HomeMy WebLinkAboutPaperless Packet for BPW 10.05.22Board of Public Works and Safety Meeting
Agenda
Wednesday, October 5, 2022 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the September 21, 2022, Regular Meeting
2. BID OPENING
a. Bid Opening for Brookshire Golf Course Cellular Tower and Equipment Building
Addition; Bid Opening is requested to be postponed to the October 19, 2022 Board of
Public Works and Safety Meeting; Sergey Grechukhin, Office of Corporation Counsel
3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS
a. Resolution BPW 10-05-22-02; PJ Alterations; Erosion Control; Donald Cochran
b. Resolution BPW 10-05-22-03; Aria Apartments; Erosion Control; Aria Zionsville, LLC
c. Resolution BPW 10-05-22-04; Troy Estates; ROW Improvements / Signs / Common
Walk / Monuments; Troy Estates
d. Resolution BPW 10-05-22-05; Michigan Road Self Storage; ROW Improvements;
Shamrock Builders
4. CONTRACTS
a. Request for Purchase of Goods and Services; Altec Industries, Inc.; ($208,662.00); Sign
Truck; Lee Higginbotham, Street Commissioner
b. Request for Purchase of Goods and Services; Insituform Technologies USA, LLC;
($181,507.60); 2022 Sewer Lining Contract 111; John Duffy, Director of the Department
of Utilities
c. Resolution BPW 10-05-22-05; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; Sincerus, Inc.;
($11,490.00); Repatina Sculpture Repairs; Lee Higginbotham, Street Commissioner
5. REQUEST TO USE CITY STREETS/PROPERTY
a. Request to Acknowledge Mayor’s Approval to Use Indiana Design Center Parking Lot;
EV Ride and Drive; October 1, 2022; 3:00 PM – 7:30 PM; Kevin Whited, City of Carmel
b. Request to Acknowledge Mayor’s Approval to Use / Close City Streets and Mobile
Stage; Carmel Porchfest - October Late Night on Main; October 1, 2022; 2:00 PM –
11:59 PM; Sondra Schwieterman
c. Request to Acknowledge Mayor’s Approval to Use / Close City Streets; Restoration of
the Sophia Square Plaza Apartments - Dumpster Placement; October 3-17, 2022; 2:00
PM Tuesdays – 5:00 PM Thursdays; David Frysinger
d. Request to Use Midtown Plaza; The Arts in Autumn Festival (in Conjunction with
Approved Meet Me on Main / Midtown’s Got Talent Finals); Event: October 8, 2022
from 3:00 PM - 9:00 PM; Tent: Afternoon of October 7 - Morning October 10, 2022;
Marissa Kay, City of Carmel
e. Request to Use Civic Square Gazebo; 91.3 WHJE Charity Carnival; November 5,
2022; 9:00 AM – 6:00 PM; Allison Davis
f. Request to Use Alley; CAT Theater Additional Christmas Concert Parking; December
2, 2022, 8:00 AM - 9:00 PM; December 3, 2022, 8:00 AM - 5:00 PM; Cheryl Walden
g. Request to Use Midtown Plaza; Physique 57 “Meet us at Midtown Plaza!” Outdoor
Classes - Fridays in October; October 7, 14, 21, and 28, 2022; 11:00 AM - 1:00 PM;
Leslie Lupton
h. Request to Use Civic Square Gazebo; Birthday Party; October 22, 2022; 4:00 PM –
8:00 PM; Ken Tucker
6. OTHER
a. Resolution BPW 10-05-22-01; A Resolution of the City of Carmel Board of Public
Works and Safety Authorizing Certain Improvements for the Sewage Works System
of the City of Carmel, Indiana, the Issuance of Revenue Bonds and Bond Anticipation
Notes to Provide the Cost; John Duffy, Director of the Department of Utilities
b. Request for Land Lease Agreement; A Thirty-Year Lease by and between Carmel
Redevelopment Commission and the City of Carmel for Operating a Cellular Tower
and Equipment Building and No Others; Brookshire Golf Course - 12120 Brookshire
Parkway; ($10 per year); Mike Hollibaugh, Director of the Department of Community
Services
c. Request for Consent to Encroach and Variance; 13120 Broad Street; Install Mulch
Beds and Arborvitae; Anderson, Property Owners
d. Request for Grant of Perpetual Storm Water Quality Management Easement;
Proscenium II; 1215 N Range Line Road; Jeremy Kashman, City Engineer
e. Request for Path Closure; Springmill Road from Main Street to Dorset Boulevard;
Facilitate Tree Removal; Green Tree Services
f. Request for Right of Way Dedication; 10404 Ditch Road; Moorehead, Property Owners
g. Request for Storm Water Technical Standards Waiver; 10404 Ditch Road; Kaleb
Sondgerath, Kimley-Horn
h. Request for Street Closure; 13244 Frogmore Street - Mercer Street from Frogmore
Street to Broad Street; Facilitate Tree Removal; Sorensen, Property Owner
7. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, September 21, 2022 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
MEETING CALLED TO ORDER 6 7
Mayor Brainard called the meeting to order at 10:02 AM. 8
9
MEMBERS PRESENT 10
11
Mayor James Brainard, Board Members Lori Watson and Mary Ann Burke, and Deputy Clerk Holly Harmeyer 12
were present. 13
14
MINUTES 15
16
Minutes from the September 7, 2022 Regular Meeting. Board Member Burke moved to approve. Board Member 17
Watson seconded. Request approved 2-0. Mayor Brainard abstained. 18
19
QUOTE OPENING AND AWARD 20
21
Quote Opening for 22-STR-08 Hanging Basket Project - Street Department; Lori Watson opened the bid and 22
Mayor Brainard read it aloud: 23
24
Contractor Bid 25
Hood’s Gardens $26,520.50 26
27
Quote Award for 22-STR-08 Hanging Basket Project; Crystal Edmondson, Street Department, recommended 28
awarding the bid to Hood’s Gardens. While they were the only bidder, they were responsive, and the bid was 29
acceptable. Board Member Burke moved to award the bid to Hood’s Gardens in the amount of $26,520.50. Board 30
Member Watson seconded. Request approved 3-0. 31
32
CONTRACTS 33
34
Request for Purchase of Goods and Services; Lochmueller Group, Inc.; ($155,700.00); 20-02 116th Street and 35
River Road Roundabout - Design; Department of Engineering requested that contract 3K be removed from the 36
agenda, as it was a duplicate. Board Member Burke moved to remove 3K from the agenda. Board Member Watson 37
seconded. Motion to remove 3K approved 3-0. 38
39
Request for Joint Funding Agreement; U.S. Department of the Interior; ($4,500.00); U.S. Geological Survey for 40
Water Resource Investigations; Williams Creek at 96th Street; Board Member Burke moved to approve. Board 41
Member Watson seconded. Request approved 3-0. 42
43
Request for Performance Agreement; Indy Polkamotion / Robert Klemen; ($2,500.00); Entertainment for Carmel 44
Oktoberfest Event; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 45
3-0. 46
47
Request for Purchase of Goods and Services; Canon Solutions America, Inc; ($1,074.60); Printer Lease - 36 48
Months; Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 49
seconded. Request approved 3-0. 50
51
Request for Purchase of Goods and Services; Cardno, Inc; ($22,000.00); 2022 Invasive Control - Tree and Shrub 52
Removal, Chemical Application, and Other Landscape Services; Board Member Burke moved to approve. Board 53
Member Watson seconded. Request approved 3-0. 54
55
Request for Purchase of Goods and Services; A & S General Construction; ($250.00); Carmel Data Center 56
Project - Painting; CO #1; Board Member Burke moved to approve. Board Member Watson seconded. Request 57
approved 3-0. 58
59
Request for Purchase of Goods and Services; Dillon Construction Group; ($2,000.00); Carmel Data Center 60
Project - Demolition / Cleanup of Ice Bridge; CO #1; Board Member Burke moved to approve. Board Member 61
Watson seconded. Request approved 3-0. 62
63
Request for Purchase of Goods and Services; United Construction Services; ($197,413.68); 18-ENG-06 - Walnut 64
Street and Range Line Road Roundabout; CO #1, Final; Board Member Burke moved to approve. Board Member 65
Watson seconded. Request approved 3-0. 66
67
Request for Purchase of Goods and Services; Frederick’s, Inc.; ($37,149.00); Carmel Data Center Project - Ice 68
Bridge and Fiber Cabling; CO #3; Board Member Burke moved to approve. Board Member Watson seconded. 69
Request approved 3-0. 70
71
Request for Purchase of Goods and Services; Rieth-Riley Construction, Inc.; ($171,824.40); 20-ENG-01 Smokey 72
Row Road Reconstruction Project; CO #3; Board Member Burke moved to approve. Board Member Watson 73
seconded. Request approved 3-0. 74
75
Request for Purchase of Goods and Services; Davey Resource Group, Inc.; ($59,000.00); 2022 Invasive Control 76
- Tree and Shrub Removal, Chemical Application, and Other Landscape Services; Board Member Burke moved 77
to approve. Board Member Watson seconded. Request approved 3-0. 78
79
Request for Purchase of Goods and Services; Smock Fansler Corporation; ($22,600.00); Sophia Square 80
Fireplace Removal; Additional Services Amendment; Board Member Burke moved to approve. Board Member 81
Watson seconded. Request approved 3-0. 82
83
Request for Purchase of Goods and Services; Vasey Commercial Heating & Air Conditioning, Inc.; ($8,508.00); 84
One Year Maintenance Agreement; Board Member Burke moved to approve. Board Member Watson seconded. 85
Request approved 3-0. 86
87
REQUEST TO USE CITY STREETS/PROPERTY 88
89
Request to Acknowledge Mayor’s Approval to Use Carter Green; Hotel Carmichael Employee Yard Party; 90
September 8, 2022; 1:00 PM – 5:00 PM; Board Member Burke moved to approve. Board Member Watson 91
seconded. Request acknowledged 3-0. 92
93
Request to Acknowledge Mayor’s Approval to Use / Close City Streets; Annual Lakewood Gardens Neighborhood 94
Cookout; Close Part of Lakewood Drive East and Part of Lakewood Drive North; September 17, 2022; 3:00 PM 95
– 9:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request acknowledged 96
3-0. 97
98
Request to Acknowledge Mayor’s Approval to Use Mobile Stage; Late Night on Main; Amended; September 16, 99
2022; 2:00 PM – 11:59 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 100
acknowledged 3-0. 101
102
Request to Acknowledge Mayor’s Approval to Use Midtown Plaza / Stage / Tents; Midtown’s Got Talent; Stage 103
and Space: September 16 - 17, 2022 and September 30 and October 1, 2022; 1:00 PM –9:00 PM Each Day; Tent 104
Up: October 7 at 10:00 AM through October 10, 2022 before 12:00 PM; Space: October 7 through October 9, 105
2022; 10:00 AM –9:00 PM Each Day; Board Member Burke moved to approve. Board Member Watson seconded. 106
Request approved 3-0. 107
108
Request to Amend Approved Usage Request from April 20, 2022; Muscle Mobility Event at Midtown Plaza; Block 109
Three Parking Spaces on Elm Street; September 24, 2022; 9:00 AM – 3:00 PM; Board Member Burke moved to 110
approve. Board Member Watson seconded. Request approved 3-0. 111
112
Request to Use / Close City Street; Music Concert to Benefit Cancer Patient; 3rd Street NE from Range Line 113
Road to 1st Ave NE; October 1, 2022; 5:00 PM - 9:00 PM; Board Member Burke moved to approve. Board 114
Member Watson seconded. Request approved 3-0. 115
116
Request to Use / Close City Streets; Ashton Neighborhood Block Party; Close Norwalk Drive; October 9, 2022; 117
4:00 PM – 8:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 118
approved 3-0. 119
120
Request to Use City Hall Parking Lot; Bicycle Donation Event by Bike Carmel and Freewheelin Community 121
Bikes; October 29, 2022; 10:30 AM - 2:30 PM; Board Member Burke moved to approve. Board Member Watson 122
seconded. Request approved 3-0. 123
124
Request to Use Council Chambers; Children’s TherAplay Foundation Staff Retreat Workshop; October 7, 2022; 125
7:45 AM – 1:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 126
approved 3-0. 127
128
Request to Use Caucus Room; Hoosier Daylily Society Monthly Meetings; 2022: November 17; 2023: January 129
26, February 23, March 23, April 22, and May 23; 7:00 PM – 9:00 PM; Board Member Burke moved to approve. 130
Board Member Watson seconded. Request approved 3-0. 131
132
Request to Use City Streets / Lane Restrictions / Rolling Closures; Gluhwein Gallop 5K Run/Walk; December 3, 133
2022; 8:00 AM – 11:00 AM; Board Member Burke moved to approve. Board Member Watson seconded. Request 134
approved 3-0. 135
136
Request to Use of Main Street; Meet Me on Main; 2022: November 12 and December 10; 2023: January 14, 137
February 11, March 11, April 8, May 13, June 10, July 8, August 12, and September 9; 4:00 PM – 10:00 PM; 138
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 139
140
Request to Use / Close City Street and Sidewalk; Backup Rain Location for Midtown’s Got Talent; Close Elm 141
Street from Veterans Way to Parking Garage near Monon Boulevard; September 30 through October 2, 2022; 142
10:00 AM - 9:00 PM Each Day; Board Member Burke moved to approve. Board Member Watson seconded. 143
Request approved 3-0. 144
145
Request to Use Palladium East Patio; Schwalm – Beaver Wedding Ceremony; September 3, 2023; 1:00 PM – 146
11:00 PM; Rehearsal; September 2, 2023; 4:00 PM – 6:00 PM; Board Member Burke moved to approve. Board 147
Member Watson seconded. Request approved 3-0. 148
149
Request to Use / Close Sidewalks and Parking Spaces; Spring Eternal Sculpture Restoration; Close Sidewalk on 150
NE Corner of West Main Street and 3rd Avenue NW; Two Parking Spaces Adjacent to Site; September 26 - 151
September 30, 2022; 8:00 AM - 5:00 PM Each Day; Board Member Burke moved to approve. Board Member 152
Watson seconded. Request approved 3-0. 153
154
OTHER 155
156
Request for Right of Way Dedication; 14138 Shelborne Road - Islamic Life Center; Board Member Burke moved 157
to approve. Board Member Watson seconded. Request approved 3-0. 158
159
Request for Street Closure / Open Pavement Cut; Woodland Circle / 206 Woodland Lane; Board Member Burke 160
moved to approve. Board Member Watson seconded. Request approved 3-0. 161
162
Request for Lane Closure; Northbound Range Line Road - 1st on Main; October 7, 2022 for up to Two Months; 163
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 164
165
Request for Grant of Perpetual Storm Water Quality Management Easement; 14138 Shelborne Road - Islamic 166
Life Center; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 167
168
Request for Grant of Perpetual Storm Water Quality Management Easement; 3400 E. 96th Street - Tom Wood 169
Powersports; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 170
171
Request for Grant of Perpetual Storm Water Quality Management Easement; 735 W. Carmel Drive - Lakefront 172
Court Lot 2 in Medical Office Building; Board Member Burke moved to approve. Board Member Watson 173
seconded. Request approved 3-0. 174
175
ADD-ONS 176
177
Board Member Burke moved to add one item to the agenda. Board Member Watson seconded. Adding the item to the 178
agenda approved 3-0. 179
180
Request to Use Carter Green / Horseshoe Drive / Palladium East Patio / Stage for Christkindlmarkt; Event is 181
November 16 through December 30, 2022; Each week it is open Thursday 4:00 - 9:00 PM and Friday through 182
Sunday 12:00 - 9:00 PM; Set up for the Market beings October 1, 2022; Carter Green drive will be closed October 1 183
- December 31, 2022; Parking Spaces on 3rd Avenue SW Closed November 14 - December 30, 2022. 184
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 185
186
ADJOURNMENT 187
188
Mayor Brainard adjourned the meeting at 10:08 a.m. 189
190
191
APPROVED: ____________________________________ 192
Sue Wolfgang – City Clerk 193
194
_____________________________________ 195
Mayor James Brainard 196
ATTEST: 197
__________________________________ 198
Sue Wolfgang – City Clerk 199
BPW 9-21-22
WALK-ON REQUEST
Carter Green drive marked in yellow on the map will be
closed starting 10/1/22 through 12/31/22.
Parking spaces on 3rd Ave SW will be closed starting11/14/22 through 12/30/22.
------------------ Begin 9:00 PM each night
This area is marked in orange
on the map.
REVIEWED/APPROVED VIA EMAIL
Center for Performing Arts 9-19-22
REI 9-19-22 CFD HEAVNER 9-19-22
CRED BREWER 9-19-19 CPD HORNER 9-19-22
DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
Thursdays
12:00 PM 9:00 PM
DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
DocuSign Envelope ID: 5642928D-5E46-45C0-98D6-83D681323032
September21 222122September
9/21/2022
9/21/2022
9/21/2022
9/21/2022
CzTfshfzHsfdivlijobu4;19qn-Tfq26-3133
Altec Industries, Inc.
Street Department - 2022
Appropriation #1206 0 44-650.01 Capital Lease Fund; P.O. #106753
Contract Not To Exceed $208,662.00
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information relating
thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to
City sufficient written warning and notice (including appropriate labels on containers and packing) of any
hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c)
fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not
correct such failure or breach within five (5) business days (or such shorter period of time as is commercially
reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d)
becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or
dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate
all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies
available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for
any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The
coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its
insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon
request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled
without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against
any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for
injury, death and/or damages to any person or property to the extent arising from Vendor’s negligence or willful
misconduct in the provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of
City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees,
and other expenses to the extent, caused by any negligent act or omission of Vendor and/or of any of Vendor’s
agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
S:\\Contracts\\Departments\\Street\\2022\\Altec Industries, Inc. Goods and Services.docx:9/14/2022 2:07 PM\]
2
Altec Industries, Inc.
Street Department - 2022
Appropriation #1206 0 44-650.01 Capital Lease Fund; P.O. #106753
Contract Not To Exceed $208,662.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility
status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein
as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly
employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation
indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract
for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-
Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana
E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,
terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-
Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not affect
the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of
a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor
under or pursuant to this Agreement
S:\\Contracts\\Departments\\Street\\2022\\Altec Industries, Inc. Goods and Services.docx:9/14/2022 2:07 PM\]
3
Altec Industries, Inc.
Street Department - 2022
Appropriation #1206 0 44-650.01 Capital Lease Fund; P.O. #106753
Contract Not To Exceed $208,662.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except
for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive
their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid
U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein:
If to City: City of Carmel AND City of Carmel
Street Department Office of Corporation Counsel
st3400W131 Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
If to Vendor: Altec Industries, Inc.
PO Box 11407
Birmingham, Alabama 35246-0414
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the
date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor,
immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or
if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided
hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount representing conforming Goods and Services performed as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services performed as of the date of termination, except that such
payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the
parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
S:\\Contracts\\Departments\\Street\\2022\\Altec Industries, Inc. Goods and Services.docx:9/14/2022 2:07 PM\]
4
Altec Industries, Inc.
Street Department - 2022
Appropriation #1206 0 44-650.01 Capital Lease Fund; P.O. #106753
Contract Not To Exceed $208,662.00
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor
of such additional goods and services desired, as well as the time frame in which same are to be provided.
Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and
services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide
such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of
the City’s authorization documents for the purchase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2022 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
S:\\Contracts\\Departments\\Street\\2022\\Altec Industries, Inc. Goods and Services.docx:9/14/2022 2:07 PM\]
5
Rvpuf!Ovncfs;2318244!.!2ExhibitA
Bvhvtu!29-!3133
Pvs!:4se!Zfbs
Tijq!Up;Cjmm!Up;
DJUZ!PG!DBSNFM!)JO*DJUZ!PG!DBSNFM!)JO*
3!DJWJD!TRVBSF3!DJWJD!TRVBSF
DBSNFM-!JO!57143DBSNFM-!JO!57143
VTVojufe!Tubuft
Buuo;
Qipof;!428.844.3112
Fnbjm;
2318244!.!2Bmufd!Rvpubujpo!Ovncfs;
Nbsl!Xjmmnbo! Bddpvou!Nbobhfs;
Dbmmjf!Tfmmfdl!Czse! Ufdiojdbm!Tbmft!Sfq;
JufnEftdsjqujpoRuzQsjdf
Voju
Bmufd!Npefm!BU52N!Bsujdvmbujoh!Ufmftdpqjd!Bfsjbm!Efwjdf!xjui!b!gjcfshmbtt!vqqfs!cppn22/
boe!gjcfshmbtt!jotvmbups!jo!uif!bsujdvmbujoh!bsn!boe!qspqpsujpobm!kpztujdl!vqqfs!dpouspmt/
Cvjmu!jo!bddpsebodf!up!BMUFD(t!tuboebse!tqfdjgjdbujpot!boe!up!jodmvef!uif!gpmmpxjoh
gfbuvsft;
Hspvoe!up!Cpuupn!pg!Qmbugpsn!Ifjhiu;!51/9!gffu!bu!8/4!gffu!gspn!dfoufsmjof!pgB/
spubujpo!)23/56!n!bu!3/32!n*
Xpsljoh!Ifjhiu;!56/9!gffu!)24/:7!n* C/
Nbyjnvn!sfbdi!up!fehf!pg!qmbugpsn!xjui!Vqqfs!Cppn!Opo.!pwfsdfoufs;!!41/2!!gffuD/
bu!28/4!gffu!qmbugpsn!ifjhiu*
Vqqfs!cppn!fyufotjpo;!221!jodiftE/
Dpoujovpvt!spubujpoF/
Bsujdvmbujoh!Bsn;!Bsujdvmbujpo!jt!gspn!.4!up!93!efhsfft/!!Jotvmbups!qspwjeft!2: G/
jodift!pg!jtpmbujpo/
Dpnqfotbujpo!Tztufn;!Cz!sbjtjoh!uif!bsujdvmbujoh!bsn!pomz-!uif!ufmftdpqjd!cppnH/
nbjoubjot!jut!sfmbujwf!bohmf!jo!sfmbujpo!up!uif!hspvoe/!!Uif!xpsl!qptjujpo!jt
bdijfwfe!uispvhi!b!tjohmf!gvodujpo!pqfsbujpo/
Vqqfs!Cppn;!Bsujdvmbujpo!jt!gspn!.36!up!96!efhsfft/!!Uif!gjcfshmbtt!tfdujpoI/
qspwjeft!b!njojnvn!pg!21/:!jodift!pg!jtpmbujpo!jo!uif!vqqfs!cppn!)xifo!sfusbdufe
boe!53/4!jodift!xifo!fyufoefe*/
Qmbugpsn!mfwfmjoh!jt!bdijfwfe!cz!b!izesbvmjd!nbtufs.tmbwf!mfwfmjoh!tztufn/!!UijtJ/
mjgfujnf!tztufn!jt!wfsz!mpx!nbjoufobodf/
Uif!ejfmfdusjdbmmz!uftufe-!jotvmbujoh!vqqfs!dpouspm!tztufn!jodmveft!uif!gpmmpxjohK/
cppn!ujq!dpnqpofout!uibu!dbo!qspwjef!bo!beejujpobm!mbzfs!pg!tfdpoebsz!fmfdusjdbm
dpoubdu!qspufdujpo/
Dpouspm!Iboemf;!B!tjohmf!iboemf!dpouspmmfs!jodpsqpsbujoh!ijhi!fmfdusjdbm!sftjtubodf
dpnqpofout!uibu!jt!ejfmfdusjdbmmz!uftufe!up!51!lW!BD!xjui!op!npsf!uibo!511
njdspbnqfst!pg!mfblbhf/!!Uif!dpouspm!iboemf!jt!hsffo!jo!dpmps!up!ejggfsfoujbuf!ju
gspn!puifs!opo.uftufe!dpouspmmfst/!!Uif!iboemf!bmtp!jodmveft!bo!joufsmpdl!hvbse
uibu!sfevdft!uif!qpufoujbm!gps!jobewfsufou!cppn!pqfsbujpo/
Bvyjmjbsz!Dpouspm!Dpwfst;!!Opo.uftufe!cmvf!tjmjdpo!dpwfst!gps!bvyjmjbsz!dpouspmt/
Dpouspm!Dpotpmf;!!Opo.uftufe!opo.nfubmmjd!dpouspm!dpotpmf!qmbuf/
Cppn!Ujq!Dpwfst;!!Opo.uftufe!opo.nfubmmjd!cppn!ujq!dpwfst/!!Uif!dpwfst!bsf!opu
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
JufnEftdsjqujpoRuzQsjdf
ejfmfdusjdbmmz!uftufe-!cvu!uifz!nbz!qspwjef!tpnf!qspufdujpo!bhbjotu!fmfdusjdbm!
ib{bset/
Izesbvmjd!tztufn;!!Pqfo!dfoufs!)gvmm!qsfttvsf*-!nbyjnvn!gmpx!7!HQN-!nbyjnvn! L/
pqfsbujoh!qsfttvsf!4-111/
Ejfmfdusjd!sbujoh;!Dbufhpsz!D-!57!lW!boe!cfmpxM/
Voju!jt!qbjoufe!xjui!b!qpxefs!dpbu!qbjou!qspdftt!xijdi!qspwjeft!b!gjojti.qbjoufe! N/
tvsgbdf!uibu!jt!ijhimz!sftjtubou!up!dijqqjoh-!tdsbudijoh-!bcsbtjpo!boe!dpssptjpo/
Qbjou!jt!fmfdusptubujdbmmz!bqqmjfe!up!uif!jotjef!bt!xfmm!bt!pvutjef!pg!gbcsjdbufe!qbsut
uifo!ijhi!ufnqfsbuvsf!dvsfe!qsjps!up!bttfncmz!fotvsjoh!nbyjnvn!dpwfsbhf!boe!
qspufdujpo/
Nbovbmt;!Uxp!)3*!Pqfsbups(t!boe!uxp!)3*!Nbjoufobodf0!Qbsut!nbovbmt!dpoubjojoh! O/
jotusvdujpobm!nbsljoht!joejdbujoh!ib{bset!joifsfou!jo!uif!pqfsbujpo!pg!bo!bfsjbm!
efwjdf/
Voju!nffut!ps!fydffet!BOTJ!:3/3!tuboebset/ P/
Qfeftubm23/
Jotubmm!Cppn!Npvoufe!Dpnqpofout!Gps!Vtf!Xjui!Nbovbm!Cppn!Tfdvsjoh!Tztufn24/
Tjohmf!3.Nbo!Qmbugpsn-!Gjcfshmbtt-!35#!y!59#!y!53#-!Foe!Npvou-!291!Efhsff!Spubujpo/25/
Qmbugpsn!Npvoufe!Tjohmf!Iboemf!Dpouspmt26/
Nbufsjbm!Iboemjoh!Kjc0Xjodi-!Izesbvmjdbmmz!Bsujdvmbujoh-!Upq!Npvoufe-!Spvoe!)BSN!Kjc*27/
Uxp!)3*!Qmbugpsn!tufqt!.!!mpdbufe!po!uif!tjef!pg!uif!qmbugpsn!ofbsftu!uif!fmcpx!jo!uif!28/
tupxfe!qptjujpo
Qmbugpsn!Dpwfs!.!tpgu!wjozm-!35!y!59!jodift!)721!y!232:!nn*29/
Qmbugpsn!Mjofs!.!gps!uxp.nbo!gjcfshmbtt!qmbugpsn-!35!y!59!y!53!jodift!)721!y!232:!y!2178!2
nn*-!61!lW!sbujoh!)njojnvn*
Izesbvmjd!Uppm!Djsdvju!bu!Qmbugpsn;!!Pof!tfu!pg!rvjdl!ejtdpoofdu!dpvqmjoht!bu!uif!cppn!ujq221/
gps!pqfo!dfoufs!uppmt/
Fohjof!Tubsu0Tupq!'!Tfdpoebsz!Tupxbhf!Tztufn;!23!WED!qpxfsfe!npups!boe!qvnq!222/
bttfncmz!gps!ufnqpsbsz!pqfsbujpo!pg!uif!voju!jo!b!tjuvbujpo!xifsfjo!uif!qsjnbsz!izesbvmjd!
tpvsdf!gbjmt/!Fmfdusjd!npups!jt!qpxfsfe!cz!uif!dibttjt!cbuufsz/!!Uijt!gfbuvsf!bmmpxt!uif!
pqfsbups!up!dpnqmfufmz!tupx!uif!cppnt-!qmbugpsn-!boe!pvusjhhfst/!!Tfdpoebsz!Tupxbhf!'
Tubsu0Tupq!jt!bdujwbufe!xjui!bo!bjs!qmvohfs!bu!uif!qmbugpsn!ps!npnfoubsz!txjudi!bu!uif!
mpxfs!dpouspm!tubujpo!boe!pvusjhhfst/
Kjc!Tujdl-!47#!M-!opo!fyufotjpo-!dfsujgjfe-!psbohf!jo!dpmps223/
Uispuumf!Dpouspm!.!Nbovbmmz!jodsfbtf0efdsfbtf!dibttjt!fohjof!tqffe!up!qsftfu!wbmvft/224/
Dpouspm!jt!dbqujwf!bjs!pqfsbufe!gspn!uif!qmbugpsn!boe!npnfoubsz!txjudi!pqfsbufe!gspn!
uif!mpxfs!dpouspmt!boe!pvusjhhfs!dpouspmt/
Tmjq!Sjoh;!Sfrvjsfe!gps!fohjof!tubsu0tupq-!tfdpoebsz!tupxbhf!tztufn-!boe!uispuumf!dpouspm225/
pqujpot
Pvusjhhfst-!Qsjnbsz-!Npejgjfe!B.Gsbnf!Xjui!Joufhsbufe!Tvccbtf-!41#.45#!Dibttjt!226/
Ifjhiu-!Fmfdusjd!Joufsmpdl-!Op!Wbmwft!Po!Mfht-!225#!Tqsfbe-!Gjyfe!Tipf!)BU48052!
