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16-ENG-37 FT Project Manual Range Line & 116th(reduced)
CITY OF CARMEL PROJECT MANUAL Roundabout Improvements 116th Street and Range Line Road (16-ENG-37) (Includes 16-ENG-70 & 17-ENG-07) HAMILTON COUNTY, INDIANA City of Carmel Engineering Department One Civic Square Carmel, Indiana 46032 Office: (317) 571 - 2441 May 2021 Revised 5/21/2021 BID PROPOSAL SUMMARY PAGE Complete the following information and place as the cover page to your bid packet. Insert all documents into an envelope with project name and your company name clearly marked on the outside. Seal the envelope. The prices indicated on this sheet shall be read aloud during the bid opening and shall match the prices indicated in Part 2 of the Bidders Itemized Proposal and Declarations. Company: Project Name: Project No. 16-ENG-37 Roundabout Improvements: 116th Street and Range Line Road Date Submitted: Base Quote Amount: Alternate Bid 1 Bid Amount: SUBJECT PAGES NOTICE TO BIDDERS NTB-1 INSTRUCTIONS TO BIDDERS ITB-1 BIDDER’S ITEMIZED PROPOSAL AND DECLARATIONS BID-1 POST BID SUBMITTAL POSTBID-1 BID BOND BB-1 MAINTENANCE BOND MB-1 PAYMENT BOND PMB-1 PERFORMANCE BOND PFB-1 AGREEMENT A-1 ADDITIONAL REQUIREMENTS AR-1 STANDARD GENERAL CONDITIONS (INCORPORATED BY REFERENCE) Article 1 - Abbreviations and Definitions G-1 Article 2 - Preliminary Matters G-5 Article 3 - Contract Documents G-8 Article 4 - Availability of Lands; Physical Conditions G-10 Article 5 - Bonds, Insurance and Indemnification G-15 Article 6 - Contractors’ Responsibilities G-23 Article 7 - Work by Third Parties G-33 Article 8 - OWNER’s and ENGINEER’s Status During Construction G-34 Article 9 - Changes in the Work G-37 Article 10 - Change of Contract Price G-38 Article 11 - Change of Time; Liquidated Damages; Delays and Hindrances G-42 Article 12 - Warranties, Test and Defective Work G-45 Article 13 - Payments to CONTRACTOR and Completion G-49 Article 14 - Suspension of Work and Termination G-48 Article 15 - Miscellaneous G-58 TECHNICAL SPECIFICATIONS TS-1 NTB-1 Version 2018-12-19 NOTICE TO BIDDERS City of Carmel, Indiana Department Board of Public Works and Safety One Civic Square City of Carmel, Indiana 46032 Project: 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed bids for the above described “Project” at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) until 9:45 EST and in the Council Chambers at the same address between the hours of 9:45 a.m. and 10:00 a.m. EST on or before Wednesday June 16th, 2021, and commencing as soon as practicable thereafter on the same date such bids will be publicly opened and read aloud in the Council Chambers of City Hall. No late bids will be accepted. All bids and proposals shall be properly and completely executed on the proposal forms provided with the plans and specifications, which will include the non-collusion affidavit as required by the State of Indiana. The bid envelope must be sealed and have the words “BID – 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road” A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be submitted with each bid. A one hundred percent (100%) performance and payment bond will also be required of the successful bidder. It is intended that actual construction of all work divisions shall be started as soon as practicable, and each bidder shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to, the following: Roundabout construction at Range Line Road and 116th Street, roundabout construction at Range Line Road and Medical Drive, and corridor improvements along Range Line Road from 116th Street to Carmel Drive including mill and resurfacing, storm sewer installation, shared-use path and sidewalk construction, driveway construction, lighting, and landscaping. Contract Documents for the Project have been assembled into one bound project manual, which together with drawings, may be examined at the following locations: City of Carmel Department of Engineering - 1st Floor One Civic Square Carmel, IN 46032 (317) 571-2441 NTB-2 Version 2018-12-19 Copies of such drawings and project manuals must be obtained from Reprographix (Reprographix.com). Payments and costs of Contract Documents are non-refundable. Bidders shall assure that they have obtained complete sets of drawings and Contract Documents and shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of drawings and Contract Documents. This Project will be funded by the City of Carmel. A pre-bid conference for discussions of the Project, the bidding requirements and other important matters will be held on Wednesday June 2nd, 2021 at 1:00 p.m. EST in the Caucus Room on the 2nd Floor of City Hall (One Civic Square). All prospective bidders are invited to attend the pre-bid conference. The pre-bid conference is not mandatory. For special accommodations needed by handicapped individuals planning to attend the pre-bid conference or public bid opening meeting, please call or notify the city of Carmel, Engineer’s Office, at (317) 571-2441 at least forty-eight (48) hours prior thereto. No bidder may withdraw any bid or proposal within a period of thirty (30) days following the date set for receiving bids or proposals. The Carmel Board of Public Works and Safety reserves the right to hold any or all bids or proposals for a period of not more than thirty (30) days and said bids or proposal shall remain in full force and effect during said period. The City of Carmel reserves the right to reject and/or cancel any and all bids, solicitations and/or offers in whole or in part as specified in the solicitations when it is not in the best interests of the governmental body as determined by the purchasing agency in accordance with IC 5-22-18-2 ___________________________ Sue Wolfgang Clerk ITB-1 p:\2015\02101\e. reports_specs\bid documents\02 - 116th & rangeline rab\new bid_june 2021\4_cib_front end specs.docx Version 2018-12-19 INSTRUCTIONS TO BIDDERS City of Carmel OWNER: City of Carmel by and through its Board of Public Works and Safety Project/Work: 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road Owner’s Representative: Jeremy M. Kashman, City Engineer One Civic Square Carmel, IN 46032 Designed By: American Structurepoint 9025 River Road Suite 200 Indianapolis, IN 46240 1. GENERAL 1.1. Submission of a Bid shall constitute an unconditional Agreement and acknowledgment by the Bidder to be bound by all terms and conditions set forth herein and in any of the Documents assembled or referred to in the bound Project Manual of which these Instructions To Bidders are a part. 1.2. Sample forms are included in the Project Manual to acquaint Bidders with the form and provisions of various Bid Documents and other Documentation required by the Contract Documents to be executed, completed and submitted by some or all Bidders, either as part of a Bid Submission or after the Bid Date. Such sample forms are not to be detached from the Project Manual, or filled out or executed. Separate copies of such forms and any other required Documentation prescribed by the Contract Documents have been or will be furnished separately by the OWNER and must be obtained directly from the Department of Engineering, One Civic Square, First Floor, Carmel, Indiana 46032. 1.3. Instructions and requirements printed on any sample form included in the Project Manual or any form not so included but required to be completed, signed or furnished by a Bidder as part of a Bid Submission or after receipt and opening of Bids shall be deemed requirements established by these Instructions To Bidders to the same extent as if fully restated herein. 1.4. All communications for the administration of the Contract shall be as set forth in the General Conditions and, in general, shall be through the City of Carmel, Department of Engineering. 1.5. The Unit Cost Schedule included as “Part 3” in Section 5.3.1 hereof is to be completed for the Project Bid. The construction completion time is shown in Technical Specification paragraph TS 2 and is as follows: ITB-2 p:\2015\02101\e. reports_specs\bid documents\02 - 116th & rangeline rab\new bid_june 2021\4_cib_front end specs.docx Version 2018-12-19 Project Start Date: July 16th, 2021 Substantial Completion Date: October 3rd, 2022 Final Project Completion Date: November 25th, 2022 2. DEFINITIONS The following definitions shall apply to these Instructions To Bidders (ITB): 2.1. Bidder - Any person or entity who submits a Bid. 2.2. Bid - A written proposal submitted by a Bidder as part of the form prescribed herein offering to perform and complete the Work and to fulfill all other requirements of the Contract Documents for one or more specified prices. 2.3. Bid Documents - All Documents and completed forms required to be submitted by a Bidder with and as integral parts of a Bid Submission, whether or not included as sample forms assembled in the Project Manual of which these Instructions To Bidders are a part. Such Bid Documents are listed and more fully described in ITB Section 5.3 hereof. 2.4. Bid Date - The date when Bids are to be received, opened and publicly read aloud as established by the Notice To Bidders as may be modified by Addenda. 2.5. Bid Submission - All Documents presented by a Bidder for receipt and opening on the Bid Date. 2.6. Contract Documents - The Agreement and any exhibits thereto (sometimes referred to as “Contract”), Addenda (which pertain to the Contract Documents), Instructions to Bidders, Advertisement, Notice to Bidders, Contractor’s Bid (including Documentation accompanying the Bid and any post-Bid Documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the Standard General Conditions, the Additional Requirements Section, any supplemental conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement. 2.7. ENGINEER - The City of Carmel, acting by and through its Board of Public Works and Safety. 2.8. OWNER - The City of Carmel acting by and through its Board of Public Works and Safety and the Department of Engineering. 2.9. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 2.10. Project Manual - The bound set of Documents, sample forms, and Contract Documents (excluding plans and Addenda) approved by the OWNER for the Work and/or Project described in the Notice To Bidders and of which these Instructions To Bidders are a part. 2.11. Standard General Conditions - City of Carmel Standard General Conditions for Construction Contracts, 1997. 2.12. Work - The entire construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work is the result and product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. ITB-3 p:\2015\02101\e. reports_specs\bid documents\02 - 116th & rangeline rab\new bid_june 2021\4_cib_front end specs.docx Version 2018-12-19 In all other respects, terms used herein shall have the meanings as stated in the Standard General Conditions or other Contract Documents. 3. EXAMINATION OF SITE AND DOCUMENTS 3.1. Before the Bid Date, all Bidders shall carefully and thoroughly examine and inspect the entire site of the proposed Work and adjacent premises and the various means of approach and access thereto by means of a site inspection visit, and make all necessary investigations to inform themselves thoroughly as to the facilities necessary for delivering, placing and operating the necessary construction equipment, and for delivering and handling materials at the site, and shall inform themselves thoroughly as to any and all actual or potential difficulties, hindrances, delays and constraints involved in the commencement, prosecution and completion of the proposed Work in accordance with the requirements of the Contract Documents. 3.2. It shall be the sole responsibility of Bidders to make borings, test pits and to conduct such other investigations at or near the site of the proposed Work as they deem necessary to determine the character, location and amount of materials to be encountered or other subsurface conditions which could affect the manner, cost or time required to perform the Work. 3.3. Bidders shall carefully and thoroughly examine the plans, specifications and other Contract Documents and/or Project Manual as available in the locations stated in the Notice to Bidders and shall assume the full risk of their own judgments as to the nature, quality and amount of the whole of the Work to be done, and for the price Bid must assume all risk of any and all variances or errors in any computation or statement of amounts or quantities necessary to complete the Work in strict compliance with the Contract Documents. 3.4. Elevations of the existing ground surface or structures at the site of the Work as shown on the plans are believed to be reasonably correct, but are not guaranteed to be absolutely so and are presented only as an approximation. Bidders shall satisfy themselves as to the correctness of all elevations. 3.5. Information stated or depicted on plans concerning the location, dimensions, depth and other characteristics of underground structures and utilities is given only as general information and shall not be construed or relied upon by Bidders as a representation or assurance that such structures or utilities will be found or encountered as plotted, or that such information is complete or accurate. Bidders, therefore, shall satisfy themselves by such means as they may deem proper as to the location of all structures and utilities that may be encountered in construction of the Work and shall bear the risk of the number, type, location, dimensions and depth of all structures and utilities thus encountered. 4. CLARIFICATIONS AND ADDENDA 4.1. If a Bidder finds conflicts, errors, discrepancies or ambiguities in the Contract Documents or any sample form, or if the Bidder is in doubt as to the intended meaning of any portion or provision therein, the Bidder shall at once give written notice thereof to the OWNER’s Representative, at least seven (7) consecutive calendar days prior to the Bid Date. No Bidder shall be allowed any extra compensation or time extension by reason of any conflict, error, discrepancy or ambiguity of which the Bidder had actual knowledge or reasonably should have known and which he/she failed to report within the period and in the manner required by these Instructions To Bidders. ITB-4 p:\2015\02101\e. reports_specs\bid documents\02 - 116th & rangeline rab\new bid_june 2021\4_cib_front end specs.docx Version 2018-12-19 4.2. No material changes, clarifications or interpretations of the Contract Documents will be issued except by written or graphic Addenda mailed or delivered to record holders of Contract Documents not less than three (3) calendar days prior to the Bid Date. All such Addenda must be acknowledged by the Bidder and will become a part of the Contract Documents. The OWNER will not be responsible for or bound by any oral or written interpretations or clarifications of the Contract Documents which anyone presumes to make on its behalf, except by an Addendum issued in accordance with this Section. 5. BID SUBMISSION 5.1. All Bid Documents shall be placed within a sealed envelope which shall be plainly labeled on the outside with the words “BID – 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road” on the lower left-hand corner as indicated on the Notice to Bidders and also include the name and address of the Bidder on the envelope. If forwarded by mail, the sealed envelope must be enclosed in another envelope addressed to: City of Carmel, Clerk-Treasurer’s Office, One Civic Square, Carmel, Indiana 46032. The bid documents shall be single sided and bound with a binder clip. No staples or other binding types shall be used. 5.2. All Bid Documents as herein prescribed must be submitted with, and as integral parts of, each Bid Submission and shall be subject to all requirements of the Contract Documents, including drawings and these Instructions To Bidders. Bid Documents must be properly filled in and completed in every material respect and without interlineations, excisions, special conditions, qualifications or exceptions. Each Bid Document requiring a signature shall be signed by an individual duly authorized to execute such Document on Bidder’s behalf. A Bid executed by a corporation, joint venture, or other entity with an assumed name shall have the legal and correct name thereof followed by the word “by” and the signature and title of the officer or other person authorized to sign for it and a corporate resolution or similar document authorizing such officer to bind the entity. ITB-5 p:\2015\02101\e. reports_specs\bid documents\02 - 116th & rangeline rab\new bid_june 2021\4_cib_front end specs.docx Version 2018-12-19 5.3. The Bid Documents to be thus submitted by each Bidder shall consist of both of the following (5.3.1, 5.3.2): 5.3.1. Bidder’s Itemized Proposal and Declarations. A sample of this form is included in the Project Manual and must be utilized by all Bidders. Such Document includes and consists of the following constituent “Parts”: “Part 1 - Bidder Information” “Part 2 - Proposal (Bid)” “Part 3 - Contract Items and Unit Prices” “Part 4 - Contract Documents and Addenda” “Part 5 - Exceptions” “Part 6 - Financial Statement” “Part 7 - Additional Declarations” “Part 8 - Non-Collusion Affidavit” “Part 9 - Signatures” 5.3.2. Bid Security in the form of a Bid Bond or Certified Check in an amount not less than ten percent (10%) of the Bid price. Such Bid Security shall serve as security to insure the execution of the Agreement and the furnishing of other required Documents by the successful Bidder, including Performance and Payment Bonds. A sample Bid Bond form is included in the Project Manual and such form, or such other form as may be approved in advance by OWNER, shall be utilized if such a bond is furnished as Bid Security. A Bid Bond shall be executed by a surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds,” as published in the U.S. Treasury Department Circular No. 570; the Bidder shall also furnish as part of the Bid Submission a signed power of attorney establishing the authority of the person executing such Bid Bond on behalf of the surety. Bid Security shall be held until the Contract is executed with the successful Bidder. In the event that all Bids are rejected, the Bid Security of all Bidders will be returned upon request. No “Annual” Bid bonds, cash deposits or cashiers’ checks will be accepted. 5.4. Bids may be withdrawn in person by a Bidder during normal hours of business prior to the time fixed for opening of Bids. In the event of a valid withdrawal of a Bid, the Bid Security of the withdrawing Bidder will be returned promptly. No Bid may be withdrawn after opening of Bids has commenced except after expiration of such period following the Bid Date as is specifically provided in the Notice to Bidders or as otherwise governed by law, plus any extension thereof as provided elsewhere in these Instructions To Bidders. 5.5. Bids will be received up to the time specified in the Notice to Bidders. Bids received after that time will be returned unopened. All Bids will be stamped showing the date and time received. ITB-6 p:\2015\02101\e. reports_specs\bid documents\02 - 116th & rangeline rab\new bid_june 2021\4_cib_front end specs.docx Version 2018-12-19 6. POST-BID REQUIREMENTS Within three (3) business days of notification by OWNER, the apparent lowest responsive Bidder will be required to submit additional Documents and satisfy additional requirements as conditions to such Bidder being found by the OWNER to be a responsible Bidder, as follows: 6.1. Proof of Insurability. The Bidder shall furnish: (1) proof of insurance showing existing coverage in accordance with the terms and amounts stated in the General Conditions, or (2) a letter or statement certifying that, in the event that the Bid is awarded by the OWNER, an insurance company will provide the required coverage to the Bidder submitting the Bid. Such proof of insurance or the letter/statement shall be issued by a financially responsible insurance company authorized to do business in the State of Indiana. 6.2. Surety Letter of Intent. The Bidder shall furnish a written statement or letter from a Surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds”, as published in U.S. Treasury Department Circular No. 570 which assures the OWNER that, in the event the Bid is accepted and a Contract is awarded by OWNER, said Surety will execute and deliver both a Performance Bond and Payment Bond as required by the Contract Documents. 6.3. Joint Venture Agreement. If the Bidder is a joint venture, partnership or other combination of two or more persons or entities, the Bidder shall submit a copy of the joint venture or other Agreement by which such joint venture, partnership or other association has been formed, executed by all such participating persons or entities. If the Bid is signed by less than all parties that comprise the Bidder, suitable written evidence of the authority of such signing party to bind all such parties must also be furnished. 6.4. Manufacturers List. The Bidder shall submit a completed Manufacturers list on the form provided in these Bid Documents. 6.5. Subcontractors List. The Bidder shall submit a completed Subcontractors list on the form provided in these Bid Documents. 7. BID EVALUATION AND AWARD 7.1. Award of the Contract will be made to the lowest, most responsive and most responsible Bidder where the Bid is reasonable and does not exceed the funds available for the Project. The OWNER reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other irregularities in Bid Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders. 7.2. The OWNER shall have the right to reject any Bid if investigation of the Bidder fails to satisfy the OWNER that such Bidder is properly qualified to carry out the obligations and complete the Work. Any or all Bids will be rejected if there is reason to believe that collusion exists among Bidders. ITB-7 p:\2015\02101\e. reports_specs\bid documents\02 - 116th & rangeline rab\new bid_june 2021\4_cib_front end specs.docx Version 2018-12-19 7.3. For Contract Items and Unit Price, estimated quantities and unit prices will serve as the basis for determining the proposed price of each Bid. Patent math errors in statements of Unit Prices or Totals may be corrected by the OWNER or ENGINEER, in which case the corrected amounts will be used for the purpose of Bid evaluation, comparison and other award considerations. However, neither the OWNER nor the ENGINEER shall be required to discover or correct any error or omission in a Bid and the Bidder shall assume the risk of and be bound to the consequences of any such error or omission. 7.4. The OWNER may, at its sole option, award the Contract to a Bidder on a conditional basis to afford the Bidder additional time and opportunity to submit required Documents or to fulfill other requirements. In such case, the OWNER will furnish to the Bidder a notice of conditional award which will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be satisfied. If the Bidder fails to satisfy the conditions in the manner and within the time specified in such notice, the OWNER may declare such Bidder to be non-responsive and award the Contract, conditionally or unconditionally, to another Bidder. Time limitations governing the OWNER’s award of the Contract shall be extended for such additional period as may be required to effectuate the conditional award procedure set forth in this sub-section, and no Bid may be withdrawn during such period of extension. 8. CONTRACT EXECUTION; SUBMITTALS 8.1. Within three (3) business days after the award notice, the successful Bidder shall sign and deliver at least five (5) counterparts of the Agreement, utilizing the form thereof included in the Project Manual and make delivery thereof to the OWNER, along with other Documents as prescribed by the Contract Documents. After execution and delivery of the Agreement and other required Documents, and acceptance thereof by the OWNER, the Bid Security furnished by each Bidder will be returned to the respective Bidders upon request. 8.2. If the Bidder fails or neglects to execute and deliver the Agreement and other required Documents as prescribed by the preceding sub-section, the Bidder shall be deemed to have repudiated the Contract and thereupon the award shall be null and void; and the Bid Security provided by the Bidder shall be forfeited to and retained by the OWNER as liquidated damages for such failure of the Bidder to execute the Contract, it being understood and agreed that the character and amount of actual damages sustained by the OWNER cannot reliably be ascertained and measured and that the amount of the Bid Security is intended as a reasonable prospective estimate of such actual damages. 8.3. Concurrently with the execution and delivery of the Agreement to the OWNER, or within such other period as the OWNER may prescribe, the successful Bidder (CONTRACTOR) shall submit the following as conditions to the Bidder’s right to proceed with and receive payment for any Work: 8.3.1. A complete list of all Subcontractors to be used on the Work; 8.3.2. A one hundred percent (100%) Performance Bond, a one hundred percent (100%) Payment Bond and a ten percent (10%) Maintenance Bond as prescribed by the General Conditions or other Contract Documents. Such bonds shall be executed utilizing the sample forms included in the Project Manual or alternative forms approved in advance by the OWNER. Indemnification clauses between successful Bidder and the Surety shall not be binding upon the OWNER; ITB-8 p:\2015\02101\e. reports_specs\bid documents\02 - 116th & rangeline rab\new bid_june 2021\4_cib_front end specs.docx Version 2018-12-19 8.3.3. The preliminary schedules required by Paragraph 2.7 of the Standard General Conditions; 8.3.4. A schedule of wages to be paid by the Bidder and his/her Subcontractors to laborers for the Work; and 8.3.5. Other post-Bid submittals required by the Contract Documents. 9. LIQUIDATED DAMAGES 9.1. The Contract Documents provide for the payment of liquidated damages in the event of unexcused failure by the CONTRACTOR to complete the Work within the time required by the Contract Documents. 9.2. The per diem rate(s) of liquidated damages established by the preceding sub-section have been determined and are intended as reasonable prospective estimate(s) of the type and amount of actual damages which the OWNER may sustain in the event of such delay(s). Submission of a Bid shall constitute an unconditional acknowledgment and Agreement by the Bidder that such liquidated damages are fair and reasonable and do not and will not constitute a penalty, and that such liquidated damages may be assessed and recovered by the OWNER as against the successful Bidder and its Surety in lieu of actual damages for delayed completion. END OF INSTRUCTIONS TO BIDDERS BID-1 Version 2018-12-19 BIDDER’S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized. Project: 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road Proposal For Construction of : Roundabout construction at Range Line Road and 116th Street, roundabout construction at Range Line Road and Medical Drive, and corridor improvements along Range Line Road from 116th Street to Carmel Drive including mill and resurfacing, storm sewer installation, shared-use path and sidewalk construction, driveway construction, lighting, and landscaping. Date: _______________________________ To: City of Carmel, Indiana, Board of Public Works and Safety BID-2 Version 2018-12-19 PART 1 BIDDER INFORMATION (Print) 1.1 Bidder Name: 1.2 Bidder Address: Street Address: City: State: Zip: Phone: Fax: 1.3 Bidder is a/an [mark one] Individual Partnership Indiana Corporation Foreign (Out of State) Corporation; State: Joint Venture Other 1.4 [The following must be answered if the Bidder or any of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City of Carmel, Indiana, foreign corporations must register with the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General’s Opinion #2, dated January 23, 1958.] .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: BID-3 Version 2018-12-19 PART 2 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total as Part 3A – Base Bid Dollars ($_________________). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and further acknowledges that the unit quantities listed in Part 3A – Base Bid of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. 2.2 Alternate Bid 1 The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total as Part 3B – Alternate Bid 1 Dollars ($_________________). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and further acknowledges that the unit quantities listed in Part 3B – Alternate Bid 1 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. Contract Item No.Description Estimated Quantity Unit Unit Price Item Total 0001 CONSTRUCTION ENGINEERING 1 LS 0002 MOBILIZATION AND DEMOBILIZATION 1 LS 0003 CLEARING RIGHT OF WAY 1 LS 0004 PAVEMENT REMOVAL 2,083 SYS 0005 EXCAVATION, COMMON 4,640 CYS 0006 BORROW 3,250 CYS 0007 PRIVATE IRRIGATION 1 DOL 1.00$ 1.00$ 0008 TEMPORARY INLET PROTECTION 65 EACH 0009 TEMPORARY MULCH 8 TON 0010 TEMPORARY SILT FENCE 404 LFT 0011 NO 2 STONE 150 TON 0012 TEMPORARY GEOTEXTILE 353 SYS 0013 TEMPORARY SEED MIXTURE 362 LBS 0014 SUBGRADE TREATMENT, TYPE II 2,183 SYS 0015 SUBGRADE TREATMENT, TYPE IC 9,462 SYS 0016 STRUCTURAL BACKFILL, TYPE 2 389 CYS 0017 STRUCTURAL BACKFILL, TYPE 3 14 CYS 0018 COMPACTED AGGREGATE, NO. 53 983 TON 0019 COMPACTED AGGREGATE, NO. 53, TEMPORARY FOR DRIVEWAYS 90 TON 0020 WIDENING WITH HMA, TYPE C 33 TON 0021 WIDENING WITH PCC BASE, 6 IN 1,047 SYS 0022 MILLING, ASPHALT, 1 1/2 IN 6,835 SYS 0023 MILLING ASPHALT, VARIABLE DEPTH (1" Min)706 SYS 0024 HMA, SURFACE, TYPE C, 9.5 mm 1,183 TON 0025 HMA, INTERMEDIATE, TYPE C, 19.0 mm 900 TON 0026 HMA, BASE, TYPE C, 25.0 mm 1,999 TON 0027 HMA, INTERMEDIATE, TYPE C, OG, 19.0 mm 799 TON 0028 JOINT ADHESIVE, SURFACE 5,912 LFT 0029 JOINT ADHESIVE, INTERMEDIATE 2,641 LFT 0030 LIQUID ASPHALT SEALANT 5,912 LFT 0031 HMA FOR TEMPORARY PAVEMENT, C 225 TON 0032 ASPHALT FOR TACK COAT 9 TON 0033 BASE SEAL 7 TON 0034 RAISED PEDESTRIAN CROSSING 383 SYS 0035 DECORATIVE CONCRETE PAVEMENT, TRUCK APRON, 7 IN 352 SYS 0036 HMA FOR SIDEWALK 483 TON 0037 SIDEWALK, CONCRETE, 4 IN 1,053 SYS 0038 CURB RAMP, CONCRETE 330 SYS 0039 DETECTABLE WARNING SURFACES 59 SYS 0040 HAND RAIL, DECORATIVE 84 LFT 0041 STRAIGHT CONCRETE CURB 4,685 LFT 0042 STRAIGHT CONCRETE CURB, MODIFIED 418 LFT 0043 CENTER CURB, D, CONCRETE 124 SYS 0044 CURB AND GUTTER CONCRETE TYPE II 5,021 LFT 0045 CURB AND GUTTER CONCRETE TYPE III 108 LFT 0046 ROLL CURB FOR TRUCK APRON 483 LFT 0047 PCCP FOR APPROACHES, 9 IN 2,183 SYS 0048 MONUMENT, SECTION CORNER 1 EACH 0049 INLET FILTER 48 EACH 0050 MOBILIZATION AND DEMOBILIZATION FOR SEEDING 4 EACH 0051 TOPSOIL 490 CYS 0052 SODDING, NURSERY 5,800 SYS 0053 FIELD OFFICE, B 16 MOS 0054 PIPE, CLASS III RCP, CIRCULAR 36 IN 12 LFT 0055 PIPE, TYPE 4 CIRCULAR 6 IN 4,865 LFT 0056 PIPE, CLASS III RCP, CIRCULAR 12 IN 928 LFT 0057 PIPE, CLASS III RCP, CIRCULAR 15 IN 99 LFT 0058 PIPE, CLASS III RCP, CIRCULAR 18 IN 7 LFT 0059 PIPE, CLASS III RCP, CIRCULAR 21 IN 6 LFT 0060 PIPE, CLASS III RCP, CIRCULAR 42 IN 4 LFT 0061 HMA FOR STRUCTURE INSTALLATION, TYPE C 92 TON 0062 AGGREGATE FOR UNDERDRAINS 441 CYS 0063 GEOTEXTILES FOR UNDERDRAIN 4,380 SYS PART 3A - BASE BID CONTRACT ITEMS AND UNIT PRICES Contract Item No.Description Estimated Quantity Unit Unit Price Item Total PART 3A - BASE BID CONTRACT ITEMS AND UNIT PRICES 0064 FLAT CASTING, FURNISH AND ADJUST TO GRADE 9 EACH 0065 CASTING, 13, FURNISH AND ADJUST TO GRADE 1 EACH 0066 MANHOLE, J10 2 EACH 0067 CASTING, ADJUST TO GRADE 16 EACH 0068 INLET, E7 1 EACH 0069 INLET, J10 13 EACH 0070 INLET, M10 12 EACH 0071 INLET, R13 5 EACH 0072 MANHOLE, C4 2 EACH 0073 STRUCTURE, MANHOLE, RECONSTRUCTED 10 LFT 0074 MANHOLE, C10 3 EACH 0075 MANHOLE, K4 2 EACH 0076 MANHOLE, J4 3 EACH 0077 AGGREGATE FOR DRAINAGE FILL 23 CYS 0078 MODULAR BLOCK WALL 599 SFT 0079 MODULAR BLOCK WALL ERECTION 599 SFT 0080 CONSTRUCTION SIGN, C 11 EACH 0081 ROAD CLOSURE SIGN ASSEMBLY 5 EACH 0082 TEMPORARY PAVEMENT MARKING, REMOVABLE, 4 IN 17,555 LFT 0083 TEMPORARY PAVEMENT MARKING, REMOVABLE, 24 IN 14 LFT 0084 DETOUR ROUTE MARKER ASSEMBLY 92 EACH 0085 CONSTRUCTION SIGN, A 21 EACH 0086 CONSTRUCTION SIGN, B 40 EACH 0087 FLASHING ARROW SIGN 150 DAY 0088 MAINTAINING TRAFFIC 1 LS 0089 BARRICADE, III-A 228 LFT 0090 BARRICADE, III-B 36 LFT 0091 DETECTABLE PEDESTRIAN BARRICADES 66 LFT 0092 DECORATIVE STREET SIGN ASSEMBLY, DIRECTIONAL, INSTALLED 5 EACH 0093 SIGN POST, SQUARE, TYPE 1, REINFORCED ANCHOR BASE 568 LFT 0094 SIGN, SHEET, RELOCATE 11 EACH 0095 SIGN, SHEET, WITH LEGEND 0.080 IN 256 SFT 0096 SIGN, SHEET, WITH LEGEND 0.100 IN 94 SFT 0097 CONDUIT, PVC, 3 IN, SCHEDULE 80 2,508 LFT 0098 CONTROLLER CABINET FOUNDATION, P1 2 EACH 0099 CONTROLLER CABINET, P1 2 EACH 0100 CONDUIT, PVC, 4 IN., SCHEDULE 80 1,543 LFT 0101 CONDUIT, PVC, 4 IN., SCHEDULE 80 WITH 4-1 IN. INNERDUCTS 1,147 LFT 0102 CONDUIT, PVC, 4 IN., SCHEDULE 40 1,765 LFT 0103 CONDUIT, PVC, 4 IN., SCHEDULE 40, WITH 4-1 IN. INNERDUCTS 1,765 LFT 0104 HANDHOLE, COMMUNICATION 22 EACH 0105 HANDHOLE, LIGHTING 5 EACH 0106 PRIVATE LIGHT, RELOCATE 2 EACH 0107 LIGHT STANDARD, RELOCATE 1 EACH 0108 LUMINAIRE, ORNAMENTAL, 70 WATT LED 16 EACH 0109 LUMINAIRE, ORNAMENTAL 152 WATT LED 19 EACH 0110 LIGHT POLE, ORNAMENTAL, 15 FT 16 EACH 0111 LIGHT POLE, ORNAMENTAL (30FT WITH 8 FT ARM)19 EACH 0112 PRIVATE LIGHTING 1 DOL 1.00$ 1.00$ 0113 WIRE, NO 4 COPPER, IN PLASTIC DUCT, IN TRENCH 4 1/C 8,114 LFT 0114 LIGHTING FOUNDATION, CONCRETE, WITH GROUNDING , 30 IN DIA X 96 IN 19 EACH 0115 LIGHTING FOUNDATION, CONCRETE, WITH GROUNDING, 18 IN DIA X 72 IN 16 EACH 0116 SERVICE POINT, II 2 EACH 0117 CABLE, POLE CIRCUIT THWN, NO 10 COPPER, STRANDED, 1/C 7,284 LFT 0118 CONNECTOR KIT, UNFUSED 35 EACH 0119 CONNECTOR KIT, FUSED 35 EACH 0120 MULTIPLE COMPRESSION FITTING, NON-WATERPROOFED 168 EACH 0121 MULTIPLE COMPRESSION FITTING, WATERPROOFED 20 EACH 0122 INSULATION LINK, NON-WATERPROOFED 176 EACH 0123 INSULATION LINK, WATERPROOFED 40 EACH 0124 TRANSVERSE MARKING THERMOPLASTIC CROSSWALK, WHITE 24"416 LFT 0125 LINE, THERMOPLASTIC, DOTTED, WHITE, 4 IN (3 FT LINE, 9 FT GAP)561 LFT 0126 LINE, REMOVE 3,342 LFT 0127 LINE, MULTI-COMPONENT, BROKEN, WHITE, 6 IN (2 FT LINE, 4 FT GAP)65 LFT 0128 "SHARKS TEETH", YIELD LINE, WHITE 189 LFT Contract Item No.Description Estimated Quantity Unit Unit Price Item Total PART 3A - BASE BID CONTRACT ITEMS AND UNIT PRICES 0129 LINE, THERMOPLASTIC, DOTTED, WHITE, 6 IN. (2 FT LINE, 4 FT GAP)124 LFT 0130 LINE, THERMOPLASTIC, DOTTED, WHITE, 8 IN (2 FT LINE, 2 FT GAP)191 LFT 0131 LINE, THERMOPLASTIC, SOLID, WHITE, 6 IN 2,478 LFT 0132 LINE, THERMOPLASTIC, SOLID, YELLOW, 4 IN 3,676 LFT 0133 TRANSVERSE MARKING, THERMOPLASTIC, CROSSHATCH LINE, YELLOW, 12"309 LFT 0134 PAVEMENT MESSAGE MARKING, THERMOPLASTIC, LANE INDICATION ARROW 19 EACH 0135 PAVEMENT MESSAGE MARKING, THERMOPLASTIC, LANE INDICATION ARROW, "FISHHOOK", WHITE 24 EACH 0136 SNOWPLOWABLE RAISED PAVEMENT MARKER 15 EACH 0137 LINE, THERMOPLASTIC, SOLID, YELLOW, 8"907 LFT 0138 TRANSVERSE MARKING, MULTI-COMPONENT, PEDESTRIAN CROSSING 12 EACH 0139 PLANTING SOIL 3,110 CYS 0140 SHREDDED HARDWOOD MULCH 140 CYS 0141 IRRIGATION SYSTEM 1 LS 0142 DECIDUOUS SHADE TREE, 6 IN CALIPER 13 EACH 0143 DECIDUOUS SHADE TREE, 3 IN CALIPER 27 EACH 0144 DECIDUOUS SHADE TREE, 2.5 IN CALIPER 4 EACH 0145 DECIDUOUS SHADE TREE, 2 IN CALIPER 5 EACH 0146 EVERGREEN SHRUB, NO 3 CONTAINER 135 EACH 0147 DECIDUOUS SHRUB, NO 3 CONTAINER 86 EACH 0148 ORNAMENTAL GRASS, NO 1 CONTAINER 183 EACH 0149 PERRENIAL, NO 1 CONTAINER 400 EACH 0150 GROUNDCOVER, 4 IN POT 1,123 EACH 0151 12" HDPE SDR11 Via HDD 1,856 LFT 0152 12" Ductile Iron Pipe 150 LFT 0153 6" Ductile Iron Pipe 83 LFT 0154 6" Gate Valve 1 EACH 0155 12" Gate Valve 7 EACH 0156 12" x 12" Tapping Saddle and 12" Tap Valve 1 EACH 0157 New Hydrant Assembly 6 EACH 0158 6" Electro Fusion Saddle 3 EACH 0159 6" Connection 1 EACH 0160 12" Connection 3 EACH 0161 Adjust Valve to Grade 3 EACH 0162 Service Line 1 EACH 0163 Retire Fire Hydrant 5 EACH 0164 Retire Valve 6 EACH 0165 Retire Meter Pit 1 EACH Submitted By: Signature: Base Bid Total = $ Contract Item No.Description Estimated Quantity Unit Unit Price Item Total 2001 INTEGRAL COLOR CONCRETE 5,822 LFT 2002 ASPHALT BLOCK PAVER - COLOR 'A'1,755 SYS 2003 ASPHALT BLOCK PAVER - COLOR 'B'584 SYS (0014) (SUBGRADE TREATMENT, TYPE II)(-535)SYS (0018) (COMPACTED AGGREGATE, NO. 53)(-610) TON (0036) (HMA FOR SIDEWALK)(-405) TON (0037) (SIDEWALK, CONCRETE, 4 IN)(-58)SYS (0038) (CURB RAMP, CONCRETE)(-233 SYS (0047) (PCCP FOR APPROACHES, 9 IN)(-535) SYS PART 3B - ALTERNATE BID 1 CONTRACT ITEMS AND UNIT PRICES Alternate Bid 1 Total = $ Submitted By: Signature: BID-5 Version 2018-12-19 PART 4 CONTRACT DOCUMENTS AND ADDENDA 4.1 The Bidder agrees to be bound by the terms and provisions of all Contract Documents as defined in the Standard General Conditions and incorporates such Contract Documents herein by reference. 4.2 The Bidder acknowledges receipt of the following addenda: ADDENDUM NUMBER DATE BID-6 Version 2018-12-19 PART 5 EXCEPTIONS Instructions To Bidders: 5.1 The Bidder shall fully state each exception taken to the Specifications or other Contract Documents in Section 5.3 of this Part. 5.2 Bidder is cautioned that any exception taken by Bidder and deemed by OWNER to be a material qualification or variance from the terms of the Contract Documents may result in this Bid being rejected as non-responsive. 5.3 Exceptions: BID-7 Version 2018-12-19 PART 6 FINANCIAL STATEMENT 6.1 Attachment of Bidder’s financial statement is mandatory. Any Bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to OWNER must be specific enough in detail so that OWNER can make a proper determination of the Bidder’s capability for completing the Work/Project if awarded. Information on Bidder’s company and financial statement shall be consistent with the information requested on the State Board of Accounts Forms #96a and #102, entitled “Standard Questionnaires and Financial Statement for Bidders”. BID-8 Version 2018-12-19 PART 7 ADDITIONAL DECLARATIONS 7.