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HomeMy WebLinkAboutInsituform Technologies, USA, LLC/Utilities/$399,774.40/Agreement on 36-Inch Sewer Lining ProjectAGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement is made this 17th day of August 2022, by and between City of JAQ " Carmel, Indiana, Board of Public Works and Safety, One Civic Square, Carmel, Indiana 46032 ("Owner") and Insituform Technologies USA, LLC ("Contractor"), for the project known as 36-Inch Sewer Lining to be constructed on the site located in City of Carmel, Indiana (the "Project'). Owner: City of Carmel, Indiana Board of Public Works and Safety One Civic Square Carmel, IN 46032 Contractor: Insituform Technologies USA, LLC 580 Goddard Avenue Chesterfield, MO 63005 Project: 2022 36-Inch Sewer Lining Enqineer: Jones & Henry Engineers, Ltd. 1980 E 116th St., Suite 260 Carmel, Indiana 46032 The Owner and Contractor agree as follows: Article 1. Contract Documents. The Contract Documents consist of this Agreement, the Drawings and the Specifications identified herein, and written modifications issued after execution of this Agreement. The Contract Documents form the Contract for Construction and represent the entire and integrated agreement between the parties hereto and supersede any and all prior negotiations, representations or agreements, either written or oral. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between Owner and any subcontractor or (2) between any persons or entities other than Owner and Contractor. A. Conflicts/Order of Precedent. Contractor shall promptly call to the attention of Owner any discrepancy or conflict in the Drawings or Specifications that affect its Work. In the event of conflict or discrepancies between and among the Contract Documents, figure dimensions shall take precedence over scale measurements, large scale details shall take precedence over small scale plans or drawings, and plans or drawings of a later date shall take precedence over those of an earlier date and Part 4 of the technical specifications title "Special Provisions" shall take precedence over Parts 1, 2 or 3. Any part of the Work shown on the Drawings but not specifically mentioned in the Specifications, or vice versa, shall be considered as part of the Work as though included in both. In the event of an inconsistency or Agreement Between Owner and Contractor A-1 conflict between the Drawings and Specifications, or within either document not clarified by addendum, the better quality or greater quantity of Work shall be provided. Likewise, the Work to be undertaken by Contractor shall include all incidental work necessary as customarily done for the completion of the Project even though it may not be specifically described in the Specifications or Drawings. B. Contractor's Review of Contract Documents. Contractor has carefully studied and compared the Contract Documents with each other and with information furnished by Owner and has reported to Owner all errors, inconsistencies or omissions. Contractor shall have no rights against Owner for errors, inconsistencies or omissions in the Contract Documents unless Contractor recognized such error, inconsistency or omission and reported it prior to the date of this Agreement. Contractor shall perform no construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents. Contractor warrants and represents to Owner that the Drawings and Specifications for the Work are suitable and adapted for said Work and guarantees the sufficiency of said Drawings and Specifications for their intended purpose and agrees that it will perform the Work and complete the same to the satisfaction of Owner. C. Enumeration of Contract Documents. An enumeration of the Contract Documents, other than Modifications, is: 1.1 Request for Quotes Letter 1.2 This Agreement Including Exhibits D through H 1.3 Contractor's Quote 1.4 SRF Requirement Packet 1.5 General Conditions 1.6 Specifications, consisting of all sections listed in Table of Contents thereof with the general title: 2022 36-Inch Sewer Lining (The Specification are Not attached to this Agreement due to volume.) 1.7 Reference Drawings 1.8 Addenda numbers 1 to 2 inclusive. 1.9 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 of the General Conditions. There are no Contract Documents other than those listed above in this Article 1. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 of the General Conditions. Article 2. The Work. The intent of the Agreement is to provide for the construction and completion in every detail of the work described. Contractor shall provide all materials, labor, tools, equipment, supplies, safety equipment, transportation and supervision necessary to perform, and shall perform, the work in a good and y oT Uarmel Agreement Between Owner and Contractor Itbd workmanlike manner and in accordance with the Contract Documents (as hereinafter defined) or reasonably inferable by Contractor as necessary to produce the results intended by the Contract Documents and generally described as 2022 36-Inch Sewer Lining (all hereinafter called the "Work"): A. Supervision and Construction Procedures. Contractor shall supervise and direct the Work using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work. Contractor shall be responsible to Owner for the acts and omissions of Contractor's employees, subcontractors, material suppliers, laborers, equipment lessors and all other persons performing portions of the Work. Contractor shall be responsible for the inspection of Work performed under the Contract Documents to determine that the Work is in proper condition to receive subsequent Work. B. Subcontractors. Before construction commences, Contractor shall furnish in writing to Owner the names of all persons or entities proposed for each principal portion of the Work and their respective contract sums. Contractor shall not contract with a proposed person or entity to whom Owner has made a reasonable objection. Contractor shall not change a subcontractor, person or entity previously selected if Owner makes reasonable objection to such change. 1. By appropriate agreement, Contractor shall require each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities which Contractor, by the Contract Documents, assumes toward Owner. Each subcontract shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that subcontracting thereof will not prejudice_ such rights. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound. Each subcontract for a portion of the Work is contingently assigned by Contractor to Owner, however, such assignment is effective only after termination of this Agreement by Owner for cause pursuant to Article 15 of the General Conditions and only for those subcontracts which Owner accepts by notifying the subcontractor in writing. 2. Contractor along with its Subcontractors shall assure harmonious labor relations at and adjacent to the Project and site so as to prevent any delays, disruptions or interference to the Work. Contractor shall prevent strikes, sympathy strikes, slowdowns, work interruptions, jurisdictional disputes or other labor disputes resulting for any reason whatsoever from the acts or failure to act of the employees of Contractor or any of its subcontractors, material suppliers, or other such persons or entities. Contractor agrees that it will bind and require all of its subcontractors, material suppliers and other such persons or entities to agree to all of the provisions of this paragraph. If Contractor or any of its subcontractors, material suppliers or other such persons or entities fail to fulfill any of the covenants set forth in this paragraph, Contractor will be deemed to be in default and substantial violation of the Contract Documents. Agreement Between Owner and Contractor A-3 C. Contractor's Representations. Contractor represents and warrants the following to Owner as a material inducement to Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and the final completion of the Work: 1. Contractor is able to furnish the tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; 2. Contractor has examined and carefully studied the Contract Documents (including the Addenda enumerated herein) and the other related data identified in the Documents including "technical data." 3. Contractor has visited the site of the Project and is familiar with the local conditions under which the Work is to be performed and has correlated observations with the requirements of the Contract Documents; and 4. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 5. Contractor possesses a high level of experience and expertise in the business administration, construction and superintendence of projects of the size, complexity and nature of the Project involving, among other things, the Work to be performed hereunder, and will perform the Work with the care, skill and diligence of such a contractor. 6. Contractor represents and warrants and the Owner awards this Agreement upon the express warranty of the Contractor that he has not, nor has any other member, representative, agent, or officer of the firm, company, corporation or partnership represented by the Contractor: a. employed or retained any company or person, to solicit or secure this Agreement; b. entered into or offered to enter into any combination, collusion, or agreement to receive or pay and that the Contractor has not received or paid, any fee, commission, percentage, or any other consideration, contingent upon or resulting from the award of and the execution of this Agreement, excepting such consideration and subject to the terms and conditions expressed upon the face of the within Agreement. 7. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Special Conditions as provided in paragraph 4.2.1 of the General Conditions. Contractor accepts the determination set forth in paragraph 4.2 of the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Agreement Between Owner and Contractor A-4 Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. For a breach or violation of this representation, the Owner shall have the right to cancel this Agreement without liability and to recover, at the election of the Owner, any and all monies or other consideration paid hereunder. 8. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing of the Work. Article 3. Engineer. The Project has been designed by Jones & Henry Engineers, Ltd., who is hereinafter referred to as Engineer and who is to act as the Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work all in accordance with the Contract Documents. Article 4. Date of Commencement and Completion. Contractor shall commence its Work promptly upon receipt of written notice from Owner to proceed with the Work, and Contractor shall achieve Substantial Completion within ninety (90) days after the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, subject to adjustments authorized by Owner ("Contract Time"). The Work shall be completed and ready for final payment in accordance with paragraph 14.7.2 of the General Conditions within One Hundred and Twenty (120) days after the date when the Contract Time commences to run. The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. Time limits stated in the Contract Documents are of the essence of this Agreement. By executing this Agreement, Contractor confirms that the Contract Time is a reasonable period for performing the Work. Contractor shall not knowingly, except by agreement or M., CILY Of Callne! Agreement Between Owner and Contractor A-5 instruction of Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 5 of the General Conditions. A. Commencement. It is not incumbent upon Owner to notify Contractor when to begin (other than the notice to proceed), cease or resume Work, to give early notice of the rejection of faulty Work, nor in any way to superintend so as to relieve Contractor of responsibility or of any consequence of neglect or carelessness by Contractor or its subordinates. All materials and labor shall be furnished at such time as shall be for the best interest of all trades concerned, to the end that the combined Work of all may be properly and fully completed in accordance with the progress schedule. B. Overtime. Owner, if it deems it reasonably necessary, may direct Contractor to work overtime, in addition to any overtime required to meet the progress schedule and, if so directed, Contractor shall Work said overtime. Provided that Contractor is not in default under any of the terms or provisions of the Contract Documents, Contractorwill be reimbursed for such actual additional wages paid, if any, at rates which have been approved by Owner plus taxes imposed by law on such additional wages, worker's compensation insurance and levies on such additional wages if required to be paid by Contractor. If, however, the progress of the Work or of the Project be delayed by any fault or neglect or act or failure to act of Contractor or any of its officers, agents, servants or employees, then Contractor shall, in addition to all of the other obligations imposed by this Agreement upon Contractor in such cases, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost and to avoid delay in the completion of the Work and of the Project. If, after written notice is given, Contractor refuses to work overtime required to make up lost time or to avoid delay in the completion of the Work and of the Project, Owner may hire others to perform the Work and deduct the cost from Contractor's Contract Sum. C. Delay. Should the progress of the Work or of the Project be delayed by any fault or neglect or act or failure to act of Contractor or any of its officers, agents, servants or employees so as to cause any additional cost, expense, liability or damage to Owner, or any damages or additional costs or expenses for which Owner may or shall become liable, Contractor shall and does hereby agree to compensate Owner for and indemnify them against all such costs, expenses, damages and liability. D. Excusable Delay. If Contractor is delayed, suspended, accelerated, interfered with, or otherwise hindered (collectively referred to as "hindrance" or "hindrances") at any time in the progress, performance or completion of any portion or portions of the whole of the Work contemplated by the Contract Documents as a result of flood, cyclone, hurricane, tornado, earthquake or other similar catastrophe, or as the result of acts of God, the public enemy, acts of the Government, or fires, epidemics, quarantine restrictions, strikes or labor disputes, freight embargoes or unusual delay in transportation, unavoidable casualties, or abnormal weather or on account of any acts or omissions of Owner or others engaged by it (except as herein provided), or by their employees, agents or representatives, or by changes ordered in the Work by Owner which are not required to correct problems or discrepancies in Contractor's Work, or by any other causes which Contractor could not reasonably control or circumvent, and which are not due to any fault, neglect, act or omission on Contractor's Agreement Between Owner and Contractor A-6 part, and the risks of which are not otherwise assumed by Contractor pursuant to the provisions of the Contract Documents, then the Contract Time for completion of the portion or portions of the Work directly affected by such hindrance shall, upon timely written request of Contractor, be extended by a period equivalent to the time lost by reason of the aforesaid causes by Change Order approved and signed by Owner. All claims for an extension of the Contract Time shall be based on written notice delivered to Owner and Engineer within twenty-one (21) days of the commencement of the event or occurrence giving rise to the claim. Such notice must set forth (a) the cause of the hindrance, (b) a description of the portion or portions of the Work affected thereby, and (c) all details pertinent thereto, including supporting data and the specific number of days requested. It is a condition precedent to the consideration or validity of all claims for an extension of the Contract Time that such claims be made in writing and delivered in strict accordance with all applicable time limits provided above. Otherwise, such claims shall be waived, invalid and unenforceable as against Owner. E. No Damages for Delay. Contractor agrees that, whether or not any hindrances shall be the basis for an extension of the Contract Time, it shall have no claim against Owner for an increase in the Contract Sum, nor a claim against Owner for a payment or allowance of any kind for damage, loss or expense resulting from hindrances, except for acts constituting intentional and unjustified or unreasonable interference, disruption or delay by Owner with Contractor's performance of its Work when such acts continue after Contractor's written notice to Owner of such interference, disruption or delay. Owner's exercise of its rights under the Contract Documents, including but not limited to, its rights regarding changes in the Work, regardless of the extent or number of such changes, performance of separate work or carrying out Contractor's Work by Owner, directing overtime or changes in the sequence of the Work, withholding payment or otherwise exercising its rights under the provisions of this Agreement shall not be construed as intentional or unjustified interference with Contractor's performance of the Work. F. Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Article 4, plus any extensions allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner FIVE HUNDRED DOLLARS 500.00 for each day that expires after the time specified in Article 4 for Substantial Completion until the Work is otherwise substantially complete. After Substantial Completion, if Contractor shall neglect, refuse orfail to complete the remaining Work within the time specified in Article 4 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner FIVE HUNDRED DOLLARS ($500.00) for each day that expires after the time specified in Article 4 for completion and readiness for final payment. Article 5. Contract Sum. Owner agrees to pay Contractor for the timely and proper performance of the Work, subject to additions and deductions provided therein and in accordance with the Contract Documents in current funds based on the quote prices Agreement Between Owner and Contractor A-7 as set forth in the conformed copy of the Contractor's quote attached hereto as Exhibit A, the sum of three -hundred -ninety -nine -thousand -seven -hundred -seventy -four - dollars -and -forty -cents ($399,774.40) ("Contract Sum"). The Contract Sum, including authorized adjustments, is the total amount payable by Owner to Contractor for performance of the Work under the Contract Documents. In determining the Contract Sum, Contractor has taken into account the level of completeness of the Contract Documents and has exercised its best skill and efforts to make (1) appropriate judgments and inferences in connection with the requirements of the Contract Documents, and (2) all inquiries to clarify the Contract Documents as necessary to calculate and establish the Contract Sum. The Contract Sum may be changed only by Change Order. Article 6. Contract Payments. All payments provided herein are subject to funds as provided by Owner and the laws of the State of Indiana. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Based on Applications for Payment properly submitted to Engineer by Contractor, the Applications for Payment will be processed by Engineer as provided in the General Conditions. A. Progress Payments; Retainage: Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, no more often than monthly during construction as provided below. Each Application for Payment shall be based on the schedule of values established in paragraph 2.7 of the General Conditions (and in the case of Unit Price Work based on the number of units properly completed) or, in the event there is no schedule of values, as provided in the General Requirements. Such Application for Payment shall be supported by such data substantiating Contractor's right to payment as Owner may require, such as copies of requisitions from subcontractors and material suppliers. 1. Owner reserves the right to inspect the Project and approve the progress of Work completed to the date of the Application for Payment. If requested by Owner prior to making said payment, Contractor shall submit to Owner an Affidavit and partial Waiver of Lien, and/or partial waivers from subcontractors and material suppliers, in form and content satisfactory to Owner, stipulating that all costs for labor and materials incurred in the previous month have been paid to subcontractors, material suppliers, laborers and equipment lessors. An Application for Payment shall not include requests for payment of amounts Contractor does not intend to pay to a subcontractor or material supplier. a. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or OWNER may withhold, in accordance with paragraph 14.2.2.5 of the General Conditions. b. Progress payment will be made for ninety percent (90%) of Work completed (with the balance being held as retainage). If Work is fifty percent (50%) complete as determined by Engineer, and if the character and progress of the Work has been satisfactory to Owner and Engineer, Agreement Between Owner and Contractor A-8 Owner, at its sole discretion and without obligation, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to one hundred percent (100%) of the Work properly completed. C. Progress payment will be made for ninety percent (90%) of invoice price for materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.4 of the General Conditions). B. Payment of Subcontractors. The Contractor agrees to assume and does assume full and exclusive responsibility for the payment of subcontractors in compliance with Ind. Code § 36-1-12-13. The obligation of the surety shall not in any way be affected by the bankruptcy, insolvency, or breach of contract of the Contractor. 1. The making of an incorrect certification by the Contractor shall be considered a substantial breach of contract on the part of the Contractor. Based on a breach of contract, the Owner may, in addition to all other remedies, withhold all payments not yet made and recover all payments previously made less that amount which has actually been paid to subcontractors by the Contractor. The obligation is hereby created on the part of the Contractor to return all such payments previously made in such case. 2. Upon receipt of a progress payment, Contractor shall pay promptly all valid bills and charges for materials, equipment, labor and other costs in connection with or arising out of the Work and will hold Owner free and harmless from and against all liens and claims of liens for such materials, equipment, labor and other costs, -or any of them, filed against the Project or the site, or any part thereof, and from and against all expenses and liability in connection therewith including, but not limited to, court costs and attorneys' fees. Should any lien or claim of lien be filed of record against the Project or the site, or should Owner receive notice of any claim or of any unpaid bill in connection with the Work, Contractor shall forthwith either pay or discharge the same and cause the same to be released of record or shall furnish Owner with appropriate indemnity in form and amount satisfactory to Owner. C. Withholding of Payment. If any claim or lien is made or filed with or against Owner, the Project, the real estate, or contract proceeds by any person claiming that Contractor or any subcontractor or any person for whom Contractor is liable has failed to make payment for labor, services, materials, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work, or if at any time there shall be evidence of such non-payment or of any claim or lien which is chargeable to Contractor, or if Contractor or any subcontractor or other person for whom Contractor is liable causes damages to the Work, or if Contractor fails to perform or is otherwise in default under any of the terms or provisions of the Contract Documents, Owner shall have the right to retain from any payment then due or thereafter to become due an amount which it deems sufficient to (1) satisfy, discharge and/or defend against such claim or lien or any action which may be brought or judgment which may be recovered thereon, (2) make good any such non-payment, Agreement Between Owner and Contractor A-9 damage, failure or default, and (3) compensate Owner for and indemnify him against any and all losses, liability, damages, costs, and expenses, including attorneys' fees and disbursements which may be sustained or incurred in connection therewith. Owner shall have the right to apply and charge against Contractor so much of the amount retained as may be required for the foregoing purposes. If the amount retained is insufficient therefor. Contractor shall be liable for the difference. 1. If Owner withholds any payment, partial or final, from Contractor, Owner may, but shall not be obligated or required to, make direct or joint payment on behalf of Contractor for any part or all of such sums due and owing to said subcontractors, material suppliers, equipment lessors and/or laborers for their labor, materials or equipment furnished to the Project, not to exceed the Contract Sum remaining due and owing to Contractor, and charge all such direct payments against the Contract Sum; provided, however, that nothing contained in this paragraph shall create any personal liability on the part of Owner to any subcontractor, material supplier, equipment lessor or laborer, or any direct contractual relationship between Owner and them. D. Substantial Completion. Upon Substantial Completion of the Work in accordance with Article 14 of the General Conditions, the Owner shall pay the Contractor an amount sufficient to increase total payments to Contractorto ninety-eight percent (98%) of the Contract Sum (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.4 of the General Conditions. E. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.7.2 of the General Conditions, Owner shall pay the remainder of the Contract Sum as recommended by Engineer as provided in said paragraph 14.7.2. 1. When the Contractor completes the work in accordance with the Contract Documents and in an acceptable matter as determined by the Engineer, the Contractor will prepare a final estimate for the work performed and will furnish the Engineer with a copy of the final estimate. Final payment shall not become due until Contractor submits (a) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which Owner or Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents will remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to Owner, (3) a written statement that Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, and (5) if required by Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances. 2. The Engineer, acting on behalf of the Owner, will then certify to the Owner's duly appointed representative the balance due "the Contractor and the certificate will be deemed evidence of final acceptance of the completed Agreement by the Owner. Owner shall make final payment to the Contractor within one hundred twenty (120) days after final acceptance and completion of the Agreement. However, final payment may not be made on any amount that is in dispute, but final payment Agreement Between Owner and Contractor A-10 may be made on the part of the Contract Sum or those amounts not in dispute. For each day after one hundred twenty (120) days, the Owner will pay to the Contractor interest for late payment of money due to the Contractor. However, interest will not be paid for those days that the delay in payment is not directly attributable to the Owner. The annual percentage rate of interest that the Owner shall pay on the unpaid balance is eight percent (8%). 3. Acceptance of final payment by Contractor shall constitute a waiver of claims by Contractor except those previously made in writing and identified by Contractor as unsettled at the time of final payment. Article 7. Termination and Suspension. The Agreement may be terminated by the Owner or the Contractor as provided in Article 15 of the General Conditions. The Work may be suspended by the Owner as provided in Article 15 of the General Conditions. Article 8. Interest. Unless otherwise expressly provided in the Contract Documents, payments due to Contractor under the terms of the Contract Documents and unpaid shall bear no interest and Contractor shall be entitled to no interest, statutory or otherwise. If the right to interest is expressly provided in the Contract Documents, then such interest shall apply only with respect to liquidated and non -disputed payments, and shall accrue from and after the thirtieth (30th) day following Owner's receipt of a statement of account by Contractor demanding such payment and containing an express statement by Contractor of its intention to assess such interest. In the event Owner is entitled to withhold payment under the Contract Documents, or in the event of a good faith dispute between Owner and Contractor, no interest shall accrue. Article 9. Owner's, Contractor's and Engineer's Representations. 9.1 The Owner's Representative is: Mr. John Duffy, Utility Director 30 W Main Street Suite 220 Carmel, Indiana 46032 9.2 The Contractor's Representative is: Ursula Youngblood, Contracting & Attesting Officer 580 Goddard Avenue Chesterfield, MO 63005 Article 10. Miscellaneous. A. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Indiana. B. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. C. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the prior written Agreement Between Owner and Contractor A-11 consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. D. SUCCESSORS AND ASSIGNS. Owner and Contractor respectively bind themselves, their successors, assigns and legal representatives to the other party hereto in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to this Agreement shall assign this Agreement without the written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under this Agreement. E. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. F. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. G. RIGHTS AND REMEDIES. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. No act or failure to act by Owner or Contractor shall constitute a waiver of a right or duty afforded them under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a thereunder. Article 11. Dispute Resolution. A. Mediation. The parties shall endeavor to resolve their claims by mediation which, if the parties mutually agree, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. B. Litigation. In the event of any litigation between the Owner and Contractor that arises out of or relates to this Agreement or the Project, the "prevailing party" in such litigation shall be entitled to recover its attorneys' fees incurred in the litigation. For the purposes of this paragraph, the term "prevailing party" shall mean the party that recovers all or substantially of the relief requested in its pleadings, and includes attorneys' fees incurred in the collection or enforcement of any judgment. The parties agree that the exclusive and sole venue for any claim arising out of or relating ,.nfqewt i y e aame Agreement Between Owner and Contractor A-12 to the Contract shall be any court of competent jurisdiction located in Hamilton County, Indiana. IN WITNESS WHEREOF, Owner and Contractor have signed five (5) copies of this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or identified by Engineer on their behalf. r q e aame Agreement Between Owner and Contractor A-13 DocuSign Envelope ID: 6A9F830C-961C-41CA-88AD-8D607A5F8670 This Agreement will be effective on August 17, 2022 (which is the Effective Date of this Agreement as defined in the General Conditions). City of Carmel, Indiana Owner It's Board of Works & Public By Safety DocuSigned by: e�ft`V�'rd, Presiding Officer DocuSigned by: °1 fie, Member DocuSigned by: o ,'Member Dxuftmd by: S K Wo4� Attest 8/17/2022 Address forgiving notices One Civic Square Carmel, IN 46032 INSITUFORM TECHNOLOGIES USA, LLC. Contractor By dlsmla-� IA4�- UrsulYoungb 1 ng Attesting Officer [corporate seal] Attest,�� , Jana ae us, Contracting &Attesting Officer Address for giving notices 580 Goddard Avenue Chesterfield, MO 63005 License No. not applicable Agent for service of process: A-14 not applicable —CITY Tcuffw-- Agreement Between Owner and Contractor INSTRUCTIONS FOR EXECUTING AGREEMENT If the Contractor is a corporation, the following certificate should be executed by an officer of the firm other than the Agreement signee: certify that I am the Contractinq & Attesting Officer of the limited liability company corporation named as Contractor hereinabove; that Ursula J. Youngblood who signed the foregoing Agreement on behalf of the Contractor was then Contractinq & Attesting Officer Limited Liability Company of said Corperat4on; that said Agreement was duly signed for and in behalf of Limited Liability Company said Gorporation by authority of its governing body, and is within the scope of its corporate powers. Jana L use, Contracting & Attesting Officer (Corporate Seal) If the Agreement is signed by the secretary of the corporation, the above certificate should be executed by some other officer of the corporation, under the corporate seal. In lieu of the foregoing certificate there may be attached to the Agreement copies so much of records of the corporation as will show the official character and authority of the officers signing, duly certified by the secretary or assistant secretary under the corporate seal to be true copies. The full name and business address of the Contractor should be inserted and the Agreement should be signed with his official signature. The name of the signing party or parties should be typewritten or printed under all signatures, o the Agreement. If the Contractor should be operating as a partnership, ekt partner should sign the Agreement. If the Agreement be not signed by each partner, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's (signers') authority to sign such contract for and in behalf of the partnership. Agreement Between Owner and Contractor A-15 If the Contractor be an individual, the trade name (if the Contractor be operating under a trade name) should be indicated in the Agreement and the Agreement should be signed by such individual. If signed by one other than the Contractor, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's authority to execute such Agreement for and in behalf of the Contractor. Agreement Between Owner and contractor A-16 580 Goddard Avenue Chesterfield, MO 63005 78 Fm, A E G I 0 Nr Phone: (636) 898-8000 Insituform Fax: (636egion' Corn 1nvw.eegion.com Stronger. Safer. Infrastructure: ! INSITUFORM TECHNOLOGIES USA, LLC PRESIDENT APPONTMENT OF CONTRACTING AND ATTESTING OFFICERS The undersigned, being the President of Insituform Technologies USA, LLC, a Delaware Limited Liability Company (the "Company"), and pursuant to the authority set forth in the Limited Liability Company Operating Agreement of the Company, hereby determines that: Christlanda Adkins, Janet Hass, Jana Louse, Diane Partridge, Whittney Schulte, and Ursula Youngblood are appointed as Contracting and Attesting Officers of the Company, each with the authority, individually and in the absence of the others, subject to the control of the Board of Managers of the Company, to: (i) certify and attest to the signature of any officer of the Company; (ii) enter into and bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company; (iii) execute and to deliver documents on behalf of the Company; and (iv) take such other action as is or may be necessary and appropriate to carry out the project, activities and work of the Company. 