N0NF0Q0QF0T0TF*
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
JufnEftdsjqujpoRuzQsjdf
Xjodi!mpbe!mjof!txjwfm!ippl227/
Dvtupn!voju!dpmps!)tqfdjgz!dpmps!dpef*/228/
Efubjmt;
Sfe!GSE22;QR
Gjcfshmbtt!boe!qmbtujd!dpnqpofout!sfnbjo!xijuf
Dvtupn!Bcpwf!Spubujpo!Dpmps229/
Efubjmt;
Sfe!GSE22;QR
Dvtupn!Qfeftubm0Upxfs!Dpmps22:/
Efubjmt;
Sfe!GSE22;QR
Dvtupn!Joofs!Pvusjhhfs!Mfh!Dpmps231/
Efubjmt;
Sfe!GSE22;QR
Dvtupn!Pvusjhhfs!Ipvtjoh!Dpmps232/
Efubjmt;
Sfe!GSE22;QR
Voju!'!Izesbvmjd!Bdd/
Tdvgg!Qbe!!35!y!59!!Xjui!Tufq!!Gps!Vtf!Xjui!Qmbugpsn!Mjofs!)V'I!Bdd*233/
Fmfdusjd!Pvusjhhfs!Dpouspmt!gps!pof!)2*!tfu!pg!pvusjhhfst-!esjwf!izesbvmjd!pvusjhhfs!dpouspm!234/
wbmwft/!!Evsbcmf!xfbuifs!qsppg!tfbmfe!fmfduspojd!txjudift!npvoufe!jo!bmvnjovn!cpyft!
mpdbufe!bu!uif!sfbs!pg!uif!voju!vomftt!puifsxjtf!tqfdjgjfe/
Ufnqfsbuvsf!Tjhiu!Hbvhf!)GB!Tvqqmjfe*235/
26!Hbmmpo!Sftfswpjs-!Usjbohvmbs236/
Efubjmt;
Jotubmmfe!cfuxffo!uif!cvmlifbe!'!qfeftubm
P0S!Tpmfopje!wbmwf!jotubmmfe!cfijoe!uif!qfeftubm
Dpme!Xfbuifs!Izesbvmjd!Pjm!)Lfoebmm!Hmbdjbm!Cmv!!Xijdi!Nffut!NjmTqfd!6717*3637/
Tuboebse!Qvnq!Gps!QUP238/
Fmfdusjd!Tijgufe!QUP239/
Tuboebse!Bmufd!QUP0Usbotnjttjpo!Gvodujpobmjuz!gps!Opo.Bmmjtpo!Bvupnbujd!23:/
Usbotnjttjpot;
QUP!xjmm!fohbhf!xifo!usbotnjttjpo!jt!jo!qbsl!boe!uif!Qbsljoh!Csblf!jt!fohbhfe/
Jg!usbotnjttjpo!jt!jo!hfbs-!boe!QUP!txjudi!jt!bdujwbufe-!QUP!xjmm!opu!fohbhf/
Usbotnjttjpo!xjmm!sfnbjo!jo!hfbs/
Podf!uif!usbotnjttjpo!jt!tijgufe!cbdl!joup!hfbs!uif!QUP!xjmm!ejtfohbhf/!!Gps!tpnf!usvdl
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
JufnEftdsjqujpoRuzQsjdf
dpogjhvsbujpot!uif!QUP!txjudi!nvtu!cf!uvsofe!pgg!up!bmmpx!uif!usbotnjttjpo!up!tijgu!joup!
hfbs/
Tuboebse!Qbsljoh!Csblf!Nbdijof!Joufsmpdl;!Qbsljoh!)ipmejoh*!csblf!nvtu!cf!tfu!cfgpsf!241/
nbdijof!jt!pqfsbcmf/
Cpez
Bmufd!Ptdfpmb242/
Gjcfshmbtt!Cpez243/
Bmufd!Tuboebse!Gjcfshmbtt!Cpez!Tqfdjgjdbujpot244/
Npmefe!Gjcfshmbtt!Tjef!DpnqbsunfoutB/
Sfjogpsdfe-!Epvcmf.Mbnjobufe!EppstC/
Ifbwz!Evuz!Tubjomftt!Tuffm!Ijohft!Jotubmmfe!Po!EppstD/
Ifbwz!Evuz!Tusjlfst!Jotubmmfe!Po!Cpez!Gps!Epps!MbudiftE/
Bvupnpujwf.Uzqf!Cvmc!Hbtlfu!Epps!TfbmF/
Dpssptjpo!Sftjtubou!Gbtufofst!Boe!Tfmg.Mpdljoh!Ovut!Vtfe!UispvhipvuG/
Fyusvefe!Bmvnjovn!Esjq!SbjmH/
Gjcfshmbtt!Cvmlifbet!Jotubmmfe!Cfuxffo!DpnqbsunfoutI/
Esbjot!Jotubmmfe!Jo!Fbdi!DpnqbsunfouJ/
Cpez!Up!Cf!WfoufeK/
Mpx.Tjef!Hfofsbm!Tfswjdf!Xjui!Tufq!)MHTT*245/
Hfmdpbu!Gjojti!Foujsf!Cpez/246/
Efubjmt;
Sfe!GSE22;QR
243!jo!ftujnbufe!cpez!mfohui!)Fohjoffsjoh!up!efufsnjof!gjobm!mfohui*247/
5((!Cpez!Xjeui248/
4:((!Cpez!Dpnqbsunfou!Ifjhiu249/
31((!Cpez!Dpnqbsunfou!Efqui24:/
3((!y!7((!Espq.Jo!Dpnqptjuf!Sfubjojoh!Cpbse!Bu!Sfbs!Pg!Cpez251/
Efubjmt;
Ufuifsfe!sfubjojoh!qjo!po!pof!foe
3!y!7!Espq.Jo!Dpnqptjuf!Sfubjojoh!Cpbse!Bu!Upq!Pg!Tjef!Bddftt252/
Efubjmt;
Ufuifsfe!sfubjojoh!qjo!po!pof!foe
Bmvnjovn!Usfbeqmbuf!Po!Tusffutjef!Dpnqbsunfou!Upqt!)Opu!Qsfgfssfe!bt!b!Xbmljoh!253/
Tvsgbdf*
Bmvnjovn!Usfbeqmbuf!Po!Dvsctjef!Dpnqbsunfou!Upqt!)Opu!Qsfgfssfe!bt!b!Xbmljoh!254/
Tvsgbdf*
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
JufnEftdsjqujpoRuzQsjdf
Beiftjwf!Tusjq!Mjhiujoh!)MFE*!Bspvoe!Upq!Boe!Tjeft!Pg!Dpnqbsunfou!Epps!Gbdjoht855/
Tubjomftt!Tuffm!Spubsz!Qbeemf!Mbudift!Xjui!Lfzfe!Mpdlt856/
Bmm!Mpdlt!Lfzfe!Bmjlf!Jodmvejoh!Bddfttpsjft!)Qsfgfssfe!Pqujpo*257/
Tuboebse!Nbtufs!Cpez!Mpdljoh!Tztufn858/
Hbt!Qspq!Sjhje!Epps!Ipmefst!Po!Bmm!Wfsujdbm!Eppst259/
Dibjot!Po!Bmm!Ipsj{poubm!Eppst25:/
Uxp!Dipdl!Ipmefst!Jo!Gfoefs!Qbofm!Po!Dvsctjef!Pg!Cpez261/
4027((!Bmvnjovn!Usfbeqmbuf!Gmpps262/
5((!Bmvnjovn!Diboofm!Cpez!Gsbnf263/
2tu!Wfsujdbm!)TT*!.!Bekvtubcmf!Bmvnjovn!Tifmg!Xjui!Sfnpwbcmf!Ejwjefst!Po!5((!Dfoufst464/
2tu!Wfsujdbm!)TT*!.!Pvusjhhfs!Ipvtjoh-!Xjui!Pvusjhhfs!Qjo!Bddftt!Bt!Offefe265/
3oe!Wfsujdbm!)TT*!.!Bekvtubcmf!Bmvnjovn!Tifmg!Xjui!Sfnpwbcmf!Ejwjefst!Po!5((!Dfoufst466/
2tu!Ipsj{poubm!)TT*!.!Wbdbou267/
Sfbs!Wfsujdbm!)TT*!.!Bekvtubcmf!Bmvnjovn!Tifmg!Xjui!Sfnpwbcmf!Ejwjefst!Po!5((!Dfoufst468/
2tu!Wfsujdbm!)DT*!.!Bekvtubcmf!Bmvnjovn!Tifmg!Xjui!Sfnpwbcmf!Ejwjefst!Po!5!Dfoufst469/
2tu!Wfsujdbm!)DT*!.!Pvusjhhfs!Ipvtjoh-!Xjui!Pvusjhhfs!Qjo!Bddftt!Bt!Offefe26:/
3oe!Wfsujdbm!)DT*!.!Bmvnjovn!Hsjqtusvu!)Qsfgfssfe*!Bddftt!Tufqt!x0!Uxp!)3*!Tmpqfe!271/
Hsbc!Iboemft-!Wfoufe!Cbuufsz!Tupsbhf!)Lfzfe!Mpdl*
2tu!Ipsj{poubm!)DT*!.!Bekvtubcmf!Bmvnjovn!Tifmg!Xjui!Sfnpwbcmf!Ejwjefst!Po!5((!372/
Dfoufst
2tu!Ipsj{poubm!)DT*!.!Gjyfe!Bmvnjovn!Tifmg!Xjui!Sfnpwbcmf!Ejwjefst!Po!5((!Dfoufst273/
Sfbs!Wfsujdbm!)DT*!.!Bekvtubcmf!Bmvnjovn!Tifmg!Xjui!Sfnpwbcmf!Ejwjefst!Po!5((!Dfoufst474/
209((!Bmvnjovn!Xiffm!Xfmm!Mjofst275/
Bmvnjovn!Spdl!Hvbset!Jotubmmfe!Fbdi!Gspou!Dpsofs!Pg!Cpez276/
Bmvnjovn!Usfbeqmbuf!Dbshp!Mjofs!Po!Xbmmt277/
41((!M!Ubjmtifmg-!Voqbjoufe!Bmvnjovn-!Xjeui!Up!Nbudi!Cpez278/
Bmvnjovn!Dsptt!Tupsbhf!Mpdbufe!Cfuxffo!Ubjmtifmg!Gmpps!Boe!Upq!Pg!Dibttjt!Gsbnf!279/
Sbjm-!Xjui!Espq!Epxo!Eppst!Boe!Lfzfe!Mbudift!Po!Tusffutjef!Boe!Dvsctjef-!Bt!Xjef!
Bt!Qpttjcmf
Voqbjoufe!bmvnjovn!pvusjhhfs!qbe!ipmefs-!31!jo!m!y!31!jo!x!y!4!jo!i-!gjut!2:/6!jo!y!2:/6!jo!37:/
y!3!jo!boe!tnbmmfs!qbet-!cpmu.po-!cpuupn!xbtipvu!ipmft-!405!jo!mjq!sfubjofs
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
JufnEftdsjqujpoRuzQsjdf
Cpez!boe!Dibttjt!Bddfttpsjft
Tfu!pg!Tbgfuz!Dibjo!Fzf!Cpmut281/
JDD!)Voefssjef!Qspufdujpo*!Cvnqfs-!Jotubmmfe!bu!Sfbs282/
Sfdfjwfs!Ijudi-!3#-!Dmbtt!4-!Op!Qjoumf!Ijudi-!Tbgfuz!Dibjo!Fzf!Cpmut283/
Fzfcpmu!gps!Usbjmfs!Csfblbxbz!Dbcmf-!409!Jodi284/
Esjwfbxbz!Tbgfuz!Lju285/
Jotubmm!Dpvoufsxfjhiu!bt!Offefe286/
Svccfs!Cfmufe!Tufq-!23!I!8!E!35!X-!Bmvnjovn-!Npvoufe!Cfofbui!Tjef!Bddftt!Tufqt!287/
Jotubmmfe!up!Fyufoe!Bqqspy/!3!Pvuxbse*
Cppn!Sftu!gps!b!Ufmftdpqjd!Voju!)Mpdbufe!jo!Dbshp!Bsfb*-!Nbovbm!Cppn!Mbudi288/
Nbovbm!Cppn!Tupx!Tfdvsjoh!Tztufn!Jotubmmfe!po!Cppn!Sftu289/
Qmbugpsn!Sftu-!Sjhje!xjui!Svccfs!Uvcf28:/
Qmbtujd!Pvusjhhfs!Qbe-!29#!y!29#!y!2#-!Xjui!Iboemf391/
Pvusjhhfs!Qbe!Ipmefst!Pqujpo!2392/
Efubjmt;
Pvusjhhfs!qbe!ipmefs!qspwjefe!cz!cpez!qmbou/
Qfoevmvn!Sfubjofst!gps!Pvusjhhfs!Qbe!Ipmefst393/
Xiffm!Dipdlt!Svccfs!xjui!Nfubm!Ibjsqjo!Iboemf!:/86!M!y!8/86!X!y!6!I!)Qbjs*!)Bmufd!294/
Qsfgfssfe*
Nve!Gmbqt!xjui!Bmufd!Mphp!)Qbjs*295/
Tbgfuz!Ibsoftt!boe!5/6!Gu!Mbozbse!)Gjut!Nfejvn!up!Ymbshf*296/
Tmpqf!Joejdbups!Bttfncmz!gps!Nbdijof!xjui!Pvusjhhfs297/
Wjozm!Nbovbm!Qpvdi!gps!Tupsbhf!pg!Bmm!Pqfsbups!boe!Qbsut!Nbovbmt298/
Fmfdusjdbm!Bddfttpsjft
Dpnqbsunfou!Mjhiut!Xjsfe!Up!Ebti!Npvoufe!Nbtufs!Txjudi299/
Mjhiut!Boe!Sfgmfdupst!Jo!Bddpsebodf!Xjui!GNWTT!219!)Dpnqmfuf!MFE*29:/
Tuspcf!Cfbdpo!Bncfs!MFE!xjui!Csvti!Hvbse!)Tuboebse*!)Ufdojr!$L21.BBBE.2*!Dmbtt!JJ31/
Qfsnju!Nbz!Cf!Sfrvjsfe*!)Bmufd0Tupdl!Qsfgfssfe*
Efubjmt;
Qptu!Npvoufe!bu!gspou!pg!cpez-!pof!)2*!po!fbdi!tjef/
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
JufnEftdsjqujpoRuzQsjdf
5.Dpsofs!Tuspcft-!Bncfs-!MFE-!Uxp!)3*!Tvsgbdf!Npvoufe!Mjhiut!Jo!Hsjmmf-!Uxp!)3*!22/
Spvoe!Mjhiut!Bu!Sfbs-!Dmbtt!JJ!)Qfsnju!Nbz!Cf!Sfrvjsfe*
Tuspcf!Mjhiut!Xjsfe!Cbuufsz!Ipu23/
Sfnpuf!Tqpu!Mjhiu-!MFE-!Qfsnbofou!Npvou-!Xjui!Qsphsbnnbcmf!Xjsfmftt!Sfnpuf!)Hp.34/
Mjhiu!$31115*
Efubjmt;
Qptu!npvoufe!bu!gspou!pg!cpez-!pof!)2*!fbdi!tjef/
Jocpbse!pg!tuspcf!cfbdpot
Evbm!Upof!Cbdlvq!Bmbsn!Xjui!Pvusjhhfs!Npujpo!Bmbsn25/
QUP!Ipvs!Nfufs-!Ejhjubm-!Xjui!21!111!Ipvs!Ejtqmbz26/
Usbjmfs!Sfdfqubdmf-!8.Xbz!)Cmbef!Uzqf*!Jotubmmfe!Bu!Sfbs27/
Vqgjuufs!Txjudift-!Gpse!)Tvqqmjfe!xjui!Dibttjt*28/
Qpxfs!Ejtusjcvujpo!Npevmf!)QEN.7*!jt!b!dpnqbdu!tfmg.dpoubjofe!fmfduspojd!tztufn!uibu!29/
qspwjeft!b!tuboebsej{fe!joufsgbdf!xjui!uif!dibttjt!fmfdusjdbm!tztufn/!!)Jodmveft!
Pqfsbups(t!Nbovbm*
Jotubmm!Dibttjt!)PFN*!Tvqqmjfe!Cbdlvq!Dbnfsb!Jo!Gjobm!Bttfncmz2
Jotubmm!Tfdpoebsz!Tupxbhf!boe!Sfnpuf!Tubsu0Tupq!Tztufn!jo!Gjobm!Bttfncmz2211/
Jotubmm!Pvusjhhfs!Joufsmpdl!Tztufn!Jo!Gjobm!Bttfncmz2212/
Jotubmm!Uxp!Tqffe!Uispuumf!Tztufn!Jo!Gjobm!Bttfncmz2213/
Ifbwz!Evuz!Tfdpoebsz!Tupxbhf!Qvnq!)Tvqqmjfe!Cz!Gjobm!Bttfncmz*2214/
QUP!Joejdbups!Mjhiu-!Jotubmmfe!Jo!Dbc2215/
Gjojtijoh!Efubjmt
Gspou!boe!Sfbs!Gsbnf!Npvoufe!Dpnqpofout!boe!Voefs!Cpez!Npvoufe!Dpnqpofout!2216/
Xjmm!Cf!Qbjoufe!Cmbdl!!EFQT!116!!EFQT!1:6!)Jodmveft!Opo!PFN!Gspou!Cvnqfst!boe!
Dbchvbset*
Dvtupn!Bcpwf!Spubujpo!Dpmps2217/
Efubjmt;
Sfe!GSE22;QR
Dvtupn!Qfeftubm!Dpmps2218/
Efubjmt;
Sfe!GSE22;QR
Dvtupn!Joofs!Pvusjhhfs!Mfh!Dpmps2219/
Efubjmt;
Sfe!GSE22;QR
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
JufnEftdsjqujpoRuzQsjdf
Dvtupn!Pvusjhhfs!Ipvtjoh!Dpmps221:/
Efubjmt;
Sfe!GSE22;QR
Gjojti!Qbjou!Cpez!Bddfttpsjft!Dvtupn!Dpmps!)Tqfdjgz!Dpmps!Dpef*2221/
Efubjmt;
Sfe!GSE22;QR
Bqqmz!Opo.Tlje!Dpbujoh!)Cmbdl*!up!Bmm!Xbmljoh!Tvsgbdft!EFQT!1682222/
Efubjmt;
Qspwjef!pomz!b!29#!xjef!tusjq!jo!uif!dbshp!bsfb!xjui!b!mfbejoh!fehf!gspn!uif!3oe!wfsujdbm
bddftt!up!uif!qmbugpsn
Tbgfuz!boe!Jotusvdujpobm!Efdbmt!Fohmjti2223/
Wfijdmf!Ifjhiu!Qmbdbse!Jotubmmfe!Jo!Dbc!EFQT!1132224/
Lfoebmm!Hmbdjbm!Cmv!Izesbvmjd!Pjm!Qmbdbse2225/
Ejfmfdusjd!Uftu!Voju!Bddpsejoh!up!BOTJ!Sfrvjsfnfout2226/
Tubcjmjuz!Uftu!Voju!Bddpsejoh!up!BOTJ!Sfrvjsfnfout2227/
Gpdvt!Gbdupsz!Cvjme2228/
Efmjwfsz!Pg!Dpnqmfufe!Voju2229/
Jocpvoe!Gsfjhiu222:/
Bt!Cvjmu!Fmfdusjdbm!boe!Izesbvmjd!Tdifnbujdt!up!cf!Jodmvefe!Jo!uif!Nbovbm!Qpvdi!)Efqt!2231/
135*
Dpnqmfufe!Uftu!Gpsnt!Up!Cf!Jodmvefe!Jo!Uif!Nbovbm!Qpvdi;2232/
Tubcjmjuz!Uftu!Gpsn
Ejfmfdusjd!Uftu!Gpsn!)Gps!Jotvmbufe!Vojut*
Dibttjt
Bmufd!Tvqqmjfe!Dibttjt2233/
Dibttjt2234/
3135!Npefm!Zfbs2235/
Gpse!G6612236/
Evbm!Sfbs!Xiffm2237/
5y52238/
Dibttjt!Dbc2239/
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
JufnEftdsjqujpoRuzQsjdf
Fyufoefe!Dbc!)Mbshfs!Dbc!Xjui!Ibmg.Mfohui!Sfbs!Eppst!Ps!Op!Sfbs!Eppst*223:/
Dibttjt!Dpmps!.!Sfe2241/
QR;!Sbdf!Sfe
BN0GN!Sbejp2242/
Cmvfuppui2243/
Cmpdl!Ifbufs2244/
Mjnjufe!Tmjq!Sfbs!Bymf2245/
Svoojoh!Cpbset!)Tvqqmjfe!Cz!Dibttjt!PFN*2246/
Tlje!Qmbuf2247/
Topx!Qmpx!Qbdlbhf2248/
Usbjmfs!Csblf!Dpouspmmfs!)Gbdupsz!Jotubmmfe*2249/
Bjs!Dpoejujpojoh224:/
Cbdlvq!Dbnfsb-!PFN!Tvqqmjfe2251/
Dsvjtf!Dpouspm2252/
Lfzmftt!Fousz2253/
Qpxfs!Epps!Mpdlt2254/
Qpxfs!Xjoepxt2255/
Ujmu!Tuffsjoh!Xiffm2256/
95!Dmfbs!DB!)Spvoe!Up!Ofyu!Xipmf!Ovncfs*2257/
HWXS!2:-611!MCT2258/
8-611!MCT!Gspou!HBXS2259/
25-817!MCT!Sfbs!HBXS225:/
Tqsjoh!Tvtqfotjpo2261/
Gpse!7/8M!Qpxfs!Tusplf!Ejftfm2262/
Ejftfm2263/
Gpse!Upsrtijgu!21.Tqffe!Bvupnbujd!Usbotnjttjpo!)x0QUP!Qspwjtjpo*2264/
Gpse!51!Hbmmpo!Gvfm!Ubol!)Sfbs*2265/
Gpse!8/3!Hbmmpo!EFG!Ubol!)Nje!Npvou*2266/
Gpse!F0G361.661!Tjohmf!Ipsj{poubm!Sjhiu!Tjef!Fyibvtu2267/
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
JufnEftdsjqujpoRuzQsjdf
Dmfbo!Jemf!Dfsujgjdbujpo2268/
DBSC!Dpnqmjbou2269/
Op!Jemf!Fohjof!Tivu.Epxo!Sfrvjsfe226:/
336081S2:/6!Gspou!Ujsf!)Usbdujpo*2271/
336081S2:/6!Sfbs!Ujsf!)Usbdujpo*2272/
Izesbvmjd!Csblft2273/
Qbsl!Csblf!Jo!Sfbs!Xiffmt2274/
983!.!Sfbs!Wjfx!Dbnfsb!boe!Qsfq!Lju2275/
9S!.!Pqfsbups!Dpnnboefe!Sfhfofsbujpo!)PDS*2276/
YMU!Usjn!Qbdlbhf2277/
Dmpui!Tqmju!Cfodi!Tfbu2278/
Beejujpobm!Qsjdjoh
Tuboebse!Bmufd!Xbssbouz;!Pof!)2*!zfbs!qbsut!xbssbouz-!pof!)2*!zfbs!mbcps!xbssbouz-!2279/
ojofuz!):1*!ebzt!xbssbouz!gps!usbwfm!dibshft-!mjnjufe!mjgfujnf!tusvduvsbm!xbssbouz
Voju!0!Cpez!0!Dibttjt!Upubm319-773/11
GFU!Upubm1/11
Upubm319-773/11
Bmufd!Joevtusjft-!Jod/
CZ
Dbmmjf!Tfmmfdl!Czse!
Opuft;
2Bmufd!xjmm!nblf!fwfsz!fggpsu!up!ipops!uijt!rvpubujpo-!tvckfdu!up!uif!gpmmpxjoh!qspwjtjpot/!Qsjdft!gps!frvjqnfou
xjui!qspevdujpo!tubsu!ebuft!23!npouit!boe!cfzpoe!bsf!cvehfubsz!pomz!evf!up!jssfhvmbs!dptu!jogmbujpo!boe!
nbslfu!wpmbujmjuz/!Uiftf!qsjdft!xjmm!cf!sfwjfxfe!cbtfe!po!nbslfu!dpoejujpot!boe!dpogjsnfe!dmptfs!up!uif!
qspevdujpo!ebuf/
Gps!b!rvpufe!dibttjt!npefm!zfbs!cfzpoe!uif!dvssfou!pqfo!psefs!cbol-!dibttjt!npefm!zfbs-!tqfdjgjdbujpot!
boe!qsjdf!tipvme!cf!dpotjefsfe!ftujnbuft!pomz!boe!tvckfdu!up!dibohf/!Dibttjt!npefm!zfbs-!tqfdjgjdbujpot!
boe!qsjdf!xjmm!cf!sfwjfxfe!boe!dpogjsnfe!xifo!tqfdjgjd!npefm!zfbs!jogpsnbujpo!cfdpnft!bwbjmbcmf!gspn!uif
PFN/
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
3Bmufd!ublft!qsjef!jo!pggfsjoh!tpmvujpot!uibu!qspwjef!b!tbgfs!xpsl!fowjsponfou!gps!pvs!dvtupnfst/!Jo!bo!fggpsu!
up!gpdvt!po!tbgfuz-!xf!xpvme!fodpvsbhf!zpv!up!dpotjefs!uif!gpmmpxjoh!jufnt;!
Pvusjhhfs!qbet!)Xifo!Bqqmjdbcmf*!
Gbmm!Qspufdujpo!Tztufn!
Gjsf!fyujohvjtifs0EPU!lju!
Qmbugpsn!Mjofs!)Xifo!Bqqmjdbcmf*!
Bmufd!Tfousz!Usbjojoh!
Xiffm!Dipdlt!
Uif!bgpsfnfoujpofe!frvjqnfou!dbo!cf!pggfsfe!jo!pvs!ofx!frvjqnfou!rvpubujpot/!Jg!zpv!gjoe!uibu!boz!pg!
uiftf!jufnt!ibwf!opu!cffo!mjtufe!bt!qsjdfe!pqujpot!xjui!bo!jufn!ovncfs!jo!uif!cpez!pg!zpvs!rvpubujpo!boe!
bsf!sfrvjsfe!cz!zpvs!dpnqboz-!xf!xpvme!fodpvsbhf!zpv!up!dpoubdu!zpvs!Bmufd!Bddpvou!Nbobhfs!boe!ibwf!
bo!vqebufe!rvpuf!wfstjpo!tfou!up!zpv/!Uiftf!pqujpot!nvtu!cf!mjtufe!xjui!bo!jufn!ovncfs!jo!uif!rvpubujpo!
gps!uifn!up!cf!tvqqmjfe!cz!Bmufd/
4Uif!gjobm!gvmmz!mpbefe!xfjhiu!pg!uif!usvdl!boe!tusvduvsbm!sbujoht!pg!uif!ijudi!bttfncmz!nbz!sfevdf!uif!upxjoh
dbqbdjuz!boe!uif!wfsujdbm!mpbe!dbqbdjuz!pg!uif!gjojtife!usvdl/!Uiftf!dbqbdjujft!nbz!opu!nbudi!uif!sbujoht!pg!
uif!dibttjt!ps!ijudi/
5Bmufd!Fyufoefe!Xbssbouz!Pqujpo;!
Bo!Bmufd!Fyufoefe!Xbssbouz!jt!bo!fyufotjpo!pg!Bmufd(t!Mjnjufe!Xbssbouz!boe!qspufdut!zpv!gspn!uif!sfqbjs!
dptu!bttpdjbufe!xjui!efgfdut!pg!nbufsjbmt!boe!xpslnbotijq!bgufs!uif!tuboebse!Mjnjufe!Xbssbouz!fyqjsft/
Bmufd!pggfst!nboz!uzqft!pg!dpwfsbhft!boe!dpwfsbhf!qbdlbhft/!!Btl!zpvs!Bmufd!bddpvou!nbobhfs!gps!efubjmt/
Rvpuft!bsf!bwbjmbcmf!vqpo!sfrvftu/
6Vomftt!puifsxjtf!opufe-!bmm!nfbtvsfnfout!vtfe!jo!uijt!rvpuf!bsf!cbtfe!po!b!51!jodi!)2127nn*!dibttjt!
gsbnf!ifjhiu!boe!tuboebse!dbc!ifjhiu!gps!tuboebse!dpogjhvsbujpot/
7Bmufd!Tuboebse!Xbssbouz;
Pof!)2*!zfbs!qbsut!xbssbouz/
Pof!)2*!zfbs!mbcps!xbssbouz/
Ojofuz!):1*!ebzt!xbssbouz!gps!usbwfm!dibshft/
Xbssbouz!po!tusvduvsbm!joufhsjuz!pg!uif!gpmmpxjoh!nbkps!dpnqpofout!jt!up!cf!xbssboufe!gps!tp!mpoh!bt!uif!
jojujbm!qvsdibtfs!pxot!uif!qspevdu;!Cppnt-!cppn!bsujdvmbujpo!mjolt-!izesbvmjd!dzmjoefs!tusvduvsft-!pvusjhhfs!
xfmenfout-!qfeftubmt-!tvccbtft!boe!uvsoubcmft/
Bmufd!jt!up!tvqqmz!b!tfmg.ejsfdufe-!dpnqvufs!cbtfe!usbjojoh!)DCU*!qsphsbn/!!Uijt!qsphsbn!xjmm!qspwjef!cbtjd!
jotusvdujpo!jo!uif!tbgf!pqfsbujpo!pg!uijt!bfsjbm!efwjdf/!!Uijt!qsphsbn!xjmm!bmtp!jodmvef!boe!fyqmbjo!BOTJ!boe!
PTIB!sfrvjsfnfout!sfmbufe!up!uif!qspqfs!vtf!boe!pqfsbujpo!pg!uijt!voju/
Bmufd!pggfst!jut!tuboebse!mjnjufe!xbssbouz!xjui!uif!Bmufd!tvqqmjfe!dpnqpofout!xijdi!nblf!vq!uif!Bmufd!Voju!
boe!jut!jotubmmbujpo-!cvu!fyqsfttmz!ejtdmbjnt!boz!boe!bmm!xbssboujft-!mjbcjmjujft-!boe!sftqpotjcjmjujft-!jodmvejoh!
boz!jnqmjfe!xbssboujft!pg!gjuoftt!gps!b!qbsujdvmbs!qvsqptf!boe!nfsdiboubcjmjuz-!gps!boz!dvtupnfs!tvqqmjfe!
qbsut
Bmufd!eftjhot!boe!nbovgbduvsft!up!bqqmjdbcmf!Gfefsbm!Npups!Wfijdmf!Tbgfuz!boe!EPU!tuboebset
8Qsjdf!epft!opu!sfgmfdu!boz!mpdbm-!tubuf!ps!Gfefsbm!Fydjtf!Ubyft!)G/F/U*/!!Uif!rvpuf!bmtp!epft!opu!sfgmfdu!boz
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
Rvpuf!Ovncfs;2318244!.!2
mpdbm!ujumf!ps!mjdfotjoh!gfft/!Bmm!bqqspqsjbuf!ubyft!xjmm!cf!beefe!up!uif!gjobm!qsjdf!jo!bddpsebodf!xjui!
sfhvmbujpot!jo!fggfdu!bu!ujnf!pg!jowpjdjoh/
9G/P/C/!.!Dvtupnfs!Tjuf
Bmufd!wbmvft!zpvs!ebub!qsjwbdz/!Uif!Bmufd!Gbnjmz!pg!Dpnqbojft!)jodmvejoh!Bmufd-!Jod/-!boe!ju(t!tvctjejbsjft*!
nbz!dpmmfdu!ufmfnbujdt!ebub!gspn!uif!frvjqnfou!zpv!pxo/!Qmfbtf!sfwjfx!Bmufd(t!Frvjqnfou!Ebub!Qsjwbdz!