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 7.2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and informed himself/herself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands and accepts the existing conditions. The Bidder further certifies that he/she has thoroughly reviewed the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarifications concerning Contract Documents. BID-9 Version 2018-12-19 PART 8 NON-COLLUSION AFFIDAVIT The individual person(s) executing this Bid Proposal, being first duly sworn, depose(s) and state(s) that the Bidder has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be bid by another person, or (ii) to prevent any person from bidding, or (iii) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any other bids and without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such bidding in any way or manner whatsoever. PART 9 SIGNATURES [Signature by or on behalf of the Bidder in the spaces provided below shall constitute execution of each and every Part of this Itemized Proposal and Declarations Document. SIGNATURE MUST BE PROPERLY NOTARIZED.] Bidders Name: Written Signature: Printed Name: Title: Important - Notary Signature and Seal Required in the Space Below STATE OF _____________________ SS: COUNTY OF ____________________ Subscribed and sworn to before me this ______ day of _____________________, 19 ___. My commission expires: _________ (Signed)____________________________ Printed:_____________________________ Residing in ___________________ County, State of______________________ POSTBID-1 Version 2018-12-19 POST BID SUBMITTAL SEE ITB SECTION 6.4 MANUFACTURERS LIST Instructions To Bidders: The Bidder shall enter, in the spaces provided below, the name of the manufacturer of equipment that the Bidder proposes to furnish for each item of equipment listed in the Manufacturers List which follows. The Bidder shall enter the name of only one manufacturer for each listed equipment item. Failure to enter a manufacturer’s name for each listed equipment item may render the Bid non-responsive if it is determined that such omission is material by affording the Bidder a substantial advantage over other Bidders. Upon award of a contract, each listed equipment item shall be furnished by the named manufacturer, unless changes are specifically authorized. Equipment substitutions will be permitted only with the OWNER’s prior consent. Preliminary acceptance of equipment listed by the manufacturer’s name shall not in any way constitute a waiver of the Drawing and Specification requirements covering such equipment. Acceptance will be based on full conformity with the Drawings and Specifications covering the equipment. Equipment Item (Contract Items) Manufacturer ______________________________________________________________________________ POSTBID-2 Version 2018-12-19 POST BID SUBMITTAL SEE SECTIONS ITB 6.5 SUBCONTRACTORS LIST Instructions To Bidders: The Bidder shall enter the names and the type of work to be done in the Subcontractors List which follows for each Subcontractor that the Bidder proposes to use for the Work who will be providing work for an agreed price of five percent (5%) or greater of the amount Bid as stated above in Part 2. Only one Subcontractor shall be listed for each work item. Upon award of a contract, the named Subcontractors shall be employed to perform the work, unless changes are specifically authorized by the OWNER. Failure to furnish all information requested may render the Bid non-responsive if it is determined that such omission is material by affording the Bidder a substantial advantage over other Bidders. Except as otherwise specifically stated by the Bidder in this Part, omission of any names of Subcontractors herein shall constitute an affirmative representation and statement that the Bidder proposes to use his own work forces for most of the Work such that he will have no Subcontractors providing work in the amount of five percent (5%) or greater of the amount Bid. Subcontractor Name Work Price (use additional sheets if necessary) BB-1 Version 2018-12-19 BID BOND City of Carmel Instructions To Bidders Bidders may use this form or other form containing the same material conditions and provisions as approved in advance by OWNER/Obligee. Bidder/Surety must attach a signed, certified and effective dated copy of the Power of Attorney or Attorney- In-Fact establishing the authority of the person(s) signing this Bid Bond on behalf of the Surety. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS, that the undersigned “Bidder”: and “Surety”: [Name] [Address] , a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana (“Obligee”) in the full and just sum equal to ten percent (10%) of the price stated in the Bid Proposal described in Part 2, including accepted alternates, if any, to be paid upon demand of the Obligee, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally and firmly by these presents. Ten percent (10%) of the price stated in the Bid Proposal is $_________________. WHEREAS, the Obligee has solicited Bids for certain Work for or in furtherance of construction of public improvements described generally as 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road Roundabout construction at Range Line Road and 116th Street, roundabout construction at Range Line Road and Medical Drive, and corridor improvements along Range Line Road from 116th Street to Carmel Drive including mill and resurfacing, storm sewer installation, shared-use path and sidewalk construction, driveway construction, lighting, and landscaping. pursuant to plans, specifications and other “Contract Documents” included as parts of and designated by such solicitation; and WHEREAS, the Bidder has submitted to the Obligee a Bid Proposal to perform such Work. NOW THEREFORE: The conditions of this obligation are such that if the Bid Proposal be accepted, with or without conditions, the Bidder shall within such time thereafter as prescribed by the Contract Documents (i) fulfill all conditions of such award that remain to be fulfilled, (ii) execute a Contract in accordance with BB-2 Version 2018-12-19 the Bid Proposal and in the form and manner required by the Contract Documents, and (iii) thereafter provide all bonds, and other Documentation required by the Contract Documents to be delivered to Obligee prior to commencing Work, including without limitation a sufficient and satisfactory Performance Bond and Payment Bond payable to Obligee, each in an amount of one hundred percent (100%) of the total Contract price as awarded and in form and with surety satisfactory to said Obligee, then this obligation to be void; otherwise to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Bidder to comply with any or all of the foregoing requirements within the time specified above and as prescribed by the Contract Documents, immediately pay to the Obligee, upon demand, the amount hereof, in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. IN TESTIMONY THEREOF, the Bidder and Surety have caused this instrument to be duly signed and sealed this day of , 20 . This Bid Bond shall bind the undersigned Surety whether or not also signed by the Bidder. “Bidder” “Surety” By: By: Printed: Printed: Countersigned: MB-1 Version 2018-12-19 MAINTENANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road Roundabout construction at Range Line Road and 116th Street, roundabout construction at Range Line Road and Medical Drive, and corridor improvements along Range Line Road from 116th Street to Carmel Drive including mill and resurfacing, storm sewer installation, shared-use path and sidewalk construction, driveway construction, lighting, and landscaping. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; WHEREAS, CONTRACTOR has installed and completed and met all improvements, installations and requirements applicable to the above described Work, but said improvements and installations have not yet been accepted for public maintenance; and MB-2 Version 2018-12-19 WHEREAS, the OWNER requires a guarantee from the CONTRACTOR against defective materials and workmanship in connection with such maintenance. NOW, THEREFORE, CONTRACTOR warrants the workmanship and all materials used in the construction, installation and completion of said Work, including all improvements and installations thereof, to be of good quality and constructed and completed in a workmanlike manner in accordance with the Agreement and Contract Documents and all local, state and federal laws, ordinances, rules, standards and regulations applicable to said Work; FURTHERMORE, the conditions of the Surety’s obligation hereunder are such that if CONTRACTOR at his own expense, for a period of three (3) years after said Work, improvements and installations are accepted for public maintenance by the OWNER, shall make all repairs or replacements thereto which may become necessary by reason of improper or defective workmanship or materials, or any failure thereof to conform to the provisions of the Agreement or Contract Documents, then Surety’s obligation is to be null and void; otherwise such obligation shall remain in full force and effect. Any repairs or replacements made under this bond shall in like manner be subject to the terms and conditions hereof. CONTRACTOR and Surety covenant that all action required by law to be taken by them to authorize the execution and delivery of this bond have been previously taken, that the officers whose signatures appear below have been fully empowered to execute and deliver this instrument and that once executed and delivered, it shall represent the lawful and binding obligation of the parties. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] PMB-1 Version 2018-12-19 PAYMENT BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, plus interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road Roundabout construction at Range Line Road and 116th Street, roundabout construction at Range Line Road and Medical Drive, and corridor improvements along Range Line Road from 116th Street to Carmel Drive including mill and resurfacing, storm sewer installation, shared-use path and sidewalk construction, driveway construction, lighting, and landscaping. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; PMB-2 Version 2018-12-19 2 NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall promptly make payments of all amounts due to all Claimants, then this obligation shall be void; otherwise to remain in full force and effect. “Claimant” shall mean any Subcontractor, material supplier or other person, firm, or corporation furnishing materials or equipment for or performing labor or services in the prosecution of the Work provided for in such Agreement, including lubricants, oil, gasoline, coal and coke, repairs on machinery, and tools, whether consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the contract or in the proceedings preliminary to the letting of the Agreement will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and 4. that this Payment Bond and Surety shall not be released until one (1) year after the OWNER’s final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] PFB-1 Version 2018-12-19 PERFORMANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road Roundabout construction at Range Line Road and 116th Street, roundabout construction at Range Line Road and Medical Drive, and corridor improvements along Range Line Road from 116th Street to Carmel Drive including mill and resurfacing, storm sewer installation, shared-use path and sidewalk construction, driveway construction, lighting, and landscaping. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; PFB-2 Version 2018-12-19 2 NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall well, truly and faithfully perform his duties, all the undertakings, covenants, terms and conditions of said Agreement whether during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during any period of guaranty or warranty provided therein or arising thereunder, and if CONTRACTOR shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which he may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the Contract or in the proceedings preliminary to the letting of the Contract will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and that this Performance Bond and Surety shall not be released until one (1) year after the OWNER’s final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] Vendor Department - 2020 Appropriation # ; P.O. # Contract Not To Exceed $ [[P:\2015\02101\E. Reports_Specs\Bid Documents\02 - 116th & Rangeline RAB\NEW BID_JUNE 2021\4_CIB_Front End Specs.docx] 1 AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and, an entity duly authorized to do business in the State of Indiana (“Vendor”). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement’s terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City budget appropriation number ___________ funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. Vendor will not perform any of the Services detailed in Exhibit A prior to obtaining a written Notice to Proceed from the City. Upon receiving a Notice to Proceed, the Vendor shall perform only those Services specifically detailed in the Notice. If the Vendor desires clarification of the scope of any Notice to Proceed, the Vendor shall obtain such clarification from the City in writing, prior to performing the service set forth in the Notice to Proceed. Any services performed without the City’s prior express written authorization will not be compensated. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Dollars ($) (the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering Department Bid Proposal Package for “______________________________________________” received by the City of Carmel Board of Vendor Department - 2020 Appropriation # ; P.O. # Contract Not To Exceed $ [[P:\2015\02101\E. Reports_Specs\Bid Documents\02 - 116th & Rangeline RAB\NEW BID_JUNE 2021\4_CIB_Front End Specs.docx] 2 Public Works and Safety on or about ______________, 2020, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and are fit and sufficient for their particular purpose 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 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, Vendor Department - 2020 Appropriation # ; P.O. # Contract Not To Exceed $ [[P:\2015\02101\E. Reports_Specs\Bid Documents\02 - 116th & Rangeline RAB\NEW BID_JUNE 2021\4_CIB_Front End Specs.docx] 3 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. 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- Vendor Department - 2020 Appropriation # ; P.O. # Contract Not To Exceed $ [[P:\2015\02101\E. Reports_Specs\Bid Documents\02 - 116th & Rangeline RAB\NEW BID_JUNE 2021\4_CIB_Front End Specs.docx] 4 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 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 it is 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 Douglas C. Haney, One Civic Square Corporation Counsel Carmel, Indiana 46032 Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Vendor Department - 2020 Appropriation # ; P.O. # Contract Not To Exceed $ [[P:\2015\02101\E. Reports_Specs\Bid Documents\02 - 116th & Rangeline RAB\NEW BID_JUNE 2021\4_CIB_Front End Specs.docx] 5 Notwithstanding the above, notice of termination under paragraph 19 herein below 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. 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, 2020 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 Vendor Department - 2020 Appropriation # ; P.O. # Contract Not To Exceed $ [[P:\2015\02101\E. Reports_Specs\Bid Documents\02 - 116th & Rangeline RAB\NEW BID_JUNE 2021\4_CIB_Front End Specs.docx] 6 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. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 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. 28.2 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. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. Vendor Department - 2020 Appropriation # ; P.O. # Contract Not To Exceed $ [[P:\2015\02101\E. Reports_Specs\Bid Documents\02 - 116th & Rangeline RAB\NEW BID_JUNE 2021\4_CIB_Front End Specs.docx] 7 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: By: James Brainard, Presiding Officer Authorized Signature Date: Printed Name Mary Ann Burke, Member Date: Title Lori S. Watson, Member FID/TIN: Date: Last Four of SSN if Sole Proprietor:________ ATTEST: Date: Sue Wolfgang, Clerk Date: AR-1 Version 2018-12-19 APPENDIX A PROJECT: 16-ENG-37 – Roundabout Improvements 116th Street and Range Line Road WORK: As described by the Project plans and Contract Documents including, but not limited to: Roundabout construction at Range Line Road and 116th Street, roundabout construction at Range Line Road and Medical Drive, and corridor improvements along Range Line Road from 116th Street to Carmel Drive including mill and resurfacing, storm sewer installation, shared-use path and sidewalk construction, driveway construction, lighting, and landscaping. DESIGN BY: American Structurepont 9025 River Road Suite 200 Indianapolis, IN 46240 OWNER’S REPRESENTATIVE: Jeremy M. Kashman, PE City Engineer City of Carmel One Civic Square Carmel, IN 46032 AR-2 Version 2018-12-19 ADDITIONAL REQUIREMENTS Following are sample forms proposed to be used for the issuance of change orders, field orders, and work directive changes. Procedure for the development, submittal and processing of these forms will be discussed during the pre-construction conference. AR-3 Version 2018-12-19 CITY OF CARMEL OWNER: CITY OF CARMEL FIELD ORDER NUMBER DATE: PROJECT NAME: PROJECT NO: You are hereby directed to execute promptly this Field Orderwhich interprets the Contract Documents or orders minor changes in the Work without change in Contract Price or Contract Time. If you consider that a change in Contract Price or Contract Time is required, please submit your itemized proposal to the ENGINEER immediately and before proceeding with this Work. If your proposal is found to be satisfactory and in proper order, this Field Order will in that event be superseded by a Change Order. __________________________________________________________________ Description: Attachments: __________________________________________________________________ ENGINEER: Approved By: _______________________________________ Owners Representative Date: ___________________________________ AR-4 Version 2018-12-19 CITY OF CARMEL TO: WORK DIRECTIVE CHANGE NO.______________ DATE: ______________________________________ PROJECT NAME:_____________________________ PROJECT NO.: _______________________________ Specification Reference Drawing Reference: DESCRIPTION OF WORK COVERED BY THIS DIRECTIVE CHANGE: REASON FOR THIS ORDER: AUTHORIZATION: THIS WORK DIRECTIVE CHANGE AUTHORIZES THE WORK TO BE COMPLETED AS OUTLINED. A Contract Change Order in the amount of $______________ will be issued to you in the near future to cover this Work Directive Change. PROJECT COMPLETION DATE: ADD/DEDUCT/UNCHANGED ___________ DAYS. By:_______________________________ Approved By: Owner’s Representative CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY By:__________________________ James Brainard, Mayor By:__________________________ Mary Ann Burke, Member By:__________________________ Lori Watson, Member By:__________________________ Jeremy Kashman, PE, City Engineer DATE:_______________________ ATTEST: DATE:_______________________ Sue Wolfgang, Clerk AR-5 Version 2018-12-19 CITY OF CARMEL TO: REQUEST FOR PROPOSAL NO DATE: PROJECT NAME: PROJECT NO.: Specification Reference: Drawing Reference: _____________ Drawing Date: ____________ Identification of Attachments: Please submit within fifteen (15) calendar days of this request date a proposal showing increase, decrease or no change in Contract Price and/or Contract Time. Proposal shall be accompanied by four (4) copies of breakdown showing quantities, cost of material, equipment, labor, overhead, profit and basis for the additional time if any. DESCRIPTION OF PROPOSED CHANGE COVERED BY THIS REQUEST: REASON FOR CHANGE: SPECIAL INSTRUCTIONS: THIS REQUEST DOES NOT AUTHORIZE YOU TO PROCEED WITH THE ABOVE WORK NOR STOP PREVIOUSLY SCHEDULED WORK. Upon approval a Contract Change Order and a Notice To Proceed will be issued. Please state in your proposal the effect the acceptance of this Request will have on the Project’s Substantial Completion and Final Completion, if accepted within ___ days of proposal due date. YOUR PROPOSAL DUE DATE: _____________________________________ By: _____________________________________ _________________ Engineer Date Approved By: _________________________________ Owners Representative AR-6 Version 2018-12-19 CITY OF CARMEL TO: CONTRACT CHANGE REQUEST NO.: DATE: PROJECT NAME: FROM: IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE REFERENCED CONTRACT. 1. SCOPE OF WORK (USE ADDITIONAL PAGES IF REQUIRED. ALSO LIST OTHER CONTRACTS INVOLVED.) __________________________________________________________ __________________________________________________________ 2. REASON FOR CHANGE: _____________________________________________________________ _____________________________________________________________ 3. APPROXIMATE COST CHANGE TO CONTRACT PRICE: _____________________ 4. WILL THE CONTRACT NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN WORK SCOPE? _____ -YES _____ -NO _____ -(CALENDAR DAYS) 5. WILL THE CONTRACTOR NEED ADDITIONAL PERSONNEL TO COMPLETE THE CHANGE IN WORK SCOPE? _____ -YES _____ -NO IF NO, TRADE(S): _____________________________________ NO. OF PERSONNEL: _________________________________ DURATION: ______________________________________ 6. IDENTIFICATION OF ATTACHMENTS: ___________________________________________________________ ___________________________________________________________ DATE: _______________________ DATE: ________________________ PREPARED REVIEWED BY:____________ REVIEWED BY:____________________________ ENGINEER Comments and Recommendation: ____________________________________________________________________ ____________________________________________________________________ AR-7 Version 2018-12-19 CITY OF CARMEL TO: CONTRACT CHANGE ORDER NO.: DATE: PROJECT NAME: CITY REQ. NO.: CITY PO NO.: CITY PO DATE: _ ____________________________________________________________________ I. You are directed to make the following changes in this Contract: (Brief Description) SCHEDULED ADJUSTMENT ITEM AMOUNT (+) OR (-) DAYS II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.: ________ W.D.C. No.: _______ Other:_____________________________________________________________________ The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $_______________________ Contract Price will be increased/decreased by this Change Order $_______________________ New Contract Price including this Change Order $_______________________ Contract Time Prior to this Change Order ______ Days _______ Completion Date Net increased/decreased resulting from this Change Order_____ Days Current Contract Time including this Change Order_____ Days _______ Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are Recommended The Above Changes Are Accepted: Approved: ENGINEER CONTRACTOR James Brainard, Mayor Address Address Mary Ann Burke, Member Lori Watson, Member City/State/Zip City/State/Zip Jeremy Kashman, PE, City Engineer By: _____________________ By: _____________________ ATTEST: Phone:__________________ Phone:__________________ Sue Wolfgang, Clerk Date:___________________ Date:___________________ Date: _________________ AR-8 Version 2018-12-19 RIGHT OF ENTRY This RIGHT OF ENTRY IS GRANTED as of the day of , 20___ by the undersigned (Grantor) to and for the benefit of the <<brief work Description >>, by the City of Carmel, Indiana (Grantee). 1. Grantor, owner of the herein described real property (hereinafter referred to as the “Premises”), hereby grants to Grantee and its respective employees, agents and contractors, the right to enter upon the Premises as required for the purpose of performing any and all duties necessary to undertake the work outlined on the attached Exhibit A3, consisting of <XXXX> (y) pages (hereinafter referred to as the “Improvements”). The Premises are more fully described on Exhibits A1 and A2. 2. Grantee shall protect, indemnify, hold harmless and defend Grantor from and against any and all loss, cost, damage, expense, demand, claim, suit or other liability, including but not limited to reasonable attorney fees because of bodily injury, including death at any time resulting therefrom, or property damage which results from the acts of the Grantee, its employees, agents or contractors, while on the Premises. Grantee shall indemnify Grantor against any damage to the Premises caused by the Grantee, its employees, agents and contractors 3. Grantee shall not cause damage to the Premises, except the normal and reasonable construction disturbance associated with the installation of the Improvements. Upon completion of this work, Grantee shall promptly return the Premises to a condition that is equal to or better than its condition prior to the grant of this Right-of-Entry. 4. This Right-of-Entry shall terminate at such time as the Improvements are installed and the portion of the Premises affected by the installation of the Improvements is restored under Article 4 of this Right-of- Entry. IN WITNESS WHEREOF, Grantor has executed and delivers this instrument as of the day and year first above written. GRANTOR: By: Signature Printed Name Address: “Project Name” G-1 CITY OF CARMEL 1757668v2 General Conditions CITY OF CARMEL GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS ARTICLE 1 - ABBREVIATIONS AND DEFINITIONS 1.1 Abbreviations: The following abbreviations have the following meanings: AA - Aluminum Association AASHTO - American Association of State Highway & Transportation Officials ACI - American Concrete Institute AFBMA - Anti Friction Bearing Manufacturers Association AGA - American Gas Association AGMA - American Gear Manufacturers Association AHDGA - American Hot Dip Galvanizer Association AISC - American Institute for Steel Construction AISI - American Iron and Steel Institute ANSI - American National Standards Institute ARI - American Refrigeration Institute ASCE - American Society of Civil Engineers ASHRAE - American Society of Heating, Refrigeration & Air Conditioning Engineers ASME - American Society of Mechanical Engineers ASTM - American Society of Testing and Materials AWPI - American Wood Preservers Institute AWS - American Welding Society AWWA - American Water Works Association CBRI - Copper and Brass Research Institute CS - Commercial Standard (U.S. Department of Commerce) FTI - Facing Title Institute Fed. Spec. FS - Federal Specification (U.S.) IEEE - Institute of Electrical and Electronic Engineers IPCEA - Insulated Power Cable Engineers Association MSS - Manufacturers Standardization Society of the Valve and Fitting Industry NCMA - National Concrete Masonry Association NEC - National Electric Code (U.S.) NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPC - National Plumbing Code PS - United States Product Standards SAE - Society of Automotive Engineers SCPI - Structural Clay Products Institute UL - Underwriters Laboratories 1.2 Definitions: Wherever used and not otherwise defined in these General Conditions or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda/Addendum - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bid Documents or the Contract Documents. Agreement -The written Agreement between Owner and Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement or incorporated by reference into and made a part thereof as provided therein sometimes referred to as the “Contract”. “Project Name” G-2 CITY OF CARMEL 1757668v2 General Conditions Application for Payment - The form prescribed or approved by Owner and accepted by the Architect/Engineer which is to be used by Contractor in requesting progress or final payments and which is to include an approved schedule of values and/or such other supporting documentation as is required by the Contract Documents, including Affidavit and Waiver of Liens. Architect or Architect/Engineer - The person or other entity designated as Engineer by the Contract Documents. Bid Documents - Documents required to be submitted with the Bid. Bids - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds - Bid, Performance, Payment and Maintenance Bonds and other instruments of suretyship. The term shall include letters of credit as applicable. Change Order - A document issued on or after the Effective Date of the Agreement, recommended by the Engineer, which is signed by Contractor and Owner and which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time. Contract Documents - The Agreement and any exhibits thereto, Addenda (which pertain to the Contract Documents), Instructions to Bidders, Notice to Bidders, 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, the General Conditions, the Additional Requirements Section, any Supplemental Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Amendments, Modifications, and Supplements, Change Order, Work Change Directives, Field Orders and Engineer’s written interpretations and clarifications issued pursuant to Sections 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price - The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement. Contract Time - The number of days or the date stated in the Agreement for the completion of the Work. Contractor - The person, firm or corporation with whom Owner has entered into the Agreement. Defective - An adjective which when modifying the word Work refers to Work that is (i) unsatisfactory, faulty or deficient, in that it does not strictly conform to the requirements of the Contract Documents, (ii) does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or (iii) has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Sections 13.10 or 13.12). Drawings - The drawings which show the character, scope and extent of the Work to be furnished and performed by Contractor and which have been prepared or approved by Engineer and are referred to in the Contract Documents. “Project Name” G-3 CITY OF CARMEL 1757668v2 General Conditions 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. Engineer - The person, firm or corporation named, employed or designated as such by the Owner to act as such and designated to observe the Work, acting directly or through duly authorized representatives. 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. Field Order - A written order issued by Engineer or Owner which orders minor changes in the Work in accordance with Section 8.5 but which does not involve a change in the Contract Price or the Contract Time. Furnish - Purchase and deliver to the work site. When used in connection with the terms "Work” or services, the term shall also mean perform. Install - Incorporate into the Work equipment and materials furnished by others or the Contractor. Laws and/or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, administrative actions and/or orders of any court or governmental agency or unit having jurisdiction over the Work. Liens - Liens, charges, security interests or encumbrances upon real property or personal property. 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. Notice of Award - The written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. Notice to Proceed - A written notice given by Owner to Contractor (with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents. Owner - The City of Carmel, Indiana, acting by and through the agency or Department designated in the Agreement or other documents issued in solicitation of Bids; and such term shall also include the Project Manager or other duly appointed representative of such agency or department but shall not include Engineer. Partial Utilization - The placement of a portion of the Work in service, or beneficial occupancy and use thereof, for the purpose for which it is intended (or a related purpose) before Substantial Completion of all the Work. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. “Project Name” G-4 CITY OF CARMEL 1757668v2 General Conditions Provide - Furnish and install. Resident Project Representative - The authorized representative of Engineer who is assigned to the site or any part thereof. 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. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Contractor, to illustrate some portion of the Work and all illustrations, diagrams and other information prepared by a Supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work. Special Conditions -The part of the Contract Documents which amends or supplements these General Conditions based on Project or Work specific requirements. Specifications - Those portions of the Contract Documents consisting of written general or technical descriptions of materials, equipment, construction systems, standards, quality, quantity and workmanship as applied to the Work, including the performance thereof, and certain administrative details applicable thereto. 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. Substantial Completion - The stage of construction where, in the opinion of Owner, the Work (or specified portion thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be occupied, placed into service or otherwise utilized by Owner for the purpose for which it was intended. Substantial Completion may be evidenced by a certificate thereof issued by the Engineer and signed by the Owner. Supplier -A manufacturer, fabricator, supplier. distributor, 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. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or structures, and any encasements containing such facilities, which have been installed at or below the surface of the ground for the purpose of furnishing, storing, removing or transmitting electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, computer signals or data, sewage, drainage, traffic or other control systems, or water. Unit Price Work - Work to be paid for on the basis of unit prices established by the Contract Documents or by Change Order as an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a scope of work as described in the Bidding Documents. Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work includes and is the result and product of performing or furnishing labor and furnishing and “Project Name” G-5 CITY OF CARMEL 1757668v2 General Conditions incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive - A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by Owner, making any change in the Work within the general scope of the Contract Documents, including but not limited to changes (i) In the Specifications (including drawings and designs), (ii) In the time, method or manner of performance of Work, (iii) in facilities, equipment, materials, services or site, and (iv) directing acceleration in the performance of the Work. A Work Change Directive will not by itself change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order. Written Amendment - A written amendment of the Contract Documents, signed by Owner and Contractor on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Bonds. When Contractor delivers the executed Agreement to Owner, Contractor shall also deliver to Owner such Bonds as Contractor may be required to furnish in accordance with Article 5. 2.2 Delivery of Insurance. When Contractor delivers the executed Agreement to Owner, Contractor also shall deliver to Owner, with a copy to Engineer, certificates of Insurance (and other evidence thereof as requested by Owner) which Contractor is required to purchase and maintain in accordance with Article 5, and Owner shall deliver to Contractor certificates (and other evidence of insurance requested by Contractor) which, is required to purchase and maintain in accordance with Article 5. 2.3 Copies of Documents. Unless otherwise specified, Owner shall furnish to Contractor five (5) copies of the Contract Documents, or as many copies as are available from the printings made for bidding purposes and as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 2.4 Commencement of Contract Times Notice to Proceed. Subsequent to or concurrently with the execution of the Agreement, Owner shall give Contractor a written Notice to Proceed specifying the date on which Contractor shall commence the Work. The date designated in the Notice to Proceed shall be the date on which the Contract Time will commence to run. 2.5 Starting the Work. Contractor shall start to perform the Work on the date designated In the Notice to Proceed, but no Work shall be done at the site prior to the date of the Notice to Proceed. 2.6 Before Starting Construction. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures, standards, quantities, materials, field measurements, “Project Name” G-6 CITY OF CARMEL 1757668v2 General Conditions access, and other requirements or conditions affecting the work, Contractor shall promptly report in writing to Engineer any conflict, error, discrepancy or other adverse condition or circumstance which Contractor may discover, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. Contractor shall assume all risks and bear all costs associated with any conflicts, errors, ambiguities, discrepancies or conditions which are not discovered due to his failure to conduct such study and comparison, or which are discovered but not reported as required by this Section. 2.7 Initial Schedule and Submissions. Within ten (10) days after the Effective Date of the Agreement Contractor shall submit to Engineer for review: 2.7.1 A proposed progress schedule indicating the starting and completion dates of the various stages of the Work to be performed under this Contract. This schedule shall be in the form of an Arrow Diagram and shall reflect the Contract completion date. Engineer will review the proposed progress schedule to determine conformity to the Contract Documents. During the course of performing the Work, Contractor shall, at least monthly, submit to Engineer a revised progress schedule indicating any anticipated change from the original or previously revised progress schedule. The revised schedule shall include provisions for performing Work authorized under approved Change Orders. Engineer will review the original and revised progress schedules for general conformity with the Contract Documents and will make recommendations to the Owner concerning approval thereof; however the review, approval or other action taken by Engineer or Owner in respect of such schedules shall not relieve the Contractor of it’s obligations to perform the Work within the Contract Time. If Contractor shall fail to adhere to the approved original or revised progress schedule, except when due to Excusable Delays for which a claim has been submitted by Contractor and approved by Owner, he shall promptly adopt such other or additional means and methods of construction and commit such additional manpower, equipment and other resources as necessary to make up for the time lost and to assure completion of the Work in accordance with the Contract Documents. 2.7.2 A preliminary submittal schedule showing proposed dates for submission of required Shop Drawings, Samples and product data. Such schedule shall also include such durations as prescribed by Engineer to account for anticipated time allotments for review, approval or other action upon submittals by Engineer and additional allowances for resubmittals by Contractor; and 2.7.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each Item of Work, which will be confirmed in writing by Contractor at the time of submission. “Project Name” G-7 CITY OF CARMEL 1757668v2 General Conditions 2.7.3.1 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. 2.7.3.2. Where the work is covered by Unit Prices, and item(s) for mobilization, as described in 2.7.3.1 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%). 2.7.3.3 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 2.7.3, 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. 2.7.3.4 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. “Project Name” G-8 CITY OF CARMEL 1757668v2 General Conditions 2.7.4 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 2.7.3 for those lump sum items. 2.8 Preconstruction Conference. Before Contractor starts the Work at the site, a conference attended by Contractor, Owner, Engineer, and others as appropriate will be held to discuss the schedules referred to in Section 2.7, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish other procedures and understandings bearing upon coordination and performance of the Work. 2.9 Finalizing Schedules. 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 finalize the schedules submitted in accordance with Section 2.7. 2.9.1 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. 2.9.2 The finalized 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. 2.9.3 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. 2.9.4 Contractor's schedule of values will be acceptable to Engineer as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS 3.1 Integration of Contract Documents. The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Indiana and without regard to the party by or for whom they were prepared or drafted. 3.2 Intent and Meaning. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance therewith. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents, as being required to produce the intended result will be supplied whether or not specifically called for. Notations, details or other descriptions, which apply to one of a number of situations, materials, processes or Work items, shall apply to all except as specifically stated otherwise. When words which have a well-known technical or trade meaning are used to describe “Project Name” G-9 CITY OF CARMEL 1757668v2 General Conditions Work, materials or equipment, such words shall be given that meaning unless a different meaning is reasonably apparent as determined by the Engineer. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code or Laws or Regulations in effect at the time of opening of Bids. If said standard specification, manual or code or Laws or Regulations are promulgated, amended, revised or otherwise changed subsequent to the opening of Bids, Contractor shall notify Owner who may direct compliance under Section 9.1. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of Owner, Contractor or Engineer, or any of their consultants, agents or employees, or to limit or impair any right or remedy of the Owner, as set forth in the Contract Documents, nor shall it be effective to assign to the Owner, Engineer or any of their respective consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility, contrary to the provisions of Section 8.10 or 8.11. 3.3 Duty To Report Discrepancies. If, during the performance of the Work, Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor shall so report to Engineer in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from Engineer. 3.4 Major Modification. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof by (i) a formal Written Amendment, or (ii) a Change Order (pursuant to Section 9.4) or (iii) a Work Change Directive (pursuant to Section 9.1). As indicated in Sections 10.2 and 11.5, the Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5 Minor Deviations. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized by (i) a Field Order (pursuant to Section 8.5), or (ii) an Engineer’s approval of a Shop Drawing, Working Drawing, or Samples (pursuant to Section 6.22) or an Engineer’s written interpretation or clarification (pursuant to Section 8.4). 3.6 Reuse of Documents. Neither Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with Owner shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer; and they shall not reuse any of them on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. “Project Name” G-10 CITY OF CARMEL 1757668v2 General Conditions ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS 4.1 Availability of Lands. Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated 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 believes that any delay in Owner furnishing these lands, rights-of-way or easements entitles Contractor to an extension of the Contract Time, Contractor may make a claim therefore as provided in Article 11. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.1.1 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 (Excluding Underground Facilities). Reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) have been utilized and relied upon by Engineer in preparing the Contract Documents. Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings but such reports and drawings are not Contract Documents. Such "technical data” is identified in the Specifications. Except for reliance on such “technical data”, Contractor may not rely upon and may not make any claim against Owner, Engineer or any of Engineer's Consultants with respect to (i) the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings. 4.3 Differing Subsurface or Physical Conditions. If Contractor uncovers, observes or otherwise becomes aware of any subsurface or physical condition (other than Underground Facilities) at or contiguous to the site and believes that such condition either (i) differs materially from that shown or indicated in the Contract Documents, (ii) is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, or (iii) is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as “Project Name” G-11 CITY OF CARMEL 1757668v2 General Conditions provided in paragraph 4.2 is materially inaccurate; then Contractor shall, immediately upon becoming aware thereof and before further disturbing or taking other action in respect thereof or performing any Work in connection therewith (except in an emergency as permitted by Section 6.21), notify Owner and Engineer in writing about such condition, which notice shall state the Contractor’s recommendations or proposals for taking action in connection with the conditions. 4.3.1 Contractor shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of a written directive from Owner or Engineer to do so, but to the fullest extent possible Contractor shall continue to prosecute all other Work not affected by the conditions; 4.3.2 Engineer will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions; 4.3.3 If Owner in consultation with the Engineer concludes that a change in the Contract Documents or other action is required because of the conditions, a Work Change Directive or other instructions or interpretations may be issued as provided in Article 9 to reflect and document the consequences of the conditions; 4.3.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, may be allowable, but only to the extent that (i) evidence of such conditions could not with the exercise of reasonable competence and diligence have been discovered or foreseen by Contractor prior to submission of the Contractor’s Bid, (ii) the Contractor, by the terms of the Contract Documents, has not assumed the risk of such conditions, and (iii) Contractor has explicitly fulfilled the written notice requirements provided by this Section 4.3. The Contractor shall in no event be entitled to an increase in the Contract Price in excess of direct costs to perform authorized additional or changed Work to address the conditions, without additional allowances for delays or suspension of Work. If Owner and Contractor are unable to agree as to the amount or length of the adjustment to the Contract Price or Time, a claim may be made there for as provided in Articles 10 and 11. However, Owner and Engineer shall not be liable to Contractor for any incidental or consequential damages, claims or costs including, but not limited to, costs, losses or damages incurred or sustained by Contractor on or in connection with any other project or anticipated project or home office overhead. 4.4 Underground Facilities. 4.4.1 Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner “Project Name” G-12 CITY OF CARMEL 1757668v2 General Conditions or Engineer by the owners of such Underground Facilities or by others. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data. Contractor shall have the sole responsibility for reviewing and checking all such information and data, for locating all Underground Facilities, shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in Section 6.20 and for repairing any damage thereto resulting from the Work or Contractor's operations, the cost of all of which having been included in the Contract Price. 4.4.2 Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and of which Contractor could not reasonably have been expected to be aware, Contractor shall promptly after becoming aware thereof and before further disturbing conditions affected thereby (except in an emergency as permitted by Paragraph 6.21), notify the owner of such Underground Facility and give written notice thereof to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, Contractor shall be allowed an extension of the Contract Time, provided such delay affects the critical path, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and of which Contractor could not reasonably have been expected to be aware. If the parties are unable to agree as to the amount or length thereof, Contractor may make a claim therefore as provided in Articles 10 and 11. However, Owner and Engineer shall not be liable to Contractor for any incidental or consequential damages, claims or costs, including but not limited to, losses or damages incurred or sustained by Contractor on or in connection with any other project or anticipated project, home office overhead, or for any claims, costs, losses or damages caused by or arising from any assessment, penalty or other liability imposed upon Contractor by utility companies or third parties. 4.5 Reference Points and Layout. Owner or other parties will provide engineering surveys for construction to establish reference points for construction as determined by Engineer to be necessary to enable Contractor to proceed with the Work unless otherwise specified. Contractor shall be responsible for laying out the Work, shall locate all mechanical and electrical services uncovered by excavation, shall establish all grades, lines, levels and bench-marks, and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer when any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be “Project Name” G-13 CITY OF CARMEL 1757668v2 General Conditions responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Contractor shall maintain a bound surveyor's field notebook to accurately record all discrepancies, if any, discovered in Owner’s data. The field notebook shall be furnished to and become the property of Owner upon completion of the Work. 4.6 Lines and Grades. 4.6.1 All work under this Contract shall be constructed in accordance with the lines and grades shown on the Plans, or as given by Engineer. The full responsibility for keeping alignment and grade shall rest upon Contractor. Contractor shall establish base line controlling points. Reference marks for lines and grades shall be set by Contractor as the Work progresses and will be located to cause as little inconvenience to the prosecution of the Work as possible. Contractor shall place excavation and other materials so as to cause no inconvenience in the use of the reference marks provided. Contractor shall remove any obstructions placed by Contractor contrary to this provision at no cost to Owner. 4.6.2 Contractor shall furnish and maintain, at his own expense, stakes and other such materials, and give such assistance, including qualified helpers, as may be required by Engineer for setting and checking line and grade reference marks. Contractor shall check such reference marks by such means as he may deem necessary and, before using the reference marks, shall call Engineer’s attention to any inaccuracies. Contractor shall, at his own expense, establish all working or construction lines and grades as required from the reference marks set by Engineer, and shall be solely responsible for the accuracy thereof. Contractor shall, however, be subject to the check and review of Engineer. Contractor shall keep Engineer informed a reasonable time in advance as to his need for line and grade reference marks, in order that they may be furnished and all necessary measurements made for record and payment with the minimum of inconvenience to Engineer or of delay to Contractor. When necessary, working operations shall be suspended for such reasonable time as Engineer may require for this purpose. 4.6.3 Contractor shall safeguard all points, stakes, grade marks, monuments and beach-marks made or established on the Work, bear the cost of reestablishing them if disturbed, and bear the entire expense of rectifying work improperly installed due to not maintaining or protecting or to removing without authorization such established points, stakes and marks. Contractor shall safeguard all existing and known property corners, monuments and marks adjacent to but not related to the Work and, if required, shall bear the cost of reestablishing them if disturbed or destroyed. 4.6.4 All elevations indicated or specified refer to the Mean Sea Level Datum Plane, 1929 General Adjustment, of the United States Coast and Geodetic “Project Name” G-14 CITY OF CARMEL 1757668v2 General Conditions Survey and are expressed in feet and decimal parts thereof, or in feet and inches. 4.7 Hazardous Materials. 4.7.1 For the purpose of this section, “Hazardous Material” means any hazardous, special, radioactive or toxic substance, material or waste which is or becomes regulated by any local government authority, the State of Indiana or the United States Government. The term “hazardous material” includes, without limitation, any material or substance which is (i) defined as a “hazardous substance” under I.C. 13-7-8.7-1 of the Indiana Hazardous Substance Response Trust Fund Act, (ii) petroleum, (iii) asbestos, (iv) designated as a hazardous substance pursuant to the Federal Water Pollution Control Act (33 U.S.C. § 1251 et. seq.), (v) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), (vi) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq., (vii) defined as a “regulated substance” pursuant to the Solid Waste Disposal Act (42 U.S.C. § 6991 et seq.), (viii) defined as a toxic “chemical substance” pursuant to the Toxic Substance Control Act (7 U.S.C. § 136 et seq.), (ix) defined as a "hazardous chemical" or "hazardous substance" pursuant to the Emergency Planning and Community Right to Know Act (42 U.S.C. § 11001 et seq.) or (x) defined as a “radioactive waste” pursuant to the Atomic Energy Act (42 U.S.C. § 2011 et seq.) 4.7.2 Owner shall be responsible for the existence of any Hazardous Materials uncovered or revealed at the site, which were not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Owner shall not be responsible for any such materials brought to the site by Contractor, Subcontractor, Supplier or anyone else for whom Contractor is responsible. 4.7.3 Contractor shall be the party responsible for reporting to the appropriate agencies and authorities any release or discharge of any Hazardous Materials. 4.7.4 Upon encountering any Hazardous Materials Contractor shall immediately (i) stop all Work in connection with such Hazardous Materials and in any area affected thereby (except in an emergency as required by Section 6.21), (ii) notify the appropriate agencies or authorities, (iii) notify Owner and Engineer (and thereafter confirm such notice in writing), (iv) establish site security by excluding unnecessary traffic and personnel from the affected area, (v) conduct operations within the affected area to minimize exposure to personnel and the general public and to eliminate the potential for airborne dispersion, and (vi) as necessary to carry out the requirements of this section, handle, store and/or dispose of Hazardous Materials in a proper manner. “Project Name” G-15 CITY OF CARMEL 1757668v2 General Conditions 4.7.5 Contractor shall remain responsible for the jobsite until Owner has been notified of the uncovering or revealing of Hazardous Materials and Owner has assumed formal control of the worksite from Contractor. 4.7.6 After completing the above obligations, Contractor shall be required to resume Work in connection with such Hazardous Materials, if directed by Owner, after Owner has obtained any required permits related thereto and established any special terms or conditions under which said Work shall be performed. 4.7.7 Contractor claims qualifying under this section are intended to be treated as differing site condition claims and therefore the provisions of Sections 4.2 and 4.3 apply. ARTICLE 5 – BONDS, INSURANCE AND INDEMNIFICATION. 5.1 Performance, Payment and Other Bonds. Contractor shall furnish Performance and Payment Bonds, each in an amount at least equal to one hundred percent (100%) of the Contract Price as security for the faithful performance and payment of all Contractor’s obligations under the Contract Documents. These Bonds shall remain in effect at least until one (1) year after final payment and settlement with the Contractor and as provided otherwise by Law or Regulation or by the Contract Documents. All Bonds shall be in the forms prescribed by Law, Regulation, and the Contract Documents and be executed by such Sureties as (i) are licensed to conduct business in the State of Indiana, and (ii) are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the power of attorney or other instrument establishing the such agent's authority to act. 5.2 Maintenance Bond. Contractor shall, as a condition to Owner’s obligation to make final payment, supply a three (3) year Maintenance Bond executed by a surety meeting the qualifications set forth in the preceding Section and in such form as prescribed by the Contract Documents, which bond shall secure the obligations contained in Section 12.7, beginning on the date of Final Acceptance in an amount equal to ten percent (10%) of the Contract Price as adjusted for Change Orders or such different percentage as may be specified by other Contract Documents. 5.3 Additional Requirements. 5.3.1 Substitute Bonds. If the Surety on any Bond furnished by Contractor becomes a party to a supervision, liquidation, rehabilitation or other similar action, or if its right or lawful authority to do business in the State of Indiana is terminated, Contractor shall, within ten (10) days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. Failure of Contractor to obtain a substitute Bond shall constitute a “Project Name” G-16 CITY OF CARMEL 1757668v2 General Conditions material breach of Contract and may at the option of Owner result in the termination of the Contract upon the ground of Contractor’s default. 5.3.2 Licensed Sureties and Insurers. 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-". 5.3.3 Certificates of Insurance. Contractor shall deliver to Owner, with copies to each Additional Insured identified in the Contract Documents and Special Conditions, if any, 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. 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. 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. 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. Contractor shall purchase and maintain such commercial general liability and other insurance as is required for the Work being performed and furnished and as will protect Contractor, Owner and Engineer, their employees, officers, or agents from (i) claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts 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 “Project Name” G-17 CITY OF CARMEL 1757668v2 General Conditions engaged in such Work unless such employees are covered by the coverage afforded by the Contractor's insurance; (ii) 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 (i), but required by the Contract Documents to provide the insurance required therein; (iii) claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; (iv) claims for damages insured by personal injury liability coverage which are sustained by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or by any other person for any other reason; (v) claims for damages, other than to the Work itself, because of physical injury to or destruction of tangible property wherever located, including loss of use resulting there from; (vi) claims for bodily injury or property damage arising out of completed operations; and (vii) claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification requirements of Section 5.11. i. 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.) ii. 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. iii. 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." iv. 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. v. 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. vi. This policy shall cover the total Project and include explosion, collapse, and underground coverages for the entire Work provided by the Contractor and Subcontractors. “Project Name” G-18 CITY OF CARMEL 1757668v2 General Conditions vii. The policy shall stipulate that the "designated Contractor” includes the Contractor and all Sub-contractors engaged in the Work. viii. The original policy shall be submitted to and filed with the Owner or its designated representative. 5.4.1 The insurance required by this Section shall be written for not less than the minimum limits of liability and coverages as provided herein or as required by Law, or by the Special Conditions, whichever is greater. The Commercial General Liability Insurance shall include coverage of (i) premises and operations, (ii) Contractual liability as applicable to any indemnification hold harmless agreements in the Contract Documents, (iii) Products and Completed Operations, with completed operations coverage being maintained for a period of one (1) year after final payment and Contractor shall continue to provide evidence of such coverage to Owner during the aforementioned period, (iv) Broad form Property Damage - including completed operations, (v) Fellow Employee claims under Personal Injury; and (vi) Independent contractors. Such insurance shall specifically include coverage for property damage from explosion, collapse, and underground operations. Coverage for explosion, collapse, and underground operations shall include blasting or explosion, collapse of structures or structural injury due to grading of land, excavation, filling, back filling, tunneling, pile driving, caisson work, moving, shoring, underpinning, raising of or demolition of any structure, or removal or rebuilding of any structural support of a building or structure. Such insurance shall further include coverage for damage to wires, conduits, pipes, mains, sewers, or other similar apparatus encountered below the surface of the ground when such damage is caused by any occurrence arising out of the performance of the Work, performed by Contractor or by any Subcontractor or anyone directly or indirectly employed by either. 5.4.2 The 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. “Project Name” G-19 CITY OF CARMEL 1757668v2 General Conditions 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 - $5,000,000; Coverage to include exposures listed in 5.4.2.2; Coverage includes Contractual Liability and Broad Form Property Damage including Completed Operations; Coverage to apply on a “Per Project” basis in order that coverage will not be diminished by unrelated work. C. Commercial Automobile Liability (Owned, Leased, Hired/Non-Owned): Bodily Injury & Property Damage - $5,000,000 / occurrence. All coverages provided above shall be endorsed to include the Owner, Engineer 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 Subcontractors, Sub-subcontractors and Suppliers. 5.4.3 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. 5.4.4 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 5.3.3, is required to confirm compliance with this requirement. Any additional premiums resulting from such reinstatement shall be at no additional cost to Owner. 5.4.5 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. 5.4.6 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, “Project Name” G-20 CITY OF CARMEL 1757668v2 General Conditions 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). 5.4.7 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 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. 5.4.9 Contractor shall be responsible for paying all deductible amounts. 5.5 Owner’s Liability Insurance. In addition to the insurance required in Section 5.4 by Contractor, Owner, at Owner’s option, may procure and maintain Owner's own liability insurance as will, in Owner’s opinion, protect Owner from any contingent liability to others or damages because of bodily injury, including death and property damage, which may arise from operations under this Agreement. 5.6 Property Insurance. Owner shall purchase and maintain property insurance / builder’s risk insurance upon the Work at the site of the Project in the amount of the full replacement cost thereof, except for the errors and omissions of the Engineer. 5.6.1 The Owner shall purchase and maintain special form coverage and include demolition occasioned by enforcement of Laws and Regulations; earthquake; water damage; and such other perils as may be specifically required by the General Conditions Builders Risk Property Insurance upon the Work at the site to the full insurable replacement cost value thereof, including underground pipelines. The Owner shall also purchase and maintain special form coverage and include demolition occasioned by enforcement of Laws and Regulations; earthquake; water damage; and such other perils as may be specifically required by the General Conditions on any property, whether real property or personal property, whether or not it is located at the site or in transit, in which the Owner and/or Engineer have an insurable interest as evidenced by current Estimates, or other terms of this Agreement, and include the interests of Owner, Contractor, Subcontractors of any tier, Engineer, Engineer's Consultants and any other persons or entities identified in the General Conditions, each of whom is deemed to have an insurable interest and shall be listed as an additional insured. 5.6.2 This coverage is to be provided on a separate Builder's Risk completed value policy, with special form coverage. This insurance shall: “Project Name” G-21 CITY OF CARMEL 1757668v2 General Conditions 5.6.2.1 include expense incurred in the repair or replacement of any insured property (including, but not limited to, fees and charges of Engineers and architects); 5.6.2.2 cover materials, property, and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work; 5.6.2.3 be maintained in effect until final payment and settlement is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty (30) days written notice to each other additional insured to whom a certificate of insurance has been issued prior to the cessation of such coverage. 5.6.3 Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Special Conditions or Laws and Regulations which will include the interests of Owner. Contractor, Subcontractors, Engineer, Engineer's Consultants and any other persons or entities identified in the Special Conditions each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.7 Waiver of Subrogation. 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 Acceptance of Insurance. If Owner has any objection to the coverage afforded by or other provisions of the Insurance required to be purchased and maintained by Contractor in accordance with this Article, on the basis of its not complying with the Contract Documents, Owner will notify Contractor in writing thereof within ten (10) days of the date of delivery of such certificates to Owner in “Project Name” G-22 CITY OF CARMEL 1757668v2 General Conditions accordance with Section 2.7. Contractor shall provide to Owner such additional information in respect to insurance provided by Contractor as Owner may reasonably request. Failure by Owner to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by Contractor as complying with the Contract Documents. With the prior approval of Owner, Contractor may substitute different types or amounts of coverage for those specified as long as the total amount of required protection is not reduced. 5.9 Partial Utilization Property Insurance. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Section 13.12; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. 5.10 No Limit To Liability. Nothing in this Article shall operate or be construed as limiting the amount of liability of Contractor to the above enumerated amounts. 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) 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. “Project Name” G-23 CITY OF CARMEL 1757668v2 General Conditions 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 - CONTRACTORS RESPONSIBILITIES 6.1 Supervision. 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 strictly with the Contract Documents. 6.2 Resident Superintendent. Contractor shall keep on the work site at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor’s representative at the site and shall have authority to act on behalf of Contractor. All communications given to or issued by the superintendent shall be as binding as if given to or issued by Contractor. 6.3 Personnel and Work Hours. Contractor shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without Owner's written consent given after prior written notice to Engineer. 6.4 Full Responsibility. Unless otherwise specified in the Contract Documents, Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other temporary facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. “Project Name” G-24 CITY OF CARMEL 1757668v2 General Conditions 6.5 General Standards of Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If required by Engineer or Owner, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable supplier, except as otherwise provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to Owner, Engineer, or any of Engineer’s consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Sections 8.10 or 8.11. 6.6 Progress Schedule. Contractor shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time. Contractor shall submit to Engineer for acceptance (to the extent indicated in Section 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 Conditions applicable thereto. 6.7 Substitute or “Or Equal” Items. Whenever, in the Contract Documents, an article, material, apparatus, equipment, or process is called for by trade name or by the name of a patentee, manufacturer, or dealer or by reference to catalogs of a manufacturer or dealer, It shall be understood as intending to mean and specify the article, material, apparatus, equipment, or process designated, or any approved equal thereto in quality, finish, design, efficiency and durability and equally serviceable for the purposes for which it is intended. Whenever material or equipment is submitted by Contractor for approval as being equal to that specified, the submittal shall include sufficient information and data to demonstrate that the material or equipment conforms to all Contract requirements. The decision as to whether or not such material or equipment is equal to that specified shall be made by the Owner in consultation with Engineer. Neither the approval of alternate material or equipment as being equivalent to that specified nor the furnishing of the material or equipment specified, shall in any way relieve Contractor of responsibility for failure of the material or equipment, due to faulty design, material, or workmanship, to perform the functions required by the Contract Documents. 6.8 Engagement of Subcontractors, Suppliers and Others. General Contractor must contribute at least 15% of the contract price in work, materials services or any combination thereof. Contractor shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom Owner or Engineer may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom Contractor has reasonable objection. If the Contract Documents require the identity of certain “Project Name” G-25 CITY OF CARMEL 1757668v2 General Conditions Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to Owner prior to the Effective Date of the Agreement, for acceptance by Owner and Engineer, and if Contractor has submitted a list thereof in accordance with the Contract Documents, Owner's or Engineer's acceptance or acquiescence as to any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case Contractor shall submit an acceptable substitute, in which case the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by Owner or Engineer of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of Owner or Engineer to reject Defective Work. 6.9 Responsibility For Others. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of his Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between Owner or Engineer and any Subcontractor, Supplier or other person or organization, except as to warranties enforceable by Owner as against such parties, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization, except as may otherwise be required by Laws and Regulations. 6.9.1 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. 6.9.2 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. 6.9.3 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. 6.10 Allocation of Work. The sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11 Subcontract Provisions. All Work performed by Subcontractors will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to these General Conditions and the “Project Name” G-26 CITY OF CARMEL 1757668v2 General Conditions applicable terms and conditions of all other Contract Documents for the benefit of the 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. 6.12 Patent Fees and Royalties. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. To the fullest extent permitted by Law, Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, costs, attorneys’ fees, damages, losses and expenses (including attorney fees and court and arbitration costs) 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, and shall defend at it sole cost, if requested by Owner or Engineer, all such claims in connection with any alleged infringement of such rights. 6.13 Permits. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. Contractor shall pay all charges of utility owners for connections to the Work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14 Laws and Regulations. Contractor shall give all notices and comply with all Laws and Regulations in effect during the furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with Laws or Regulations. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor 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 “Project Name” G-27 CITY OF CARMEL 1757668v2 General Conditions certain that the Specifications and Drawings are in accordance with Laws and Regulations, however, this shall not relieve Contractor of Contractor’s obligations under this paragraph or under Section 2.6 or Section 3.3. If Contractor performs any Work knowing or having reason to know that it is contrary to such Laws and Regulations, and without such notice to Engineer and Owner, Contractor shall bear the risk of all claims, costs, losses and damages caused by, arising out of or resulting therefrom. 6.15 Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations applicable to the place where the Project is located. Owner is required by statute to withhold certain taxes, including Indiana State Gross Income tax, from all payments made to non-resident contractors who are corporations and to remit such tax quarterly to the Indiana Department of Revenue. A foreign corporation, which is registered with the Indiana Secretary of State to do business in Indiana, shall be exempt from this withholding requirement. Exemption certificates for the Indiana Gross Retail tax (sales tax) for property that becomes property of Owner and all Federal Excise tax can be furnished by Owner and therefore such taxes shall not be included in the Contract Price. Contractor may request exemption certificate forms directly from Owner. 6.16 Use of Premises. Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents, 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 contiguous thereto, resulting from the performance of the Work. 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, other dispute resolution proceeding or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold Owner and Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against Owner or Engineer to the extent based on a claim arising out of Contractor's performance of the Work 6.17 Control of Waste. During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, machinery and surplus materials, and shall leave the site clean and ready for occupancy by Owner. Contractor shall “Project Name” G-28 CITY OF CARMEL 1757668v2 General Conditions restore to original condition all property not designated for alteration by the Contract Documents. 6.18 Loads on Structures. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.19 Record Documents. Contractor shall maintain in a safe place at the site one record copy of all Specifications, Drawings, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to Section 8.4) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, samples and Shop Drawings shall be delivered to Engineer for Owner as a condition to Contractor’s right to receive final payment. 6.20 Safety and Protection. 6.20.1 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work and shall take all necessary precautions for the safety of, and provide the necessary protection to prevent damage, injury or loss to (i) all employees on the Work and other persons and organizations who may be affected thereby, (ii) all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and (iii) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. 6.20.2 Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property, owners of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in Section 6.20.1 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or Supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or “Project Name” G-29 CITY OF CARMEL 1757668v2 General Conditions indirectly, in whole or in part, to the fault or negligence of Contractor). Contractor’s duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Section 13.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.20.3 Pursuant to I.C. 36-1-12-20, all Work which requires the creation of a trench or hole of at least five (5) feet in depth, shall be provided with a trench safety system. Trench safety systems shall meet all of the requirements of IOSHA Regulations 29 C.F.R. 1926, Subpart P or other applicable safety standards and regulations. The cost or compliance with any and all such regulations shall be borne by the Contractor without any increase in the Contract Price. Owner shall pay for the trench safety system as a separate pay item if one is provided on unit cost work; or, if a separate pay item is not provided, Owner shall pay for the safety system as part of the pay item or schedule of values item for the principal Work with which the safety system is associated, as determined by Engineer. 6.20.4 Contractor shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be Contractor’s superintendent unless otherwise designated in writing by Contractor to Owner. 6.20.5 Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. 6.21 Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, Contractor, without special instruction or authorization from Engineer or Owner, is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Engineer and Owner immediate written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents are caused thereby. If Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order will be issued to document the consequences of the changes or variations. 6.22 Shop Drawings and Working Drawings. 6.22.1 Contractor shall promptly prepare and submit layout, detail and shop drawings to insure proper construction, assembly, and installation of the Work using those materials and equipment specified in the Technical Specifications. Such drawings will be known as “Working Drawings”. A schedule of Working Drawings submissions shall be submitted for Engineer’s approval on a form acceptable to Engineer within ten (10) days of the effective date after the signing of the Agreement by Owner “Project Name” G-30 CITY OF CARMEL 1757668v2 General Conditions 6.22.2 Working Drawings shall be numbered consecutively and shall accurately and distinctly present (i) all working and erection dimensions, (ii) arrangements and sectional views, (iii) necessary details, including complete information for making connections between Work under this Contract and work under other contracts, (iv) electrical wiring connections between all equipment furnished under the Contract, including all internal wiring between internal components of equipment, (v) kinds of materials and finishes, and (vi) parts lists and description thereof. 