2.. Any person previously appointed or serving as a Contracting and Attesting Officer of the Company prior to the date hereof and who is not named above is hereby removed from any such appointment. Dated: March 25, 2022 w Burt . Ke. i President �M AEGION' Stronger. Safer. Infrastructure: Insifuform INSUITUFORM TECHNOLOGIES USA, LLC BOARD OF MANAGERS AND OFFICERS (Current as of October 1, 2021) BOARD OFMANAGERS Robert Tullman Member Board of Managers Monts, M. Bolles Member Board of Managers Timothy J. Gallagher Member, Board of Managers OFFICERS Name Office Ralph E. Western President David F. Morris Executive Vice President & Chief Financial Officer Monts. M. Bolles Executive Vice President, Chief Legal Officer, Chief HR Officer & Secretary Kent W. Bartholomew Sr. Vice President & Assistant Secretary John L. Heggemann Sr. Vice President Donald E. Hake Sr. Vice President & Treasurer Dennis Pivin Vice President — Safety CONTRACTING AND ATTESTING OFFICERS Christlanda Adkins Gina Gurrieri Janet Hass Jana Lause Diane Partridge Whittney Schulte Ursula Youngblood Business Address for Board of Managers and Officers: 17988 Edison Avenue Chesterfield, MO 63005 EXHIBIT D CONTRACTOR'S AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS (_) FINAL (_) PARTIAL (_) PAYMENT TO FOLLOW OWNER: City of Carmel, Indiana Department PROJECT: of Public Works. CONTRACTOR: CONTRACT DATE: being duly sworn states that he or she is the of CONTRACTOR, which was awarded Contract No. with the OWNER in accordance with the contract terms and conditions to install and/or furnish certain materials and labor as follows: ("Work") for the Project, DOES HEREBY STATE, WARRANT AND REPRESENT ON BEHALF OF THE CONTRACTOR the following: PARTIAL WAIVER That the balance due from OWNER is the sum of ($ ). () Receipt of which is hereby acknowledged; or () Payment of which has been promised as the sole consideration for this AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS and which is given to and for said amount effective upon receipt of such payment. FINAL WAIVER That the final balance due from OWNER is the sum of ($ ). () Receipt of which is hereby acknowledged; or () Payment of which has been promised as the sole consideration for this AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS which is given to and for said amount effective upon receipt of such payment. THEREFORE, through the date hereof. Contractor waives and releases the Owner and Project of all liens or claims, including, but not limited to, claims for materials, equipment, labor, superintendence and other services or Work performed or furnished by Contractor and further affirms that no other party has any claim or right to lien on account of any materials, equipment, labor, superintendence and other services or Work performed or furnished to or for Contractor for the Project. Contractor agrees to indemnify, defend and hold the Owner and Project harmless, including costs and attorneys' fees, from and against any and all claims or liens for any subcontractors, materials, supplies, equipment or labor furnished for, in connection with or incorporated into the Project by, through or under Contractor through the date hereof. This Affidavit and Waiver of Liens is given to induce Owner to pay the amount indicated above. Contractor represents that all employees, subcontractors or materialmen have been paid or will be paid from these funds. That through the date hereof, all Affidavits and Waiver of Liens and Claims are true, correct and unconditional and that there is no claim either legal or equitable to defeat the validity of said Affidavits and Waiver of Liens and Claims. That the following are the names of all parties who have furnished material or labor, or both, for said Work and all parties having contracts or subcontracts for specific portions of said Work or for material used in the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to complete said Work according to Project plans and specifications: 1 2 3 4 5 6 7 CONTRACTOR TYPE OF WORK AMOUNT OF CONTRACT TOTAL RETAINED NET PREVIOUSLY PAID NET AMOUNT THIS PAYMENT BALANCE TO BECOME DUE TOTAL AMOUNT OF ORIGINAL CONTRACT WORK COMPLETED TO DATE EXTRAS TO CONTRACT LESS RETAINAGE TOTAL CONTRACT & EXTRAS NET AMOUNT EARNED CREDITS TO CONTRACT NET PREVIOUSLY PAID ADJUSTED TOTAL CONTRACT NET AMOUNT OF THIS PAYMENT BALANCE TO BECOME DUE 2022 36-Inch Sewer Lining A-22 CITY OF CARMEL This instrument has been executed as of the day of , 20_ CONTRACTOR: STATE OF COUNTY OF INDIANA M Name: Title: Sworn to and subscribed before me the undersigned authority on this , 20_ Notary Public, State of Printed Name of Notary [ SEAL] My Commission Expires: day of 2022 36-Inch Sewer Lining A-22 CITY OF CARMEL EXHIBIT E SUBCONTRACTOR AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS (_) FINAL (_) PARTIAL (_) PAYMENT TO FOLLOW OWNER: City of Carmel, Indiana Department PROJECT: of Public Works. SUBCONTRACTOR: CONTRACT DATE: being duly sworn states that he or she is the of SUBCONTRACTOR, which entered into a contract in writing with ("CONTRACTOR") who was awarded Contract No. with the OWNER in accordance with the contract terms and conditions to install and/or furnish certain materials and labor as follows: ("Work") for the Project, DOES HEREBY STATE, WARRANT AND REPRESENT ON BEHALF OF THE SUBCONTRACTOR the following: PARTIAL WAIVER That the balance due from CONTRACTOR is the sum of ($ 1. () Receipt of which is hereby acknowledged; or () Payment of which has been promised as the sole consideration for this AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS and which is given to and for said amount effective upon receipt of such payment. FINAL WAIVER That the final balance due from CONTRACTOR is the sum of ($ 1. () Receipt of which is hereby acknowledged; or () Payment of which has been promised as the sole consideration for this AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS which is given to and for said amount effective upon receipt of such payment. THEREFORE, through the date hereof, Subcontractor waives and releases the Owner, Contractor and Project of all liens or claims, including, but not limited to, claims for materials, equipment, labor, superintendence and other services or Work performed or furnished by Subcontractor and further affirms that no other party has any claim or right to lien on account of any materials, equipment, labor, superintendence and other services or Work performed or furnished to or for Subcontractor for the Project. Subcontractor agrees to indemnify, defend and hold the Owner, Contractor and Project harmless, including costs and attorneys' fees, from and against any and all claims or liens for any sub - subcontractors, materials, supplies, equipment or labor furnished for, in connection with or incorporated into the Project by, through or under Subcontractor through the date hereof. This Affidavit and Waiver of Liens is given to induce Contractor to pay the amount indicated above. Subcontractor represents that all employees, subcontractors or materialmen have been paid or will be paid from these funds. That through the date hereof, all Affidavits and Waiver of Liens and Claims are true, correct and unconditional and that there is no claim either legal or equitable to defeat the validity of said Affidavits and Waiver of Liens and Claims. That the following are the names of all parties who have furnished material or labor, or both, for said Work and all parties having contracts or subcontracts for specific portions of said Work or for material used in the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to complete said Work according to Project plans and specifications: 1 2 3 4 5 6 7 SUBCONTRACTOR TYPE OF WORK AMOUNT OF CONTRACT TOTAL RETAINED NET PREVIOUSLY PAID NET AMOUNT THIS PAYMENT BALANCE TO BECOME DUE TOTAL AMOUNT OF ORIGINAL CONTRACT EXTRAS TO CONTRACT TOTAL CONTRACT & EXTRAS CREDITS TO CONTRACT ADJUSTED TOTAL CONTRACT WORK COMPLETED TO DATE _ LESS RETAINAGE NET AMOUNT EARNED NET PREVIOUSLY PAID NET AMOUNT OF THIS PAYMENT BALANCE TO BECOME DUE 2022 36-Inch Sewer Lining CITY OF CARMEL A-24 This instrument has been executed as of the day of , 20. CONTRACTOR: Name: Title: STATE OF INDIANA COUNTY OF Sworn to and subscribed before me the undersigned authority on this , 20_ Notary Public, State of Notary [ SEAL] My Commission Expires: Name of day of 2022 36-Inch Sewer Lining CITY OF CARMEL A-24 EXI Illil I I CHANGE ORDER Change Order No Date: Contract Date: Name of Project: 2022 36-Inch Sewer Lining Owner: Contractor: The following changes are hereby made to the Agreement: Description of Change in Work: Justification: Original Contract Price: Previous Changes to Contract Price: Current Contract Price adjusted by previous Change Order(s): The Contract Price due to this Change Order will be (increased)(decreased) by: The new Contract Price including this Change Order will be: Change to Contract Time: H The Contract Time will be (increased)(decreased) by The date for completion of all work will be Requested by: (Owner) calendar days. (Date) Recommended by: (Consulting Engineer) (Date) Accepted by: (Contractor) (Date) Approved by: (Name and Title) One Copy — Owner One Copy — Contractor One -Copy- Ertgineer 2022 36-Inch Sewer Lining A-25 CITY OF CARMEL Change Order Form EXHIBIT G CONFINED SPACE REQUIREMENT ACKNOWLEDGEMENT The undersigned hereby warrants and represents that they are familiar with and have reviewed the OSHA requirements concerning entry into confined spaces. The undersigned hereby further warrants and represents that they have made all employees, agents, or independent contractors including, but not limited to subcontractors employed by them who will be working on the site familiar with these requirements. The undersigned hereby further warrants and represents that all employees, agents, or independent contractors including, but not limited to subcontractors employed by them who will be working on the site will comply with all requirements concerning entry into confined spaces including, but not limited to, additional requirements which might be imposed pursuant to state and federal regulations. rsa,k � tiounaGPi ' JrsuIAJ. YoungbIoLdJ Si ature Contracting & Attesting Officer 580 Goddard Avenue Chesterfield MO 63005 Company (Address) 2022 36-Inch Sewer Lining CITY OF CARMEL A-26 Exhibit H Clause and Affidavit to be added to Contract For Services to be provided to CITY OF CARMEL, INDIANA (as required by Indiana SEA 590, effective July 1, 2011) VERIFICATION OF WORK ELIGIBILITY STATUS I. Ursula J. Youngblood for INSITUFORM TECHNOLOGIES USA, LLC. (hereinafter called "Contractor") understands and agrees that it is required to enroll in and verify the work eligibility status of all employees hired after the date of this contract through the E-Verify program. This requirement shall be waived if the E-Verify program ceases to exist. For the purposes of this paragraph, the "E-Verify program" means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 196 (P.L. 104-208), Division C, Title IV, s. 403(a), as amended, operated by the United States Department of Homeland Security or a successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and Control Act of 1986 (P.L. 99-603). 2. An authorized representative of the Contractor has signed the affidavit below concerning the employment of unauthorized aliens. AFFIDAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED ALIENS I am a duly authorized officer of INSITUFORM TECHNOLOGIES USA, LLC. (hereinafter called "Contractor") and I hereby certify that as of the date of this Affidavit, Contractor does not employ any "unauthorized aliens" as that term is defined in 8 U.S.C. 1324a (h)(3). I AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE. Dated: 8August 2022 2I � L�I� /S4 Signature f L/ jk Ursula J. Youngblood, Contracting & Attesting Officer Printed Name 8 U.S.C. 1324a(h)(3) Definition of unauthorized alien As used in this section, the term "unauthorized alien" means with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) An alien lawfully admitted for permanent residence, or _ (B) Authorized to he sn emnloynd by this chapter or bv the Attorne , General NOTICE TO PROCEED Dated 2022 TO: ADDRESS: PROJECT: 36-Inch Sewer Lining OWNER's CONTRACT NO.: CONTRACT FOR: City of Carmel, Indiana You are notified that the Contract Times under the above contract will commence to run on .2022. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement the dates of Substantial Completion and completion and readiness for final payment are . 2022 and .2022. Before you may start Work at the site, paragraph 2.5 of the General Conditions provides that you must deliver to the Owner (with copies to ENGINEER and other identified additional insureds) certificates of insurance which you are required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must M cc: Project Engineer John Duffy City of Carmel, Indiana (OWNER) (AUTHORIZED SIGNATURE Utility Director (TITLE) Notice to Proceed SRF REQUIREMENTS This project is funded by the Indiana State Revolving Fund (SRF). The Contractor shall comply with all SRF requirements written or referenced in the following included documents. �. vow �acn'eir a. Attachment A: Form WH-347 b. Attachment B: Required Provisions Related to Davis -Bacon Act and Related Acts c. Attachment C: Required Contract Provisions Related to Wage -Fringe Benefit Certification d. Attachment D: IFA Wage -Fringe Benefit Certification Form e. Attachment E: Required Contract Provision Related to Suspension and Debarment 2. Certification of Nonsegregated Facilities 3. Notice of Workers Nondiscrimination in Employment 4. form 5. Davis -Bacon wage rates (te beissaed by adderrdaj 2022 36-Inch Sewer Lining SRF Requirements INDIANA STATE REVOLVING FUND LOAN PROGRAM DBE PACKET This packet lists required contract conditions that apply to all Clean Water and Drinking Water State Revolving Fund projects and contains forms that must be used in the procurement process. This packet must be physically included in all bidding and contract documents. This project is being financed in whole or in part by the Indiana State Revolving Fund Loan Programs. The loan recipient is required to comply with the following federal and state laws, rules and regulations and must ensure that their contractor(s) also comply with these regulations, laws and rules. 1. Title VI of the Civil Rights Act of 1964 (P.L 88-352), the Rehabilitation Act of 1973 (P.L. 93- 1123, 87 Stat. 355, 29 U.S.C. Sec. 794), the Older Americans Amendments of 1975 (P.L. 94- 135 Sec. 303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), and subsequent regulations, ensures access to facilities or programs regardless of race, color, national origin, sex, age or handicap. 2. Executive Orders 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations. Prohibits employment discrimination on the basis of race, color, religion, sex or national origin. Inclusion of the seven clauses in Section 202 of E. O. 11246 as amended by E. O. 11375 and 12086 are required in all project related contracts and subcontracts over $10,000. 3. 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements 4. Executive Orders 11625, 12138 and 12432; 40 CFR part 33; Section 129 of P. L. 100-590 Small Businesses Reauthorization & Amendment Act of 1988; Public Law 102-389 (42 U.S.C. 437d); a 1993 appropriations act ("EPA's 8% statute"); Public Law 101-549, Title X of the Clean Air Acts Amendments of 1990 (42 U.S.C. 7601 note) ("EPA's 10% statute"). Encourages recipients to award construction, supply and professional service contracts to minority and women's business enterprises (MBEIWBE) and small businesses and requires recipients to utilize affirmative steps in procurement. 5. Executive Order 12549 and 40 CFR Part 32, Subparts B and C. Prohibits entering into contracts or sub -contracts with individuals or businesses who are debarred or suspended. Borrowers are required to check the status of all contractors (construction and professional services) and must require contractors to check the status of subcontractors for contracts expected to be equal to or over $25,000 via this Internet address: www.sam.aov 6. Indiana Code 36-1-12-12, Requires the board to withhold final payment to contractor until the contractor has paid the subcontractors, material suppliers, laborers, or those furnishing services 7. Indiana Code 36-1-12-13.1, requires performance and payments bonds equal to 100% of the contract price if the cost of the public work is estimated to be more than $200,000. Equal Employment Inclusion of these seven clauses (excerpt from Executive Order No. 11246, Section 202 as amended by Executive Order 11375 and 12086) is required in all CWSRF and DWSRF project related contracts and subcontracts over $10,000: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and all of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order No. 11246 of Sept. 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of Sept. 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a 2 means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. -Bisadvantaged-Busittew En with -Efforts- Borrowe r grime contractors must follow, document, and in documentation of their good faith efforts to mee Re MI�1 BE goals as listed below to ensure that Disadvantage Business Enterprises (DBEs) have the opportunity top ' ' ne n the project by increasing DBE awareness of procurement efforts and outreach. In order to become a certi ie er this rule, an eligible entity must submit an application that can be found by visiting: httns://www.in.eov ' ealtr1cbe ontracts and subcontracts to be awarded to MBEs and WBEs and their participation in the Contractor's aggrega a on all construction work for the subject project are as follows: MBFs 7 %- 0 —T. re made aware of contracting opportunities to the fullest extent practicable through outreach and recrut me ; ' lacing DBEs on solicitation lists and soliciting them whenever they are potential sources. rmation on forthcoming opportunities available to DBEs and arrange time frames for contracts and esta schedules, where the requirements permit, in a way that encourages and facilitates participation the competitive process. This includes, whenever possible, posting solicitation for bids or proposa s um of 30 calendar days before the bid or proposal closing date. C-onsidgr in the contracting process whether firms competing for large contracts could be subcontracte wi s will include dividing total requirements when economically feasible into smaller tasks or quantities ximum participation by DBEs in the competitive process. Encourage contracting with a consortm hen a contract is too large for one of these firms to handle individually. nce of the Small Business Administration and the Minority Business Development Agency of the U. S. Departmen o awards subcontracts, require the prime contractor to take the steps in numbers 1 through Rea uired Contract Conditions must be included in all procurement contracts entered into by the loan recipient for all SRF projects: 1. The prime cont or must pay its subcontractor for satisfactory performance no more than 30 days from the prime c actor's receipt of payment from the loan recipient. 2. The prime contractor must notify loan recipient in writing prior to the termination of any DBE subcontractor for convenience by rime contractor. 3. If a DBE subcontractor fails to complete work un a subcontract for any reason, the prime contractor must employ the six good faith efforts if solicr ' a replacement subcontractor. 4. The prime contractor must employ the six good faith efforts even if rime contractor has achieved its fair share objectives. 5. Each procurement contract signed must include the Following term and condition: "The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." \ { (( fla ! f z \ \\ )\ !;! 9 G){ � g . - � z \\{ g k \ fi\, - k ! ! : -- ;3iT _: \§§ ._! - \ / § - ) ) \ _# G ! #\ / q ! !! f \tr�( 0 / 0 / ` / (( `� _ f! \){ _ § o '0 - § ` - i{!E - ) ~ / \j\ - ))! \ ;{ 2 ] 03 E ) :0 all? /E\ / j \ \ �( q \ §« r� o� F UQoo QN Z 00 U� Z 0 WH FO r a JF N ~ IIIXLLL Y~ o Wf f 1a-NW N>W N �Z U rw O� a u LL a °UW p ODUO �Sw w w OF X LL �ON W LLow F JUZ J�J a w 3 � mmo cam, ' N aJ _Ti LU N N v o m C� L d E 'c«« C�Km K ='moo -� g S°'l� O y ' VEvp Kc - me8tTmN'Ey 2« wocE v N eOO. Lmc 'E am _S.N° LBv m y 0 Nry y N N r: a U 'p N-6 01 pCq1 O N L C O LL r m m DNQo N u .d. m y ta' S '9 �aiE ° m�0 E M c 2 E v v j u N z u° QN O 3 N m ij 6� "C N 2 m L' 2 N O eo :0, � ap O U C m � � W� X b yi L N O ° n O C n O C O n^ L O 5 wm ioi cmam L o 'J s a8aw a .mw.!°1a> m� a @vnc rn vL 56g N C,� v o._Jin c�0a QEm mEC" NJD Q mo v'0S.mn ' n m � n nn H 12 �Ea 0 Dm N o2'bd —�n mDGo mE._Q:2 vcJ m o Lry E0mvw 'N nUCN LN ❑ a N Cy y-LN ? �ry`pJ Cm U 'O° md m 6 N LU16° = m N C mm DC O m C m12 ° LL y v L Cp W m mJ N xO C U nWW «Po n p C'''dpppN C S W. N C J m O) N iy '�pV ie CD=� LLmC_ �g '-' N m N C L m of.: T m .'wN nE�rn O m C C« Z D m d N O L dC L K m d m E po -- c«N nE'�. W 5«Lv 0o E°�jv`�i $=��°O TE�� w n E y mm c n m� m n m« 3❑ N `. @ o L) L mo �'nN vn nn% a v oM� s m u m nin U1 Attachment B Required Contract Provisions Related to Davis -Bacon Act and Related Acts Provisions substantially like the following shall be included in each procurement contract for the actual construction, attention and/or repair, including painting and decorating. The SRF Applicant shall remain responsible for compliance with applicable law (including Davis Bacon and related Acts). Such SRF Applicant has been encouraged to consult with its advisors and counsel regarding such matters and, in any event, understands that the use of the following does not relieve the SRF Applicant from its obligation to comply with applicable law (including Davis Bacon and related Acts) and related provisions of any financial assistance agreement entered into with the Indiana Finance Authority, nor will the State Revolving Fund Loan Programs, the Indiana Finance Authority or the State of Indiana be responsible for or limited by any SRF Applicant's use of the following provision. (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section I (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Section (4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (1)(ii) of this section) and the Davis - Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The ]SRF Applicant], on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The EPA award official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the [SRF Applicant] agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the [SRF Applicant] to the State award official. The State award official will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the and the [SRF Applicant] do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the questions, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The [SRF Applicant], shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the [SRF Applicant], that is, the entity that receives the sub - grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the [SRF Applicant] shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the suhmiseinn of conies of Payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the [SRF Applicant] for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the [SRF Applicant]. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; and (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to [SRF Applicant]. (4) Apprentices and trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor is or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be pair% not ess than the lip app acaable wage rate on the wage determi�� onR«onatinn for the rlassiFnafion of 10 work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the governing federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or Finn who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. (11) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen and guards shall require or permit any such laborer, mechanic, watchman or guard in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer, mechanic, watchman or guard receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (12) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in the above paragraph (11) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman or guard employed in violation of the clause set forth in the above paragraph (11) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in the above paragraph (11) of this section. (13) Withholding for unpaid wages and liquidated damages. The [SRF Applicant], upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in the above paragraph (12) of this section. (14) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (11) through (14) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (11) through (14) of this section. (b) In addition to the clauses contained in paragraph (13), above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the [SRF Applicant] shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers, mechanics, watchmen and guards working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the [SRF Applicant] shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection. con_, v _in¢, or transcription by authorized representatives 12 of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. [29 CFR 5.51 13 Attachment C Required Wage/Fringe Benefit Certification A provision substantially like the following shall be included in each contract between SRF Applicant and a contractor for work related to the Project. A copy of the Wage/Fringe Benefit Certification referenced in the below provision is attached hereto. Additional copies may be obtained from the Indiana Finance Authority. Davis -Bacon Wage/Fringe Benefit Certification (a) Every contractor and subcontractor furnishing work on the Project shall complete a Wage/Fringe Benefit Certification on the form approved by the Indiana Finance Authority and submit this certification to the Labor Standards Administrator prior to commencing work on the Project. (b) The Contractor shall require the substance of this provision to be included in all contracts with subcontractors. 14 a n r. c 0-1 r M v� y_ oc -E a N Uo r W � r C d u m a � a c a 'C E LL V N a RF J J F fU W O w IL P. a D f6 6 C a u d � U m a m 0 T a � J U D D Q > O T O ` � O o � y C O dU d m rn c c l in 0 O m N c o >m > T a m 10 n d a 0 m U N � l0 a� m F c 0 N u y d a d d m' rn d� C 41 LL a m u a Q � a @„ E 3 p NO LL m 0 U N U d F 0 e a T a a ery U d is N N � V E Attachment E Required Contract Provision Related to Suspension and Debarment A provision substantially like the below shall be included in each procurement contract related to the Project. The SRF Applicant shall remain responsible for compliance with applicable law (including Suspension, Debarment, and Other Responsibility Matters). Such SRF Applicant has been encouraged to consult with its advisors and counsel regarding such matters and, in any event, understands that the use of the following does not relieve the SRF Applicant from its obligation to comply with applicable law (including Suspension, Debarment, and Other Responsibility Matters) and related provisions of any financial assistance agreement entered into with the Indiana Finance Authority, nor will the State Revolving Fund Loan Programs, the Indiana Finance Authority or the State of Indiana be responsible for or limited by any SRF Applicant's use of the following provision. Contractor shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Contractor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Contractor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Contractor may access the Excluded Parties List System at www.epls.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility matters." 16 U.S. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term segregated facilities means any waiting rooms, work areas, rest rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or nation origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certification in his files. (%emu ,CB Ali leG 111 8 August 2022 Signa re / k__/ Date Ursula J. Youngblood Contracting & Attesting Officer Name and Title of Signer (Please type) INSITUFORM TECHNOLOGIES USA, LLC. Firm Name NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. OEE-1 (11/79) NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS NONDISCRIMINATION IN EMPLOYMENT (Name of union or organization of workers) The undersigned currently holds contract(s) with City of Carmel Indiana (Name of Applicant) involving funds or credit of the U.S. Government or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that under the provisi ons of the above contract(s) or subcontract(s) and in accordance with Executive Order 11246, as amended, dated September 24, 1965, as amended, the undersigned is obl iged not to discri mi nate agai nst any employee or appl i cant for employment because of race, color, creed, or national origin. This obligation not to discriminatein employment i ncl udes, but i s not I i mited to, the fol Iowi ng: HIRING, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION, RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOYMENT, TRAINING DURING EMPLOYMENT, RATES OF PAY OR OTHER FORMS OF COMPENSATION, SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION. This notice i s furnished you pursuant to the provisions of the above oontract(s) or subcontract(s) and Executive Order 11246, as amended. Copi es of this notice wi I I be posed by the undersigned i n conspicuous places avai I able to employees or appl icants for empl oyment. INSITUFORM TECHNOLOGIES USA, LLC. (Contractor or Subcontractor) 8 Auciust 2022 (Date) OEE-2 (11179) BIBBER'S BBE STATUS FORM \Afterheotice of Award is issued, the Contractor shall fill in and submit the form below specifying the WBE status on the Contractor and all subcontractors. Prime Con actor Name CONTACT PERSO E-MAIL ADDRESS MAILING ADDRESS Phone# DBE/MBE/WBE status (please rovide applicable details) Subcontractor Name CONTACT PERSON E-MAIL ADDRESS MAILING ADDRESS P one# DBE/MBE/WBE status (please provide applicable details) Subcontractor Name CONTACT PERSON E-MAIL ADDRESS MAILING ADDRESS I Phone; DBE/MBE/WBE status (please provide applicable details) Attach additional pages as necessary for all subcontractors. "General Decision Number: IN20220006 07/29/2022 Superseded General Decision Number: IN20210006 State: Indiana Construction Types: Heavy and Highway Counties: Adams, Allen, Bartholomew, Benton, Blackford, Boone, Brown, Carroll, Cass, Clark, Clay, Clinton, Crawford, Daviess, Dearborn, Decatur, DeKalb, Delaware, Dubois, Elkhart, Fayette, Floyd, Fountain, Franklin, Fulton, Gibson, Grant, Greene, Hamilton, Hancock, Harrison, Hendricks, Henry, Howard, Huntington, Jackson, Jasper, Jay, Jefferson, Jennings, Johnson, Knox, Kosciusko, Lagrange, Lawrence, Madison, Marion, Marshall, Martin, Miami, Monroe, Montgomery, Morgan, Newton, Noble, Ohio, Orange, Owen, Parke, Perry, Pike, Posey, Pulaski, Putnam, Randolph, Ripley, Rush, Scott, Shelby, Spencer, Starke, Steuben, Sullivan, Switzerland, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, Wabash, Warren, Warrick, Washington, Wayne, Wells, White and Whitley Counties in Indiana. * EXCEPT LAKE, LAPORTE, PORTER AND ST. JOSEPH COUNTIES HEAVY AND HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered 1. Executive Order 14026 I 1 into on or after January 30, 1 generally applies to the 1 12022, or the contract is I contract. I I renewed or extended (e.g., an 1. The contractor must pay I option is exercised) on or I all covered workers at 1 after January 30, 2022: 1 least $15.00 per hour (or 1 1 1 the applicable wage rate 1 1 1 listed on this wage 1 I I determination, if it is 1 1 I higher) for all hours 1 I 1 spent performing on the I I I contract in 2022. 1 I I I If the contract was awarded on 1. Executive Order 13658 1 l or between January 1, 2015 and I generally applies to the I 1January 29, 2022, and the I contract. I I contract is not renewed or 1. The contractor must pay alll extended on or after January 1 covered workers at least 1 130, 2022: 1 $11.25 per hour (or the I I I applicable wage rate listed I I I on this wage determination, I I I if it is higher) for all I I I hours spent performing on I I I that contract in 2022. 1 1 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/04/2022 2 02/18/2022 3 02/25/2022 4 03/04/2022 5 04/01/2022 6 04/15/2022 7 04/22/2022 8 04/29/2022 9 05/06/2022 10 05/13/2022 11 05/27/2022 12 06/03/2022 13 06/10/2022 14 06/17/2022 is 07/01/2022 16 07/08/2022 17 07/15/2022 18 07/29/2022 ASBE0008-004 03/01/2022 DEARBORN, FAYETTE, FRANKLIN, OHIO, RIPLEY SWITZERLAND AND UNION COUNTIES Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems) ..... $ 32.33 20.19 HAZARDOUS MATERIAL HANDLER (Includes preparation, wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) .............. $ 25.00 13.70 ASBE0017-008 06/01/2022 NEWTON COUNTY: Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR ........................ $ 52.80 32.30 HAZARDOUS MATERIAL HANDLER (INCLUDES PREPARATION, WETTING, STRIPPING REMOVAL SCRAPPING, VACUUMING, BAGGING AND DISPOSAL OF ALL INSULATION MATERIALS, WHETHER THEY CONTAIN ASBESTOS OR NOT, FROM MECHAINCAL SYSTEMS) ......... $ 38.85 24.60 ASBE0018-005 06/01/2021 BROWN, BARTHOLOMEW, BENTON, BOONE, CARROLL, CASS, CLAY, CLINTON, DECATUR, DELAWARE, ELKHART. FOUNTAIN, FULTON, GREENE, HAMILTON, HANCOCK, HENDRICKS, HENRY, HOWARD, JASPER, JOHNSON, KOSCIUSKO, LAGRANGE, MARSHALL, MADISON, MARION, MONROE, MONTGOMERY, MORGAN, OWEN, PARKE, PULASKI, PUTNAM, RUSH, SHELBY, STARKE, TIPPECANOE, TIPTON, VERMILLION, VIGO, WARREN and WHITE Counties Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) .............. $ 33.90 21.38 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ......... $ 23.00 14.40 ASBE0037-004 04/02/2021 DAVIESS, DUBOIS, GIBSON, KNOX, MARTIN, PIKE, POSEY, SPENCER, SULLIVAN, VANDERBURGH AND WARRICK COUNTIES Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all insulating materials protective coverings, coatings an finishes to all types of mechanical systems. Also the application of firestopping, material openings and penetrations in walls, floors, ceilings, curtain walls and all lead abatement.) ... $ 32.00 21.89 HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ......... $ 23.00 14.40 ASBE0041-002 07/01/2021 ADAMS, ALLEN, BLACKFORD, DE KALB, GRANT, HUNTINGTON, JAY, MIAMI, NOBLE, STEUBEN, WABASH, WELLS AND WHITLEY COUNTIES: Rates Fringes ASBESTOS WORKER/HEAT& FROST INSULATOR (includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) .............. $ 30.05 21.49 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vaccuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) .............. $ 23.00 14.40 ASBE0051-003 03/01/2022 CLARK, CRAWFORD. FLOYD, HARRISON, JACKSON, JEFFERSON, JENNINGS, LAWRENCE, ORANGE, PERRY, SCOTT, and WASHINGTON Counties Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) .............. $ 27.10 18.38 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vaccuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) .............. $ 19.80 13.30 ASBE0079-002 07/01/2017 RANDOLPH AND WAYNE COUNTIES Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems) .............. $ 22.25 8.89 HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems)) ............. $ 25.00 13.70 B R I N 0003-00106/01 /2021 INDIANAPOLIS BOONE, HANCOCK, HENDRICKS, JOHNSON, MARION, MONTGOMERY, MORGAN and SHELBY COUNTIES Rates Fringes Bricklayer, Stone Mason, Pointer, Caulking ................ $ 33.59 15.89 TERRAllO FINISHER ................ $ 20.74 11.98 TERRAllO WORKER/SETTER ........... $ 33.36 15.74 Tile & Marble Finisher ........... $ 21.69 11.99 Tile, Marble Setter .............. $ 32.61 15.73 BRIN0004-004 06/01/2021 FORT WAYNE ADAMS, ALLEN, DEKALB, HUNTINGTON, NOBLE, STEUBEN, WELLS AND W H ITLEY COUNTIES: Rates Fringes BRICKLAYER (STONE MASON, MARBLE MASONS, POINTER, CLEANER, AND CAULKER) ............ $ 31.50 18.96 Terrazzo Grinder Finisher ........ $ 28.00 14.84 Terrazzo Worker Mechanic ......... $ 32.37 18.76 Tile Setter & Marble Mason Mechanic ......................... $ 28.00 16.36 Tile, Marble & Terrazzo Finisher ......................... $ 25.00 13.78 BRIN0004-005 06/01/2020 CRAWFORD, DUBOIS, PERRY, POSEY, SPENCER, VANDERBURGH, and WARRICK Counties Rates Fringes BRICKLAYER ....................... $ 30.00 14.71 TILE FINISHER .................... $ 20.31 12.00 TILE SETTER ...................... $ 27.19 13.85 BRIN0004-009 06/01/2021 BARTHOLOMEW, BROWN, DEARBORN, DECATUR, JENNINGS, MONROE, OHIO, OWENS, RIPLEY and SWITZERLAND COUNTIES Rates Fringes Bricklayer, Stonemason ........... $ 30.53 15.95 TERRAllO FINISHER ................ $ 21.69 11.99 TERRAllO WORKER/SETTER ........... $ 33.36 15.74 Tile & Marble Finisher ........... $ 21.69 11.99 Tile, Marble Setter .............. $ 32.61 15.73 BRIN0004-010 06/01/2021 CLARK, FLOYD, and HARRISON Counties Rates Fringes BRICKLAYER BRICKLAYERS, STONEMASONS AND CEMENT MASONS ........... $ 29.57 15.10 BRIN0004-015 06/01/2021 TERRE HAUTE CLAY, DAVIESS, GIBSON, GREENE, KNOX, MARTIN, PARKE, PIKE, PUTNAM, SULLIVAN, VERMILLION and VIGO COUNTIES Rates Fringes BRICKLAYER BRICKLAYERS, STONE MASONS and POINTER/ CLEANER/CAULKER............. $ 33.59 15.97 CEMENT MASON (Greene and Sullivan Counties) .......... $ 27.78 11.02 CEMENT MASON (REMAINING COUNTIES) ................... $ 33.59 15.97 TERRAZO FINISHER ............ $ 20.74 11.98 TERRAZZO WORKER ............. $ 33.36 15.74 TILE LAYER, MARBLE MASON, MOSAIC WORKER ............... $ 32.61 15.73 BRIN0004-016 06/01/2021 MUNCIE BLACKFORD, DELAWARE, FAYETTE, FRANKLIN, HAMILTON, HENRY, JAY, MADISON, RANDOLPH, RUSH, TIPTON, UNION and WAYNE COUNTIES Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner ....... $ 31.75 18.07 TERRAllO FINISHER ................ $ 20.74 11.98 TERRAllO WORKER/SETTER ........... $ 33.36 15.74 Tile & Marble Finisher ........... $ 20.74 11.98 Tile & Marble Setter, Mosaic Worker ........................... $ 32.61 15.73 BRIN0006-001 06/01/2021 JASPER, NEWTON & STARKE COUNTIES Rates Fringes BRICKLAYER (Including Stonemason, and Pointer, Caulker & Cleaner) ............... $ 38.85 27.17 Tile, Marble & Terrazzo Worker ... $ 37.05 21.64 B R I N 0011-00106/01/2021 LAFAYETTE BENTON, CARROLL, CLINTON, FOUNTAIN, TIPPECANOE, WARREN and WHITE COUNTIES Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner ....... $ 30.75 18.97 TERRAllO FINISHER ................ $ 21.69 11.99 TERRAllO WORKER/SETTER ........... $ 33.36 15.74 Tile & Marble Finisher ........... $ 21.69 11.99 Tile & Marble Setter; Mosaic Worker ........................... $ 32.61 15.73 BRIN0018-002 06/01/2021 CASS, ELKHART, FULTON, GRANT, HOWARD, KOSCUISKO, LAGRANGE, MARSHALL, MIAMI, PULASKI, WABASH Rates Fringes Bricklayer, Caulker, Cleaner, Pointer .......................... $ 31.11 18.40 CARP0002-023 04/01/2022 DEARBORN, JACKSON, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes CARPENTER ........................ $ 26.95 26.11 CARP0133-001 04/01/2021 BOONE, CLAY, FOUNTAIN, MONROE, MONTGOMERY, MORGAN, OWEN, PARKE, PUTNAM, VERMILLION AND VIGO COUNTIES Rates Fringes CARPENTER ........................ $ 28.71 23.36 CARP0133-003 04/01/2021 HAMILTON, HANCOCK, HENDRICKS, JOHNSON (Townships of Clark, Camp Atterbury north of Hospital Road, Pleasant, White River), and MARION Counties Rates Fringes CARPENTER ........................ $ 29.82 23.36 ---------------------------------------------------------------- CARP0175-004 04/01/2021 CLARK, FLOYD, HARRISON, JEFFERSON,SCOTT AND WASHINGTON COUNTIES Rates Fringes CARPENTER ........................ $ 25.82 25.59 ---------------------------------------------------------------- CARP0215-002 04/01/2022 BENTON, CARROLL, CLINTON, PULASKI, TIPPECANOE, WARREN AND WHITE COUNTIES Rates Fringes CARPENTER ........................ $ 30.53 23.04 ---------------------------------------------------------------- CA R P02 24-01104/01/ 2021 CRAWFORD, DUBOIS, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH AND WARRICK COUNTIES: Rates Fringes CARPENTER ........................ $ 25.89 25.52 ---------------------------------------------------------------- CARP0224-012 04/01/2021 DAVIESS, GIBSON, GREENE, KNOX, LAWRENCE, MARTIN, ORANGE AND SULLIVAN COUNTIES: Rates Fringes CARPENTER ........................ $ 26.24 25.57 CARP0232-003 04/01/2022 ALLEN, DEKALB, LAGRANGE, NOBLE, STEUBEN and WHITLEY COUNTIES Rates Fringes CARPENTER ........................ $ 29.14 23.87 ---------------------------------------------------------------- CARP0301-001 04/01/2022 BARTHOLOMEW, BROWN,(Camp Atterbury south of Hospital Road), DECATUR, FRANKLIN, JOHNSON (Townships of Blue River, Franklin, Hensley, Needham, Nineveh, Union), RUSH AND SHELBY COUNTIES Rates Fringes CARPENTER ........................ $ 29.26 23.87 ---------------------------------------------------------------- CARP0413-003 04/01/2022 ADAMS, CASS, ELKHART, FULTON, GRANT, HOWARD, HUNTINGTON, KOSCIUSKO, MARSHALL, MIAMI, TIPTON, WABASH AND WELLS COUNTIES: Rates Fringes CARPENTER ........................ $ 29.46 23.70 ---------------------------------------------------------------- CARP0999-001 06/01/2017 JASPER, NEWTON, AND STARKE COUNTIES Rates Fringes CARPENTER ........................ $ 37.56 26.42 ---------------------------------------------------------------- CARP1016-00104/01/2022 BLACKFORD, DELAWARE, FAYETTE, HENRY, JAY, MADISON, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes CARPENTER ........................ $ 29.56 24.01 CARP1076-004 04/01/2016 HAMILTON and MARION Counties, and the following Townships in JOHNSON County: Camp Atterbury (North of Hospital Rd.), Clark, Pleasant, and White River Rates Fringes MILLWRIGHT....................... $ 26.81 19.28 CARP1076-005 06/01/2017 JASPER, NEWTON, PULASKI, and STARKE Counties Rates Fringes MILLWRIGHT ....................... $ 37.66 26.42 CARP1076-006 06/01/2018 BARTHOLOMEW, BLACKFORD, BOONE, BROWN, CLAY, DECATUR, DELAWARE, FAYETTE, FOUNTAIN, FRANKLIN, HAMILTON, HANCOCK, HENDRICKS, HENRY, JAY, JOHNSON, MADISON, MARION, MONROE, MONTGOMERY, MORGAN, OWEN, PARKE, PUTNAM, RANDOLPH, RUSH, SHELBY, UNION, VERMILLION, VIGO, AND WAYNE COUNTIES Rates Fringes MILLWRIGHT....................... $ 28.18 22.39 CARP1080-001 04/01/2021 GIBSON, GREENE, POSEY, SULLIVAN, VANDERBURGH and WARRICK COUNTIES Rates Fringes MILLWRIGHT ZONE 1 POSEY, VANDERBURGH and WARRICK COUNTIES ........... $ 30.92 24.83 ZONE GIBSON, GREENE AND SULLIVAN COUNTIES .......... $ 29.64 25.77 ELEC0016-003 04/01/2022 CRAWFORD, DAVIESS, DUBOIS, GIBSON, LAWRENCE, MARTIN, ORANGE, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH, WARRICK Rates Fringes ELECTRICIAN ...................... $ 40.88 18.62 ELEC0016-006 08/31/2020 CRAWFORD, DAVIESS, DUBOIS, GIBSON, LAWRENCE, MARTIN, ORANGE, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH, WARRICK Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 29.15 15.40 ELEC0071-006 01/02/2019 DEARBORN, OHIO, and SWTIZERLAND COUNTIES Rates Fringes -- Line Construction: Equipment Operator .......... $ 33.62 13.46 Groundman................... $ 24.17 11.38 Lineman & Cable Splicers .... $ 38.27 14.48 ELEC0153-003 06/01/2021 ELKHART, KOSCIUSKO and MARSHALL COUNTIES Rates Fringes Communication Technician ......... $ 26.50 18.33 ELECTRICIAN ...................... $ 36.50 25.98 Includes the installation, operation, inspection, modification, maintenance and repair of systems used for the transmission and reception of signals of any nature, for any purpose, including but not limited to , sound and voice transmission/transference systems, communication systems that transmit or receive information and /or control systems, television and video systems, micre-processor controlled fire alarm systems, and security systems and the performance of any task directly related to such installation or service. The scope of work shall exclude the installation of electrical power wiring and the installation of conduit raceways exceeding fifteen (15) feet in length. ELECO212-002 11/30/2021 DEARBORN, OHIO, and SWITZERLAND COUNTIES Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 25.95 12.27 ELECO212-009 06/07/2022 DEARBORN, OHIO, and SWITZERLAND COUNTIES Rates Fringes ELECTRICIAN ...................... $ 33.29 20.05 ELEC0305-003 05/01/2022 ADAMS, ALLEN, DE KALB, HUNTINGTON, LAGRANGE, NOBLE, STEUBEN, WELLS, and WHITLEY COUNTIES Rates Fringes ELECTRICIAN ...................... $ 35.71 10.14+26.14% ELEC0305-004 08/31/2020 ADAMS, ALLEN, DE KALB, HUNTINGTON, LAGRANGE, NOBLE, STEUBEN, WELLS, and WHITLEY COUNTIES Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 29.25 16.85 ELEC0369-005 05/31/2021 CLARK, FLOYD, HARRISON, JACKSON, JEFFERSON, SCOTT, and WASHINGTON Counties Rates Fringes ELECTRICIAN ...................... $ 33.85 18.72 ELEC0481-003 03/31/2022 BARTHOLOMEW, BOONE, DECATUR, HAMILTON, HANCOCK, HENDRICKS, JENNINGS, JOHNSON, MADISON, MARION, MONTGOMERY, MORGAN, PUTNAM, RIPLEY, RUSH AND SHELBY COUNTIES Rates Fringes ELECTRICIAN ...................... $ 38.20 25.56 ELEC0481-004 01/01/2021 BARTHOLOMEW, BOONE, DECATUR, HAMILTON, HANCOCK, HENDRICKS, JENNINGS, JOHNSON, MADISON, MARION, MONTGOMERY, MORGAN, PUTNAM, RIPLEY, RUSH AND SHELBY COUNTIES Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 30.64 17.22 ELEC0531-002 05/31/2021 JASPER, PULASKI, and STARKE COUNTIES Rates Fringes ELECTRICIAN ...................... $ 41.50 28.26 ELEC0531-003 05/28/2018 JASPER, PULASKI, and STARKE COUNTIES Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 27.64 13.23 ELEC0538-005 01/01/2022 FOUNTAIN, VERMILLION, and WARREN Counties Rates Fringes ELECTRICIAN ...................... $ 37.80 22.66 ------------------------------ ---------------------------------- ELEC0538-009 09/01/2018 FOUNTAIN, VERMILLION, and WARREN Counties Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 32.82 16.28 ---------------------------------------------------------------- ELEC0668-001 06/01/2019 BENTON, CARROLL, CASS, FULTON, TIPPECANOE and WHITE COUNTIES Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 28.90 14.53 .................. ----........... ------------------------------- ELEC0668-002 01/01/2022 BENTON, CARROLL, CASS, FULTON, TIPPECANOE and WHITE COUNTIES Rates Fringes ELECTRICIAN ...................... $ 36.17 21.40 FOOTNOTE: a. PAID HOLIDAYS: New Years Day, Memorial Day, July 4th, Labor Day, Veterans Day Thanksgiving Day and Christmas Day ELEC0697-003 08/31/2021 NEWTON COUNTY Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 35.75 28.77 ELEC0697-006 06/01/2022 NEWTON COUNTY Rates Fringes ELECTRICIAN ...................... $ 45.25 30.13 ELEC0702-003 12/30/2019 DUBOIS, GIBSON, PERRY, PIKE, POSEY, SPENCER AND VANDERBURGH COUNTIES Rates Fringes Line Construction: GROUNDMAN, Class A .......... $ 28.58 29%+ 7.75 GROUNDMAN-EQUIPMENT OPERATOR (All other equipment) .................. $ 36.35 29%+ 7.75 HEAVY -EQUIPMENT OPERATOR (All crawler type equipment D-4 and larger) ... $ 41.49 29%+7.75 LINEMAN .....................