Opujdf!po!xxx/bmufd/dpn!gps!npsf!jogpsnbujpo/!Cz!qvsdibtjoh!frvjqnfou!gspn!Bmufd-!zpv!dpotfou!up!Bmufd(t
sjhiu!up!dpmmfdu!boe!vtf!tvdi!ebub/
21Joufsftu!dibshf!pg!203&!qfs!npoui!up!cf!beefe!gps!mbuf!qbznfou/
22Dibohft!nbef!up!uijt!psefs!nbz!bggfdu!xifuifs!ps!opu!uijt!wfijdmf!jt!tvckfdu!up!G/F/U/!!B!sfwjfx!xjmm!cf!
nbef!bu!uif!ujnf!pg!jowpjdjoh!boe!boz!bqqmjdbcmf!G/F/U/!xjmm!cf!beefe!up!uif!jowpjdf!bnpvou/
23Usbef.jo!pggfs!jt!dpoejujpobm!vqpo!frvjqnfou!cfjoh!nbjoubjofe!up!EPU!)Efqbsunfou!pg!Usbotqpsubujpo*!
pqfsbujoh!boe!tbgfuz!tuboebset!boe!sfnbjojoh!jo!dpnqmjbodf!pg!EPU!voujm!bssjwbm!bu!bo!Bmufd!Gbdjmjuz/!!Uijt!
xjmm!jodmvef-!cvu!jt!opu!mjnjufe!up!fohjof-!ujsft-!mjhiut-!csblft-!hmbtt-!fud/!!Bmm!frvjqnfou-!j/f/-!kjct-!xjodift-!
qjoumf!ipplt-!usbjmfs!dpoofdupst-!fud/-!bsf!up!sfnbjo!xjui!voju!vomftt!puifsxjtf!bhsffe!vqpo!jo!xsjujoh!cz!
cpui!qbsujft/!!BMUFD!Joevtusjft!sftfswft!uif!sjhiu!up!sf.ofhpujbuf!jut!usbef.jo!pggfs!jg!uiftf!dpoejujpot!bsf!
opu!nfu/
Bmm!sfbtpobcmf!boe!ofdfttbsz!fyqfotft!sfrvjsfe!pg!BMUFD!Joevtusjft!up!fyfdvuf!usbotqpsubujpo!pg!uif!
usbef.jo!xjmm!cf!jowpjdfe!up!uif!dvtupnfs!gps!qbznfou!jg!uiftf!dpoejujpot!bsf!opu!nfu!up!nbjoubjo!EPU!
tuboebset/
Dvtupnfs!nbz!fyfsdjtf!uif!pqujpo!up!sftdjoe!uijt!bhsffnfou!jo!xsjujoh!xjuijo!tjyuz!)71*!ebzt!bgufs!sfdfjqu!pg!
qvsdibtf!psefs/!!Bgufs!uibu!ujnf!BMUFD!Joevtusjft!xjmm!fyqfdu!sfdfjqu!pg!usbef.jo!wfijdmf!vqpo!efmjwfsz!pg!
ofx!frvjqnfou!bt!qbsu!pg!uif!ufsnt!pg!uif!qvsdibtf!psefs!vomftt!puifs!bssbohfnfout!ibwf!cffo!nbef/
24Boz!qbznfou!nbef!cz!b!dsfeju!dbse!nbz!cf!tvckfdu!up!b!tvsdibshf!gff/
25Ftujnbufe!Efmjwfsz;!33.36!npouit!bgufs!sfdfjqu!pg!psefs!QSPWJEJOH;
B/!Dvtupnfs!tvqqmjfe!dibttjt!jt!sfdfjwfe!b!njojnvn!pg!tjyuz!)71*!ebzt!cfgpsf!tdifevmfe!efmjwfsz/
C/!Dvtupnfs!bqqspwbm!esbxjoht!bsf!sfuvsofe!cz!sfrvftufe!ebuf/
D/!Dvtupnfs!tvqqmjfe!bddfttpsjft!bsf!sfdfjwfe!cz!ebuf!ofdfttbsz!gps!dpnqmjbodf!xjui!tdifevmfe!efmjwfsz/
E/!Dvtupnfs!fyqfdubujpot!bsf!bddvsbufmz!dbquvsfe!qsjps!up!nbkps!dpnqpofout!cfjoh!psefsfe!)cpez-!
dibttjt*!boe!mjof!tfu!ebuf/!Vofyqfdufe!beejujpot!ps!dibohft!nbef!bgufs!uijt!ujnf!ps!bu!b!dvtupnfs!
jotqfdujpo!xjmm!efmbz!uif!efmjwfsz!pg!uif!wfijdmf/
Ftujnbufe!Efmjwfsz!jt!cbtfe!po!jogpsnbujpo!bu!ujnf!pg!rvpuf!boe!jt!tvckfdu!up!dibohf/
Bmufd!sftfswft!uif!sjhiu!up!dibohf!tvqqmjfst!jo!psefs!up!nffu!dvtupnfs!efmjwfsz!sfrvjsfnfout-!vomftt!
tqfdjgjdbmmz!jefoujgjfe-!cz!uif!dvtupnfs-!evsjoh!uif!rvpuf!boe!ps!psefsjoh!qspdftt/
26Bgufs!uif!jojujbm!xbssbouz!qfsjpe-!Bmufd!Joevtusjft-!Jod/!pggfst!npcjmf!tfswjdf!vojut-!jo.tipq!tfswjdf!boe!tbnf!
ebz!qbsut!tijqnfout!po!nptu!qbsut!gspn!tfswjdf!mpdbujpot!obujpoxjef!bu!bo!beejujpobm!dpnqfujujwf!mbcps!boe!
qbsut!sbuf/!Dbmm!988.HP.BMUFD!gps!bmm!pg!zpvs!Qbsut!boe!Tfswjdf!offet/
27Uijt!rvpubujpo!jt!wbmje!voujm!BVH!37-3133/!Bgufs!uijt!ebuf-!qmfbtf!dpoubdu!Bmufd!Joevtusjft-!Jod/!gps!b!qpttjcmf
fyufotjpo/
28GJOBODJOH!BWBJMBCMF;!Qmfbtf!dpoubdu!Bmufd!Dbqjubm!bu!)999*!519.9259!ps!fnbjm!gjobodfAbmufd/dpn!gps!
npsf!jogpsnbujpo/
29Qmfbtf!ejsfdu!bmm!rvftujpot!up!Nbsl!Xjmmnbo!!bu!):2:*!639.3646
Xf!Xjti!Up!Uibol!Zpv!Gps!Hjwjoh!Vt!Uif!Qmfbtvsf!
Boe!Pqqpsuvojuz!pg!Tfswjoh!Zpv!
VUJMJUZ!FRVJQNFOU!BOE!CPEJFT!TJODF!2:3:
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326
Dmjfou!Qspqptbm
Qsfqbsfe!cz;
LBDJ!TDIOFJEFS
Pggjdf;!927.:12.5952
Fnbjm;!Lbdj/tdiofjefsAbmufd/dpn
Rvpuf!JE;!332::5
Ebuf;!1902203133
Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F-!Ivspo-!Pijp-!5594:2855
Pggjdf;!52:.544.5515
2
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Bt!Dpogjhvsfe!Wfijdmf
DpefEftdsjqujpo
Cbtf!Wfijdmf
Y6ICbtf!Wfijdmf!Qsjdf!)Y6I*
Qbdlbhft
774BPsefs!Dpef!774B
Jodmveft;
Usbotnjttjpo;!UpsrTijgu!21.Tqffe!Bvupnbujd
Jodmveft!ofvusbm!jemf!boe!tfmfdubcmf!esjwf!npeft;!opsnbm-!upx0ibvm-!fdp-
effq!tboe0topx!boe!tmjqqfsz/
Xiffmt;!2:/6#!y!7#!Bshfou!Qbjoufe!Tuffm
Ivc!dpwfst0dfoufs!psobnfout!opu!jodmvefe/
Sbejp;!BN0GN!Tufsfp!x0NQ4!Qmbzfs
Jodmveft!8!tqfblfst!boe!bvyjmjbsz!bvejp!joqvu!kbdl/
TZOD!4!Dpnnvojdbujpot!'!Foufsubjonfou!Tztufn
Jodmveft!foibodfe!wpjdf!sfdphojujpo-!9#!MDE!dbqbdjujwf!upvditdsffo!jo
dfoufs!tubdl!xjui!txjqf!dbqbcjmjuz-!qjodi.up.{ppn!dbqbcjmjuz!jodmvefe!xjui
bwbjmbcmf!wpjdf.bdujwbufe!upvditdsffo!obwjhbujpo!tztufn-!BqqMjol-!:22
Bttjtu-!Bqqmf!DbsQmbz!boe!Boespje!Bvup!boe!3!tnbsu.dibshjoh!VTC!qpsut/
TZOD!BqqMjol!mfut!zpv!dpouspm!tpnf!pg!zpvs!gbwpsjuf!dpnqbujcmf!npcjmf
bqqt!xjui!zpvs!wpjdf/!Ju!jt!dpnqbujcmf!xjui!tfmfdu!tnbsuqipof!qmbugpsnt/
Dpnnboet!nbz!wbsz!cz!qipof!boe!BqqMjol!tpguxbsft/
TjsjvtYN!Sbejp
Jodmveft!2!J0Q!npvoufe!dfoufs!tqfblfs!boe!b!4.npoui!qsfqbje
tvctdsjqujpo/!Tfswjdf!jt!opu!bwbjmbcmf!jo!Bmbtlb!boe!Ibxbjj/!Tvctdsjqujpot
up!bmm!TjsjvtYN!tfswjdft!bsf!tpme!cz!TjsjvtYN!bgufs!usjbm!qfsjpe/!Jg!zpv
efdjef!up!dpoujovf!tfswjdf!bgufs!zpvs!usjbm-!uif!tvctdsjqujpo!qmbo!zpv
dipptf!xjmm!bvupnbujdbmmz!sfofx!uifsfbgufs!boe!zpv!xjmm!cf!dibshfe
bddpsejoh!up!zpvs!diptfo!qbznfou!nfuipe!bu!uifo.dvssfou!sbuft/!Gfft
boe!ubyft!bqqmz/!Up!dbodfm!zpv!nvtu!dbmm!TjsjvtYN!bu!2.977.746.345:/
Tff!TjsjvtYN!dvtupnfs!bhsffnfou!gps!dpnqmfuf!ufsnt!bu
xxx/tjsjvtyn/dpn/!Bmm!gfft!boe!qsphsbnnjoh!tvckfdu!up!dibohf/!Tjsjvt-
YN!boe!bmm!sfmbufe!nbslt!boe!mphpt!bsf!usbefnbslt!pg!Tjsjvt!YN!Sbejp
Jod/
Dmpui!51031051!Tqmju!Cfodi!Tfbu
Jodmveft!31&!dfoufs!voefs.tfbu!tupsbhf-!dfoufs!bsnsftu-!dvqipmefs-
tupsbhf-!3.xbz!bekvtubcmf!esjwfs0qbttfohfs!ifbesftut!boe!esjwfs(t!tjef
nbovbm!mvncbs/
Qpxfsusbjo
UFohjof;!7/8M!5W!PIW!Qpxfs!Tusplf!W9!Uvscp!Ejftfm!C31
Jodmveft!Ejftfm!Fyibvtu!Gmvje!)EFG*!ubol-!joufmmjhfou!pjm.mjgf!npojups!boe
nbovbm!qvti.cvuupo!fohjof.fyibvtu!csbljoh/
Jodmveft;
Evbm!89.BI!861!DDB!Cbuufsjft
55HUsbotnjttjpo;!UpsrTijgu!21.Tqffe!Bvupnbujd
Jodmveft!ofvusbm!jemf!boe!tfmfdubcmf!esjwf!npeft;!opsnbm-!upx0ibvm-!fdp-
effq!tboe0topx!boe!tmjqqfsz/
Y9MMjnjufe!Tmjq!x05/99!Bymf!Sbujp
79NHWXS;!2:-611!mc!Qbzmpbe!Qmvt!Vqhsbef!Qbdlbhf
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
3
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Bt!Dpogjhvsfe!Wfijdmf!)dpou(e*
DpefEftdsjqujpo
Jodmveft!vqhsbefe!gsbnf-!sfbs.bymf!boe!mpx!efgmfdujpo0ijhi!dbqbdjuz
tqsjoht/!Jodsfbtft!nby!SHBXS!up!25-!817/!Opuf;!Tff!Psefs!Hvjef
Tvqqmfnfoubm!Sfgfsfodf!gps!gvsuifs!efubjmt!po!HWXS/
Xiffmt!'!Ujsft
UHLUjsft;!336081Sy2:/6H!CTX!Usbdujpo!)UHL*
Jodmveft!5!usbdujpo!ujsft!po!uif!sfbs!boe!3!usbdujpo!ujsft!po!uif!gspou/!Opu
sfdpnnfoefe!gps!pwfs!uif!spbe!bqqmjdbujpot<!dpvme!jodvs!jssfhvmbs!gspou
ujsf!xfbs!boe0ps!OWI/
75\[Xiffmt;!2:/6#!y!7#!Bshfou!Qbjoufe!Tuffm
Ivc!dpwfst0dfoufs!psobnfout!opu!jodmvefe/
Tfbut!'!Tfbu!Usjn
4Dmpui!51031051!Tqmju!Cfodi!Tfbu
Jodmveft!31&!dfoufs!voefs.tfbu!tupsbhf-!dfoufs!bsnsftu-!dvqipmefs-
tupsbhf-!3.xbz!bekvtubcmf!esjwfs0qbttfohfs!ifbesftut!boe!esjwfs(t!tjef
nbovbm!mvncbs/
Puifs!Pqujpot
QBJOUNpopupof!Qbjou!Bqqmjdbujpo
2:3XC2:3#!Xiffmcbtf
TUESESbejp;!BN0GN!Tufsfp!x0NQ4!Qmbzfs
Jodmveft!8!tqfblfst!boe!bvyjmjbsz!bvejp!joqvu!kbdl/
Jodmveft;
TZOD!4!Dpnnvojdbujpot!'!Foufsubjonfou!Tztufn
Jodmveft!foibodfe!wpjdf!sfdphojujpo-!9#!MDE!dbqbdjujwf!upvditdsffo!jo
dfoufs!tubdl!xjui!txjqf!dbqbcjmjuz-!qjodi.up.{ppn!dbqbcjmjuz!jodmvefe!xjui
bwbjmbcmf!wpjdf.bdujwbufe!upvditdsffo!obwjhbujpo!tztufn-!BqqMjol-!:22
Bttjtu-!Bqqmf!DbsQmbz!boe!Boespje!Bvup!boe!3!tnbsu.dibshjoh!VTC!qpsut/
TZOD!BqqMjol!mfut!zpv!dpouspm!tpnf!pg!zpvs!gbwpsjuf!dpnqbujcmf!npcjmf
bqqt!xjui!zpvs!wpjdf/!Ju!jt!dpnqbujcmf!xjui!tfmfdu!tnbsuqipof!qmbugpsnt/
Dpnnboet!nbz!wbsz!cz!qipof!boe!BqqMjol!tpguxbsft/
TjsjvtYN!Sbejp
Jodmveft!2!J0Q!npvoufe!dfoufs!tqfblfs!boe!b!4.npoui!qsfqbje
tvctdsjqujpo/!Tfswjdf!jt!opu!bwbjmbcmf!jo!Bmbtlb!boe!Ibxbjj/!Tvctdsjqujpot
up!bmm!TjsjvtYN!tfswjdft!bsf!tpme!cz!TjsjvtYN!bgufs!usjbm!qfsjpe/!Jg!zpv
efdjef!up!dpoujovf!tfswjdf!bgufs!zpvs!usjbm-!uif!tvctdsjqujpo!qmbo!zpv
dipptf!xjmm!bvupnbujdbmmz!sfofx!uifsfbgufs!boe!zpv!xjmm!cf!dibshfe
bddpsejoh!up!zpvs!diptfo!qbznfou!nfuipe!bu!uifo.dvssfou!sbuft/!Gfft
boe!ubyft!bqqmz/!Up!dbodfm!zpv!nvtu!dbmm!TjsjvtYN!bu!2.977.746.345:/
Tff!TjsjvtYN!dvtupnfs!bhsffnfou!gps!dpnqmfuf!ufsnt!bu
xxx/tjsjvtyn/dpn/!Bmm!gfft!boe!qsphsbnnjoh!tvckfdu!up!dibohf/!Tjsjvt-
YN!boe!bmm!sfmbufe!nbslt!boe!mphpt!bsf!usbefnbslt!pg!Tjsjvt!YN!Sbejp
Jod/
78QFyusb!Ifbwz.Evuz!Gspou!Foe!Tvtqfotjpo!.!8-611!HBXS
Jodmveft!vqhsbefe!gspou!bymf!boe!nby!8-611!mct/!Gspou!tqsjoht0HBXS
sbujoh!gps!dpogjhvsbujpo!tfmfdufe/!Jodpnqmfuf!wfijdmf!qbdlbhf!.!sfrvjsft
gvsuifs!nbovgbduvsf!boe!dfsujgjdbujpo!cz!b!gjobm!tubhf!nbovgbduvsfs/
584Topx!Qmpx!Qsfq!Qbdlbhf
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
4
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Bt!Dpogjhvsfe!Wfijdmf!)dpou(e*
DpefEftdsjqujpo
Ijhimz!sfdpnnfoefe!gps!nby!qpxfs!pvuqvu/!Jodmveft!qsf.tfmfdufe!tqsjoht
tff!psefs!hvjef!tvqqmfnfoubm!sfgfsfodf!gps!tqsjoht0GHBXS!pg!tqfdjgjd
wfijdmf!dpogjhvsbujpot*/!Opuf!2;!Sftusjdujpot!bqqmz<!tff!tvqqmfnfoubm
sfgfsfodf!ps!cpez!cvjmefst!mbzpvu!cppl!gps!efubjmt/!Opuf!3;!Bmtp!bmmpxt!gps
uif!buubdinfou!pg!b!xjodi/!Opuf!4;!Ijhimz!sfdpnnfoefe!up!bee!)97N*
evbm!cbuufsz!po!8/4M!hbt!fohjoft/
52IFohjof!Cmpdl!Ifbufs
52QUsbotgfs!Dbtf!Tlje!Qmbuft
73SUsbotnjttjpo!Qpxfs!Ublf.Pgg!Qspwjtjpo
Jodmveft!usbotnjttjpo!npvoufe!mjwf!esjwf!boe!tubujpobsz!npef!QUP/
9SPqfsbups!Dpnnboefe!Sfhfofsbujpo
78C4:8!Bnq!Bmufsobups
29CQmbugpsn!Svoojoh!Cpbset
983Sfbs!Wjfx!Dbnfsb!'!Qsfq!Lju
Qsf.jotubmmfe!dpoufou!jodmveft!dbc!xjsjoh!boe!gsbnf!xjsjoh!up!uif!sfbs!nptu
dsptt!nfncfs/!Vqgjuufst!lju!jodmveft!dbnfsb!xjui!npvoujoh!csbdlfu-!31(
kvnqfs!xjsf!boe!dbnfsb!npvoujoh0bjnjoh!jotusvdujpot/
Fnjttjpot
53661.Tubuf!Fnjttjpot!Tztufn
Joufsjps!Dpmps
4T`12Nfejvn!Fbsui!Hsbz!x0Dmpui!51031051!Tqmju!Cfodi!Tfbu
Fyufsjps!Dpmps
QR`12Sbdf!Sfe
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
5
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt
Ejnfotjpot
Fyufsjps!mfohui;!388/5#Dbc!up!bymf;!95/1#
Fyufsjps!xjeui;!91/1#Fyufsjps!ifjhiu;!92/9#
Xiffmcbtf;!2:3/1#Gspou!usbdl;!85/9#
Sfbs!usbdl;!85/1#Uvsojoh!sbejvt;!38/2(
Sfbs!ujsf!pvutjef!xjeui;!:4/:#Njo!hspvoe!dmfbsbodf;!9/3#
Gspou!mfhsppn;!54/:#Sfbs!mfhsppn;!44/6#
Gspou!ifbesppn;!51/9#Sfbs!ifbesppn;!51/4#
Gspou!ijqsppn;!73/6#Sfbs!ijqsppn;!75/8#
Gspou!tipvmefs!sppn;!77/8#Sfbs!tipvmefs!sppn;!76/9#
Qbttfohfs!wpmvnf;!227/1dv/gu/Dbshp!wpmvnf;!42/7dv/gu/
Nbyjnvn!dbshp!wpmvnf;!42/7dv/gu/
Qpxfsusbjo
Qpxfstusplf!441iq!7/8M!PIW!43!wbmwfSfdpnnfoefe!gvfm!;!ejftfm
joufsdppmfe!uvscp!W.9!fohjof!xjui!ejftfm!ejsfdu
jokfdujpo
gfefsbmUpsrTijgu!21!tqffe!bvupnbujd!usbotnjttjpo!xjui
pwfsesjwf
Qbsu.ujnf Mjnjufe!tmjq!ejggfsfoujbm
Gvfm!Fdpopnz!Duz;!O0BGvfm!Fdpopnz!Ijhixbz;!O0B
Usbotnjttjpo!QUP!qspwjtjpo
Tvtqfotjpo0Iboemjoh
Gspou!Npop.cfbn!opo.joefqfoefou!tvtqfotjpo!xjui Sfbs!EBOB!241!sjhje!bymf!mfbg!tqsjoh!tvtqfotjpo
bouj.spmm!cbs-!IE!tipdlt xjui!bouj.spmm!cbs-!IE!tipdlt
Gjsn!sjef!TvtqfotjpoIzesbvmjd!qpxfs.bttjtu!sf.djsdvmbujoh!cbmm!Tuffsjoh
Gspou!boe!sfbs!2:/6!y!7!bshfou!tuffm!xiffmt MU336081TS2:/6!HCTX!BU!gspou!boe!sfbs!ujsft
Evbm!sfbs!xiffmt
Cpez!Fyufsjps
5!eppstSfwfstf!pqfojoh!mfgu!sfbs!qbttfohfs
Sfwfstf!pqfojoh!sjhiu!sfbs!qbttfohfsEsjwfs!boe!qbttfohfs!qpxfs!sfnpuf!ifbufe-!nbovbm
gpmejoh!epps!njsspst!xjui!uvso!tjhobm!joejdbups
Uvso!tjhobm!joejdbups!jo!njsspstCmbdl!epps!njsspst
Dispnf!cvnqfst Tjef!tufqt
Usbjmfs!ibsofttDmfbsdpbu!qbjou
Gspou!boe!sfbs!2:/6!y!7!xiffmt3!gspou!upx!ippl)t*
Dpowfojfodf
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
6
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Nbovbm!bjs!dpoejujpojoh!xjui!bjs!gjmufsDsvjtf!dpouspm!xjui!tuffsjoh!xiffm!dpouspmt
Qpxfs!xjoepxtEsjwfs!boe!qbttfohfs!2.upvdi!vq
Esjwfs!boe!qbttfohfs!2.upvdi!epxoSfnpuf!qpxfs!epps!mpdlt!xjui!3!tubhf!vompdl!boe
jmmvnjobufe!fousz
Nbovbm!ujmu!tuffsjoh!xiffmNbovbm!ufmftdpqjd!tuffsjoh!xiffm
Ebz.ojhiu!sfbswjfx!njsspsGpseQbtt!Dpoofdu!5H!joufsofu!bddftt
TZOD!4!:22!Bttjtu!fnfshfodz!TPTXjsfmftt!qipof!dpoofdujwjuz
3!2tu!spx!MDE!npojupstGspou!boe!sfbs!dvqipmefst
Evbm!wjtps!njsspstGvmm!pwfsifbe!dpotpmf
Esjwfs!boe!qbttfohfs!epps!cjotSfbs!epps!cjot
Vqgjuufs!txjudift
Tfbut!boe!Usjn
Tfbujoh!dbqbdjuz!pg!7Gspou!51.31.51!tqmju.cfodi!tfbu
5.xbz!esjwfs!tfbu!bekvtunfouNbovbm!esjwfs!mvncbs!tvqqpsu
5.xbz!qbttfohfs!tfbu!bekvtunfouDfousf!gspou!bsnsftu!xjui!tupsbhf
71.51!gpmejoh!sfbs!tqmju.cfodi!tfbuDmpui!tfbu!vqipmtufsz
Nfubm.mppl!jotusvnfou!qbofm!jotfsu
Foufsubjonfou!Gfbuvsft
TjsjvtYN!BN0GN0Tbufmmjuf!sbejp!xjui!sbejp!ebubBvyjmjbsz!bvejp!joqvu
tztufn
TZOD!4!fyufsobm!nfnpsz!dpouspmTuffsjoh!xiffm!npvoufe!sbejp!dpouspmt
8!tqfblfstTusfbnjoh!bvejp
Gjyfe!boufoob
Mjhiujoh-!Wjtjcjmjuz!boe!Jotusvnfoubujpo
Ibmphfo!bfsp.dpnqptjuf!ifbemjhiutEfmbz.pgg!ifbemjhiut
Bvup!po0pgg!ifbemjhiutWbsjbcmf!joufsnjuufou!gspou!xjoetijfme!xjqfst
Effq!ujoufe!xjoepxtGspou!sfbejoh!mjhiut
UbdipnfufsDpnqbtt
Pvutjef!ufnqfsbuvsf!ejtqmbz Dbnfsb)t*!.!sfbs
Usjq!dpnqvufsUsjq!pepnfufs
Dpogjhvsbcmf!ejhjubm0bobmph!hbvhft
Tbgfuz!boe!Tfdvsjuz
5.xiffm!BCT!csblftCsblf!bttjtu
5.xiffm!ejtd!csblftEsjwfmjof!usbdujpo!dpouspm
Evbm!gspou!jnqbdu!bjscbh!tvqqmfnfoubm!sftusbjouEvbm!tfbu!npvoufe!tjef!jnqbdu!bjscbh!tvqqmfnfoubm
tztufn!xjui!qbttfohfs!dbodfmsftusbjou!tztufn
Tbgfuz!Dbopqz!Tztufn!dvsubjo!2tu!boe!3oe!spxSfnpuf!bdujwbufe!qfsjnfufs0bqqspbdi!mjhiujoh
pwfsifbe!bjscbh!tvqqmfnfoubm!sftusbjou!tztufn
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
7
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Qpxfs!sfnpuf!epps!mpdlt!xjui!3!tubhf!vompdl!boeTfdvsjuz!tztufn!xjui!TfdvsjMpdl!jnnpcjmj{fs
qbojd!bmbsn
NzLfz!sftusjdufe!esjwjoh!npefNbovbmmz!bekvtubcmf!gspou!ifbe!sftusbjout
4!nbovbmmz!bekvtubcmf!sfbs!ifbe!sftusbjout
Ejnfotjpot
Hfofsbm!Xfjhiut
Dvsc 9-492!mct/HWXS 2:-611!mct/
Qbzmpbe 22-341!mct/
Gspou!Xfjhiut
Gspou!HBXS 8-611!mct/Gspou!dvsc!xfjhiu 6-115!mct/
Gspou!bymf!dbqbdjuz 8-611!mct/Gspou!tqsjoh!sbujoh 8-611!mct/
Gspou!ujsf0xiffm!dbqbdjuz 8-611!mct/
Sfbs!Xfjhiut
Sfbs!HBXS 25-817!mct/Sfbs!dvsc!xfjhiu 4-488!mct/
Sfbs!bymf!dbqbdjuz 25-817!mct/Sfbs!tqsjoh!sbujoh 26-111!mct/
Sfbs!ujsf0xiffm!dbqbdjuz 26-111!mct/
Usbjmfsjoh!Uzqf
Ibsoftt Zft Csblf!dpouspmmfs Zft
Usbjmfs!txbz!dpouspm Zft
Hfofsbm!Usbjmfsjoh
6ui.xiffm!upxjoh!dbqbdjuz 34211!mct/Hpptfofdl!upxjoh!dbqbdjuz 34211!mct/
Upxjoh!dbqbdjuz 29451!mct/HDXS 43611!mct/
Gvfm!Ubol!uzqf
Dbqbdjuz 51!hbm/
Pgg!Spbe
Njo!hspvoe!dmfbsbodf 9!#
Joufsjps!dbshp
Dbshp!wpmvnf 42/7!dv/gu/Nbyjnvn!dbshp!wpmvnf 42/7!dv/gu/
Sfbs!Gsbnf
Ifjhiu!mpbefe 3:!#Ifjhiu!vompbefe 45!#
Qpxfsusbjo
Fohjof!Uzqf
Csboe Qpxfstusplf Cmpdl!nbufsjbm Jspo
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
8
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Dzmjoefst W.9 Ifbe!nbufsjbm Bmvnjovn
Jhojujpo Dpnqsfttjpo Jokfdujpo Ejftfm!ejsfdu!jokfdujpo
Mjufst!7/8M Psjfoubujpo Mpohjuvejobm
Sfdpnnfoefe!gvfm Ejftfm Wbmwft!qfs!dzmjoefs 5
Wbmwfusbjo PIW Gpsdfe!joevdujpo!Joufsdppmfe!uvscp
Fohjof!Tqfd
Cpsf 4/:1#Dpnqsfttjpo!sbujp 26/9;2
Ejtqmbdfnfou 517!dv/jo/Tusplf 5/36#
Fohjof!Qpxfs
TBFK245:!BVH3115!dpnqmjbou Zft Pvuqvu!441!IQ!A!3-711!SQN
Upsrvf!936!gu/.mc!A!3-111!SQN
Bmufsobups
Uzqf Evbm Bnqt 4:8
Cbuufsz
Bnq!ipvst 89 Dpme!dsboljoh!bnqt 861
Svo!epxo!qspufdujpo Zft Uzqf Evbm
Fohjof!Fyusbt
Cmpdl!ifbufs Zft
Usbotnjttjpo
Fmfduspojd!dpouspm Zft Mpdl.vq Zft
Pwfsesjwf Zft Tqffe 21
Uzqf Bvupnbujd
Usbotnjttjpo!Hfbs!Sbujpt
2tu 5/7:7 3oe 3/:96
4se 3/257 5ui 2/87:
6ui 2/63 7ui 2/386
8ui 2 9ui 1/965
ui 1/79:21ui 1/727
Sfwfstf!Hfbs!sbujpt 5/977
Usbotnjttjpo!Fyusbt
Esjwfs!tfmfdubcmf!npef Zft Tfrvfoujbm!tijgu!dpouspm TfmfduTijgu
Pjm!dppmfs Sfhvmbs!evuz QUP!qspwjtjpo Zft
Esjwf!Uzqf
5xe!uzqf Qbsu.ujnf Uzqf Gpvs.xiffm
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
9
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Esjwf!Gfbuvsf
Mjnjufe!tmjq!ejggfsfoujbm Nfdibojdbm Usbdujpo!dpouspm Esjwfmjof
Qpxfs!ublf.pgg!qspwjtjpo Zft Mpdljoh!ivc!dpouspm Bvup
Usbotgfs!dbtf!tijgu Fmfduspojd
Esjwf!Bymf
Sbujp 5/99
Fyibvtu
Nbufsjbm Tubjomftt!tuffm Tztufn!uzqf Tjohmf
Fnjttjpot
DBSC Gfefsbm
gvfm!Fdpopnz
Gvfm!uzqf Ejftfm
Fohjof!Sfubsefs
Uzqf Zft
Esjwfbcjmjuz
Csblft
BCT 5.xiffm BCT!diboofmt 4
Uzqf 5.xiffm!ejtd Wfoufe!ejtdt Gspou!boe!sfbs
Csblf!Bttjtubodf
Csblf!bttjtu Zft
Tvtqfotjpo!Dpouspm
Sjef Gjsn
Gspou!Tvtqfotjpo
Joefqfoefodf Npop.cfbn!opo.joefqfoefou Bouj.spmm!cbs Sfhvmbs
Gspou!Tqsjoh
Uzqf Dpjm Hsbef IE
Gspou!Tipdlt
Uzqf IE
Sfbs!Tvtqfotjpo
Joefqfoefodf EBOB!241!sjhje!bymf Uzqf Mfbg
Bouj.spmm!cbs Sfhvmbs
Sfbs!Tqsjoh
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Uzqf Mfbg Hsbef IE
Sfbs!Tipdlt
Uzqf IE
Tuffsjoh
Bdujwbujpo Izesbvmjd!qpxfs.bttjtu Uzqf Sf.djsdvmbujoh!cbmm
Tuffsjoh!Tqfdt
pg!xiffmt 3
Fyufsjps
Gspou!Xiffmt
Ejbnfufs 2:/6#Xjeui 7/11#
Sfbs!Xiffmt
Ejbnfufs 2:/6#Xjeui 7/11#
Evbm Zft
Gspou!boe!Sfbs!Xiffmt
Bqqfbsbodf Bshfou Nbufsjbm Tuffm
Gspou!Ujsft
Btqfdu 81 Ejbnfufs 2:/6#
Tjefxbmmt CTX Tqffe T
Usfbe BU Uzqf MU
Xjeui 336nn MU!mpbe!sbujoh H
SQN 756
Sfbs!Ujsft
Btqfdu 81 Ejbnfufs 2:/6#
Tjefxbmmt CTX Tqffe T
Usfbe BU Uzqf MU
Xjeui 336nn MU!mpbe!sbujoh H
SQN 756
Xiffmt
Gspou!usbdl 85/9#Sfbs!usbdl 85/1#
Uvsojoh!sbejvt 38/2(Xiffmcbtf 2:3/1#
Sfbs!ujsf!pvutjef!xjeui:4/:#
Cpez!Gfbuvsft
Gspou!tqmbti!hvbset Zft Tlje!qmbuf)t*2
Cpez!nbufsjbm Bmvnjovn Tjef!jnqbdu!cfbnt Zft
Tjef!tufqt Zft Gspou!upx!ippl)t*3
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
21
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Cpez!Eppst
Epps!dpvou 5 Mfgu!sfbs!qbttfohfs Sfwfstf!pqfojoh
Sjhiu!sfbs!qbttfohfs Sfwfstf!pqfojoh
Fyufsjps!Ejnfotjpot
Mfohui 388/5#Cpez!xjeui 91/1#
Cpez!ifjhiu 92/9#Dbc!up!bymf 95/1#
Bymf!up!foe!pg!gsbnf 58/3#Gsbnf!tfdujpo!npevmvt 23/8dv/jo/
Gsbnf!zjfme!tusfohui!)qtj*61111/1 Gsbnf!sbjm!xjeui 45/3#
Gspou!cvnqfs!up!Gspou!bymf 49/4#Dbc!up!foe!pg!gsbnf 242/3#
Gspou!cvnqfs!up!cbdl!pg!dbc 257/4#
Tbgfuz
Bjscbht
Esjwfs!gspou.jnqbdu Zft Esjwfs!tjef.jnqbdu Tfbu!npvoufe
Pwfsifbe Tbgfuz!Dbopqz!Tztufn!dvsubjo!2tu Qbttfohfs!gspou.jnqbdu Dbodfmmbcmf
boe!3oe!spx
Qbttfohfs!tjef.jnqbdu Tfbu!npvoufe
Tfbucfmu
Ifjhiu!bekvtubcmf Gspou
Tfdvsjuz
Jnnpcjmj{fs TfdvsjMpdl Qbojd!bmbsn Zft
Sftusjdufe!esjwjoh!npef NzLfz
Tfbujoh
Qbttfohfs!Dbqbdjuz
Dbqbdjuz 7
Gspou!Tfbut
Tqmju 51.31.51 Uzqf Tqmju.cfodi
Esjwfs!Tfbu
Gpsf0bgu Nbovbm Sfdmjojoh Nbovbm
Xbz!ejsfdujpo!dpouspm 5 Mvncbs!tvqqpsu Nbovbm
Qbttfohfs!tfbu
Gpsf0bgu Nbovbm Sfdmjojoh Nbovbm
Xbz!ejsfdujpo!dpouspm 5
Gspou!Ifbe!Sftusbjou
Dpouspm Nbovbm Uzqf Bekvtubcmf
Gspou!Bsnsftu
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
22
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Dfousf Zft Tupsbhf Zft
Sfbs!Tfbut
Eftdsjqups Tqmju.cfodi Gbdjoh Gspou
Gpmejoh 71.51 Gpmejoh!qptjujpo Gpme.vq!dvtijpo
Uzqf Gjyfe
Sfbs!Ifbe!Sftusbjout
Dpouspm Nbovbm Uzqf Bekvtubcmf
Ovncfs 4
Gspou!Tfbu!Usjn
Nbufsjbm!Dmpui Cbdl!nbufsjbm Dmpui
Sfbs!Tfbu!Usjn!Hspvq
Nbufsjbm!Dmpui Cbdl!nbufsjbm Dbsqfu
Dpowfojfodf
BD!Boe!Ifbu!Uzqf
Bjs!dpoejujpojoh Nbovbm Bjs!gjmufs Zft
Voefstfbu!evdut Zft
Bvejp!Tztufn
Bvyjmjbsz!bvejp!joqvu Zft Sbejp TjsjvtYN!BN0GN0Tbufmmjuf
Sbejp!ebub!tztufn Zft Sbejp!hsbef Sfhvmbs
Tffl.tdbo Zft Fyufsobm!nfnpsz!dpouspm!TZOD!4
Bvejp!Tqfblfst
Tqfblfs!uzqf Sfhvmbs Tqfblfst 8
Bvejp!Dpouspmt
Tqffe!tfotjujwf!wpmvnf Zft Tuffsjoh!xiffm!dpouspmt Zft
Wpjdf!bdujwbujpo Zft Tusfbnjoh!bvejp Cmvfuppui!zft
Bvejp!Boufoob
Uzqf Gjyfe
MDE!Npojupst
2tu!spx 3 Qsjnbsz!npojups!tj{f!)jodift*9
Dsvjtf!Dpouspm
Dsvjtf!dpouspm Xjui!tuffsjoh!xiffm!dpouspmt
Dpowfojfodf!Gfbuvsft
Sfubjofe!bddfttpsz!qpxfs Zft 23W!ED!qpxfs!pvumfu 4
Fnfshfodz!TPT TZOD!4!:22!Bttjtu Xjsfmftt!qipof!dpoofdujwjuz Cmvfuppui
231W!BD!qpxfs!pvumfu 3 Tnbsu!efwjdf!joufhsbujpo Njsspsjoh
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
23
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Vqgjuufs!txjudift Zft
Epps!Mpdl!Bdujwbujpo
Uzqf Qpxfs!xjui!3!tubhf!vompdl Sfnpuf Lfzgpc!)gspou!eppst*
Joufhsbufe!lfz0sfnpuf Zft
Epps!Mpdlt!Fyusb!GPC!Dpouspmt
Sfnpuf!fohjof!tubsu Tnbsu!efwjdf!pomz
tvctdsjqujpo!sfrvjsfe*
Jotusvnfoubujpo!Uzqf
Bqqfbsbodf Ejhjubm0bobmph Dpogjhvsbcmf Zft
Jotusvnfoubujpo!Hbvhft
Ubdipnfufs Zft Fohjof0npups!ufnqfsbuvsf Zft
Uvscp0tvqfsdibshfs!cpptu Zft Usbotnjttjpo!gmvje!ufnq Zft
Fohjof!ipvs!nfufs Zft
Jotusvnfoubujpo!Xbsojoht
Pjm!qsfttvsf Zft Fohjof!ufnqfsbuvsf Zft
Cbuufsz Zft Mjhiut!po Zft
Lfz Zft Mpx!gvfm Zft
Epps!bkbs Zft Tfswjdf!joufswbm Zft
Csblf!gmvje Zft
Jotusvnfoubujpo!Ejtqmbzt
Dmpdl Jo.sbejp!ejtqmbz Dpnqbtt Zft
Fyufsjps!ufnq Zft Tztufnt!npojups Zft
Dbnfsb)t*!.!sfbs Zft
Jotusvnfoubujpo!Gfbuvsf
Usjq!dpnqvufs Zft Usjq!pepnfufs Zft
Tuffsjoh!Xiffm!Uzqf
Nbufsjbm Vsfuibof Ujmujoh Nbovbm
Ufmftdpqjoh Nbovbm
Gspou!Tjef!Xjoepxt
Xjoepx!2tu!spx!bdujwbujpo Qpxfs
Xjoepxt!Sfbs!Tjef
3oe!spx!bdujwbujpo Qpxfs
Xjoepx!Gfbuvsft
2.upvdi!epxo Esjwfs!boe!qbttfohfs 2.upvdi!vq Esjwfs!boe!qbttfohfs
Ujoufe Effq
Gspou!Xjoetijfme
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
24
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Xjqfs Wbsjbcmf!joufsnjuufou
Sfbs!Xjoetijfme
Xjoepx Gjyfe