6.22.3 Drawings for mechanical and electrical equipment shall present, where applicable, such data as dimensions, weight and performance characteristics. This data shall show conformance with the performance characteristics and other criteria incorporated in the Contract Documents. Each drawing or page shall include (i) submittal date and revision dates, (ii) project name, division number and descriptions, (iii) Detailed Specifications section number and page number, (iv) identification of equipment, product or material, (v) name of Contractor and Subcontractor, (vi) name of Supplier and Manufacturer, (vii) relation to adjacent structure or material, (viii) field dimensions, clearly identified, (ix) ASTM, Federal and other Specification references, (x) space for Engineer's stamps (xi) identification of deviations from the Contract Documents, (xii) Contractor’s stamp, initialed or signed, dated and certifying to review of submittal, certification of field measurements and compliance with Contract, and (xiii) location at which the equipment or materials are to be installed (both physical location and location relative to other connected or attached material). Engineer will return, unchecked, any submittal which does not contain complete data on the Work and full information on related matters. Stock or standard drawings will not be accepted for review unless full identification and supplementary information is shown thereon in ink or typewritten form. 6.22.4 Contractor shall check and approve all Working Drawings before transmitting them to Engineer to determine that they comply with requirements of the Contract Documents. Drawings which are incomplete or are not in compliance with the Contract Documents shall not be submitted for processing by Engineer. Contractor shall place his signature or initials on his stamp of approval on all Working Drawings submitted to Engineer to indicate compliance with this requirement. Contractor's approval shall constitute a representation that all quantities, dimensions, field construction criteria, materials, catalog numbers, performance criteria and similar data have been verified and that, in his opinion, the submittal fully meets the requirements of the Contract Documents. Contractor shall schedule, prepare and submit all working drawings in accordance with a time-table that will allow his Suppliers and Manufacturers sufficient time to fabricate, manufacture, inspect, test and deliver their respective products to the project site in a timely manner so as to not delay the complete performance of the Work. The time-table so developed shall be in conformance with the completion dates specified in the Agreement. “Project Name” G-31 CITY OF CARMEL 1757668v2 General Conditions 6.22.5 If the Working Drawings show departures from the Contract requirements, Contractor shall make specific mention thereof in his letter of transmittal, otherwise approval of such submittals by Engineer shall not constitute approval of the departure. Approval of the drawings shall constitute approval of the subject matter thereof only and not of any structure, material, equipment or apparatus shown or indicated. 6.22.6 The approval of Working Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or work required by the Contract and not indicated on the drawings. No Work called for by Working Drawings shall be done until such drawings have been approved by Engineer. 6.22.7 The procedure in seeking approval of the Working Drawings shall be as follows: .1 Contractor shall submit six (6) complete sets of drawings and other descriptive data together with six (6) copies of a letter of transmittal to Engineer for approval. The letter of transmittal shall contain the name of the Project, Workmanship and Materials section number, the name of Contractor, the list of drawings submitted including numbers and titles, requests for any approval of departures from the contract requirements and any other pertinent information. .2 Drawings or descriptive data will be stamped "Approved”, “Approved as Noted”, or “Not Approved” by the Engineer, and one (1) copy with a letter of transmittal will be returned to Contractor. .3 If a drawing or other data is stamped "Approved”, Contractor shall insert the date of approval on six (6) additional copies of the document and transmit the six (6) copies to Engineer together with one copy of a letter of transmittal containing substantially the same information required in Sub-Section .1. .4 If a drawing or other data is stamped “Approved as Noted', Contractor shall make the corrections indicated and proceed as in Sub-Section .3. .5 If a drawing or data is stamped “Not Approved”, Contractor shall make the necessary corrections and resubmit the documents as required in Sub-Section .1. The letter transmitting corrected documents shall indicate that the documents comprise a resubmittal. .6 If any corrections, other than those noted by Engineer, are made on a Working Drawing prior to resubmittal, such changes must be pointed out by Contractor upon resubmittal. .7 Contractor shall revise and resubmit the Working Drawings as required until approval thereof is obtained. Costs associated with the Engineer’s review of any third and subsequent submittals shall be borne by Contractor. Contractor shall be billed for these costs by “Project Name” G-32 CITY OF CARMEL 1757668v2 General Conditions Owner or the Owner may deduct such costs from subsequent payment. 6.23 Continuing the Work. 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 Section 14.5 or as Contractor and Owner may otherwise specifically agree in writing. Any work stoppage, delay, suspension or significant reduction in manpower, or removal of equipment from the site, determined by the Engineer or Owner to have occurred by reason of any such unresolved dispute or disagreement shall constitute an event of default thereby subjecting Contractor to termination of the Contract. 6.24 Subcontractor and other Liens. Contractor agrees and warrants to the Owner that no claim or lien shall attach to or be filed on the Project by virtue of Contractor’s default in paying any employee, subcontractor or supplier. Should such claim or lien be filed, payment otherwise due the Contractor will not be due until Contractor delivers to Owner a complete release of such claim or lien, or, at Owner’s option, a bond satisfactory to Owner indemnifying Owner against such claim or lien. 6.25 Installation of Utility Service. Contractor shall assume all responsibility for proper installation of utility services to meet all rules and regulations of all utility companies or government agencies involved. It is the responsibility of Contractor to provide a complete service and provide all work necessary to coordinate the Work with the work of the utility companies. 6.26 Damage, Survey and Correction. Contractor, accompanied by a representative of Owner and/or Engineer, shall make a damage survey of the work site and adjacent properties prior to commencing the Work and before making application for final payment for the Work. Contractor shall provide Owner a written inventory of damage observed during each survey. Contractor shall replace or repair all existing construction and facilities (both surface and subsurface) including, but not limited to, sidewalks, fences, yards, plantings, mechanical services and electrical services which may be damaged in the performance of the Work. All damage shall be corrected and such facilities shall be restored to their original condition. Materials and construction shall be new and equal in quality, design, workmanship and installation to the existing material and construction. 6.27 Damage Notification. Contractor shall notify Engineer immediately upon observing damage to the site regardless of whether or not the damage is the result of Contractor's operations. 6.28 Employee Compensation. Contractor may not pay employees in cash. Contractors must certify that they are in compliance with the federal Fair Labor Standards Act (FLSA) and the Indiana Minimum Wage Law. “Project Name” G-33 CITY OF CARMEL 1757668v2 General Conditions 6.29 Contractor Employee Drug Testing Program. When the estimated cost of the project exceeds $150,000, the Contractor must submit in the bid paperwork a written plan for a program to test the Contractor’s employees for drugs that is consistent with IC 4-13-18-5. The requirement for a drug testing program applies to all Subcontractors. Failure to comply with the drug testing program will result in cancellation of the contract. . ARTICLE 7 - WORK BY THIRD PARTIES 7.1 Separate Work By Others. Owner may perform other work related to the Project at the site by Owner’s own forces, have other work performed by utility owners or their contractors or let other direct contracts which shall contain General Conditions similar to these. If the performance of such work is not reasonably indicated by the Contract Documents or is not reasonably inferable therefrom or otherwise inherent in connection with the Work as described by the Contract Documents as such work relates to the overall Project, written notice thereof will be given to Contractor prior to starting any such other work; and, if Contractor believes that such performance requires additional time, and the parties are unable to agree as to the extent thereof, Contractor may make a claim therefore as provided in Article 11. Contractor shall afford each utility owner or its contractors and any other contractor who is a party to such a direct contract, or Owner's employees if Owner is performing work with its own forces, proper and safe access to the site and reasonable opportunity for the proper, efficient and timely performance of such work and for introduction and storage of materials and equipment, and shall properly connect and coordinate the Work with the work and activities of such other parties. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Section are for the benefit of and may be directly enforced by such utility owners and other separate contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between Owner and such utility owners and other contractors. 7.2 Inspecting Other Work. If the proper execution or results of any part of Contractor’s Work depends upon the work of any such other contractor or utility owner or Owner’s forces, Contractor shall inspect and promptly report to Engineer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results or that hinder or otherwise impact the Work to be performed by Contractor. Contractor’s failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor’s Work except for latent or non-apparent defects and deficiencies in the other work. “Project Name” G-34 CITY OF CARMEL 1757668v2 General Conditions 7.3 Coordination. Contractor shall schedule the Work such that it shall cause no delay in the work of the other contractors. Engineer will monitor the Contractor’s coordination of its Work with the work of other contractors. Where coordination and scheduling conflicts arise between the Work and the work of other contractors on the site, Engineer will provide input to resolve the conflict, but such input or monitoring by the Engineer shall not relieve the Contractor of its obligations in respect of coordination with other contractors. Except as provided in Section 11.4, Contractor shall have no claim against Owner for delays, disruptions or hindrances caused by other contractors who may be operating at the site, including, without limitation, delays resulting from lack of coordination. Should Contractor cause damage to another contractor or subcontractor employed on the Project, Contractor agrees to settle with such other contractor or subcontractor by agreement, if the other party will so settle. If such other contractor or subcontractor sues Owner or Engineer on account of damage alleged to have been sustained, Owner or Engineer as applicable, shall notify Contractor and Contractor shall bear the cost of defending such proceedings, and if a judgment or award in arbitration against Owner or Engineer arises therefrom, Contractor shall pay or satisfy said judgment, and pay all cost incurred by Owner or Engineer, including attorney fees. ARTICLE 8 - OWNER’S AND ENGINEER'S STATUS DURING CONSTRUCTION 8.1 Owner’s Representative. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. 8.2 Visits to Site. Engineer will make visits to the site at intervals appropriate to various stages of construction to observe and become cognizant with the progress, quality and quantity of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will also, as he deems necessary, make on-site inspections to check the quality or quantity of the Work. Engineer's efforts will be undertaken solely for the purpose of providing Owner a greater degree of confidence that all Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 8.3 Project Representation. Owner may, at its sole option, assign one or more full or part time engineers, inspectors or other representatives to observe the performance of the Work. The duties, responsibilities and limitations of authority of any such representatives will be as provided in the General Conditions or as otherwise stated to Contractor in writing by the Director or other duly appointed official of the department or agency of the Owner for whose use and/or benefit the Project is to be constructed. “Project Name” G-35 CITY OF CARMEL 1757668v2 General Conditions 8.4 Clarifications and Interpretations. Engineer will issue with reasonable promptness written clarifications or interpretations of the requirements of Contract Documents (in the form of Drawings or otherwise) as Engineer may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such clarifications and interpretations shall become binding upon the Contractor upon ratification thereof by the Owner. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, Contractor may make a claim therefore as provided in Article 10 or Article 11. 8.5 Authorized Variations in Work. Owner, or Engineer following consultation with and approval by the Owner, may authorize minor variations in the Work requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order or other form of written directive and will be binding on Owner, and also on Contractor who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order or other written directive issued pursuant to this Section justifies an adjustment in the Contract Price or an extension of the Contract Time, Contractor shall make a claim therefore as provided in Article 10 or 11. 8.6 Rejecting Defective Work. Owner or Engineer will have authority to disapprove or reject Work which is believed or determined to be defective, and will also have authority to require special inspection or testing of the Work as provided in Section 12.4, whether or not the Work is fabricated, installed or completed. 8.7 Engineer’s Interpretations and Decisions. 8.7.1 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. 8.7.2 Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder to the extent that such requirements and issues respecting acceptability of the Work involve decisions or interpretations dealing with technical, engineering, design or other subject matters, arising out of the Technical Specifications and within the expertise of the Engineer. Written notice of “Project Name” G-36 CITY OF CARMEL 1757668v2 General Conditions each such claim, dispute and other matter will be delivered by the claimant to Engineer and the other party to the Agreement promptly (but in no event later than twenty (20) days) after the start of the notice of the event giving rise thereto, and written supporting data will be submitted to Engineer and the other party within thirty (30) days of such occurrence unless Engineer allows an additional period of time for the submission of additional or more accurate data in support of the claim, dispute or other matter. The opposing party shall submit any response to the Engineer and the claimant within thirty (30) days after receipt of the claimant’s last submittal (unless the Engineer allows additional time). The 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 section. 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) days of the date of such decision, unless otherwise agreed in writing by Owner and Contractor. 8.8 Non-liability of Engineer. Neither Engineer’s authority to act under this Article or elsewhere in the Contract Documents nor any decision made by Engineer in good faith, either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of Engineer to Contractor, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 8.9 Purposes of Engineer’s Activities. Whenever in the Contract Documents the terms “as ordered”, "as directed”, “as required”, “as allowed”, “as approved” or terms of like effect or import are used, or the adjectives “reasonable”, “suitable”, "acceptable”, “proper” or “satisfactory” or adjectives of like effect or import are used to describe requirement, direction, review or judgment of Engineer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Engineer any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article. 8.10 Construction Methods. Owner and Engineer shall have no responsibility for Contractor's selection or implementation of means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and Owner and Engineer will not be responsible for Contractor's failure to perform or furnish the Work or to fulfill other duties in accordance with the Contract Documents. “Project Name” G-37 CITY OF CARMEL 1757668v2 General Conditions 8.11 Acts or Omissions By Others. Owner and Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractors, any Supplier, or of any separate contractor or other person or organization furnishing any work, labor, materials or services for or in furtherance of the Project. 8.12 Communications. Owner may issue all communication to Contractor through Engineer or at its option may communicate with the Contractor directly, with a copy to the Engineer. 8.13 Replacement for Engineer. In case of termination of the employment of Engineer, Owner shall appoint an engineer whose status under the Contract Documents shall be that of the former Engineer; provided, that Owner may, at its sole option and with notice to Contractor, elect to exercise all or part of the function and authority of the Engineer following such termination, either permanently or on an interim basis. ARTICLE 9 - CHANGES IN THE WORK 9.1 Owner’s Right To Initiate Changes. Without invalidating the Agreement and without notice to any surety, Owner may at any time order additions, deletions or revisions in the Work. Such changes will be authorized by a Written Amendment, a Change Order or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved, which will be performed under the applicable provisions of the Contract Documents except as otherwise specifically provided. 9.2 Inability To Agree on Price or Time Adjustments. If Owner and Contractor are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of an Owner-initiated change, a claim may be made therefore as provided in Article 10 or Article 11. 9.3 Non-Required Work. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents, as amended, modified and supplemented as provided in Sections 3.4 and 3.5, except in the case of an emergency as provided in Section 6.21 and except in the case of uncovering Work as provided in Section 12.4. 9.4 Change Orders and Amendments. Owner and Contractor shall execute appropriate Change Orders or Written Amendments covering (i) changes to the Work which are ordered by Owner pursuant to Section 9.1, are required because of acceptance of Defective Work under Section 12.8 or correcting Defective Work under Section 12.9; (ii) changes in the Contract Price or Contract Time which are agreed to by the parties; and (iii) changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Engineer pursuant to Section 8.7, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but “Project Name” G-38 CITY OF CARMEL 1757668v2 General Conditions during any such appeal, Contractor shall carry on the Work and adhere to the progress schedule as provided in Section 6.23. 9.5 Notification to Surety. 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 10 - CHANGE OF CONTRACT PRICE 10.1 Items Included in Contract Price. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work and assuming all obligations and risks as provided by the Contract Documents. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. 10.2 Changes in Contract Price. The Contract Price may only be changed by a Change Order or by a Written Agreement. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and Engineer promptly (but in no event later than twenty (20) days) after the start of the occurrence of the event or the commencement of a series of events giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered to the other party and Engineer within thirty (30) days after the start of such occurrence or event after the required notice (unless Engineer allows an additional period of time for claimant to submit additional or more accurate date in support of the claim. A written statement of the amount claimed by claimant shall be conclusively presumed to include all direct, indirect and consequential amounts claimed or to be claimed by claimant as a result of all facts, occurrences and events giving rise thereto. Nothing provided in this Section shall be construed to afford the Contractor any rights or claims otherwise precluded by any other provisions of these General Conditions or other Contract Documents. The burden of proof for such claim shall be on claimant. 10.3 Value of Affected Work. The value of any Work affected by a Change Order, or any Written Agreement, or of any increase or decrease in the Contract Price in respect of Owner-initiated changes or Contractor claims as provided by this Section shall be determined in one of the following ways: 10.3.1 For Work covered in whole or in part by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the contract items involved, unless otherwise provided in the Contract Documents; 10.3.2 For items or elements of Work not covered by unit prices, by mutual acceptance of a lump sum or unit price; or, if no such agreement is reached, on the basis of the Cost of the Work (determined as provided in Sections 10.4 and 10.5) plus a reasonable allowance for Contractor’s “Project Name” G-39 CITY OF CARMEL 1757668v2 General Conditions profit and overhead based on a percentage of the Cost of Work not to exceed ten percent (10%), or such different percentage as may be specified by other Contract Documents. 10.4 Cost of The Work. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Contractor in the proper and efficient performance of the particular Work for which costs thereof are to be determined. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project. Such costs shall not include any of the costs itemized in Section 10.5 and may include only the following items: 10.4.1 Payroll costs for employees in the direct employ of Contractor in the performance of the affected Work under schedules of job classifications agreed upon by Owner and Contractor. 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 such Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall not include superintendents or other management and supervisory personnel whose costs are included in the Contract Price. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays shall be included only if previously authorized by Owner in writing. 10.4.2 Cost of all materials and equipment properly furnished and incorporated in the Work, including costs of transportation and storage thereof, and field services by suppliers or manufacturers required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case cash discounts shall accrue to Owner. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to Owner and Contractor shall make provisions so that they may be obtained. 10.4.3 Payments made by Contractor to Subcontractors for affected 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 will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of cost of the affected Work Plus a fee, Subcontractor’s cost of such Work shall be determined in the same manner as Contractor’s Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. “Project Name” G-40 CITY OF CARMEL 1757668v2 General Conditions 10.4.4 Cost of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the affected Work. 10.4.5 Supplemental costs including the following: .1 The proportion of necessary transportation, travel and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the affected Work. .2 Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the affected Work, and cost less market value of such items used but not consumed which remain the property of Contractor. .3 Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the affected Work. When construction equipment is owned by Contractor, the cost of such equipment shall be in accordance with U.S. Army Corps of Engineers publication titled “Construction Equipment Ownership and Operating Schedule” for Region II. .4 Sales, consumer, sue or similar taxes related to the affected Work, and for which Contractor is liable, imposed by Laws or Regulations. .5 Deposits lost for causes other than negligence of Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. .6 Losses, damages, and expenses caused by damage to the Work not compensated by insurance or otherwise, related to the Work or otherwise sustained by Contractor in connection with the performance and furnishing of the affected Work (except losses and damages within the deductible amounts of property insurance established by Owner in accordance with Article 5, provided they have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable). Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s Fee. If, however, any such loss or damage requires reconstruction and Contractor is placed in charge thereof, “Project Name” G-41 CITY OF CARMEL 1757668v2 General Conditions Contractor shall be paid for services a fee proportionate to that stated in Section 10.3. .7 The cost of utilities, fuel and sanitary facilities at the site. .8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. .9 Cost of premiums for additional Bonds and Insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by Owner in accordance with Article 5. 10.5 Excluded Costs. The term Cost of the Work shall not include (i) expenses of Contractor's branch offices other than Contractor's office at the site, (ii) any part of Contractor’s capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments (iii) cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain same (except for cost of premiums covered by Subparagraph 10.4.5 above), (iv) costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including, but not limited to, the correction of Defective Work, disposal of materials and equipment wrongly supplied and making good any damage to property, and/or (v) other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 10.4. 10.6 Cash Allowances. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents, if any, and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to Owner. Contractor further agrees that: 10.6.1 The Cash Allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 10.6.2 Contractor’s costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the Cash Allowances have been included in the Contract Price and not in the Cash Allowances. No demand for additional payment on account of any such costs will be valid. 10.6.3 Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by Cash Allowances, and the Contract Price shall be adjusted accordingly. 10.7 Unit Price Work. “Project Name” G-42 CITY OF CARMEL 1757668v2 General Conditions 10.7.1. 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. 10.7.2 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 10.7. 10.7.3 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. 10.7.4 The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: i. 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 ii. If there is no corresponding adjustment with respect to any other item of Work; and iii. If Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 12 if the parties are unable to agree as to the effect of and such variation in the quantity of Unit Price Work performed. ARTICLE 11 - CHANGE OF CONTRACT TIME; LIQUIDATED DAMAGES; DELAYS AND HINDRANCES 11.1 Liquidated Damages - Assessment. If Contractor does not achieve Substantial Completion or Final Completion of all elements of the Work within the time required by the Contract Documents, and liquidated damages are established by the Agreement or other Contract Documents to be assessed and recovered by Owner to compensate Owner for such delay in completion, it is understood and agreed that Owner will incur substantial damages and losses which are and will hereafter be difficult or impossible to quantify, ascertain and prove as actual damages for such delay. Such damages are foreseen to include, without limitation, extended or additional costs for observation, inspection, engineering, utilities, insurance, administration, and also indeterminate damages, hindrance, or inconvenience to members of the public, deprivation of use and operation and impairment of financing. Accordingly, and in lieu of actual damages, Contractor “Project Name” G-43 CITY OF CARMEL 1757668v2 General Conditions and his Surety shall be liable to Owner, and Owner shall be entitled to collect and recover such liquidated damages from Contractor and his Surety, in lieu of actual damages and not as a penalty, in the respective amounts per day for each calendar day that Substantial Completion or Final Completion of the entire Work, as appropriate, is delayed beyond the date(s) or time limitation(s) provided by the Contract Documents. Neither partial acceptance nor partial Beneficial Occupancy or use of portions of the Work by Owner prior to achievement of Substantial Completion of all elements of the Work shall defeat or impair Owner's rights in respect to liquidated damages as provided by this Article. 11.2 Liquidated Damages - Reasonable Amount. The original Contract Price provided in the Contract Documents shall be deemed to include adequate consideration and payment to compensate Contractor for the risk of liability imposed upon Contractor under this Section in respect to liquidated damages and Contractor acknowledges and agrees that the respective amounts of such liquidated damages are reasonable with due consideration for the type, nature and extent of the Work and the Contract Price and that such liquidated damages fairly approximate the nature and amount of actual damages which Owner may incur as a result of delayed completion and that such liquidated damages may be assessed and recovered by Owner without proof or evidence concerning the types or amounts of such actual damages. 11.3 Delay Following Termination. The liquidated damages provided by this Article shall apply equally to delay in the achievement of Substantial Completion following abandonment of the Work by Contractor or termination by Owner because of Contractor's default, to the extent that such delays are caused in whole or in part by such abandonment, termination, default or other acts or omissions for which Contractor is responsible. No delay or forbearance by Owner in enforcing any rights or remedies under the Contract Documents, including without limitation, the right to termination of the Contractor's right to proceed and the right to engage completion contractors to complete the Work shall constitute a waiver by Owner or deprive Owner of its right to retain, receive and recover such liquidated damages from Contractor and its surety or diminish the period of delayed completion from which such liquidated damages are to be determined. 11.4 Extension of Contract Time. If Contractor is delayed or hindered at any time in the progress of the Work by any act or neglect of Owner or Engineer, or by any employee of either, or by changes ordered in the Work, or by unavoidable labor disputes, fire, unusual delay in transportation, unavoidable casualties, unforeseeable abnormal and unusually severe weather conditions, or any other causes beyond Contractor’s control and the risks of which are not otherwise assumed by Contractor under the Contract Documents (collectively referred to as Excusable Delays), or by delay authorized by Owner pending arbitration, or by any other cause which Owner, in consultation with Engineer, determines may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as Owner may determine. Contractor shall not be entitled to an extension of time for delays or hindrances caused by weather conditions or “Project Name” G-44 CITY OF CARMEL 1757668v2 General Conditions other natural phenomena of normal intensity for the locality and season during which Work is performed, unsuitable ground conditions except as may be provided in Article 4, inadequate construction forces, financial difficulties of Contractor or his Subcontractors or the failure of Contractor or its subcontractors or material suppliers to provide shop drawings or other required submittals on a timely basis and as scheduled or to place orders for equipment or materials sufficiently in advance to insure timely and proper delivery. 11.5 Notice of Delays or Hindrances. The Contract Time (or Milestones) may only be changed by a Change Order or by a Written Agreement. Any claim for adjustment of the Contract Time (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to the Engineer promptly (but in no event later than twenty (20) days after the event or 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 thirty (30) days after such occurrence or event giving rise to the claim (unless Engineer allows an additional period of time o ascertain more accurate data in support of the claim). A notice of time extension request by Contractor under this Section shall be conclusively presumed to include all direct, indirect and cumulative impact upon the time required by Contractor to perform and complete the Work as a result of all facts, occurrences and events giving rise thereto. Nothing provided in this Section shall be construed to afford the Contractor any rights or claims otherwise precluded by any other provisions of these General Conditions or other Contract Documents. 11.6 Time Extension As Exclusive Remedy. As between Contractor and Owner, Contractor shall assume the risk of any and all suspensions of, delays or interference’s in or hindrances to the performance of the Work, regardless of the length thereof or the party responsible there for and arising from any and all causes whatsoever, including, without limitation, those due to any acts or omissions of or interference by Owner, Engineer, other contractors or Subcontractors, except only to the extent that an extension of time may be due to Contractor as expressly provided for in this Article for such suspension, delay, interference or hindrance. Contractor shall bear all direct or indirect costs, expenses and liabilities which he may incur in connection with such suspensions, delays, hindrances or interference’s and all such suspensions, delays, interference’s or hindrances, costs, expenses and liabilities of any nature whatsoever, whether or not specifically described or referred to in the Contract Documents, shall conclusively be deemed to have been within the contemplation of the parties. “Project Name” G-45 CITY OF CARMEL 1757668v2 General Conditions 11.7 Limitations on Time Extensions. Contract Time extensions will be granted only to the extent that Excusable Delays occur without concurrent non-excusable delays and actually extend the time required by Contractor to perform and complete critical Work elements and activities and which thereby cause an actual delay to achievement of Project completion. Extensions of Contract Time shall be based solely upon the effect of delays to the Work as a whole. The Contract Time shall not be extended for delays to parts of the Work, whether or not changed by any Change Order, that are not on the critical path of the progress schedule. Concurrent Work activities, which are not critical to Project completion shall not be the subject of additional time extensions or compensation if those work activities are performed, or could be performed, within a moveable time frame concurrent with a critical item. ARTICLE 12 - WARRANTIES, TESTS AND DEFECTIVE WORK 12.1 Warranty. Contractor warrants and guarantees to Owner and Engineer that all Work will be performed, supplied, furnished and installed, and that the Work will be performed in strict accordance with the Contract Documents and will not be Defective. Notice of all Work determined or suspected to be Defective or not in conformity with the Contract Documents shall be given to Contractor within a reasonable time after observance thereof. 12.2 Access to Work. Owner, Engineer and their respective representatives, and all governmental agencies with jurisdictional interests in respect of the Work or the activities of Contractor or its subcontractors shall be afforded complete and unhindered access to the Work for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access and advise them of Contractor’s site safety procedures and programs so that they may comply therewith as applicable. 12.3 Tests and Inspections. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Engineer the required certificates of inspection, testing or approval. Contractor shall also be responsible for and shall pay all costs in connection with Owner’s or Engineer's acceptance of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals which are required by Contract Documents shall be paid by Owner except as otherwise specified. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to Owner and Contractor or by Engineer if so specified. Neither observations by Engineer nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. “Project Name” G-46 CITY OF CARMEL 1757668v2 General Conditions 12.4 Uncovering Work. If any Work is covered contrary to written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor’s expense. If any Work (including the work of others) that is to be inspected, tested or approved is covered or reasonable access thereto is impaired without written concurrence of Engineer, it must, if requested by Owner or Engineer, be uncovered or access thereto open for observation. Such uncovering shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover such Work and Engineer has not acted with reasonable promptness in response to such notice. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals) and Owner shall be entitled to an appropriate decrease in the Contract Price by Change Order or Written Agreement. If, however, such Work is not found to be Defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore as provided in Articles 10 and 11. 12.5 Owner May Stop the Work. If the Work is determined by Owner or Engineer to be Defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. 12.6 Pre-Completion Correction or Removal of Defective Work. If required by Owner or Engineer prior to Substantial Completion, Contractor shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner or Engineer, remove it from the site and replace it with non-Defective Work. Contractor shall bear all direct and consequential costs of such correction or removal, made necessary thereby, including but not limited to fees and charges of engineers, architects, attorneys and other professionals. “Project Name” G-47 CITY OF CARMEL 1757668v2 General Conditions 12.7 Post-Completion Correction Period. Except as otherwise required by the Contract Documents or provided by any special warranties furnished there under, Contractor shall promptly and properly repair, replace, restore or rebuild, as Owner determines, any finished Work in respect of which defects of materials or workmanship may appear or as to which damage may occur because of such defects during the following periods: (i) for defects in materials, a period of three (3) calendar years commencing on the date of Substantial Completion, and (ii) for defects in workmanship, a period of three (3) calendar years commencing on the date of Final Acceptance. 12.7.1 In circumstances where Owner determines that a defect does not involve an imminent threat to persons, property or Owner’s ability to comply with governmental orders, laws or regulations, Owner shall give Contractor written notice of such defect. Contractor shall, at its sole cost and within seven (7) calendar days after receipt of Owner’s written notice, commence the repair, replacement, restoration or rebuilding of the damaged or Defective Work using his own personnel or those of a third party, and shall diligently and without interruption complete all such required corrective action within a reasonable time. 12.7.2 In circumstances where Owner determines that a defect does involve an imminent threat to persons, property or Owners ability to comply with governmental orders, laws or regulations, Owner may, without notice to Contractor, immediately take such action as Owner deems necessary to effectuate the repair, replacement, restoration or rebuilding of any damaged or Defective Work or the protection and preservation of other Work or property threatened thereby. As soon as practicable thereafter, Owner shall notify or otherwise afford Contractor a reasonable opportunity to investigate and continue or complete corrective action as required, if any. If Contractor fails to commence and continue required corrective action in a prompt and timely manner, Owner may complete the repair, replacement, restoration or rebuilding of the damaged or Defective Work using its own personnel or those of a third party. 