$50.63 29%+7.75 ELEC0725-007 06/01/2021 BROWN, CLAY, GREENE, KNOX, MONROE, OWEN, PARKE, SULLIVAN AND VIGO COUNTIES Rates Fringes Communication Technician ......... $ 29.56 15.96 Includes the installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound and vision production and reproduction apparatus, equipment and appliances used for domestic, commercial, education, entertainment and private telephone systems. ELEC0725-014 10/01/2021 BROWN, CLAY, GREENE, KNOX, MONROW, OWEN, PARKE, SULLIVAN AND VIGO COUNTIES Rates Fringes ELECTRICIAN ...................... $ 39.00 21.01 ---------------------------------------------------------------- ELEC0855-002 06/01/2018 BLACKFORD, DELAWARE, FAYETTE, FRANKLIN, HENRY, JAY, RANDOLPH, UNION and WAYNE Counties Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 27.64 14.15 ---------------------------------------------------------------- ELEC0855-004 06/01/2021 BLACKFORD, DELAWARE, FAYETTE, FRANKLIN, HENRY, JAY, RANDOLPH, UNION and WAYNE Counties Rates Fringes ELECTRICIAN ...................... $ 33.57 19.03 ---------------------------------------------------------------- ELEC0873-001 06/01/2021 CLINTON, GRANT, HOWARD, MIAMI, TIPTON, AND WABASH COUNTIES Rates Fringes ELECTRICIAN (Communication Technician Only) ................. $ 30.08 17.23 ---------------------------------------------------------------- ELEC0873-002 03/01/2022 CLINTON, GRANT, HOWARD, MIAMI, TIPTON AND WABASH COUNTIES: Rates Fringes ELECTRICIAN ...................... $ 36.59 20.12 ------------------------------------------------------------ ELEC1393-001 12/02/2020 REMAINING COUNTIES Rates Line Construction: EQUIPMENT OPERATOR 1: Diggers, 5th wheel type trucks, crawler type, D-4 and smaller, bucket trucks and live boom type line trucks ...................... $ 32.91 EQUIPMENT OPERATOR 3 (Backhoes over 1/2 yard bucket capacity, cranes rated at 15 ton or more Fringes 29%+6.75 capacity) 95%J.L. rate ..... $ 39.19 29%+6.75 GROUNDMAN TRUCK DRIVER ...... $ 26.14 29%+6.75 GROUNDMAN................... $ 25.04 29%+6.75 LINEMAN ..................... $ 41.61 29%+6.75 ENG10103-003 04/01/2021 f I CAI [0 7I t! [ellJ � 17 4:T�1:ii111 � 17_1 i! RII� I I i I t'[�lil N;� I ills- i [iI ADAMS, ALLEN, BENTON, BLACKFORD, CARROLL, CASS, CLINTON, DEKALB, DELAWARE, FAYETTE, GRANT, HAMILTON, HANCOCK, HENRY, HOWARD, HUNTINGTON, JAY, JOHNSON, MADISON, MARION, MIAMI, RANDOLPH, RUSH, SHELBY, STEUBEN, TIPPECANOE, TIPTON, UNION, WABASH, WAYNE, WELLS, WHITE AND WHITLEY COUNTIES Rates Fringes Power equipment operators: GROUP 1 ..................... $ 37.75 20.21 GROUP 2 ..................... $ 36.03 20.21 GROUP 3 ..................... $ 35.11 20.21 GROUP 4 ..................... $ 33.61 20.21 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air compressors in manifold with throttle valve; Asphalt plant engineer; Auto grade or similar type machine; Auto patrol; Backhoe or farm -type tractor, 45 hp and over; Ballast regulator (RR); Bituminous mixer; Bituminous paver; Bituminous plant engineer; Bulldozer; Caisson drilling machine; Cherry picker, 15 ton or over; Chip spreader; Concrete mixer 21 cu. ft. or over; Core drilling machine; Crane or derrick with any attachment (including clamshell, dragline, shovel, backhoe, etc.); Dredge engineer; Dredge operator; Drilling machine on which the drill is an integral part; Earth mover, rubber -tired (paddle wheel, 616, 631, TS-24 or similar type); Earth mover, rubber -tired, tandem ($0.50 per hour additional for each bowl); Elevating grader; Fork lift, 10 ton or over; P.C.C. formless paver post driver; Highlift shovel, 1 1/2 cu. yd. or over; Hoist, 2 drums and over; Helicopter, crew; Hydraulic boom truck; keystone, skimmer scoop; Loader, self-propelled (belt, chain, wheel); Locomotive operator, Mechanic; Mucking machine; Panel board concrete plant, central mix type; Paver, Hetherington; Pile driver, skid or crawler; Road paving mixer; Rock breaking plant; Rock crushing plant, portable; Roller (asphalt, waterbound macadam, bituminous macadam, brick surface); Roller with dozer blade; Root rake, tractor -mounted; Self-propelled widener; Stump remover, tractor -mounted; Surface heater and planer; Tandem push tractor ($0.50 per hour additional); Tractor, boom; Winch or hoe head; Tractor, push; Tractor with scoop; Tractor -mounted spreader; Tree mover; Trench machine, over 24""; Tug boat operator; Well drilling machine; Winch truck with A -frame GROUP 2: Air compressor with throttle valve or clever brooks -type combination; Backfiller; Backhoe on farm -type tractor, under 45 hp; Bull float; Cherry picker under 15 ton; Chip spreader, self-propelled; Concrete pump; Concrete mesh depressor, independently operated; Concrete spreader, power -driven; End loader under 1 1/2 cu. yd.; Excavating loader, portable; Finishing machine and bull float; Gunite machine; Head greaser; Mesh or steel placer; Multiple tamping machine (RR); P.C.C. concrete belt placer; Pull grader, power control; Refrigerating machine, freezing operation; Ross carrier; Sheepfoot roller (self-propelled); Tamper (multiple vibrating, asphalt, waterbound macadam, bituminous macadam, brick surface); Trench machine, 24"" and under; Tube float; Welder GROUP 3: Assistant plant engineer; Base paver (Jersey or similar type machine); Concrete finishing machine; Concrete mixer, less than 21 cu. ft.; Curb machine; Farm tractor, including farm tractor with all attachments except backhoe and including high lift end loaders of 1 cu. yd. capacity or less; Fire tender on boiler; Hoist, 1 drum; Operator, 5 pieces of minor equipment; Paving breaker; Power broom, self-propelled; Roller, earth and sub -base material; Slurry seal machine; Spike machine (RR); Tamper (multiple vibrating, earth and sub -base material); Throttle valve and fire tender combination on horizontal or upright boiler; Tractaire with drill; Tractor, 50 h.p. or over; Well point system; Widener, APSCO or similar type GROUP 4: Air compressor; Assistant to engineer, oiler; Automatic dry batch plant; Bituminous distributor; Bituminous patching tamper; Belt spreader; Broom and belt machine; Chair cart, self-propelled; Coleman -type screen; Conveyor, portable; Digger post hole, power -driven; Fork lift, under 10 ton; Form grader; Form tamper, motor -driven; Generator; Hetherington driver; Hydra seeder; Operator, 1 through 4 pieces of minor equipment; Outboard or inboard motorboat; Power curing spraying machine; Power saw, concrete, power -driven; Pug mill; Pull broom, power -type; Seaman tiller; Straw blower or brush mulcher; Striping machine paint, motor -driven; Sub grader; Tractaire, tractor, below 50 h.p.; Truck crane oiler, driver; Spreader; Water pump; Welding machine, 2 of 300 amps or over ENG10150-009 04/01/2021 HEAVY, HIGHWAY AND RAILROAD CONSTRUCTION ELKHART, FULTON, JASPER, KOSCIUSKO, LAGRANGE, MARSHALL, NEWTON, NOBLE, PULASKI, and STARKE COUNTIES Rates Fringes POWER EQUIPMENT OPERATOR GROUP 1..................... $ 31.85 30.85 GROUP 2..................... $ 30.25 30.85 GROUP 3..................... $ 28.95 30.85 GROUP 4..................... $ 27.55 30.85 GROUPS ..................... $ 24.30 30.85 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air compressors in manifold with throttle valve; Asphalt plant engineer; Auto grade or similar type machine; Auto patrol; Automatic Sub -Grade; Backhoe or farm type tractor, 45 hp and over; Ballast regulator (RR); Barrier Wall Machine; Batch Plants (Concrete & Asphalt); B ituminous mixer; Bituminous paver; Bituminous plant engineer; Boring Machine; Bulldozer; Caisson drilling machine; Cherry picker, 15 ton or over; Chip spreader; Concrete mixer, 21 cu. ft, or over; Concrete Belt Placer; Concrete Paver; Concrete Pump (Truck Mounted); Concrete Saw (track mounted); Concrete Spreader (power driven); Core drilling machine; Crane or derrick with any attachment (including clamshell, dragline, shovel, backhoe, etc.); Curb Machine; Gutter Machine; Dredge engineer; Dredge operator; Drilling machine on which the drill is an integral part; Earthmover, rubber -tired (paddle wheel, 616, 631, TS-24 or similar type); Earthmover, rubber -tired, tandem (.50 per hr. additional for each bowl); Elevating Grader; Forklift (10 ton or over); P.C.C. Formless Paver; Gradall; Gravel Processing Plant (portable); Operator of Guard Rail Post Driver; Highlift Shovel 1-1/2 cu.yd, or over) Frame; Hoist (2 drum & over); Helicopter crew; Hydraulic boom truck; Hydraulic Excavator; Loaded -Self propelled (belt chain wheel); Laser Screed; Locomotive operator; Mechanic; Mucking machine; P.C.C. Concrete Belt Placer; Panel board concrete plant (central mix type); Paver (Hetherington); Pavement Breaker; Pile driver, skid or crawler; Road paving mixer; Rock breaking plant; Rock crushing plant (portable); Roller (asphalt, waterbound macadam, bituminous macadam, brick surface); Roller with dozer blade; Road Widener; Root rake (tractor -mounted); Roto Mill Grinder; Self-propelled widener, Stump remover; Surface heater and planer; Tandem push tractor ($0.50 per hour additional); Tractor, boom; Winch or hoe head; Tractor (push); Tractor with scoop; Tractor -mounted spreader; Tree mover; Trench machine, over 24""; Tug boat operator; Well drilling machine; Widener (Apsco or similar type); Winch truck with A -frame GROUP 2: Air compressor with throttle valve or Clever Brooks type combination; Backfiller; Farm type tractor (under 45 H.P.); Cherry picker under 15 ton; Chip spreader (self-propelled); Concrete pump (trailer type); Concrete mesh depressor, independently operated; End loader under 1 1/2 cu. yd.; Excavating loader (portable); Finishing machine and bull float; Gunite machine; Hydraulic Power unit; Head greaser; Mesh or steel placer; Multiple tamping backhoe on machine (RR); Bull float (bidwell Machine); Refrigerating machine -operation; Ross Carrier; Sheepfoot roller (self-propelled); Tamper -Multiple Vibrating (Asphalt, Waterbound, Macadam, Bituminous Macadam, Brick Surface); Trench machine (24"" and under); Tube float; Water Pull/Wagon; Welder GROUP 3: Plant engineer; Base paver (Jersey or similar type machine); Concrete finishing machine; Concrete mixer, less than 21 cu. ft.; Curb machine; Farm tractor, including farm tractor with all attachments except backhoe and including high lift end loaders of 1 cu. yd. capacity or less; Fireman, on boiler; Hoist, 1 drum; Operator, 3-5 pieces of minor equipment; Paving breaker; Power broom, self-propelled; Roller, earth and sub -base material; Power Saw -Concrete (Power Driven); Slurry seal machine; Spike machine (RR); Sub -surface Material Distributor; Tamper (multiple vibrating, earth and sub -base material); Throttle valve; Throttle Valve and fireman combination on horizontal or upright boiler; Tractaire with drill; Well Point GROUP 4: Air compressor; Assistant to engineer, oiler; Bituminous patching tamper; Belt spreader; Broom and belt machine; Chair cart, self-propelled; Coleman -type screen; Conveyor, portable; Deck -hand Digger post hole, power -driven; Forklift, under 10 ton; Form grader; Form tamper, motor -driven; Generator; Hetherington driver; Hydra seeder; Mechanic heater; Operator, 2 pieces of minor equipment; Outboard or inboard motor boat; Power curing spraying machine; Pug mill; Pull broom, power type; Seaman tiller, Skid steer loader over 3/4 cu. yd.; Straw blower or brush mulcher; Striping machine paint, motor -driven; Sub -grader; Tractaire; Tractor, below 50 h.p.; Truck crane oiler; Spreader, Water pump GROUP 5: Skid steer loader under 3/4 cu. yds ENG10150-039 06/01/2021 UNDERGROUND & UTILITY CONSTRUCTION: JASPER, NEWTON, PULASKI AND STARKE COUNTIES: Rates Fringes POWER EQUIPMENT OPERATOR GROUP 1..................... $ 42.00 39.68 GROUP 2..................... $ 41.20 39.68 GROUP 3..................... $ 36.90 39.68 GROUP 4..................... $ 34.70 39.68 GROUPS ..................... $ 29.25 39.68 POWER EQUITMENT OPERATOR CLASSIFICATIONS GROUP 1: Asphalt plants (construction), Asphalt plant (permanent), Auto Patrol (Maintainer), Automatic Dry Batch Plant, Automated Concrete Placer, Automated Sub -Grader, Automated Slip Form Paver, Automated Finish Machine, Combination Backhoe Front, End Loader Machine (1/2 cu. yd.), Backhoe bucket or over or with attachments), Combination backhoe 1 cu yd, Backhoe bucket or over or with attachments, Ballast Regulator (RR), Belt Loader (stationary), Boring Machine (road), Bulldozer, Concrete Mixer(27 cu. ft. or over), Concrete Pump (truck mounted), Concrete Breaker (truck mounted and self-propelled), Core Drilling Machine, Cranes and Backhoes (all attachments), Cranes, Hammerhead, Creter Crane, Crushers (concrete, rock, recycling, etc.), Derricks, Derricks (traveling), Dredge Operator, Formless Curb and Gutter Machine (36 inches and over), Formless Curb and Gutter Machine under 36 inches, Gradall and Machines (of a like nature), Guardrail Post Driver (truck mounted), Lead Greaser, Helicopter, Highlift Shovel (3 yd. and over), Hoist (1 drum), Hoist (2, and 3 drums), Hydraulic Power Units (grouting, piledriving and extracting) Hydro orwater blaster (self-propelled), Locomotive Operators, Mechanic, Welder, Mucking Machine, Panelboard Concrete Plant (central mix type), Paver (Hetherington), Pile Driver (Skid or Crawler), Road Paving Mixer, Rock Drill Crawler or Skid Rig, Rock Drill (truck Mounted), Ross Carrier, Roto Mill Grinder (36"" and over), Roto mill grinder (less than 36""), Throttle Valve and Compressor or Clever Brooks Type Combination, Throttle Valve and Fireman Combination or Horizontal or Upright Boiler, Tournapull or similar type equipment, Tractor (boom), Tractor Drawn Belt Loader with attached Pusher (requires two engineers), Trench Machine, Tug Boat Operator, Wheel Excavator, Winch Tractor with ""a"" frame, Scoops, Turnapull or similar types machine used in Tandem (add $1.00 to class I hourly rate for each machine attached there to). GROUP 2: Combination Backhoe Front End Loader Machine with less than 1/2 cu. yd., Backhoe Bucket or with attachments, Bituminous Mixer, Bituminous Paver, Bridge Deck Finisher, Concrete Mixer (less than 27 cu. ft.), Compressor and throttle valve, Compressor (common receiver 3), Greaser, Highlift Shovels (under 3 cu. yds.), Jersey Spreader or Base Paver, Pavement Bump Grinder (self-propelled), Roller (Asphalt, waterbound, Macadam, Bituminous Macadam, Brick Surface, Sheepfoot Roller (self- propelled with blade), Surface Heater and Planer, Tamper (mutiple vibrating, asphalt waterbound macadam, bituminouus macadam, brick surface), Tractor (push), Tractor with scoop, Widener, Apsco or similar type. GROUP 3: Back Filler, Bituminous Distributor, Broom and Belt Machine, Bull Float, Compressor (common receiver 2), Concrete cutter wheel type (rockwell), Concrete Finishing Machine, Concrete Spreader (power driven), Digger, Post Hole (power driven), Finishing Machine and Bull Float, Forklift, Form Grader, Form Tamper (motor driven), Hydraulic (boom truck) when used for hauling materials, Laser screed, Mutiple Tamping Machine, Paving Breaker, Roller (earth and subbase material), Roller sheepfoot (self-propelled), Sub -grader, Tamper, Mutipile Vibrating (earth and subbase material), Tractaire with Drill, Tractor (with all drawn attachements except backhoe and including Highlift, Endloader of 1 cu. yd. capacity and less. GROUP 4: Air Compressors, Conveyor (all), Fireman on Boiler, Generator, Grout Machine, Power curing Spraying Machine (self-propelled), Broom (self-propelled), Seaman Tiller, Skid steer loaders, Spike Machine (RR), Stripping Machine (paint, self-propelled), Throttle Valve, Welding Machine, Well Points System. GROUP 5: Deck Hand, Hetherington Driver, Mechanical Heater (1 to 5), Outboard or Inboard Motor Boat, Oiler, Power Saw (Concrete Power Driven), Water Pump, Grasscutter. ENG10181-014 04/O1/2022 HEAVY AND HIGHWAY CONSTRUCTION: BARTHOLOMEW, BROWN, CLARK, CRAWFORD, DEARBORN, DECATUR, DUBOIS, FLOYD, FRANKLIN, GIBSON, HARRISON, JACKSON, JEFFERSON, JENNINGS, LAWRENCE, MARTIN, OHIO, ORANGE, PERRY, PIKE, POSEY, RIPLEY, SCOTT, SPENCER, SWITZERLAND, VANDERBURGH, WARRICK, and WASHINGTON COUNTIES Rates Fringes Power equipment operators: GROUP A ..................... $ 39.50 18.56 GROUP B..................... $ 36.85 18.56 GROUP C..................... $ 34.72 18.56 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP A: Air compressor in manifold with throttle valve; Asphalt plant engineer; Auto grade or similar type machine; Bituminous mixer; Bituminous paver; Bituminous plant engineer; Bulldozer; Caisson drilling machine; Cherry picker, all; Ballast regulator (RR); Chip spreader, self-propelled; Cold grinder or similar type equipment; Concrete mixer, 21 cu. ft. or over; Concrete pump, truck -mounted; Core drilling machine; Crane or derrick with any attachment (including clamshell, dragline, shovel, backhoe, etc.); Dredge operator; Drilling machine on which the drill is an integral part; Earth mover, rubber -tired, tandem 0.50 per hour additional; Elevating grader; Endloader, Hi- lift shovel; P.C.C. formless paver; Gradall; Gravel processing plant, portable; Guardrail post driver operator; Head greaser; Hi -lift shovel, endloader; Hoist (2 drums and over); Helicopter crew; Hydraulic boom truck, Keystone, Skimmer Scoop; Loader, self-propelled (belt, chain wheel); Locomotive operator; Mechanic; Mucking machine; Multi -bank drill operator; Panel board concrete plant, central mix type; Paver, Hetherington; Pile driver, skid or crawler; Road paving mixer; Rock breaking plant; Rock crushing plant, portable; Roller (asphalt, waterbound, macadam, bituminous macadam, brick surface); Roller, with dozer blade; Root rake, tractor -mounted; Stump remover, tractor- mounted; Surface heater and planer; Tandem push tractor, $0.50 per hour additional; Tractor, boom winch or hoe head; Tractor, push; Tractor with scoop; Tractor -mounted spreader; Tree mover; Trench machine, over 24""; Tug boat operator; Welder; Well drilling machine; Self-propelled widener. GROUP B: Air compressor with throttle valve or clever brooks -type combination; Backfiller, base paver, Jersey or similar type machine; Bull float; Concrete finishing machine; Concrete mesh depressor, independently operated; Concrete spreader, power- driven; Dredge engineer; Excavator loader, portable; Fire tender on boiler; Forklift, regardless of ton; Hoists, 1 drum; Mesh or steel placer; Minor equipment operator, 5 pieces; Multiple tamping machine (RR); P.C.C. concrete placer, Paving breaker; Power broom, self-propelled; Pull grader, power -controlled; Refrigerating machine, freezing operation; Roller, earth and sub- base material; Ross carrier (Straddle buggy); Sheepfoot roller, self-propelled without blade; Tamper, multiple\vibrating (asphalt, waterbound macadam, bituminous macadam, brick surface); Tamper, multiple vibrating (earth and sub -base material); Trench machine, 24"" and under; Tube float; Well point system; Widener, Apsco or similar type; Winch truck with A -frame. GROUP C: Air compressor, oiler; Automatic dry batch plant; Bituminous distributor; Bituminous patching tamper; Belt spreader; Broom and belt machine; Brush burner; Chair cart, self- propelled; Coleman -type screen; Cold grinder oiler; Concrete mixer, less than 21 cu. ft.; Conveyor, portable; Curb machine; Deckhand; Digger (post hole, power -driven); Farm tractor, including farm tractor with all attachments (except backhoe, Hi- lift endloaders); Form grader; Form tamper, motor -driven; Generator; Gunite machine; Hetherington driver; Hydra seeder; Mechanical heater; Minor equipment operator, 1 through 4 pieces; Curing spraying machine; Power saw, concrete (power -driven); Pug mill pull broom, power type; Seaman tiller; Slurry seal machine; Spike machine; Straw blower or brush mulcher, Stripping machine (paint, motor -driven); Sub grader; Throttle valve; Tractaire with drill; Truck crane and multi -drill oiler, driver, Spreader; Water pump. ENG10181-015 04/O1/2022 SEWER WATERLINE & UTILITY CONSTRUCTION: BARTHOLOMEW, BROWN, CLARK, CRAWFORD, DEARBORN, DECATUR, DUBOIS, FLOYD, FRANKLIN, GIBSON, HARRISON, JACKSON, JEFFERSON, JENNINGS, LAWRENCE, MARTIN, OHIO, ORANGE, PERRY, PIKE, POSEY, RIPLEY, SCOTT, SPENCER, SWITZERLAND, VANDERBURGH, WARRICK, and WASHINGTON COUNTIES Rates Fringes Power equipment operators: GROUP A ..................... $ 39.50 19.28 GROUP B..................... $ 36.85 19.28 SEWER WATERLINE & UTILITY CONSTRUCTION GROUP A: A -frame winch truck; Air compressor 900 cu. ft. and over; Air tugger; Autograde (CMI); Auto patrol; Backhoe; Ballast regulator (RR); Batch plant (electrical control concrete); Bending machine (pipe); Bituminous plant (engineer); Bituminous plant; Bituminous mixer travel plant; Bituminous paver; Bituminous roller; Buck hoist; Bulldozer; Cableway; Chicago boom; Clamshell; Concrete mixer, 21 cu. ft. or over; Concrete paver, concrete pump, crete; Crane; Craneman; Crusher plant; Derrick; Derrick boat; Dinky; Dope pots (pipeline); Dragline; Dredge operator; Dredge engineer; Drill operator; Elevator grader; Elevator; Ford hoe, or similar type equipment; Forklift; Formless paver; Gantry crane; Gradall; Grademan; Hopto; Hough loader or similar type; Hydro crane; Motor crane; Mucking machine; Multiple tamping machine (RR); Overhead crane; Pile driver; Pulls; Push dozer; Push boats; Roller (sheep foot); Ross Carrier; Scoop; Shovel; Side boom; Swing crane; Trench machine; Welder (heavy duty; Truck -mounted concrete pump; Truck -mounted drill; Well point; Whirleys. GROUP B: Air compressor, up to 900 cu. ft.; Brakeman; Bull float; Concrete mixer, over 10S and under 21S; Concrete spreader or puddler; Deck engine; Electric vibrator compactor (earth or rock); Finishing machine; Fireman; Greaser, on grease facilities servicing heavy equipment; Material pump; Motor boats; Portable loader; Post hole digger; Power broom; Rock roller; Roller, wobble wheel (earth and rock); Spike machine (RR); Seaman tiller; Spreader rock; Sub grader; Tamping machine; Welding machine; Widener, Apsco or similar type: Bituminous distributor; Cement gun; Concrete saw; Conveyor; Deckhand oiler; Earth roller; Form grader; Generator; Guard rail driver; Heater; JLG lifts; Oiler; Paving joint machine; Power traffic signal; Scissor lift; Steam Jennyu; Truck crane oiler; Vibrator; Water pump. ENG10841-011 04/01/2020 HEAVY, HIGHWAY AND UTILITY CONSTRUCTION BOONE, CLAY, DAVIESS, FOUNTAIN, GREENE, HENDRICKS, KNOX, MONROE, MONTGOMERY, MORGAN OWEN, PARKE, PUTNAM, SULLIVAN, VERMILLIAN, VIGO, and WARREN COUNTIES Rates Fringes Power equipment operators: GROUP 1..................... $ 33.75 23.00+a GROUP 2..................... $ 27.50 23.00+a POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air Compressor Over 600 CU FT, Air Compressors (2), Compressors hooked in Manifold, Asphalt Plant Engineer, Auto Grade and/or C.M.I. or similar type Machine, Auto Patrol, Motor Patrol, Power Blade, Aspco Paver, Asphalt Planer, Asphalt Rollers, Asphalt Paver Operator, Concrete or Asphalt Milling Machine, Self Propelled Widener, Backhoe and/or Pavement Breaker Attachment, Self Propelled Pavement Breaker, Ballast Regulator (R.R), Bituminous Mixer, Bituminous Paver, Bituminous Plant Engineer, Bulk Cement Plant Engineer, Bulldozer, One Drum Hoist with Tower or Boom, Cableways, Tower Machines, Back Filler, Boom Tractor, Boom or Winch Truck, Winch or Hydraulic Boom Truck, Boring Machine, Bolier Operator, Brush Mulcher, Bull Float, Finishing Machine, Power Cranes, Overhead Cranes, Truck cranes, Piledriver, Skid or Crawler, Guard Rail Post Driver, Tower Cranes, Hydro Crane, Cherry Picker, Draglines, Derricks, Shovels, Clam, Gradalls, Two Drum Machine, Concrete or Asphalt Curb Machine, Self Propelled, Concrete Mixers with Skid, Tournamixer, Concrete Pump (Truck or Skid Mounted), Concrete Plant Engineer, Soil Cement Machine, Formless Paver, Concrete Spreader, Span Saw (and similar types), Chip Spreader, Mesh Placer, Dredging Equipment or Dredge Engineer or Dredge Operator, Tug Boat Operator, Marine Scoops, Ditching Machine with Dual Attachment, Standard or Dinkey Locomotives, Drilling Machine, including Well Testing, Caissons, Shaft or any similar type Drilling Machine (Well Point Systems), 4 Point Life System (Power Lift or similar type), Mud Cat, Mucking Machine, Sull-Air, Mechanics, Welder, Head Equipment Greaser, Tournapull, Tractor Operating Scoops, Push Tractors, Large Rollers on Earth, Loaders (Track or Rubber Mounted), or similar type Machine, Lull, Tournadozer, Scoopmobiles, Elevating Machines, Power Broom (Self Propelled), Power Sub Grader, Hydra Ax, Farm Tractor with Attachments, Soil Stabilizer (Seaman Tiller, Bo mag, Rago Gator and similar types of equipment), Tree Mover, Stump Remover, Root Rake, Hydra Seeder, Straw Blower, Refrigerating Machine, Freezing Operator, Chair Cart -Self Propelled, Helicopter Crew (3), Ross Carrier or Straddle Buggy or similar Machine, Rock Crusher Plant, Gravel Processing Machine, Pipe Cleaning Machine, Pipe Wrapping Machine, Pipe Bending Machine, Pug Mill, Concrete Bump Grinder Machine, Power Curing Spray Machine, Forklift (except when used for landscaping), Snooper Truck Operator. GROUP 2: Air Compressor 600 cu. ft. and under, Air Tugger, Air Valves, Assistant Concrete Plant Engineer, Assistant Asphalt Plant Engineer, Asphalt Plant Fireman, Bulk Cement Plant Equipment Greaser, Concrete Mixers without Skips, Curbing Machine, Concrete Saw (Self Propelled), Conveyors,Cement Blimps, Ditching Machine under 6"", Distributor Operator On trucks, Deck Hands, Elevators when used for hoisting material, Engine Tenders, Fork Lift (when used for landscaping), Farm Tractor, Fireman, Fireman on Paint or Dope Pots, Form Tamper, Form Grader, Flex Plane, Generators (two to four), or Welding Machines or Water Pumps, within 400 feet, Gunite Machine, Machine Mounted Post Hole Digger, Mude Jack, One Drum Machines without Tower or Boom, One Water Pump, One Welding Machine, Outboard or Inboard Motor Boat, Pull Broom (Power Type, Siphons and Pulsometer, Switchman, Striping and or Painting Machine (motor driven), Slurry Seal Machine, Track lack, Temporary Heat, Throttle Valve, Tube Float, Tractaire, Wagon Drill, Multiple Tamping Machine (R.R.), Spike Machine (R.R.), Mechanical Heaters, Brush Burner, Vacuum Truck (Super Sucker and similar types). FOOTNOTES: A. Employees operating booms from 149Ft. to 199 Ft. including jib, shall receceive an additional seventy-five Cents (.75) per hour above the rate. Employees operating booms over 199 Ft. including jib, shall receive an additional one dollar and twenty- five cents ($1.25) per hour above the regular rate. B. Employees operating scoops, pulls, or tractors hooked in tandem shall receive an additional one dollar ($1.00) per hour above the regular rate. C. Employees operating scoops, pulls, or tractors pulling any other hauling unit in tandem shall receive an additional one dollar ($1.00) per hour above the regular rate. D. Underground work -Employees working in tunnels, shafts, etc. shall be paid a thirty percent (30%) premium above the wage rate. I R 0 N 0022-00106/01/2021 BARTHOLOMEW, BENTON, BOONE, BROWN, CARROLL, CASS, CLAY, CLINTON, DAVIESS (REMAINDER OF COUNTY), DECATUR (W 3/4), DELAWARE (REMAINDER OF COUNTY), FAYETTE (W 1/3), FOUNTAIN,FRANKLIN (NW TIP), FULTON (REMAINDER OF COUNTY), GRANT (REMAINDER OF COUNTY), GREENE, HAMILTON, HANCOCK, HENDRICKS, HENRY, HOWARD, JACKSON, JASPER (SOUTHEASTERN 1/2), JENNINGS (NORTHWEST 2/3), JOHNSON, KNOX (REMAINDER OF COUNTY), LAWRENCE, MADISON, MARION, MARTIN (NW 2/3), MIAMI (REMAINDER OF COUNTY), MONROE, MONTGOMERY, MORGAN, NEWTON (SOUTHERN 1/2), OWEN, PARKE, PULASKI (REMAINDER OF COUNTY), PUTNAM, RANDOLPH (SW TIP), RUSH (REMAINDER OF COUNTY), SHELBY, SULLIVAN, TIPPECANOE, TIPTON, VERMILLION, VIGO, WAYNE, WARREN AND WHITE COUNTIES: Rates Fringes IRONWORKER ....................... $ 33.90 24.70 The following holidays shall be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after Thanksgiving and Christmas Day. Any holiday which occurs on a Sunday shall be observed the following Monday, unless the legal observance of these holidays is changed by law. IRON0044-010 06/O1/2022 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (REMAINDER OF COUNTY), FRANKLIN (REMAINDER OF COUNTY), JEFFERSON (REMAINDER OF COUNTY), JENNINGS (REMAINDER OF COUNTY), OHIO, RIPLEY, RUSH (SOUTHEASTERN TIP), SWITZERLAND, AND UNION (SOUTHERN 1/3) Rates Fringes Ironworkers: FENCE ERECTORS .............. $ 30.28 22.30 ORNAMENTAL .................. $ 31.87 22.30 STRUCTURAL, MACHINERY MOVERS, RIGGERS ............. $ 31.87 22.30 IRON0070-002 06/O1/2022 CLARK, CRAWFORD, FLOYD, HARRISON, JACKSON (SOUTHERN 3/4); JEFFERSON (EXCLUDING NORTHEASTERN TIP); JENNINGS (SOUTHERN 3/4), LAWRENCE (SOUTHERN 2/3), MARTIN (SOUTHEASTERN 2/3), ORANGE, PERRY (EASTERN 3/4); SCOTT AND WASHINGTON COUNTIES: Rates Fringes IRONWORKER ....................... $ 31.79 24.62 IRON0070-016 06/O1/2022 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (SE CORNER), FRANKLIN (S 3/4), OHIO, RIPLEY (REM. OF COUNTY), SWITZERLAND (REMAINDER OF COUNTY) and JENNINGS (NE TIP) COUNTIES Rates Fringes IRONWORKER (Reinforcing) ......... $ 31.79 24.62 IRON0103-001 04/01/2021 DAVIESS (S 1/2), DUBOIS, GIBSON, KNOX (S 1/2), MARTIN (SW 1/3), PERRY (W 1/4), PIKE, POSEY, SPENCER, VANDERBURGH, AND WARRICK Rates Fringes IRONWORKER ....................... $ 30.00 25.66 IRON0147-004 06/01/2021 ADAMS, ALLEN, BLACKFORD, DEKALB, DELAWARE (NORTHEASTTHIRD OF COUNTY), FULTON (EASTERN PART), GRANT (EXCLUDING SOUTHWEST PORTION), HUNTINGTON, JAY, MIAMI (NORTHEAST HALF), NOBLE (EXCLUDING NORTHEAST TIP), STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Fringes IRONWORKER ....................... $ 30.35 24.22 IRON0290-004 06/01/2022 FAYETTE (NE 1/4), RANDOLPH (S. PART OF COUNTY EXCLUDING WINCHESTER BUT INCLUDING UNION CITY) UNION (NORTHERN 2/3) AND WAYNE (REMAINDER OF COUNTY) COUNTIES Rates Fringes Ironworkers: ..................... $31.59 24.40 IRON0292-005 06/01/2022 ELKHART, FULTON (North 2/3), KOSCIUSKO (Remainder of County), LAGRANGE (West 1/3), MARSHALL, MIAMI (Northwestern Tip), NOBLE (Northwestern Tip), PULASKI (Northeast Half), and STARKE COUNTIES Rates Fringes IRONWORKER ....................... $ 33.62 24.25 IRON0395-002 06/O1/2022 JASPER (NORTHERN 1/2), NEWTON (NORTHERN 1/2), PULASKI (NORTHWESTERN TIP) COUNTIES Rates Fringes IRONWORKER IRONWORKERS ................. $ 43.00 37.24 SHEETER..................... $ 41.75 34.54 LABO0041-003 04/01/2022 HEAVY & HIGHWAY CONSTRUCTION NEWTON COUNTY Rates Fringes LABORERS Group 1..................... $ 31.74 23.63 Group 2..................... $ 32.04 23.63 Group 3..................... $ 32.74 23.63 LABORERS CLASSIFICATIONS (HEAVY AND HIGHWAY) GROUP 1: Construction Laborer, Carpenter Tender, Fence Erector, Grade Checker, Guard Rail Erector, Continuous Steel Rod or Mat Installer, Wire Mesh Layer, Joint Man (Mortar, Mastic, and all other types), Lighting Installer (Permanent or Temporary), Lineman for Automatic Grade Maker on Paving Machines, Mortar Man, Multi -Plant Erector, Rip -rap Installer (all Products and Materials), Road Marking and Delineation Laborer, Setting and Placing of all Precast Concrete Products, Sing Installation including supporting structure, Spraying of all Epoxy, Curing Compound, or Like Material, Flagperson, Air Tool, Power Tool Operator, Asphalt Raker Man, Batch Truck Dumper, Bridge Hand Rail ERector, Handler (bulk or bag cement), Chain Saw Man, Concrete Puddler, Concrete Rubber, Concrete Saw Operator, Core Drill Operator, Eye Level, Hand Blade Operator Hydro Seeder Man, Motor Driven Georgia Buggy Operator, Power Driven Compactor or Taper Operator, Power Saw Operator, Pump Crete Assembly Man, Sreed Man or Screw Man on Asphalt Paver, Regar Installer, Sandblaster Man, Sealer Applicator for Asphalt (toxic), Setting and Placing pre -stressed on Pre -cast Concrete Structural Members, Side Rail Setters (for Sidewalk, Side Ditches, Radii, and Pavement), Spreader Box Tender (manua or power driven), Straw Blower Man, Subsureface Drain and Culvert Pipe Layer, Concrete Conveyor, Horizonal Boring and Jackman and Sheetman, Pipe Greade Man, Winch and Windless Operator Conduit Installer, Sod Layer GROUP 2: Cutting Torch Burner, Laser Beam Aligner, Manhole Erector, Sewer Pipe Layer, Water Line Installer, Temporary or Permanent Welders (electric or Oxy Acetylene) GROUP 3: Air Track and Wagon Drillman, Dynamite and Powder Man, Concrete Barrier Rail Form Setter, Concrete Saw Joint Control Cutting LAB00041-005 04/01/2022 UTILITY CONSTRUCTION JASPER & NEWTON COUNTIES Rates Fringes Laborers: GROUP 1..................... $ 31.74 23.63 GROUP 2..................... $ 32.04 23.63 GROUP 3..................... $ 32.74 23.63 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LABO0041-006 04/01/2022 HEAVY & HIGHWAY CONSTRUCTION JASPER & STARKE COUNTIES Rates Fringes LABORERS Group 1..................... $ 28.97 23.63 Group 2..................... $ 29.27 23.63 Group 3.....................$29.97 23.63 LABORERS CLASSIFICATIONS (HEAVY AND HIGHWAY) GROUP 1: Construction Laborer, Carpenter Tender, Fence Erector, Grade Checker, Guard Rail Erector, Continuous Steel Rod or Mat Installer, Wire Mesh Layer, Joint Man (Mortar, Mastic, and all other types), Lighting Installer (Permanent or Temporary), Lineman for Automatic Grade Maker on Paving Machines, Mortar Man, Multi -Plant Erector, Rip -rap Installer (all Products and Materials), Road Marking and Delineation Laborer, Setting and Placing of all Precast Concrete Products, Sing Installation including supporting structure, Spraying of all Epoxy, Curing Compound, or Like Material, Flagperson, Air Tool, Power Tool Operator, Asphalt Raker Man, Batch Truck Dumper, Bridge Hand Rail ERector, Handler (bulk or bag cement), Chain Saw Man, Concrete Puddler, Concrete Rubber, Concrete Saw Operator, Core Drill Operator, Eye Level, Hand Blade Operator Hydro Seeder Man, Motor Driven Georgia Buggy Operator, Power Driven Compactor or Taper Operator, Power Saw Operator, Pump Crete Assembly Man, Sreed Man or Screw Man on Asphalt Paver, Regar Installer, Sandblaster Man, Sealer Applicator for Asphalt (toxic), Setting and Placing pre -stressed on Pre -cast Concrete Structural Members, Side Rail Setters (for Sidewalk, Side Ditches, Radii, and Pavement), Spreader Box Tender (manua or power driven), Straw Blower Man, Subsureface Drain and Culvert Pipe Layer, Concrete Conveyor, Horizonal Boring and Jackman and Sheetman, Pipe Greade Man, Winch and Windless Operator Conduit Installer, Sod Layer GROUP 2: Cutting Torch Burner, Laser Beam Aligner, Manhole Erector, Sewer Pipe Layer, Water Line Installer, Temporary or Permanent Welders (electric or Oxy Acetylene) GROUP 3: Air Track and Wagon Drillman, Dynamite and Powder Man, Concrete Barrier Rail Form Setter, Concrete Saw Joint Control Cutting LABO0081-003 04/01/2022 UTILITY CONSTRUCTION STARKE COUNTY Rates Fringes Laborers: GROUP 1..................... $ 28.97 23.63 GROUP 2..................... $ 29.27 23.63 GROUP 3..................... $ 29.97 23.63 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector, Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LABO0120-003 04/01/2022 UTI LITTY CONSTRUCTION MARION & SHELBY COUNTIES Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LAB00204-003 04/01/2022 UTILITY CONSTRUCTION CLAY, FOUNTAIN, GREENE, HENDRICKS, OWEN, PARKE, PUTNAM, SULLIVAN, VERMILLION, VIGO, & WARREN COUNTIES Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LAB00213-003 04/01/2022 UTILITY CONSTRUCTION ADAMS, ALLEN, DEKALB, HUNTINGTON, NOBLE, STEUBEN, WABASH, WELLS, & WHITLEYCOUNTIES Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer, Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LAB00274-005 04/01/2022 UTILITY CONSTRUCTION BENTON, BOONE, CARROLL, CASS, CLINTON, FULTON, HOWARD, MIAMI, MONTGOMERY, PULASKI, TIPPECANOE, TIPTON, and WHITE COUNTIES Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer, Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LABOO561-015 04/01/2022 UTILITY CONSTRUCTION DAVIESS, DUBOIS, GIBSON, KNOX, PIKE, POSEY, SPENCER, VANDERBURGH, & WARRICK COUNTIES Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LAB00645-005 04/01/2022 UTILITTY CONSTRUCTION ELKHART COUNTY Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker, Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LAB00645-006 04/01/2022 UTILITY CONSTRUCTION KOSCIUSKO, LAGRANGE, & MARSHALL COUNTIES Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper, Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer, Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LABO0741-007 04/01/2022 UTILITY CONSTRUCTION BARTHOLOMEW, BROWN, DEARBORN, DECATUR, FRANKLIN, JACKSON, JENNINGS, JOHNSON, LAWRENCE, MARTIN, MONROE, MORGAN, OHIO, ORANGE & RIPLEY COUNTIES Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); Tying and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LAB00795-004 04/01/2022 D1d 111uKUailtlrzyl[.1.