Joufsjps
Esjwfs!Wjtps
Njssps Zft
Qbttfohfs!Wjtps
Njssps Zft
Sfbs!Wjfx!Njssps
Ebz.ojhiu Zft
Ifbemjofs
Dpwfsbhf Gvmm Nbufsjbm Dmpui
Gmpps!Usjn
Dpwfsbhf Gvmm Dpwfsjoh Yyyyyy
Nbut Dbsqfu!gspou!boe!sfbs
Usjn!Gfbuvsf
Jotusvnfou!qbofm!jotfsu Nfubm.mppl Hfbs!tijgufs!nbufsjbm Vsfuibof
Joufsjps!bddfout Dispnf
Mjhiujoh
Epnf!mjhiu!uzqf Gbef Gspou!sfbejoh Zft
Jmmvnjobufe!fousz Zft Wbsjbcmf!JQ!mjhiujoh Zft
Pwfsifbe!Dpotpmf!Tupsbhf
Tupsbhf Zft Uzqf Gvmm
Tupsbhf
Esjwfs!epps!cjo Zft Gspou!Cfwfsbhf!ipmefs)t*Zft
Hmpwf!cpy Mpdljoh Qbttfohfs!epps!cjo Zft
Tfbucbdl!tupsbhf!qpdlfut 3 Jmmvnjobufe Zft
Sfbs!zft Zft Jotusvnfou!qbofm Dpwfsfe!cjo
Ebticpbse Zft Sfbs!epps!cjot Zft
2tu!spx!voefstfbu Mpdljoh
Mfhsppn
Gspou 54/:#Sfbs 44/6#
Ifbesppn
Gspou 51/9#Sfbs 51/4#
Ijq!Sppn
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
25
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Tfmfdufe!Frvjq!'!Tqfdt!)dpou(e*
Gspou 73/6#Sfbs 75/8#
Tipvmefs!Sppn
Gspou 77/8#Sfbs 76/9#
Joufsjps!Wpmvnf
Qbttfohfs!wpmvnf 227/1!dv/gu/
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
26
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Xbssbouz
Tuboebse!Xbssbouz
Cbtjd
Ejtubodf 47-111!njmft Npouit 47!npouit
Qpxfsusbjo
Ejtubodf 71-111!njmft Npouit 71!npouit
Dpssptjpo!Qfsgpsbujpo
Ejtubodf Vomjnjufe!njmft Npouit 71!npouit
Spbetjef!Bttjtubodf
Ejtubodf 71-111!njmft Npouit 71!npouit
Beejujpobm!Xbssbouz
Ejftfm!Fohjof
Ejtubodf 211-111!njmft Npouit 71!npouit
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
27
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Wfijdmf!Ejnfotjpo!boe!Qfsgpsnbodf!Tvnnbsz
Qfsgpsnbodf!qsfejdujpot!jo!uijt!sfqpsu!sfqsftfou!bo!ftujnbuf!pg!wfijdmf!qfsgpsnbodf!cbtfe!po!tuboebse!pqfsbujoh
dpoejujpot/!Wbsjbujpot!jo!dvtupnfs!frvjqnfou-!mpbe!dpogjhvsbujpo-!bncjfou!dpoejujpot-!boe0ps!pqfsbups!esjwjoh!ufdiojrvft
dbo!dbvtf!tjhojgjdbou!wbsjbujpot!jo!wfijdmf!qfsgpsnbodf/!Uiftf!wbmvft!bsf!opu!sfqsftfoubujwf!pg!sftvmut!uibu!nbz!cf!tipxo
jo!bduvbm!ezobnpnfufs!uftut/!Uijt!sfqpsu!tipvme!uifsfgpsf!cf!vtfe!bt!b!hvjef!gps!dpnqbsbujwf!wfijdmf!qfsgpsnbodf/
Ejnfotjpot
BGspou!pg!Cvnqfs!up!Gspou!Bymf49/41!jo/
CGspou!Cvnqfs!up!Cbdl!pg!Dbc!)CCD*257/41!jo/
DXiffmcbtf!)XC*2:3/11!jo/
EPwfsbmm!Mfohui!)PBM*388/51!jo/
FCbdl!pg!Dbc!up!Sfbs!Bymf!)DB*95/11!jo/
GCbdl!pg!Dbc!up!Foe!pg!Gsbnf242/31!jo/
HSfbs!Bymf!up!Foe!pg!Gsbnf!)BG*58/31!jo/
IGsbnf!Tfdujpo!IfjhiuO0B
JSfbs!Gsbnf!Ifjhiu!Vompbefe45/41!jo/
JSfbs!Gsbnf!Ifjhiu!Mpbefe39/71!jo/
KDbc!Ifjhiu92/91!jo/
LCpez!Xjeui91/11!jo/
MNbyjnvn!Hspvoe!DmfbsbodfO0B
MNjojnvn!Hspvoe!Dmfbsbodf9/31!jo/
NGspou!Usfbe85/91!jo/
NSfbs!Usfbe85/11!jo/
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
28
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Wfijdmf!Ejnfotjpo!boe!Qfsgpsnbodf!Tvnnbsz!)dpou(e*
Xfjhiu
HWXGspou!BymfSfbs!BymfUpubmt
Dibttjt6-115!mct4-488!mct9-492!mct
Cpez1!mct1!mct1!mct
Pddvqbout!Xfjhiu711!mct411!mct:11!mct
2!Nby!Qbzmpbe!.!)Nby!Qbzmpbe*2-9:7!mct9-434!mct21-32:!mct
UPUBM8-611!mct23-111!mct2:-611!mct
SbujohtGspou!BymfSfbs!BymfHWXS
HBXS8-611!mct25-817!mct2:-611!mct
Xiffmt0Ujsft8-611!mct26-111!mct
Tvtqfotjpo8-611!mct26-111!mct
Bymf8-611!mct25-817!mct
Mfhbm!Bymf!Mjnju1!mct1!mct
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
29
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Wfijdmf!Ejnfotjpo!boe!Qfsgpsnbodf!Tvnnbsz!)dpou(e*
Tubsu-!Hsbef!boe!Tqffe
TubsuSbujpEftjsfeDbmdvmbufe
5/8126/11!&69/48!& Tubsu!hsbef!dbqbcjmjuz!jo!2tu!hfbs
Tubsu!hsbef!dbqbcjmjuz!jo!sfwfstf5/9826/11!&71/5:!&
HsbefSbujpEftjsfeDbmdvmbufe
1/964/11!&21/74!& Nbyjnvn!hsbef!jo!9ui!hfbs
1/7:4/11!&9/69!& Nbyjnvn!hsbef!jo!:ui!hfbs
1/734/11!&8/78!& Nbyjnvn!hsbef!jo!21ui!hfbs
TqffeEftjsfeDbmdvmbufe
Upq!Tqffe!)mfwfm!hsbef*86!nqi:8!nqi
Up!nffu!zpvs!sfrvjsfnfou!zpv!offe!b!nbyjnvn!bymf!sbujp!pg7/39
Upq!Tqffe!po!4/1&!hsbef66!nqi
Up!nffu!zpvs!sfrvjsfnfou!zpv!offe!b!nbyjnvn!pg233iq
Dsvjtf!Tqffe71!nqi82!nqi
Fohjof!SQN!bu!eftjsfe!dsvjtf!tqffe2-:4:!sqn
Wbsjbcmft!jo!Vtf
Sfbs!bymf!sbujp;5/9905/99Hpwfsofe!SQN;4-231!sqn
Ujsf!tj{f;336081S2:/6!)756Gspoubm!Bsfb;!51/55!Tr/Gu/
sfw0njmf* Dsvjtjoh!SQN3-411!sqn
Hsptt!Wfijdmf!Xfjhiu!)HWX*;2:-611!mct Xpstu!spbe!tvsgbdfUzqjdbm!Ijhixbz
Dmvudi!fohbhfnfou!upsrvf;523!gu/mct/ Gjobm!Esjwf!Sbujp;1/73
Upsrvf!dpowfstjpo!sbujp;3/11 Esbh!Dpfggjdjfou1/91
Qfbl!fohjof!upsrvf;936!gu/mct/
Fohjof!Qpxfs;441!iqA3-711!sqn
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
2:
Qsfqbsfe!cz;!LBDJ!TDIOFJEFS
1902203133 Wbmmfz!Gpse!pg!Ivspo-!Jod/!}!66!Dmfwfmboe!Se/!F!Ivspo!Pijp!}!5594:2855
3133!G.661!Dibttjt!5y5!TE!Tvqfs!Dbc!2:3#!XC!ESX!YMU!)Y6I*
Qsjdf!Mfwfm;!326!}!Rvpuf!JE;!332::5
Wfijdmf!Ejnfotjpo!boe!Qfsgpsnbodf!Tvnnbsz!)dpou(e*
Tijgu!Dibsu
Tijgu!Dibsu!ejtqmbzt!nbuifnbujdbm!hfbsfe!tqffe/
Ejftfm!fohjoft!vtf!Hpwfsofe!SQN!gps!tijgu!qpjout/
Hbt!fohjoft!vtf!Qfbl!Upsrvf!SQN!gps!tijgu!qpjout/
Uvsojoh!Sbejvt
38/21!guUvsojoh!Sbejvt
Qsjdft!boe!dpoufou!bwbjmbcjmjuz!bt!tipxo!bsf!tvckfdu!up!dibohf!boe!tipvme!cf!usfbufe!bt!ftujnbuft!pomz/!Bduvbm!cbtf!wfijdmf-!qbdlbhf!boe!pqujpo!qsjdjoh
nbz!wbsz!gspn!uijt!ftujnbuf!cfdbvtf!pg!tqfdjbm!mpdbm!qsjdjoh-!bwbjmbcjmjuz!ps!qsjdjoh!bekvtunfout!opu!sfgmfdufe!jo!uif!efbmfst!dpnqvufs!tztufn/!Tff
tbmftqfstpo!gps!uif!nptu!dvssfou!jogpsnbujpo/
31
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
Page 1 of 1INDIANARETAILTAXEXEMPT
CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel
FEDERAL EXCISE TAXEXEMPT 106753
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
Lease = 08/22/2022009987
ALTEC INDUSTRIES, INC Street Department
VENDORSHIPDRAWER0414 3400 W. 131st Street
TOPOBOX11407 Carmel, IN 46074-
BIRMINGHAM, AL 35246--0414(317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
68335
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 12060Capital Lease Fund
Account: 44-650.01
1EachSign Truck$208,662.00$208,662.00
Sub Total 208,662.00
Send Invoice To:
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001 PLEASE INVOICE INDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
208,662.00PAYMENT
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN
SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO.
Lee HigginbothamJames Crider
TITLECommissionerDirector ofAdministration
CONTROL NO. 106753 CONTROLLER
City of Carmel, Indiana
Sewer Lining
Contract 111
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
Jones & Henry Engineers, Ltd.
Carmel, Indiana
City of Carmel, Indiana
2022 Sewer Lining
ADDENDUM 1
July 14, 2022
Planholders on the City of Carmel 2022 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 Section 02766 paragraph 4.03-A with the following:
The Contractor shall warrant all work to be free of defects in workmanship or materials for
a period of five years from the date of final acceptance of the final video tapes of the
rehabilitated sewers.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED ON PAGE B-1 OF THE BID.
City Of Carmel, Indiana
2022 Sewer Lining - Contract 111
ADDENDUM 2
July 27, 2022
Planholders on the City of Carmel 2022 Sewer Lining project 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 Advertisement for Bids with the attached. Note that bids will be received and opened on
August 17, 2022, instead of the previously listed date.
In Section 02766 paragraph 2.02-F, delete the requirement for a Tensile Strength at Yield of 3000 psi.
City Of Carmel, Indiana
2022 Sewer Lining - Contract 111
ADDENDUM 3
August 10, 2022
Planholders on the City of Carmel 2022 Sewer Lining project are hereby notified of the following
amendments to the Contract Documents. This Addendum is hereby made a part of the Contract
Documents.
GENERAL COMMENTARY
In Section 02766 Paragraph 3.02-C, reference is made to TV inspection of laterals 50-feet from the
mainline. This does not require launching a separate camera into the lateral. Contractors are expected
to use a TV rig with sufficient illumination and zoom to see 50-feet along straight laterals.
Carmel Utilities has stated that manhole SMH 47-38 and the associated sewer have an easement and
that the documentation will be provided when they can locate it.
Bidders are reminded that the “Bid Summary” page should be placed as the top sheet in the bid
envelope.
SPECIFICATIONS
Replace the “Base Bid” page with the attached. Note that the quantities have been changed to reflect
changes in scope made this addendum.
The attached Davis Bacon wage rates are the most current rates applicable to this project.
Replace Section 02553 with the attached. Note that six manholes have been removed from the lining
scope of work. Also note that the depth of manhole SMH-23-46 has been revised to 5-feet.
Replace Section 02766 with the attached. Note that many sewer lining segments have been removed
from the scope of work. A stipulation that liners have a tensile strength of 3,000 psi has also been
removed; as it normally only applies to pressure pipe.
City Of Carmel, Indiana
2022 Sewer Lining - Contract 111
ADDENDUM 4
August 11, 2022
Planholders on the City of Carmel 2022 Sewer Lining project 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 “Base Bid” page with the attached. Note that the quantities have been changed to correct
an arithmetic error.
City Of Carmel, Indiana
2022 Sewer Lining - Contract 111
ADDENDUM 4
August 11, 2022
Planholders on the City of Carmel 2022 Sewer Lining project 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 “Base Bid” page with the attached. Note that the quantities have been changed to correct
an arithmetic error.
City Of Carmel, Indiana
2022 Sewer Lining - Contract 111
ADDENDUM 5
August 11, 2022
Planholders on the City of Carmel 2022 Sewer Lining project are hereby notified of the following
amendments to the Contract Documents. This Addendum is hereby made a part of the Contract
Documents.
GENERAL COMMENTARY
Lining or sealing lateral connections is not included in the scope of work. Section 02766 Paragraph 4.02-
A states “all visible leakage in the rehabilitated sewer shall be repaired”. This should be understood to
exclude leakage at lateral connections, which are not the responsibility of the Contractor to resolve.
Sewer Lining - 2022 City of Carmel, Indiana
451-7700.001 Table of Contents i
TABLE OF CONTENTS
PART A
Page No.
Advertisement / Notice to Bidders AD-1-AD-3
Instructions to Bidders I-1
1.Defined Terms I-1
2.Copies of Bidding Documents I-1
3.Qualifications of Bidders I-1
4.Examination of Contract Documents and Site I-1
5.Availability of Lands for Works I-4
6.Interpretations and Addenda I-4
7.Bid Security I-4
8.Contract Time I-5
9.Liquidated Damages I-5
10.Substitute and "Or-Equal" Items I-5
11.Subcontractors, Suppliers Affidavit I-5
12.Bid Form I-5
13.Submission of Bids I-6
14.Opening of Bids I-7
15.Bid to Remain Subject to Acceptance I-6
16.Award of Contract I-7
17.Notice of Award and Award Procedure I-8
18.Contract Security I-8
19.Signing of Agreement I-8
20.Wage Scale I-8
21.Retainage I-8
22.Indiana Revised Form 96 I-8
23.Confined Space Program I-8
24.Project Clarifications I-8
Request for Clarification RC–1
Bid Summary and Bidder Reminder BT-1
Bid, Exhibit A B-1 – B-6
Bid Bond BB-1 – BB-2
Signature Affidavit SA-1
Affidavit of Non-Collusion NC-1
Affidavit of Non-Discrimination ND-1
Contractor’s Affidavit of Subcontractors Employment SE-1 – SE-2
Notice of Award NA-1
Agreement Between Owner and Contractor A-1 – A-16
Exhibit B – Performance Bond A-17 – A18
Exhibit C – Payment Bond A-19 – A20
Exhibit D – Contractor’s Final Affidavit and Waiver (Final)A-21 – A22
Exhibit E – Contractor’s Progress Affidavit and Waiver (Progress)A-23 – A24
Exhibit F – Change Order A-25
Exhibit G - Confined Space Requirement Acknowledgement A-26
Exhibit H – Verification of Work Eligibility Status A-27
Sewer Lining - 2022 City of Carmel, Indiana
451-7700.001 Table of Contents ii
Escrow Agreement E-1 – E-4
Notice to Proceed NP-1
SRF Requirements
1. DBE Packet
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. Contractor and Subcontractor Disadvantage Business Enterprise (DBE) classification form
5. Davis-Bacon wage rates (to be issued by addenda)
PART B
General Conditions
General Conditions - Table of Contents GC-1 – GC-3
Article 1 – Definitions GC-4
Article 2 - Preliminary Matters GC-6
Article 3 - Contract Documents: Intent, Amending Reuse GC-8
Article 4 - Availability of Lands; Subsurface and Physical Conditions;
Reference Points
GC-10
Article 5 – Bonds, Insurance and Indemnification GC-13
Article 6 - Contractor's Responsibilities GC-19
Article 7 - Other Work GC-26
Article 8 - Owner's Responsibilities GC-27
Article 9 - Engineer's Status During Construction GC-28
Article 10 - Changes in the Work GC-32
Article 11 – Cost of the Work; Allowances and Unit Prices GC-33
Article 12 - Change of the Contract Price and Times GC-36
Article 13 - Tests and Inspections; Correction, Removal or
Acceptance of Defective Work
GC-37
Article 14 - Payments to Contractor and Completion GC-40
Article 15 - Suspension of Work and Termination GC-44
Article 16 – Deleted GC-45
Article 17 – Miscellaneous GC-46
PART C
DIVISION 1 - GENERAL REQUIREMENTS
01010 Definition of Contract Items
01043 Coordination and Control of the Work
01090 Reference Standards
01300 Submittals
01320 Electronic Project Management System
01350 Common Product Requirements
01568 Pollution Control
01820 Video Recording of Underground Infrastructure
Sewer Lining - 2022 City of Carmel, Indiana
451-7700.001 Table of Contents iii
IF ANY OF THE PAGES LISTED ABOVE ARE NOT INCLUDED IN THESE CONTRACT
DOCUMENTS, PLEASE ADVISE.
DIVISION 2 - UNDERGROUND, PAVEMENT, AND SITE WORK
02553 Epoxy Liner Rehabilitation Manhole
02766 Sewer Lining
02800 Sodding, Seeding, and Mulching
A - 1
PART A
BIDDING REQUIREMENTS AND CONTRACT FORM
FOREWORD
This PART includes Advertisement for Bids, Instructions to Bidders, Bid Form, Bid Bond Form, Agreement
Form, Contract Bond Forms, Affidavits, and Notice to Proceed.
2022 Sewer Lining Contract 111 AD-1 CITY OF CARMEL
451-7700.001 Advertisement for Bids
CARMEL UTILITIES
30 West Main St., Suite 220
Carmel, Indiana 46032
ADVERTISEMENT / NOTICE TO BIDDERS
CITY OF CARMEL, INDIANA
2022 Sewer Lining - Contract 111
Sealed Bids for the City of Carmel, Indiana’s “2022 Sewer Lining” project, will be
received by the City of Carmel, Indiana ("Owner") at the following address:
Office of the Clerk of the City
Carmel City Hall (third floor)
1 Civic Square
Carmel, IN 46032
Bids will be received until Wednesday August 17, 2022, at 9:45 AM, local time.
Any Bid received after this time will be returned to the Bidder unopened. The Bids
will be publicly opened and read during the Board of Public Works meeting which
will start at 10:00 AM August 17, 2022. Bid envelopes should be clearly marked
"Bid Enclosed - 2022 Sewer Lining” on the outside of the envelope and as
otherwise specified in the “Instructions to Bidders”. Please order the Bid such that
the “Bid Summary” is the first page when opened.
In general, the work consists of cured-in-place lining of approximately 14,900-feet
of sewers ranging from 6-inch to 12-inch, lining the interior of 19 manholes, and
flow channel reconstruction of 40 manholes.
Any questions prior to the bid should be directed to the Engineer:
Philip Teague, PE
pteague@jheng.com (preferred)
419-277-6039
Copies of the Bidding Documents may be examined without charge by contacting
the Engineer.
Bids must be submitted on the forms found in the Bid package and must contain
the names of every person or company interested therein, and shall be
accompanied by:
(1) Revised Form No. 96 as prescribed by the Indiana Board of Account
and as required in the Instruction to Bidders, including a financial
statement, a statement of experience, a proposed plan or plans for
performing the Work and the equipment the Bidder has available for
the performance of the Work.
2022 Sewer Lining Contract 111 AD-2 CITY OF CARMEL
451-7700.001 Advertisement for Bids
(2) Bid Bond in the amount of ten percent (10%) of the total Bid amount,
including alternates with a satisfactory corporate surety or by a
certified check on a solvent bank in the amount of ten percent (10%)
of the amount of the Bid. The Bid Bond or certified check shall be
evidence of good faith that the successful Bidder will execute within
fifteen (15) calendar days from the acceptance of the Bid, the
Agreement as included in the Bidding Documents. The Bid Bond or
certified check shall be made payable to the Owner.
Any Bid may be withdrawn prior to the scheduled deadline for receipt of Bids, but
no bidder shall withdraw his Bid within sixty (60) days after the actual opening of
the Bids.
All Bid Bonds and certified checks of unsuccessful bidders will be returned by the
Owner upon selection of the successful Bidder and execution of the Agreement,
and provision of the required Performance Bond and Payment Bond.
Award will be made to the low, responsive, responsible bidder. The low,
responsive, responsible bidder must not be debarred, suspended, or otherwise be
excluded from or ineligible for participation in federally assisted programs under
Executive Order 12549.
The Contractor must conform to the antidiscrimination provisions of Ind. Code §5 -
16-6 et seq.
A Performance Bond with good and sufficient surety, acceptable to the Owner and
Engineer, shall be required of the successful Bidder in an amount equal to at least
one hundred percent (100%) of the Contract Price, conditioned upon the faithful
performance of the Agreement.
The Contractor shall execute a Payment Bond to the Owner, approved by Owner
and Engineer and for the benefit of the Owner, in an amount equal to one hundred
percent (100%) of the Contract Price. The Payment Bond is binding on the
Contractor, their subcontractor, and their successors and assigns for the payment
of all indebtedness to a person for labor and services performed, material
furnished, or services rendered. The Payment Bond must state that it is for the
benefit of the subcontractors, laborers, material suppliers, and those performing
services. The surety of the Payment Bond may not be released until one (1) year
after the Owner’s final settlement with the Contractor.
All out-of-state corporations must have a certificate of authority to do business in
the State. Application forms may be obtained by contacting t he Secretary of State,
State of Indiana, Statehouse, Indianapolis, Indiana 46204.
This project is funded by SRF. Contractors shall comply with all SRF requirements
stipulated in the supplemental conditions, some of which are mentioned below.
Wage rates on the project shall not be less than the federal Davis Bacon Wage
scale published by the U.S. Department of Labor the Friday before the Bid Opening
2022 Sewer Lining Contract 111 AD-3 CITY OF CARMEL
451-7700.001 Advertisement for Bids
date.
While this project is subject to AIS requirements, no metal components are
anticipated.
The successful Contractor will be 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. The Contractor will also be required to sign an affidavit concerning
employment of unauthorized aliens. A copy of the affidavit is included in the Bid
Documents.
The Contractor must comply with SRF requirements pertaining to Disadvantaged
Business Enterprises (DBE).
Bidders on this work shall be required to comply with the provisions of the
President’s Executive Order No. 11246, as amended. The Bidders shall also
comply with the requirements of 41 CFR Part 60 – 4 entitled Construction
Contractors - Affirmative Action Requirements.
The Owner reserves the right to reject and/or cancel any and all Bids, solicitations
and/or offers in whole or in part as specified in the solicitation when it is not in the
best interests of the governmental body as determined by the purchasing agency
in accordance with IC 5-22-18-2. The Owner also reserves the right to waive
irregularities in any Bid, and to accept any Bid which is deemed most favorable to
the Owner.
John Duffy
Utility Director
City of Carmel, Indiana
2022 Sewer Lining City of Carmel
451-7700.001 I - 1 Instructions to Bidders
INSTRUCTIONS TO BIDDERS
1. Defined Terms
Terms used in these Instructions to Bidders, which are defined in the General Conditions,
have the meanings assigned to them in the General Conditions. Certain additional terms
used in these Instructions to Bidders have the meanings indicated below, which are
applicable to both the singular and plural thereof.
1.1 Bidder - One who submits a Bid directly to Owner as distinct from a sub-
bidder, who submits a bid to a Bidder.