12.7.3 In all circumstances, Contractor and its surety shall be liable for any and all costs and damages sustained by Owner in respect of any such defect. 12.7.4 Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents, including, without limitation, Contractor's obligations under Warranties. Establishment of time periods in this Section relates only to the specific obligation of Contractor to correct the Work and has no relationship to the time within which proceedings may be commenced to establish or enforce Contractor’s liability with respect to obligations other than specifically to correct defects in the Work as prescribed by this Section. 12.7.5 If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of “Project Name” G-48 CITY OF CARMEL 1757668v2 General Conditions 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. 12.7.6 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. 12.8 Option To Accept Defective Work. Instead of requiring correction or removal and replacement of Defective Work, Owner (and, prior to Engineer’s recommendation of final payment) may elect to accept such Work in the condition as provided. Contractor shall bear all direct, indirect and consequential costs attributable to Owner’s evaluation of and determination to accept such Defective Work, to include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price to account for such costs and damages. If the acceptance occurs after such recommendation of final payment, such costs and damages shall be paid by Contractor and its surety to Owner. 12.9 Owner May Correct Defective Work. If Contractor fails within seven (7) days after written notice from Engineer to correct Defective Work or to remove and replace rejected Work as provided by Section 12.6, or if Contractor fails in any respect to perform the Work in accordance with the Contract Documents or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency, and may exclude Contractor from all or part of the site, take possession of all or part of the Work, suspend Contractor’s services related thereto, and take possession of Contractor’s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Engineer, their respective representatives and other contractors full and unhindered access to the site to enable Owner to exercise the rights and remedies under this Section. All claims costs, losses and damages, including attorneys’ fees, incurred or sustained by Owner in exercising such rights and remedies will be charged against Contractor and a Change Order or Written Agreement will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and “Project Name” G-49 CITY OF CARMEL 1757668v2 General Conditions replacement of work or property of Owner or others destroyed or damaged by correction, removal or replacement of Contractor’s Defective Work Contractor shall not be allowed an extension of the Contract Time because of any delay or hindrance in performance of the Work. attributable to the exercise by Owner of Owner’s rights and remedies hereunder. ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION 13.1 Schedule of Values. Contractor shall provide Engineer with a Schedule of Values as required by Section 2.7. The Schedule of Values will serve as a basis of progress payments during construction. 13.2 Basis For Payments. Payment for the Work is based upon a lump sum and/or unit prices as established by the Agreement. Subject to the limitations and conditions provided elsewhere in these General Conditions or in other Contract Documents, progress payments for lump sum items shall be based upon percentage of completion at the time of request for such payments as determined or approved by Engineer while progress payments for unit price Contract Items shall be determined by Engineer based upon approved estimated quantities of such items completed and in place. The method for calculating estimated quantities shall be based upon reasonable engineering methods for such estimates. If a unit price for a Contract Item includes compensation for successful testing of Work or for finish grading, cleanup or other surface or site restoration as part of such item, Owner may at its sole option deduct from payments and withhold (i) up to fifteen percent (15%) of the unit price for Work installed but not successfully tested, and (ii) up to ten percent (10%) of the unit price for Work installed but as to which finish grading, cleanup or other surface or site restoration has not been completed which sums shall be in addition to retainage and other amounts withheld by Owner as permitted by the Contract Documents. Such sums shall be released to Contractor upon satisfactory completion of testing or restoration, as applicable. 13.3 Stored Materials and Equipment. Payments for materials or equipment not incorporated into the Work, but delivered and suitably stored at the site, or, if provided by the Contract Documents or agreed upon in writing, at some other location off of the site, shall be conditioned upon compliance by Contractor with procedures satisfactory to Owner to establish Owner’s title to such materials and equipment or otherwise protect the Owner’s interest and shall include applicable insurance, storage and transportation to the site. Payments for stored materials or equipment may not exceed one hundred percent (100%) less retainage of the net value of such stored material or equipment. 13.4 Specially Manufactured Items. If payment for work on undelivered specifically manufactured items is permitted by the Contract Documents or by Owner’s written approval, such payment shall be conditioned upon submission by Contractor of bills of sale, invoices and other documentation establishing in favor of Owner a valid security interest in the items and establishing or certifying that the items are covered by appropriate Insurance and other arrangements to protect the Owner's interest therein, all of which will be satisfactory to Owner. “Project Name” G-50 CITY OF CARMEL 1757668v2 General Conditions The Owner may further condition such payment upon Engineer’s observation of the progress of such items, and in such case Contractor shall provide transportation and reasonable lodging and other appropriate expenses for a representative of Owner or Engineer to travel to the place of manufacture of such equipment or material to conduct such observation. 13.5 Retainage. Owner shall withhold retainage in the amount of ten percent (10%) of each Progress Payment until the Work or designated portion thereof is fifty percent (50%) complete. Thereafter, no further retention under this Section shall be made, provided that Contractor is making satisfactory progress and there is no specific cause for greater withholding. If required by governing statutes, such retainage shall be deposited into an interest bearing escrow account pursuant to the terms of a written Escrow Agreement executed in accordance with such statutes, and upon such form as approved by Owner. Upon issuance and Owner's execution of a Certificate of Substantial Completion, Owner may reduce the retained amount to not less than two hundred percent (200%) of the cost of the Work remaining to be completed, corrected or accepted. Retainage may not be reduced until Contractor provides Owner with complete and legally effective releases or waivers of all claims or liens arising out of or filed in connection with the Work, which instruments shall be upon such forms as approved by Owner. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which a claim or lien could be filed, and that all payrolls, material work equipment bills, and other indebtedness connected with the Work for which Owner or his property might in any way be responsible have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any claim or lien. 13.6 Applications for Progress Payment. At least twenty (20) days before each Progress Payment is scheduled (but not more often than once a month), Contractor shall submit to Engineer for review a properly completed and signed Application for Payment upon such form as Owner may prescribe, together with such supporting documentation as Owner may prescribe under the Contract Documents. The submission of any request for progress payment shall be deemed a waiver and release by Contractor of all liens and claims with respect to the Work and period to which such Progress Payment request pertains except as specifically reserved and noted on such request. The second and each subsequent Application for Progress Payment shall include an affidavit from Contractor stating that all previous Progress Payments received on account of the Work have been applied to discharge in full all of Contractor’s obligations in respect of Work covered by prior Applications. Owner or Engineer may reject Contractor's Application for Progress Payment if Contractor fails to submit updated progress schedules as provided in Section 2.7. “Project Name” G-51 CITY OF CARMEL 1757668v2 General Conditions 13.7 Payroll Reports. Contractor's Application for Payment shall be accompanied by a payroll report by Contractor and each of its Subcontractors for the pay period covered by the application. The report shall state, as to each employee, his/her name, address and social security number, work classification, hours worked, rate of pay, itemized deductions, gross amount earned, net pay and fringe benefit information. This report shall be provided either on Federal Form WH-347 for reporting prevailing wages under the Davis Bacon Act, or otherwise by submitting the payroll information in Contractor’s format along with Federal Form WH-348 Statement of Compliance under the Davis Bacon Act. 13.8 Contractor’s Warranty of Title. Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the project or not, will pass to Owner no later than the time of payment free and clear of all claims and liens. 13.9 Action Upon Applications for Payment. Engineer will, within five (5) days after receipt of each Application for Payment, either (i) indicate in writing a recommendation of payment and present the Application to Owner, or (ii) return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application to Owner, with notice that the deficiencies noted by Engineer have been corrected. Payments to Contractor shall not be due until the expiration of thirty-five (35) days from the date of Owner's approval of Engineer's recommendation of payment. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make such representations to Owner. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because (i) the Work is Defective, or completed Work has been damaged requiring correction or replacement, (ii) the Contract Price has been reduced by Written Amendment or Change Order, (iii) Owner has suffered a loss as provided in Section 6.24 or has been required to correct Defective Work or complete Work in accordance with Section 12.9, or (iv) of Engineer’s actual knowledge of the occurrence of any of the events enumerated in Sections 14.2. Owner may refuse to make payment of the full amount recommended by Engineer because claims have been made against Owner on account of Contractor’s performance or furnishing of the Work, or claims have been filed in connection with the Work, or there are other items entitling Owner to a set-off against the amount recommended, but Owner must give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action. 13.10 Substantial Completion. When Contractor considers the entire Work ready for its intended use Contractor shall, in writing to Owner and Engineer, request the issuance of a Certificate of Substantial Completion. Within a reasonable time thereafter, Engineer shall respond to Contractor by either (a) scheduling an inspection of the Work by Owner, Engineer and Contractor to determine the “Project Name” G-52 CITY OF CARMEL 1757668v2 General Conditions status of completion or (b) notifying Contractor in writing that the Work has been determined by Owner or Engineer not to be substantially complete and explaining the basis therefore. If, after such inspection, Owner and Engineer conclude that the Work is not substantially complete, Engineer will, within fourteen (14) days after such inspection, notify Contractor in writing, stating basis therefore. If, after the inspection, Owner and Engineer consider the Work substantially complete, Engineer shall prepare and deliver to Owner a recommended Certificate of Substantial Completion, which shall fix the date of Substantial Completion, and address the respective responsibilities of Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. The Certificate, as recommended by Engineer or as approved by Owner, may have attached a list of items to be completed or corrected prior to final payment and may state any additional issues or reservations to remain unaffected by substantial completion. The certificate of Substantial Completion, as accepted and approved by Owner, will be submitted to Contractor for acceptance, which acceptance shall be deemed effective, and Contractor shall become unconditionally bound to the terms thereof, upon (i) Contractors execution of the certificate, or (ii) Contractor's failure to provide written notice objecting to the terms of such certificate within five (5) days after receipt thereof. 13.11 Site Access Upon Substantial Completion. Owner shall have the right, but not the obligation, to exclude Contractor from the site of the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to the site to complete or correct items of Work or to fulfill other obligations as provided by the Certificate of Substantial Completion. 13.12 Partial Utilization and Occupancy. Use or occupancy by Owner of portions of the Work may be accomplished prior to Substantial Completion of all the Work upon determination by Owner in consultation with Engineer that any such portion constitutes a separately functioning and usable part of the Work that can be used by Owner without causing substantial interference with Contractor's performance of the remainder of the Work, subject to the following: 13.12.1 Owner, at any time may give written notice to Contractor of Owner’s intent to use or occupy any part of the Work, which Owner believes to be ready for its intended use and substantially complete. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a Certificate of Partial Substantial Completion for that part of the Work. Contractor, at any time, may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a Certificate of Partial Substantial Completion for that part of the Work. The provisions and procedures set forth in Sections 13.10 and 13.11 shall govern inspections and recommendations concerning partial substantial completion and certification thereof. “Project Name” G-53 CITY OF CARMEL 1757668v2 General Conditions 13.12.2 Owner may, at any time, give written notice to Contractor of Owner's intent to use or occupy any part of the Work, which is not substantially complete. Within a reasonable time thereafter Owner, Contractor and Engineer shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of the items remaining to be completed or corrected thereon before final payment. Upon failure of the parties to agree upon such list, Engineer will promptly finalize the list and deliver same to Owner and Contractor together with a written determination as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operations, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work. Such list and determination will become binding upon Owner and Contractor except as otherwise agreed in writing between them. During the period of Owner’s use or occupancy of such part of the Work, Owner shall afford Contractor reasonable access and opportunity to complete or correct items on said list and to complete other related Work. 13.12.3 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of Section 5.9 with respect to property insurance. 13.13 Final Inspection. Upon written notice from Contractor that the entire Work or an agreed upon portion thereof is complete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. Contractor shall immediately take such measures as are necessary to complete and remedy such Work to the satisfaction of Owner and Engineer. Upon written notice from Contractor that all Work, which was incomplete or defective has been completed or remedied, Engineer and Owner will make an additional inspection to verify the work performed. If it is determined that the Work is still incomplete or defective, Contractor shall bear all direct, indirect and consequential costs of re-inspecting said Work (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals) and Owner shall be entitled to an appropriate decrease in the Contract Price by Change Order or written agreement. 13.14 Final Application for Payment. After Contractor has completed the Work and all corrections as provided elsewhere in this Article and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents (as provided in Section 6.19) and all other documents as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable (subject to the provisions of Section 13.16), Contractor may make application for Final Payment which, except as otherwise provided in this Article, shall be subject to the procedures and requirements in respect of progress payments. The Final Application for Payment shall be accompanied by complete and legally effective releases or waivers by all subcontractors and material suppliers from all claims or liens arising out of or “Project Name” G-54 CITY OF CARMEL 1757668v2 General Conditions filed or which could otherwise be filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish: receipts or releases in full; an affidavit from Contractor that the releases and receipts include all labor, services, material and equipment for which a claim or lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner, contract funds or Owner's property might in any way be responsible have been paid or otherwise satisfied; and consent of the Surety to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, Contractor may, at Owner's option, furnish a Bond or other collateral satisfactory to indemnify Owner against any claim or lien. Contractor's Application for Final Payment shall be accompanied by a list of all Subcontractors involved in the project, and the amount in dollars paid to each Subcontractor. The list shall identify MBEs and WBEs and shall include the final Contract Price for each. 13.15 Final Payment and Acceptance. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the Final Application for Payment and accompanying documentation, all as required by the Contract Documents, Owner is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten (10) days after receipt of the Final Application of Payment, indicate in writing Engineer’s recommendation of payment and present the Application to Owner for payment. Otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend Final Payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the application and accompanying documentation are approved by Owner as to form and substance, Owner shall pay Contractor the amount recommended by Engineer. 13.16 Delayed Final Completion. If, through no fault of Contractor, final completion of the Work is significantly delayed and if Engineer so confirms, Owner will, upon receipt of Contractor’s Final Application for Payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Section 5.1, the written consent of the Surety to the payment of the balance due for the portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment will be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims. 13.17 Contractor’s Continuing Obligations. Except as otherwise expressly provided to the contrary by the Contract Documents, Contractor's duty to perform and complete the Work and to fulfill other obligations in accordance with the Contract Documents shall be absolute. Neither recommendation of any Progress Payment or Final Payment by Engineer, nor approval or acceptance thereof by Owner, nor the issuance of a Certificate of Substantial Completion, nor any “Project Name” G-55 CITY OF CARMEL 1757668v2 General Conditions payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor any activities by Contractor or Owner in correction of Defective Work will constitute an acceptance of Work not in accordance with the Contract Documents or a release or waiver of Contractor’s obligations under the Contract Documents or of Owner’s rights and remedies there under. 13.18 Waiver of Claims By Final Payment. The making and acceptance of Final Payment shall constitute a waiver of all claims by Contractor against Owner except (i) claims previously made in writing by either party and remaining unsettled as of the date of final payment, (ii) claims by Owner attributable to Defective Work or prior corrective work, appearing after final inspection or from failure to comply with the Contract Documents, (iii) Owner claims and other rights arising under the terms of any general or special warranties or guarantees specified by the Contract Documents or arising there under, and (iv) Owner claims and other rights in respect of Contractor’s and its surety's continuing obligations under Laws and Regulations or the Contract Documents; ARTICLE 14 - SUSPENSION OF WORK AND TERMINATION 14.1 Owner May Suspend Work. Owner may, at any time and without cause, suspend the Work or any portion thereof by notice in writing to Contractor and Engineer, which will fix either the date or requisite events for resumption of the Work. Contractor shall resume the Work on the date so fixed. Contractor may make a claim for an extension of the Contract Time on account of such suspension, as provided by and subject to the limitations of Article 11 hereinabove. 14.2 Contractor Default. The Owner may declare Contractor to be in default under the Agreement and may terminate Contractor's right to proceed thereunder if Contractor (i) is adjudged a bankrupt or insolvent, or makes a general assignment for the benefit of creditors, or Contractor or a third party files a petition to take advantage of any debtors act or to reorganize under the bankruptcy or similar laws, or a trustee or receiver is appointed for Contractor or for any of Contractor's property on account of the Contractor’s insolvency, and Contractor or its successor in interest does not provide adequate assurance of future performance in accordance with the Contract Documents within ten (10) days of receipt of a written request by Owner for such assurance; or (ii) admits in writing an inability to pay his debts generally as they become due; or (iii) fails or refuses to perform or prosecute the Work or any separate part or element thereof in accordance with the Contract Documents and with such diligence as will insure its completion within the Contract time, or Contractor fails to complete the Work within such Contract Time; or (iv) performs any Work which is rejected as Defective and fails or neglects to correct any such Work, or (v) fails to supply sufficient skilled workers or suitable materials or equipment; or (vi) fails to adhere to the original and any revised progress schedules established under the Contract Documents; or (vii) fails to make prompt payment to laborers, subcontractors and material suppliers; or (viii) abandons or suspends “Project Name” G-56 CITY OF CARMEL 1757668v2 General Conditions performance of any of the Work, or removes from the site materials or equipment reasonably required to perform and complete the Work, without Owner's written consent, directive or approval; or (ix) disregards Laws or Regulations or similar requirements and orders of any public body having jurisdiction; or (x) disregards the authority of Owner or Engineer, or (xi) otherwise violates in any material way any provisions or requirements of the Contract Documents. 14.3 Default Termination By Owner. Upon occurrence of any of the events of default provided by Section 14.2, Owner may, after giving Contractor and the Surety seven (7) days written notice, terminate the Agreement and Contractor's right to proceed there under, which termination shall become effective without further notice upon the expiration of such seven (7) day period, unless otherwise rescinded or modified by Owner in writing. The following shall govern in the event of a default termination by Owner as provided by this Section: 14.3.1 Owner may exclude Contractor from the site and take possession of the Work and of all Contractor’s tools, appliances, construction equipment and machinery at the site and use or authorize third party contractors to use the same for completing or correcting the Work, and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Owner and completion contractors shall not be liable to Contractor for the cost or value of any such property used or incorporated in the course of such completion or correction; 14.3.2 Owner may, by any means it may deem expedient and appropriate under the circumstances, complete and correct or contract with one or more separate contractors for completion and correction of the Work. Owner shall not be required to accept the lowest price or the shortest duration proposed for such completion or corrective Work. In the event that Owner takes Bids for completion or corrective Work, Contractor shall not be eligible for the award of any contracts resulting there from. 14.3.3 Contractor shall not be entitled to receive any further payment until all Work is completed and corrected and the total costs incurred by Owner in respect of such completion and correction have been ascertained. 14.3.4 Contractor and its surety shall be liable for liquidated damages for delayed completion of the Work as provided in the Contract Documents, based upon (i) the agreed dates for substantial and final completion as established by the contract(s) between Owner and the completion contractors, or (ii) the actual dates of substantial and final completion, whichever occurs first; 14.3.5 If the unpaid balance of the Contract Price exceeds the sum of (i) liquidated damages (ii) the Completion Costs as herein defined, (iii) such other damages to which Owner is entitled by reason of Contractor's breach or default under the Agreement or the termination thereof, and (iv) attorney fees incurred by Owner incidental to the enforcement of any rights and remedies against Contractor and its Surety afforded by the “Project Name” G-57 CITY OF CARMEL 1757668v2 General Conditions Contract Documents, such excess will be paid to Contractor or Surety as appropriate. If such sum exceeds such unpaid balance, Contractor and its surety shall pay the difference to Owner. 14.3.6 As used in this Section, the term “Completion Costs” shall mean any and all direct, indirect and consequential costs and expenses paid or incurred by Owner for or incidental to completion of the Work or correction of previous Work performed by Contractor, whether by Owner’s own forces or by one or more separate contractors engaged by Owner for such purposes, and shall include but not be limited to all fees and charges of engineers, architects, consultants, attorneys and other professionals, plus court costs, arbitration and arbitrator fees and charges. 14.3.7 Termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 14.3.8 If it is determined for any reason that Contractor was not in default, the termination shall be deemed a termination for convenience of the Owner, whereupon the rights and obligations of the parties shall be determined and governed in accordance with Section 14.4. 14.4 Termination For Convenience. Upon seven (7) days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Agreement in whole or in part for its convenience. Contractor shall immediately discontinue Work and follow all other instructions of Owner as stated in such notice, and shall take all other action as may be required or appropriate to minimize costs, damages and expenses in consequence of the termination. Furthermore, Contractor shall deliver to Owner all survey notes, drawings, specifications and estimates completed or partially completed and these shall become the property of Owner. Contractor shall not be entitled to payment on account of loss of anticipated profits or revenue or other economic loss associated with any terminated Work. Amounts payable to Contractor shall be limited to the following: 14.4.1 A portion of the Contract Price as fairly allocated to Work executed by Contractor in accordance with the Contract Documents prior to the effective date of termination; 14.4.2 Reasonable expenses sustained by Contractor prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, which shall not exceed the percentages established in Article 10; 14.4.3 Reasonable costs, losses and damages paid by Contractor in settlement of just claims under terminated contracts with Subcontractors, Suppliers and others. “Project Name” G-58 CITY OF CARMEL 1757668v2 General Conditions 14.5 Contractor Suspension of Work and Right To Terminate. If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety (90) days by Owner or under an order of court or other public authority, or Owner substantially fails to perform or make payment to Contractor as prescribed by the Contract Documents, Contractor may, upon thirty (30) days written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. ARTICLE 15 - MISCELLANEOUS 15.1 Giving Notice. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person or by facsimile telephone transmission (FAX) to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 15.2 Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction such day shall be omitted from the computation. A “day” and a "calendar day” are defined as twenty-four hours measured from midnight to the next midnight. 15.3 Injury to Persons and Property. Should Owner or Contractor suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other party’s employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this Section shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 15.4 Cumulative Duties and Rights. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and not to be construed in any way as a limitation of any rights and remedies available by Laws and Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Section shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 15.5 Assignment. Except as provided for in Section 6.8, Contractor may not delegate his duty of performance or assign all or part of his obligations or rights under the Contract Documents without Owner’s prior written consent. Subject to the restrictions of the preceding sentence, the Contract Documents are binding upon Owner and Contractor, their successors or assigns. 15.6 Governing Law. The Contract Documents shall be interpreted in accord with and governed by the laws of the State of Indiana, except for the conflict of laws “Project Name” G-59 CITY OF CARMEL 1757668v2 General Conditions provisions thereof. If any provision of the Contract Documents is found to be in conflict with those laws, the remaining provisions of the Contract Documents shall remain in effect. Owner and Contractor agree that any litigation associated with or arising from the Agreement shall be filed with a court of competent jurisdiction within Hamilton County, Indiana. 15.7 Indiana Department of Transportation Standard Specifications. All applicable portions of the Indiana Department of Transportation (INDOT) Standard Specifications shall apply to these Contract Documents to the extent not in conflict with the terms thereof. Where the words 'Standard Specifications' along with a reference consisting of a number or number and letter are used, they shall be construed as referring to the Indiana Department of Transportation Standard Specifications and the most recent supplemental specifications issued prior to Bid opening. 15.8 Salvage of Existing Equipment and Materials. Unless otherwise provided all existing equipment and materials as listed in the Technical Specifications, removed from existing facilities shall remain the property of Owner. Such equipment and materials shall be stored on-site at locations identified by Engineer. All other existing equipment and materials removed from existing facilities shall be the property of Contractor and shall be removed from the site. 15.9 English Language Requirement. All submittals, including, but not limited to, all shop drawings, catalog cuts, manufacturers' recommendations, and assembly and maintenance instructions shall only be written in the English language. 15.10 Trade Practice. In the event of any inconsistencies between the requirements of the Contract Documents and normal practice in the trade, the requirements of the Contract Documents shall control. 15.11 Cross-References. Cross-references in the Contract Documents are not intended as complete lists of related requirements specified elsewhere. The absence of a cross-reference to another section of the Contract Documents should not be deemed or construed to indicate that such other section does not specify related requirements where the two sections, read together, indicate otherwise. 15.12 Accounting Records. Contractor shall maintain proper accounting records for the work to be performed under this Agreement and shall provide an accounting for all charges and expenditures as may be necessary for auditing purposes. All such records shall be subject to examination and inspection by Owner representatives at reasonable hours. 15.13 Steel Products. In accordance with Indiana Code 5-16-8, if steel products are to be utilized or supplied in the performance of any contract or subcontract, only domestic steel products shall be used. Reference is hereby made to such statute for definitions applicable to this Section. Owner may not authorize or make any payment to Contractor unless Owner is satisfied that Contractor has fully complied with this provision. “Project Name” G-60 CITY OF CARMEL 1757668v2 General Conditions 15.14 Non-Discrimination. Contractor certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 15.15 Operating Instructions. Contractor, through qualified individuals, shall adequately instruct designated employees of the Owner in the operation and care of all equipment installed hereunder, except for equipment that may be furnished by the Owner. Contractor shall also furnish and deliver to Engineer within forty-five (45) days of the shop drawing approval date, five (5) complete sets for permanent files, identified in accordance with the section hereof headed “Working Drawings”, of instructions, technical bulletins and any other printed matter, such as diagrams, prints or drawings, containing full information required for the proper operation, maintenance and repair of the equipment installed and the ordering of spare parts, except for equipment that may be furnished by Owner. 15.16 Operation and Maintenance Manual. Contractor shall prepare and submit to Engineer five (5) copies of an Operation and Maintenance (O&M) Manual for all equipment and associated control systems furnished and installed under this Contract, if applicable. When the Work reaches sixty-five (65) to seventy (70) percent completion Contractor shall submit to Engineer for approval two (2) copies of the manual with all specified material that is available at that time. The submittal shall accompany Contractor’s partial payment request for the specified completion. Within thirty (30) days after Engineer's approval of the two-copy submittal Contractor shall furnish to Engineer the five (5) copies of the manual. Appropriate space shall be left in the manual for material not available at the time of submittal. All missing material for the manual shall be submitted prior to the request for final payment. 15.16.1 Each copy of the manual shall be prepared and arranged as follows: 1. One copy of each manufacturer's operation, lubrication and maintenance instructions and spare parts list for all equipment and controls furnished. All equipment operating, lubrication and maintenance instructions and procedures and parts lists shall be furnished on 8 1/2 x 11 inch commercially printed or typed forms. Such forms shall include equipment name, serial number and other identifying references. 2. List of electrical relay settings and control and alarm contact settings. 3. Electrical interconnection wiring diagram for equipment furnished including all control and lighting systems. “Project Name” G-61 CITY OF CARMEL 1757668v2 General Conditions 15.16.2 Each copy of the manual shall be assembled in one or more binders, each with the title page, typed table of contents, and heavy section dividers with copper reinforced holes and numbered plastic index tabs. Each manual shall be divided into sections paralleling the “Workmanship and Materials” equipment specifications. Binders shall be 3-ring, hard- back Type No. S-43772 as manufactured by Marshall-Jackson Co, Chicago, Illinois, or equal. All loose data shall be punched for binding and composition and printing shall be arranged so that punching does not obliterate any data. The cover and binding edge of each manual shall have the project title and manual title printed thereon, all as furnished and approved by Engineer. 15.16.3 All operating and maintenance material that comes bound by the equipment manufacturer shall be left that way. The appropriate sections of Contractor's O&M Manual shall cross-reference the manufacturers bound manual. 15.16.4 Where more than one (1) binder is required they shall be labeled Vol. 1, Vol. 2, and so on. The table of contents for the entire set, identified by volume number, shall appear in each binder. 15.16.5 The five (5) copies of the manuals and data included therein shall be provided in conformance with the subsection headed "Working Drawings" and, in addition, to the requirements of the Technical Specifications Workmanship and Materials Section. The costs of the Operation and Maintenance Manual shall be included in the lump sum Contract Price and no separate payment will be made therefore. The Operation and Maintenance Manual shall be included as a separate item in Contractor's schedule of values. 15.17 Service of Manufacturer’s Representatives. The Contract Price shall include the costs of furnishing competent and experienced engineers, superintendents or other technically qualified representatives who shall represent equipment manufacturers and shall assist Contractor, when required, to install, adjust, test and place in operation equipment in conformity with the Contract Documents. When equipment is ready for permanent operation, such engineers, superintendents or representatives shall make all adjustments and tests required by Engineer to prove that such equipment is in proper and satisfactory operating condition, and shall instruct such personnel as may be designated by Owner in the proper operation and maintenance of such equipment. 15.18 Water. Contractor shall provide, at its expense, the necessary water supply for Contractor's activities, and shall, if necessary, provide and lay necessary water lines from existing mains to the place where such water service is required, and shall secure all necessary permits and pay for all hookups, meters and taps to water mains or hydrants and for all water used at the established rates. 15.19 Light and Power. Contractor shall provide, at its own expense, temporary lighting and power facilities required for the proper prosecution and inspection of the “Project Name” G-62 CITY OF CARMEL 1757668v2 General Conditions Work, unless specified otherwise. Contractor shall meter and pay for Contractor’s share of all power utilized. 15.20 Contractor’s Field Office. Contractor shall erect, furnish and maintain a field office with a telephone at the site during the entire period of construction. He or an authorized agent shall be present at this office at all times while his work is in progress. Readily accessible copies of both the Contract Documents and the latest approved Working Drawings shall be kept at this field office. 