� CLARK, CRAWFORD, FLOYD, HARRISON, JEFFERSON, PERRY, SCOTT, SWITZERLAND, & WASHINGTON COUNTIES Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector, Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LAB00999-001 04/01/2020 HEAVY AND HIGHWAY CONSTRUCTION ALL COUNTIES EXCEPT: Jasper, Newton, & Starke Rates Fringes Laborers: GROUP 1..................... $ 25.10 16.17 GROUP 2..................... $ 25.40 16.17 GROUP 3..................... $ 26.10 16.17 LABORERS CLASSIFICATIONS GROUP 1: Building and Construction Laborers; Scaffold Builders (other than for Plasterers); Mechanic Tenders; Window Washers and cleaners; Waterboys and Toolhousemen; Roofers Tenders; Railroad Workers; Masonry Wall Washers (interior and exterior); Cement Finisher Tenders; Carpenter Tenders; All Portable Water pumps with discharge up to (3) inches; Plaster Tenders; Mason Tenders; Flag & Signal Person. GROUP 2: Waterproofing; Handling of Creosot Lumber or like treated material (excluding railroad material); Asphalt Rakers and Lutemen; Kettlemen; Air Tool Operators and all Pneumatic Tool Operators; Air and Electric Vibrators and Chipping Hammer Operators; Earth Compactors Jackmen and Sheetmen working Ditches deeper than (6) ft.in depth; Laborers working in ditches (6) ft.in depth or deeper; Assembly of Unicrete Pump; Tile Layers (sewer or field) and Sewer Pipe Layer (metallic or non-metallic); Motor driven Wheelbarrows and Concrete Buggies; Hyster Operators; Pump Crete Assemblers; Core Drill Operators; Cement, Lime or Silica Clay Handlers (bulk or bag); Handling of Toxic Materials damaging to clothing; Pneumatic Spikers; Deck Engine and Winch Operators; Water Main and Cable Ducking (metallic and non-metallic); Screed Man or Screw Operator on Asphalt Paver; Chain and Demolition Saw Operators; Concrete Conveyor Assemblers. GROUP 3: Water Blast Machine Operator; Mortar Mixers; Welders (Acetylene or electric); Cutting Torch or Burner; Cement Nozzle. Laborers; Cement Gun Operator; Scaffold Builders when Working for Plasterers. Dynamite Men; Drillers - Air Track or Wagon Drilling for explosives Hazardous and Toxic material handler, asbestos removal or handler. LABO1112-003 04/01/2022 UTILITY CONSTRUCTION BLACKFORD, DELAWARE, FAYETTE, GRANT, HAMILTON, HANCOCK, HENRY, JAY, MADISON, RANDOLPH, RUSH, UNION & WAYNE COUNTIES Rates Fringes Laborers: GROUP 1..................... $ 27.40 17.22 GROUP 2..................... $ 27.90 17.22 GROUP 3..................... $ 28.40 17.22 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer, Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); TVing and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting PAIN0012-006 05/01/2020 COMMERCIALAND INDUSTRIAL DEARBORN, OHIO, RIPLEYAND SWITZERLAND COUNTIES: Rates Fringes PAINTER Bridges, Lead Abatement ..... $ 26.30 11.35 Brush & Roller, Paperhanger, Drywall Taping.$ 25.30 11.35 Sandblasting, Waterblasting.$ 26.05 11.35 Spray ....................... $ 25.80 11.35 PAIN0027-005 06/01/2021 NEWTON COUNTY, West of Highway #41 Rates Fringes GLAZIER..........................$47.83 39.84 * PAIN0047-005 06/01/2022 BARTHOLOMEW, BOONE, BROWN, DECATUR, HAMILTON, HANCOCK, HENDRICKS, JACKSON, JENNINGS, JOHNSON, LAWRENCE, MARION, MARTIN, MONROE, MORGAN, ORANGE, AND SHELBY COUNTIES Rates Fringes PAINTER BRIDGE WORK Concrete/Masonry Bridges ... $ 26.44 13.30 Steel Bridges .............. $ 30.50 14.50 NON -BRIDGE WORK Brush, Roller .............. $ 28.10 15.81 Spray and Sand -Blasting .... $ 29.10 15.81 * PAIN0080-00106/01/2022 BENTON, CARROLL, CASS, CLINTON, FOUNTAIN, MONTGOMERY TIPPECANOE AND WARREN COUNTIES Rates Fringes PAINTER Brush and Roller ............ $ 27.13 17.43 Spray and Sandblasting ...... $ 27.18 17.43 * PAIN0091-007 06/01/2022 ELKHART, FULTON, KOSCIUSKO AND MARSHALL COUNTIES Rates Fringes PAINTER Brush & Roller, Drywall Taping & Finishing, Vinyl/Paper Hanging ......... $ 28.75 17.00 Spray ....................... $ 29.25 17.00 * PAIN0118-005 06/01/2022 CLARK, CRAWFORD, FLOYD, HARRISON JEFFERSON, SCOTT AND WASHINGTON COUNTIES Rates Fringes Painters: Heavy Construction Brush, Roller & Paperhanger ................ $ 22.20 14.07 Spray, Sandblast & Waterblast................. $ 23.45 13.19 Highway Construction & Railroad Bridges Brush, Roller& Paperhanger ................ $ 29.81 14.58 Spray, Sandblast & Waterblast................. $ 30.81 14.58 PAIN0156-001 04/01/2020 DAVIESS, DUBOIS, GIBZSON, KNOX, PERRY, PIKE, POSSEY, SPENCER, VANDERBURGH, AND WARRICK COUNTIES Rates Fringes Painters: BRUSH & ROLLER OF MASTICS, CREOSOTES, KEWINCH KOATE, & COAL TAR EPDXY ............ $ 28.60 17.53 BRUSH & ROLLER .............. $ 27.60 17.53 DRYWALL FINISHERS ........... $ 27.85 17.53 SPRAY of MASTICS CREOSOTES, KWINCH KOATE, COALTAR EPDXY .............. $ 29.60 17.53 SPRAY, SANDBLAST, POWER TOOLS, WATERBLAST & STEAM CLEANING .................... $ 28.60 17.53 FOOTNOTE A: All Structures over 40? $0.75/ hour above base wage All Structures over75? $1.50/ hour above base wage All Structures over 100? $2.50/ hour above base wage * PAIN0197-001 06/01/2022 CLAY, GREENE, OWEN, PARKE, PUTNAM, SULLIVAN, VERMILLION AND VIGO COUNTIES: Rates Fringes Painters: Brush & Roller.............. $ 28.50 13.70 Sandblasting ................ $ 30.50 13.70 Spray & Pot Man ............. $ 29.00 13.70 FOOTNOTE A: $1.00 premium for work on structures over 40 ft. above floor/ground level $2.00 premium for work on structures over 100 ft above floor/ground level PAIN0387-004 11/01/2021 DEARBORN, FRANKLIN, OHIO, RIPLEY, and SWITZERLAND COUNTIES Rates Fringes GLAZIER .......................... $ 27.93 16.82 * PAIN0460-004 06/01/2022 JASPER, NEWTON, PULASKI, STARKE AND WHITE COUNTIES Rates Fringes Painters: Brush & Roller Building ................... $ 37.10 27.68 Brush and Roller Heavy and Highway .......... $ 37.10 27.68 Drywall Taping & Finishing..$ 37.98 27.68 * PAIN0469-002 06/01/2022 ADAMS, ALLEN, DEKALB, GRANT, HUNTINGTON, LAGRANGE, NOBLE, STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Fringes Painters: Brush, Roller, Paperhanger, & Drywall Finishing ................... $ 23.77 14.74 Lead Abatement .............. $ 27.66 14.30 Spray & Sandblast Pot Tenders and Ground Personnel ................... $ 24.86 14.30 Spray, Sandblast, Power Tools, Waterblast, & Steam Cleaning .................... $ 24.86 14.30 * PAIN0669-001 05/01/2022 BLACKFORD, DELAWARE, FAYETTE, FRANKLIN, HENRY, HOWARD, JAY, MADISON, MIAMI, RANDOLPH, RUSH, TIPTON, UNION and WAYNE COUNTIES Rates Fringes Painters: Brush; Roller; Paperhanging; Drywall Finishers ................... $ 22.70 15.29 Spray/W aterblasti ng; Sandblasting ................ $ 23.70 15.29 PAIN1165-014 07/01/2021 CLARK, CRAWFORD, DAVIESS, DUBOIS, FLOYD, GIBSON, HARRISION, JEFFERSON, KNOX, MARTIN, ORANGE, PERRY, PIKE, POSEY, SCOTT, SPENCER, VANDERBURGH, WARRICK AND WASHINGTON Rates Fringes GLAZIER .......................... $ 30.45 17.25 PAIN1165-017 07/01/2021 ADAMS, ALLEN, BLACKFORD, DE KALB, GRANT, HUNTINGTON, JAY, NOBLE, STEUBEN, WABASH, WELLS AND WHITLEY COUNTIES Rates Fringes GLAZIER .......................... $ 27.42 15.55 PAIN1165-018 07/01/2021 JASPER and NEWTON (East of Highway #41) COUNTIES Rates Fringes GLAZIER .......................... $ 38.18 25.53 PAIN1165-019 07/01/2021 ELKHART, FULTON, KOSCIUSKO, LAGRANGE, MARSHALL, PULASKI, and STARKE COUNTY Rates Fringes GLAZIER .......................... $ 29.81 17.68 PAIN1165-022 01/01/2021 BARTHOLOMEW, BENTON, BOONE, BROWN, CARROLL, CASS, CLAY, CLINTON, DECATUR, DELEWARE, FAYETTE, FOUNTAIN, GREENE, HAM I LTON, HANCOCK, HENDRICKS, HENRY, HOWARD, JACKSON, JENNINGS, JOHNSON, LAWRENCE, MADISON, MARION, MIAMI, MONROE, MONTGOMERY, MORGAN, OWEN, PARKE, PUTNAM, RANDOLPH, RUSH, SHELBY, SULLIVAN, TIPPECANOE, TIPTON, UNION, VIGO, VERMILLION, WARREN, WAYNE, and WHITE COUNTIES Rates Fringes GLAZIER .......................... $ 29.61 17.42 PLAS0075-001 06/01/2017 CLAY, OWEN, PARKE, PUTNAM, VERMILLION AND VIGO COUNTIES: Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 25.75 13.50 ---------------------------------------------------------------- PLAS0075-002 06/01/2017 GREENE and SULLIVAN COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 28.50 13.50 -----------------------------------------------------------•--- PLAS0101-001 06/01/2018 ELKHART, FULTON AND MARSHALL COUNTIES; PULASKI COUNTY (SOUTHERN 1/2): Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 31.50 14.30 ---------------------------------------------------------------- PLASO101-008 06/01/2014 ADAMS, ALLEN, DEKALB, HUNTINGTON, KOSCIUSKO, LAGRANGE, NOBLE, STEUBEN, WELLS AND WHITLEY COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 23.38 11.94 PLASTERER ........................ $ 25.69 11.75 ---------------------------------------------------------------- PLASO438-003 06/01/2018 PULASKI (NOTHERN 2/3), JASPER (N. EASTERN PORTION OF WEST TO BUT NOT INCLUDING WHEATFIELD), ALL OF STARKE COUNTY Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 36.01 25.40 ---------------------------------------------------------------- PLAS0692-002 06/01/2016 AREA #46 BARTHOLOMEW, BOONE, BROWN, CLARK, CLAY, CRAWFORD, DAVIESS, DUBOIS, GIBSON, HENDRICKS, JACKSON, JEFFERSON, JENNINGS, JOHNSON, KNOX, LAWRENCE, MARION, MARTIN, MONROE, MORGAN, ORANGE, OWEN, PARKE, PERRY, PIKE, POSEY, PUTNAM, SCOTT, SHELBY, SPENCER, VANDERBURGH, VERMILLION, VIGO and WARRICK COUNTIES Rates Fringes PLASTERER ........................ $ 25.04 13.23 PLAS0692-008 05/01/2017 BARTHOLOMEW, BROWN, CLARK, DEARBORN, FLOYD, JACKSON, JEFFERSON, JENNINGS, LAWRENCE, OHIO, ORANGE, RIPLEY, SCOTT, SHELBY, SWITZERLAND, and WASHINGTON Counties Rates Fringes CEMENT MASON/CONCRETE FINISHER AREA #821................... $ 24.18 13.49 PLAS0692-009 04/01/2020 AREA#83 BLACKFORD, DELAWARE, GRANT, HAMILTON (Northern Part), HANCOCK (Northern Part), JAY, MADISON, TIPTON, and WABASH COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 26.00 15.54 PLASTERER ........................ $ 25.49 11.95 P LAS0692-01104/O1/2020 AREA #83 DECATUR, FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 26.00 15.54 PLASTERER ........................ $ 25.49 11.95 PLAS0692-015 06/01/2016 AREA #121 BENTON, CARROLL, CASS, CLINTON, FOUNTAIN, HOWARD, MIAMI, MONTGOMERY, TIPPECANOE, WARREN, WHITE and VERMILLION (Northern Part) COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 26.10 17.30 PLASTERER ........................ $ 27.71 16.40 PLAS0692-018 06/01/2017 AREA #165 NEWTON COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 38.88 23.73 PLAS0692-022 06/01/2017 Southward on Rt. No. 49 to the JASPER, BENTON and WHITE County lines, including the City Limits of Wheatfield, Rensselaer and Remington, Indiana. To the West, the boundary of NEWTON County Rates Fringes CEMENT MASON/CONCRETE FINISHER AREA #406................... $ 33.35 19.09 PLAS0692-023 06/01/2018 AREA #532 BOONE, HAMILTON (SOUTH HALF OF COUNTY NORTH TO NEW ROUTE INDIANA #32 INCLUDING NOBLESVILLE); HANCOCK COUNTY (SOUTHERN AND WESTERN PART OF HANCOCK COUNTY, NORTH TO BUT NOT INCLUDING FORTVILLE); HENDRICKS, JOHNSON, MARION and MORGAN COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 26.45 18.11 Slip Form Shift Work ........ $ 27.45 18.11 Swinging/Suspended Scaffold.$ 26.70 18.11 PLAS0692-027 04/01/2020 AREA #566 CRAWFORD, DAVIESS, DUBOIS, GIBSON, HARRISON, KNOX, MARTIN, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH and WARRICK COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 28.30 18.31 PLUM0136-003 04/O1/2022 BROWN, DAVIESS, DUBOIS, GIBSON, JACKSON, LAWRENCE, MARTIN, MONROE, ORANGE, OWEN, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH, WARRICK, and WASHINGTON Counties Rates Fringes Plumbers and Pipefitters......... $ 40.07 19.11 PLUM0157-002 07/O1/2022 BENTON, CARROLL, CLINTON, FOUNTAIN, MONTGOMERY, TIPPECANOE, WARREN AND WHITE COUNTIES: Rates Fringes Plumbers and Pipefitters......... $ 39.73 20.85 PLUM 0166-00106/01/202 2 ADAMS, ALLEN, BLACKFORD, DE KALB, GRANT, HUNTINGTON, NOBLE, STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Fringes Plumber and Steamfitter.......... $ 39.26 17.81 PLUM0166-002 06/01/2022 ELKHART, KOSCIUSKO, and LAGRANGE COUNTIES Rates Fringes PLUMBER .......................... $ 39.26 17.81 ---------------------------------------------------------------- PLU M0172-00106/01/2022 JASPER (S of the N. Side of the City of Rensselear), MARSHALL, PULASKI and STARKE COUNTIES Rates Fringes Plumber, Pipefitter, Steamfitter ...................... $ 38.54 21.79 -------------------------------------- ------------------------- PLUM0210-003 09/01/2020 JASPER (to the City of Rensselaer) and NEWTON COUNTIES Rates Fringes PLUMBER .......................... $ 42.07 25.16 ---------------------------------------------------------------- PLUM0392-006 06/01/2018 DEARBORN, OHIO, RIPLEY, AND SWITZERLAND COUNTIES Rates Fringes Plumbers and Pipefitters......... $ 32.01 19.67 ---------------------------------------------------------------- PLUM0440-002 06/04/2022 BARTHOLOMEW, BOONE, HAMILTON, HANCOCK, HENDRICKS, HOWARD, JOHNSON AND MARION COUNTIES; MIAMI COUNTY (SOUTH OF A STRAIGHT LINE WHERE ROUTE 218 ENTERS W. BOUNDARY); MORGAN, SHELBY and TIPTON COUNTIES Rates Fringes Plumbers and Pipefitters......... $ 41.57 18.99 ---------------------------------------------------------------- PLUM0440-004 06/01/2018 FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes Plumber and Steamfitter.......... $ 37.67 16.79 ------------------------------------- --------------------------- P L U M 0502-00108/O1/2016 CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes PLUMBER/PIPEFITTER............... $ 32.00 20.13 ---------------------------------------------------------------- PLUM0597-004 06/01/2018 JASPER (Excluding the city limits of Rensselear), AND NEWTON (Entire County) Rates Fringes PIPEFITTER ....................... $ 48.50 31.12 ------------------------------------------------------------ ROOF0023-004 06/O1/2021 ADAMS, ALLEN, DEKALB, ELKHART, FULTON, HUNTINGTON, KOSCIUSKO, LAGRANGE, MARSHALL, MIAMI, NOBLE, PULASKI, STARKE, STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Fringes ROOFER COMPOSITION ................. $ 30.50 19.03 SLATE & TILE ................ $ 32.00 19.03 ---------------------------------------------------------------- ROOF0026-002 06/01/2021 JASPER AND NEWTON COUNTIES Rates Fringes ROOFER ........................... $ 39.59 22.07 ROOF0042-002 08/01/2021 DEARBORN, OHIO and RIPLEY COUNTIES Rates Fringes ROOFER ........................... $ 28.85 17.05 ROO F0075-00105/01/2021 FAYETTE, RANDOLPH, UNION, and WAYNE Counties Rates Fringes ROOFER Composition ................. $ 24.38 20.09 Slate & Tile ................ $ 24.60 20.09 ROOF0075-002 05/01/2021 CLINTON COUNTY Rates Fringes ROOFER Composition,.- ::.:...........$ 24.38 20.09 Slate & Tile ................ $ 24.60 20.09 ROOF0106-006 04/01/2021 CRAWFORD, DAVIESS, DUBOIS, GIBSON KNOX, MARTIN, ORANGE PERRY, PIKE, POSEY, SPENCER, VANDERBURGH AND WARRICK Rates Fringes ROOFER COMPOSITION ................. $ 31.00 18.43 SLATE & TILE ................ $ 30.80 16.52 ROOF0119-002 09/01/2021 BARTHOLOMEW, BLACKFORD, BOONE, BROWN, DECATUR, DELAWARE, FRANKLIN, GRANT, HAMILTON, HANCOCK, HENDRICKS, HENRY, HOWARD, JACKSON, JAY, JENNINGS, JOHNSON, LAWRENCE, MADISON, MARION, MONROE, MONTGOMERY, MORGAN, PUTNAM, RUSH, SHELBY, and TIPTON Counties Rates Fringes ROOFER ........................... $ 27.80 11.75 ---------------------------------------------------------------- ROOF0147-002 04/01/2018 CLARK, FLOYD, HARRISON JEFFERSON, SCOTT, SWITZERLAND, and WASHINGTON Counties Rates Fringes ROOFER ........................... $ 24.43 10.20 ---------------------------------------------------------------- ROOF0150-002 07/O1/2021 CLAY, GREENE, OWEN, PARKE, SULLIVAN, VERMILLION AND VIGO COUNTIES Rates Fringes ROOFER ........................... $ 28.50 16.50 ---------------------------------------------------------------- SHEE0020-003 07/01/2021 Rates Fringes Sheet metal worker (HVAC Duct Work) ............................ $ 32.71 25.82 ---------------------------------------------------------------- SHEE0020-010 07/01/2021 BARTHOLOMEW, BOONE, BROWN, DECATUR, DELAWARE, FAYETTE, FRANKLIN, HAMILTON, HANCOCK, HENDRICKS, HENRY, JACKSON, JENNINGS, JOHNSON, LAWRENCE, MADISON, MARION, MONROE, MONTGOMERY, MORGAN, ORANGE, RIPLEY, RUSH, SHELBY, TIPTON, UNION AND WASHINGTON COUNTIES Rates Fringes SHEET METALWORKER ............... $ 37.46 23.83 -------------------------------- —------------------ ------------ SHEE0020-011 07/01/2020 CLINTON COUNTY Rates Fringes SHEET METAL WORKER ............... $ 33.31 25.51 SHEE0020-024 07/01/2020 CLAY, GREENE, MARTIN, OWEN, PARKE, PUTNAM, SULLIVAN, VERMILLION, and VIGO COUNTIES Rates Fringes Sheet metal worker ............... $ 35.71 21.95 TEAM0135-003 04/O1/2021 REMAINING COUNTIES Rates Fringes TRUCK DRIVER GROUP 1..................... $ 31.16 17.27 GROUP 2..................... $ 31.21 17.27 GROUP 3..................... $ 31.26 17.27 GROUP 4..................... $ 31.31 17.27 GROUPS ..................... $ 31.36 17.27 GROUP 6..................... $ 31.26 17.27 GROUP 7..................... $ 31.46 17.27 GROUP 8..................... $ 31.46 17.27 GROUP 9..................... $ 31.56 17.27 GROUP10..................... $ 31.01 17.27 GROUP11..................... $ 31.56 17.27 GROUP12..................... $ 31.66 17.27 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Single/batches axle straight trucks; Batch trucks, wet or dry 3 (34E) axle or less; Single axle Grease and maintenance truck GROUP 2: Single axle fuel and water trucks GROUP 3: Single axle ""dog -legs"", and tandem truck or dog- legs; Winch trucks or A -frames when used for transportation purposes; Drivers on batch trucks, wet or dry over 3 (34E) batches and tandem axle grease and maintenance truck GROUP 4: Tandem axle fuel trucks; tandem axle water trucks; butuminous distributors (two -man) GROUP 5: Tandem trucks over 15 tons payload; Single axle semi trucks; Farm tractors hauling material; Mixer trucks (all types); Trucks pulling tilt -top trailer single axle; Single axle low- boys; Truck -mounted pavement breakers GROUP 6: Tandem trucks or ""dog -legs""; Semi -water Truck; Sprinkler Truck; Heavy equipment -type water wagons, 5,000 gallons and under; butuminous distributors (one-man) GROUP 7: Tri-axle trucks; Tandem axle semi trucks; Equipment when not self -loaded or pusher loaded, such as Koehring or similar dumpsters, track trucks, Euclid bottom dump and hug bottom dump, tournatrailers, tournarockers, Acey wagons or for similar equipment (12 cu yds or less); Mobile mixer truck; Tandem Axle trucks pulling tilt -top trailer; Tandem - Axle lowboy; Tri- Axle batch Truck; Tri-Axle grease and maintenance truck GROUP 8: Tandem -tandem semi trucks; Truck mechanics and welders; Heavy equipment -type water wagon over 5,000 gallons; Tri-Axle Trucks pulling tilt -top trailer; Low -boys, tandem -tandem axle GROUP 9: Low -boys, tandem tri-axle; Acey wagons up to and including 3 buckets; Equipment when not self -loaded or pusher loaded, such as koehring or similar dumpsters, Track Trucks, Euclid bottom dump and hug bottom dump, Tournatrailers, Tournarockers, Acey wagons or for similar equipment (over 12 cu yds.) GROUP 10: Pick-up trucks GROUP 11: Helpers; Greasers; Tire men; Batch board tenders; Warehouseman GROUP 12: Acey wagon (over 3 buckets); Quad Axle Trucks; Articulating Dump WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey forthis classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/O1/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" GENERAL CONDITIONS GENERAL CONDITIONS TABLE OF CONTENTS ARTICLE1 - DEFINITIONS...................................................................................................................................................................................GC-4 ARTICLE 2 - PREMLIMINARY MATTERS........................................................................................................................................................GC-5 2.1 Delivery of Bonds and Evidence of Insurance..................................................................................................................................................GC-5 2.2 Commencement of Contract Times: Notice to Proceed....................................................................................................................................GC-5 2.3 Startine the Work..............................................................................................................................................................................................GC-5 2.4 Before Startine Construction.............................................................................................................................................................................GC-6 2.5. Before Startine Construction............................................................................................................................................................................ GC-6 2.6 Preconstruction Conference...............................................................................................................................................................................GC-6 2.7 Initially Acceptable Schedules ................. ......................................................................................................................................................... GC-6 AITI ]CLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING REUSE...................................................................................................GC-6 3.1 Intent ..................................................................................................................................................................................................................GC-6 3.2 Reference Standards..........................................................................................................................................................................................GC-6 3.3 Reporting and Resolving Discrepancies............................................................................................................................................................GC-7 3.3.2 Resolving..................................................................................................................................................................................................GC-7 3.4 Amending and Supplementing Contract Documents........................................................................................................................................GC-7 3.5 Reuse of Documents..........................................................................................................................................................................................GC-7 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS ...................................................................GC-7 4.1 Availability of Lands.........................................................................................................................................................................................GC-7 4.2 Subsurface and Physical Conditions.................................................................................................................................................................GC-8 4.2.1 Reports and Drawings: .............................................................................................................................................................................. GC.8 4.2.1.2 Physical Conditions: . ............................................................................................................................................................................. GC-8 4.2.2. Limited Reliance by CONTRACTOR Authorized, Technical Data: ....................................................................................................... GC-8 4.3 Differing Subsurface or Physical Conditions....................................................................................................................................................GC-8 4.3.2 ENGINF.ER's Review: ........................................................................................................................................................... .................. GC-8 4.3.3. Possible Contract Documents Cha......................................................................................................................................................GC-8 4.3.4 Possible Price and Times Adjustment s.....................................................................................................................................................GC-8 4.4 Physical Conditions -Underground Facilities.....................................................................................................................................................GC-9 4.4.1 Shown or Indicated: .................................................................................................................................................................................. GC-9 4.5 Reference Points................................................................................................................................................................................................GC-9 4.6 Asbestos PCRs Petroleum Hazardous {Paste or Radioactive Material.........................................................................................................GC-9 ARTICLE 5 - BONDS, INSURANCE AND INDEMNIFICATION...................................................................................................................GC-10 5.1 Performance. Payment and Other Bonds: ...................................................................................................................................................... GC-110 5.2. Licensed Sureties and Insurers......................................................................................................................................................................GC-10 5.3 Certificates of Insurance.................................................................................................................................................................................GC-10 5.4 CONTRACTOR's Liability Insurance...........................................................................................................................................................GC-10 A. Workers Compensation/F.mplover's Liability: ..........................................................................................................................................GC-II B. Commercial General Liability: ................................................................................................................................................................... GC-1 I C. Commercial Automobile Liability (Owned. Leased. Hired/Non-Owned): ................................................................................................. GC -I 1 5.5 OWNER's Liability Insurance.........................................................................................................................................................................GC-I1 5.6 Property Insurance...........................................................................................................................................................................................GC-12 5.7. Waiver of Rights ........................................... .................................................................................................................................................. GC-12 5.8 Receipt and Application of Insurance Proceeds.............................................................................................................................................. GC-12 5.9 Accentance of Bonds and Insurance; Option to Replace'........................................................... .................................................................... GC-13 5.10 Partial Utilization -Property Insurance...........................................................................................................................................................GC-13 5.11 Indemnification..............................................................................................................................................................................................GC-13 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.....................................................................................................................................GC-13 6.1 Supervision and Superintendence....................................................................................................................................................................GC-13 6.2 labor. Materials and Equipment ....................................................................................................................................................................GC-13 6.3 Services. Materials and Equipment.................................................................................................................................................................GC-13 6.4 Progress Schedule...........................................................................................................................................................................................GC-14 6.5 Substitutes and "Or -Equal" Items...................................................................................................................................................................GC-14 6.5. 1.1"Or-Eguaf':..........................................................................................................................................................................................GC-14 6.5.1.2 S'ubstivae Gents:...................................................................................................................................................................................GC-14 6.6 Concerning Subcontractors. Suppliers and Others ....... ................................................ ................................................................................... GC- 15 6.7 Patent Fees and Royalties................................................................................................................................................................................GC-15 6.8 Permits.............................................................................................................................................................................................................GC-15 6.9 Lmvs and Regulations.....................................................................................................................................................................................GC-15 6.10 Taxes..............................................................................................................................................................................................................GC-16 6.11 Use of Site and Other Areas..........................................................................................................................................................................GC-16 6.11.1 Limitations on Use of Site and Other Areas.........................................................................................................................................GC-16 6.12 Record Documents........................................................................................................................................................................................GC-16 6.13 Safety and Protection ............................ ... - GC-] (Quote Form) 6.14 Safety Representative....................................................................................................................................................................................GC-16 6.15 Hazard Communication Programs................................................................................................................................................................GC-16 6.16 Emergencies..................................................................................................................................................................................................GC-17 6.17 Shoo Drawings and Samoles.........................................................................................................................................................................GC-17 6,17.1.1 Shoo Drawings...................................................................................................................................................................................GC-17 6.17.3 Submittal Procedures............................................................................................................................................................................GC-17 6.17.4 ENGINEER's Review...........................................................................................................................................................................GC-17 6.17.5 Resubmittal Procedures.........................................................................................................................................................................GC-17 6.18 Continuing the Work.....................................................................................................................................................................................GC-17 6.19 CON I RAC'fOR's General Warranty and Guarantee....................................................................................................................................GC-17 ARTICLE7 - OTHER WORK...............................................................................................................................................................................GC-18 7.1 Related Work at Site........................................................................................................................................................................................GC-18 7.2 Coordination....................................................................................................................................................................................................GC-19 ARTICLE 8 - OWNER'S RESPONSIBILITIES..................................................................................................................................................GC-19 8.1 Communication to Contractor.........................................................................................................................................................................GC-19 8.2 Replacement of ENGINEER...........................................................................................................................................................................GC-19 8.3 Famish Data....................................................................................................................................................................................................GC-19 8.4 Lands and Easements; Reports and Tests........................................................................................................................................................GC-19 8.5 Insurance..........................................................................................................................................................................................................GC-19 8.6 Change Orders.................................................................................................................................................................................................GC-19 8.7 Inspections. Tests and Approvals....................................................................................................................................................................GC-19 8.8. Limitations on Owner's Responsibilities.......................................................................................................................................................GC-19 8.10 Undisclosed Hazardous Environmental Condition.......................................................................................................................................GC-19 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION...............................................................................................................GC-19 9.1 O W NER's Representative...............................................................................................................................................................................GC- 19 9.2 Visits to Site: ................................................................................................................................................................................................... GC-19 9.3 Proiect Representative.....................................................................................................................................................................................GC-19 9.3.2 Duties and Responsibilities.....................................................................................................................................................................GC-19 9.3.4 Clarifications and Interpretations............................................................................................................................................................GC-21 9.4 Authorized Variations in Work.......................................................................................................................................................................GC-21 9.5 Reiecting Defective Work...............................................................................................................................................................................GC-21 9.6 Shop Drawings, Change Orders and Par ments...............................................................................................................................................GC-21 9.7 Determinations for Unit Prices........................................................................................................................................................................GC-21 9.8 Decisions on Disputes.....................................................................................................................................................................................GC-21 9.9 tations on Engineer's Authority and Responsibilities.............................................................................................................................GC-21 ARTICLE 10 - CHANGES IN THE WORK.........................................................................................................................................................GC-22 10.1 Authorized Changes in the Work..................................................................................................................................................................GC-22 10.2 Unauthorized Changes in the Work..............................................................................................................................................................GC-22 10.3 Execution of Change Orders.........................................................................................................................................................................GC-22 10.4 Notification to Surety....................................................................................................................................................................................GC-22 ARTICLE I I- COST OF THE WORK; ALLOWANCES AND UNIT PRICES..............................................................................................GC-22 11.1 Cost of the Work...........................................................................................................................................................................................GC-22 11.2 Allowances....................................................................................................................................................................................................GC-24 11.3 Unit Price Work.............................................................................................................................................................................................GC-24 ARTICLE 12 - CHANCES OF CONTRACT PRICE AND TIMES..................................................................................................................GC-24 12.1 Change of Contract Price...............................................................................................................................................................................GC-24 12.2 Changes of ContractTime.............................................................................................................................................................................GC-24 12.3 Delays............................................................................................................................................................................................................GC-25 ARTICLE 13 - TEST AND INSPECTIONS; CORRECTION, REMOVAL OF WORK................................................................................CC-25 13.1 Notice of Defects...........................................................................................................................................................................................GC-25 13.2 Access to Work..............................................................................................................................................................................................GC-25 13.3 Tests and Inspections.....................................................................................................................................................................................GC-25 13.4 Uncovering Work..........................................................................................................................................................................................GC-25 13.5 OWNER May Stop the Work........................................................................................................................................................................GC-25 13.6 Correction or Removal of Defective Work ................................................... ................................................................................................ GC-26 13.7 Correction Period...........................................................................................................................................................................................GC-26 13.8 Acceptance of Defective Work.....................................................................................................................................................................GC-26 13.9 OWNER Alnv Correct Defective Work..........................................................................................................................................................GC-26 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION........................................................................................................GC-26 14.1 Schedule of ValUes.......................... .............................................................................................................................................................. GC-26 14.2 Application for Progress Payment.................................................................................................................................................................GC-26 14.2.2 Review of Applications for Progress Payment.....................................................................................................................................GC-27 14.3 CONTRACTOR'S Warranty of "I itle........... .................................................................................................................................................. GC-27 14.4 Substantial Completion.................................................................................................................................................................................GC-27 14.5 Partial Utilization ...........................................................................................................................................................................................GC-28 � Ana GC-2 (Quote Form) 14.7 Final Payment................................................................................................................................................................................................GC.28 14.7.2 Final Payment and Acceptance.............................................................................................................................................................GC-29 14.8 Final Completion Delayed.............................................................................................................................................................................GC-29 14.9 Waiver of Claims...........................................................................................................................................................................................GC-29 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................ ....................................................................... GC-29 15.1 OWNER May Suspend Work.......................................................................................................................................................................GC-29 15.2 OWNER's Right to Terminate for Cause......................................................................................................................................................GC-29 15.3 OWNER'S Right to Terminate for Convenience ..........................................................................................................................................GC-30 15.4 CONTRACTOR May Stop Work or Terminate...........................................................................................................................................GC-30 ARTICLE16 - DISPUTE RESOLUTION............................................................................................................................................................GC-30 ARTICLE 17 -MISCELLANEOUS.......................................................................................................................................................................GC-30 17.1 Giving Notice ................................................................................................................................................................................................GC-30 17.2 Computation of Time ...................................................................................................................................................................................GC-30 17.3 Notice of Claim.............................................................................................................................................................................................GC-30 17.4 Cumulative Remedies....................................................................................................................................................................................GC-30 17.5 Professional Fees and Court Costs Included.................................................................................................................................................GC-30 GC-3 (Quote Form) Part B - GENERAL CONDITIONS City of Cannel ARTICLE I DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: LL Addenda -Written or graphic instruments issued prior to the opening of Quotes which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement -The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached or incorporated by reference into the Agreement and made a part thereof as provided therein. 1.3. Application for Payment -The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents, including Affidavit and Waiver of Claims or Liens. 1.4. Asbestos -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal (also referred to as Quote) of the Contractor (also referred to as Contractor) submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents- The Notice to Contractors, the Proposal, including Quote Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Quotes). 1.7. Bidding Requirements -The Advertisement/ Notice to Contractors, Instructions to Contractors, and the Quote form. 1.8. Bonds -Quote, Performance and Payment bonds and other instruments of security. 1.9. Change Order -A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents -The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Quote (including documentation accompanying the Quote and any post Quote documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Special Conditions, the Specifications and the Drawings as the same me more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.4., 3.4.2.1, and 3.4.2.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.17.4.1 and 6.17.4.2 and the reports and drawings refered to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.3 in the case of Unit Price Work). 1.12. Contract Times -The numbers of calendar days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.7.2.1. 1.13. CONTRACTOR -The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. Defective -An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER, at Substantial Completion in accordance, with paragraph 14.4 or 14.5). 1.15. Drawings -The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings. 1.16. 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. 1.17. ENGINEER -The person, firm or corporation named as such in the Agreement. L 18. ENGINEER's Consultant -A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Special Conditions. 1.19. Field Order -A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements -Sections of Division I of the Specifications. 1.21. Hazardous Waste -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations -Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction over the work. 1.23. Liens -Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone -A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward-The written notice by OWNER to the apparent successful Contractor stating that upon compliance by the apparent successful Contractor with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which GC-4 (Quote Form) CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER -The public body or authority corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement -and for whom the Work is to he provided. 1.28. Partial Utilization -Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs -Polychlorinated biphenyls. 1.30. Petroleum -Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project -The total construction of which the Work to be provided under the Contract Documents may he the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material -Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2911 et seq.) as amended from time to time. 1.33. Resident Project Representative -The authorized representative of ENGINEER who may be assigned to the site or any part thereof as defined in the Special Conditions. 1.34. Samples -Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will bejudged. 1.35. Shop Drmvings-All drawings.. diagrams, illustrations, schedules_ and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications -those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor -An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion -The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.17.2. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Special Conditions -The part of the Contract Documents which amends or supplements these General Conditions based on project or work specific requirements. 1.40. Supplier -A manufacturer, fabricator, supplier. distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work -Work to be paid for on the basis of unit prices as an amount stated in the Quote as a price per unity of measurement for materials, equipment or services or a scope of work as described in the Bidding Documents. 1.43. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the Construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.16. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price. or Contract Times as provided in paragraph 10.1.2. 1.45. 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 nonengineering or nontechnical rather than strictly construction - related aspects of the Contract Documents. ARTICLE 2 PRELIMINARY MATTERS 2.1 Delivery of Bonds and Evidence of Insurance 2.1.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR maybe required to furnish in accordance with paragraph 5.1 of the General Conditions or Agreement. 2.1.2 OWNER will furnish to CONTRACTOR copies of the Contract Documents. As many copies will be furnished as are available from the printings made for bidding purposes. Additional copies will be furnished upon request at the cost of reproduction. 2.2 Commencement of Contract Times: Notice to Proceed 2.2.1 The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement. 2.3 Starting the Work 2.3.1 CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be GC-5 (Quote Form) done at the site prior to the date on which the Contract Times commence to run. 2.4 Before Starting Construction 2.4.1 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.4.2 Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.4.2.1 a preliminary progress schedule indicating the times (numbers of calendar days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.4.2.2 N/A 2.4.2.3 N/A. 2.4.2.3.1 Mobilization for CONTRACTOR and any tier of subcontractor(s) shall be considered collectively and shall not exceed 10 percent (100%) of the Contract Price. Mobilization shall be those costs associated with the initiation of the Project and sitework, including but not limited to, transporting of personnel, equipment, materials, supplies, incidental items; establishment of the field offices, temporary facilities necessary for the project, bonds and insurances, submittal requirements,_ permits, field supervision, final cleanup and demobilization. Mobilization- does not include such items as, contract negotiations and Quote preparation. Where the Work is covered by Unit Price and no item has been included for mobilization, then this Work is considered incidental to the Work and will not be paid separately. 2.4.3.1.2. Where the work is covered by Unit Prices, and item(s) for mobilization, as described in 2.4.3.1 have been included, the maximum allowable amount shall be ten percent (10%) of the aggregate of all items excluding mobilization. Where mobilization is included in multiple items, then the aggregate amount of all mobilization items shall not exceed the allowable ten percent (10%). 2.4.3.2 Costs for submittal requirements, field office and supervision, where identified separately in the schedule of values shall be considered for payment monthly. When the cost is a lump sum as submitted in accordance with 2.4, the monthly cost shall be established by dividing the lump sum by the number of monthly estimates based on the original Contract Time. No adjustments shall be made for any Contract Time extensions. 2.4.3.3 Mobilization shall be included in the progress payments, in accordance with the schedule of values and Unit Prices. When the mobilization and inventory, has progressed to an amount equal to fifty percent (50%) of the Contract Price. The remaining mobilization payment will be paid as part of the final payment. 2.4.4 N/A. 2.5. Before Starting Construction. 2.5.1 Before any Work at the site is started, CONTRACTOR shall deliver to the OWNER and ENGINEER, with copies to each additional insured identified in the General or Special Conditions, certificates of insurance (and other evidence of insurance which OWNER or any additional insured may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4 and 5.6. 2.6 N/A 2.71nitially Acceptable Schedules 2.7.1 Unless otherwise provided in the Contract Documents, 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 review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.4.2, CONTRACTOR shall have an additional ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. No progress Payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. 2.7.1.1 The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. ARTICLE 3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Intent 3.1.1 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 place of the Project. 3.1.2 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or constmction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Work, excluding mobilization and inventory, has progressed to an amount equal to five percent (5%) or more of the Contract Price, then 3.1.3 Clarifications and interpretations of the Contract Documents an amount of not more than fifty percent (50%) of the mobilization shall be issued by ENGINEER as provided in paragraph 9.3.4. cost will be considered for inclusion in the progress payment. Prior 3.2 Reference Standards to the established five percent (50/6), Owner may consider payment on invoices for bonds and insurances and permits; this amount shall be 3.2.1 Standards, Specifications, Codes, Laws and Regulations. subtracted from the total amount for mobilization. Not more than 3.2.1.1. Reference to standards, specifications, manuals or codes of forty percent (40 /a) of the mobilization cost will be considered for any technical society, organization or association, or to the Laws or inclusion in the -progre.gspayments onon the ` mk W a:^^ GC-6 (Quote Form) Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Quotes (or, on the Effective Date of the Agreement if there were no Quotes), except as may be otherwise specifically stated in the Contract Documents. 3.3 Reporting and Resolving Discrepancies 3.3.1 Reporting 3.3.1.1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.3.2, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.16) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.4; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.2 Resolving 3.3.2.1. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.4, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.2.1.1. the provisions of any such standard, specification, manual, code or —instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.2.1.2. the provisions of any such Laws or Regulations applicable to the performance of the Work. (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.3.2.1.3 No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it 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 inconsistent with the previsions of paragraph 9.9 or any other provision of the Contract Documents. 3.3.3. 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 a 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, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in. the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective 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 paragraph 9.9 or any other provision of the Contract Documents. 3.4 Amending and Supplementine Contract Documents 3.4.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1.1 a formal Written Amendment, 3.4.1.2 a Change Order (pursuant to paragraph 10.3), or 3.4.1.3 a Work Change Directive (pursuant to paragraph 10.1). 3.4.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.4.2.1 a Field Order (pursuant to paragraph 9.4), 3.4.2.2 ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.17.4.1 and 6.17.4.2), or 3.4.2.3 ENGINEER's written interpretation or clarification (pursuant to paragraph 9.3.4). 3.5 Reuse of Documents 3.5.1 CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without writtenconsentof OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands 4.1.1 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 for the use of CONTRACTOR. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. 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 and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights - of -way or easements, CONTRACTOR may make a claim therefor as provided in Article 12. 4.1.2 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.1.3 The OWNER shall provide permanent easements and temporary construction easements as shown on the Drawings for buried pipelines across private property. If the easements obtained are GC-7 (Quote Form) additional easements required. There will be no additional compensation made for obtaining these easements, damages to private property outside easements, or additional cost to the CONTRACTOR because of the easements or lack thereof. 4.2 Subsurface and Physical Conditions 4.2.1 Reports and Drawings: Reference is made to the Special Conditions for identification of: 4.2.1.1 Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; are detailed in the Special Conditions, the following reports of explorations and tests of subsurface conditions at the site of the Work. The technical data contained in such reports) upon which CONTRACTOR may rely are the boring method, plan and logs; level of subsurface water; laboratory test methods and results, if any; and similar factual data, all as of the dates made. 4.2.1.2 Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents are detailed in the Special Conditions. 4.2.1.3 The following drawings of physical conditions in or relating to existing surface and sub -surface structures (except Underground Facilities) which are at or contiguous to the site of the Work: 4.2.1.3.1 Copies of the reports listed in paragraph 4.2.1.1. and Drawings listed in paragraph 4.2.1.2. may be examined at the ENGINEER's office during normal working hours as defined in the Special Conditions. These reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which the CONTRACTOR is entitled to rely as provided in paragraph 4.2. and as identified and established above are incorporated therein by reference. CONTRACTOR is not entitled to rely upon other information and data utilized by ENGINEER and ENGINEER's Consultants in the preparation of Drawings and Specifications. 4.2.2. Limited Reliance by CONTRACTOR Authorized, Technical Data 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 Special Conditions, Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2 other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3 any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.3 Differing Subsurface or Physical Conditions 4.3.1 If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.3.1.1 is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2 is materially inaccurate, or 4.3.1.2 is of such a nature as to require a change in the Contract Documents, or 4.3.1.3 differs materially from that shown or indicated in the Contract Documents, or 4.3.1.4 is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents; then CONTRACTOR shall promptly, but in no case less than forty- eight (48) hours after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.16), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.3.2 ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.3.3. Possible Contract Documents Channe If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.3.4 Possible Price and Times Adjustments 4.3.4J An equitable adjustment intheContract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.3.4.1.1 such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.3.1.4 inclusive; 4.3.4.1.2 a change in the Contract Documents pursuant to paragraph 4.3.3 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.3.4.1.3 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.7 and 11.3. 4.3.4.2 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.3.4.2.1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Quote or becoming bound under a negotiated Contract; or 4.3.4.2.2 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.3.4.2.3 CONTRACTOR failed to give the written notice within the time and ae rem,ired by naraaranh a 3,1 GC-8 (Quote Form) 4.3.4.3 If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made as provided in Article 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated Project. 4.4 Physical Conditions -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 famished to OWNER or ENGINEER by the owners of such Underground Facilities or, by others. Unless it is otherwise expressly provided in the Special Conditions: 4.4.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.4.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (i) reviewing and checking all such information and data, (ii) locating all Underground facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.13 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated 4.3.2.1 If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall promptly, and in no case later than forty-eight (48) hours after becoming aware thereof and before further disturbing conditions affected therebyor-performing any Work in connection therewith (except in an emergency as required by paragraph 6.16), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. 4.3.2.2 If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such lime, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13 CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Article 12. However, OWNER, ENGINEER and ENGINEER's Consultants 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. 4.5.1 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work; shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever 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. 4.6 Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive Material 4.6.1 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by paragraph 6.16), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing) OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. 4.6.3 CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice; (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent or an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Article 12. 4.6.4 If after receipt of such, special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent (if an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Article 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.6.5 To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents, other consultant and Subcontractors of each and any of them from and against all claims, 4.5 Reference Points costs, losses and damages arising out, of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or GC-9 (Quote Form) to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (if) nothing in this subparagraph 4.6.5 shall obligate OWNER to indemnify any person or entity from and against the, consequences of that person's or entity's own negligence. 4.6.6 To the fullest extent permitted by the Laws and Regulations, CONTRACTOR shall indemnify and hold harmless the OWNER and ENGINEER, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.6.6 shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's own negligence. 4.6.7 The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the she, ARTICLE 5 BONDS, INSURANCE AND INDEMNIFICATION. 5.1 N/A. 5.2. Licensed Sureties and Insurers 5.2.1. All Bonds and Insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained, from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Special Conditions, if any. The surety and insurance companies providing any coverages on this Project shall have and maintain during the term of this Agreement a minimum A.M. Best (Best's Key Rating Guide) rating classification of "A.". 5.3 Certificates of Insurance 5.3.1 CONTRACTOR shall deliver to OWNER, with copies to each Additional Insured identified in the Special Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 5.3.2. The CONTRACTOR shall file policies and/or certificates of insurance, in duplicate, for all coverages required with the OWNER and the ENGINEER, naming the OWNER and the ENGINEER as Certificate Holders. Addresses of OWNER and ENGINEER must also be shown. 5.3.3 The certificate of insurance shall show that all coverages are provided on an occurrence basis and shall indicate the aggregate limit available for this Project as of the date the certificate is issued. Binders will be accepted as evidence of coverage_for only the first ninety (90) days and cannot be renewed or extended beyond that time. 5.3.4. All insurance policies and certificates of insurance must include a provision stating a minimum thirty (30) days' prior written notice will be provided to the OWNER and ENGINEER for any The CONTRACTOR shall cease operations upon the occurrence of any such cancellation, non renewal, material change, or reduction of coverage, and shall not resume operations until satisfactory replacement insurance is provided, coverage is effective and certificates of insurance are received. 5.4 CONTRACTOR's Liability Insurance 5.4.1 CONTRACTOR shall purchase and maintain such liability and other insurance as is required for the Work being performed and Tarnished and that will provide protection from claims which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or 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 which are applicable to the Work to be performed, including: 5.4.1.1 claims under workers' compensation disability benefits and other similar employee benefit acts which are applicable to the Work to be performed including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for the mandatory coverage for the duration of the Project. In case any such Work is sublet, the CONTRACTOR shall require the Subcontractor to provide insurance for all employees of the Subcontractor engaged in such Work unless such employees are covered by the coverage afforded by the CONTRACTOR's insurance. 5.4.1.1.1 If any Work under this Agreement involves activities within the scope of the United States Long Shoremen's and Harbor Worker's Act and/or the Jones Act, coverage for such exposure shall be provided with a minimum limit of $1,000,000 per occurrence. 5.4.1.2 claims for damages because of bodily injury, occupational sickness or disease or death of CONTRACTOR's employees, or persons or entities excluded by statute from the requirements of 5.4.1.1, but required by the Contract Documents to provide the insurance required therein; 5.4.1.3 claims for damages because of bodily injury, sickness or disease or death of any person other than CONTRACTOR's employees; 5.4.1.4 claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR or (ii) by any other person for any other reason; 5.4.1.5 claims for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.4.1.6 claims for bodily injury or property damage arising out of completed operations; and 5.4.1.7 claims involving contractual liability insurance applicable to the CONTRACTOR'S obligations under the indemnification requirements of paragraph 5.11 of the General Conditions. 5.4.2 Contractor shall purchase and maintain commercial general liability and commercial automobile liability insurance during the entire term of this Agreement. The policies shall he based on terms commonly referred to in the insurance industry as an occurrence coverage foot (Claims made policy forms are not acceptable.) GC-10 (Quote Form) 5.4.2.1 The certificate of insurance for commercial general liability insurance shall indicate the amount of the aggregate limit remaining for this Project as of the date of the certificate. 5.4.2.2 The commercial general liability coverage shall include premises coverage, products and completed operations coverage, personal injury coverage, coverage for explosion, collapse, and underground coverages, broad form property damage and contractual liability coverage to satisfy the indemnification clause in its entirety included in paragraph 5.11 of the General Conditions. 5.4.2.3 The commercial general liability policy must contain the following definition of "insured contract": "That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement." 5.4.2.4 The certificate of insurance shall include this specific language on the certificate of insurance confirming this definition of an insured contract or a certified copy of the policy is to be submitted which includes this definition of an insured contract. 5.4.3 The CONTRACTOR shall purchase and maintain commercial automobile liability coverages for any owned or leased vehicles. Non -owned and hired auto liability coverages shall also be included. 5.4.4 This policy shall cover the total Project and include explosion, collapse, and underground coverages for the entire Work provided by the CONTRACTOR and Subcontractors. 5.4.5 The policy shall stipulate that the "designated CONTRACTOR" includes the CONTRACTOR and all Sub -contractors engaged in the Work. 5.4.6 The original policy shall be submitted to and filed with the OWNER or its designated representative. 5.4.7. Minimum Limits of Insurance: 5.4.7.1 The minimum limits of liability for all coverages in each of the proceeding paragraphs above shall be as follows, unless otherwise specifically required by Law or by the Special Conditions (whichever is greater). Coverages shall be maintained without interruption from the date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. A. Workers Comnensation/Emolover's Liabilitv: Coverage A (Worker's Compensation) - Statutory Coverage B (Employer's Liability) - $1,000,000 / each accident; $1,000,000 Disease -each employee; $1,000,000 Disease -policy limit. This coverage to be valid in all states covered for the Contract Work. B. Commercial General Liability: General Aggregate (except Products/Completed Operations) - $2,000,000; Bodily Injury & Property Damage - $2,000,000 Combined Single Limit/Per Occurrence; Personal/Advertising Injury $2,000,000/occurrence; Products/Completed Operations General Aggregate - $2,000,000; Coverage to include exposures listed in 5.4.2.2; Coverage includes Contractual Liability and Broad Form Property Damage including Completed Operations; Coverage to apply on a "Per Project" basis in order that coverage will not be diminished by unrelated work. C. Commercial Automobile Liability (Owned. Leased. Hired/Non- Owned): Bodily Iniury & Prooertv Damage - $5,000,000 / occurrence All coverages provided above shall be endorsed to include the OWNER, ENGINEER and all Consultants as listed in the Special Conditions as Additional Insured except for A (Worker's Compensation) and will stipulate that this coverage is primary respecting any other coverages the OWNER, ENGINEER or Consultants might have. The additional insured endorsement will include "Completed Operations" of the CONTRACTOR (and any Subcontractor). The coverage requirements apply to all CONTRACTOR'S, Subcontractors, Sub -subcontractors and Suppliers; CONTRACTOR is responsible to verify these requirements for each and every one of its Subcontactors, Sub - subcontractors and Suppliers. 5.4.7.2 If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. 5.4.7.3 If the aggregate liability limits required by this Agreement for any policy subsequently fall below the aggregate limits required by this Agreement for this Project, immediate steps shall be taken to effect reinstatement of the minimum aggregate liability limits required by this Agreement. A revised certificate of insurance, in compliance with paragraph 5.3.2, is required to confirm compliance with this requirement. Any additional premiums resulting from such reinstatement shall be at no additional cost to OWNER. 5.4.7.4 Upon specific request by OWNER or ENGINEER, the original policy shall be filed with the OWNER or his designated representative within thirty (30) days of request. 5.4.7.5 With respect to products and/or completed operations insurance coverage, will remain in effect for at least three (3) years after final payment (and CONTRACTOR shall famish OWNER, and each other insured identified in the General Conditions to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such other insured or additional insured of continuation of such insurance at final payment and three (3) year thereafter). 5.4.8.1 These coverage requirements and minimum coverage limits are to provide the minimum acceptable insurance coverages and their existence does not in any way limit or reduce the CONTRACTOR'S or Subcontractor's indemnity obligations under the Contract Documents. 5.4.8.2 No representation or warranty is made by the OWNER or ENGINEER regarding the sufficiency or adequacy of the insurance requirements, coverages or limits stated in the Contract Documents. The CONTRACTOR and Subcontractors are advised to consult with their respective insurance agents or professional advisors to determine their coverage needs and requirements. 5.5 OWNER's Liability Insurance. 5.5.1 In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own GC-11 (Quote Form) liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.6 Property Insurance 5.6.1 CONTRACTOR shall purchase and maintain property insurance / builder's risk insurance upon the Work at the site of the Project in the amount of the full replacement cost thereof, except for the errors and omissions of the ENGINEER. 5.6.1.1 The CONTRACTOR shall purchase and maintain special form coverage and include demolition occasioned by enforcement of Laws and Regulations; earthquake; water damage; and such other perils as may be specifically required by the General Conditions Builders Risk Property Insurance upon the Work at the site to the full insurable replacement cost value thereof, including underground pipelines. The CONTRACTOR shall also purchase and maintain special form coverage and include demolition occasioned by enforcement of Laws and Regulations; earthquake; water damage; and such other perils as may be specifically required by the General Conditions on any property, whether real property or personal property, whether or not it is located at the site or in transit, in which the OWNER and/or ENGINEER have an insurable interest as evidenced by current Estimates, or other terms of this Agreement, and include the interests of OWNER, CONTRACTOR, Subcontractors of any tier, ENGINEER, ENGINEER'S Consultants and any other persons or entities identified in the General Conditions, each of whom is deemed to have an insurable interest and shall be listed as an additional insured. 5.6.1.2 This coverage is to be provided on a separate Builders Risk completed value policy, with special form coverage. This insurance shall: 5.6.1.2.1 include expense incurred in the repair or replacement of any insured property (including, but not limited to, fees and charges of ENGINEERS and architects); 5.6.1.2.2 cover materials, property, and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work; 5.6.1.2.3. be maintained in effect until final payment and settlement is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with thirty (30) days written notice to each other additional insured to whom a certificate of insurance has been issued prior to the cessation of such coverage. 5.6.2 CONTRACTOR shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Special Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Special Conditions each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.6.3 All the policies of insurance (and the certificates or other evidence thereoO required to be purchased and maintained by OWNER in accordance with paragraphs 5.5 and 5.6 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.7. of any deductible amounts that are identified in the Special Conditions. The risk of loss within such identified deductible amount, will be home by CONTRACTOR. Subcontractor or others suffering any such loss and if any of them wishes properly insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.6.5 If OWNER requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.5 or 5.6, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance is required by OWNER. 5.6.6 The OWNER and ENGINEER (and others if required by special provisions in the Contract Documents), shall be named as additional insureds on the insurance. All parties insured shall receive a certified copy of the insurance policy prior to commencement of work. The original policy and a copy thereof shall be filed with the OWNER or his designated representative. 5.7. Waiver of Riehts. 5.7.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 will protect OWNER, CONTRACTOR, Subcontractors and ENGINEER and all other persons or entities identified in the General Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage, the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees, and agents for all losses and damages caused by, arising outof, or resulting from any of the. perils .covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and ENGINEER and all other persons or entities identified in the General Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such a waiver may have to the proceeds of insurance held by CONTRACTOR as trustee or otherwise payable under any policy so issued. The property insurance policies shall be modified to reflect and approve this waiver of subrogation rights. However, this waiver shall not apply to losses arising out of errors or omissions of the ENGINEER, ENGINEER's Consultants or Sub -Consultants, that are not covered by the Builder's Risk policy. 5.8 Receipt and Application of Insurance Proceeds. 