1.2 Issuing Office - The office from which the Bidding Documents are to be
issued and where the bidding procedures are to be administered.
1.3 Successful Bidder - The Bidder to whom Owner (on the basis of Owner's
evaluation as hereinafter provided) makes an award.
2. Copies of Bidding Documents
2.1 Complete sets of the Bidding Documents may be obtained as stated in the
Advertisement.
2.2 Complete sets of Bidding Documents shall be used in preparing Bids;
neither Owner nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on
the above terms do so only for the purpose of obtaining Bids on the Work
and do not confer a license or grant for any other use.
3. Qualifications of Bidders.
To demonstrate qualifications to perform the Work, each Bidder must be prepared to
submit with five (5) days of Owner’s request, written evidence, such as financial data,
previous experience, present commitments, equipment manufacturers to be used,
subcontractors and a list of key personnel proposed for the Project along with their
experience. The evaluation of the Bidder’s qualifications will be based on all of the
written evidence presented. Each Bid must contain evidence of Bidder’s qualification to
do business in the state where the Project is located or covenant to obtain such
qualification prior to award of the Contract.
4. Examination of Contract Documents and Site.
4.1 It is the responsibility of each Bidder before submitting a Bid to:
2022 Sewer Lining City of Carmel
451-7700.001 I - 2 Instructions to Bidders
4.1.1 Examine thoroughly the Contract Documents and other related data
identified in the Bidding Documents (including "technical data"
referred to below);
4.1.2 Visit the site to become familiar with and satisfy Bidder as to the
general, local and site conditions that may affect cost, progress,
performance or furnishing of the Work;
4.1.3 Consider federal, state and local Laws and Regulations that may
affect cost, progress, performance or furnishing of the Work;
4.1.4 Study and carefully correlate Bidder's knowledge and observations
with the Contract Documents and such other related data; and
4.1.5 Promptly notify Engineer of all conflicts, errors, ambiguities or
discrepancies, which Bidder has discovered in or between the
Contract Documents and such other related documents.
4.2 Reference is made to the General and Special Conditions for identification
of:
4.2.1 Those reports of explorations and tests of subsurface conditions at
or contiguous to the site, which have been utilized by Engineer in
preparation of the Contract Documents. Bidder may rely upon the
general accuracy of the technical data contained in such reports but
not upon other data, interpretations, opinions, or information
contained in such reports or otherwise relating to the subsurface
conditions at the site, nor upon the completeness thereof for the
purposes of bidding or construction.
4.2.2 Those drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground Facilities)
which are at or contiguous to the site that have been utilized by
Engineer in preparation of the Contract Documents. Bidder may rely
upon the accuracy of the technical data contained in such drawings
but not upon the completeness thereof for the purposes of bidding or
construction.
4.2.3 Copies of such reports and drawings may be examined by any
Bidder on request. Those reports and drawings are not part of the
Contract Documents, but the "technical data" contained therein upon
which Bidder is entitled to rely as provided in Paragraph 4.2 of the
General Conditions have been identified and established. Bidder is
responsible for any interpretation or conclusion drawn from any
"technical data" or any such data, interpretations, opinions or
information.
4.3 Information and data shown or indicated in the Contract Documents with
respect to Underground Facilities at or contiguous to the site is based upon
2022 Sewer Lining City of Carmel
451-7700.001 I - 3 Instructions to Bidders
information and data furnished to Owner and Engineer by owners of such
Underground Facilities or others, and Owner and Engineer do not assume
responsibility for the accuracy or completeness thereof unless it is expressly
provided otherwise in the General Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders with respect to subsurface conditions, other physical
conditions and Underground Facilities, and possible changes in the
Contract Documents due to differing or anticipated conditions appear in
Paragraphs 4.2 and 4.3 of the General Conditions.
4.5 Before submitting a Bid, each Bidder will be responsible to obtain such
additional or supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface, and
Under-ground 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 or procedures
of construction to be employed by Bidder and safety precautions and
programs incident thereto or which Bidder deems necessary to determine
its Bid for performing and furnishing the Work in accordance with the time,
price and other terms and conditions of the Contract Documents.
4.6 On request in advance, Owner will provide each Bidder access to the site
to conduct such explorations, tests and studies as each Bidder deems
necessary for submission of a Bid. Bidder must fill all holes and clean up
and restore the site to its former condition upon completion of such
explorations, investigations, tests and studies.
4.7 Reference is made to the General and Special Conditions for the
identification of the general nature of Work that is to be performed at the
site by Owner or others (such as utilities and other prime contractors) that
relates to the Work for which a Bid is to be submitted. On request, Owner
will provide to each Bidder for examination access to or copies of Contract
Documents (other than portions thereof related to price) for such Work.
4.8 The submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article, that
without exception the Bid is premised upon performing and furnishing the
Work required by the Contract Documents and applying the specific means,
methods, techniques, sequences or procedures of construction (if any) that
may be shown or indicated or expressly required by the Contract
Documents, that Bidder has given Engineer written notice of all conflicts,
errors, ambiguities and discrepancies that Bidder has discovered in the
Contract Documents and the written resolutions thereof by Engineer is
acceptable to Bidder, and that the Contract Documents are generally
sufficient to indicate and convey understanding of all terms and conditions
for performing and furnishing the Work.
4.9 The provisions of 4.1 through 4.8, inclusive, do not apply to Asbestos,
Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or
Radioactive Material covered by Paragraph 4.5 of the General Conditions.
2022 Sewer Lining City of Carmel
451-7700.001 I - 4 Instructions to Bidders
5. Availability of Lands for Work.
The lands upon which the Work is to be performed, rights-of-way and easements for
access thereto and other lands designated for use by Contractor in performing the Work
are identified in the Contract Documents. All additional lands and access thereto required
for temporary construction facilities, construction equipment, or storage of materials and
equipment to be incorporated in the Work are to be provided by Contractor. Easements
for permanent structures or permanent changes in existing structures are to be obtained
and paid for by Owner unless otherwise provided in the Contract Documents.
6. Interpretations and Addenda
6.1 All questions about the meaning or intent of the Bidding Documents are to
be directed to Engineer. Interpretations or clarifications considered
necessary by Engineer in response to such questions will be issued by
Addenda, mailed or delivered to all parties recorded by Engineer as having
received the Bidding Documents. Questions received less than ten (10)
days prior to the date for opening of Bids may not be answered. Only
questions answered by formal written Addenda will be binding. Oral and
other interpretations or clarifications will be without legal effect.
6.2 Addenda may also be issued to modify the Bidding Documents as deemed
advisable by Owner or Engineer.
7. Bid Security
7.1 Each Bid must be accompanied by Bid security made payable to Owner in
an amount stated in the Advertisement/Notice to Bidders and in the form of
a certified or bank check or a Bid Bond (materially similar to the form
attached) issued by a Surety meeting the requirements of Paragraph 5.1 of
the General Conditions.
7.2 The Bid security of the Successful Bidder will be retained until such Bidder
has executed the Agreement, furnished the required contract security, and
met the other conditions of the Notice of Award, whereupon the Bid security
will be returned. If the successful Bidder fails to execute and deliver the
Agreement and furnish the required contract security within fifteen (15) days
after the Notice of Award, Owner may annul the Notice of Award and the
Bid security of that Bidder will be forfeited. The Bid security of other
Bidder(s) whom Owner believes to have a reasonable chance of receiving
the award may be retained by Owner until the earlier of seven (7) day after
the Effective Date of the Agreement or the time specified in the
Advertisement/Notice to Bidders, whereupon Bid security furnished by such
Bidders will be returned. Bid security with Bids which are not competitive
will be returned within seven (7) days after the Bid opening.
8. Contract Time
The number of days within which, or the dates by which, the Work is to be substantially
completed and also completed and ready for final payment (the term "Contract Times" is
2022 Sewer Lining City of Carmel
451-7700.001 I - 5 Instructions to Bidders
defined in Paragraph 1.12 of the General Conditions) are set forth in the Agreement (or
incorporated therein by reference to the attached Bid Form).
9. Liquidated Damages
Provisions for liquidated damages, if any, are set forth in the Agreement.
10. Substitute and "Or-Equal" Items
The Contract, if awarded, will be on the basis of material and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
"or-equal" items. Whenever it is indicated in the Drawings or specified in the
Specifications that a substitute or "or-equal" item of material or equipment may be
furnished or used by Contractor if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the Effective Date of the
Agreement. The procedure for submittal of any such application by Contractor and
consideration by Engineer is set forth in paragraphs 6.7.1., 6.7.2., and 6.7.3. of the
General Conditions and may be supplemented in the General Requirements.
11. Bid Form.
11.1 The Bid Form is included with the Bidding Documents. Additional copies
may be obtained from the Engineer (or Issuing Office).
11.2 All blanks on the Bid Form must be completed by printing in ink or by
typewriter. The Bid price of each item on the form must be stated in words
and numerals. In the case of a conflict, words will take precedence.
11.3 Bids by corporations must be executed in the corporate name by the
president or vice president (or other corporate office accompanied by
evidence of authority to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address
and the state of incorporation must be shown below the signature.
11.4 Bids by partnerships must be executed in the partnership name and signed
by the general partner, whose title must appear under the signature, and
official address of the partnership must be shown below the signature.
11.5 All names must be typed or printed in blue ink below the signature.
11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7 The address and telephone number for communications regarding the Bid
must be shown.
11.8 Evidence of authority to conduct business as an out-of state corporation in
the State of Indiana shall be provided. State contractor license number
must also be shown.
11.9 In all unit price items, the Bidder shall fill in the unit price for each item and
in addition thereto make an extension based on the estimated quantities.
2022 Sewer Lining City of Carmel
451-7700.001 I - 6 Instructions to Bidders
12. Submission of Bids.
Bids shall be submitted at the time and place indicated in the Advertisement / Notice to
Bidders and shall be enclosed in an opaque sealed envelope, marked with the Project
title (and, if applicable, the designation portion of the Project for which the Bid is
submitted) marked “Bid Enclosed” and name and address of Bidder and accompanied
by the Bid Security and other required documents. If the Bid is sent through the mail or
other delivery system, the sealed opaque envelope shall be enclosed in a separate
envelope with the notation “BID ENCLOSED” on the face of it.
13. Opening of Bids.
Bids will be opened and (unless obviously non-responsive) read aloud at the place
where Bids are to be opened. An abstract of the amounts of the base Bids and
Alternates (if any) will be made available to Bidders after the opening of Bids.
14. Bids to Remain Subject to Acceptance.
All Bids shall remain subject to acceptance for the time stated in the Advertisement, but
Owner may, in its sole discretion, release any Bid and return the Bid Security prior to
that date.
15. Award of Contract
15.1 Owner reserves the right to reject any and all Bids, including without
limitation the rights to reject any and all nonconforming, non-responsive,
unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner
believes that it would not be in the best interest of the Project to make an
award to that Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability or fails to meet any other
pertinent standard or criteria established by the Owner. The Owner reserves
the right to waive any and all informalities not involving price, time, or
changes in the Work and to negotiate contract terms with the Successful
Bidder. Discrepancies in the multiplication of units of Work and unit prices
will be resolved in favor of the unit prices. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be
resolved in favor of the correct sum. Discrepancies between words and
figures will be resolved in favor of words.
15.2 In evaluating Bids, Owners will consider the qualifications of the Bidder,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices, and other data as may be requested in the Bid Form
or prior to the Notice of Award.
15.3 Owner may consider the qualifications and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions
of the Work as to which the identity of Subcontractors and other persons
and organizations must be submitted as provided in the General Conditions.
Owner also may consider the operating costs, maintenance requirements,
performance data, and guarantees of major items of materials and
2022 Sewer Lining City of Carmel
451-7700.001 I - 7 Instructions to Bidders
equipment proposed for incorporation in the Work when such data is
required to be submitted prior to Notice of Award.
15.4 Owner may conduct such investigations as Owner deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of Bidders, proposed Subcontractors,
Suppliers, and other persons and organizations to perform and furnish the
Work in accordance with the Contract Documents to Owner's satisfaction
within the prescribed time.
15.5 If the Contract is to be awarded, it will be awarded to the lowest responsive,
responsible Bidder and whose evaluation by Owner indicates to Owner that
the award will be in the best interests of the Project.
15.5.1 Each bidder agrees to waive any claim it has or may have against
the Owner, the Engineer, and their respective employees, arising out
of or in connection with the administration, evaluation, or
recommendation of any Bid.
15.6 If the Contract is to be awarded, Owner will give the Successful Bidder a
Notice of Award within the time stated in the Advertisement after the day of
the Bid opening.
16. Notice of Award and Award Procedure
16.1 Prior to execution of the Agreement, the Owner will issue to the successful
Bidder a Notice of Award stating that its Bid was the responsible and
responsive bid and that the enclosed Agreement is submitted for execution
without further negotiation. If the successful bidder finds it in accordance
with the Bidding Documents, it is to be returned to the Owner by certified
mail or in person within fifteen (15) calendar days after receipt for further
execution and with the caution that a contract will not exist until it is signed
by all signatories required. Failure to execute the proper Agreement and
furnish the ancillary documents shall constitute reason for surrender of the
Bid Bond or certified check.
17. Contract Security
Paragraph 5.1 of the General Conditions sets forth Owner’s requirements as to
performance and payment and other Bonds. When the Successful Bidder delivers the
executed Agreement to the Owner, it must be accompanied by the performance and
payment Bonds as required.
18. Signing of Agreement
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by
at least five (5) unsigned counterparts of the Agreement with all other written Contract
Documents attached. Within fifteen (15) days thereafter Contractor shall sign and deliver
at least three counterparts of the Agreement and attached documents to Owner with the
required Bonds. Within fifteen days thereafter, Owner shall deliver one fully signed
2022 Sewer Lining City of Carmel
451-7700.001 I - 8 Instructions to Bidders
counterpart to Contractor. Each counterpart is to be accompanied by a complete set of
the Drawings with appropriate identification.
19. Retainage
The Owner will retain an amount of each progress payment in accordance with the
Agreement and the Laws and Regulation governing the Project.
20. Indiana Revised Form 96
Each Bidder shall submit State of Indiana, Revised Form 96 with and as a part of their
Bid.
21. Confined Space Program
The successful Bidder will be required to sign the Confined Space Requirement
Acknowledgement form included in the Contract Documents.
2022 Sewer Lining 451-7700
(RC-1)
CITY OF CARMEL
Request for Clarification
REQUEST FOR CLARIFICATION
RFC #_______________
Date: ________________________________
Project Title: __________________________
Project Owner: ________________________
Engineer: ____________________________
Contractor: ___________________________
___________________________
___________________________
Phone #:_____________________________
Fax #:_______________________________
Ref. Drawing Nos.:_____________________ Spec. Sect. _________________
Clarification Request:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
_________________________________________ Response needed by:_________
Note: All responses will be made in writing and distributed to all bidders.
2022 Sewer Lining (NA-1) City of Carmel
Notice of Award
NOTICE OF AWARD
TO: Ursula Youngblood, Contracting & Attesting Officer
Insituform Technologies USA, LLC.
580 Goddard Avenue
Chesterfield, MO 63005 (Contractor)
Project Title: 2022 Sewer Lining
Project Description: In general, the work consists of cured-in-place lining
approximately 3318-feet of sewers ranging from 8-inch and 12-inch, lining the interior of
several manholes, and ancillary work.
The Owner has considered the Bid submitted by you for the above described
Project in response to its Advertisement, with bids opened August 17, 2022.
You are hereby notified that your Bid Proposal has been accepted for items in
the amount of $181,507.60.
There were no alternates proposed or considered.
You are required by the Advertisement / Notice to Bidders and Instructions to
Bidders to execute the Agreement and furnish the Performance Bond, Payment Bond
and Certificates of Insurance required by the Specifications within fifteen (15) calendar
days from the date of this Notice of Award.
If you fail to execute the Agreement and to furnish the Performance Bond,
Payment Bond and Certificates of Insurance within fifteen (15) days from the date of this
Notice of Award, the Owner will be entitled to consider all your rights arising out of the
Owner’s acceptance of your Bid Proposal as abandoned and as a forfeiture of your Bid
Bond or certified check. The Owner will be entitled to any other rights as may be
granted by law.
You are required to return an acknowledged copy of this Notice of Award to the
Owner.
Dated this 23rd day of August 2022.
By: John Duffy
Title: Carmel Utility Director
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ________
______________________________________________ this ___________ day of
____________________________, 20________.
2022 Sewer Lining 451-7700 A-22 CITY OF CARMEL
Contractor’s Waiver Final
EXHIBIT D
CONTRACTOR’S AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS
(__) FINAL (__) PARTIAL (__) PAYMENT TO FOLLOW
OWNER: City of Carmel, Indiana Department
of Public Works.
PROJECT:
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
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 Sewer Lining 451-7700 A-22 CITY OF CARMEL
Contractor’s Waiver Final
This instrument has been executed as of the __________ day of __________________, 20____.
CONTRACTOR:___________________________
By:
Name:
Title:
STATE OF INDIANA
COUNTY
OF
Sworn to and subscribed before me the undersigned authority on this _____________ day of
______________________, 20____.
Notary Public, State
of
Printed Name of
Notary
[ SEAL]
My Commission Expires:
____________________
2022 Sewer Lining 451-7700 CITY OF CARMEL
Contractor’s Waiver Progress
A-24
EXHIBIT E
SUBCONTRACTOR AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS
(__) FINAL (__) PARTIAL (__) PAYMENT TO FOLLOW
OWNER: City of Carmel, Indiana Department
of Public Works.
PROJECT:
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 ($_____________________).
( ) 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 ($____________________).
( ) 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 Sewer Lining 451-7700 CITY OF CARMEL
Contractor’s Waiver Progress
A-24
This instrument has been executed as of the __________ day of __________________, 20____.
CONTRACTOR:___________________________
By:
Name:
Title:
STATE OF INDIANA
COUNTY
OF
Sworn to and subscribed before me the undersigned authority on this _____________ day of
______________________, 20____.
Notary Public, State
of
Printed Name of
Notary
[ SEAL]
My Commission Expires:
____________________
2022 Sewer Lining 451-7700 A-25 CITY OF CARMEL
Change Order Form
EXHIBIT F
CHANGE ORDER
Change Order No._________________
Date: ___________________________
Contract Date:____________________
Name of Project: _______2022 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:
The Contract Time will be (increased)(decreased) by ________ calendar days.
The date for completion of all work will be __________________________________. (Date)
Requested by: __________________________________ ___________________
(Owner) (Date)
Recommended by: ______________________________ ___________________
(Consulting Engineer) (Date)
Accepted by:___________________________________ ___________________
(Contractor) (Date)
Approved by: __________________________________ ___________________
(Name and Title) (Date)
One Copy – Owner
One Copy – Contractor
One Copy – Engineer
2022 Sewer Lining 451-7700 CITY OF CARMEL
Escrow Agreement
(E-1)
ESCROW AGREEMENT
This Escrow Agreement made and entered into this ______ day of __________,
20___, by and between ______________________________________ (herein called
“Owner”), ______________________________(herein called “Contractor”), and
________________________ as escrow agent (herein called “Agent”). The Owner and
Contractor entered into an Agreement Between Owner and Contractor (the
“Agreement”) dated ___________, 20____, providing for the construction by Contractor
of the ________________________________________________________________,
subject to the provisions of the Contract Documents. The Agreement provides that
portions of payments by Owner to Contractor shall be retained by Owner (herein called
Retainage) and placed in an escrow account. Owner and Contractor agree as follows:
1. Owner will hereinafter deliver or cause to be delivered to Agent the Retainage
from each progress payment as designated in the Agreement to be held in
escrow in accordance with the terms of the Escrow Agreement.
2. The Agent acknowledges its periodic duty to receive the Retainage and to hold
the Retainage according to the terms and conditions of this Escrow Agreement.
3. Upon receipt of the Retainage, Agent shall promptly deposit the Retainage in a
special account. Agent shall invest all cash proceeds held in any short-term or
money market fund available to such accounts through Agent's trust department
which are considered prudent to safeguard principal, to earn reasonable interest
and to make funds available within a reasonable time for distribution when
required.
4. The Agent shall not be responsible for the sufficiency or accuracy of the form,
execution, validity, or genuineness of the Retainage deposited. Further, Agent
shall not be responsible for any endorsement of Retainage or liable in any
respect on account of the identity, authority, or rights of the party executing or
delivering, or purporting to execute or deliver, any Retainage.
5. The Escrow Agent shall be deemed to have no notice of, and shall not be
controlled, limited, or bound by, any provision contained in any other agreement,
contract, or document between the Owner and Contractor or between either or
both of them, individually or collectively, and any other entity, except as such
provisions specifically are contained in this Escrow Agreement.
6. This Escrow Agreement and anything done or performed hereunder by either
Contractor or Owner shall not be construed to prejudice or limit the claims which
either party may have against the other arising out of the aforementioned
Agreement Between Owner and Contractor.
7. Before any remittance of income received hereunder, Agent shall deduct its fee
which shall be computed in accordance with the Escrow Retainage Fee
2022 Sewer Lining 451-7700 (Form LPW - 0.44)
Schedule which is attached hereto as Exhibit A and made a part hereof. Agent
also agrees that there is no termination fee and all fees must be paid from the
escrowed income of the escrow account.
8. Agent shall hold the escrow Retainage until the following:
a. Receipt of written authorization from Owner specifying the portion or
portions of the escrow Retainage to be released from the escrow account
to Contractor. Upon receipt of such notice, Agent shall consider it a
direction and promptly remit the designated portion of the escrow
Retainage and income as directed; or
b. In the event of a disagreement between the Owner and Contractor, or
among them and any other entity, resulting in adverse claims and
demands being made in connection with, or for, any escrow Retainage
held pursuant to the terms of this Escrow Agreement, the Escrow Agent
shall refuse to comply with the claims or demands as long as such
disagreement shall continue, and in so refusing the Escrow Agent may
make no delivery or other disposition of the Retainage, and in so doing the
Escrow Agent shall not be or become liable in any way to any person for
the Escrow Agent’s failure or refusal to comply with such conflicting or
adverse demands; and the Escow Agent shall be entitled to continue to
refrain from acting and to refuse to act until the Escrow Agent receives
authorization as follows:
1) Authorization executed by the Owner and Contractor;
2) Receipt of a certified or file stamped copy of a court order resolving a
disputed claim or directing a specific distribution of all or any portion of
said funds, Agent will make distribution in accordance with such order;
or
3) Ruling pursuant to arbitration in accordance with Indiana Law resolving
the disagreement or directing a specific distribution of all of the
Retainage.
Upon receipt of any such authorization, Agent shall promptly act according to the
terms of such authorization and thereby Agent shall be relieved from any duty,
responsibility, or liability arising from the adverse claims and demands or arising
from the terms of this Escrow Agreement.
9. The duties and responsibilities of Agent shall be limited to those expressly set
forth herein, to hold such money and to pay and deliver to such person and
under such conditions as herein set forth. Agent shall act in good faith using its
best judgment. Agent shall not be liable for any act taken or omitted in good faith
2022 Sewer Lining 451-7700 (Form LPW - 0.44)
and shall be fully protected when relying on any written notice, demand,
certificate or document which it believes to be genuine.
10. The delivery of the Retainage in accordance with the terms and conditions of this
Escrow Agreement shall wholly discharge the Escrow Agent from all
responsibility hereunder and shall terminate the Escrow Agreement as applied to
the Retainage so delivered.
11. Any notice in writing required or permitted to be given by the Escrow Agent will
be deemed to have been sufficiently given if personally delivered or if mailed in
an envelope addressed to the following address or such other address as Owner
and Contractor hereafter may specify in written notice to the Escrow Agent.
a. Owner:
__________________________________
__________________________________
__________________________________
b. Contractor:
__________________________________
__________________________________
__________________________________
12. This instrument constitutes the entire agreement between the parties regarding the
duties of Agent with respect to the investment and payment of the escrow
Retainage.
13. This Escrow Agreement shall be governed, construed, and enforced according to
the laws of the State of Indiana and shall be binding upon, and inure to the benefit
of, each party’s successors, assigns, heirs, executors, and administrators.
14. Time is of the essence in the performance of this Escrow Agreement and of any
terms or conditions thereof.
15. If any article, term, condition, phrase, or clause of this Escrow Agreement shall be
invalid or unenforceable, such illegality or unenforceability shall not affect any other
article, term, condition, phrase, or clause.
2022 Sewer Lining 451-7700 (Form LPW - 0.44)
CONTRACTOR: OWNER:
By: _____________________ By: _____________________________
Address _________________ Address _________________________
________________________ ________________________________
Title ____________________ Title ____________________________
Date ____________________ Date ___________________________
ESCROW AGENT:
________________________
By: _____________________
Title ____________________
Date ____________________
2022 Sewer Lining 451-7700 NP-1 CITY OF CARMEL
Notice to Proceed
NOTICE TO PROCEED
Dated , 20XX
TO:
ADDRESS:
PROJECT:2022 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 _____________________, 20XX
and ____________________, 20XX.
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
John Duffy
City of Carmel, Indiana
(OWNER)
By:
(AUTHORIZED SIGNATURE
Utility Director
(TITLE)
cc: Project Engineer
2022 Sewer Lining 451-7700 CITY OF CARMEL
SRF Requirements
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.
1. DBE Packet
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. Contractor and Subcontractor Disadvantage Business Enterprise (DBE) classification
form
5. Davis-Bacon wage rates (to be issued by addenda)
1
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 (MBE/WBE) 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.gov
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
2
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:
1. 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.
3. 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.
7. 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
3
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.
Disadvantaged Business Enterprises (DBE) Good
Faith Efforts
Borrowers and their prime contractors must follow, document, and maintain documentation of their
good faith efforts to meet the MBW/WBE goals as listed below to ensure that Disadvantage Business
Enterprises (DBEs) have the opportunity to participate in the project by increasing DBE awareness of
procurement efforts and outreach. In order to become a certified DBE under this rule, an eligible
entity must submit an application that can be found by visiting: https://www.in.gov/idoa/mwbe
The fair share goal of contracts and subcontracts to be awarded to MBEs and WBEs and their
participation in the Contractor’s aggregate workforce in each trade on all construction work for the
subject project are as follows:
MBEs 7 %
WBEs 5 %
1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities; including placing DBEs on solicitation lists and
soliciting them whenever they are potential sources.
2. Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days
before the bid or proposal closing date.
3. Consider in the contracting process whether firms competing for large contracts could be
subcontracted with DBEs. This will include dividing total requirements when economically
feasible into smaller tasks or quantities to permit maximum participation by DBEs in the
competitive process. Encourage contracting with a consortium of DBEs when a contract is too
large for one of these firms to handle individually.
4. Use the services and assistance of the Small Business Administration and the Minority Business
Development Agency of the U. S. Department of Commerce.
5. If the prime contractor awards subcontracts, require the prime contractor to take the steps in
numbers 1 through 5 above.
Required Contract Conditions
4
These conditions must be included in all procurement contracts entered into by the loan recipient for all
DWSRF and CWSRF projects:
1. The prime contractor must pay its subcontractor for satisfactory performance no more than 30
days from the prime contractor’s receipt of payment from the loan recipient.
2. The prime contractor must notify the loan recipient in writing prior to the termination of any
DBE subcontractor for convenience by the prime contractor.
3. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime
contractor must employ the six good faith efforts if soliciting a replacement subcontractor.
4. The prime contractor must employ the six good faith efforts even if the prime 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.”
U.S. Department of LaborPAYROLL (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)
Wage and Hour Division Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
NAME OF CONTRACTOROR SUBCONTRACTORADDRESSOMB No.: 1215-0149 Expires: 12/31/2011 PAYROLL NO.FOR WEEK ENDINGPROJECT AND LOCATIONPROJECT OR CONTRACT NO. (1)(2)(3)(4) DAY AND DATE(5)(6)(7)(9) (8) DEDUCTIONS O O O O O O O O NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKERNO. OF WITHHOLDiNG EXEMPTIONS WORK CLASSIFICATION OT. OR ST. HOURS WORKED EACH DAY TOTAL HOURS RATE OF PAY GROSS AMOUNT EARNEDFICA WITH-HOLDING TAXOTHER TOTAL DEDUCTIONS NET WAGES PAID FOR WEEK S SS S S S S S Rev. Dec. 2008Rev. Dec. 2008While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden StatementWe estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W. Washington, D.C. 20210(over)Attachment A4
Date I,(Name of Signatory Party)(Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by on the (Contractor or Subcontractor) ; that during the payroll period commencing on the (Building or Work) day of,, and ending theday of,, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS − in addition to the basic hourly wage rates paid to each laborer or mechanic listed inthe above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH − Each laborer or mechanic listed in the above referenced payroll has been paid,as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS REMARKS: EXCEPTION (CRAFT)EXPLANATION NAME AND TITLESIGNATURE THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. 5
6
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
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (1)(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.
7
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.
8
(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 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours worked, deductions made and actual wages paid. Whenever
the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to the [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 submission of copies of payrolls by all subcontractors. Contractors and
9
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.
10
(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 paid not less than the applicable wage rate on the wage determination for the classification of
11
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 firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
12
(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, copying, or transcription by authorized representatives
13
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 5.5]
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
Labor Standards Administrator IFA Wage/Fringe Benefit Certification (To be completed by contractor/subcontractor) COMMUNITY: Click here to enter text. PROJECT: Click here to enter text. This is to certify that Click here to enter text.plans to use the following classifications of workers on the above referenced project: From Applicable Wage Decision ____________________________________________ Classification Base Wage Fringe Benefits Total Package Due Due DueBase Wage to be paid by Contractor Fringe Benefits to be provided by Contractor ______________ Benefit Hourly Amount Total package to be paid by Contractor Certified by: Title: Date: (must be certified by contractor) Attachment D15
16
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.”
BIDDER'S DBE STATUS FORM
After the notice of Award is issued, the Contractor shall fill in and submit the form below specifying the
DBE/MBE/WBE status on the Contractor and all subcontractors.
Prime Contractor Name
CONTACT PERSON
E-MAIL ADDRESS
MAILING ADDRESS
Phone#
DBE/MBE/WBE status (please provide applicable details)
Subcontractor Name
CONTACT PERSON
E-MAIL ADDRESS
MAILING ADDRESS
Phone#
DBE/MBE/WBE status (please provide applicable details)
Subcontractor Name
CONTACT PERSON
E-MAIL ADDRESS
MAILING ADDRESS
Phone#
DBE/MBE/WBE status (please provide applicable details)
Attach additional pages as necessary for all subcontractors.
"General Decision Number: IN20220006 08/05/2022
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 |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $15.00 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2022. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $11.25 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2022. |
|______________________________|_____________________________|
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
15 07/01/2022
16 07/08/2022
17 07/15/2022
18 07/29/2022
19 08/05/2022
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
----------------------------------------------------------------
BRIN0003-001 06/01/2021
INDIANAPOLIS
BOONE, HANCOCK, HENDRICKS, JOHNSON, MARION, MONTGOMERY, MORGAN
and SHELBY COUNTIES
Rates Fringes
Bricklayer, Stone Mason,
Pointer, Caulking................$ 33.59 15.89
TERRAZZO FINISHER................$ 20.74 11.98
TERRAZZO 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
WHITLEY 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
TERRAZZO FINISHER................$ 21.69 11.99
TERRAZZO 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
TERRAZZO FINISHER................$ 20.74 11.98
TERRAZZO 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
----------------------------------------------------------------
BRIN0011-001 06/01/2021
LAFAYETTE
BENTON, CARROLL, CLINTON, FOUNTAIN, TIPPECANOE, WARREN and
WHITE COUNTIES
Rates Fringes
Bricklayer, Stonemason,
Pointer, Caulker & Cleaner.......$ 30.75 18.97
TERRAZZO FINISHER................$ 21.69 11.99
TERRAZZO 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
----------------------------------------------------------------
CARP0224-011 04/01/2021
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
----------------------------------------------------------------
CARP1016-001 04/01/2022
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 2
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.