15.21 Prevention, Control and Abatement of Erosion and Water Pollution. Contractor shall be responsible for prevention, control and abatement of erosion, siltation and water pollution resulting from construction of the project until Final Acceptance of the project. 15.21.1 Contractor shall provide, install, construct and maintain coverings, mulching, sodding, sand bagging, berms, slope drains, sedimentation structures or other devices necessary to meet Owner, State and Federal regulatory agency codes, rules and laws. 15.21.2 Contractor shall take sufficient precautions to prevent pollution of adjacent rivers and streams with fuels, oils, bitumens, or other harmful materials. Also, Contractor shall conduct and schedule operations so as to avoid or otherwise minimize pollution or siltation of the waters. 15.21.3 Storm drainage facilities, both open and closed conduit, serving the construction site shall be protected by the Contractor from pollutants and contaminants. If it is determined that siltation of drainage facilities has resulted due to the project, Engineer will advise Contractor to remove and properly dispose of the deposited material. Should Contractor fail to or elect not to remove the deposits, Owner will provide maintenance cleaning as needed and will charge all costs of such service against the amount of money due or to become due Contractor. 15.21.4 Excavated material shall not be deposited in streams, ditches or impoundments, or in a position close enough thereto to be washed away by high water or runoff. 15.21.5 Contractor shall not disturb lands or waters outside the limits of construction and public rights of way. The location of and methods of operation in all detention areas, borrow pits, material supply pits and disposal areas furnished by Contractor shall meet the approval of Engineer as being such that erosion during and after completion of the Work will not likely result in detrimental siltation or water pollution. 15.21.6 Contractor shall schedule operations such that the area of unprotected erodible earth exposed at any one time is not larger than the minimum area necessary for efficient construction operations; and the duration of exposure of uncompleted construction to the elements shall be as short as practicable. 15.21.7 Clearing and grubbing shall be so scheduled and performed that grading operations can follow immediately thereafter, and grading operations “Project Name” G-63 CITY OF CARMEL 1757668v2 General Conditions shall be so scheduled and performed that permanent erosion control features can follow immediately thereafter if conditions on the project permit. 15.21.8 The surface areas of unprotected erodible earth exposed by clearing and grubbing, excavation or filling operations shall be kept to a minimum. Immediate erosion or pollution control measures to prevent siltation or contamination of any stream, ditch or other impoundment or to prevent damage to the project or property outside the project limits shall be provided when necessary. 15.22 Air Borne Particulate. Contractor shall comply with Indianapolis Air Pollution Regulation II-4, which is hereby incorporated into this Section by reference. A copy of such regulation will be furnished to Contractor upon request. 15.23 Professional Fees and Court Costs Included. Whenever reference is made to claims, costs, losses or damages recoverable by Owner against Contractor or its surety, such recovery shall include, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. END OF THIS SECTION 1 TECHNICAL SPECIFICATIONS TS-1 TS 1 GOVERNING DOCUMENTS ....................................................................................... 3 TS 2 BASE BID AND ALTERNATE BID 1 ......................................................................... 3 TS 3 COMPLETION DATES AND LIQUIDATED DAMAGES ......................................... 4 TS 4 HOLIDAYS WHEN WORK IS NOT PERMITTED ..................................................... 4 TS 5 WORK SCHEDULE SUBMITTAL ............................................................................... 4 TS 6 CONSTRUCTION WORK HOURS .............................................................................. 5 TS 7 COOPERATION WITH UTILITIES ............................................................................. 5 TS 8 EROSION CONTROL SUBMITTAL ............................................................................ 7 TS 9 LIMITATIONS OF OPERATIONS ............................................................................... 8 TS 10 EXISTING CONDITIONS ............................................................................................. 9 TS 11 PROTECTION OF EXISTING STRUCTURES, PIPE, AND YARD TILE ................. 9 TS 12 RIGHT-OF-WAY CLEARING ...................................................................................... 9 TS 13 MAINTAINING TRAFFIC .......................................................................................... 10 TS 14 ROAD CLOSURE ........................................................................................................ 10 TS 15 ROAD CLOSURE NOTIFICATION ........................................................................... 12 TS 16 MATERIAL TESTING ................................................................................................ 12 TS 17 UNDISTRIBUTED ITEMS.......................................................................................... 12 TS 18 OPEN BURNING OF NATURAL GROWTH ............................................................ 12 TS 19 STREET CLEANING .................................................................................................. 13 TS 20 TRANSPORTATION OF SALVAGEABLE ITEMS .................................................. 13 TS 21 SAW CUTTING ........................................................................................................... 13 TS 22 HMA – HOT MIX ASPHALT ..................................................................................... 13 TS 23 PAVEMENT SMOOTHNESS ..................................................................................... 14 TS 24 TOP SOIL ..................................................................................................................... 14 TS 25 SPEEDWAY LLC PARCEL ........................................................................................ 16 TS 26 CONCRETE COLORING AND JOINTING ............................................................... 16 TS 27 STONE BASE FOR COLORED CONCRETE AREAS .............................................. 18 TS 28 SIDEWALK, CONCRETE, 4 IN. ................................................................................ 18 TS 29 ADJUSTING RINGS ................................................................................................... 19 TS 30 STRUCTURE CASTINGS AND HOODS .................................................................. 19 TS 31 EXISTING STRUCTURE ADJUSTMENT ................................................................. 20 TS 32 ADJUST VALVE BOX TO GRADE ........................................................................... 20 TS 33 RELOCATE FIRE HYDRANT ................................................................................... 20 TS 34 WATER UTILITY STANDARD DETAILS & REQUIREMENTS ............................ 21 TS 35 SECTION CORNER MONUMENT ............................................................................ 21 TS 36 INTENTIONALLY OMITTED ................................................................................... 21 TS 37 MAILBOX ASSEMBLY.............................................................................................. 21 TS 38 LIGHTING POWER DISTRIBUTION PANEL .......................................................... 22 TS 39 CABLE INNERDUCT ................................................................................................. 24 TS 40 PAYMENT FOR DRIVES ........................................................................................... 24 TS 41 ASPHALT MATERIAL THICKNESS AND CONFORMANCE ............................... 24 TS 42 GRADING BEHIND WALK ....................................................................................... 24 TS 43 MATERIAL ACCEPTANCE ....................................................................................... 25 TS 44 FINAL CLEANUP .......................................................................................................... 25 TS 45 STANDARD DRAWINGS .......................................................................................... 25 TS 46 FIELD OFFICE ............................................................................................................ 25 TS 47 INTENTIONALLY OMITTED .................................................................................... 25 TS 48 CONSTRUCTION NOISE ........................................................................................... 26 TS 49 HMA SURFACE COURSE .......................................................................................... 26 TS 50 EROSION CONTROL GUARANTEE ........................................................................ 26 TS 51 SOD AND LANDSCAPE MAINTENANCE AND WARRANTY PERIOD .............. 26 TS 52 ROUNDABOUT ISLAND CONDUIT ........................................................................ 27 TS 53 HANDRAIL ................................................................................................................. 27 TS 54 RIGHT OF ENTRY ...................................................................................................... 28 TS 55 PLAN MEASURED QUANTITIES ............................................................................ 28 2 TS 56 EXCESS MATERIAL - DISPOSAL ............................................................................ 28 TS 57 RESTORATION OF DISTURBED AREAS ............................................................... 28 TS 58 BITUMINOUS SURFACE COURSE .......................................................................... 29 TS 59 PIPE REMOVAL ......................................................................................................... 29 TS 60 MANHOLES - EXISTING........................................................................................... 29 TS 61 REMOVED AND RESET CASTING TO GRADE ..................................................... 29 TS 62 RESETTING STREET SIGNS ..................................................................................... 30 TS 63 WATERING REQUIREMENTS FOR NEWLY PLANTED TREES ......................... 30 TS 64 PLANT AND TREE INSTALLATION ....................................................................... 30 TS 65 LIGHT POLES AND BASES ...................................................................................... 30 TS 66 CONDUIT, 1" IN TRENCH WITH WIRING .............................................................. 30 TS 67 ADA CURB RAMPS ................................................................................................... 31 TS 68 AS-BUILT PLANS ....................................................................................................... 31 TS 69 COORDINATION WITH SITE DEVELOPER ........................................................... 31 TS 70 RAISED PEDESTRIAN CROSSING .......................................................................... 32 TS 71 CURB INLET FILTER ................................................................................................ 32 TS 72 DECORATIVE STREET SIGNS ................................................................................. 33 TS 73 DRAINAGE STRUCTURES ....................................................................................... 33 TS 74 PIPE AND PIPE END SECTIONS .............................................................................. 33 TS 75 DECORATIVE STREET LIGHTING ......................................................................... 33 TS 76 CITY OF CARMEL WATER UTILITY ......................................................................... 35 TS 77 PLANTING SOIL MIX ................................................................................................ 57 TS 78 SHREDDED HARDWOOD MULCH ......................................................................... 58 TS 79 PLANTS ....................................................................................................................... 58 TS 80 IRRIGATION SYSTEM .............................................................................................. 63 TS 81 PRIVATE IRRIGATION ................................................................................................ 77 TS 82 TREE PROTECTION ...................................................................................................... 78 TS 83 GEOTECHNICAL REQUIREMENTS ........................................................................... 83 TS 84 HANDRAIL POST EMBEDMENT ............................................................................. 83 TS 85 SIGN POSTS ................................................................................................................ 83 TS 86 BFS RETAIL & COMMERCIAL OPERATIONS LLC PARCEL .............................. 83 TS 87 DEWATERING ............................................................................................................ 83 TS 88 CAPPING CUT AND FILL SLOPES STEEPER THAN 3:1 ...................................... 85 TS 89 COMPACTED SUBGRADE FOR SHARED-USE PATH .......................................... 86 TS 90 SIGN, SHEET, RELOCATE ........................................................................................ 86 TS 91 FINEBERG GROUP, LLC PARCEL COORDINATION ........................................... 87 TS 92 KRG CENTRE, LLC PARCEL COORDINATION .................................................... 87 TS 93 FINEBERG GROUP, LLC PARCEL PRIVATE LIGHTING ..................................... 87 TS 94 FINEBERG GROUP, LLC PARCEL PRIVATE IRRIGATION ................................. 87 TS 95 PRIVATE LIGHT, RELOCATE .................................................................................. 89 TS 96 DECORATIVE ASPHALT BLOCK............................................................................ 89 TS 97 INTEGRAL COLORED CONCRETE ......................................................................... 92 TS 98 LAWN SEEDING ........................................................................................................ 94 TS 99 DEPRESSED CURB AND GUTTER ............................................................................. 96 TS 100 S-MART REAL ESTATE, INC. .................................................................................. 96 TS 101 DETECTABLE PEDESTRIAN BARRICADE ............................................................ 96 3 TECHNICAL SPECIFICATIONS TS 1 GOVERNING DOCUMENTS The applicable sections of the following documents shall apply except as modified elsewhere herein: 1) Indiana Department of Transportation (INDOT) Standard Drawings and Standard Specifications – Latest Edition. 2) INDOT Supplemental Specifications 3) City of Carmel - Standards for Construction of Required Improvements Unless otherwise specified within the Contract Documents, whenever any specification, standard, reference material, manual or other similar document is incorporated by reference into any of the contract documents, it shall be deemed to be the latest edition of said item including any and all supplemental addendum, which was in effect on the date of the bid opening for this project. TS 2 BASE BID AND ALTERNATE BID 1 “Base Bid” “Base Bid” shall include all necessary materials, equipment, and labor to construct the required roadway work as shown on the plans and included in the itemized proposal. This work shall follow the schedule describe in TS 3 and TS 14 and detailed below. Completion Dates: Medical Drive & Range Line Road Roundabout November 12th, 2021 116th Street & Range Line Road Roundabout August 1st, 2022 Substantial Completion: October 3rd, 2022 Final Project Completion: November 25th, 2022 “Alternate Bid 1” Alternate Bid 1 shall include all necessary materials, equipment, and labor to construct a Decorative Paver Path and Decorative Paver Curb Ramps in lieu of the Standard HMA Path and Standard Concrete Curb Ramps. All items shown on the Hardscape Plans and Hardscape Details relating to the construction of the Decorative Paver Path and Decorative Paver Curb Ramps shall be included in the Alternate Bid 1 as see on the Itemized Proposal including but not limited to integral colored concrete band, asphalt block pavers, concrete base, bituminous setting bed, curb ramp with pavers, tack coat, sand swept joints, compacted #53 coarse aggregate base, weep holes, dowel bars, preformed expansion joints and sealant, and all other necessary materials, equipment and labor. 4 TS 3 COMPLETION DATES AND LIQUIDATED DAMAGES Substantial Completion: October 3rd, 2022 Final Project Completion: November 25th, 2022 The Substantial Project Completion Date is based on a Notice to Proceed by the OWNER given on or before July 16th, 2021 for the construction of Specified work. All road closures must meet the requirements of TS 14. All contracts shall be calendar day contracts and shall include all days in the number of days provided for completion including weekend days and holidays, even if these days are identified as non-work days within the contract documents. Substantial Completion is defined as set forth in Article 1 of the Standard General Conditions. Substantial Completion is further defined to include the completion of the HMA Surface, permanent pavement markings, permanent signage, raised pedestrian crossings, all pedestrian facilities, parking spaces, private and public drives, lighting, storm structure installation, and sodding. Liquidated damages of $1,000 per day shall be assessed for every day beyond the agreed upon Substantial Completion and Final Completion date, listed above, that the project does not meet the completion requirements. TS 4 HOLIDAYS WHEN WORK IS NOT PERMITTED The CONTRACTOR may not perform work on the following days unless requested and approved or permitted by the ENGINEER or OWNER: Sundays (unless otherwise approved by City Engineer) New Years Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day TS 5 WORK SCHEDULE SUBMITTAL The CONTRACTOR shall provide a critical path work schedule for the entire project with the Post-Bid documents. This schedule shall be submitted to and approved by the ENGINEER prior to the start of construction and shall be updated as necessary. No work will be allowed until this schedule is submitted and approved; however, the CONTRACTOR will not be granted any time extension due to this delay. 5 TS 6 CONSTRUCTION WORK HOURS The CONTRACTOR shall perform all construction activities between the hours of 7:00 am and 7:00 pm unless receiving prior approval from the ENGINEER. TS 7 COOPERATION WITH UTILITIES It shall be the CONTRACTOR’S responsibility to have all utilities located before construction in a particular area. The CONTRACTOR shall coordinate with all utilities in the adjustment of these facilities and in order to avoid damage to any facilities. Damage to any of the existing public utility facilities during the project caused by the CONTRACTOR'S operations or equipment, shall be repaired by the CONTRACTOR at no expense to the Contract. This includes sewer, water, gas, electric, telephone, cable, etc. and includes facilities within proposed storm sewer trenches. However, if any utilities are exposed and must be relocated for construction to continue, this work shall be performed by the utility, or the CONTRACTOR shall be reimbursed at an agreed upon price to perform such work. If the utility performs the work, the CONTRACTOR shall coordinate with the utility in order to expedite said work. The facilities of AT&T exist within the project limits and are expected to be affected by the proposed construction. A 6MCD duct bank runs north to south along the west side of Range Line Road through this project limits. This duct is not expected to be affected by the proposed construction however, 2 pedestals and a cable and casting adjustments will be performed by the utility. There is second 6MCD duct bank running north to south approximately 10’ east of the existing curb line. There is also a 9 duct run which heads east along 116th Street from the intersection with Range Line Road. It is anticipated the utility will be relocated prior to construction in the conflict area. If questions arise, Jeff Rice of the utility may be contacted at (317)-610-5438. The final work plan is pending. The facilities of City of Carmel Water exist within the project limits, and are anticipated to be in conflict with the proposed construction. The water line relocation will be completed as part of the road contract. If questions arise, Steve Cook of the utility may be contacted at (317)-716-3913. The facilities of City of Carmel Sanitary exist within the project limits. Adjustments to existing sanitary manholes are proposed within the plans to be adjusted by the Contractor per City specifications and inspected by a Carmel Sewer Inspector. Coordination to perform the work is required, as this work must be performed with a representative from Carmel Sanitary present. The utility shall be contacted regarding any necessary adjustments that are not identified in the technical specifications or plans. If questions arise, Mike Hendricks of the utility may be contacted at (317)-571-2634. The facilities of City of Carmel Information and Communications Systems exist within the project limits, and will be relocated by the Contractor as part of the road 6 contract. The utility shall be contacted regarding any necessary adjustments that are not identified in the technical specifications or plans. If questions arise, Brian Smith of the utility may be contacted at (317)-574-2591. The facilities of Duke Energy exist within the project limits and are expected to be affected by the proposed construction. There is an existing 12kv 3-phase line along the south side of 116th street, an overhead secondary line along the west side of Range Line/Westfield Blvd south of 116th street, an underground secondary crossing west of Range Line Road, and an underground secondary crossing east of Range Line Road feeding the traffic signals. It is anticipated the utility will be relocated prior to construction in the conflict area. If questions arise, Bill Ferrell of the utility may be contacted at (317)-776-5351. The final work plan is pending. The facilities of Vectren exist within the project limits and are expected to be affected by the proposed construction. The facilities consist of 8” steel, 4” steel, 4” plastic gas mains along the east side Range Line Road, an 8” steel gas main along the south side of 116th St. east of Range Line Road, and a 4” plastic gas main on the north side of 116th St. west of Range Line Road. It is anticipated the utility will be relocated prior to construction in the conflict area. Any relocation of existing facilities will be done by the utility. If questions arise, Shawn Williams of the utility may be contacted at (317)- 776-5574. The final work plan is pending. The facilities of Comcast exist within the project limits and are expected to be affected by the proposed construction. A fiber optic cable runs along the east side of Westfield Boulevard and also along the west side of Range Line Road from 116th Street to Carmel Drive. There are also hand holes within the project limits. The underground fiber optic cable will be placed in a joint communication duct package along the east side of Range Line Road. The utility will also relocate existing hand holes at the Range Line Road and Medical Drive intersection. The utility will be responsible for the relocation any conflicting facilities. If questions arise, Scott Evans of the utility may be contacted at (317)-752-6569. It is anticipated that the relocation work will be complete in place by July 2021. The facilities of Spectrum exist within the project limits and are expected to be affected by the proposed construction. Existing underground cables run along the south side of 116th Street. Existing underground fiber optic cables also run along the west side of Westfield Boulevard. There are also existing hand holes and pedestals within the project limits. The underground cables will be relocated to the east side of Westfield Boulevard and then will run east along the south side of 116th Street. Hand holes will be placed within the project limits, but are not expected to conflict with construction. The utility will be responsible for the relocation of any conflicting facilities. If questions arise, Byron Posey of the utility may be contacted at (317)-538-2016. It is anticipated that the relocation work will be complete in place by July 2021. The facilities of Zayo exist within the projects limits. An existing aerial fiber optic cable runs along the south side of 116th Street on existing power poles. There is also an existing underground fiber optic cable on the west side of Westfield Boulevard. The 7 aerial fiber optic line will be removed from existing power poles and placed in a joint communication duct package along the north side of 116th Street. The underground fiber optic cable will be placed in a joint communication duct package on the east side of Westfield Boulevard/Range Line Road. Hand holes will be placed within the project limits, but will not conflict with construction. The utility will be responsible for the relocation of any conflicting facilities. If questions arise, Waylon Higgins of the utility may be contacted at (765)-341-1199. It is anticipated that the relocation work will be complete in place by July 2021. The facilities of TCA exist within the projects limits. An existing underground fiber optic cable runs along the east side of Westfield Boulevard. The existing underground fiber optic cable will be placed in a joint communication duct package on the east side of Westfield Boulevard/Range Line Road. Hand holes will be placed within the project limits, but will not conflict with construction. The utility will be responsible for the relocation of any conflicting facilities. If questions arise, Brian Cravens of the utility may be contacted at (317)-371-1155. It is anticipated that the relocation work will be complete in place by July 2021. The facilities of Windstream exist within the projects limits. An existing aerial fiber optic cable runs along the south side of 116th Street. The existing aerial fiber optic cable will be placed in a joint communication duct package on the north side of 116th Street. Hand holes will be placed within the project limits, but will not conflict with construction. The utility will be responsible for the relocation of any conflicting facilities. If questions arise, Mark Mills of the utility may be contacted at (217)-876-7194. It is anticipated that the relocation work will be complete in place by July 2021. The facilities of Level 3 exist within the projects limits. An existing underground fiber optic cable runs along the west side of Westfield Boulevard. The underground fiber optic cable will be placed in a joint communication duct package on the east side of Westfield Blvd/Range Line Road. Hand holes will be placed within the project limits, but will not conflict with construction. The utility will be responsible for the relocation of any conflicting facilities. If questions arise, Brian Cravens of the utility may be contacted at (317)-371-1155. It is anticipated that the relocation work will be complete in place by July 2021. The facilities of Metronet exist within the project limits and are not expected to be affected by the proposed construction. If questions arise, Stephen Dixon of the utility may be contacted at (317)-763-1389. TS 8 EROSION CONTROL SUBMITTAL Prior to commencing work, the Contractor shall prepare and submit to the Engineer for approval an erosion control plan that includes, at a minimum, the following items: Locations of all proposed soil stockpiles, borrow areas, or disposal areas. 8 Locations of all proposed vehicle and equipment parking areas, vehicle and equipment fueling locations, placement of the site construction trailers, location of all on-site batch plants, and designated concrete truck washout areas. Proposed construction sequence and phasing of erosion control measures. Location of all construction entrances where vehicles and equipment will enter and exit the site. Material handling and spill prevention plan, which shall include a list of expected materials that may be present on the site during construction operations, as well as a written description of how these materials will be handled to minimize the potential that the materials may enter storm water runoff from the site. Statement that the erosion control measures for the project will be inspected, at a minimum, on a weekly basis and within 24 hours of every ½ inch rain event. The Engineer will submit the Erosion Control Plan to: soil.water@hamiltoncounty.in.gov and Mark McCauley, Resource Conservationist Hamilton County SWCD 1717 Pleasant Street Noblesville IN 46060 (317) 773-2818 mark.mccauley@hamiltoncounty.in.gov Ground disturbing activities shall not commence until the Hamilton County Soil and Water Conservation District (SWCD) has reviewed and approved the Erosion Control Plan. Method of Measurement. This work will not be measured for payment. Basis of Payment. This item includes all costs required to prepare the Erosion Control Plan as described. Preparation of the Erosion Control Plan will not be paid for directly, but such cost shall be included in the cost of the other pay items. Temporary erosion control measures will be paid for with the pay items included in the itemized bid. No direct payment will be made for notifications or preparation of amendments to the SWPPP, but such cost shall be included in the cost of other pay items. TS 9 LIMITATIONS OF OPERATIONS When in the judgment of the OWNER, the CONTRACTOR has obstructed or closed a greater portion of the work than is necessary for proper construction, or is carrying on operations to the prejudice of the work already started, the OWNER may require the CONTRACTOR to finish that portion of the work which is in progress before any additional portions are started. Work shall be conducted with minimum inconvenience to traffic. 9 Except as hereafter specified, no loads of material for any construction shall be dispatched from cars or plants so late in the day that it cannot be placed, finished and protected within the Specification limits and provisions in the daylight hours of that same day. TS 10 EXISTING CONDITIONS The CONTRACTOR shall verify the elevations and measurements of all points where new construction is to match existing conditions prior to the commencement of any construction activities. No direct payment shall be made for this work but the cost thereof shall be included in the costs of the other items of the contract. TS 11 PROTECTION OF EXISTING STRUCTURES, PIPE, AND YARD TILE On this project there are existing storm drainage and sanitary sewer structures that are to remain in place. The CONTRACTOR shall take care that these structures are not damaged. If any of these structures are damaged, the CONTRACTOR shall be required to repair them at his own expense. Yard tile encountered and affected by the scope of work specified within the Contract Documents shall be given a positive outlet. Any tile damaged by the CONTRACTOR's operations shall be replaced by the CONTRACTOR at his own expense. Yard tile encountered and affected by the scope of work specified within the Contract Documents shall be given a positive outlet. The CONTRACTOR at his own expense shall replace any tile damaged by the CONTRACTOR’S operations. TS 12 RIGHT-OF-WAY CLEARING Clearing Right-of-Way shall be in accordance with the requirements of Section 201. Cavities formed by the removal of shrubs, trees and/or stumps and located outside of proposed pavement areas shall be backfilled and compacted with approved material. Such compaction shall comply with Section 211.04. The top six (6) inches of the backfilled area shall be topsoil in accordance with TS 24. No direct payment shall be made for this work, but the cost thereof shall be included in the costs of the other items. The cost of tree and stump removal, trimming, removal of fences, curbs, sidewalks, drainage structures, pipes, signs, traffic signals/controllers and foundations, and other items within the right-of-way or as directed by the ENGINEER will not be paid for, but shall be included in the lump sum price for Clearing of Right-of-Way. All tree replanting as shown on the plans shall be included in the lump sum price for “Clearing Right-of-Way” and shall be performed as directed by the Arborist of the City of Carmel. Any 10 trees which do not survive the replanting shall be replaced by the CONTRACTOR to the satisfaction of the resident at the CONTRACTOR’s expense. TS 13 MAINTAINING TRAFFIC Maintenance of traffic shall be the sole responsibility of the CONTRACTOR. Access and traffic to all businesses, residences, for all postal deliveries and all emergency traffic such as police, fire, medical, etc. within the project limits, shall be maintained at all times. Unless otherwise directed, or permitted, the work specified shall be arranged and prosecuted in accordance with all applicable provisions of Sections 104.04, 107, 801 and as set out in INDOT Standard Specifications. The names and telephone numbers of the CONTRACTOR'S superintendent and one other responsible employee shall be furnished at the pre-construction conference. These employees shall be on call and available at nights, weekends, or during other non-working periods to repair or replace all traffic control devices, which may become damaged or inoperative. In the event the CONTRACTOR desires not to perform traffic maintenance in accordance with the sequence of operations as called for within the Contract Documents, CONTRACTOR shall submit his alternate plan in writing to the ENGINEER and obtain acceptance at least 1 week prior to the commencement of any construction activities. Open trenches, if permitted by the ENGINEER, shall be spanned per current OSHA requirements and with the concurrence of the ENGINEER. Any trenching areas adjacent to a sidewalk shall be barricaded. The CONTRACTOR shall be prepared to have all construction signs erected for the project as specified by the ENGINEER. All temporary traffic control devices not listed separately or adjustments, labor, materials, etc., necessary for the maintenance of traffic as called for within the Contract Documents, or as permitted by the ENGINEER shall be included in the lump sum price for ‘Maintenance of Traffic’, as set out in the itemized proposal. TS 14 ROAD CLOSURE If the contract is not completed on or before the substantial completion date shown in TS 3, $1,000 will be assessed as liquidated damages, not as a penalty, but as damages sustained, for each calendar day that substantial completion is not complete. If the contract is not completed on or before the completion dates shown in TS 2, $1,000 will be assessed as liquidated damages, not as a penalty, but as damages sustained, for each calendar day that any of the completion dates are not complete. 11 If the contract is not completed on or before the contract completion date shown on the Proposal sheet, $1,000 will be assessed as liquidated damages, not as a penalty, but as damages sustained, for each calendar day that the contract is not complete. Extension of contract time, if required, shall be in accordance with 108.08. Range Line Road & 116th Street It will be necessary to partially close the intersection of Range Line Road & 116th Street to traffic for the construction of the roundabout. The intersection shall be closed in 2-Phases as detailed on the plans. Phase 1 shall consist of closing the southern portion of the 116th Street & Range Line Road Intersection. Phase 2 shall consist of closing the north portion of the 116th & Range Line Road Intersection. The CONTRACTOR shall minimize the duration of road closure by constructing as many off-road items as reasonable while the mainline remains open. The CONTRACTOR may use lane reductions with flagger control during work activities in order to install the storm sewer system. Road and driveway cuts may be plated or topped with Compacted Aggregate Base No. 53 and opened to local traffic. The cost of this work will not be paid for directly but shall be included in the cost of Maintaining Traffic. The maximum permitted Phase 1 Closure of the Range Line Road & 116th Street intersection shall be 45 calendar days. The maximum permitted Phase 2 Closure of the Range Line Road & 116th Street intersection shall be 45 calendar days. Incentives shall be $1,000 per day for every day less than the maximum permitted calendar day closure for Range Line Road & 116th Street that at least one lane of traffic (10’ minimum width) is provided in all directions up to a maximum of 15 day bonus per Phase. Liquidated damages of $1,000 per day shall be assessed for every day beyond the maximum permitted calendar day closure for Range Line Road & 116th Street per Phase. The earliest date for which the intersection of Range Line Road and 116th Street is allowed to be closed is March 1st, 2022 and the intersection shall be open to traffic no later than August 1st, 2022. Range Line Road & Medical Drive It will be necessary to close the intersection of Range Line Road & Medical Drive to traffic for the construction of the roundabout. The CONTRACTOR shall minimize the duration of road closure by constructing as many off-road items as reasonable while the mainline remains open. The CONTRACTOR may use lane reductions with flagger control during work activities in order to install the storm sewer system. Road and driveway cuts may be plated or topped with Compacted Aggregate Base No. 53 and opened to local traffic. The cost of this work will not be paid for directly but shall be included in the cost of Maintaining Traffic. The maximum permitted closure of the Range Line Road & Medical Drive intersection shall be 45 calendar days. 12 Incentives shall be $1,000 per day for every day less than the maximum permitted calendar day closure for Range Line Road & Medical Drive that at least one lane of traffic (10’ minimum width) is provided in all directions up to a maximum of 15 day bonus. Liquidated damages of $1,000 per day shall be assessed for every day beyond the maximum permitted calendar day closure for Range Line Road & Medical Drive. The earliest date for which the intersection of Range Line Road & Medical Drive is allowed to be closed is August 1st, 2021 and the intersection shall be open to traffic no later than November 12th, 2021. TS 15 ROAD CLOSURE NOTIFICATION The CONTRACTOR shall post an advance closure construction sign that notifies the traveling public of a road closure and the duration of the closure at least 14 days in advance of the road closure, unless otherwise approved by the ENGINEER. The advance closure construction sign legend shall generally state that the named road or street will be closed on or after a specific date for a number of days. The signs shall be placed as shown on the plans or as directed by the ENGINEER. The advance closure construction signs shall be in accordance with Section 801 of the INDOT Standard Specifications and paid for at the contract unit price per each for Construction Sign, A. TS 16 MATERIAL TESTING The ENGINEER will be responsible for compaction testing and concrete testing for the project. The CONTRACTOR shall be responsible for lime stabilization proctor testing. The cost of material testing shall be included in the cost of other pay items. Asphalt materials shall be provided as shown on the plans; certifications and acceptance shall be in accordance with Section 402 of the INDOT Standard Specifications. TS 17 UNDISTRIBUTED ITEMS Quantities of undistributed items needed in addition to those shown on the itemized proposal and approved by the ENGINEER will be paid for at the contract unit price for the quantity used on the project. In addition, there shall be no adjustment in the contract unit price if quantities are less than those shown on the itemized proposal and the item can be deleted entirely without impact to the contract amount. All work involving undistributed items shall be performed only at the direction of the ENGINEER. TS 18 OPEN BURNING OF NATURAL GROWTH Open burning of natural growth is not permitted on this contract. 