5.8.1 Any insured loss under the policies of insurance required by paragraph 5.5 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.8.2. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.8.2 OWNER as fiduciary shall have power to adjust and settle any 5.6.4 OWNER shall not be responsible for purchasing and loss with the insurers unless one of the parties in interest shall object maintaining any property insurance to protect the interests of in writing within fifteen (15) days after the occurrence of loss to CONTR 4 CTOR. Suboomractors or others On the Work to the extent n%Fldpv-� np H,M� fP M-;— h, 1'. -lace GC-12 (Quote Form) OWNER m fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. 5.9 Acceptance of Bonds and Insurance: Option to Replace: 5.9.1 If OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to he purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten (10) days after receipt of the certificates (or other evidence requested) required by paragraph 2.5. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization -Property Insurance 5.10.1 If the OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the OWNER and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance. shall not be cancelled, reduced, limited, excluded, or lapsed on account of such partial occupancy. Consent of the CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. Coverage shall be maintained by CONTRACTOR until the OWNER agrees to provide this coverage or the completion of this and all terms of this agreement, whichever is later. 5.11 Indemnification 5.11.1 To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor; any Supplier, 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 caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 5.11.2 In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or famish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 5.11 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 5.11.3 The indemnification obligations of CONTRACTOR under paragraph 5.11 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. 5.11.4 All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Sungrintendence 6.1.1 CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies with the Contract Documents. 6.1.2 CONTRACTOR shall keep on the Work 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 to the superintendent shall be as binding as if given to CONTRACTOR. 6.2 Labor, Materials and Equipment 6.2.1 CONTRACTOR shall provide competent. suitably qualified personnel to survey, layout and construct the Work as required by the Contract Documents. CONTRACTOR shall at all limes maintain good discipline and order at the site. 6.2.2 Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise 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. 6.3 GC-13 (Quote Form) 6.3.1 Unless otherwise specified in the Contract Documents, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the famishing, performance, testing, start-up and completion of the Work. 6.3.2 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 Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall famish 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 instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 6.4 Progress Schedule 6.4.1 CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.4.1.1 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.7) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.4.1.2 Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.2. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.5 Substitutes and "Or-Emal" Items 6.5.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Specification or description is intended to establish the type, function and quality required. Unless the Specification or description contains or is followed by words reading that no like equivalent or `or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.5.1.1 "Or-Eauar': If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an `or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.5.1.2 Substitute /fetus: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an `or -equal" item under subparagraph 6.5.1.1, it will be considered a proposed substitute item. 6.5.1.2.1 CONTRACTOR shall submit sufficient information. as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. 6.5.1.2.2 The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. 6.5.1.2.3 Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. 6.5.1.2.4 If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will: (i) perform adequately the functions and achieve the results called for by the general design, (ii) be similar in substance to that specified and (iii) be suited to the same use as that specified. 6.5.1.2.5 The application will state: (i) the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, (ii) whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and (III) whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. 6.5.1.2.6 All variations of the proposed substitute from that specified will: be identified in the application and available maintenance, repair and replacement service will be indicated. 6.5.1.2.7 The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other CONTRACTORS affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to famish additional data about the proposed substitute. 6.5.1.2.8 CONTRACTOR's Expense: All data to he provided by CONTRACTOR in' support of any proposed `or -equal" or substitute item will be at CONTRACTOR's expense. 6.5.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.5.1.2. 6.5.3. ENGINEER's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.5.1.2 and 6.5.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. 6.5.4 OWNER may require CONTRACTOR to famish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. 6.5.5 ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.5.1.2 and 6.5.2 and in making changes in the Contract Documents (or in the GC-14 (Quote Form) provisions of any other direct contract with OWNER for work. on the Project) occasioned thereby. 6.5.6 Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.6 Concerning Subcontractors. Suppliers and Others 6.6.LCONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.6.2), 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. 6.6.2 If the General or Special Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in advance of the specified date 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 General or Special Conditions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other 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, 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_organizationshall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.6.3 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the 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 for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to payor 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. 6.6.4 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. 6.6.5 CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. account of the particular Sub -contractor's, Supplier's, other person's, or other organization's work. 6.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.6.7 All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.5 or 5.6, the agreement between the CONTRACTOR and the Subcontractor or/Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR and ENGINEER and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.7 Patent Fees and Royalties 6.7.1 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 paymentof any license fee or royalty to others, theexistence of such rights shall be disclosed in the Contract Documents. 6.7.2 To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. 6.8 Permits 6.8.1 Unless otherwise provided in the Special Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Quotes, or, if there are no Quotes, on the Effective Date of the Agreement. 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. 6.9 Laws and Regulations 6.6.5.1 OWNER or ENGINEER may famish to any such 6.9.1. CONTRACTOR shall give all notices and comply with all Subcontractor, Supplier, or other person or organization, to the extent Laws and Regulations applicable to furnishing and performance of practicable, information about amounts paid to CONTRACTOR in the Work. Except where otherwise expressly required by applicable accordance with CONTRACTOR'c pnlicatinnc for Payment on Laws and Regulations, neither OWNER nor ENGINEER shall be GC-15 (Quote Form) responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.9.2. if CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 3.3.2. 6.10 Taxes 6.10.1 Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas 6.11.1 Limitations on Use of Site and Other Areas 6.11.1.1 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents 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 adjacent land or areas, resulting from the performance of the Work. 6.11.1.2 Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by y arbitration or other dispute resolution proceeding or at law. 6.11.1.3 CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.11.2 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 materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.11.3 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents 6.12.1 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written and written interpretations and clarifications (issued pursuant to paragraph 9.3.4) 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 he available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection 6.13.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.13.1.1 all persons on the Work site or who may be affected by the Work; 6.13.1.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.13.1.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. 6.13.2 CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for 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 and 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. 6.13.3 All damage, injury or loss to any property referred to in paragraph 6.13.1.2 or 6.13.1.3 caused, directly or indirectly, in whole - or in part, by CONTRACTOR, any Subcontractor, 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 ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). 6.13.1.4 CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.7.2 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative 6.14.1 CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. GC-6. l5 Hazard Communication Programs 6.15.1 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard GC-16 (Quote Form) exchanged between or among employers at the site in accordance with Laws or Regulations. 6.16 Emergencies 6.16.1 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 OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.17 Shot) Drawings and Samples 6.17.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.7). 6.17.1.1 Shop Drawings 6.17.1.1.1 All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. 6.17.1.1.2 The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.4. 6.17.1.2 Samples: CONTRACTOR shall also submit Samples to ENGINEER for .review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. 6.17.1.2.1 Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.4. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.17.2 Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.7, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. 6.17.3 Submittal Procedures 6.17.3.1 Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.17.3.1.1 all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.17.3.1.2 all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.17.3.1.3 all information relative to CONTRACTOR'S sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. 6.17.3.1.4 shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.17.3.2 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.17.3.3 Al the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.17.4 ENGINEER's Review 6.17.4.1 ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.7. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 6.17.4.2 ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.17.4.3 ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.17.3.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.3.1. 6.17.5 Resubmittal Procedures 6.17.5.1 CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work 6.18.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.4 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee GC-17 (Quote Form) 6.19.1 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with- the Contract Documents and will not be defective. ENGINEER and its Related Entities shall be entitled to rely on representation of CONTRACTOR's warranty and guarantee. 6.19.2 CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.19.2.1 abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.19.2.2 normal wear and tear under normal usage. 6.19.3 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR' obligation to perform the Work in accordance with the Contract Documents: 6.19.3.1 observations by ENGINEER; 6.19.3.2 recommendation of any progress or final payment by ENGINEER; 6.19.3.3 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.19.3.4 use or occupancy of the Work or any part thereof by OWNER; 6.19.3.5 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.7.2; 6.19.3.6. any inspection, test or approval by others; or 6.19.3.7 any correction of defective Work by OWNER. 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 paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.1.3 If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other work. 7.2 Coordination 7.2.1 If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Special Conditions: 7.2.1.1 the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime CONTRACTORS will be identified; 7.2.1.2 the specific matters to be covered by such authority and responsibility will he itemized; and 7.2.1.3 the extent of such authority and responsibilities will he provided. 7.2.2 Unless otherwise provided in the Special Conditions, OWNER shall have sole authority and responsibility In respect of such coordination. ARTICLE 7 7.3.2 Should CONTRACTOR cause damage to the Work or property OTHER WORK of any separate contractor at the site, or should any claim arising out 7.1 Related Work at Site of CONTRACTOR's performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER and 7.1.1 OWNER may perform other work related to the Project at the ENGINEER, or any other person, CONTRACTOR shall promptly site by OWNER's own forces, or let other direct contracts therefor attempt to settle with such other contractor by agreement, or to which shall contain General Conditions similar to these, or have other otherwise resolve the dispute. CONTRACTOR shall, to the fullest work performed by utility owners. If the fact that such other work is extent permitted by Laws and Regulations, indemnify and hold to be performed was not noted in the Contract Documents, then: OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of 7.1.1.1 written notice thereof will be given to CONTRACTOR prior engineers, architects, attorneys and other professionals and court to starting any such other work, and costs) arising directly, indirectly or consequentially out of any action, 7.1.1.2 CONTRACTOR may make a claim therefor as provided in legal or equitable, brought by any separate CONTRACTOR against Article 12 if CONTRACTOR believes that such performance will OWNER or ENGINEER to the extent based on a claim arising out of involve additional expense to CONTRACTOR or requires additional CONTRACTOR's performance of the Work. Should a separate time and the parties are unable to agree as to the amount or extent contractor cause damage to the Work or property of CONTRACTOR thereof. or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute 7.1.2 CONTRACTOR shall afford each other contractor who is a any action, legal or equitable, against OWNER or ENGINEER or party to such a direct contract and each utility owner (and OWNER, permit any action against any of them to be maintained and continued if OWNER is performing the additional work with OWNER's in its name or for its benefit in any court or before any arbiter which employees) proper and safe access to the site and a reasonable seeks to impose liability on or to recover damages from OWNER or opportunity for the introduction and storage of materials and ENGINEER on account of any such damage or claim. If equipment and the execution of such other work and shall properly CONTRACTOR is delayed at any time in performing or furnishing connect and coordinate the Work with theirs. Unless otherwise Work by any act or neglect of a separate contractor, and OWNER provided in the Contract Documents, CONTRACTOR shall do all and CONTRACTOR are unable to agree as to the extent of any cutting, fitting and patching of the Work that may be required to adjustment in Contract Time attributable thereto, CONTRACTOR make its several parts come together properly and integrate with such may make a claim for an extension of time in accordance with Article GC-18 (Quote Form) 12. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER or ENGINEER for any delay, disruption, interference, or hindrance caused by any separate CONTRACTOR. ARTICLE 8 OWNER'S RESPONSIBILITIES 8.1 Communication to Contractor 8.1.1 Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2 Replacement of ENGINEER 8.2.1 In case of termination of the employment of ENGINEER, OWNER shall appoint an ENGINEER against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3 Furnish Data 8.3.1 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.2 and 14.3. 8.4 Lands and Easements: Reports and Tests 8.4.1 OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.6. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5 Insurance 8.5.1 Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.6 Change Orders 8.6.1 OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7 Inspections, Tests and Approvals 8.7.1 OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.3 8.8. Limitations on Owner's Resnonsibilities 8.8.1 The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of constmction or the safety precautions and: programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition 8.10.1 OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.6. ARTICLE 9 9.1 OWNER's Representative 9.1.1 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. 9.2 Visits to Site: 9.2.1 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. 9.2.2 ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.9, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. 9.3 Project Representative 9.3.1 If OWNER and ENGINEER agree, ENGINEER will famish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.9 and in the Special Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Special Conditions. 9.3.2 Duties and Responsibilities The Resident Project Representative (hereafter referred to as RPR) will: 9.3.2.1 Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability of the same; 9.3.2.2 Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconsmaclion conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof; 9.3.2.3 Liaison: GC-19 (Quote Form) 9.3.2.3.1 Some as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR' operations affect OWNER's on -site operations. 9.3.2.3.2 Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 9.3.2.4 Shoo Drawings and Samples: a. Record date of receipt of Shop Drawings and Samples. b. Receive Samples which are famished at the site by CONTRACTOR, and notify ENGINEER of availability of Samples for examination. c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of defective Work, Inspections and Tests: a. Conduct onsite observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty, or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test, or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be recovered for observation, or requires special testing, inspection, or approval. c. Verify that tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel and that CONTRACTOR maintains adequate records thereof; and observe, record, and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectators representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to ENGINEER. 6. Interpretation of Contract Documents: Reports to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: 9.3.2.4.1 Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 9.3.2.4.2 Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors. dailv activities_ decicinnc �h�...., fl.. t., ­., 1 ..-A specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 9.3.2.5 Record names, addresses, and telephone numbers of all CONTRACTORS, Subcontractors and major suppliers of material and equipment. 9.3.2.6. Reports: 9.3.2.6.1 Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. 9.3.2.6.2 Consult with ENGINEER in advance of scheduled major tests, inspections, or start of important phases of the Work. 9.3.2.6.3 Draft Proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR, and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 9.3.2.6.4 Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 9.3.2.7 Payment Requests: Review Applications for Payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.8 Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals, and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 9.3.2.9 Completion: 9.3.2.9.1 Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 9.3.2.9.2 Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 9.3.2.9.3 Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitations of Authority - Resident Project Representative shall not: 9.3.3.1 authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 9.3.3.2 exceed limitations of ENGINEER's authority as set forth in the Contract Documents. 9.3.3.3 undertake any of the responsibilities of CONTRACTOR, Subcontractors, or CONTRACTOR's superintendent. 9.3.3.4 advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 9.3.3.5 advise on, issue directions regarding or assume control over GC-20 (Quote Form) 9.3.3.6 accept Shop Drawing or Sample submittals from anyone other than CONTRACTOR. 9.3.3.7 authorize OWNER to occupy the Project in whole or in part. 9.3.3.8 participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. 9.3.4 Clarifications and Interuretations 9.3.4.1 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. 9.3.4.2 If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 12. 9.4 Authorized Variations in Work 9.4.1 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 12. 9.5 Rejecting Defective Work 9.5.1 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9 whether or not the Work is fabricated, installed or completed. 9.6 Shoo Drawings, Change Orders and Payments 9.6.1 In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. 9.6.2 In connection with ENGINEER's authority as to Change Orders, see Articles 10 and 12. 9.6.3 In connection with ENGINEER's authority as to Applications for Payment, See Article 14. 9.7 Determinations for Unit Prices 9.7.1 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER'S written decision thereon will within ten (10) days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and formal proceeding is instituted by the appealing party in a foram of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.8 Decisions on Disputes 9.8.1 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Article 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty (30) days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty (60) days after the start of such occurrence or event or thirty (30) days after the initial required notice, unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty (30) days after receipt of the claimant's last submittal (unless ENGINEER allows additional time), ENGINEER will render a formal decision in writing within thirty (30) days after receipt of the opposing parry's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless e written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty (30) days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within thirty (30) days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.8.2 When functioning as interpreter and judge under paragraphs 9.7 and 9.8, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith. The rendering of a decision by ENGINEER pursuant to paragraphs 9.7 or 9.8 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.2.2.4) will be a condition precedent to any exercise by OWNER or CONTRACTOR of payment as provided in paragraph 14.2.2.2) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.9 Limitations on Engineer's Authoritv and Responsibilities 9.9.1 Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by GC-21 (Quote Form) ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.9.2 ENGINEER will not supervise, direct, control, or have authority over, or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.9.3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.9.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.7.1.1 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents. 9.9.5. The limitations upon authority and responsibility set forth in this paragraph 9.9 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10 CHANGES IN THE WORK 10.1 Authorized Changes in the Work 10.1.1 Without invalidating the Agreement and without notice to any surety, OWNER may; at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.1.2 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 12. 10.2 Unauthorized Changes in the Work 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.4 except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.4. 10.3 Execution of Change Orders 10.3.1 OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.3.1.1 changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.8 or correcting defective Work under paragraph 13.9, or (iii) agreed to by the parties; 10.3.1.2 changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.3.1.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.8; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18. 10.4 Notification to Surety 10.4.1 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 COST OF THE WORK; ALLOWANCES AND UNIT PRICES 11.1 Cost of the Work 11.1.1 The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.2: ILLI.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full time at the site, Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent previously authorized by OWNER. 11.1.1.2 Cost of all materials and equipment famished and property incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.1.1.3. Payments made by CONTRACTOR to the Subcontractors for Work Performed or famished by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive Quotes from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such Quotes to OWNER who will then determine, with the advice of ENGINEER, which Quotes, if any, will be accepted. If any GC-22 (Quote Form) subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs I1.1.1, 11.1.2, 11.1.3 and 11.1.4. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.1.1.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.1.1.5 Supplemental costs including the following; 11.1.1.5.1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.1.1.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.1.1.5.3 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 the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.1.1.5.4 Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.1.1.5.5 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. 11.1.1.5.6 Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6), 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 paragraph I I.1.3. . 11.1.1.5.7 The cost of utilities, fuel and sanitary facilities at the site. 11.1.1.5.8 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. 11.1.1.5.9 Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.1.2 The term Cost of the Work shall not include any of the following: 11.1.2.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.1.1.1 or specifically covered by paragraph 11.1.1.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.1.2.2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.1.2.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.1.2.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.1.1.5.9 above). 11.1.2.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.1. 11.1.3 The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.1.3. l a fixed fee of ten percent (10%); or 11.1.3.2 for costs incurred under paragraph 11.1.1.1, the CONTRACTOR's fee shall be five percent (5%); 11.1.3.3 where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs II.I.I.I, 11.1.1.2, and 11.1.1.3 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of ten percent (10%) of the costs incurred by such Subcontractor under paragraphs II.I.I.I and 11.1.1.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor; 11.1.3.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.1.1.4, 11.1.1.5 and 11.1.2; 11.1.3.5 the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent (5°/u) of such net decrease; and 11.1.3.6 when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.3.1 through 11.3.5, inclusive. 11.1.4 Whenever the cost of any Work is to be determined pursuant to paragraphs 11.1.2 and 11.1.3, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in forth acceptable to ENGINEER an itemized cost breakdown together with supporting data. GC-23 (Quote Form) 11.2 Allowances 11.2.1 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. 11.2.2 CONTRACTOR agrees that: 11.2.2.1 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 11.2.2.2 CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. 11.2.3 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 allowances, and the Contract Price shall be correspondingly adjusted. 11.3 Unit Price Work 11.3.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. 11.3.2 The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Quotes and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.7. 11.3.3 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.1.3.4 The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 11.3.4.1 If the total cost of a particular item of Unit Price Work amounts to five percent (5%) or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than twenty percent (20%) from the estimated quantity of such item indicated in the Agreement; and 11.3.4.2 If there is no corresponding adjustment with respect to any other item of Work; and 11.3.3.3 If CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 12 if the parties are unable to agree as to the effect of and such variation in the quantity of Unit Price Work performed. ARTICLE 12 CHANGES OF CONTRACT PRICE AND TIMES 12.1 Chanee of Contract Price 12.1.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 12.1.2 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after the start of such occurrence or event or thirty (30) days after the required Notice, (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 12.1.2. 12.2 The value of any work covered by a Change Order, any claim for an adjustment in the Contract Price, or any claim for damages shall be determined in one of the following ways: 12.2.1 where the Work involved is covered by Unit Prices contained in the Contract Documents, by application of such Unit Prices to the quantities of the items involved (subject to the provisions of paragraphs 11.3; 12.2.2 where the Work involved is not covered by Unit Prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.3); 12.2.3 where the Work involved is not covered by Unit Prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.2.1, on the basis of the Cost of the Work (determined as provided in paragraphs I1.1 and 11.2) plus a CONTRACTOR's fee for overhead and profit of ten percent (10%) total (determined as provided in paragraph 11.3). 12.2 Chanaes of Contract Time 12.2.1 The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty (60) days after such occurrence or not later than thirty (30) days from the required Notice (unless, ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. 12.2.2 All claims for adjustment in the Contract Times (or Milestones) shall he determined by ENGINEER in accordance with paragraph 9.8 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or GC-24 (Quote Form) Milestones) will be valid if not submitted in accordance with the requirements of this paragraph. 12.3 Delays 12.3.1 All Contract Times (or Milestone) stated in the Contract Documents are of the essence of the Agreement. 12.3.2 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made as provided in paragraph 12.L Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other CONTRACTORS performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a CONTRACTOR's Subcontractor(s) or Supplier(s) shall be deemed to be delays within the control of CONTRACTOR. 12.3.3 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, (ii) delays caused by or within the control of OWNER or (iii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other CONTRACTORS performing other work as contemplated by Article 7. ARTICLE-13 — - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Notice of Defects 13.1.1 Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, oomected or accepted as provided in this Article 13. 13.2 Access to Work 13.2.1 OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them 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. 13.3 Tests and Inspections 13.3.1 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.3.2.1. for inspections, tests or approvals covered by paragraphs 13.3.3 and 13.3.4 below; 13.3.2.2 that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.4 below shall be paid as provided in said paragraph 13.4; and 13.3.2.3 as otherwise specifically provided in the Contract Documents. 13.3.3. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and famish ENGINEER the required certificates of inspection; or approval. 13.3.4 CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.5 If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.3.6 Uncovering Work as provided in paragraph 13.3.5 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.4 Uncovering Work 13.4.1 if any Work is covered contrary to the written request of ENGINEER, it must, if requested, by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.4.2 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. 13.4.3 If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others and attorneys' fees); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 12. 13.4.4 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 Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article12. 13.5 OWNER May Stoo the Work GC-25 (Quote Form) 13.5.1 If the Work is 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 surety or other party. 13.6 Correction or Removal of Defective Work 13.6.1 If required by ENGINEER, 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 ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others and attorneys' fees). 13.7 Correction Period 13.7.1. If within three (3) years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: 13.7.1.1 correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and 13.7.1.2 satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and attorneys' fees) will be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.7.4 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.7, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. If the defective work is completed or repaired in the third year. 13.8 Acceptance of Defective Work 13.8.1 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment) prefers to accept it, OWNER may do so: CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). 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, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 12. If the acceptance occurs after such recommendation, an appropriate amount will he paid by CONTRACTOR to OWNER. 13.9 OWNER May Correct Defective Work 13.9.1 If CONTRACTOR fails within seven (7) days after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.6, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may correct and remedy any such deficiency. 13.9.2 In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in The Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other CONTRACTORS and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. 13.9.3 All claims, costs, losses and damages including attorneys' fees incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 12. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work including attorneys' fees. 13.9.4 CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.1. The schedule of values established as provided in paragraph 2.7 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.2 Application for Progress Payment 14.2.1 At least twenty (20) days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an GC-26 (Quote Form) covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. 14.2.2 Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 14.2.3 The amount of retainage with respect to progress payments will be as stipulated in the Agreement. As a requisite for payment of any current estimate, the CONTRACTOR will be required to execute the CONTRACTOR's Progress Affidavit or Waiver - on Exhibit E attached to the Agreement, and have the same properly notarized. 14.2.2 Review of Applications for Progress Payment 14.2.2.1 ENGINEER will, within ten (10) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Thirty (30) days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will, subject to the provisions of paragraph 14.2.2.5, become due and paid by OWNER to CONTRACTOR. 14.2.2.2 ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.2.2.2.1 the Work has progressed to the point indicated, 14.2.2.2.2 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.7, and to any other qualifications stated in the recommendation), and 14.2.2.2.3 the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 14.2.2.3 however, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in -the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to he paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.2.2.4 ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or famish Work in accordance with the Contract Documents. 14.2.2.5 ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.2.2.2. 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: 14.2.2.5.1 the Work is defective; or completed Work has been damaged requiring correction or replacement, 14.2.2.5.2 the Contract Price has been reduced by Written Amendment or Change Order, 14.2.2.5.3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.9, or 14.2.2.5.4 ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.2.1.1. 14.2.2.6 OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.2.2.6.1 claims have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work, 14.2.2.6.2 Liens or claims have been filed in connection with the Work, 14.2.2.6.3 there are other items entitling OWNER to a set-off against the amount recommended, or 14.2.2.6.4 OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.2.2.5.1 through 14.2.2.5.3 or paragraphs 15.2.1.1 through 15.2.1.4 inclusive; 14.2.2.7 OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 14.3 CONTRACTOR's Warranty of Title 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.4 Substantial Completion 14.4.1 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. 14.4.2 Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of comnletion. If ENGINEER does nor GC-27 (Quote Form) consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. 14.4.3 If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven (7) days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen (14) days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen (14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. 14.4.4 At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on. OWNER and CONTRACTOR until final payment. 14.4.5 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.5 Partial Utilization 14.5.1 Use by OWNER at OWNER's option of any substantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ill OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.5.1.