----------------------------------------------------------------
ELEC0212-002 11/30/2021
DEARBORN, OHIO, and SWITZERLAND COUNTIES
Rates Fringes
ELECTRICIAN (Communication
Technician Only).................$ 25.95 12.27
----------------------------------------------------------------
ELEC0212-009 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 Fringes
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 29%+6.75
EQUIPMENT OPERATOR 3
(Backhoes over 1/2 yard
bucket capacity, cranes
rated at 15 ton or more
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
----------------------------------------------------------------
ENGI0103-003 04/01/2021
INCLUDING UNDERGROUND AND UTILITY CONSTRUCTION
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
motor boat; 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
----------------------------------------------------------------
* ENGI0150-009 04/01/2022
HEAVY, HIGHWAY AND RAILROAD CONSTRUCTION
ELKHART, FULTON, JASPER, KOSCIUSKO, LAGRANGE, MARSHALL, NEWTON,
NOBLE, PULASKI, and STARKE COUNTIES
Rates Fringes
POWER EQUIPMENT OPERATOR
GROUP 1.....................$ 32.85 32.30
GROUP 2.....................$ 31.25 32.30
GROUP 3.....................$ 29.95 32.30
GROUP 4.....................$ 28.55 32.30
GROUP 5.....................$ 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
----------------------------------------------------------------
ENGI0150-039 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
GROUP 5.....................$ 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 or water 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 l 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.
----------------------------------------------------------------
ENGI0181-014 04/01/2022
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.
----------------------------------------------------------------
ENGI0181-015 04/01/2022
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.
----------------------------------------------------------------
ENGI0841-011 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 Jack,
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.
----------------------------------------------------------------
IRON0022-001 06/01/2021
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 06/01/2022
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 06/01/2022
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 06/01/2022
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 (NORTHEAST THIRD 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 06/01/2022
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
----------------------------------------------------------------
LABO0041-005 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; Pumpcrete 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; Pumpcrete 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
UTILITTY 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; Pumpcrete 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
----------------------------------------------------------------
LABO0204-003 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; Pumpcrete 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
----------------------------------------------------------------
LABO0213-003 04/01/2022
UTILITY CONSTRUCTION
ADAMS, ALLEN, DEKALB, HUNTINGTON, NOBLE, STEUBEN, WABASH,
WELLS, & WHITLEY 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; Pumpcrete 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
----------------------------------------------------------------
LABO0274-005 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; Pumpcrete 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
----------------------------------------------------------------
LABO0561-015 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; Pumpcrete 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
----------------------------------------------------------------
LABO0645-005 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; Pumpcrete 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
----------------------------------------------------------------
LABO0645-006 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; Pumpcrete 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; Pumpcrete 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
----------------------------------------------------------------
LABO0795-004 04/01/2022
UTILITY CONSTRUCTION
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; Pumpcrete 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
----------------------------------------------------------------
LABO0999-001 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; Pumpcrete 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
COMMERCIAL AND INDUSTRIAL
DEARBORN, OHIO, RIPLEY AND 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
----------------------------------------------------------------
PAIN0080-001 06/01/2022
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 EPOXY............$ 28.60 17.53
BRUSH & ROLLER..............$ 27.60 17.53
DRYWALL FINISHERS...........$ 27.85 17.53
SPRAY of MASTICS
CREOSOTES, KWINCH KOATE,
COAL TAR EPOXY..............$ 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 over 75? $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/Waterblasting;
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,HAMILTON,
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
----------------------------------------------------------------
PLAS0101-008 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
----------------------------------------------------------------
PLAS0438-003 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
----------------------------------------------------------------
PLAS0692-011 04/01/2020
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 04/01/2022
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 07/01/2022
BENTON, CARROLL, CLINTON, FOUNTAIN, MONTGOMERY, TIPPECANOE,
WARREN AND WHITE COUNTIES:
Rates Fringes
Plumbers and Pipefitters.........$ 39.73 20.85
----------------------------------------------------------------
PLUM0166-001 06/01/2022
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
----------------------------------------------------------------
PLUM0172-001 06/01/2022
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
----------------------------------------------------------------
PLUM0502-001 08/01/2016
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 06/01/2021
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
----------------------------------------------------------------
ROOF0075-001 05/01/2021
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 07/01/2022
CLAY, GREENE, OWEN, PARKE, SULLIVAN, VERMILLION AND VIGO
COUNTIES
Rates Fringes
ROOFER...........................$ 28.75 17.55
----------------------------------------------------------------
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 METAL WORKER...............$ 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 04/01/2021
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
GROUP 5.....................$ 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 EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
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 for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
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"
B - 1
PART B
CONDITIONS
FOREWORD
This PART includes the General Conditions.
GC-1
GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE I - DEFINITIONS .......................................................................................................................GC-4
ARTICLE 2 - PREMLIMINARY MATTERS ..............................................................................................GC-6
2.1 Delivery of Bonds and Evidence of Insurance ................................................................................GC-6
2.2 Commencement of Contract Times; Notice to Proceed ................................................................GC-6
2.3 Starting the Work .................................................................................................................................GC-6
2.4 Before Starting Construction..............................................................................................................GC-7
2.5. Before Starting Construction............................................................................................................GC-7
2.6 Preconstruction Conference ..............................................................................................................GC-8
2.7 Initially Acceptable Schedules ...........................................................................................................GC-8
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING REUSE.......................................GC-8
3.1 Intent ......................................................................................................................................................GC-8
3.2 Reference Standards ..........................................................................................................................GC-8
3.3 Reporting and Resolving Discrepancies ..........................................................................................GC-8
3.3.2 Resolving .......................................................................................................................................GC-9
3.4 Amending and Supplementing Contract Documents .....................................................................GC-9
3.5 Reuse of Documents ..........................................................................................................................GC-9
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS .....GC-10
4.1 Availability of Lands ..........................................................................................................................GC-10
4.2 Subsurface and Physical Conditions ..............................................................................................GC-10
4.2.1 Reports and Drawings:..............................................................................................................GC-10
4.2.1.2 Physical Conditions:...............................................................................................................GC-10
4.2.2. Limited Reliance by CONTRACTOR Authorized, Technical Data:...................................GC-10
4.3 Differing Subsurface or·Physical Conditions .................................................................................GC-11
4.3.2 ENGINEER's Review:...............................................................................................................GC-11
4.3.3. Possible Contract Documents Change.................................................................................GC-11
4.3.4 Possible Price and Times Adjustments ..................................................................................GC-11
4.4 Physical Conditions-Underground Facilities..................................................................................GC-11
4.4.1 Shown or Indicated:...................................................................................................................GC-11
4.5 Reference Points ...............................................................................................................................GC-12
4.6 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................................GC-12
ARTICLE 5 - BONDS, INSURANCE AND INDEMNIFICATION.......................................................GC-13
5.1 Performance, Payment and Other Bonds:...................................................................................GC-13
5.2. Licensed Sureties and Insurers ....................................................................................................GC-14
5.3 Certificates of Insurance..................................................................................................................GC-14
5.4 CONTRACTOR's Liability Insurance.............................................................................................GC-14
A. Workers Compensation/Employer’s Liability:............................................................................GC-15
B. Commercial General Liability:......................................................................................................GC-15
C. Commercial Automobile Liability (Owned, Leased, Hired/Non-Owned):...............................GC-16
5.5 OWNER's Liability Insurance..........................................................................................................GC-16
5.6 Property Insurance ............................................................................................................................GC-16
5.7. Waiver of Rights...............................................................................................................................GC-16
5.8 Receipt and Application of Insurance Proceeds..........................................................................GC-18
5.9 Acceptance of Bonds and Insurance; Option to Replace:..........................................................GC-18
5.10 Partial Utilization-Property Insurance ...........................................................................................GC-18
5.11 Indemnification .................................................................................................................................GC-19
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.........................................................................GC-19
GC-2
6.1 Supervision and Superintendence ..................................................................................................GC-19
6.2 Labor, Materials and Equipment ....................................................................................................GC-20
6.3 Services, Materials and Equipment ................................................................................................GC-20
6.4 Progress Schedule ...........................................................................................................................GC-20
6.5 Substitutes and “Or-Equal” Items....................................................................................................GC-20
6.5.1.1 “Or-Equal”:...............................................................................................................................GC-20
6.5.1.2 Substitute Items:.....................................................................................................................GC-20
6.6 Concerning Subcontractors, Suppliers and Others......................................................................GC-21
6.7 Patent Fees and Royalties ...............................................................................................................GC-22
6.8 Permits ................................................................................................................................................GC-23
6.9 Laws and Regulations ......................................................................................................................GC-23
6.10 Taxes .................................................................................................................................................GC-23
6.11 Use of Site and Other Areas..........................................................................................................GC-23
6.11.1 Limitations on Use of Site and Other Areas ........................................................................GC-23
6.12 Record Documents .........................................................................................................................GC-24
6.13 Safety and Protection .....................................................................................................................GC-24
6.14 Safety Representative ....................................................................................................................GC-24
6.15 Hazard Communication Programs ...............................................................................................GC-24
6.16 Emergencies ....................................................................................................................................GC-24
6.17 Shop Drawings and Samples ........................................................................................................GC-25
6.17.1.1 Shop Drawings ......................................................................................................................GC-25
6.17.3 Submittal Procedures ..............................................................................................................GC-25
6.17.4 ENGINEER’s Review ..............................................................................................................GC-25
6.17.5 Resubmittal Procedures..........................................................................................................GC-26
6.18 Continuing the Work .......................................................................................................................GC-26
6.19 CONTRACTOR's General Warranty and Guarantee ................................................................GC-26
ARTICLE 7 - OTHER WORK ....................................................................................................................GC-26
7.1 Related Work at Site .........................................................................................................................GC-26
7.2 Coordination .......................................................................................................................................GC-27
ARTICLE 8 - OWNER'S RESPONSIBILITIES.......................................................................................GC-27
8.1 Communication to Contractor ..........................................................................................................GC-27
8.2 Replacement of ENGINEER ............................................................................................................GC-27
8.3 Furnish Data .......................................................................................................................................GC-27
8.4 Lands and Easements; Reports and Tests ...................................................................................GC-28
8.5 Insurance ............................................................................................................................................GC-28
8.6 Change Orders ..................................................................................................................................GC-28
8.7 Inspections, Tests and Approvals ...................................................................................................GC-28
8.8. Limitations on Owner’s Responsibilities .......................................................................................GC-28
8.10 Undisclosed Hazardous Environmental Condition .....................................................................GC-28
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ...................................................GC-28
9.1 OWNER's Representative ................................................................................................................GC-28
9.2 Visits to Site:.......................................................................................................................................GC-28
9.3 Project Representative .....................................................................................................................GC-28
9.3.2 Duties and Responsibilities ......................................................................................................GC-29
9.3.4 Clarifications and Interpretations .............................................................................................GC-30
9.4 Authorized Variations in Work .........................................................................................................GC-31
9.5 Rejecting Defective Work .................................................................................................................GC-31
9.6 Shop Drawings, Change Orders and Payments ..........................................................................GC-31
9.7 Determinations for Unit Prices .........................................................................................................GC-31
GC-3
9.8 Decisions on Disputes ......................................................................................................................GC-31
9.9 Limitations on Engineer’s Authority and Responsibilities ...........................................................GC-32
ARTICLE 10 - CHANGES IN THE WORK..............................................................................................GC-32
10.1 Authorized Changes in the Work ..................................................................................................GC-32
10.2 Unauthorized Changes in the Work .............................................................................................GC-32
10.3 Execution of Change Orders .........................................................................................................GC-32
10.4 Notification to Surety .......................................................................................................................GC-33
ARTICLE 11- COST OF THE WORK; ALLOWANCES AND UNIT PRICES..................................GC-33
11.1 Cost of the Work ..............................................................................................................................GC-33
11.2 Allowances .......................................................................................................................................GC-35
11.3 Unit Price Work ................................................................................................................................GC-35
ARTICLE 12 - CHANGES OF CONTRACT PRICE AND TIMES......................................................GC-36
12.1 Change of Contract Price ...............................................................................................................GC-36
12.2 Changes of Contract Time .............................................................................................................GC-36
12.3 Delays ...............................................................................................................................................GC-36
ARTICLE 13 - TEST AND INSPECTIONS; CORRECTION, REMOVAL OF WORK....................GC-37
13.1 Notice of Defects .............................................................................................................................GC-37
13.2 Access to Work ................................................................................................................................GC-37
13.3 Tests and Inspections .....................................................................................................................GC-37
13.4 Uncovering Work .............................................................................................................................GC-37
13.5 OWNER May Stop the Work .........................................................................................................GC-38
13.6 Correction or Removal of Defective Work ...................................................................................GC-38
13.7 Correction Period ............................................................................................................................GC-38
13.8 Acceptance of Defective Work ......................................................................................................GC-38
13.9 OWNER May Correct Defective Work .........................................................................................GC-39
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION............................................GC-39
14.1 Schedule of Values .........................................................................................................................GC-39
14.2 Application for Progress Payment ................................................................................................GC-39
14.2.2 Review of Applications for Progress Payment ....................................................................GC-40
14.3 CONTRACTOR's Warranty of Title ..............................................................................................GC-41
14.4 Substantial Completion ..................................................................................................................GC-41
14.5 Partial Utilization ..............................................................................................................................GC-41
14.6 Final Inspection................................................................................................................................GC-42
14.7 Final Payment ..................................................................................................................................GC-42
14.7.2 Final Payment and Acceptance .............................................................................................GC-43
14.8 Final Completion Delayed ..............................................................................................................GC-43
14.9 Waiver of Claims .............................................................................................................................GC-43
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .......................................................GC-43
15.1 OWNER May Suspend Work ........................................................................................................GC-43
15.2 OWNER’s Right to Terminate for Cause .....................................................................................GC-43
15.3 OWNER’S Right to Terminate for Convenience ........................................................................GC-44
15.4 CONTRACTOR May Stop Work or Terminate ...........................................................................GC-44
ARTICLE 16 - DISPUTE RESOLUTION .................................................................................................GC-44
ARTICLE 17 -MISCELLANEOUS ............................................................................................................GC-45
17.1 Giving Notice ....................................................................................................................................GC-45
17.2 Computation of Times ....................................................................................................................GC-45
17.3 Notice of Claim ................................................................................................................................GC-45
17.4 Cumulative Remedies ....................................................................................................................GC-45
17.5 Professional Fees and Court Costs Included .............................................................................GC-45
GC-4
Part B - GENERAL CONDITIONS City of Carmel
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:
1.1. Addenda-Written or graphic instruments issued
prior to the opening of Bids 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 of the bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
1.6. Bidding Documents- The Advertisement/Notice
to Bidders, instructions to Bidders, the Bid Proposal,
including Bid Form, signature Affidavit, Bid Bond,
Non-Collusion Affidavit, Non-Discrimination
Affidavit, Affidavit of Subcontractors Employed, and
the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
1.7. Bidding Requirements-The Advertisement/
Notice to Bidders, Instructions to Bidders, and the
Bid form.
1.8. Bonds-Bid, 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 Bid (including documentation
accompanying the Bid and any post Bid
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 are
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 referred 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
GC-5
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.
1.18. 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 of Award-The written notice by OWNER
to the apparent successful bidder stating that upon
compliance by the apparent successful bidder with
the conditions precedent enumerated therein, within
the time specified, OWNER will sign and deliver the
Agreement.
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
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 be 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 be 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 be
judged.
1.35. Shop Drawings-All drawings. diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or
for CONTRACTOR and submitted by
CONTRACTOR to illustrate some portion of the
Work.
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
GC-6
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 Bid
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
GC-7
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 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 a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal;
2.4.2.3 a preliminary schedule of values for all of the
Work which will include quantities and prices of
items aggregating to the Contract Price and will
subdivide the Work into component parts in
sufficient detail to serve as the basis for progress
payments during construction. Such prices will
include an appropriate amount of overhead and
profit applicable to each item of Work.
2.4.2.3.1 Mobilization for CONTRACTOR and any
tier of subcontractor(s) shall be considered
collectively and shall not exceed 10 percent (10%)
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 bid 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 Work, excluding
mobilization and inventory, has progressed to an
amount equal to five percent (5%) or more of the
Contract Price, then an amount of not more than fifty
percent (50%) of the mobilization cost will be
considered for inclusion in the progress payment.
Prior to the established five percent (5%), Owner
may consider payment on invoices for bonds and
insurances and permits; this amount shall be
subtracted from the total amount for mobilization.
Not more than forty percent (40%) of the mobilization
cost will be considered for inclusion in the progress
payments once the Work, excluding 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 Where the Work is covered by Unit Prices and
there have been included lump sum items, the
Contractor shall submit to ENGINEER a schedule of
values in accordance with the paragraph 2.4 for
those lump sum items.
2.5. Before Starting Construction.
GC-8
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 Preconstruction Conference
2.6.1 Within twenty (20) days after the Contract
Times start to run, but before any Work at the site is
started, a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to
establish a working understanding among the
parties as to the Work and to discuss the schedules
referred to in paragraph 2.4.2, procedures for
handling Shop Drawings and other submittals,
processing Applications for Payment and
maintaining required records.
2.7 Initially 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.
2.7.1.2 CONTRACTOR's schedule of Shop Drawing
and Sample submissions will be acceptable to
ENGINEER as providing a workable arrangement
for reviewing and processing the required
submittals.
2.7.1.3 CONTRACTOR's schedule of values will be
acceptable to ENGINEER as to form and substance.
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
construction industry or trade meaning are used to
describe Work, materials or equipment, such words
or phrases shall be interpreted in accordance with
that meaning.
3.1.3 Clarifications and interpretations of the
Contract Documents shall be issued by ENGINEER
as provided in paragraph 9.3.4.
3.2 Reference Standards
3.2.1 Standards, Specifications, Codes, Laws and
Regulations.
3.2.1.1. Reference to standards, specifications,
manuals or codes of any technical society,
organization or association, or to the Laws or
Regulations of any governmental authority, whether
such reference be specific or by implication, shall
mean the latest standard, specification, manual,
code or Laws or Regulations in effect at the time of
opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids), except as may be
otherwise specifically stated in the Contract
Documents.
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
GC-9
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
provisions 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 Supplementing 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
GC-10
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
written consent of 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 not sufficient for the work, the CONTRACTOR
shall obtain any 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
GC-11
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 Change 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
4.3.4.1 An equitable adjustment in the Contract
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 Bid
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 as required by paragraph
4.3.1.
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
GC-12
respect to existing Underground Facilities at or
contiguous to the site is based on information and
data furnished to OWNER or ENGINEER by the
owners of such Underground Facilities or, by others.
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 thereby or 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 time, 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 Reference Points
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.
GC-13
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, 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 to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom,
and (ii) 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 Performance, Payment and Other Bonds:
5.1.1 CONTRACTOR shall furnish a Performance
and a Payment Bond, each in an amount equal to
one hundred percent (100%) of the Contract Price
as security for the faithful performance and payment
of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in
effect at least until one (1) year after the final
payment and settlement with the CONTRACTOR
and as provided otherwise by Laws or Regulations
or by the Contract Documents. CONTRACTOR
shall also furnish, such other Bonds as are required
by the Special Conditions, if any. All Bonds shall be
in the form prescribed by the Contract Documents
except as provided otherwise by Laws or
Regulations, and shall be executed by such sureties
as are named in the current list of “Companies
Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and as Acceptable
Reinsuring Companies” as published in Circular 570
(amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's
authority to act.
5.1.2 If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in
any state where any part of the Project is located, or
it ceases to meet the requirements of paragraph
5.1.1, CONTRACTOR shall within ten (10) days
GC-14
thereafter substitute another Bond and surety, both
of which must be acceptable to OWNER.
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
cancellation, non-renewal, material change, or
reduction of coverage. 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 furnished 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
GC-15
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 be based on
terms commonly referred to in the insurance industry
as an occurrence coverage form (Claims made
policy forms are not acceptable.)
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 Compensation/Employer’s Liability:
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) - $6,000,000;
Bodily Injury & Property Damage - $5,000,000
Combined Single Limit/Per Occurrence;
Personal/Advertising Injury $5,000,000/occurrence;
Products/Completed Operations General
Aggregate - $6,000,000;
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.
GC-16
C. Commercial Automobile Liability (Owned,
Leased, Hired/Non-Owned):
Bodily Injury & Property 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 furnish 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
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 provide either property
insurance in the form of Builder’s Risk or installation
floater as appropriate for the work as required
herein.
5.6.2 Installation Floater: Contractor shall provide
and maintain installation floater insurance for
property under the care, custody, or control of
Contractor. The installation floater insurance shall
be a broad form or “all risk” policy providing
coverage for all materials, supplies, machinery,
fixtures, and equipment that will be incorporated into
the Work. Coverage under the Contractor’s
installation floater will include:
any loss to property while in transit,
any loss at the Site, and
any loss while in storage, both on-site and
off-site.
5.6.3 Coverage cannot be contingent on an external
cause or risk, or limited to property for which the
Contractor is legally liable. The Contractor will be
solely responsible for any deductible carried under
this coverage and claims on materials, supplies,
machinery, fixture, and equipment that will be
incorporated into the Work while in transit or in
storage. This policy will include a waiver of
subrogation applicable to Owner, Contractor,
Engineer, all Subcontractors, and the officers,
GC-17
directors, partners, employees, agents and other
consultants and subcontractors of any of them.
5.6.4.1 Builder’s Risk: Unless otherwise provided in
the Supplementary Conditions, Contractor shall
purchase and maintain builder’s risk insurance upon
the Work on a completed value basis, in the amount
of the full insurable replacement cost thereof
(subject to such deductible amounts as may be
provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance
shall:
5.6.4.2 be written on a builder’s risk “all risk” policy
form that shall at least include insurance for physical
loss or damage to the Work, temporary buildings,
falsework, and materials and equipment in transit,
and shall insure against at least the following perils
or causes of loss: fire; lightning; windstorm; riot; civil
commotion; terrorism; vehicle impact; aircraft;
smoke; theft; vandalism and malicious mischief;
mechanical breakdown, boiler explosion, and
artificially generated electric current; earthquake;
volcanic activity, and other earth movement; flood;
collapse; explosion; debris removal; demolition
occasioned by enforcement of Laws and
Regulations; water damage (other than that caused
by flood); and such other perils or causes of loss as
may be specifically required by the Supplementary
Conditions. If insurance against mechanical
breakdown, boiler explosion, and artificially
generated electric current; earthquake; volcanic
activity, and other earth movement; or flood, are not
commercially available under builder’s risk policies,
by endorsement or otherwise, such insurance may
be provided through other insurance policies
acceptable to Owner and Contractor.
5.6.4.3 cover, as insured property, at least the
following: (a) the Work and all materials, supplies,
machinery, apparatus, equipment, fixtures, and
other property of a similar nature that are to be
incorporated into or used in the preparation,
fabrication, construction, erection, or completion of
the Work, including Owner-furnished or assigned
property; (b) spare parts inventory required within
the scope of the Contract; and (c) temporary works
which are not intended to form part of the permanent
constructed Work but which are intended to provide
working access to the Site, or to the Work under
construction, or which are intended to provide
temporary support for the Work under construction,
including scaffolding, form work, fences, shoring,
falsework, and temporary structures.
cover expenses incurred in the repair or
replacement of any insured property (including but
not limited to fees and charges of engineers and
architects).
5.6.4.4 extend to cover damage or loss to insured
property while in temporary storage at the Site or in
a storage location outside the Site (but not including
property stored at the premises of a manufacturer or
Supplier).
5.6.4.5 extend to cover damage or loss to insured
property while in transit.
5.6.4.6 allow for partial occupation or use of the
Work by Owner, such that those portions of the Work
that are not yet occupied or used by Owner shall
remain covered by the builder’s risk insurance.
5.6.4.7 allow for the waiver of the insurer’s
subrogation rights, as set forth below.
5.6.4.8 provide primary coverage for all losses and
damages caused by the perils or causes of loss
covered.
5.6.4.9 not include a co-insurance clause.
5.6.4.10 include an exception for ensuing losses
from physical damage or loss with respect to any
defective workmanship, design, or materials
exclusions.
5.6.4.11 include performance/hot testing and start-
up.
5.6.4.12 be maintained in effect, subject to the
provisions herein regarding Substantial Completion
and partial occupancy or use of the Work by Owner,
until the Work is complete.
5.6.4.13 include for the benefit of Owner loss of
profits and soft cost coverage including, without
limitation, fixed expenses and debt service for a
minimum of 12 months with a maximum deductible
of 30 days, plus attorneys fees and engineering or
other consultants’ fees, if not otherwise covered;
5.6.4.14 include, in addition to the Contract Price
amount, the value of the following equipment and
materials to be installed by the Contractor but
furnished by the Owner or third parties:
None listed.
5.6.5 Notice of Cancellation or Change: All the
policies of insurance (and the certificates or other
evidence thereof) required to be purchased and
maintained in accordance with this Paragraph 6.05
will contain a provision or endorsement that the
GC-18
coverage afforded will not be canceled or materially
changed or renewal refused until at least 10 days
prior written notice has been given to the purchasing
policyholder. Within three days of receipt of any such
written notice, the purchasing policyholder shall
provide a copy of the notice to each other insured.
5.6.6 Deductibles: The purchaser of any required
builder’s risk or property insurance shall pay for
costs not covered because of the application of a
policy deductible.
5.7. Waiver of Rights.
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 out of, 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 loss with the insurers unless
one of the parties in interest shall object in writing
within fifteen (15) days after the occurrence of loss
to OWNER's exercise of this power. If such objection
be made, OWNER as fiduciary shall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If no
such agreement among the parties in interest is
reached, OWNER as fiduciary shall adjust and settle
the loss with the insurers and, if required in writing
by any party in interest, OWNER as fiduciary shall
give bond for the proper performance of such duties.
5.9 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 be
purchased and maintained by the other party in
accordance with Article 5 on the basis of non-
conformance with the Contract Documents, the
objecting party shall so notify the other party in
writing within 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
GC-19
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 furnish 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 Superintendence
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
GC-20
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 times
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 Services, Materials and Equipment
6.3.1 Unless otherwise specified in the Contract
Documents, CONTRACTOR shall furnish and
assume full responsibility for all materials,
equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary
facilities, temporary facilities and all other facilities
and incidentals necessary for the furnishing,
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 furnish
satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and
equipment. All materials and equipment shall be
applied, installed, connected, erected, used,
cleaned and conditioned in accordance with
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-Equal” 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-Equal”: 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 Items: 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.
GC-21
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 furnish
additional data about the proposed substitute.
6.5.1.2.8 CONTRACTOR's Expense: All data to be
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
furnish 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 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
6.6.1.CONTRACTOR 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
GC-22
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
organization shall 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.
6.6.5.1 OWNER or ENGINEER may furnish to any
such Subcontractor, Supplier, or other person or
organization, to the extent practicable, information
about amounts paid to CONTRACTOR in
accordance with CONTRACTOR's Applications for
Payment on 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 payment of any license fee
or royalty to others, the existence 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
GC-23
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 Bids, or, if there are no Bids, 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
6.9.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with 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 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.
GC-24
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 Amendments,
Change Orders, Work Change Directives, Field
Orders 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 be available to
ENGINEER for reference. Upon completion of the
Work, these record documents, Samples and Shop
Drawings will be delivered to ENGINEER for
OWNER.
6.13 Safety and Protection
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-6.15 Hazard Communication Programs
6.15.1 CONTRACTOR shall be responsible for
coordinating any exchange of material safety data
sheets or other hazard communication information
required to be made available to or exchanged
between or among employers at the site in
accordance with Laws or Regulations.
6.16 Emergencies
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.
GC-25
6.17 Shop 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 At 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
GC-26
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 Draw-
ings 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
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's 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.
ARTICLE 7
OTHER WORK
7.1 Related Work at Site
7.1.1 OWNER may perform other work related to the
Project at the site by OWNER’s own forces, or let
other direct contracts therefor which shall contain
General Conditions similar to these, or have other
work performed by utility owners. If the fact that such
other work is to be performed was not noted in the
Contract Documents, then:
7.1.1.1 written notice thereof will be given to
CONTRACTOR prior to starting any such other
work, and
7.1.1.2 CONTRACTOR may make a claim therefor
as provided in Article 12 if CONTRACTOR believes
that such performance will involve additional
expense to CONTRACTOR or requires additional
time and the parties are unable to agree as to the
amount or extent thereof.
7.1.2 CONTRACTOR shall afford each other
contractor who is a party to such a direct contract
and each utility owner (and OWNER, if OWNER is
performing the additional work with OWNER's
employees) proper and safe access to the site and
a reasonable opportunity for the introduction and
storage of materials and equipment and the
execution of such other work and shall properly
connect and coordinate the Work with theirs. Unless
otherwise provided in the Contract Documents,
GC-27
CONTRACTOR shall do all cutting, fitting and
patching of the Work that may be required to make
its several parts come together properly and
integrate with such other work. CONTRACTOR shall
not endanger any work of others by cutting,
excavating or otherwise altering their work and will
only cut or alter their work with the written consent of
ENGINEER and the others whose work will be
affected. The duties and responsibilities of
CONTRACTOR under this 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 be itemized; and
7.2.1.3 the extent of such authority and
responsibilities will be provided.
7.2.2 Unless otherwise provided in the Special
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
7.3.2 Should CONTRACTOR cause damage to the
Work or property of any separate contractor at the
site, or should any claim arising out of
CONTRACTOR's performance of the Work at the
site be made by any separate contractor against
CONTRACTOR, OWNER and ENGINEER, or any
other person, CONTRACTOR shall promptly
attempt to settle with such other contractor by
agreement, or to otherwise resolve the dispute.
CONTRACTOR shall, to the fullest extent permitted
by Laws and Regulations, indemnify and hold
OWNER and ENGINEER harmless from and
against all claims, damages, losses and expenses
(including, but not limited to, fees of engineers,
architects, attorneys and other professionals and
court costs) arising directly, indirectly or
consequentially out of any action, legal or equitable,
brought by any separate CONTRACTOR against
OWNER or ENGINEER to the extent based on a
claim arising out of CONTRACTOR's performance
of the Work. Should a separate contractor cause
damage to the Work or property of CONTRACTOR
or should the performance of Work by any separate
contractor at the site give rise to any other claim,
CONTRACTOR shall not institute any action, legal
or equitable, against OWNER or ENGINEER or
permit any action against any of them to be
maintained and continued in its name or for its
benefit in any court or before any arbiter which seeks
to impose liability on or to recover damages from
OWNER or ENGINEER on account of any such
damage or claim. If CONTRACTOR is delayed at
any time in performing or furnishing Work by any act
or neglect of a separate contractor, and OWNER
and CONTRACTOR are unable to agree as to the
extent of any adjustment in Contract Time
attributable thereto, CONTRACTOR may make a
claim for an extension of time in accordance with
Article 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
GC-28
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 Responsibilities
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 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. 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
ENGINEER'S STATUS DURING CONSTRUCTION
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 furnish a Resident Project Representative to
assist ENGINEER in providing more continuous
GC-29
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 preconstruction
conferences, progress meetings, job conferences
and other project-related meetings, and prepare and
circulate copies of minutes thereof;
9.3.2.3 Liaison:
9.3.2.3.1 Serve 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's
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 Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings
and Samples.
b. Receive Samples which are furnished at
the site by CONTRACTOR, and notify ENGINEER
of availability of Samples for examination.
c. Advise ENGINEER and CONTRACTOR of
the commencement of any 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
GC-30
conditions, list of job site visitors, daily activities,
decisions, observations in general, and specific
observations in more detail as in the case of
observing test procedures; and send copies to
ENGINEER.