13 TS 19 STREET CLEANING The CONTRACTOR shall provide effective dust control throughout the project. Loader- mounted pick-up, power sweepers, or other types of pull type models shall be used for street cleaning. Street cleaning shall also be performed prior to the pre-final meeting as directed by the ENGINEER. Street cleaning will not be paid directly, but shall be included in the cost of various items of the contract regardless of the amount of times this operation is reasonably requested. Naturally occurring conditions, out of the control of the owner, that cause more dust control than normal shall not be a valid reason for request of payment for dust control. TS 20 TRANSPORTATION OF SALVAGEABLE ITEMS Existing traffic control devices, signs, pipe, end sections, castings and manhole covers, decorative light poles, etc. specified to be removed will be salvaged and stockpiled at the job site by the CONTRACTOR. The CONTRACTOR shall deliver those items designated by the ENGINEER, to the City of Carmel or appropriate owner. The remainder of the items shall become the property of the CONTRACTOR. No direct payment will be made for removal, storage and transportation of items to be salvaged, but such cost shall be included in the cost of Clearing Right of Way. TS 21 SAW CUTTING In all areas where proposed construction matches existing conditions, full depth saw cutting shall be required. No direct payment will be made for saw cutting but the cost thereof shall be included in the costs of the other items. TS 22 HMA – HOT MIX ASPHALT This work shall consist of courses of HMA at the locations shown in accordance with Section 402 of the INDOT Standard Specifications. The HMA course of HMA, Intermediate, Type C, OG, 19.0 mm shall be in accordance with Section 401 of the INDOT Standard Specifications, with the exception of the quality assurance measures referenced. No samples or density cores will be obtained unless directed to by the ENGINEER. Type C is a minimum only. HMA paving operations in street approach areas shall utilize the mainline HMA pay items. 14 An asphalt tack coat shall be applied between each course of HMA material or as directed by the ENGINEER. Asphalt tack coat shall also be applied in areas of surface milling and asphalt overlay. If no Asphalt for Tack Coat item is provided in the itemized proposal then the cost shall be included in the costs of the HMA items. TS 23 PAVEMENT SMOOTHNESS Description The pavement smoothness will be accepted by means of a 16 ft long straightedge. The 16 ft long straightedge shall be used on all full width pavement lanes, overlays that are preceded by milling, all full width pavement lanes shorter than 250 ft, on tapers, within 50 ft of bridge ends, and within 50 ft of an existing pavement, which is being joined. The 16 ft long straightedge will be furnished and operated by the CONTRACTOR in the presence of the ENGINEER for the City of Carmel. All wavelike irregularities and abrupt changes in profile caused by paving operations shall be corrected. Each finished course of base and intermediate shall be subject to approval. The pavement smoothness shall be checked on any new intermediate course located immediately below a surface course and the surface course as directed by the ENGINEER. If grinding of the intermediate course is used for pavement smoothness corrections, the grinding shall not precede the surface placement by more than 30 calendar days if open to traffic. When the 16 ft straightedge is used on a surface course, the pavement variations will be corrected by grinding with a grooved type cutter, or removal, and surface replacement. The ENGINEER and the City of Carmel shall determine the limits of the correction area. In no case shall the width of correction be less than the original paved lane width in that area. When the 16 ft straightedge is being used on an intermediate course, all areas having a high or low point deviation in excess of 1/4 in. shall be corrected by means of grinding with a grooved type cutter or an approved alternate method. Corrections for pavement smoothness shall not be paid for but will be at the cost of the CONTRACTOR. TS 24 TOP SOIL Description This work shall consist of the testing, placement, and installation of topsoil in accordance with these requirements, the INDOT Standard Specifications, and as indicated on the plans. 15 Materials A. Materials shall be in accordance with Section 914.01 of the INDOT Standard Specifications as follows: 1. 914.01 Special Topsoil for Roadside Development This topsoil shall consist of loose friable soil, free of refuse, stumps, large roots, rocks over 2 in. in diameter, brush, weeds, or other material which would be detrimental to the proper development of vegetative growth. It shall be capable of supporting normal vegetation as demonstrated by the growth of healthy vegetation on it. It shall not be taken from a source known to contain any of the noxious weeds defined as such in the Indiana State Seed Law, IC 15-4-1. 10 Topsoil shall have a pH value of 6.2 to 7.4. Testing for pH value shall be performed in accordance with AASHTO T 289. Agricultural limestone may be added to topsoil in order to raise the pH to meet specification requirements. 2. Topsoil Source: Import topsoil or manufactured topsoil from off-site sources as necessary. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from bogs or marshes. On site soil may be used. 3. Topsoil test results shall be supplied to the ENGINEER. B. Materials that do not meet these requirements shall not be incorporated into the work as topsoil. C. The ENGINEER and CONTRACTOR shall consult and agree on suitability of onsite topsoil generated from common excavation stripping operation and incorporate the approved material into the project. When or if this suitable material is exhausted, only then, or as directed, can the Pay Item for Topsoil can be utilized to import Topsoil to the project. Construction Requirements A. If existing soil suitable for amendment, as determined by the ENGINEER, is not available in sufficient quantities onsite, Topsoil shall be furnished at the contract unit price for Topsoil. B. Topsoil is to be placed on all plant beds, disturbed areas, and seeded or sod areas to a minimum depth of three (3) inches or as directed by the ENGINEER. The ENGINEER may authorize an additional excavation in areas designated to be seeded, sodded, or landscaped. Payment for additional cut, beyond the finished grade, required to place topsoil at the ENGINEERS direction will be made at the contract unit price for Common Excavation C. In addition to B. above, topsoil is to be placed in medians and roundabout islands at a minimum depth of one (1) foot or as directed by the ENGINEER. Method of Measurement Topsoil will be measured by the cubic yard in accordance with Article 211.09. Basis of Payment 16 The accepted quantities of topsoil will be paid for at the contract unit price per cubic yard. Payment will be made under: Pay Item Pay Unit Symbol Topsoil CYS TS 25 SPEEDWAY LLC PARCEL Contractor to coordinate construction and sequence of driveways accessing the Speedway LLC Parcel with the property owner prior to construction. Access for Fuel Trucks into and out of the Speedway LLC Parcel must be maintained at all times. All proposed drives to the Speedway LLC Parcel shall be Class C concrete. TS 26 CONCRETE COLORING AND JOINTING Description This work shall consist of the coloring and jointing of concrete for concrete medians and/or roundabout truck aprons. Submittals A. Samples for Color Verification 1. Submit sample chips of specified colors indicating color additive numbers and required dosage rates. Samples indicate general color and may vary from concrete finished in field according to Specifications. B. Product Data: For each type of manufactured material and product indicated. C. Colored Concrete Mock-Up: 1. At location on Project selected by ENGINEER, place and finish 4 x 4 feet Area for each type of finish specified. Demonstrate methods of obtaining consistent visual appearance, including materials, workmanship, and curing method to be used throughout Project. 2. Retain samples of cements, sands, aggregates and color additives used in mock-up for comparison with materials used in remaining Work. 3. Accepted mock-up provides visual standard for work of Section. 4. Mock-up may remain as part of Work, as directed by ENGINEER. Remove when no longer required for comparison with finished work. Materials A. Concrete shall be in accordance with the plans and Section 500 of INDOT Standard Specifications. 17 B. The concrete color shall be per City of Carmel: Example “GREEN SLATE” as manufactured by DAVIS COLORS; phone 800-356-4848, e-mail info@daviscolors.com, or internet www.daviscolors.com or an approved equal. C. Colored concrete will be an integral coloring application, with coloring additives mixed in accordance with manufacturer’s instructions. Mix until color additives are uniformly dispersed throughout mixture. D. Curing Compound for Colored Concrete: Curing compound shall comply with ASTM C309 and be approved by color additive manufacturer for use with colored concrete. Provide JS Crystal Clear cure and seal, or an approved equal. E. Admixtures: Do not use calcium chloride admixtures. Construction Requirements A. Prepare subgrade and install colored concrete in accordance with the plans and Section 500 of the INDOT Standard Specifications, except as noted herein. B. Joints shall be tooled in patterns indicated on plans, or as noted herein. Roundabout truck aprons shall be scored radial to the center point of the roundabout in a 24” grid pattern for the minimum 4’ wide apron. Larger aprons shall be a grid pattern at direction of the City or 30” for 5’ wide aprons and 24” for 6’ and 8’ wide aprons. Median pavements shall be scored in a 12” square grid pattern perpendicular to the roadway (parallelograms or diamonds shall not be acceptable). C. Tooled Joints: Form joints after initial floating by grooving and finishing each edge of joint with grooving tool to a ¼ inch radius. Repeat grooving of contraction joints after applying surface finishes. Eliminate tool marks on concrete surfaces. Edges of colored concrete not contained by standard concrete shall be tooled in the same manner. D. Finish: Colored concrete shall have a broomed finish. Pull broom across freshly floated concrete to produce texture indicated in straight lines perpendicular to main line of traffic. Do not dampen brooms. Roundabout truck aprons shall have a light broom finish. Medians shall have a medium broom finish. E. Curing: Apply curing compound for colored concrete in accordance with manufacturer’s instructions. Apply curing compound at consistent time for each pour to maintain close color consistency. F. Protect adjacent finished surfaces from splatters. G. Do not add water to concrete at job site or within concrete truck during delivery. Do not fog or spray surface with water, or put into pumps or onto tools or brooms. The only finishing product that will be permitted, as a substitute for water, will be Fritz-Pak Control Finish, or approved equal. Mixing and application shall be performed per the manufacturer’s recommendations. 18 H. Do not apply color additives meant for integral coloring to surface of concrete. METHOD OF MEASUREMENT Truck Apron will be measured by the square yard. BASIS OF PAYMENT The accepted quantities of Decorative Concrete will be paid for at the contract unit price per square yard. Payment will be made as set out in the itemized proposal or as follows: PAY ITEM UNIT Decorative Concrete Pavement, Truck Apron, 7 In. SYS TS 27 STONE BASE FOR COLORED CONCRETE AREAS Roundabout truck aprons and concrete medians shall be constructed in accordance with TS 26 and Carmel Standard Drawings 10-25A. A compacted aggregate #53 stone base shall be provided for these items in accordance with Section 604 and/or as shown in the plans or typical section and utilizing the appropriate pay items provided. TS 28 SIDEWALK, CONCRETE, 4 IN. This work shall consist of the installation of concrete sidewalk at the proposed locations or as directed by the ENGINEER in accordance with Section 604 of the INDOT Standard Specifications and Carmel Standard Drawings 10-18 and 10-19. All concrete sidewalks shall be placed on prepared compacted material in accordance with INDOT Specification 207.02. The costs for concrete, excavations, labor, equipment, backfill material, joint placement, any bed course material used for leveling, preparation of a compacted subgrade, and any necessary incidentals with concrete sidewalk installation shall be included in the cost of ‘Sidewalk, Concrete, 4 in.’. When unsuitable material prevents achieving the desired compaction, these areas shall be excavated and replaced with Compacted Aggregate Base, No. 53 to the desired compaction at the direction of the ENGINEER. The costs for excavation, material, placement, and compaction shall be included in the pay item Compacted Aggregate Base, No. 53. The costs for removal and disposal of existing sidewalk shall be included in the pay item Clearing of Right of Way unless a specific pay item is included in the itemized proposal. 19 TS 29 ADJUSTING RINGS No brick or block shall be used in the construction of a manhole or when adjusting the elevation of the frame and cover. When one solid riser or barrel section cannot be used, the final adjustments in elevation of the frame and cover shall only be accomplished by the use of precast concrete adjusting rings as shown in the Plans, and conforming to ASTM C-478. Not more than twelve (12) inches of total adjusting rings shall be allowed per structure. Joints between adjusting rings and casting shall be sealed utilizing one of the following elements: 1. An approve rubber gasket manufactured and installed in accordance with ASTM C443, latest edition 2. Trowelable grade butyl rubber 3. A .5 inch diameter non-asphaltic mastic (Kent Seal or approved equal) conforming to AASHTO M-198 and Federal Specification SS-521-A. TS 30 STRUCTURE CASTINGS AND HOODS Any manhole lids that will be within any portion of a bituminous recreational path or concrete walkway shall be Neenah Casting Catalog #R-1714, Special “C” Cope Lid 1 Neenah - NF- 17140023 Type "C" lid design with permagrip texture with four lift holes, or approved equal. All catch basins and modified structures with a sump present shall have “Snout Oil-Debris Hoods” as manufactured by: Best Management Products, Inc. 53 Mt. Archer Rd. Lyme, CT 06371 (860) 434-0277, (860) 434-3195 FAX Toll Free: (800) 504-8008 or (888) 434-0277 Web Site: www.bmpinc.com OR Pre-Approved Equal Basis of Payment The accepted quantities of castings located in the shared-use path or concrete walkway will be paid for per each. Payment will be made under: Pay Item Pay Unit Symbol Flat Casting, Furnish and Adjust to Grade Each 20 No direct payment will be made for the catch basin hoods but the cost thereof shall be included in the costs of the other items or the structure item. TS 31 EXISTING STRUCTURE ADJUSTMENT Adjustments to existing structures shall be performed as shown on the plans in accordance with Section 720.04 of INDOT Standard Specifications. Adjustments to sanitary structures shall be made in accordance with the Specifications of Clay Township Regional Waste District or appropriate owner. Payment for the adjustments shall be made in accordance with Section 720.06. TS 32 ADJUST VALVE BOX TO GRADE This item shall include all labor, material, equipment, and services necessary to adjust existing valve boxes to grade. If new valve boxes are required, all new valve boxes shall be American made by either TYLER/UNION or EAST JORDAN IRON WORKS. All valve boxes shall be installed plumb and clear of debris. The cost for this work shall be included in the pay item Adjust to Grade, Valve Box. TS 33 RELOCATE FIRE HYDRANT This item shall include all labor, material, equipment, and services necessary to relocate and reinstall to grade an existing fire hydrant as shown on the drawings and meeting the specifications in the Utility Standard Details for the City of Carmel. This item shall also include removal of existing hydrant & plugging at the valve assembly if required. This item shall also include all hydrant valves, tap valves, tapping sleeves, valve boxes, piping, fittings, reducers, restraints, excavation, backfill, and pipe bedding, blocking from the water main to and including the fire hydrant. All fire hydrants shall be MUELLER, open left (Safety Yellow, M.A.B. # 0433291, Sherwin Williams # F75YP2) (Carmel Clay Spec. hydrants shall be open right and will have a safety blue stripe around hydrant bonnet from the factory). The hydrant pumper nozzle shall be of one-piece design, compatible with the 5" Storz hose coupling. The nozzle shall be an integral part of the fire hydrant and must be furnished by the manufacturer or authorized distributor designated by the manufacturer, Mueller model 290220 for casting and 290221 for cap. Storz adapters will not be accepted. The base of the hydrant shall be set on two 4” x 8” x 16” solid concrete block, or 6” x 8” x 16” poured base of class B concrete on undisturbed earth. The hydrant barrel shall be set plumb. One cubic yard material specified by the Utility shall be placed around the barrel of the hydrant between the end of the trench and the valve. The material shall not be placed closer than 2’ to 21 the ground surface. Anchoring glands shall be used on the tee and the tee side of the valve. Restraining glands shall be used on all other fittings. TS 34 WATER UTILITY STANDARD DETAILS & REQUIREMENTS Water utility standards for installation & relocations can be found at: http://www.carmel.in.gov/services/wateroperations/waterops.html TS 35 SECTION CORNER MONUMENT Description The section corner work shall consist of the placement of or replacement of section corners and monuments at the location as shown on the Plans or as directed. Procedure In addition to the requirements of the INDOT Standard Specifications for Monuments, Section 615, the Hamilton County Surveyor’s Office also requires that all section corners and/or monuments disturbed during this contract shall be documented, offset prior to the beginning of construction, and reset after completion of construction by the CONTRACTOR. It is completely the CONTRACTOR’s responsibility to make sure that this occurs prior to the beginning of construction. The CONTRACTOR must notify the Hamilton County Surveyor’s Office 30 days prior to construction per Indiana Code to coordinate replacement of the monuments. Section corner monuments will be supplied by the Hamilton County Surveyor’s Office. Concrete monuments shall be cast with Class A Concrete in Accordance with Section 615.04 of INDOT Standard Specifications. Contact Mr. Steve Fesmire at the Hamilton County Surveyors Office at (317)-408-7755 for notification, coordination, and approval. Measurement and Payment Section Corner Monument placement will be measured and paid per each at the bid unit price. The items Section Corner Monument shall include all coordination, labor, material and incidental work to place or reset the Monument and all other work required to complete the work as shown or as directed. Removal of Section Corners and/or Monuments will not be measured or paid separately, but shall be included in the cost of clearing and other items. If it is determined that a Section Corner or Monument needs placed or replaced and for which there is no pay item in the itemized proposal, a pay item will be created. TS 36 INTENTIONALLY OMITTED TS 37 MAILBOX ASSEMBLY Description The mailbox work shall consist of the placement of mailbox assemblies, or the relocation of mailbox assemblies at the location as shown on the Plans or as directed. 22 Procedure Existing mailboxes shall be removed as discussed herein. Mailboxes that are to be relocated shall be removed and reset as shown on the Plans or as directed. Mailboxes that are to be salvaged and delivered to the apparent owner shall be removed and stored until such time as they are delivered to the apparent owner. If the apparent owner of the mailbox assembly refuses to take possession, the existing mailbox and assemblies shall be removed. Mailboxes, which must remain in service between removal and erection of the new assembly, shall be securely mounted in a temporary manner. All mailbox assemblies that are to be relocated or salvaged shall be carefully handled. Any such materials damaged by the Contractor or allowed to be damaged while in storage shall be repaired or replaced by the Contractor at no additional cost. Mailbox assemblies shall be of the type and size and shall be placed as shown on the Plans or as directed in accordance with INDOT Section 611. Coordinate with the local postmaster to installation requirements. Measurement and Payment Mailbox Assemblies will be measured and paid per each at the bid unit price. The item mailbox assembly shall include: wood or pipe posts, support hardware, mailbox, removal of existing mailbox and its assembly, and any other material required to complete the work as shown or as directed. Removal of mailboxes will not be measured or paid separately, but shall be included in the cost of clearing and other items. Project Specification Information Mailbox assembly shall be an all-in-one mailbox, newspaper compartment, and post assembly. Mailbox shall be constructed of durable heavy-duty plastic and of a neutral color. Mailbox shall have front and back doors for mail retrieval. Two inch address numbers will be installed on both sides of mailbox. Mailbox assembly shall be a Mailmaster Plus, manufactured by The Step 2 Company or approved equal. TS 38 LIGHTING POWER DISTRIBUTION PANEL The CONTRACTOR shall provide a NEMA-4X, weather tight, aluminum or stainless steel P-1 cabinet or approved equal. This cabinet shall be furnished with a standard Corbin #2 Lock and two keys or approved equal. A service entrance rated panelboard with a minimum of 16 circuit breakers shall be provided with any unused circuits labeled spare. The photocell for lighting only shall be provided and placed on top of the control cabinet and shall have an internal, manual-off-auto selector switch placed in the location shown on the Carmel Standard Drawing 10-41. The distribution panel cabinet shall have a powder coated black finish that is to match the light poles, mast arms and any accessories typical to Carmel. A Modified Type P-1 foundation will be required and shall be installed such that the exposed portion of the concrete foundation is within 23 6” of finish grade with foot pad flush to finish grade unless directed otherwise by the Owner or Owner Representative. In addition to the conduit required for lighting circuits, 4 additional 4” conduits shall be installed. Two of these shall be installed from the foundation floor to the back of the foundation and capped for future use outside of the foundation. The other 2 4” conduits shall be installed from the floor and one each to opposite sides of the foundation and capped on the outside of the foundation for future use per Standard Drawings 10-40 and 10-41 . In addition, a 1” conduit will be required from the foundation to the nearest light pole foundation. These shall have pull strings installed for future use. The cost of the P-1 Controller Cabinet shall be paid for as “Controller Cabinet, P” per each unit installed and shall include all labor and equipment required for installation, including but not limited to the modified cabinet, service panelboard, photocell, internal wiring and accessories, and all other related items per Standard Drawings 10-40 and 10-41. The cost of the P-1 Controller Cabinet foundation shall be paid for as “Controller Cabinet Foundation, P1” per each unit installed and shall include all labor and equipment required for installation, including any excavation, grading, and all necessary conduits within the foundation per Standard Drawings 10-40 and 10-41. The service point shall be provided per the details provided in the contract documents. The service point shall be painted black to match the cabinet. If a separate pay item is not provided in the proposal, the cost of the service point and all associated incidental items will not be paid separately, but shall be included in the cost of the other electrical pay items provided. The CONTRACTOR shall be responsible for coordinating with the power company to determine the nearest power pedestal or transformer. The cost of such coordination will not be paid for directly, but will be included in the cost of other items. The process for acquiring service to new construction is as follows: 1. RPR sends construction plan & profile or detail sheet to the Carmel PM and requests billing address. 2. Engineering Department submits site plan and request for address to Pam Lux. 3. RPR contacts Amy Lunn-Carmel Street Department with completed documents for Duke/IPL. 4. Electrical Contractor submits permit application requesting inspection to Pam Lux. 5. Building Department does inspection and notifies Duke/IPL. 6. RPR contacts Amy Lunn-Carmel Street Department that building inspection complete and contacts Duke/IPL that site is ready for inspection. Street Department will then put the billing into the City’s name. 7. RPR notifies Duke/IPL that site is ready to be energized and to set up inspection. 24 TS 39 CABLE INNERDUCT This work shall consist of the installation of the cable innerduct per the Cable Innerduct Detail, Carmel Standard Drawing 10-44 as directed by the City of Carmel. Handholes shall terminate the cable innerduct at each end of the project. The costs for installation, labor, materials, excavation, backfill, polyethylene identification tape, and #10 copper tracing wire and all other incidentals for 4” diameter conduit with innerduct, shall be included in the pay items “CONDUIT, PVC, 4 IN., SCHEDULE 80 WITH 4-1 IN. INNERDUCTS” and “CONDUIT, PVC, 4 IN., SCHEDULE 40 WITH 4-1 IN. INNERDUCTS” and paid per linear foot of the 4” diameter conduit installed. Handholes shall be paid per each installed. The conduit trench shall be backfilled with #8 stone under any pavement and the cost of the stone shall not be paid separately but shall be included within the other items. TS 40 PAYMENT FOR DRIVES When the existing drive is concrete or asphalt, the existing drive shall be sawed at the line where the new construction shall match the existing material. If no removal item is provided, no direct payment shall be made for the sawing or removal of any type of drive, but the cost thereof shall be included in the price bid for the type of driveway or approach being placed. TS 41 ASPHALT MATERIAL THICKNESS AND CONFORMANCE All pavement thickness and miscellaneous item(s) thickness shall be constructed to reasonably close conformance to the specified thickness. Payment will be made according to exact thickness provided, but not in excess of the specified thickness as shown in the plans. Bituminous Materials Thickness: The total asphalt pavement thickness shall be constructed to reasonably close conformance as specified in Contract Documents. Thickness shall be controlled by controlling the rate of application of the bituminous mixture. The mixture shall be placed at the weight per square yard designated by the plans. The rate application shall not exceed the designated rate by more than five (5) percent. No payment will be made for any material placed in excess of this five (5) percent tolerance. Additionally, the OWNER may core the overlay to verify yields. TS 42 GRADING BEHIND WALK All grading behind walks and curbs is to be completed as shown on the plans and cross sections or as directed by the ENGINEER. Quantities of earth placement or removal in these areas are included within section volumes; therefore, this work shall not be paid for separately, but the cost shall be included within the item Common Excavation. 25 TS 43 MATERIAL ACCEPTANCE All aggregate, concrete, and bituminous materials used for the project shall be produced from an approved source. The Contractor shall submit the names and addresses of the suppliers of these materials for the project to the ENGINEER at the pre-construction conference. Prior to delivery the Contractor shall submit to the ENGINEER a copy of the certification for each material supplier. TS 44 FINAL CLEANUP The Contractor shall clean up all areas, including inlets, storm pipes, and streets, within the construction area as well as areas disturbed outside the construction areas at the completion of the project. This work shall be done at the satisfaction of the City of Carmel. The areas disturbed outside of the construction area shall be seeded at no cost to this project. TS 45 STANDARD DRAWINGS See City of Carmel Standards/Details. These can be accessed at www.carmel.in.gov at the Carmel Standard Drawing link on the Engineering Main Page. TS 46 FIELD OFFICE The CONTRACTOR shall provide a field office for the duration of the contract for use by the OWNER’s representative. The temporary field office shall be located on or near the project site and shall be for use by only the Owner’s representative. Field office shall, at a minimum, comply with a Type B field office of the latest INDOT standard specification 628.02. Method of Measurement Field office will be measured by the month. Partial months will be rounded up to the next half or whole month. Basis of Payment Field Office will be paid for at the contract unit price per Month, complete in place until released. Payment will be made under: Pay Item Pay Unit Symbol Field Office MO TS 47 INTENTIONALLY OMITTED 26 TS 48 CONSTRUCTION NOISE The CONTRACTOR shall be required to limit construction noise by maintaining his equipment in proper working order, thereby minimizing the effect of construction noise in the project area. TS 49 HMA SURFACE COURSE Prevailing Specifications: INDOT 401, 402 Additions: The HMA surface course shall not be placed until all new pavement areas within the project limits, including mainline, approaches and areas of incidental construction, have been completed and are ready, in the opinion of the ENGINEER, for the HMA surface course. TS 50 EROSION CONTROL GUARANTEE Prevailing Specifications: INDOT 621 Additions: The Contractor shall guarantee a stand of grass; and if through the actions of the elements, the seasons, animals, or man the seed does not grow; shall reseed, re-fertilize, and do that which is required to produce an abundant and uniform growth of grass on the areas requiring seeding in this contract. Final acceptance of the project will not be made until the requirements of this special provision have been attained. TS 51 SOD AND LANDSCAPE MAINTENANCE AND WARRANTY PERIOD Prevailing Specifications: INDOT 621 Section 621.10 Watering Sod Delete the following: Sod shall be maintained for a minimum of four weeks from the time it is laid before being accepted. And replace with: Sod that is not irrigated permanently shall be watered and maintained for a minimum of 90 days from the time the sod placement for the entire project is complete before being accepted. Any sod that is not accepted at the end of the 90 day watering and maintenance period shall be replaced at no additional cost to the contract and maintained for another 90 day maintenance period and this maintenance period and replacement shall continue until all sod has been accepted. The 90 day water and maintenance period shall exclude the winter months of December through March. Therefore, any maintenance days that overlap the winter months as defined herein shall be applied to the following year and beginning on April 1. Irrigated sod shall have the same requirements for the sod only and the actual irrigation system will be covered under the project Maintenance Bond for any deficiencies in the materials or craftsmanship. 27 Additions to INDOT Section 621: Any and all supplemental specifications or technical specifications herein or as part of the landscape plans. Warranty Bond: Upon completion of the installation and initial inspection of any living landscape material, a properly executed Warranty Bond with a surety shall be supplied in the amount of the material being warranted. The intent of the Warranty Bond shall be to permit the final acceptance of the contract and payment of the retainage. TS 52 ROUNDABOUT ISLAND CONDUIT This work shall consist of installing conduit from any open and lawned or landscaped roundabout approach splitter islands to the roundabout circular island. From each splitter island, there shall be 2 - 4 INCH PVC conduits placed from 5’ inside the splitter island to 5’ inside of the inner circular island and under the pavement. The ends shall be marked with angle iron flush with finish grade for metal detection. The ends shall be capped for future use. If trenched, the trench shall be backfilled with suitable, approved and compactable structure backfill compacted to maximum density. General location of these conduits will be represented in the plans and appropriate pay items included in the itemized proposal. Basis of Payment All work involved with installing Roundabout Island Conduit including conduit, angle iron, compacted backfill, and incidentals including capped ends, shall be included in the cost of the pay item provided. TS 53 HANDRAIL Handrail, Steel and Handrail, Decorative shall be constructed as shown on the plans. The Contractor shall submit five sets of shop drawings to the engineer for approval prior to ordering parts and fabrication of the steel tube handrail. The plans shall include elevations, details, and sections; indicate materials, methods, finishes, and types of joinery, fasteners, anchorages, and accessory items; and provide setting diagrams and templates for anchorages, sleeves, and bolts installed by others. All handrail materials shall be ungalvanized steel with the following primer and powder coating materials applied per manufacturers recommendations: 1. Tiger Drylac® zinc rich primer, 69/90350 Dryzinc 2. Tiger Drylac® Super Durable Series 38, Drylac 49/80550, RAL 9017 Smooth Glossy (black). ERECTION DRAWINGS DEPICTING PANEL LENGTHS, SPLICE LOCATIONS, RAIL POST SPACING, AND ANCHOR BOLT SETTING, SHALL BE SUBMITTED TO PROJECT ENGINEER FOR APPROVAL. SEE SPECIAL PROVISIONS. 28 THE RAILING SYSTEM SHALL BE DESIGNED TO WITHSTAND THE FOLLOWING LOADS: - UNIFORM 50 LBS/FT APPLIED AT THE TOP IN ANY DIRECTION. - CONCENTRATED 200 LBS APPLIED AT THE TOP IN ANY DIRECTION. THESE LOADS NEED NOT BE APPLIED SIMULTANEOUSLY. Handrail, Steel and Handrail, Decorative shall meet AASHTO Standard Specifications for Highway Bridges and ADA / Building Code requirements. Handrail, Steel and Handrail, Decorative will be paid for at the contract unit price per linear foot. The cost of the railing, posts, fittings, concrete, grout, sleeves, posts, tees, flanges, field drilled holes, anchorages, hardware, and all necessary incidentals required for a complete installation shall be included in the cost of the handrail. TS 54 RIGHT OF ENTRY The CONTRACTOR shall receive permission from property owners prior to constructing drives or yard grading or doing any work for their convenience outside of the right-of-way or construction limits provided. Copies of signed Right of Entry forms shall be supplied to the ENGINEER. TS 55 PLAN MEASURED QUANTITIES Item “Common Excavation” and/or “Borrow” shall be measured per plan quantity in the itemized proposal unless otherwise approved by the Owner or Engineer. TS 56 EXCESS MATERIAL - DISPOSAL All excess material (waste) shall be removed from the project site. Whether a private or public waste site is utilized, such disposal shall comply with all Federal, State and local ordinances and permit requirements. A copy of all permits obtained or applied for shall be submitted to the ENGINEER prior to the commencement of any construction activities. TS 57 RESTORATION OF DISTURBED AREAS Cavities formed by the removal of shrubs, trees and/or stumps and located outside of proposed pavement areas shall be backfilled and compacted with "B" Borrow. Such compaction shall comply with Section 211.04. The top six (6) inches of the backfilled area shall be top soil in accordance with Section 914.01. Any roots remaining after all the removal of any designated item shall be removed to a depth of 6 inches below the surface of the surrounding ground area. 29 Backfilled areas and the surrounding ground areas are to be raked to the satisfaction of the ENGINEER and sodded. All work shall be in accordance with Section 621. No direct payment shall be made for this work, but the cost thereof shall be included in the costs of the other items. TS 58 BITUMINOUS SURFACE COURSE The bituminous surface course shall not be placed until all new pavement areas within the project limits, including mainline, approaches and areas of incidental construction, have been completed and are ready, in the opinion of the ENGINEER, for the bituminous surface course. The placement of the bituminous surface course may be completed under traffic and/or as directed by the ENGINEER. The cost thereof shall be included in the unit for Bituminous Surface as set out in the Itemized Proposal. TS 59 PIPE REMOVAL If no Pipe or Structure Removal Pay Item is provided but is indicated in the plans and required for the improvements, the removal will not be paid for directly, but shall be included in the cost of Clearing Right of Way or other items. If pipe removal, not indicated on the plans, is required to make the proposed improvements, then it shall also be considered as a part of Clearing of Right-of-Way. TS 60 MANHOLES - EXISTING The breaking of manhole walls shall be done so as to insure no damage to existing pipes. The Contractor, at no cost to the OWNER, shall make any necessary repairs to manholes or pipes if damage is caused. All existing concrete manholes shall be core drilled as specified by the ENGINEER. All breaking into manhole, pipe, concrete, etc. required for construction of the sewer shall be included in the cost of other items. TS 61 REMOVED AND RESET CASTING TO GRADE All work shall be done in accordance with all applicable provisions of Section 720.04 and amended as follows: Castings shall be removed and the manholes shall be plated with material approved by the ENGINEER and shall then be paved over with the binder and/or wedge courses. The CONTRACTOR shall be responsible for referencing structure locations. After rolling procedures are completed, the structures shall be uncovered by necessary means so that the 30 castings can be replaced and adjusted to grade for the subsequent surface course. Only after the binder and/or wedge courses have been applied shall the castings be adjusted. The material used to set the adjusted castings in place shall be Class “A” Calcium Chloride (1 to 2 quarts/100 lbs. of cement) concrete. Asphalt will not be allowed. Concrete shall be covered during cure time. TS 62 RESETTING STREET SIGNS The resetting of street signs as shown in the plans will not be paid for directly but the cost shall be included in the cost of other items. The CONTRACTOR shall be responsible for maintaining and storing all signs that are removed from their respective places during construction. Any sign, post, hardware, etc. damaged after the sign has been removed shall be replaced and paid for by the CONTRACTOR before being reset at the end of the project. TS 63 WATERING REQUIREMENTS FOR NEWLY PLANTED TREES The watering of newly planted trees as part of the plant material maintenance and warranty shall be as follows: 15 gallons per week for rootballs up to 36” diameter. 