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 14.5.1.2 CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 14.5.1.3 Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.4 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.5.1.4 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and 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 will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such lists to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.6 Final Inspection 14.6.1 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.7 Final Payment 14.7.1 Application for Payment 14.7.1.1 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.12) and other documents; CONTRACTOR may make application for final payment following the procedure for progress payments. 14.7.1.2 The final Application for Payment shall be accompanied (except as previously delivered) by: Ill all documentation called for in the Contract Documents including but not limited to the evidence of insurance required by subparagraph 5.4.13, (if) consent of the surety, if any, to final payment, and (ill) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work, as attached. 14.7.1.3 In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may famish receipts or releases in full GC-28 (Quote Form) include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property in any way be responsible have been paid or otherwise satisfied. (if any Subcontractor or Supplier fails to furnish such, a release or receipt in full, CONTRACTOR may furnish a Bond or other Collateral satisfactory to OWNER to indemnify OWNER against any Lien. As a requisite for payment of the final estimate, the CONTRACTOR will be required to sign the CONTRACTOR's Affidavit on the form attached herein, and have the same properly notarized. 14.7.2 -Final Payment and Acceptance 14.7.2.1 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents, have been fulfilled, ENGINEER will within ten (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. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.9. 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 14.7.3 Thirty (30) days after the presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.8 Final Completion Delayed 14.8.1 If, through no fault of CONTRACTOR. final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment 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 paragraph 5.1 the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall, be made under the terms and conditions governing final, payment, except that it shall; not constitute a waiver of claims. 14.9 Waiver of Claims 14.9.1 The making and acceptance of final payment will constitute 14.9.1.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.6 from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.9.1.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made, in writing and still unsettled. SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work 15.1.1 At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety (90) consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an extension of the Contract Times directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Article 12. 15.2 OWNER's Right to Terminate for Cause 15.2.1 The occurrence of anyone or more of the following events will justify termination for cause: 15.2.1.1 if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.7 as adjusted from time to time pursuant to paragraph 6.4); 15.2.1.2 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.1.3 if CONTRACTOR disregards the authority of ENGINEER; or 15.2.1.4 if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; 15.2.2 If any of the events identified in 15.2.1 exist, OWNER may, after giving CONTRACTOR (and the surety, if any,) seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, 15.2.2.1 exclude CONTRACTORfromthe site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), 15.2.2.2 incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and 15.2.2.3 finish the Work as OWNER may deem expedient. 15.2.3 In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, damages and attorney's fees sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, attorneys fees and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.2.4 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. GC-29 (Quote Form) 15.3 OWNER'S Right to Terminate for Convenience 15.3.1 Upon seven (7) days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and for OWNER'S sole convenience and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement for its sole convenience and benefit. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.3.1.1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such completed and accepted Work, only; 15.3.1.2 for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents, plus fair and reasonable sums for overhead and profit on such expenses; 15.3.1.3 for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.3.1.4 CONTRACTOR shall not be paid on account of loss of anticipated profits of revenue or other economic loss or other consequential damages arising out of or resulting from such termination. 15.4 CONTRACTOR May Stop Work or Terminate 15.4.1 If, through no act or fault of CONTRACTOR, (i) the Work is suspended for a period of more than ninety (90) consecutive days by OWNER or under an order of court or other public authority, or (ii) ENGINEER fails to act on any Application for Payment within thirty (30) days after it is submitted or (iii) OWNER fails for thirty (30) days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven (7) days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, stop the Work until payment of all such amounts due CONTRACTOR. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Article 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR'S stopping Work as permitted by this paragraph. ARTICLE 16 DISPUTE RESOLUTION ARTICLE 17 MISCELLANEOUS 17.1 Giving Notice 17.1.1 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 to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2 Computation of Times 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. 17.3 Notice of Claim 17.3.1 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error or 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 paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4 Cumulative Remedies 17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 17.5 Professional Fees and Court Costs Included 17.5.1 Whenever reference is made to claims, costs, losses and damages, it shall include in each case, but not he limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left. blank intentionally.] 1652259 GC-30 (Quote Form) GC-31 PART C TECHNICAL SPECIFICATIONS SECTION 01010 DEFINITION OF CONTRACT ITEMS PART 1 GENERAL 1.01 FOREWORD A. This Section describes the various Contract Items listed in the Bid. 1.02 WORK INCLUDED A. Under each Item, the Contractor shall furnish all labor, materials, tools, plant equipment, supplies, maintenance of equipment, heating, lighting and power, insurance and bonds, coordination, and all work that may be specifically described and included under the respective Items and necessary to complete the work in accordance with the obvious or expressed intent of the Contract Documents. 1.03 WORKMANSHIP AND MATERIALS A. The quality of workmanship and materials entering into any and all of the Items and the work included shall conform to pertinent sections, paragraphs, sentences, and clauses, both directly and indirectly applicable thereto, contained in the Contract Documents, whether or not direct reference to such occurs under each Item in this Section. 1.04 PAYMENT A. The lump sum and unit prices stated in the Bid shall be payment in full for the completion of all work specified and described or required to be included in the Contract, complete, and ready for use. PART 2 PRODUCTS None. PART EXECUTION None. PART 4 SPECIAL PROVISIONS 4.01 CONTRACT ITEMS A. The contract items are defined on the following pages. 2022 36-Inch Sewer Lining Section 01010 - 1 Definition of Contract Items 1.01 iXr➢] 2.01 2.02 3.01 A. 3.02 B. ITEM 1 MOBILIZATION, DEMOBILIZATION, ADMINISTRATION, MISC. DESCRIPTION A. This Item shall include anything necessary to perform the Work that is not included in other bid items including, but not limited to, administration costs, insurance, permits, moving equipment in and out, utility connection costs, cleanup, submittals, etc. PAYMENT A. Item 1 shall be paid on a lump sum basis. ITEM 2 36-INCH SEWER LINER DESCRIPTION A. This Item includes furnishing and installing CIPP liner in a 36-Inch sewer, generally as described in Section 02766 and elsewhere. B. Each lineal foot of liner shall also include the following items, which will not constitute any extra cost to the Owner: 1. Furnishing and installing a pre -liner, spot lining, and/or any other steps necessary to mitigate existing leaks prior to lining. 2. Sewer cleaning (up to three passes with a high-pressure hydro -jetting system). 3. Bypass pumping, dewatering, and/or plugging necessary to line the sewer. 4. Any other ancillary items necessary for complete and satisfactory sewer lining. 2.03 PAYMENT A. The prices shall be for each linear foot of sewer lined. ITEM 3 ALLOWANCE — RESTORATION DESCRIPTION This item consists of a $10,000 allowance to be used for site restoration as described in Section 01021 and elsewhere. PAYMENT Payment of the allowance shall be documented cost of labor and materials for the Work described in Section 01021. Overhead, profit, and other expenses shall not be included in the allowance. END OF SECTION Definition of Contract Items Section 01010 - 2 2022 36-Inch Sewer Lining City of Carmel, Indiana 2022 36-inch Sewer Lining SECTION 01021 ALLOWANCES PART 1 GENERAL 541.7700.002 July 2022 1.01 SCOPE A. This Section includes the allowances which are to be furnished by the Contractor. B. These allowances shall cover the documented cost of labor, materials, and equipment used for the items specified. The Contractor's overhead, profit, and other expenses shall be included in the Contract Price and not in the allowance. C. If the cost, when determined, less than the allowance, the Contract Price shall be adjusted accordingly by Change Order. 1.02 SUBMITTALS A. Upon request, the Contractor shall furnish sufficient invoices and other documentation so that the Owner may verify the cost of the Work. PART 2 PRODUCTS Not used. PART 3 EXECUTION Not used. PART 4 SPECIAL PROVISIONS 4.01 LIST OF ALLOWANCES A. Restoration $10,000 4.02 DEFINITION OF ALLOWANCE A. This allowance shall be used for restoration of grass, landscaping, and roadways disturbed during the Work. END OF SECTION Allowances 01021-1 SECTION 01043 COORDINATION AND CONTROL OF THE WORK PART 1 GENERAL 1.01 SCOPE A. This Section includes coordination and control of the Work. 1.02 SUBMITTALS A. Submittals shall be in accordance with all requirements of Section 01300 and shall include: 1. Information for the Record: a. Bypass Pumping plan and procedures. b. Coordination drawings shall include, but not be limited to, all process piping including, but not limited to, bill of material, laying length, embedded conduit runs, and embedded plumbing lines. 1.03 LINES AND GRADES A. All work under this Contract shall be built in accordance with the lines and grades shown on the Drawings or as altered or modified by authority of the Owner and Engineer. 1.04 EXISTING STRUCTURES SHOWN ON DRAWINGS A. Where underground and surface structures are shown on the Drawings, the location, depth, and dimensions of such structures are believed to be reasonably correct but are not guaranteed. B. Such structures are shown for the information of the Contractor, but information so given is not to be construed as a representation that such structures will in all cases be found or encountered just where shown, or that they represent all the structures which may be encountered. 1.05 COOPERATION OF CONTRACTOR A. The Contractor shall conduct his operations so as to interfere as little as possible with those of the Owner, other contractors, utilities, or any public authority on or near the Work. B. The Owner reserves the right to perform other work by contract or otherwise, and to permit other public bodies, public utility companies, and others to do work on or near the project during progress of the Work. If a conflict arises, the Owner will determine when and how the work shall proceed. C. Claims for delay or inconvenience due to operations of such other parties on work specified, shown on the Drawings, as directed or which can be reasonably expected to be encountered by the nature and location of the Work will not be considered. 1.06 MAINTENANCE OF SANITARY SYSTEM DURING CONSTRUCTION A. All construction which requires interruption of existing sanitary system flow shall be executed during periods designated by the Owner. B. Bypassing of untreated sanitary wastewater to any stream or body of water is prohibited. 2022 36-Inch Sewer Lining Section 01043 - 1 Coordination and Control of the Work 1.07 PERMANENT PAVEMENT AND FINAL RESTORATION A. Permanent pavement and final restoration shall be completed prior to the close of the last paving season prior to the Contract's final completion. 1.09 TEMPORARY PARKING FACILITIES A. Parking spaces for the Contractor's personnel shall be provided and maintained in usable condition by the Contractor at all times. Provisions shall be made so that sediment is not tracked onto paved roadways from the vehicles operated by the Contractor's personnel. The parking areas shall consist of temporary parking areas or new permanent parking areas shown on the Drawings. Temporary parking areas are to be located in the area designated by the Owner and Engineer. At the completion of the project, temporary parking areas shall be removed and the surface restored as specified, shown on the Drawings, as directed or to its original condition. B. The Contractor's personnel shall not utilize existing permanent parking areas unless specifically noted otherwise on the Drawings. 1.11 DISPOSAL OF DEBRIS A. All debris resulting from construction operations, i.e., packaging, waste materials, damaged equipment, etc., shall be trucked from the site by the Contractor and disposed of at spoil sites. B. The Contractor shall police the hauling of debris to ensure that all spillage from haul trucks is promptly and completely removed from public or private rights -of -way. C. All debris shall be disposed of in accordance with federal, state, and local laws and regulations. 1.12 CONTROL OF NOISE A. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressors shall be equipped with silencers and the exhaust of all gasoline motors and other power equipment shall be provided with mufflers. In the vicinity of hospitals, libraries, and schools, precautions shall be taken to avoid noise and other nuisance, and the Contractor shall require strict observances of all pertinent ordinances and regulations. Any blasting permitted in such locations shall be done with reduced charges. 1.13 SMOKE PREVENTION A. Strict compliance with all ordinances regulating the production and emission of smoke will be required, and the Contractor shall accept full responsibility for all damage that may occur to property as a result of negligence in providing required control. 1.14 SANITARY REGULATIONS A. The Contractor shall provide all necessary housing accommodations for the workers for changing clothes and for protection during inclement weather. Toilet accommodations shall also be maintained for the use of the employees on the Work. The accommodations shall be in approved locations, properly screened from public observance and shall be maintained in a strictly sanitary manner. The Contractor shall obey and enforce all other sanitary regulations and orders; shall take precautions against infectious diseases and the spread of same; and shall maintain at all times satisfactory sanitary conditions around all shanties, tool and supply houses, and on all other parts of the Work. Coordinatlon and Control of the Work Section 01043 - 2 2022 36-Inch Sewer Lining 1.15 EMERGENCY MAINTENANCE SUPERVISOR A. The Contractor shall submit to the Engineer the names, addresses, and telephone numbers of two employees responsible for performing emergency maintenance and repairs when the Contractor is not working. These employees shall be designated in writing by the Contractor to act as his representative and shall have full authority to act on his behalf as specified in GC 6.2 of the General Conditions. B. Contractor shall post at job site, in a conspicuous location, the emergency numbers for the project. C. Contractor shall be responsible for contacting the local fire, police, and emergency response personnel and organizations in advance of the work. The Contractor shall be responsible for the coordination and compliance with emergency response plans, whether developed by the governing agency, laws, or the Contractor for the project. D. At least one of the designated employees shall be available for a telephone call any time an emergency arises. 1.16 PUBLIC SERVICE STRUCTURES A. Public service structures shall be understood to include all poles, tracks, pipes, wires, conduits, house -service connections, vaults, manholes, and other appurtenances, whether owned or controlled by the Owner or other public bodies or by privately - owned corporations, used to supply the public with transportation, heating, electric, telephone, gas, water, sewer, or other services. B. At least a week in advance of breaking ground, the Contractor shall notify the registered underground protection service, all public bodies, and other owners of such facilities of the proposed location of his operations, advising them that their property may be affected and that such measures as they may deem necessary should be promptly taken to protect, adjust, remove, or build them. C. House service connections for water and sewer may not be marked in the field as a part of the protection measure for public utilities. In developed residential and commercial areas, the Contractor shall assume each building and dwelling has water and sewer services and that they shall be protected and repaired as needed as part of the pipeline installation. No additional payment will be made for work associated with supporting or repairs of such services. D. Three conditions which may be encountered will be dealt with as follows: 1. Structures which are adjacent to but not included within the limits of an excavation required for performance of the Work shall be protected, supported, and maintained in service by the Contractor at his expense. 2. Structures within the limits of the Work which can be satisfactorily supported and maintained in service and which do not require removal and rebuilding in the judgment of the Engineer shall be thus supported by the Contractor at his expense, including cost of repair of damage incident to his operations. a. Supports for water and gas mains, sewers, conduits, and similar structures shall be constructed of timber or other acceptable materials; shall be supported from undisturbed foundations, and shall be sufficiently substantial to ensure against settlement when pipe trenches or other excavations are backfilled. In all cases where permits or inspection fees are required by utilities in connection with changes to or temporary support of their conduits, the Contractor shall secure such 2022 36-Inch Sewer Lining Section 01043 - 3 Coordination and Control of the Work permits and pay all permit and inspection fees. b. The Contractor shall assume full responsibility for maintaining all public service structures in service and shall support and protect, or remove and rebuild them at his own expense. Such services shall not be interrupted without permission of the owner of the public service structure. 3. In case relocation of pipelines or other utility structures is required because of direct interference, as determined jointly by the Owner, Engineer, and Contractor, with the installation of the Work, the Contractor shall notify the Owners of the utility structure involved. a. The Contractor will not be reimbursed for the cost of the relocation if the interference is shown on the Drawings, described in the Specifications, apparent on visual inspection, or specifically included in the Work to be performed by the Contractor. b. The Contractor will not be paid for time lost because of such direct interference. Where it is the policy of any utility owner to perform such work with his own forces, the Contractor shall cooperate to the fullest extent with such utility owner. 1.17 UNAUTHORIZED WORK A. Work done beyond the lines shown on the Drawings or ordered, work done without required inspection, except as herein provided, or any Extra Work done without authority will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed at the Contractor's expense. Work done without lines and grades being given shall be considered as unauthorized and subject to rejection. PART 2 PRODUCTS None. PART 3 EXECUTION None. PART 4 SPECIAL PROVISIONS 4.01 SCHEDULING OF WORK A. We anticipate that the Work will require bypass pumping. B. We anticipate that the sewer has a peak wet weather flow of 20-mgd. C. Contractor needs to demonstrate to the City inspector that their bypass pumping is sufficient and capable of bypassing all the sewer flow for a given section prior to executing bypass plan. 4.02 POTENTIALLY HAZARDOUS ENVIRONMENT A. The environment in portions of the project site is rated as Class I Division 1 or 2 or some areas of the project site are designated as permitted Confined Spaces. As a minimum, whenever the Contractor is performing work in these areas, the Contractor shall provide Factory Mutual- and UL-approved continuous monitoring of the atmosphere for the presence of hydrogen sulfides, of low oxygen concentration, and of explosive gases (both lighter and heavier than air). The Contractor shall evacuate all personnel from the areas whenever the detection system registers hydrogen sulfide levels of greater than Coordination and Control of the Work Section 01043-4 202236-Inch Sewer Lining 20 ppm, oxygen levels less than 19.5% or combustible gas levels of greater than 10% of the LEL. In addition, whenever the Contractor is using tools producing open flames or sparks, such as cutting torches, saws, and grinders, the Contractor shall provide for the forced air exhaust ducted from the immediate area of the work. 4.03 REQUIRED SAFETY DOCUMENTATION TO BE SUBMITTED A. On all projects that require the Contractor's or subcontractor's personnel to occupy permitted confined spaces and/or hazardous atmospheres on the project site, the Contractor shall submit to the Owner, a written proposed safety program. The safety program shall comply with all Federal, State, and local requirements. If the Owner has a safety plan that is more stringent than the Federal and State requirements, it will be made available to the Contractor for review. The submittal of the proposed safety program to the Owner shall be made well in advance of the start of construction at the project site. The submittal shall include a written Safety Management Plan including Confined Space Entry procedures. The Contractor shall be responsible to maintain documentation that anyone employed by the Contractor, subcontractors, or suppliers of any tier to the Contractor occupying such hazardous locations has received the appropriate confined space entry training and other applicable training. The Contractor is also responsible to maintain completed confined space entry permits. END OF SECTION 2022 36-Inch Sewer Lining Section 01043 -5 Coordination and Control of the Work SECTION 01090 REFERENCE STANDARDS PART 1 GENERAL 1.01 SCOPE A. This Section includes reference standards. 1.02 DESIGNATION OF ASSOCIATIONS, INSTITUTIONS, SOCIETIES & STANDARDS A. Whenever in these Specifications reference is made to Associations, Institutions, Societies, or Standards, they will be designated as follows: AA Aluminum Association AAMA Architectural Aluminum Manufacturers Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ADAAG Americans with Disabilities Act Accessibility Guidelines AFBMA Anti -Friction Bearing Manufacturers Association AFI Air Filter Institute AGA American Gas Association AGMA American Gear Manufacturers Association AIHA American Industrial Hygiene Association AISC American Institute of Steel Construction AISI - American Iron & Steel Institute AITC - American Institute of Timber Construction AMCA - Air Moving and Conditioning Association ANSI - American National Standards Institute API - _American Petroleum Institute ARI - Air Conditioning and Refrigeration Institute ASA - American Standards Association ASHRAE - American Society of Heating, Refrigerating, and Air Conditioning Engineers ASME - American Society of Mechanical Engineers ASTM - American Society for Testing Materials AWS - American Welding Society AWWA - American Water Works Association BLS - Bureau of Labor Standards CISPI - Cast Iron Soil Pipe Institute FS - Federal Specifications IBR - Institute of Boiler and Radiator Manufacturers IEEE - Institute of Electrical and Electronic Engineers ISA - Instrument Society of America JIC - Joint Industrial Council INDOT - Indiana Department of Transportation NBS - National Bureau of Standards NEC - National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NSF - National Sanitation Foundation OSHA - Occupational Safety and Health Act SMACNA - Sheet Metal and Air Conditioning Contractors National SSPC - Association, Inc. Steel Structures Paint!ng Council 2022 36-Inch Sewer Lining Section 01090 - I Reference Standards INBC Indiana Building Code IBC - International Building Code UBC - Uniform Building Code UL - Underwriters Laboratories, Inc. USBM - United States Bureau of Mines B. Wherever specific standard numbers are indicated, i.e., ASTM C 150, it shall be understood to mean the latest revision thereof. PART 2 PRODUCTS None. PART 3 EXECUTION None. PART 4 SPECIAL PROVISIONS None. END OF SECTION Reference Standards Section 01090 - 2 2022 36-Inch Sewer Lining2022 36-Inch Sewer Lining SECTION 01300 SUBMITTALS PART 1 GENERAL 1.01 SCOPE A. This Section includes requirements for submittals. B. Contractor shall adhere to the submittal schedule as submitted under the provisions of the General Conditions. Contractor shall modify the schedule as required to allow sufficient time for submittal review based on current construction schedule. 1.02 COORDINATION OF SUBMITTALS A. The Contractor shall be responsible for the coordination of submittals and field verifications as required for the various parts of the work. B. All submittals to the Engineer, unless otherwise specified, shall be made only by the Contractor. Direct submittals from subcontractors or suppliers will not be accepted. C. All submittals shall reference the Specification item that it covers, the Contractor's name, the Contract title and location, and the date of submission. Submittal shall also indicate whether the information is for the Engineer's review and approval, for record purposes, or for the fulfillment of the operation and maintenance requirements. PART 2 PRODUCTS 2.01 GENERAL A. Two Categories of Information are Normally Required: I . Shop drawings for Review. 2. Information for Record. 2.02 SHOP DRAWINGS FOR REVIEW A. Shop Drawings: 1. The Contractor shall submit shop drawings in accordance with the General Conditions, as required by individual Sections, shown on the Drawings or as directed. 2. The Contractor shall indicate all variances from the requirements of the Contract Documents in accordance with the General Conditions. 3. The Contractor shall clearly indicate the exact intended use of the equipment or material contained in the submittal. 4. Color charts or samples shall be included for all submittals where a color selection by the Owner is required. B. Samples shall be provided as required in the individual Sections. Samples shall be of the precise material proposed to be furnished. The number of samples and sample size shall be the industry standard unless otherwise stated in the individual Sections. 2.03 INFORMATION FOR RECORD A. Material certificates shall be submitted for materials as indicated in the individual Sections. The certificate shall state that the products have been sampled and tested in accordance with the proper industrial and governmental standards and meet the requirements of the Specifications. Certificates shall be signed by an authorized agent of the manufacturer. 2022 36-Inch Sewer Lining Section 01300 - 1 Submittals 2.04 B. Licenses and Permits - The Contractor shall submit copies of all licenses and permits required by Local, State, and Federal laws to the Engineer. C. Installation and calibration certificates shall be submitted for equipment as indicated in the individual Sections. These certificates shall indicate manufacturer's satisfaction with the installation, the accuracy of calibration and alignment, and the operation of the equipment. Such certificates must be signed by an authorized agent of the manufacturer. D. Progress Schedules shall be submitted in accordance with the General Conditions and Section 01310. E. Schedule of Shop Drawings and Sample Submittals shall be submitted in accordance with the General Conditions. F. Schedule of Values shall be submitted in accordance with the General Conditions. OPERATION AND MAINTENANCE INFORMATION A. Operation and Maintenance manuals shall be submitted as information for the record. B. This information will be reviewed only if properly identified with Contract Section Numbers and only after revised, where necessary, to conform to the Engineer's notes on previous submittals that have been marked "Make Corrections Noted." Manuals shall be tailored to suit the specific equipment provided. C. Submittals Shall Include But Not Limited to the Following: I . Descriptive literature, bulletins, or other data covering equipment or system. 2. Complete list of equipment and appurtenances included with system, complete with manufacturer serial number and model number. 3. Utility requirements. 4. General arrangement drawing. 5. Sectional assembly. 6. Dimension print. 7. Materials of construction. 8. Certified performance curve. 9. Parts list with assembly drawings. 10. Recommended spare parts list with part and catalog number. if. Lubrication recommendations and instructions. 12. Schematic wiring diagrams. 13. Schematic piping diagrams. 14. Description of associated instrumentation. 15. Drive dimensions and data. 16. Operating instructions. 17. Maintenance instructions including trouble -shooting guidelines, lubrication, and preventive maintenance instructions with task schedule. 18. Special tools and equipment required for operation and maintenance. 19. Description of equipment controls. 20. Pump seal data. 21. Assembly, installation, alignment, adjustment, and checking instructions. Submittals Section 01300 - 2 2022 36-Inch Sewer Lining 22. Confirmation of all corrections noted on shop drawings marked "Make Corrections Noted." 23. Manufacturer's name, address, and telephone number along with manufacturers job number and Purchase Order number. 24. Manufacturer's local sales representative, address, telephone number. 25. All installation instructions that were provided to Contractor for use to install equipment. D. All manuals shall be tailored to the project by high -lighting appropriate information and deleting or crossing out nonapplicable information or the Contractor shall provide a data sheet with all necessary information to correctly identify the applicable Sections of the manuals for the actual equipment furnished. All options furnished shall be indicated. E. Manuals shall be printed on 8-1/2 by 11 inch size with standard three hole punching. Large manuals shall be submitted in three-ring binders. Small manuals shall be submitted in folders with metal fasteners. Index tabs shall be furnished for all manuals containing data for three or more items of equipment. All manuals shall have a title label on the cover stating the specification item number and item name. A table of contents shall be included in all manuals. F. Drawings shall be reduced to 8-1/2 by 11 inch or 11 by 17 inch. Where reduction is not possible, larger drawings shall be folded separately and placed in envelopes which are bound into the manual. G. Equipment installations shall not be considered substantially complete until all associated O&M submittals are accepted by the Engineer. H. Field modifications to equipment during installation shall be included in the manual so that the manual reflects as -built conditions. Revisions to the manual may be submitted for incorporation into the manual where appropriate. However, the Engineer reserves the right to return all six manuals for revision to reflect as -built conditions. PART 3 EXECUTION 3.01 IDENTIFICATION OF SUBMITTALS A. All submittals shall be numbered in consecutive order. B. Resubmittals shall carry the same number as that of the original submittal and shall be further identified in consecutive order by alphabetical letters (i.e., 1, IA, Ib, etc.). C. Submittals to satisfy the Operation and Maintenance information requirements shall be numbered as resubmittals along with the prefix "O&M" (i.e. Submittal O&M 113). 3.02 DISTRIBUTION A. Distribution of submittals shall be as follows unless otherwise directed in Part 4 or the individual Sections: Shop Drawings for Review: a. The Contractor shall submit to the Engineer six copies of all documents requiring the Engineer's review and approval. b. If the submittals are found insufficient, three copies will be returned to the Contractor for correction. The Contractor shall then make corrections and resubmit six new copies of the entire submittal. C. Upon acceptance, the Engineer will distribute marked copies via construction bulletins as follows: One Copy - Owner 2022 36-Inch Sewer Lining Section 01300 - 3 Submittals One Copy - Resident Project Representative Three Copies - Contractor One Copy - Engineer 2. Information for the Record: a. The Contractor shall submit three copies of all test certificates, licenses, permits, and installation and calibration certificates directly to the Engineer for distribution to Owner, Resident Project Representative and Engineer. 3. Operation and Maintenance Information: a. The Contractor shall submit to the Engineer six copies of information for all equipment requiring maintenance. b. Upon acceptance, the Engineer will distribute copies via construction bulletins as follows: 1) Four Copies - Owner 2) One Copy - Resident Project Representative 3) One Copy - Engineer PART 4 SPECIAL PROVISIONS None. END OF SECTION Submittals Section 01300 - 4 2022 36-Inch Sewer Lining SECTION 01350 COMMON PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SCOPE A. This Section includes general requirements for all materials, equipment and systems furnished or installed under this project. B. Additional specific requirements included under a particular Section shall take precedence. C. This Section includes, but is not limited to, the following procedural and administrative requirements: I. Product Delivery Storage and Handling 2. Warranties 3. Quality Assurance and Control 1.02 SUBMITTALS A. Submittals shall be in accordance with section 01300 and related specification sections. B. The specification Sections and Drawings contain the specific submittal requirements. 1.03 QUALITY ASSURANCE A. Where Contractor is required to provide design services or certification of the design, the specified product, equipment or system shall comply with the specified criteria. I. Contractor shall submit a written request for clarification when specified criteria is incomplete or insufficient. B. Manufacturer's name, make, model number and other designations provided in the contract documents are to establish the significant characteristics, including but not limited to, type, function, dimensions and physical properties, performance, and appearance for the purpose of evaluating comparable products. Contractor shall verify product, equipment or system proposed meets or exceeds the requirements as specified or shown on the Drawings. 1.04 PRODUCT HANDLING A. Schedule delivery to minimize the time goods are kept in storage. B. Deliver goods to project site in manufacturer's original packaging. C. Inspect the goods to determine if there is visible damage to the packaging. l . The packaging shall be removed in a manner that will allow resealing for storage. 2. If packaging can not be removed and reused, the goods shall be repackaged per the manufacturer's recommendations. D. Goods that are susceptible to damage by the environmental or project conditions, including but not limited to, switchgear, motor control centers, panelboards, instrument control panels, fixtures shall be stored in a controlled environment per the manufacturer's recommendations. If no such area is available at the time such equipment is received, such space shall be provided by the Contractor at no expense to the Owner. E. Where construction is in roads or streets, that portion of the right-of-way not required for public travel may be used for temporary storage purposes unless otherwise prohibited. Materials shall not be stored in areas where such storage creates a hazard. Any other additional space required for construction or storage of materials and equipment shall be obtained by the Contractor at his expense. 2022 36-Inch Sewer Lining Section 01350 - I Common Product Requirements The Contractor shall confine his equipment, the storage of materials and equipment, and the operations of his workers to areas permitted by law, ordinances, permits, and the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment. 1.05 WARRANTY A. Manufacturer's warranty, extending beyond one-year after substantial completion for the specified product, equipment or system shall be provided to the Owner and endorsed by the manufacturer. B. Requirements for warranties extending beyond one-year after substantial completion are described in individual Sections of these specifications. C. Manufacturer's limitations and disclaimers shall not relieve the Contractor from warranty obligations under the Contract Documents. PART 2 PRODUCTS 2.01 REGULATORY REQUIREMENTS A. Materials, equipment, coatings, and chemicals in contact with potable water or water being treated for potable water use shall be approved by NSF International standard 60/61. PART 3 EXECUTION 3.01 INSTALLATION A. Products shall be installed in accordance with the manufacturer's instructions and Contract Documents. B. Required appurtenances including but not limited to, anchors, grout, and leveling shims, shall be provided. PART 4 SPECIAL PROVISIONS None. END OF SECTION SECTION 01568 POLLUTION CONTROL PART IGENERAL 1.01 SCOPE A. This Section includes the requirements for pollution control. PART 2 PRODUCTS N/A PART 3 EXECUTION 3.01 GENERAL REQUIREMENTS A. It shall be the responsibility of the Contractor to prevent or limit pollution of air and water resulting from his operations. B. The Contractor shall perform work required to prevent soil from eroding or otherwise entering onto all paved areas and into natural watercourses, ditches, and public sewer systems, and to prevent dust attributable to his operations from entering the atmosphere. C. Water containing suspended material from any part of the Contractor's operations shall be clarified before discharging to drains. 3.01 STREETS, SIDEWALKS, AND DRIVEWAYS A. Streets, haul roads, and detours and bypass roads shall be swept by automatic self- contained sweepers. B. Excessive dirt on pavements shall be removed by means of hand shoveling or appropriate mechanical equipment and the area swept as directed above. C. Sidewalks and driveways shall be cleaned by means of shovels and hand brooms or appropriate mechanical equipment. D. Dust on unsurfaced streets or parking areas and any remaining dust on surfaced streets shall be controlled with calcium chloride dust palliative. E. The Contractor shall comply with the above requirements on a daily basis. If the Contractor fails to perform the above work in a satisfactory manner, all work, except cleanup operations, shall be stopped until the Contractor has complied with the above requirement. 