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 safety precautions and
programs in connection with the Work.
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 Interpretations
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
GC-31
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 Shop 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 be final and binding
upon OWNER and CONTRACTOR, unless, 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
forum 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 party'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 a
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)
GC-32
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 Authority 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 ENGINEER shall,
create, impose or give rise to any duty owed by
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
GC-33
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:
11.1.1.1 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
furnished 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 furnished by
Subcontractors. If required by OWNER,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
ENGINEER, which bids, if any, will be accepted. If
any subcontract provides that the Subcontractor is
to be paid on the basis of Cost of the Work Plus a
fee, the Subcontractor's Cost of the Work and fee
shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as
provided in paragraphs 11.1.1, 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,
GC-34
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 11.1.3.
.
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:
11.1.3.1 a fixed fee of ten percent (10%); or
GC-35
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
11.1.1.1, 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 11.1.1.1 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%) 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 form
acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
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 Bids and determining an
initial Contract Price. Determinations of the actual
quantities and classifications of Unit Price Work
performed by CONTRACTOR will be made by
ENGINEER 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
GC-36
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 Change 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 11.1
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 Changes 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 be 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 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 12.1. Delays beyond the
control of CONTRACTOR shall include, but not be
GC-37
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, corrected 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 furnish 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
GC-38
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 Stop the Work
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
GC-39
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 be 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 Application
for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the
Application and accompanied by such supporting
documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the
Work but delivered and suitably stored at the site or
at another location agreed to in writing, the
Application for Payment shall also be accompanied
by a bill of sale, invoice or other documentation
warranting that OWNER has received the materials
and equipment free and clear of all Liens and
evidence that the materials and equipment are
covered by appropriate property insurance and other
arrangements to protect OWNER's interest therein,
all of which will be satisfactory to OWNER.
GC-40
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 be 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 furnish 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
GC-41
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
completion. If ENGINEER does not 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 (ii) 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
GC-42
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: (i)
all documentation called for in the Contract
Documents including but not limited to the evidence
of insurance required by subparagraph 5.4.13, (ii)
consent of the surety, if any, to final payment, and
(iii) 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
furnish receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts
include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills and other indebtedness
connected with the Work for which OWNER 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
GC-43
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.
ARTICLE 15
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;
GC-44
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 CONTRACTOR from the site and
take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the
same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR
for trespass or conversion),
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.
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
GC-45
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 be 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-46
C - 1
PART C
SPECIFICATIONS
FOREWORD
This PART includes the Specifications and is composed of Divisions with each Division further separated
into Sections. The first two digits of the five digit group Section number are Division designations.
Sections are divided into four parts. PART 4, entitled Special Provisions, has been added to some Sections
and includes special or additional requirements of the Owner or other agencies, special construction
requirements, and supplemental specifications. In cases of conflicting or overlapping provisions, those in
PART 4 shall take precedence.
C - 2
This page was intentionally left blank.
2022 Sewer Lining/451-7700 Section 01010 - 1 Definition of Contract Items
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 3 EXECUTION
None.
PART 4 SPECIAL PROVISIONS
4.01 CONTRACT ITEMS
A. The contract items are defined on the following pages.
Definition of Contract Items Section 01010 - 2 2022 Sewer Lining/451-7700
ITEM 1
MOBILIZATION, DEMOBILIZATION, AND ADMINISTRATION
1.01 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, bonds, administration costs, insurance,
permits, moving equipment in and out, utility connection costs, cleanup, submittals, etc.
B. All traffic control activities associated with the Work shall be covered in this item. Said
activities will include, but not be limited to, allocation of cones, barricades, and a flag
person.
C. Restoration of pavement, curbing, walks, or any other public or private property
damaged or destroyed during any part of the work shall be included as part of this item
and shall not constitute any additional cost to the Owner.
D. All costs associated with purchasing and transporting water from the water utility is
included in this Item.
E. This Item includes the cost of $1,620 for the electronic project management system as
specified in Section 01320.
1.02 PAYMENT
A. Item 1 shall be paid on a lump sum basis.
ITEM 2A THROUGH 2D
CIPP LINER FOR 6-INCH, 8-INCH, 10-INCH, & 12-INCH DIAMETER SEWERS
2.01 DESCRIPTION
A. These Items include furnishing and installing CIPP liner in sewers, generally as described
in Section 02766 and elsewhere.
B. These Items include sewer cleaning (up to three passes with a high-pressure hydro-
jetting system).
C. These Items includes pre-lining video inspection, post lining video inspection, and
archival video submittal.
D. These Items include any bypass pumping, dewatering, and/or plugging necessary to line
the sewers.
E. These Items include all other ancillary items necessary for complete and satisfactory
sewer.
2.02 NOT INCLUDED
A. This Item does not include lateral cutouts, which shall be paid on a per unit basis under
Item 5.
2.03 PAYMENT
A. The unit prices stated in the Bid for Item 2A shall be full compensation for each linear
foot of 6-inch sewer liner furnished and installed as specified.
2022 Sewer Lining/451-7700 Section 01010 - 3 Definition of Contract Items
B. The unit prices stated in the Bid for Item 2B shall be full compensation for each linear
foot of 8- inch sewer liner furnished and installed as specified.
C. The unit prices stated in the Bid for Item 2C shall be full compensation for each linear
foot of 10- inch sewer liner furnished and installed as specified.
D. The unit prices stated in the Bid for Item 2D shall be full compensation for each linear
foot of 12- inch sewer liner furnished and installed as specified.
ITEM 3
FLOW CHANNEL RECONSTRUCTION
3.01 DESCRIPTION
A. This item consists of rehabilitating the flow channels in sewer manholes, generally as described
in Section 02553 2.03, 3.08, and 4.01 and elsewhere.
B. This Items includes plugging, dewatering bypass pumping, cleaning, abrading, concrete
restoration, and everything else necessary complete manhole flow channel reconstruction.
3.02 MEASUREMENT
C. Item shall be for each manhole completed, as directed by the Owner’s representative in the
field.
3.03 PAYMENT
D. The unit prices stated for Bid Item 3 shall be full compensation for each flow channel
reconstruction.
ITEMS 4
REHABILITATION OF SEWER MANHOLE
4.01 DESCRIPTION
A. Under this Item the Contractor shall furnish and perform everything necessary for the
rehabilitation of sewer manholes, generally as specified in Section 02553 and elsewhere,
excepting flow channel reconstruction.
B. This includes cleaning, abrading, plugging, dewatering, bypass pumping, removal of protruding
obstructions, repair of defects, lining the manhole interior, testing, recording, and anything else
necessary for reconstruction and lining of sewer manholes.
4.02 NOT INCLUDED
A. This Item does not include reconstruction of the flow channel as it is included under Item 3.
4.03 MEASUREMENT
A. Item 4 shall be measured by vertical lineal foot of manhole rehabilitated and lined.
Definition of Contract Items Section 01010 - 4 2022 Sewer Lining/451-7700
4.04 PAYMENT
A. The unit prices stated in the Bid for Item 4 shall be full compensation for each Manhole
Rehabilitation as specified.
ITEM 5
LATERAL CUTOUTS
5.01 DESCRIPTION
A. Under these Items, the Contractor shall furnish and perform all Work necessary for lateral
cutouts, generally as specified in Section 02766-3.05 and elsewhere.
5.02 PAYMENT
A. The unit prices stated in the Bid for Item 5 shall be full compensation for each lateral cutout.
END OF SECTION
2022 Sewer Lining/451-7700 Section 01043 - 1 Coordination and Control of the Work
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.
Coordination and Control of the Work Section 01043 - 2 2022 Sewer Lining/451-7700
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.
2022 Sewer Lining/451-7700 Section 01043 - 3 Coordination and Control of the Work
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
Coordination and Control of the Work Section 01043 - 4 2022 Sewer Lining/451-7700
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 all work areas will require bypass pumping. The Contractor must
determine the flow rates and equipment necessary to bypass pump around each work
area.
B. 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
2022 Sewer Lining/451-7700 Section 01043 - 5 Coordination and Control of the Work
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 Sewer Lining/451-7700 Section 01090 - 1 Reference Standards
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
Association, Inc.
SSPC - Steel Structures Painting Council
Reference Standards Section 01090 - 2 2022 Sewer Lining/451-7700
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
2022 Sewer Lining/451-7700 Section 01300 - 1 Submittals
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:
1. 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.
Submittals Section 01300 - 2 2022 Sewer Lining/451-7700
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.
2.04 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:
1. 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.
11. 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.
2022 Sewer Lining/451-7700 Section 01300 - 3 Submittals
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, 1A, 1b, 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 1B).
3.02 DISTRIBUTION
A. Distribution of submittals shall be as follows unless otherwise directed in Part 4 or the
individual Sections:
1. 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
Submittals Section 01300 - 4 2022 Sewer Lining/451-7700
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
2022 Sewer Lining
451-7700
SECTION 01320
ELECTRONIC PROJECT MANAGEMENT SYSTEM (EPMS)
PART 1 GENERAL
1.01 SCOPE
A. This section describes the requirements for the Electronic Project Management System
(EPMS) which will be required on this project.
The EPMS shall be provided through eCommunication by Eastern Engineering, 866-884-
4115; www.easternengineering.com .
B. The Contractor shall be responsible for including the cost to the EPMS; the pricing shall
be ______$1,620_____________. The Contractor shall be responsible for paying the
cost as a onetime payment to Eastern Engineering within 30 days of the Notice to
Proceed and will be considered part of the project mobilization on the schedule of
values.
C. Engineer will implement an internet/web site based Electronic Project Management
System (EPMS) for the administration of the Contract on this project. Owner,
Contractors and Engineer shall be responsible to interface with EPMS and collaborating
via the EPMS on this project. The EPMS is intended to supplement the Contract
Documents and the provisions of the Contract Documents shall not be superseded by
the EPMS.
1. The EPMS is intended to provide a mode of communication which is electronic
and to reduce the reliance upon printed documents. Printed documents
transmitted will not be reviewed, and electronic documents emailed outside of
the EPMS will not be reviewed. The Owner, Contractor and Engineer will
collaborate on unique situations or circumstances in order to preserve the
project electronic records.
D. The Owner, Contractor and Engineer shall be required to provide project related
information/documents via EPMS. In general, the EPMS will receive information via
uploaded documents as PDF documents, in their native format (when permitted or
required), or other electronic formats designated or required for functionality. The
EPMS shall be a central repository for information to all project team members. The
EPMS will provide viewing, printing, up/downloading of various information/documents.
E. In general, the following is a partial list of information/documents which shall be tracked
through the EPMS:
1. Drawings, Specifications and Addendums (included revisions as necessary).
2. Insurance.
3. General Project Communication, Emails, Letters, Correspondence and
Collaboration or any other document any participant wishes to make part of the
project records.
4. Request for Information (RFI).
5. Submittals (Shop Drawings, Operation and maintenance manuals, color
selections etc.)
2022 Sewer Lining
451-7700
6. Work Change Directives, Change Request and Change Orders.
7. Schedule of Values, Pay Requests and Certified Payroll Reports.
8. Reports and Photos (daily, monthly, etc.).
9. Schedules (project, weekly and monthly).
10. Meeting Agendas and Minutes.
11. Permits and Special Inspections Reports.
12. Laboratory Services (testing and reporting).
13. Closeout procedures (deficiency list, warranty, substantial completion).
14. Record Drawings.
F. In an effort to protect proprietary information and prohibit unauthorized use or
modifications, levels of access security will be assigned in order to provide safe and
secure access to information with respects to involvement and responsibility on the
project. The Owner, Contractor and Engineer shall establish these levels of access and
rights which are appropriate for this project.
G. Owner, Contractor and Engineer shall utilize the mark-up tool integral within the EPMS
or have a PDF review software that includes the ability to mark up and apply electronic
stamps (such as Adobe Acrobat, or Bluebeam PDF Revu).
H. A high-speed internet connection is required.
I. The EPMS will provide notifications regarding new or updated documents through an
existing Email account outside of the EPMS.
PART 2 PRODUCTS
Not used.
PART 3 EXECUTION
3.01 CONTRACT REQUIREMENTS
A. All provisions of the Contract Documents are in full effect and enforcement. The
submittal procedures specified in the Contract Documents are applicable with the
understanding that they will be electronic documents and submitted via the EPMS.
3.02 PRINTING, REPRODUCTION AND DISTRIBUTION
A. The Engineer will not be responsible for printing reproduction or preparation of any
hard copy documents, or the cost of doing so.
B. Contractor shall produce printed copies of all submittals as required in Section 01300
and in the Contract Documents.
3.03 TRAINING
A. One training session by the Engineer and Eastern Engineering, Inc. will be provided to
the team members at the beginning of the EPMS implementation. Training will be
coordinated with the Preconstruction meeting and held at the same location. There are
many tutorials, help features and technical support options located on the Eastern
Engineering web site.
2022 Sewer Lining
451-7700
B. Engineer will provide project related support as needed within their ability to provide it.
Technical support will be available to all project team members from Eastern
Engineering, Inc.
3.04 OPERATION
A. Contractor and all Subcontractors shall maintain a Windows-based computer system
including high speed internet access and ability to create/mark-up documents using
Adobe Acrobat (pdf) and to scan documents.
B. Engineer will facilitate the implementation and overall operation of the EPMS with
Eastern Engineering. Eastern Engineering will provide and maintain the EPMS server and
will back up the information.
3.05 ARCHIVE PROJECT CLOSE OUT
A. All files on the EPMS web site will be archived at the end of the project. These archives
will be made available to the Owner, Contractors and Engineer for download over the
internet, at the end of the warranty period.
3.06 ELECTRONIC SUBMITTAL FILE NAMING CONVENTION
A. The Contractor shall utilize the following file name convention for PDF files submitted
through eComm:
1. Spec Section - Number of Submittal from Section - Number of Times Submitted.
a. Example: 02552-01-03.
2. The example represents the first submittal from Specification Section 02552 and
the third time this Submittal has been submitted.
PART 4 SPECIAL PROVISIONS
Not used.
END OF SECTION
2022 Sewer Lining/451-7700
Section 01350 - 1 Common Product Requirements
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:
1. 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.
1. 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.
1. 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.
Common Product Requirements Section 01350 - 2 2022 Lining/451-7700
F. 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
2022 Sewer Lining/451-7700
Section 01568 - 1 Pollution Control
SECTION 01568
POLLUTION CONTROL
PART 1 GENERAL
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. The Contractor is responsible for submitting final erosion control plan in accordance with
plan submitted to the state (see plans)
B. It shall be the responsibility of the Contractor to prevent or limit pollution of air and water
resulting from his operations.
C. 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.
D. Water containing suspended material from any part of the Contractor’s operations shall be
clarified before discharging to drains or streams.
E. No fill, topsoil, or heavy equipment shall be stored within 200-feet of a stream bank or
within the dripline of a treed area.
F. Excess soil that is stockpiled shall be removed or regraded within 15 days of the completion
of construction.
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.
Pollution Control Section 01568 - 2 2022 Sewer Lining/451-7700
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. A stabilization construction entrance shall be provided to reduce vehicle tracking of
sediment. 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.
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.
I. 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
2022 Sewer Lining/451-7700
Section 01568 - 3 Pollution Control
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.
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.
3.05 STREAM CROSSINGS
A. 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.
B. The width of stream banks disturbed in constructing a stream crossing shall be limited to
the width of the trenching machine.
C. 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.
D. 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
Pollution Control Section 01568 - 4 2022 Sewer Lining/451-7700
This page was intentionally left blank.
Video Recording of Underground Infrastructure
01820 - 1
SECTION 01820
VIDEO RECORDING OF UNDERGROUND INFRASTRUCTURE
PART 1 GENERAL
1.01 SCOPE
A. This Section includes the requirements for video documentation of underground
facilities.
B. The Contractor shall provide personnel, transportation, recording equipment, power,
and materials, to produce color video records of existing or new underground pipelines,
structures, designated service pipes and as directed.
C. The Contractor shall provide traffic control, flow control, by-pass pumping and cleaning
of underground pipelines, structures and designated service pipe in order to produce
video documents.
1.02 SCHEDULE OF WORK
A. Before proceeding with the Work, the video recording contractor shall consult with the
Engineer concerning the following:
1. Scheduling recording to precede construction.
B. The Owner will obtain permission for the recording crew to enter private property not
included in an easement. The Contractor shall coordinate access with Owner and adhere
to the schedule.
1.03 DEFINITIONS
A. Video recording shall include producing video records of the area within the
underground infrastructure as designated and as specified herein.
1.04 SUBMITTALS
A. Submittals shall be in accordance with the requirements of Section 01300 and shall
include:
1. Shop Drawings for Review:
a. Provide a minimum of three copies of the video.
PART 2 PRODUCTS
2.01 VIDEO RECORDING
A. Picture Quality - Video output from camera(s) shall be produced at a minimum of 720 by
480 resolution. Camera(s) shall also produce optimum color imagery properly
illuminated.
B. Displays - All video shall, by electronic means, display (visible on the playback viewer)
continuously and simultaneously generated transparent digital information which shall
Video Recording of Underground Infrastructure
01820 - 2
include the date and time of recording, as well as the corresponding planned station
numbers. The date information shall contain the month, day, and year. The time
information shall consist of hours, minutes, and seconds, separated by punctuation
marks. Below the stationing, periodic transparent alpha/numeric information shall
appear. The information shall consist of the name of the project, name of area covered,
direction of travel, viewing side, and any other pertinent data.
2.02 VIDEO OUTPUTTING
A. Video recording shall be a digital file format such as MPEG, MP3, MP4, Wave or WMV or
other current standard file formats as approved by Engineer.
B. The electronic file organization shall use the project manhole numbering with file names
including the station number, street names and manhole numbers with distances
measured from entry to exit manholes.
C. The electronic files shall be stored on a single solid-state memory device, such as an
external hard drive. The solid-state memory device shall have a USB for connection to a
computer. The memory volume on the storage device shall be adequate to store the
electronic video files in an unzipped capacity along with any associated or embedded
data files.
2.03 AUXILIARY LIGHTING
A. Auxiliary lighting shall be used wherever necessary to ensure clarity of picture.
PART 3 EXECUTION
3.01 PERSONNEL
A. The Work shall be performed by competent personnel with knowledge of the
procedures and methods to produce satisfactory records as specified herein.
3.02 PRODUCTION
A. Recorded Contents:
1. Video recordings shall be supported by appropriate visual coverage.
2. Readily recognizable objects shall be identified visually in such a manner that
they can be referenced to the planned stationing. Objects selected shall be at
intervals not exceeding 100 lineal feet and shall include all house leads/taps
identified by measured distance.
3. The recording shall include but not be limited to all inlets, culvert pipe ends,
house leads or taps and shall call attention to existing cracks or uneven areas, or
missing pipe.
B. Control of Picture Quality - The camera carrier shall travel at a low speed to ensure
against blur or distortion of the recorded pictures. A maximum rate of 30-feet per
minute is required.
C. Depth of flow in section being inspected shall be no greater than 25%.
Video Recording of Underground Infrastructure
01820 - 3
3.03 OWNER REVIEW
A. As the video recording work progresses, the Contractor shall deliver completed sections
to the Owner and Engineer. The Owner and Engineer shall review the recordings and
determine if they are acceptable for clarity and coverage. The recording may be rejected
if the picture is of poor quality (i.e., blurred, distorted, too light, too dark, improper
color), insufficient coverage, or does not meet specified requirements.
B. The area of rejected recording shall be rerecorded by the Contractor and reinserted in
the electronic file in the proper sequence.
PART 4 SPECIAL PROVISIONS
4.01 SEWER TELEVISION SCHEDULE
A. The following television inspections are required.
1. Preconstruction Inspection
a. Sewer Manholes programmed for Rehabilitation or Cone Removal.
b. Sewers programmed for Rehabilitation.
2. Post-Construction Inspection
a. Sewer Manholes programmed for Rehabilitation or Cone Removal.
b. Sewers programmed for Rehabilitation.
B. Final Acceptance of Sewer Rehabilitation shall be based on the Owner’s review of post-
construction video records.
4.02 WATER METER AND BACKFLOW PREVENTION
A. At no cost to the Contractor, the Owner shall provide, to the Contractor, a water meter
and backflow prevention device.
B. A security deposit is required to be paid to the Owner for the use of the backflow and
meter device.
C. The water meter and backflow device shall be used at all times when the Contractor
withdraws water from the Owner’s water system.
4.03 DISPOSAL OF DEBRIS
A. The Contractor shall be responsible for hauling and disposal of debris.
B. The Contractor shall bear the costs for any testing required to dispose of debris.
C. The Contractor shall notify the Owner of the spoil site(s) used for debris disposal.
4.04 PRIVATE PROPERTY
A. The Contractor shall coordinate with the Owner for Work on private property prior to
commencement of Work. The Owner has notified property owners of this project.
END OF SECTION
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 1
SECTION 02553
EPOXY LINER MANHOLE REHABILITATION
PART 1 GENERAL
1.01 SCOPE
A. Under this Section the Contractor shall furnish all labor, equipment, and materials
required to rehabilitate manholes and line them with a multi-layer
polyurethane/polyurea epoxy.
B. The Work includes, but is not limited to, bypass pumping, manhole cleaning, removal of
manhole steps and other obstructions, repairing deteriorated concrete and joints,
installation of the liner, testing, and inspection.
C. The liner shall be applied to each manhole bench, barrels, cone, chimney, riser rings,
and manhole frame. The flow channel shall not be lined.
D. The Contractor shall be responsible for all items incidental to and required for the Work.
1.02 SUBMITTALS
A. Submittals shall be in accordance with the requirements of Section 01300 and shall
include the following:
1. Shop Drawings:
a. Manufacturer’s recommendation for surface cleaning, scouring, and
repair including recommended materials and methods.
b. Manufacturer’s product literature for each product used.
c. Manufacturer’s instructions for handling and application of each
product used.
d. Technical Data sheet for each product used including Material Safety
Data Sheets (MSDS).
e. Manufacturer’s current certification of installing contactor.
f. Statement of 10-year warranty.
2. Information for the Record:
a. Results of required testing.
b. Report and photographic documentation of the prepared surface prior
to application of the liner including location and methods of any repairs.
c. Warranty commencement letter.
1.03 QUALITY ASSURANCE
A. All produces are to comply with applicable ASTM standards.
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 2
B. Upon request, the Contractor shall provide evidence of the following qualifications:
1. The Contractor’s onsite workers shall have successfully installed a minimum of
40 liners using the selected products.
2. The Contractor and workers onsite shall be certified or licensed by the
manufacturer as an approve installer of the selected products.
3. The Contractor’s onsite workers shall be trained in all aspects of the installation
of liners including leak and structural repairs, surface preparation, installation
and inspection.
4. Owner name, contact information, project name and number of liners installed.
1.04 DELIVERY AND STORAGE
A. All materials shall be transported, handled, and stored in accordance with their
manufacturer’s recommendations.
1.05 WARRANTY
A. The Contractor shall warranty the Work for 10-years against failure.
B. Failure is defined as any of the following:
1. Any delamination of the liner.
2. Failure of the liner to prevent corrosion of the lined concrete surfaces.
3. Failure of the liner to prevent groundwater infiltration through lined surfaces.
C. The Contractor shall remedy all failures occurring during the warranty period at no cost
to the Owner.
PART 2 PRODUCTS
2.01 PATCH MATERIAL
A. Materials use for repair and patching of the manhole should be per the recommendation
of the liner manufacturer to ensure compatibility.
2.02 EPOXY MANHOLE LINER
A. Contractor to provide a multi-component (layer) flexible-sealant liner to existing
manholes. The liner is intended to provide infiltration and corrosion protection.
B. The manhole sealant liner system shall consist of a spray-able, solvent free modified
polymer or VOC free two component polyurea pumped as a single component that
chemically and permanently fills voids in concrete and damaged bricks within the
manhole structure. The system should cause the existing manhole to become sealed
against the penetration of liquids from any direction and shall protect the precast
concrete from deterioration due to corrosive wastewater environments.
C. The manufacturer of the sealant liner shall provide the type of material and dosage for
the application. The sealant equipment provided by the manufacturer shall be
specifically designed for the actual dosage amount to apply the liner system.
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 3
D. The product shall be SpectraShield, manufactured by CCI Spectrum, Inc.; OBIC Products;
or an approved equal.
E. The total thickness of the liner system shall be a minimum of 500 mils.
F. The Polyurea Coating shall meet requirements as described in the table below:
Physical Properties Test Method Minimum Result
Hardness ASTM D-2240 D 48
Tensile Strength ASTM D-412 2550 PSI
Elongation ASTM D-412 269%
Tear Strength DIE-C and ASTM D-624 417 PLI
Taber Abrasion, mg loss CS17 NA 15 or 23 mg loss
Flexibility, 1/8” mandrel NA Pass
G. The Polyurea Foam shall meet requirements as described in the table below:
Physical Properties Test Method Minimum Result
Density ASTM D1622 4 – 10 lb/cuft
Compressive Strength ASTM D1621 90-150 psi
Closed Cell Content ASTM D1940 >94%
Water Absorption ASTM D2842 0.020 (gm/cc) or <0.03 lbs/sqft
Water Vapor Transmission ASTM E96 0.61 perms
Shear Strength ASTM C273 225-250psi
2.03 FLOW CHANNEL RECONSTRUCTION MATERIALS
A. Plugging material shall be Water Plug by Thoro System Products, Inc., IPA IPANEX-R and
Type 1 Portland cement, or approved equal.
B. Patching material shall be Thorite, Octocrete, or approved equal. A mixing water
admixture bonding agent shall be employed: Acryl 60, Octoblen, or approved equal.
PART 3 EXECUTION
3.01 SAFETY
A. The Contractor is solely responsible for the safety of its employees and subcontractors
while performing the work. The Contractor shall comply with applicable safety laws and
regulations.
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 4
3.02 MEASUREMENT AND VERIFICATION
A. Prior to starting work in each manhole, the Contractor shall examine and measure the
existing interior and notify the Engineer if the dimensions differ from those listed
herein. The Contractor shall immediately notify the Engineer of any conditions in the
existing manholes which could impede the Work.
3.03 MANHOLE PREPARATION
A. The Contractor shall provide reliable bypassing pumping around the manholes to be
rehabilitated. The pump and bypass piping shall be adequate capacity to handle the flow
from the upstream sewer.
B. The Contractor shall remove drop pipes, mounting hardware, steps, and appurtenances
that could obstruct the work.
1. Step shall be cut flush at the existing manhole wall with no burs or protruding
metal remaining. The Contractor shall take any necessary precautions to
prevent damage to the existing invert or bench of the manhole.
a. Manhole steps do not need to be replaced.
2. Drop pipes, any mounting hardware, or other appurtenances should be
reinstalled after lining as needed to restore the manhole to its previous
functionality.
C. The manufacturer of the liner shall provide recommendations for the methods and
materials of surface preparation and repair. Any material installed prior to the liner
must be compatible with the liner and be approved by the liner manufacturer.
1. At minimum, interior surfaces shall be cleaned and abraded to remove debris,
previous coatings, and unsound concrete, laitance, oil, grease, rust, scale, scum,
deposits, and other contaminants.
2. Surface preparation methods may include hydro-blasting, abrasive blasting,
grinding, detergent water cleaning to provide a surface compatible for
installation of the liner system per the liner manufacturer’s written instructions.
a. If hydro-blasting is utilized, prior to commencement of the cleaning the
contractor shall identify the anticipated pressure of hydro-blasting.
Contractor shall be prepared to make adjustment to the pressure of
hydro-blast, in the field, if inadequate cleaning occurs or adverse effects
result. In no event shall the pressure exceed 10,000 psi.
3. Contractor shall take care to not remove more structural material than is
necessary. Contractor shall notify the Engineer of any portion of the manhole
that is believed to be structurally unsound and coordinate with the Engineer to
reach a resolution.
4. Contractor shall remove debris and contaminates from the manhole as soon as
is practical. At no time shall debris or contaminates be permitted to enter the
sewer system or surface water.
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 5
a. Debris and contaminates shall be disposed of in accordance with laws,
regulations, and local ordinances.
a. Contactor may separate the solids and liquid contents from the cleaning
and non-hazardous liquids may be discharge into the sanitary sewer, in a
controlled rate, with Owner’s approval.
D. After surface cleaning, the Contractor shall inspect the manhole to identify leaks, cracks,
holes, exposed rebar, manhole frame and casting condition, connecting pipe condition,
and flow channel/bench condition. Contractor shall report to the Engineer areas of the
structure that are unsound or could be unsuitable for lining. The Owner and Engineer
shall be provided safe access to the structure for visual observation of the surface.
1. Contractor shall allow the surface to dry prior to inspection for leaks and
application of coating.
a. Drying of the surface may be accelerated by ventilation of the structure
using compressed air or force air.
b. Heating of the interior of the structure shall be by electric heat.
Manufacturer’s approval shall be obtained prior to introduction of heat.
E. The joint between pipes and castings shall be cleaned and resealed if they are
deteriorated.
F. The Contractor shall repair all leaks and defects in accordance with the liner
manufacturer’s recommendations and best practices.
G. Contractor shall submit to the Engineer a written report and photographic
documentation of the prepared surface prior to application of the liner. The
documentation shall include, as a minimum, those areas repaired and what type of
repair was performed.
H. Exposed rebar, defective pipe penetrations or inverts, etc. shall be repaired utilizing
non-shrink grout or approved alternative method.
3.04 LINER INSTALLATION
A. The epoxy liner shall be applied to each manhole bench, barrels, cone, chimney, riser
rings, and manhole frame. The flow channel shall not be lined.
B. Application procedures shall conform in every way to recommendations of the
manufacturer, including, but not limited to, material handling, mixing ratios and
methods, environmental controls during application, application thickness, and safety
equipment.
C. Equipment for installation of lining materials shall be of the highest quality.
D. The Contractor shall provide reliable bypassing pumping around the manholes to be
rehabilitated. The pump and bypass piping shall be adequate capacity to handle the flow
from the upstream sewer.
E. The Contractor shall be solely responsible for providing traffic control where applicable.
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 6
F. Once the structure is taken out of service, the Contractor shall prosecute the work as
efficiently as possible. Any delay to the completion shall be immediately called to the
Owner and Engineers’ attention.
G. The liner shall be free of pinholes, voids, air pockets, or defects of any kind that will
compromise the integrity.
H. Any defects in the liner shall be repaired per the manufacturer’s recommendation at no
additional cost to the Owner.
1. Provide final written report to Owner/Engineer detailing the location, date of
report, and description of repair.
I. Existing piping, valves, equipment and surfaces that are not intended to be coated shall
be wrapped in plastic or protected from overspray, drifting, or inadvertent spraying.
Pipe ends and openings shall be plugged to prevent overspray, drifting or inadvertence
spray of their interior.
J. The liner shall be bonded to the liners of adjacent pipes or manhole structures where
applicable. If the sewers into and out of the manhole are to be lined, then the sewers
shall be lined before the liner is applied inside the manhole(s).
3.05 INSPECTION
A. Visual inspection shall be made by the Owner and or Engineer. Noted deficiencies in the
finished liner system shall be identified for repairs.
B. The Owner and Engineer shall review the need for repairs with the Contractor and
manufacturer (if necessary).
3.02 TESTING
A. Each manhole shall be tested in accordance with ASTM C1244 ‘Standard Test Method
for Concrete Sewer Manholes by the Negative Air Pressure (Vacuum) Test.
B. All pipes entering the manhole shall be plugged and braced to prevent being drawn into
the manhole.
C. Testing shall be by drawing a vacuum on the manhole using equipment specifically
designed for such testing. A test head with necessary gauges and connections shall be
placed at the inside of the top of the cone section and sealed in accordance with the
manufacturer’s instructions. A vacuum of 10 inches of mercury shall then be drawn and
the vacuum pump shut off. With valves closed, the time shall be measured for the
vacuum to drop to 9 inches. The test shall be successful if the time measured is greater
than the required time based on the following chart:
Diameter (in)
48 60 72 84 96
Depth (ft.)Time (sec.)