3.02 EROSION AND SEDIMENT CONTROL A. The Contractor shall initiate appropriate vegetative practices on all distributed areas to remain dormant (undisturbed) for more than 15 days within seven days. 1. Such practices may include: temporary seeding, permanent seeding, mulching, matting sod stabilization, vegetative buffer strips, phasing and protection of trees. B. Permanent or temporary soil stabilization shall be applied to disturbed areas within seven (7) days after final grade is reached on any portion of the site. C. When seasonal conditions prohibit the application of temporary or permanent seeding, non - vegetative soil stabilization practices, such as mulching and matting, shall be used. D. The paved street adjacent to the site entrance shall be swept a minimum of daily, or as needed, to remove any excess mud, dirt, or rock being tracked from the site. 1. Dust and sediment along any street due to construction on this site is to be swept a minimum of once at the end of the day or as necessary to prevent a build-up of dust and soil on the pavement surface. 2022 36-Inch Sewer Lining Section 01568 - 1 Pollution Control E. Dump trucks hauling from the construction site shall be covered with a tarpaulin. F. No more than 200-feet of trench shall be open at any given time. Trench opening, laying of pipe, and backfilling should occur so as to minimize the amount of disturbed area. G. The Contractor shall minimize the width of his work area. H. Existing trees, shrubs, and other ground cover vegetation shall be preserved where possible. Tree removal will be limited to that necessary for construction and will be limited further to the permanent easement wherever possible. No tree removal will be permitted outside the temporary easement. 1. Storm water runoff and natural stream flow shall be intercepted or diverted when originating upgrade away from the construction site so as to minimize the amount of flow over the construction site. J. All dewatering flows are to be settled in siltation basins or directed through filters before discharge to stabilized sites, such as stream or storm sewers, and not onto exposed soils, stream banks, or any other sites where the flow could cause erosion. K. When construction occurs near storm sewer inlets, erosion control measures such as inlet filters or hay bales shall be used to prevent silt from entering the storm sewers. L. The clean-up and disposal of excess excavated material shall be done as soon as practical after laying of the pipe. However, clean-up work shall not fall behind the pipe laying more than 800-feet. Should the Contractor not keep his clean-up within the aforementioned distance, work shall stop until the clean-up work is accomplished. 3.03 SEDIMENT CONTROL A. Contractor shall control erosion and trap sediment from all sites remaining disturbed for more than 14 days. Such practices shall include among others, sediment traps, sediment basins, silt fences, and storm drain inlet protection. B. Timing - Sediment control structures shall be functional throughout earth -disturbing activity. Sediment ponds and perimeter sediment barriers shall be implemented as the first step of grading and within seven days from the start of grubbing. They shall continue to function until the upslope development area is restabilized. C. Settling Ponds — Concentrated storm water runoff from disturbed areas flowing at rates which exceed the design capacity of sediment barriers shall pass through a sediment settling pond. The facility's storage capacity shall be 67 cubic yards per acre of drainage area. D. Sediment Barriers — Sheet flow from runoff from denuded area shall be intercepted by sediment barriers. Sediment barriers, such as sediment fences or diversions directing runoff to settling facilities, shall protect adjacent properties and water resources from sediment transported by sheet flow. E. Other erosion and sediment control practices shall prevent sediment -laden water from entering drain systems. Unless the storm drain system drains to a settling pond. These practices shall divert runoff from distributed areas and steep slopes where practicable and stabilize channels and outfalls from erosive flows. 3.04 CONSTRUCTION ON SLOPES A. The Contractor shall comply with the following requirements when working on slopes exceeding 4:1. 1. The pipeline shall be constructed during dry weather, low flow periods as determined by the Engineer. The construction time for this work shall be limited to the shortest time possible in order to minimize environmental impacts. Pollution Control Section 01568 - 2 2022 36-Inch Sewer Lining 3.05 2. Construction equipment shall be limited to trenching equipment or rubber tired backhoes in order to prevent soil erosion and maintain slope stabilization. 3. Biodegradable mesh shall be used for slope stabilization. The mesh shall cover the entire width of disturbed ground. 4. The trench shall be backfilled immediately after installation of the pipe. The disturbed areas shall be graded, seeded, and mulched within 24 hours after backfilling. The Contractor shall maintain all seeded and mulched areas in accordance with the specifications until final acceptance of the work. 5. The Contractor shall place straw or hay bales at the base of the slopes for sedimentation control. The bales shall be placed prior to construction of the pipeline and shall remain until final seeding has germinated and become established. STREAM CROSSINGS A. B. C. D. Construction of the stream crossings shall occur only during dry weather low -flow periods. Wherever possible, use of heavy equipment during crossing construction is to be restricted to the stream bank and is not to be permitted in the stream channel. The width of stream banks disturbed in constructing a stream crossing shall be limited to the width of the trenching machine. Immediately after the conduit and any required concrete encasement is in place, the re- establishment of channel contours and bank stabilization shall commence. The stream crossing and associated restoration shall be completed within 48 hours of initiation. To minimize erosion, the work of clearing, grading, excavation, pipe installation, backfilling, erosion protection, final cleanup and all other work within 50-feet of the stream shall be performed without interruption and within the shortest time practical. PART 4 SPECIAL PROVISIONS None. END OF SECTION 2022 36-Inch Sewer Lining Section 01568 - 3 Pollution Control This page was intentionally left blank. Pollution Control Section 01568 - 4 2022 36-Inch Sewer Lining SECTION 02766 SEWER LINING PART 1 GENERAL 1.01 SCOPE A. Under this Section the Contractor shall furnish all labor, materials, and equipment necessary to rehabilitate by means of a lining process, deteriorated sections of sewers. B. This Section shall include diverting sewer flow around work areas as needed, cleaning and video-taped inspection of the existing sewers, clearing obstructions including root cutting, rehabilitation of the sewer by the lining process, cutting of the new pipe liner to reestablish lateral connections without excavation, re -televising the completed sewer line sections, and other work incidental to the lining operation. 1.02 SUBMITTALS A. Submittals shall be in accordance with the requirements of Section 01300 and shall include: 1. Shop Drawings for Review: a. Manufacturer's product literature for each product used. b. Technical Data sheet for each product used. C. Verification of compliance with reference standards. d. Verification of compliance with the specified requirements including but not limited to independent testing reports. 2. Information for the Record: a. Field Measured Pipe Inside Diameters. b. Pre -lining (optional) and post lining video inspection. C. Bypass pumping plan. d. Design calculations including but not limited to, wall thickness, and structural capacity, signed and sealed by a licensed Engineer in the state of the project. e. Cleaning procedures including the water pressure. f. Installation procedures and sequence of cleaning and installation operation. g. Upon request, qualifications of installing contractors, including experience and references. h. Manufacturer's current certification of installing contactor. i. Recommended installation procedures. 1.03 QUALITY ASSURANCE A. The manufacturer of the products specified herein shall have a minimum of 10 years' experience in the research, development and production of the products specified. B. The installing contractor shall have a minimum of 5 years of experience working with and installing the specified products and shall be certified by the manufacturer. C. The installing contractor shall be responsible for the liner system, including but not limited 2022 36-Inch Sewer Lining Section 02766 - 1 Sewer Lining D. The products specified herein shall comply with the listed ASTM standards. PART 2 PRODUCTS 2.01 MATERIALS A. Liner: 1. The liner shall be a resin impregnated flexible felt tube which, when cured, will be abrasion resistant and chemically resistant to withstand internal exposure to sewage gases containing normal levels for domestic sewage of hydrogen sulfide, carbon monoxide, carbon dioxide, methane, traces of mercaptans, saturation with moisture, dilute sulfuric acid, and external exposure to soil bacteria. 2. The liner shall be designed by the manufacturer to provide full pipe strength for the rehabilitated section using, as a basis of design, the existing field conditions and assuming no strength imparted by the existing pipe. The basis of design shall be in accordance with ASTM F1216. 3. The liner shall be properly sized to the diameter of the host pipe and the length of to be rehabilitated and be able to stretch to fit irregular pipe sections. 4. The reinforcing material of the liner shall be a needle interlocked terylene felt formed into sheets of required thickness. Thickness of the cured liner shall be within plus 10 percent and minus 5 percent of the required thickness determined by the manufacturer and shall not include the thickness of the polyurethane inner liner. 5. The liner shall be fabricated to a size that when installed will neatly fit the internal circumference of the conduit to be lined. Allowance for longitudinal and circumferential stretching of the liner during insertion shall be made by the manufacturer. The length of the liner shall be that deemed necessary by the manufacturer to effectively carry out the insertion and seal the liner at the inlet and outlet of the respective manholes or chambers, unless it is a spot repair. The Contractor shall verify the lengths in the field before cutting the liner to length. B. Resin: The resin shall be a polyester or vinyl ester resin system, including but not limited to all catalysts initiators required for curing within the liner. The resin content of the impregnated liner shall have a volume ratio with the felt of 85 percent resin to 15 percent felt. 2. The resin must be able to cure in the presence of water and the initialization temperature for cure shall be less than 180 degrees F (82.2 degrees Q. C. The lining system shall be continuous over the entire length of an insertion run between two or more manholes, unless it is a spot repair. The liner end, at each manhole, shall be sealed. D. Liner system shall be free from visual defects such as foreign inclusions, dry spots, pinholes, and delamination. The lining shall be impervious and free of any infiltration or exfiltration. The inner surface shall be free of cracks and crazing with smooth finish and with an average of not over two pits per square foot and all pits shall be less than 3 millimeter diameter and not over l millimeter deep and are covered with sufficient resin to avoid exposure to the inner fabric. Sewer Lining Section 02766 - 2 2022 36-Inch Sewer Lining E. The materials for the liner system shall be as manufactured by: 1. Insituform of North America 2. National Liner 3. In -Liner 2.02 PERFORMANCE REQUIREMENTS A. The liner system shall provide a uniform smooth, interior wall surface and will have at least 100% of the flow capacity of the original pipe before rehabilitation. In lieu of measurements, calculated capacities may be derived using a Manning "n" coefficient of 0.013 for the original pipe material and a Manning on" coefficient of 0.010 for ajoint-less smooth wall cured -in -place pipe liner. B. The structural performance of the cured -in -place pipe liner system must be adequate to accommodate all internal and external loads (live and dead) over its service life. Unless otherwise approved by the Engineer in writing, the liner system shall be designed considering the host pipe is fully deteriorated, a prism loading, and meeting the following: Loading 120 cf, w/2.0 factor of safety 2 % n 5 %, maximum of Soil Reaction WStrength. 1,000 psi Stren th 4,500 si hancement Factor K 7 maximum ds H-20 Reduction Factor Lon -Term 50 % Hydrostatic Load Beginning at the surface Factor of Safety 2.0 Design Life 50-year service life under continuous loading conditions Soil Load Maximum depth from surface to crown of pipe along a segment length Other Design Considerations The Bidder/Contractor may request additional information from the Pnorinee, as needed C. Calculations performed in accordance with the above verifying the required wall thickness requirements of the liner to be used shall be submitted to the Engineer for approval prior to fabrication of the tube. D. Liner system shall meet the requirements of the following ASTM: ASTM F1216 2. ASTM F1743 ASTM D5813 E. The chemical corrosion resistance of the actual resin system (neat plus modifications) selected shall be tested by the resin manufacturer in accordance with ASTM 1216. 2022 36-Inch Sewer Lining Section 02766 - 3 Sewer Lining F. The cured polyester impregnated liner shall meet the following minimum strength requirements. Pro ert Test Method Value Ultimate Elon ation at Yield: ASTM D 638 2 % Flexural Stren the ASTM D 790 4,500 si Flexural Modulus: ASTM D 790 250,000 si short term Hardness: ASTM D 2583 Barcol 22 Heat Distortion Tem erature: ASTM D 648 70 de rees C 2.03 HYDROPHILIC SEALS A. The termination of all liners must end with the installation of a hydrophilic seal. The main lines shall have "End Seals" installed at both ends of the liner. B. The hydrophilic seals at the ends of mainline liners shall be full -circle O-Ring compression seals at the ends of a pipe rehabilitated by lining. This hydrophilic sealing product is intended for use in conjunction with all pipe rehabilitation systems. After the seals haves been placed into the ends of the pipe, a rehabilitative liner product shall be installed into the pipe. C. A mechanical fastener is provided with the tubular sleeve that is specifically designed to hold the tubular sleeve in place during installation of a pipe liner. The mechanical fastener may utilize a double -sided adhesive to ensure that neither the tubular sleeve nor the fastener shift during installation. D. The member that creates the end seal is a hydrophilic neoprene rubber of approximately 50 Shore A durometer. The tubular sleeve has a uniform wall thickness of approximately 2 mm, a length of approximately 3.5 inches, and a diameter slightly less than the interior pipe diameter. The hydrophilic neoprene rubber has the following characteristics: Characteristic Test Method Shore A Hardness ASTMD2240 Tensile Strength Wpoint50 ASTMD412 Elongation at Break ASTMD412 Specific GravityASTMD297 Swell Capacity in Water Contact % 200 GRCSC E. The hydrophilic seals shall be InsigniaTM Connection Hat, InsigniaTM End Seal by LMK Technologies, or equal PART 3 EXECUTION 3.01 COORDINATION A. Contractor shall coordinate liner system installation with Owner's operation of the collection system. D. Contractor shall be responsible for coordinating the manhole coating system with the liner system. Sewer Lining Section 02766 -4 2022 36-Inch Sewer Lining 3.02 PREPARATION A. Prior to lining of a sewer or lateral, it shall be the responsibility of the Contractor to clean debris out of the sewer line in accordance with National Association of Sewer Service Companies (NASSCO) Specifications for Sewer Collection System Rehabilitation Section III "Sewer Line Cleaning". B. The Contractor shall field verify the inside diameter of all sewers to be relined at both the upstream and downstream manholes prior to fabricating liner tubes. The records of this inspection shall be submitted to the Engineer. C. The Contractor shall inspect by closed circuit TV the section of sewer to be lined and shall record the location of all obstructions and service taps. Th frmasthe -------- --- -- --rc u .+...,,.. »:.._ if n.., lateral is ,,..a,.,..:..,. b_-.__., the ,__�o _vthe lawal eanneetien liner. 1. Note, Carmel Utilities recently performed a video inspection of the sewer to be lined. The Contractor may use that video in leu of the typical pre -lining inspection. 2. It is believed that there are no laterals in the sewer to be lined. There are laterals in the upstream and downstream manholes. D. It shall be the responsibility of the Contractor to clear the line of obstructions, solids, dropped joints, protruding services, or collapsed pipe that will prevent the insertion of the liner. If inspection reveals an obstruction that cannot be repaired without excavation, the Owner and Engineer shall be notified to make the final determination. Excavation to repair a sewer is not included in this Section. Contractor shall be responsible for disposal of all debris removed from the cleaning operation in accordance with the specifications, local, state and federal regulations. 2. Contactor may separate the solids and liquid contents from the cleaning and the liquids may be discharge into the sanitary sewer, in a controlled rate, with Owner's approval. E. The Contractor shall provide for the flow of sewage around the sections of line that are to be lined. This includes any pumping that may be required. Pumps and bypass lines shall be of adequate capacity and size to handle the flow. Peak wet weather flows are believed to be 20 mgd. F. The lateral inspection camera shall be capable of color closed circuit TV recording and be launched from the mainline camera. G. Active leaks of ground water into the pipe shall be sealed to prevent the development of heat sinks while the liner is being cured. H. Debris, scale roots lateral cutting debris or other materials that will prevent the proper installation and inversion of the liner shall be removed from the sewer to be lined. Break-in connections (hammer taps) and or pipe protruding into the main shall be ground back flush to the sewer main inside diameter. 3.03 SEWER CLEANING A. The Contractor is expected to review the video records of the sewer laterals to gain an understanding of the scope of work required for cleaning ahead of cured in place lateral installation. B. Cleaning shall constitute removal of all loose debris, solids, and protruding obstructions which inhibit, television inspection, or the liner installation. Mineral deposits or debris shall 2022 36-Inch Sewer Lining Section 02766 - 5 Sewer Lining be removed as necessary to permit the installation of liners and testing and grouting of sewers. C. If cleaning, protruding obstruction removal or root removal efforts were not performed by the Contractor to a level to permit the installation of grout repairs or liners, the Contractor shall repeat or complete the cleaning, protruding obstruction or root removal to a degree necessary to permit the work to be completed at no additional compensation to the Contractor. D. The Contractor shall note any areas with pipe defects such as dropped joints, egg shaped pipe, protrusions, broken or missing pipe sections that will prevent proper the installation CIPP liner repairs to the Engineer. The Engineer will provide direction to the Contractor regarding the use of the Bid Items to excavate and repair the damaged pipe sections. E. Root cutting may be required to complete the initial television inspection of lateral connections to building foundations. This shall be incidental and will not constitute an extra cost to the Owner. 3.04 ROOT CUTTING A. Root cutting in area(s) designated shall be performed by means of a Skid Style Root and Grease Cutter with a power motor and thruster assembly capable of being launched from a manhole or cleanout. B. The cutting head shall be a concave circular saw designed to keep the teeth off the pipe surface. The cutting head shall have a diameter of 1-in. less than the interior diameter of the sewer. C. The skid assembly shall position the root cutter head in the middle of the sewer line thereby minimizing damage to the sewer pipe. D. Multiple passes shall be made in areas of dense root intrusion. 3.05 LATERAL CONNECTIONS A. It is believed that there are no laterals in the sewer to be lined. There are laterals in the upstream and downstream manholes. 3.06 HYDROPHILIC SEALS A. The installation of the hydrophilic seals shall be in conformance with the manufacturer's recommendations and NASSCO Standards. B. The installation of the hydrophilic seals shall provide a water tight joint between the pipe and the linier. 3.07 INSTALLATION For Full Line segment reconstruction, M.H. To M.H. a. The installation shall be done in accordance with ASTM F 1216 and F 1743 and in accordance with the lining manufacturer's recommended procedure. b. Resin impregnation shall be in a quantity sufficient to fill the volume of air voids in the liner material with allowances for shrinkage and loss of resin. C. The resin impregnated liner shall be inserted into position in the host pipe using the inversion method of pull -in method per the manufacturer's recommendations and as defined by the relevant ASTM sections. Care shall be exercised so as to not damage the Owner's infrastructure and the liner system during the installation. Sewer Lining Section 02766 - 6 2022 36-Inch Sewer Lining d. Curing shall utilize hot water under pressure or steam pressure in accordance with the manufacturer's recommendations and relevant ASTM. 1) The temperature of the incoming and outgoing water used for curing shall be monitored. A temperature gauge shall be placed between the host pipe and the liner, at the invert, at both ends of the section being lined, to monitor the temperature during the curing. 2) Curing water temperature shall be between 150 degrees F and no more than 200 degrees F, measured at the return. e. Cool down shall be in accordance with the manufacturer's recommendations. The liner shall be cooled to 100 degrees F before relieving the pressure. Care shall be taken to prevent a vacuum on the newly installed liner. 3.08 INSPECTION A. After the work is completed, the Contractor shall supply the Owner with video showing the lined sections including service connections. The Video shall follow the PACP format for pipeline defect identification and assessment. B. The water tightness of the liner shall be gauged while curing and under a positive head. The minimum test head shall be fifteen feet. The maximum allowable leakage shall be 200 gallons per inch pipe diameter per mile of pipe in 24 hours. PART 4 SPECIAL PROVISIONS 4.01 REHABILITATION PRODUCTS OR PROCESSES A. Rehabilitation products or processes that will be considered shall meet the following requirements:- 1. The process must have a minimum of five years commercial experience in like projects in the USA. B. The Contractor shalt submit product test data supporting the long term strength, corrosion resistance and 50-year design life. These tests shall be based on the following standards: 1. Material tested shall be identical to those proposed for the installation and shall be from samples of materials in final place after the trauma of installation and/or reforming of the product. Testing shall be in accordance with applicable ASTM Standards. Laboratory samples will not be acceptable. 2. Short tern tests can be extrapolated using actual short test data and applicable ASTM Standards for plastic pipe. 3. All test data whether theoretically extrapolated or actual must be validated by an independent third party qualified in these testing procedures. C. The product must have a minimum of 15,000 lineal feet of wastewater collection system installations in the US documented to assure commercial viability of the process. D. The Contractor shall submit all ASTM Standards for installation and/or materials on their product. Foreign standards will not be acceptable. E. The Contractor must submit engineering design guide and quality control procedures for product manufacturer and for product installation, including detailed inspection, testing of physical properties, retention of production samples, and taking of and testing of field samples. 2022 36-Inch Sewer Lining Section 02766 - 7 Sewer Lining F. The Contractor shall submit statement as to country of manufacture of all major components used to produce the final installed product. G. The Contractor shall submit evidence of installer training, testing and/or certification of being trained to install the product by the manufacturer of the process. 4.02 LEAKAGE TESTING A. All rehabilitated sewers shall be visually inspected for leakage during the television inspection. All visible leakage in the rehabilitated sewer shall be repaired and retested at no additional cost to the Owner. 4.03 WARRANTY AND ACCEPTANCE A. The Contractor shall warrant all work to be free of defects in workmanship or materials for a period of one [1] year from the date of final acceptance of the final video tapes of the rehabilitated sewer. 4.04 ANTICIPATED SEQUENCE OF WORK A. The chronological sequence of work is expected to be as follows: 1. Clean and televise main line and laterals 2. Installation of the liner in the main line 3. Post Video Inspection B. Audio -video tapes of all sewer line television inspections shall be delivered to Owner prior to substantial completion at no additional cost to the Owner. The Video shall follow the PACP format for pipeline defect identification and assessment. Any additional television inspections required by unacceptable leakage tests or additional debris/cleaning required prior to insertion shall be included in the audio -video tapes in the appropriate chronological sequence. 4.05 SCHEDULE OF WORK A. The sewer to be lined is between manholes SMH-52-62 and SMH-52-63 as marked in purple on the image below. B. The original contractor drawings state that the sewer is lineal 455-feet (or 470-feet based on station numbering). Carmel's GIS system states that the sewer is 506.4-feet. The Contractor shall be required to field measure the actual length of the sewer prior to liner fabrication. Sewer Lining Section 02766 - 8 2022 36-Inch Sewer Lining I f to g 41 Sewer segment to be lined. f�4 r J, SECTION 02800 SODDING, SEEDING, AND MULCHING PART 1 GENERAL 1.01 SCOPE A. This Section includes fine grading, placing sod, and seeding and mulching areas designated on the Drawings, specified, or ordered. B. The work consists of fine grading, furnishing and placing topsoil, sod, seed, mulching material, and fertilizer, and watering until growth is assured. C. The Contractor shall restore all grass areas damaged by his operations in construction of facilities included in the Contract. D. Unless otherwise specified herein or directed, work shall be in conformance with INDOT Item 621 Seeding and Sodding. 1.02 SUBMITTALS A. Submittals shall be in accordance with the requirements of Section 01300 and shall include: 1. Shop Drawings for Review: a. Manufacturer's project information for materials. 2. Information for the Record: a. Submit to Resident Project Representative: 1) Invoices indicating the weight, brand, and composite analysis of fertilizer used on the project. 2) Bag tickets indicating weight and composition of all seed used on the project. B. The operation of finish grading and sowing shall not be performed when the ground is frozen or muddy. PART 2 PRODUCTS 2.01 SOD A. Sod shall conform to INDOT Item 914.07, unless otherwise specified in Special Provisions. 2.02 SEED A. Seed mixtures shall be in conformance with the requirements of INDOT Items 621.06 and 914.04. The mixtures to be used shall be as specified in Part 4 of this Section. 2.03 FERTILIZER A. Commercial fertilizers shall be from a dealer or manufacturer whose brands and grades are registered or licensed by the Indiana State Seed Commissioner. The content of nutrient shall be 12-12-12, unless otherwise approved by Engineer. 2.04 MULCHING MATERIAL A. Mulching material shall be straw, wood fiber or compost reasonably free of weed seed, and other foreign materials as specified in INDOT Item 914.05. 2.05 MATTING MATERIAL A. Matting material shall be in conformance with the requirements of INDOT Items 914.05 (a)3 or 5. 2022 364nch Sewer Lining Section 02800 - I Sodding, Seeding, end Mulching 2.06 TOPSOIL A. Topsoil furnished by the Contractor shall be as specified in Section 02200. PART 3 EXECUTION 3.01 FURNISHING AND PLACING TOPSOIL A. Areas from which topsoil has been removed shall be recovered with a minimum of 4 inches of re -compacted topsoil in conformance with the pertinent parts of INDOT Item 621.03. 3.02 PREPARATION A. Areas to be Sodded: 1. Preparation of areas to be sodded shall be in conformance with INDOT Item 621.08. B. Areas to be Seeded: 1. Unless otherwise shown on the Drawings or specified in Part 4 all areas of disturbed soil on the project site shall be seeded. 2. The area to be seeded shall be disked and harrowed and all depressions filled in accordance with INDOT Item 621.03. 3. Fertilizer shall be applied at a rate which will provide 240 pounds per acre of chemical fertilizer nutrients in equal proportions of Nitrogen, Phosphoric Acid, and Potash. Either dry or liquid fertilizer may be used and shall be distributed in an even pattern over the specified area, then thoroughly disked, harrowed, or raked into the soil to a depth of not less than 1 inch. 4. All clods, rubbish, and stones greater than 1 inch in any dimension shall be removed and the area graded to a smooth surface. Hand raking will be required in areas inaccessible to machines and may be required in areas of urban character and in front of residences where machines do not provide results equivalent to hand raking. 3.03 INSTALLATION A. Sodding: 1. Sod shall be placed in conformance with INDOT Item 621.09. 2. No sod shall be placed when the temperature is below 32 degree F. No frozen sod shall be placed nor shall any sod be placed upon frozen soil. When sod is placed between the dates of June 1 to October 15 it shall be covered immediately with straw mulch 1 inch thick, loose measurement. B. Seeding: 1. The seed shall be mixed thoroughly and sown evenly at a rate specified by INDOT Item 621.05 (b). The seed mixture may be sown dry or hydraulically. 2. The seed mixture shall be applied when the soil is in a workable condition and shall be raked into a depth of approximately 1/4 inch. 3. Seed shall be sown only between the dates of May 1 and October 15, unless otherwise permitted by the Engineer. C. Mulching: 1. Within 24 hours after an area has been seeded it shall be mulched in conformance with one of the following specified methods as designated in Part 4: 2. Mulch: Sodding, Seeding, and Mulching Section 02800 - 2 2022 36-Inch Sewer Lining a. Mulching with hay or straw shall be in conformance with mulching requirements of INDOT Item 621.05 (c), except that in front of residences the mulching material shall be kept in place by an approved nontracking adhesive or other approved method in lieu of the specified asphalt emulsion. b. Straw matting used for mulching shall be placed in conformance with INDOT Item 621.05 (f). C. Matting shall be used on all slopes greater than 3:1. Excelsior blankets used for mulching shall be placed in conformance with INDOT Item 621.05 (d). D. Seeded and sodded areas shall be watered and maintained as specified below until they are established. 1. The seed bed shall be thoroughly watered, as soon as the seed is covered. 2. Water shall be applied by a hydro -seeder or water tank under pressure with a nozzle producing a spray that will not dislodge the mulching material. 3. Water applications shall be made at least once a week, provided significant rainfall has not occurred within the weekly period. 4. The rate of application shall be 120 gallons per 1,000 square feet. 5. The Contractor shall keep all sodded areas, including the subgrade, thoroughly moist for two weeks after sodding. After the two -week period, the Contractor shall water the sod as specified for seeded areas. 6. Matting areas shall be maintained until all work on the Contract has been completed and accepted. 7. The seeded areas shall be mowed once at an approximate height of 6 inches as directed by the Engineer to control excess growth, including weeds. 8. Maintenance shall consist of the repair of areas damaged by erosion, wind, fire, or other causes. The soil in these damaged seeded areas shall be restored to the condition of grade existing prior to application of matting, and restored areas shall be relimed, refertilized, and reseeded. Where necessary, the matting shall be completely replaced. Damaged sod shall be replaced with new sod. PART 4 SPECIAL PROVISIONS 4.01 INSTALLATION A. The Owner may choose to discuss landscaping restoration preferences with impacted property owners. The Contractor shall comply with any reasonable divergences from this section directly requested by the Owner or Engineer in deference to any such preferences. B. The mixture to be used on various areas shall be as follows: Seed Mixture U INDOT Item 621.06(b) (Specific Areas - Lawns and well -kept areas Seed Mixture P INDOT Item 621.06(c) Shoulder and median areas - Grading contracts only) Seed Mixture D INDOT Item 621.06(e) Chronic saturated soils END OF SECTION 2022 36-Inch Sewer Lining Section 02800 - 3 Sodding, Seeding, and Mulching A , Jones & Henry F ENCINFFas. iro. City of Carmel, Indiana 2022 36-Inch Sewer Lining ADDENDUM1 August 1, 2022 Planholders on the City of Carmel 2022 36-Inch Sewer Lining are hereby notified of the following amendments to the Contract Documents. This Addendum is hereby made a part of the Contract Documents. SPECIFICATIONS Replace the "Notice to Proceed" with the attached. A , Jones & Henry F ENGINEERS. LTD. City of Carmel, Indiana 2022 36-Inch Sewer Lining ADDENDUM August 3, 2022 Planholders on the City of Carmel 2022 36-Inch Sewer Lining are hereby notified of the following amendments to the Contract Documents. This Addendum is hereby made a part of the Contract Documents. GENERAL COMMENTARY Although this statement is non -binding, a notice of award is anticipated for this project by August 8 This project is for an Indiana local government entity and as such is generally exempt from sales tax Contractors will be solely responsible for facilitating vehicle access, such as by placing stone or mats. Contactors will be responsible for restoring the site back to original condition, such as removing stone or filling in ruts. These statements replace and supersede verbal comments made during the site walkthrough. SPECIFICATIONS Replace the Quote Summary page with the attached. The new version clarifies that the estimated time of completion does not include site restoration or demobilization. Replace the Agreement with the attached version. The new version removes a placeholder statement of completion time. A reasonable completion time based on the contractors proposed schedule will be inserted into the final agreement prior to signing. Replace the SRF requirements package with the attached. The new version strikes out requirements for to DBE, MBE, and WBE good faith efforts, which the SRF has stated are not requires for this project. The new version also includes Davis Bacon wage rate determinations. Replace Section 02766 with the attached. The new version deletes a reference to TV inspection of laterals; inspection and lining laterals are not required for this project. The new version also has modified language related to bypass pumping. City of Carmel, Indiana OkCCity`mel Utilities 2022 36-Inch Sewer Lining Request for Quotes July 2022 CARMEL BOARD OF PUBLIC WORKS AND SAFETY Mayor James Brainard, Presiding Officer Mary Ann Burke, Board Member Lori Watson, Board Member CARMEL UTILITIES John Duffy, Utility Director Mike Hendricks, Assistant Utility Director Ben Donald, Operations Manager 5E Jones & Henry Engineers, Ltd. Carmel, Indiana TABLE OF CONTENTS PART A Table of Contents 1 page Request for Quotes Letter 2 pages Quote Summary Form 1 page Agreement Agreement Exhibit D — Contractor's Waiver Liens and Claims 16 pages 2 pages Agreement Exhibit E — Subcontractor's Waiver of Liens and Claims 2 pages Agreement Exhibit F — Change Order Form 1 page Agreement Exhibit G — Confined Space 1 page Verification of Work Eligibility (E-Verify) 1 page Notice to Proceed Form 1 page SRF Requirement Package 21 pages PART B General Conditions 31 pages PART C Section 01010 — Definition of Contract Items 2 pages Section 01021 —Allowances 1 page Section 01043 — Coordination and Control of the Work 5 pages Section 01090 — Reference Standards 2 pages Section 01300 — Submittals 4 pages Section 01350 — Common Product Requirements 2 pages Section 01568 — Pollution Control 4 pages Section 02766 — Sewer Lining 9 pages Section 02800 — Sodding, Seeding, and Mulching 3 pages IF ANY OF THE PAGES LISTED ABOVE ARE NOT INCLUDED IN THESE CONTRACT DOCUMENTS, PLEASE ADVISE. 2022 36-inch Sewer Lining City of Carmel Table of Contents tJones & Henry ENGINEERS, LTD. July 29, 2022 Subject: Request for Quote 2022 36-inch Sewer Lining City of Carmel, Indiana Fluid thinking® 1980 East I I6th Street, Suite 260, Cannel, IN 46032 Phone: 317.818.1805 JllEng.wm The City of Carmel is requesting price quotes to line a 36-inch concrete gravity sewer approximately 507-feet in length. The scope of work shall be as in the following attached documents: 1) This Request for Quotes Letter 2) Quote Price Form 3) Agreement, incorporating Exhibits D through H 4) SRF Requirement Packet 5) General Conditions 6) Technical Specifications 7) Reference Drawings Any questions prior to the quote submission can be directed to the engineer: Philip Teague, PE pteague@jheng.com 419-277-6039 Quotes should be emailed to BOTH of the following: Mr. John Duffy, Carmel Utility Director jduffy@carmel.in.gov Mr. Mike Hendricks, Carmel Assistant Utility Director mhendricks@carmel.in.gov Quotes will be accepted until August 5, 2022, at 3:00 PM local time. The email subject line should be "36-Inch Sewer Lining Quote" Your email should include a completed "Price Quote Form" saved as a PDF. The lowest and best quote will be selected at the sole discretion of Carmel Utilities based on price and proposed schedule. This project may receive funding from the SRF. As such, the selected Contractor will be required to comply all SRF requirements, including Davis -Bacon wage rates and submission of the following forms: 1) Certification of Non -segregated Facilities 2) Non-discrimination In Employment Form Camtel, IN I Cincinnati, OH I Fort Wayne, IN I Kalamazoo, MI I Toledo, OH Request for Quotes 36-Inch Sewer Lining Jones &Henry City of Carmel, Indiana MJNV ENGINEERS. LTD. Page 2 of 2 3) Bidder's DBE Status Form After selection, the successful contractor will be required to provide a completed Agreement with all Exhibits and insurance certificates as described in the General Conditions. Bid, payment, and performance bonds are not required for this project. The Contractor will not be required to obtain permits for the Work. The Contactor may, at their discretion, use Carmel Utility's recent video of the sewer in leu of the typical per -lining inspection video. The Contractor shall be responsible for modifications to, and restoration of, manholes as required for completion of the work; however, the Contractor will not be responsible for re -lining the manhole. Sincerely, JONES & HENRY ENGINEERS, LTD. Philip Teaguor e, PE Principal Engineer o v o v a a E Y o n O O � E « O O h r y�J N N o � ` N O _ 0 O p C F Z O J O U lL ~ C U C C J C ll = Z 4 Y j W N C (n J � xy UI ~ W Z H J O d W w p � W O N � ii z LL p O O Ln Q rn o Z Z n N W u V A CI ena N N � O N Y LL J J O Y � W � 7 a C 0 C Y N C O -_ O G S O m W C Y `o `u E c «o Y Y VI U U Y N a E c 3 Q M W O 0 A U