<4 10 13 16 20 23
6 15 20 25 29 34
8 20 26 33 39 45
10 25 33 41 48 56
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 7
Diameter (in)
48 60 72 84 96
Depth (ft.)Time (sec.)
12 30 39 49 58 67
14 35 46 57 67 78
16 40 52 67 77 89
18 45 59 73 86 100
20 50 65 81 96 111
22 55 72 89 105 122
24 59 78 97 115 133
26 64 85 105 124 144
28 69 91 113 134 155
30 74 98 121 143 166
D. If the test is unsuccessful, necessary repairs shall be made and retesting shall proceed
until a satisfactory test is obtained.
E. If a manhole is constructed of different diameters, the largest diameter shall be used to
determine the time required for testing.
3.06 REPAIRS
A. All repairs to address defects shall be made by the Contractor according to the
procedures set forth by Manufacturer.
3.07 FINAL ACCEPTANCE
F. Final liner system shall be completely free of pinholes or voids. Entire exposed manhole
surface shall be protected with the system.
3.08 FLOW CHANNEL RECONSTRUCTION
A. All surfaces to be repaired shall be sandblasted, bush hammered, or water blasted to
remove loose material, old coatings, and other foreign materials to give a good base for
the repair products being applied.
B. The manufacturer’s written instructions shall be strictly followed for surface preparation
and application for each product.
C. All visible points of infiltration shall be filled and plugged with water plug.
D. Patching and plugging materials shall be applied to all damaged or spalled surfaces as
required to build up all surfaces to the original configuration.
E. Joints between ferrous and cementitious materials shall be cleaned to structurally
sound, dry base. Bond breaker shall be used between asphaltic materials and sealant.
Joints shall be filled so that the sealant adheres to both surfaces.
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 8
PART 4 SPECIAL PROVISIONS
4.01 FLOW CHANNEL RECONSTRUCTION SCHEDULE
A. Flow channel reconstruction should be as directed by the Owner’s representative in the
field based on the observed condition of manholes.
4.02 MANHOLE LINER SCHEDULE
B. A schedule of the manholes to be lined is provided in the following table. The location of
each manhole can be seen on the subsequent ten maps. Locations can also be observed
on the publicly accessible City of Carmel GIS website at the following address:
https://carmelgis.carmel.in.gov/maps/apps/webappviewer/index.html?id=1fa7c84acd0f45d586
bea31509e1a48d
SUBDIVISION SMH DEPTH DIAMETER LOCATION
Village of Mt Carmel SMH-5-23 5.5'48"457 Dream Ct
Village of Mt Carmel SMH-5-27 9'48"432 Haldale Dr
Village of Mt Carmel SMH-5-61 5.5'48"13897 N Nansemond Ct
Trails at Avian Glen SMH-22-11 11'48"5762 Meadowlark Pl
Trails at Avian Glen SMH-22-30 10.8'48"Killdeer Pl
St Vincent Hospital SMH-35-44 11'48"13500 Meridian St N
N/A Gramercy Appt SMH-41-5 9.25'48"945 Mohawk Hills Dr
N/A Merchants Square SMH-42-46 5.08'48"1122 Keystone Way
N/A Merchants Square SMH-44-4 13.4'48"1235 Keystone Way
N/A Merchants Square SMH-44-122 8.15'48"622 Station Dr
Fairgreen Trace SMH-43-26 13'48"1408 S Rangeline Rd
N/A SMH-43-6 8'48"1430 S Rangeline Rd
N/A Medical Dr SMH-44-60 11.45'48"154 Medical Dr
N/A Medical Dr SMH-44-62 14'48"1445 Medical Dr
N/A SMH-44-123 9'48"1708 E 116th St
N/A SMH-44-55 7'48"1708 E 116th St
N/A SMH-44-54 2.5'48"1701 E 116th St
The Woodlands SMH-54-65 12.9'48"11028 Lakeview Dr
N/A SMH-23-46 10’ 5’48”13299 Mohican Ct
C. Note that manholes SMH-44-55 and SMH-44-54 are located in an area with currently
active road construction. The Contractor shall coordinate with the road contractor to
complete the Work, if required.
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 9
Manholes shown in Figure 1 removed from scope via Addendum 3.
Figure 1 Location of Manholes SMH-5-23, SMH-5-27, SMH-5-61.
Figure 2 Location of Manholes SMH-22-11 and SMH-22-30
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 10
Manhole shown in Figure 3 removed from scope via Addendum 3.
Figure 3 Location of Manholes SMH-22-11, SMH-22-30, and SMH-35-44
Figure 4 Location of Manhole SMH-41-5
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 11
Manhole shown in Figure 5 removed from scope via Addendum 3.
Figure 5 Location of Manhole SMH-42-46
Figure 6 Location of SMH-44-4, SMH-44-122
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 12
Figure 7 Location of Manholes SMH-43-26 and SMH-43-6
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 13
Manholes SMH-44-60 and SMH-44-123 removed from scope via Addendum 3.
Figure 8 Location of Manholes SMH-44-60, SMH-44-62, SMH-44-123, SMH-44-55, and SMH-44-54
SHM-44-123
451-7700.001 City of Carmel, Indiana
2022 2022 Sewer Lining
Epoxy Liner Manhole Rehabilitation
02553 - 14
Manhole shown in Figure 5 removed from scope via Addendum 3.
Figure 9 Location of Manhole SMH-54-65
Figure 10 Location of Manhole SMH-23-46
END OF SECTION
SHM-23-46
2022 Sewer Lining 451-7700 Section 02766 - 1 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 reestabl ish
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 and post lining video inspection.
c. Bypass pumping plan.
d. Traffic control procedures and plan.
e. 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.
f. Cleaning procedures including the water pressure.
g. Installation procedures and sequence of cleaning and installation
operation.
h. Qualifications of installing contractors, including experience and
references.
i. Manufacturer’s current certification of installing contactor.
j. 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.
Sewer Lining Section 02766 - 2 2022 Sewer Lining 451-7700
C. The installing contractor shall be responsible for the liner system, including but not limited
to, preparation, installation, and inspection of system.
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:
1. 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 C).
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.
1. 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 1 millimeter deep and are covered with sufficient
resin to avoid exposure to the inner fabric.
2022 Sewer Lining 451-7700 Section 02766 - 3 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 “n” coefficient of 0.010 for a joint-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 serv ice 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:
Soil Loading 120 pcf, w/2.0 factor of safety
Ovality 2 %
Deflection 5 %, maximum
Modulus of Soil Reaction 1,000 psi
Flexural Strength 4,500 psi
Tensile Strength 3,000 psi
Lining Enhancement Factor (K) 7 maximum
Live Loads H-20
Modulus Reduction Factor (Long-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
Engineer 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:
1. ASTM F1216
2. ASTM F1743
3. ASTM D5813
4. For horizontal, elliptical pipes and pipes with ovality greater than 2%, use Water
Research Center (WRc) and Sewage Rehabilitation Manual (SRM) for design.
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.
Sewer Lining Section 02766 - 4 2022 Sewer Lining 451-7700
F. The cured polyester impregnated liner shall meet the following minimum strength
requirements.
Property Test Method Value
Tensile Strength at Yield 20 degrees C: ASTM D 638 3,000 psi
Ultimate Elongation at Yield: ASTM D 638 2 %
Flexural Strength: ASTM D 790 4,500 psi
Flexural Modulus: ASTM D 790 250,000 psi (short term)
Hardness: ASTM D 2583 Barcol 22
Heat Distortion Temperature: ASTM D 648 70 degrees 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 Unit Value Test Method
Shore A Hardness point 50 +/- 5 ASTMD2240
Tensile Strength psi 177 ASTMD412
Elongation at Break % 523 ASTMD412
Specific Gravity 1.2 ASTMD297
Swell Capacity in
Water Contact
% 200 GRCSC
2022 Sewer Lining 451-7700 Section 02766 - 5 Sewer Lining
E. The hydrophilic seals shall be Insignia™ Connection Hat, Insignia™ 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.
B. Contractor shall be responsible for coordinating the manhole coating system with the liner
system.
C. Contractor shall be responsible for coordinating with the Owner the notification of the
residents in the location of the lining. This includes, but is not limited to, preparing the
written notice, delivering notices and addressing any concerns raised.
D. The contractor shall be solely responsible for traffic control where required to complete the
Work.
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. The
TV inspection shall include an inspection of each lateral for a minimum distance of 50-ft.
from the mainline in an effort to determine if the lateral is defective beyond the length of
the lateral connection liner.
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.
1. 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.
F. The lateral inspection camera shall be capable of color closed circuit TV recording and be
launched from the mainline camera.
G. 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.
Sewer Lining Section 02766 - 6 2022 Sewer Lining 451-7700
H. Active leaks of ground water into the pipe shall be sealed to prevent the development of
heat sinks while the liner is being cured.
I. 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.
J. 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
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 compe nsation 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. After the liner, has been cured and tested, all existing services shall be reconnected,
unless directed otherwise by the Owner.
B. Reconnection of services shall be done from the interior of the pipeline unless
otherwise specified, by means of a television camera directed device. Location of the
services shall be from the inspection done prior to the liner installation.
C. The finished CIPP shall be smooth with minimal wrinkling. The CIPP shall be free of
dry spots, lifts, and delaminated portions.
2022 Sewer Lining 451-7700 Section 02766 - 7 Sewer Lining
D. The CIPP shall taper at each end providing a smooth transition for accommo dating
video equipment and maintaining proper flow in the mainline.
E. Prior to installing the service lateral product the area around the lateral sealing surface in
both the main and lateral shall be inspected. Waste product build-up, hard scale, roots,
lateral cutting debris or resin slugs must be removed using high pressure water jetting or
in-line cutters.
F. Break-in connection (hammer taps) and /or lateral pipe protruding into the mains shall be
ground back to the mainline.
G. Built-up deposits on the main and lateral pipe walls shall be removed. The removal shall
reach at least one foot beyond the service lateral product to allow the bladder (liner) to
inflate tightly against the pipe walls ensuring a smooth transition from service lateral
product to the existing pipe wall.
H. In relined sewer main pipes the lateral must be opened 95 percent or more and edges
finished without "teeth". Over-cuts shall not exceed one inch beyond the internal diameter
of the lateral.
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
1. For Full Line segment reconstruction, M.H. To M.H.
a. The installation shall be done in accordance with ASTM F1216 and F1743
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.
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
Sewer Lining Section 02766 - 8 2022 Sewer Lining 451-7700
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 shall 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 term 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.
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.
2022 Sewer Lining 451-7700 Section 02766 - 9 Sewer Lining
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 five years from the date of final acceptance of the final video tapes of the
rehabilitated sewers.
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. Reinstate laterals
4. 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. A schedule of mains to be lined is provided in the following tables. Maps of the mains are
provided as the subsequent figures. Mains to be lined are generally shown as light-blue.
Segment
Upstream
MH
Downstream
MH Material Size Feet Address Easement
GSM13097 SMH-4-34 SMH-4-32 VCP 8 342 14340 Oak Ridge Rd YES
GSM3922 SMH-4-71 SMH-4-69 VCP 8 365 9 Angela Ln NO
GSM2629 SMH-15-18 SMH-15-33 VCP 10 320 797 Johnson Dr NO
GSM2630 SMH-15-33 SMH-15-25 VCP 10 231 745 Johnson Dr NO
GSM2631 SMH-15-25 SMH-15-26 VCP 10 257 715 Johnson Dr NO
GSM2632 SMH-15-26 SMH-15-27 VCP 10 326 674 Johnson Dr NO
GSM2633 SMH-15-27 SMH-15-118 VCP 10 117 618 Johnson Dr NO
GSM1884 SMH-19-17 SMH-19-9 VCP 10 347 98 Hawthrne Dr NO
GSM20545B SMH-21-106 SMH-21-16 VCP 8 245 Limberlost Dr NO
GSM1614 SMH-31-54 SMH-31-44 RPM 8 214 12982 Wembly Ct NO
GSM1501 SMH-32-96 SMH-32-92 VCP 8 197 1620 Cool Creek Dr YES
GSM1513 SMH-32-87 SMH-32-27 VCP 8 324 1325 Cool Creek Dr NO
GSM1469 SMH-32-99 SMH-32-101 VCP 8 478 1417 Lawrence Rd NO
GSM1505 SMH-32-114 SMH-32-115 RPM 8 385 12626 Royce Ct NO
GSM1483 SMH-32-86 SMH-32-30 VCP 10 99 1320 Cool Creek Dr YES
GSM1763 SMH-33-49 SMH-33-48 VCP 8 316 636 Willowick Rd NO
GSM8081 CO-37-002 SMH-37-30 VCP 6 418 133 3RD ST NE NO
GSM1258 SMH-40-100 SMH-40-92 VCP 12 358 23 Wilson Dr NO
GSM1253 SMH-40-105 SMH-40-104 VCP 12 290 4 Wilson Dr NO
GSM587 SMH-42-4 SMH-42-5 VCP 8 275 1013 Auman DR W NO
GSM13192 SMH-46-58 SMH-46-57 RPM 8 338 3709 E 126th St YES
GSM833 SMH-47-33 SMH-47-38 VCP 8 186 11717 Eden Glen Dr YES
Continued next page.
Sewer Lining Section 02766 - 10 2022 Sewer Lining 451-7700
Continued from previous page.
Segment Upstream
MH
Downstream
MH Material Size Feet Address Easement
GSM834 SMH-47-38 SMH-47-87 VCP 8 108 11715 Eden Glen Dr YES
GSM837 SMH-47-39 SMH-47-84 VCP 8 179 3526 Eden Pl NO
GSM912 SMH-48-10 SMH-48-9 VCP 8 385 12026 Castle Row Ovlk YES
GSM2265 SMH-48-40 SMH-48-5 VCP/DUCT 8 150 Golf Course YES
GSM2271 SMH-48-39 SMH-48-40 VCP 8 230 Golf Course YES
GSM947 SMH-48-148 SMH-48-147 VCP 8 400 12511 Brookshire Pkwy NO
GSM964 SMH-48-135 SMH-48-136 VCP 8 289 12123 Castle Row Ovlk NO
GSM950 SMH-48-145 SMH-48-144 VCP 8 341 12319 Brookshire Pkwy NO
GSM1005 SMH-48-1 SMH-48-2 VCP 10 322 4618 Brookshire Pkwy NO
GSM364 SMH-54-93 SMH-54-76 VCP 8 347 11211 Rolling Springs NO
GSM2856 SMH-54-62 SMH-54-48 VCP 8 352 10825 Songbird Ln NO
GSM2859 SMH-54-63 SMH-54-47 VCP 8 392 10911 Songbird Ln NO
GSM2857 SMH-54-58 SMH-54-57 VCP 8 246 3 Hensel Ct NO
GSM343 SMH-54-91 SMH-54-83 VCP 8 243 11304 Lakeshore W NO
GSM2860 SMH-54-47 SMH-54-45 VCP 8 160 10919 Songbird Ln NO
GSM2864 SMH-54-46 SMH-54-45 VCP 8 197 Songbird Ct NO
GSM2875 SMH-54-38 SMH-54-39 VCP 10 399 3111 Whispering Trl NO
GSM2865 SMH-54-48 SMH-54-56 VCP 12 246 11 Hensel Ct NO
GSM63 SMH-55-11 SMH-55-10 VCP 8 291 3717 E 116TH YES
GSM5696 SMH-55-66 SMH-55-63 RPM 8 184 3611 Emily Way NO
GSM68 SMH-55-46 SMH-55-45 VCP 8 193 11504 Dona Dr NO
GSM2904 SMH-55-41 SMH-55-42 VCP 8 212 24 Rolling Springs Ct NO
GSM2894 SMH-55-22 SMH-55-21 VCP 10 296 3525 Rolling Springs Dr NO
GSM2896 SMH-55-20 SMH-55-65 VCP 10 309 3709 Rolling Springs Dr NO
GSM6178 SMH-55-65 SMH-55-19 VCP 10 270 3721 Rolling Springs Dr NO
GSM2895 SMH-55-21 SMH-55-20 VCP 10 246 3611 Rolling Springs Dr NO
GSM2893 SMH-55-23 SMH-55-22 VCP 10 296 11031 Lakeshore E NO
GSM13754 SMH-56-1 SMH-56-31 VCP 8 349 11215 Haverstick Rd NO
GSM420 SMH-57-39 SMH-57-17 VCP 8 152 43 Stratford Pl NO
GSM3397 SMH-61-79 SMH-61-80 VCP 8 156 3413 Briar Cir YES
GSM13703 SMH-61-78 SMH-61-33 VCP 8 390 10417 Lasalle Rd YES
GSM13738 SMH-61-49 SMH-61-3 VCP 8 256 10359 Briar Creek Pl YES
GSM13739 SMH-61-3 SMH-61-28 VCP 8 283 10317 Briar Creek Pl YES
GSM13709 SMH-61-2 SMH-61-80 VCP 8 332 10414 Lakeshore E YES
GSM13708 SMH-61-80 SMH-61-49 VCP 8 162 10373 Briar Creek Pl YES
2022 Sewer Lining 451-7700 Section 02766 - 11 Sewer Lining
Many figures previously depicting sewer segments that were removed from the scope of work via
Addendum 3 have been deleted.
Figure 1 Location Map for Main Lining.
Figure 2 Location Map for Main Lining.
Figure 3 Location Map for Main Lining.
Figure 4 Location Map for Main Lining.
Sewer Lining Section 02766 - 12 2022 Sewer Lining 451-7700
Figure 5 Location Map for Main Lining.
Figure 6 Location Map for Main Lining.
2022 Sewer Lining 451-7700 Section 02766 - 13 Sewer Lining
Figure 7 Location Map for Main Lining.
Figure 8 Location Map for Main Lining.
Sewer Lining Section 02766 - 14 2022 Sewer Lining 451-7700
Figure 9 Location Map for Main Lining.
Figure 10 Location Map for Main Lining.
Figure 11 Location Map for Main Lining.
Figure 12 Location Map for Main Lining.
Figure 13 Location Map for Main Lining.
Figure 14 Location Map for Main Lining.
Figure 15 Location Map for Main Lining.
Figure 16 Location Map for Main Lining.
Figure 17 Location Map for Main Lining.
2022 Sewer Lining 451-7700 Section 02766 - 15 Sewer Lining
Figure 18 Location Map for Main Lining.
END OF SECTION
2022 Sewer Lining/451-7700 Section 02800 - 1 Sodding, Seeding, and Mulching
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.
Sodding, Seeding, and Mulching Section 02800 - 2 2022 Sewer Lining/451-7700
2.05 MATTING MATERIAL
A. Matting material shall be in conformance with the requirements of INDOT Items 914.05
(a)3 or 5.
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.
2022 Sewer Lining/451-7700 Section 02800 - 3 Sodding, Seeding, and Mulching
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:
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 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
RESOLUTION NO. BPW 10-05-22-05
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter
into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe
City; and
WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard,
has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public
for review.
SO RESOLVED this day of , 2022.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge Agreement Sincerus Inc.docx9/27/20229:37AM
5th October
Sincerus, Inc.
Department of Community Relations - 2022
Appropriation #1206 101 43-509.00 Fund; P.O. #s 105662, 106769
Contract Not To Exceed $11,490.00
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information relating
thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to
City sufficient written warning and notice (including appropriate labels on containers and packing) of any
hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c)
fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not
correct such failure or breach within five (5) business days (or such shorter period of time as is commercially
reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d)
becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or
dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate
all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies
available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for
any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The
coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its
insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon
request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled
without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against
any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for
injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision
of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees,
and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers,
employees, contractors or subcontractors in the performance of this Agreement. These indemnification
obligations shall survive the termination of this Agreement.
S:\\Contracts\\Departments\\Community Relations\\2022\\Sincerus, Inc. Goods and Services.docx:9/7/2022 1:50 PM\]
2
Sincerus, Inc.
Department of Community Relations - 2022
Appropriation #1206 101 43-509.00 Fund; P.O. #s 105662, 106769
Contract Not To Exceed $11,490.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility
status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein
as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly
employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation
indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract
for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-
Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana
E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,
terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-
Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not affect
the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of
a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor
under or pursuant to this Agreement
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except
S:\\Contracts\\Departments\\Community Relations\\2022\\Sincerus, Inc. Goods and Services.docx:9/7/2022 1:50 PM\]
3
Sincerus, Inc.
Department of Community Relations - 2022
Appropriation #1206 101 43-509.00 Fund; P.O. #s 105662, 106769
Contract Not To Exceed $11,490.00
for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive
their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if itis in writing and is delivered by postage prepaid
U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein:
If to City: City of Carmel AND City of Carmel
Department of Community Services Office of Corporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Sincerus, Inc.
nd6800E32 Street
Indianapolis, Indiana 46226
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the
date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor,
immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or
if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided
hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount representing conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services delivered as of the date of termination, except that such
payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the
parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
S:\\Contracts\\Departments\\Community Relations\\2022\\Sincerus, Inc. Goods and Services.docx:9/7/2022 1:50 PM\]
4
Sincerus, Inc.
Department of Community Relations - 2022
Appropriation #1206 101 43-509.00 Fund; P.O. #s 105662, 106769
Contract Not To Exceed $11,490.00
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor
of such additional goods and services desired, as well as the time frame in which same are to be provided.
Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and
services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide
such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of
the City’s authorization documents for the purchase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2022 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
S:\\Contracts\\Departments\\Community Relations\\2022\\Sincerus, Inc. Goods and Services.docx:9/7/2022 1:50 PM\]
5
Exhibit A
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
City ®f Carme
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO.003120155 002 0
Page 1 of 1
PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 105662
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P
CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
10/27/2021 376108
SINCERUS INC Street Department
VENDOR 6800 E 32ND STREET SHIP 3400 W. 131st Street
TO
Carmel, IN 46074-
INDIANAPOLIS, IN 46226 - 317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT
60559
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1206
Account: 43-509.00
1 Each
Send Invoice To:
Street Department
Fund: 101 General Fund
Repatina Sculpture Repairs 10,420.00 $10,420.00
Sub Total $10,420.00
3400 W. 131 st Street
Carmel, IN 46074-
317) 733-2001 PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $10,420.00
SHIPPING INSTRUCTIONS
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194—
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Lee Higginbotham James Crider
TITLE Commissioner Director of Administration
CONTROL NO. 105662 CONTROLLER
City®f Carme
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
ONE CIVIC SQUARE 35-6000972
CARMEL, INDIANA 46032-2584
ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
HASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO.
8/31 /2022 376108
SINCERUS INC
VENDOR 6800 E 32ND STREET
Page 1 of 1
PURCHASE ORDER NUMBER
106769
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
DESCRIPTION
Street Department
SHIP 3400 W. 131 st Street
TO
Carmel, IN 46074-
INDIANAPOLIS, IN 46226 - (317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT
68567
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1206 Fund: 101 General Fund
Account: 43-509.00
1 Each Repatina Sculpture Repairs $1,070.00 $1,070.00
Sub Total $1,070.00
Send Invoice To:
Street Department
3400 W. 131 st Street.
Carmel, IN 46074-k
317) 733-2001 PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $1,070.00
SHIPPING INSTRUCTIONS
Alp VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 X
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Lee Higginbotham
TITLE Commissioner
CONTROL NO. 106769 CONTROLLER
CLERK 9-28-22
BPW 10-5-22
REVIEWED/APPROVED VIA EMAIL
CFD HEAVNER 9-23-22
CPD HORNER 9-23-22
CRED HECK 9-26-22
ACKNOWLEDGEMENT OF
MAYOR'S APPROVAL 9-26-22
EVENT PRIOR TO BPW
MEETING
CLERK 9-28-22
BPW 10-5-22
REVIEWED/APPROVED VIA EMAIL
CFD HEAVNER 9-21-22
CPD HORNER 9-21-22
CRED HECK 9-26-22
ACKNOWLEDGEMENT OF MAYOR'S
APPROVAL 9-26-22
EVENT OCCURS BEFORE
10-5-22 BPW
CLERK 9-28-22
BPW 10-5-22
REVIEWED APPROVED VIA EMAIL
CPD HORNER 9-23-22
CFD HEAVNER 9-23-22
CRED HECK 9-26-22
ACKNOWLEDGEMENT OF
MAYOR'S APPROVAL 9-26-22
EVENT PRIOR TO 10-5-22 BPW
CLERK 9-28-22
BPW 10-5-22
REVIEWED/APPROVED VIA EMAIL
CPD HORNER 9-23-22
CFD HEAVNER 9-23-22
CRED BREWER 9-22-22
CLERK 9-28-22
BPW 10-5-22
REVIEWED/APPROVED VIA EMAIL
CPD HORNER 9-23-22
CFD HEAVNER 9-23-22
CRED BREWER 9-22-22
--------------------------------------------------------------------------------------------------------------------------------------------- Parking spots on Veterans Way and the
alley next to CAT Theater. See map attached.
--------------
-----------------
TIMES NEEDED FOR RESERVED PARKING
FRIDAY, 12/2 - 8 AM - 9 PM
SATURDAY, 12/3 - 8 AM - 5 PM
Early morning before spots are filled up.
CLERK 9-28-22
BPW 10-5-22
(REQUESTING 8 SPOTS IN ALLEY)
REVIEWED/APPROVED VIA EMAIL
CPD HORNER 9-21-22
CFD HEAVNER 9-21-22
CRED BREWER 9-22-22
-------------------------------
CLERK 9-28-22
BPW 10-5-22
REVIEWED/APPROVED VIA EMAIL
CPD HORNER 9-21-22
CFD HEAVNER 9-21-22
CRED BREWER 9-22-22
CLERK 9-28-22
BPW 10-5-22
REVIEWED/APPROVED VIA EMAIL
CFD HEAVNER 9-27-22
CPD HORNER 9-26-22
CRED HECK 9-26-22
-----------------------------------------------------------------------------------------(emailed Ken Tucker re using
fountain bathrooms, not James
building)
9-27-22
BPW RESOLUTION NO. 10-05-22-01
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AUTHORIZING
CERTAIN IMPROVEMENTS FOR THE SEWAGE WORKS SYSTEM OF
THE CITY OF CARMEL, INDIANA, THE ISSUANCE OF REVENUE
BONDS AND BOND ANTICIPATION NOTES TO PROVIDE THE COST
THEREOF, AND OTHER MATTERS CONNECTED THEREWITH
WHEREAS, the City of Carmel, Indiana (the “City”), has previously established and
constructed and now owns and operates, through its Board of Public Works (the “Board”), a
sewage works utility system for the City and its inhabitants (the “Sewage Works”), in
accordance with the provisions of Indiana Code 36-9-23, as amended (the “Act”); and
WHEREAS, in order to commence the acquisition, construction, extension and
installation of certain improvements to the Sewage Works, the City must undertake the projects
described in Exhibit A hereto (collectively, the “Project”); and
WHEREAS, the Board hereby finds that the Project is necessary; and that preliminary
design plans, specifications, detailed descriptions and cost estimates have been prepared and
filed by the engineers employed by the City for said Project, which plans, specifications,
descriptions and estimates have been or will be approved by the Board and by all governmental
authorities having jurisdiction thereof; and
WHEREAS, the Board further finds that the City has obtained estimates prepared and
delivered by the engineers employed by the City for said Project; that on the basis of said
estimates, the maximum estimated cost of the Project, as defined in Indiana Code 36-9-23 and
Indiana Code 36-9-1, each as amended, including all authorized expenses relating thereto,
including the costs of issuance of bonds on account of the financing of all or a portion thereof, is
in the amount of Twelve Million Dollars ($12,000,000); and
WHEREAS, the Board further finds that there are not sufficient funds on hand from the
Sewage Works to pay the costs of the Project, and that the financing of the costs of the Project
should be accomplished by the issuance of revenue bonds of the Sewage Works, in an aggregate
principal amount not to exceed Twelve Million Dollars ($12,000,000), and, if necessary, bond
anticipation notes, all on the terms and conditions set forth herein; and
WHEREAS, this Board finds that it would be beneficial to finance the costs of the
Project and hereby authorizes the same by issuance of the City of Carmel, Indiana Sewage
Works Revenue Bonds, in one or more series (collectively, the “Bonds”) and, pending the
issuance of such Bonds, one or more series of bond anticipation notes (collectively, the “BANs”)
for such purpose; and
WHEREAS, this Board now desires to order the undertaking of the Project and issuance
of the Bonds and desires to recommend to the Council that it adopt an ordinance authorizing the
issuance of the Bonds upon the terms set forth below.
2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS:
1. A brief description of the Project is set forth on Exhibit A hereto which is
incorporated herein.
2. Based on the engineers employed by the City for the Project, the Board estimates
that the cost of the Project, including all authorized expenses relating thereto, including the costs
of issuance of the Bonds and the BANs on account thereof, will be in the estimated amount not
to exceed Twelve Million Dollars ($12,000,000).
3. Subject to final approval of the Council, the Board hereby orders that the Project
be undertaken and that the Bonds be issued, in one or more series, in a maximum aggregate
principal amount not to exceed Twelve Million Dollars ($12,000,000), with a maximum interest
rate of six percent (6.00%) and with a final maturity date no later than May 1, 2047, for the
purpose of providing funds to (i) pay all or a portion of the costs of the Project, (ii) fund a debt
service reserve fund or pay the premium for a debt service reserve surety policy, if necessary,
and (iii) pay the costs incurred on account of the issuance and sale of the Bonds, including any
premiums for any municipal bond insurance policies.
4. The Board hereby estimates that the fees for the several classes of users or
property to be served by the Sewage Works utility are equal to the fees and charges set forth in
Ordinance D-2271-16 (the “Rate Ordinance”), which Rate Ordinance is incorporated herein by
reference.
5. The Board hereby authorizes the City Controller to arrange for publication of a
notice of the adoption and the purport of this Resolution in accordance with Indiana Code 5-3-1.
6. The Board hereby declares its official intent, to the extent permitted by law, to
issue the Bonds in one or more series, in an aggregate principal amount not to exceed Twelve
Million Dollars ($12,000,000), and to reimburse costs of the Project consisting of the
Expenditures from proceeds of the sale of such Bonds or the BANs.
7. The President of the Board is hereby authorized and directed to present a copy of
this Resolution to the Carmel City Clerk for presentation to the Council as soon as may be done.
8. This Resolution shall be in full force and effect after its adoption by the Board.
3
PASSED AND ADOPTED this 5th day of October, 2022.
BOARD OF PUBLIC WORKS
CITY OF CARMEL, INDIANA
________________________________
Mayor James Brainard, Presiding Officer
________________________________
Lori Watson, Member
________________________________
Mary Ann Burke, Member
ATTEST:
_________________________________
Sue Wolfgang, Clerk
EXHIBIT A
DESCRIPTION OF PROJECT
All or any portion of the design, inspection, construction, renovation, replacement,
improvement and/or equipping of various improvements to the City’s sewage works system,
including but not limited to an expansion of the 106th Street lift station, digester piping and gas
cleaning improvements.
106th Street Lift Station Improvements $4,500,000
Project includes upgrades to pumping capacity, wet well capacity, piping improvements,
electrical and controls improvements.
Wastewater Plant Digester Piping Replacement $3,000,000
Project will replace pipe, valves, and safety equipment within four anerobic digesters that is past
its useful life expectancy.
Digester Gas Cleaning Equipment and Piping $3,000,000
Project includes the installation of gas cleaning equipment and associated piping that will clean
the biogas produced at the wastewater plant to a level that meets the “pipeline ready”
requirements.
Total Project Cost $10,500,000
DMS 23585349v2
13244 Frogmore Street- Spa removal with Crane parked Mercer Street.