55 gallons per week for tree spaded rootballs up to 90” diameter. Watering and documentation of the watering shall take place during the first year after installation and documentation or records shall be provided to the City of Carmel department managing the project. TS 64 PLANT AND TREE INSTALLATION Applicable to all containerized shrubs, grasses, perennials and trees: score containerized plant material to cut girdling and circling roots. TS 65 LIGHT POLES AND BASES The items “Light Pole … and Fixture …” and “Light Pole Base …” shall include all materials and labor to install the street light and bases as shown in the plans. The foundation is to be poured level and surrounding ground shall be graded up to within 1" of the top of the concrete. The light poles shall be as specified on the construction plans. All miscellaneous lighting equipment necessary for the installation of the light poles shall not be paid for directly, but the cost shall be included in the cost of other items. TS 66 CONDUIT, 1" IN TRENCH WITH WIRING The item “Conduit, 1" in Trench with Wiring” will include the cost to trench, install, and backfill the 1" Conduit and wires as shown on the construction plans. All wiring shall be 2-#4 and 1-#8 grnd. The trench shall be constructed as shown on the plans. It shall also include any pushed conduit or borings as shown on the plans or otherwise specified by the ENGINEER. 31 TS 67 ADA CURB RAMPS Detectable Warning Elements for all ADA curb ramps shall be red brick truncated dome pavers that comply with INDOT Standard Specification 905.05, or an approved equal by the OWNER or ENGINEER. Detectable Warning Elements shall be installed in accordance with INDOT Standard Drawing No. E 604-SWCR-14, or latest detail, and shall have G2 Gator-Maxx (beige color) or approved equal polymeric sand swept joints. 6-inch wide return curb, flush only when required, shall be constructed around the brick area. Design of the return curb to be approved by OWNER prior to installation. The ADA ramps and detectable warning elements shall be similar in size and shape to the areas shown in the plans or construction documents; however, the exact dimensions shall be determined or approved in the field by the ENGINEER. The cost of all labor, materials, equipment and incidentals associated with this work shall be included in the cost of Curb Ramp, Concrete and Detectable Warning Surfaces, as measured and paid by INDOT Standard Specifications, latest edition. TS 68 AS-BUILT PLANS Storm Sewers - Storm sewer as-built plans shall be submitted to the City of Carmel Engineering Department upon the completion of the project per the City of Carmel GIS submittal requirements. Submittal requirements can be found at http://www.carmel.in.gov/index.aspx?page=800. Submittal questions should be directed to Shane Burnham with the Engineering Department at (317) 571-2459 or sburnham@carmel.in.gov. Street Lights – Street Light as-built plans shall be submitted to the City of Carmel Engineering Department upon the completion of the project per the City of Carmel GIS submittal requirements. Submittal requirements can be found at http://www.carmel.in.gov/index.aspx?page=800. Submittal questions should be directed to Shane Burnham with the Engineering Department at (317) 571-2459 or sburnham@carmel.in.gov. Roadway Construction – The contractor shall use the PDF contract plans and add legible notation for elevations, dimensions, and other information that was built and accepted by the engineer that differs from the contract plans. The contractor shall submit the completed as-built plans to the Engineer for approval. The cost of as-built plans shall not be paid for separately but shall be included in the lump sum cost of “Construction Engineering”. TS 69 COORDINATION WITH SITE DEVELOPER Contractor shall coordinate with the Kite Realty Site Contractor and the City of Carmel Engineer prior to construction activities at the south west side of Range Line Road & 116th Street. This parcel is currently under development and Contractor shall coordinate all construction activities 32 through the Engineer as well as coordinate drive tie ins. The designer for the development may be contacted, the contact person for the development is: Tony Halsey Kite Realty Group 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 thalsey@kiterealty.com 317-577-5600 TS 70 RAISED PEDESTRIAN CROSSING This work shall consist of providing all materials, labor, and equipment to construct the proposed Raised Pedestrian Crossings as detailed on the plans. The cost of all items including but not limited to labor, materials, equipment, excavation, saw cutting, clay pavers, bituminous setting bed, polymeric sand swept joints, Class C PCCP, epoxy bonding agent, tack coat, expansion joint materials, epoxy coated dowels, asphalt, aggregate, and all incidentals shall be included in the cost of “RAISED PEDESTRIAN CROSSING” and paid for per Square Yard complete in place. TS 71 CURB INLET FILTER Description This work shall consist of supplying and installing curb inlet filters in the curb inlets. Materials All materials supplied shall meet the requirements of the manufacturer and plan details. Flex Storm Inlet Filters, Type PC+ Bags shall be used. Construction Requirements The Contractor shall install the inlet filters per the manufacturer's recommendations and the plan details. This work shall be performed after all other construction activities have been completed. Method of Measurement The cost of this work and the filters shall be included in the cost of the inlet filter. Basis of Payment Payment will be made under: Pay Item Pay Unit Symbol Inlet Filter.............................................................................................................EACH The cost of all material, transportation, labor, equipment and all incidentals to perform this work shall be included in the cost of this pay item. 33 TS 72 DECORATIVE STREET SIGNS Street signs shall be installed at the locations indicated on the project plans and in accordance with all INDOT and Carmel specifications. All street directional signs and street signs shall be in accordance with Carmel Standard Details 10-11A thru 10-11C. UNIT COST The cost of the decorative street directional sign assemblies and decorative street sign assemblies shall be paid for as “Decorative Street Sign Assembly, Installed” per unit price for each installed. This shall include street sign(s) and surround, one sign post, one foundation, one finial, accessories, and all other related items required for installation. TS 73 DRAINAGE STRUCTURES Construction of all new inlets or manholes involving existing structures shall be accomplished such that the existing pipe structure shall not be damaged. Where a new casting is to be fitted to an existing drainage structure or an existing casting is to be fitted to a new drainage structure, or existing casting is to be adjusted to grade, all dimensions and conditions shall be checked in the field. The Contractor shall assume responsibility for their correctness and fit. All existing structures damaged during construction shall be replaced with no additional payment. TS 74 PIPE AND PIPE END SECTIONS All pipe and pipe end sections shall be Class III reinforced concrete conforming to ASTM C- 443. Pipe joints shall be flexible and watertight and shall conform to the requirements of Section 906, of the latest edition of the INDOT Standard Specifications. TS 75 DECORATIVE STREET LIGHTING Description This work shall consist of purchasing and installing street light poles and ornamental street light luminaires. Street lighting shall match the City of Carmel Standards. Materials All materials shall be in accordance with Section 807.03 and as specified in the City of Carmel Standards. 34 Air spray the pole interior with Ensign 197B rust inhibitive base coating. Sandblast the outside of the poles and all lighting accessories to SSPC-SP6 commercial blast and Prime 1 coat recoatable epoxy primer 3-6 mills dry film thickness (D.F.T.). Finish 1 coat polyurethane enamel corothane, polane 2.8 plus or hi-solids polyurethane 2-3 mills (D.F.T.). Finish coat color shall be black. Construction Requirements Construction requirements shall be as described in Section 807. Contractor shall submit all manufacturers’ descriptive and technical literature for approval by Engineer prior to ordering material. Prior to fabrication, five (5) sets of shop drawings for each light pole, arm, and luminaire shall be submitted in accordance with 711.05. Light Poles and Luminaires shall be relocated as indicated in the plans. All relocation placement, wiring, foundations, conduit, and testing shall be in accordance with 807. Method of Measurement Measurement shall be per section 807.18 as applicable to these plans and specifications. No direct measurement shall be made for the miscellaneous electrical items required to properly install the system not defined by specific pay items. The cost of miscellaneous electrical items, including wiring, in-line fuse, grounding rods, photocells, lighting circuits, mounting brackets and conductors, shall be included in the cost of the pay items for light poles, luminaires, and foundations. Relocated light poles and luminaires shall be measured by the number of units relocated. One light pole and the corresponding luminaire shall count as one unit. Basis of Payment The accepted quantities of light poles, luminaires, and foundations will be paid for at the contract unit price per each installed. Payment will include all manufacturing, delivery, miscellaneous equipment and installation required for a complete installation. The accepted quantities of relocating light poles and luminaires will be paid for at the contract unit price per each installed. Payment will be made under: Pay Item Pay Unit Symbol Light pole, Ornamental, 30 ft, with 8 ft. Mast Arm ................................... Each Light pole, Ornamental, 15 ft. ..................................................................... Each Luminaire, Ornamental. 70 watt LED .......................................................... Each Luminaire, Ornamental, 152 watt LED ........................................................ Each Lighting Foundation, Concrete, w/ Grounding, 30in x 96in......................... Each Lighting Foundation, Concrete, w/ Grounding, 18in x 72in......................... Each Light Standard, Relocate ............................................................................... Each 35 TS 76 CITY OF CARMEL WATER UTILITY CITY OF CARMEL WATER UTILITY Basis of Payment/Standards Water Main, Ductile Iron, 12IN, 6IN A. Water mains and fittings will be paid for at the applicable Contract Unit Price per linear foot for the size and type of water mains, which price shall include the furnishing of all materials, labor, equipment, and appurtenances necessary to construct and test the water mains, complete and ready for service, as shown on the drawings, as specified, and as ordered by the Engineer. The work shall include all pipe, fittings, all connections to existing service, excavation, backfill, installing and jointing of pipe, pipe bedding and backfill per the City of Carmel Standards, all types of temporary and permanent restoration, removal and disposal of water, sheeting and shoring, disposal of excess excavated materials, dewatering, cutting and capping of existing mains, protection of existing structures and utilities, flushing of water mains, locator wire and utility marking tape, hydrostatic testing, disinfection, clean-up, and all other operations and appurtenances, including connection to existing fittings and valves. B. These items will include the cost for the labor, materials and installation of the water main as shown on the plans. This includes the removal and disposal of existing asphalt within the trenching limits and all labor and materials required for directional boring. All repair of existing utilities damaged during construction is included under this item. All tees, elbows, fittings, common excavation, temporary pavement restoration etc. necessary to complete the installation of the water main as per the plans shall also be included within the cost of this item. In addition, this item shall include all work under this contract unless specifically included for payment under other items. C. These Water Mains shall be ductile cast iron pressure pipe. The pipe shall conform to ANSI A-21.51 or AWWA C-151 and at a minimum shall be pressure class 350. Fittings for ductile cast iron pressure pipe shall be ductile cast iron and conform to ANSI A- 21.10 or AWWA C-110 and shall have a thickness class of 53. Fittings for 4-inch to 12-inch may conform to ANSI A-21.3 or AWWA C-153. D. All fittings shall be American made, and all new water mains shall be put in place with American made tracer wire and reflective warning tape. There must be access to the tracer wire at each 36 valve box, with enough wire in the valve box to insure the proper connection to the locating equipment. All mechanical joints shall be made with American manufactured mechanical joint restraints including wedges. E. The cost of protection, repair and/or replacement of existing drainage structures, field tile, sanitary service laterals, and other miscellaneous items of construction shall be included in the unit price per lineal foot of water main and no additional payment will be made for these items. F. INSPECTION AND TESTS OF BURIED TAPES AND LOCATOR WIRES Prior to burial, all tapes and locator wires shall be inspected for quality and the Contractor shall have a statement of compliance from the manufacturer acknowledging that the conditions set forth in Part 1, Section 1.2 of this specification have been met. Upon completion of the water main, the Contractor shall demonstrate that the wire is continuous and unbroken through the entire run of the pipe. Demonstration shall include full signal conductivity (including splices) when energizing for the entire run in the presence of the CWU or Engineer. If the wire is broken, the Contractor shall repair or replace it. Pipeline installation will not be accepted until the wire passes a continuity test. No direct payment shall be made for this work but the cost thereof shall be included in the cost per linear foot of pipe. G. TRACER WIRE High strength tracer wire that is Blue in color shall be a #10 AWG HS-CCS high strength copper clad steel conductor (HS-CCS), insulated with a 30 mil, high-density, high molecular weight polyethylene (HDPE) insulation, and rated for direct burial use at 30 volts. HS-CCS conductor must be a 21% conductivity for locating purposes, Break load 600# minimum. HDPE insulation shall be RoHS complaint and utilize virgin grade material. Insulation color shall meet the APWA color code standard for identification of buried utilities. Tracer wire shall be HS-CCS, HDPE 30 mil insulation and made in the USA. One wire for open cut installation, two wires for horizontal directional drilling installations. No direct payment shall be made for this work but the cost thereof shall be included in the cost per linear foot of pipe. H. IDENTIFICATION TAPE Identification tape shall be manufactured of polyethylene with a minimum thickness of 4-mils and shall have a 1-mil thick metallic foil core. The tape shall be highly resistant to alkalis, acid and other destructive agents found in soil. Tape width shall be a minimum of 3 inches and a maximum of 6 inches and shall have the background color specified below, imprinted with black letters. Imprint shall be as specified below and shall repeat itself a minimum of once every 2 feet for entire 37 length of the tape. No direct payment shall be made for this work but the cost thereof shall be included in the costs of the other items of the contract. Tape background colors and imprints shall be as follows: Imprint Background Color “CAUTION - WATER LINE BURIED BELOW” Blue Method of Measurement The actual number of linear feet of water mains measured along the centerline of the pipe will be measured for payment under the water main items. No deduction will be made for laying lengths of valves and fittings. Basis of Payment Water main will be paid for at the contract unit price per linear foot of ductile iron water main of the size specified, complete in place. All fittings are to be included in the LFT cost of the water main. The 6” DI 50LFT hydrant branch will be paid under the LFT price of the 6” DI line item. Payment will be made under: Pay Item Pay Unit Symbol Water Main Ductile Iron, 12 in. ............................ LFT Water Main Ductile Iron, 6 in.............................. LFT 12”(SDR 11 HDPE) HIGH DENSITY POLYETHYLENE (HDPE) PIPE 0.1 SCOPE OF WORK The work performed under this section includes, but is not limited to, the supply and installation of High Density Polyethylene (HDPE) Pipe, Tubing and fittings as shown. Provide HDPE pipe and fittings complete with all necessary jointing facilities and materials, specials, mechanical joint adapter kits and other appurtenances required for installation in and completion of the water pipelines to be constructed. Provide HDPE service tubing complete with all necessary jointing facilities and materials, and other appurtenances required for installation in and completion of the water services to be constructed. HORIZONTAL DIRECTIONAL DRILLING 1.2 QUALITY ASSURANCE Contractor’s Qualifications: CONTRACTOR or SUBCONTRACTOR performing any fusion (heat or electrofusion) on the HDPE pipe shall be able to provide evidence and references for 38 satisfactory service in at least 3 projects of similar pipe diameter and with similar service types. These references may be asked for and approved before the contract is awarded. 1.3 SUBMITTALS A. Shop drawings and manufacturer's literature for all CONTRACTOR supplied materials shall be promptly submitted to the OWNER for approval. B. The following items shall be submitted before delivery of HDPE pipe, tubing or fittings: 1. Pipe: SDR11 Certification by the manufacturer that the HDPE material and pipe was manufactured and tested in accordance with American National Standards Institute (ANSI) / American Water Works Association (AWWA), C-906. 2. Service Tubing: Certification by the manufacturer that the HDPE material and tubing was manufactured and tested in accordance with ANSI/AWWA, C-901. All water main piping and components shall be certified for conformance to ANSI / National Sanitation Foundation (NSF) International Standard 14, and NSF Standard 61, Drinking Water System Components – Health Effects, except Section 9, Mechanical Plumbing Product. The piping and components must display the ANSI/NSF 61 seal. Manufacturer's installation instruction and literature to the CONTRACTOR so that manufacturer's recommended procedure and practice of installing pipe and fittings are followed. 0.4 MANUFACTURERS A. HDPE Pipe. HDPE pipe shall be as manufactured by Performance Pipe, North American Pipe Company, CSR Poly Pipe Industries, Charter Plastics, W. L. Plastics, Flying W. Plastics, J.M. Eagle. 0.2 PIPE MATERIAL B. HDPE Pipe. HDPE pipe shall conform to the latest edition of ANSI/AWWA C901 and C906. Material used in the manufacture of HDPE pipe shall conform to the HDPE Standard Code PE3408. All HDPE SDR11 pipe shall have the same outside diameter as DI pipe. SDR11 – to be determined by OWNER for each project. Dimensions. The pipe shall have ductile iron pipe (DIP) equivalent outside dimensions for the nominal size indicated. Working Pressure Rating (WPR). The pipe shall have a wall thickness dimension ratio (DR) of 11 for pipe 6-inch through 24-inch in diameter. Pipe Identification. Each pipe length shall be marked in accordance with AWWA C906 and shall be black in color with blue striping. Pipe Section Lengths. Pipe sections proposed to be fused together shall be a minimum of 20 feet in length unless otherwise approved by the OWNER. 39 0.3 FITTINGS A. Pipe Fittings. All standard fittings (tees, bends, etc.) shall be ductile iron conforming to ANSI/AWWA C110/A21. Ductile iron fittings shall be suitable for the 350 pound working pressures unless otherwise noted. The fittings shall be coated with an asphalt coating in accordance with ANSI/AWWA C110/A21.10 and lined inside with cement mortar and seal coated in accordance with ANSI/AWWA C104/A21.4. The cement mortar lining shall be double thickness. All ductile iron fittings shall be connected to the HDPE main by a means of mechanical restraint as noted in Section 2.3. Mechanical Joints, including accessories, shall conform to ANSI/AWWA C111/A21.11. All mechanical joints shall be made with mega lugs. B. HDPE Fittings. HDPE Fittings shall be made from the same resins and material designations, cell classifications, pressure class (minimum of 160 psi) and dimensions as the HDPE pipe. Permitted HDPE fittings are listed below: Electrofusion Service Saddle. For service connections to a HDPE main. Saddle must be fused (electrofusion) to the HDPE main, and may NOT be mechanically attached. Saddle shall also accommodate standard City of Carmel Water Utility corporations. Mechanical Joint Adapters. For mechanical connections on an HDPE mainline. MJ adapters shall be butt fused onto the HDPE main. Fuse – A Corp. For 1.5” or larger service or connections to a HDPE main. C. Stainless Steel Insert/Stiffener. All non fused connections shall require the use of stainless steel inserts inside the end of the HDPE pipe. Inserts shall be as follows: HDPE Pipe. At HDPE pipe connections to fittings and/or other pipe materials, the inside of the HDPE pipe shall be reinforced by inserting a two piece wedge style stainless steel stiffener/insert. Insert shall be properly sized and approved by the manufacturer for actual HDPE pipe diameter and wall thickness (DR) being utilized. HDPE Service Tubing. At HDPE pipe connections to fittings and/or other pipe materials, the inside of the HDPE pipe shall be reinforced by inserting a one piece seamless stainless steel insert. Insert shall be properly sized and approved by the manufacture for the actual HDPE tubing diameter and wall thickness being utilized. Insert length should not extend beyond the end of the compression fitting , have one end flared to ensure proper seating into end of HDPE tubing, and be designed for use with compression style connections 0.3 PIPE AND FITTING JOINTING/CONNECTIONS A. Butt Fusion. The Butt (or Heat) Fusion technique shall be used to join all HDPE pipe sections and connect HDPE fittings to the HDPE pipe. The joints shall conform to ASTM D2657 and shall be performed in strict accordance with the pipe manufacture’s recommendations. The butt fusion 40 equipment should be capable of meeting all conditions recommended by the manufacturer, including but not limited to, temperature requirements of 400 degrees Fahrenheit, alignment, and an interfacial fusion pressure of 75 psi. The fusion joining shall produce a joint weld strength equal to or greater than the tensile strength of the pipe itself. B. Sidewall Fusion. The Sidewall (or Heat) Fusion technique shall be used to connect HDPE fittings to the HDPE pipe. The joints shall conform to ASTM D2657 and shall be performed in strict accordance with the pipe manufacture’s recommendations. The sidewall fusion heating irons shall have an inside diameter equal to the outside diameter of the HDPE pipe and shall be ¼ inch wider than the size of the fitting being attached. The fusion joining shall produce joint weld strength equal to or greater than the tensile strength of the pipe itself. C. Pipe Mechanical Joining. Mechanical joining shall be used to make connections to ductile iron fittings and/or non HDPE pipe. Permitted methods of HDPE joining are listed below. D. Service Tubing Mechanical Joining. Mechanical joining shall be used to make connections to fittings and/or non HDPE pipe. Permitted methods of HDPE joining are listed below. Stainless steel stiffener combined with brass mechanical compression fittings. Compression fittings must be designed for and approved by manufacturer for use with HDPE CTS Tubing and utilize an internal gripping band type restraint. The HDPE side of the connection shall be reinforced with a stainless steel insert. 0.4 INSTALLATION Installation Method The HDPE pipe shall be installed using the horizontal directional drilling method as per Carmel Utility Standards practices noted below. Locations where pipe material transitions are required i.e. (HDPE/DIP) may be installed by open cut. Pipe Joining 1. The HDPE pipe shall be assembled and joined at the site using the butt-fusion method to provide a leak proof joint. Threaded or solvent-cement joints and connections are not permitted. All equipment and procedures used shall be used in strict compliance with the manufacturer’s recommendations. Fusing shall be accomplished by personnel trained as fusion technicians by a manufacturer of polyethylene pipe and/or fusing equipment. Square the pipe ends by using the fusion machine facing tool. In the fusion machine, pipe ends shall meet squarely so that the entire area to be fused is covered. The pipe ends shall make firm contact without applying pressure to the heat plate. The heat plate temperature shall be as required by the pipe manufacturer's recommendations. The melt bead 41 shall be according to pipe diameter and as recommended by the pipe manufacturer. Pipe ends shall be carefully moved away from heat plate once the appropriate melt bead is achieved. The pipe ends shall be joined quickly without slamming. The butt-fused joint shall be true alignment and shall have uniform roll back beads resulting from the use of proper temperature and pressure. The joint shall be allowed adequate cooling time before removal of pressure. The fused joint shall be watertight and shall have tensile strength equal to that of the pipe. All joints shall be subject to acceptance by the OWNER prior to insertion. All defective joints shall be cut out and replaced at no cost to the Owner. Any section of the pipe with a gash, blister, abrasion, nick, scar, or other deleterious fault greater in depth than ten percent (10%) of the wall thickness, shall not be used and must be removed from the site. However, a defective area of the pipe may be cut out and the joint fused in accordance with procedures stated above. In addition, any section of pipe having other defects such as concentrated ridges, discoloration, excessive spot roughness, pitting, variable wall thickness or any other defect of manufacturing or handling as determined by the OWNER and/or the project representative shall be discarded and not used. C. Pressure Testing Under no circumstances shall HDPE pipe be pressure tested when the temperature of the pipe is above 80 degrees Fahrenheit. HDPE pipe holds pressure by developing stress in its walls, thus the pipe will increase slightly in diameter when under high pressures. The procedure for pressure testing HDPE main should take in account the expansion of the HDPE main. The recommended procedure is to: Initially pressurize the main to the standard test pressure (150 psi) and let a majority of the main expansion take place, which should occur in 2 – 3 hours. After the above expansion time period, the main should be pressurized again to test pressure (150 psi) and the Pressure Test is conducted for the two (2) hour period. The HDPE pipe will continue to expand during the test itself and the following table contains maximum allowances for this expansion. Allowance for Expansion under Test Pressure (U.S. Gallons per 100 ft. of pipe) NOMINAL PIPE DIA. TWO HOUR TEST 4 0.25 42 6 0.60 8 1.00 12 2.30 Under no circumstances shall the HDPE main remain under test pressure (125 psi) for longer than eight (8) hours. If the test is not completed due to leakage, equipment failure, etc., the HDPE shall be allowed to “relax” for eight (8) hours prior to re-testing. HORIZONTAL DIRECTIONAL DRILLING 0.1 SECTION INCLUDES A. The work specified in this Section documents the approved construction methods, procedures, and materials for Horizontal Directional Drilling (HDD). 1.2 QUALIFICATIONS The contractor or sub-contractor performing the HDD work shall be a company that has been in continuous operation in this area of work for at least three (3) years. The contractor or sub-contractor shall have performed at least five (5) HDD projects of similar pipe diameter and length in the last three (3) years. 2.1 MATERIALS See Related Sections for pipe materials approved for the project. 2.2 EQUIPMENT REQUIREMENTS The Contractor shall ensure that appropriate equipment is provided to facilitate the installation. Equipment shall be matched to the size of pipe being installed and shall have appropriate torque and thrust/pullback capacity for the diameter and length of the intended drilling sections. The Contractor will ensure that the drill rod can meet the bend radius required for the proposed installation. 2.3 DRILLING FLUIDS A mixture of bentonite clay or other approved slurry and potable water shall be used as the cutting and soil stabilization fluid. The viscosity shall be varied to best fit the soil conditions encountered. Water shall be clean and fresh. No other chemicals or polymer surfactant is to be used in the drilling fluid without the written consent of the OWNER and 43 after a determination is made that the chemicals to be added are not harmful or corrosive to the facility and are environmentally safe. The Contractor shall identify the source of fresh water for mixing the drilling mud. The Contractor shall be responsible for approvals and permits required for such sources as streams, rivers, ponds, or fire hydrants. Any water source other than potable water may require a pH Test. Monitoring of the drilling fluids such as the pumping rate, pressures, viscosity, and density is required during the pilot bore, back reaming, and pipe installation stages, to ensure adequate removal of soil cuttings and the stability of the bore hole. Relief holes can be used as necessary to relieve excess pressure down hole. To minimize heaving during pullback, the pullback rate is determined in order to maximize the removal of soil cuttings without building excess down hole pressure. Excess drilling fluids shall be contained at entry and exit points until they are recycled or removed from the site. Entry and exit pits shall be of sufficient size to contain the expected return of drilling fluids and soil cuttings. The Contractor shall ensure that all drilling fluids are disposed of or recycled in a manner acceptable to the appropriate local, state, or federal regulatory agencies. When drilling in suspected contaminated ground, the drilling fluid shall be tested for contamination and disposed of appropriately. Any excess material shall be removed upon completion of the bore. Restoration for damage to any transportation facility or non- transportation facility caused by heaving, settlement, escaping drilling fluid (fracout) or the directional drilling operation, is the responsibility of the Contractor. Any pavement heaving or settlement damage requires restoration/replacement of the pavement per applicable City standards. PART 1 EXECUTION 1.1 GENERAL CONSTRUCTION REQUIREMENTS The pipe shall be installed in the location and to the line and grade designated on the drawings. Provide for testing and cleanup as soon as practicable, so these operations do not lag far behind pipe installation. Perform preliminary cleanup and grading operations immediately after backfilling. All surfaces shall be finish graded to original contours and ground cover. All materials delivered to the project shall be neatly stored. Excavated material, which is not removed from the immediate work site, shall be stockpiled so as to cause as little inconvenience to the property owners as possible. Driveways and street crossings must be kept clear. Excavation for entry, recovery pits, slurry sump pits, or any other excavation shall be carried out in accordance with City Standard 44 Specifications for applicable work. Sump areas or holding tanks are required to contain drilling fluids. After completing installation of the product the work site shall be restored. The work site shall be cleaned of all excess slurry left on the ground. Removal and final disposition of excess slurry or spoils as the product is introduced shall be the responsibility of the CONTRACTOR. Excavated areas shall be restored in accordance with the City Standard Specifications. The cost of restoring damaged pavement, curb, sidewalk, driveways, lawns, storm drains, landscape, and other facilities is borne by the CONTRACTOR. If underground utilities and/or structures not shown on the Drawings are encountered, notify the OWNER and do not proceed until instructions are obtained. Notify the OWNER if springs or running water are encountered. Charges from the CONTRACTOR for rock obstructions resulting in delay or damage to CONTRACTOR equipment will NOT be paid for by the OWNER. SPECIFIC REQUIREMENTS Back Ream Hole Diameter The back ream hole diameter shall be no greater than the sum of the maximum product outside diameter (OD) plus six inches (6”) Testing When there is any indication a pipe has sustained damage and may leak, the work is to be stopped and the damage investigated. The City may require a pressure test. The testing may consist of one of the following methods but shall always meet or exceed City’s testing requirements: Manufacturer's pressure testing recommendations for the type of pipe being installed are followed. The City’s Representative shall be notified be present during the test for review of the test results for compliance. The pressure test shall be performed within twenty-four (24) hours. A copy of the test results shall be furnished to the City's Representative. If the pipe is not in compliance with specifications, the City may require it to be filled with flowable fill. Product carrier pipes installed without a casing must meet pressure requirements set by the Owner. A copy of the test results shall be furnished to the City’s Representative. If the pipe is not in compliance with specifications the City may require it to be filled with flowable fill. Locating and Tracking The Contractor shall describe the method of locating and tracking the drill head during the pilot bore. The City recognizes walkover, wire 45 line, and wire line with surface grid verification, or any other system as approved by the OWNER, as the accepted methods of tracking directional bores. The locating and tracking system shall be capable of ensuring that the proposed installation is installed as intended. The locating and tracking system shall provide information on: Clock and pitch information. Depth. Battery status. Position (x,y). Azimuth, where direct overhead readings (walkover) are not possible (i.e. subaqueous or limited access transportation facility.) Alignment readings or plot points shall be taken and recorded every five (5) feet. Before commencement of a directional drilling operation, proper calibration of the equipment (if required) shall be undertaken. All facilities shall be installed in such a way that their location can be readily determined by electronic designation after installation. For non- conductive installations this shall be accomplished by attachment of tracing wire, as per City of Carmel Technical Specifications. 3.3 QUALITY CONTROL A representative of the Contractor must be in control of the operation at all times. The representative must have a thorough knowledge of the equipment and the procedures to be performed, and must be present at the job site during the installation. The City must be notified forty-eight (48) hours in advance of starting work. The installation shall not begin until the City's representative is present at the job site and agrees that proper preparations have been made. 3.4 TESTING AND CLEANUP A. Provide for testing and cleanup as soon as practicable, so these operations do not lag far behind pipe installation. Perform preliminary cleanup and grading operations immediately after backfilling. All surfaces shall be finish graded to original contours and ground cover. All surplus excavated material shall be disposed of off-site in a legal manner by the Contractor. Method of Measurement The actual number of linear feet of water mains measured along the centerline of the pipe will be measured for payment under 46 the 8” SDR 11 HDPE water main items. This also includes all fitting, MJ Harvey adaptors, Water Stops, and any electro fusion. Basis of Payment Water main will be paid for at the contract unit price per linear foot of HDPE water main of the size specified, complete in place. Payment will be made under: Pay Item Pay Unit Symbol 12” SDR 11 HDPE Water Main..................................LFT Fire Hydrant Assembly A. This item shall include all labor, material, equipment, and services necessary to install new 6” fire hydrants and accessories as shown on the drawings. This item shall also include hydrant valves, valve boxes, piping, fittings, reducers, restraints, excavation, backfill, and pipe bedding, blocking from the water main to and including the fire hydrant. B. Fire hydrants shall adhere to the following: Fire hydrants purchased or installed shall meet or exceed all applicable requirements and tests of ANSI and the latest revisions of AWWA Standard C502. Fire hydrants shall meet all test requirements and be listed by Underwriters Laboratories Inc. Fire hydrants shall meet all test requirements and have full approval of Factory Mutual. Fire hydrants shall meet the following requirements 1. Fire hydrants shall be rated for a working pressure of 250 Psig. 2. Fire hydrants shall be of the compression type, opening against the pressure and closing with the pressure. 3. Fire hydrants shall have a minimum 5-1/4” main valve opening and a minimum inside lower/upper barrel diameter (I.D.) of 7” to assure maximum flow performance. Pressure loss at 1,000 GPM shall not exceed the following values: 4” Pumper Nozzle: 2.70psi 4.5” Pumper Nozzle: 2.50psi 4. Fire hydrants shall be three-way in design, having one pumper nozzle (size as specified) and two 2-1/2” hose nozzle(s). Nozzle thread type shall be as specified by the end-user. Nozzles shall thread counterclockwise into hydrant barrel utilizing “o” ring seals. A suitable nozzle lock shall be in place to prevent inadvertent nozzle removal. 47 5. The bonnet assembly shall provide an oil reservoir and lubrication system that automatically circulates lubricant to all stem threads and bearing surfaces each time the hydrant is operated. This lubrication system shall be sealed from the waterway and any external contaminants by use of “o “ring seals. An anti-friction washer shall be in place above the thrust collar to further minimize operating torque. The oil reservoir shall be factory filled with a low viscosity; FDA approved non-toxic oil lubricant which will remain fluid through a temperature range of –600 F. to +1500 F. 6. The operating nut shall be a one piece design, manufactured of ASTM B-584 bronze. It shall be pentagon/square in shape and the nut dimensions shall be as specified by the end-user. The operating nut shall be affixed to the bonnet by means of an ASTM B-584 bronze hold down nut. The hold down nut shall be threaded into the bonnet in such a manner as to prevent accidental disengagement during the opening cycle of the hydrant. The use of Allen head set screws as a means of retention is unacceptable. A resilient weather seal shall be incorporated into the hold down nut, for the purpose of protecting the operating mechanism from the elements. 7. The direction of the opening shall be as specified by the end- user. An arrow shall be cast on the bonnet flange to indicate the specified opening direction. 8. The hydrant bonnet shall be attached to the upper barrel by not less than eight bolts and nuts and sealed by an “o” ring. 9. Hydrants shall be a “traffic-model” having upper and lower barrels joined at the ground line by a separate and breakable “swivel” flange providing 3600 rotation of upper barrel for proper nozzle facing. This flange shall employ not less than eight bolts. The safety flange segments shall be located under the upper barrel flange to prevent the segments from falling into the lower barrel when the hydrant is struck. The pressure seal between the barrels shall be an “o” ring. The proper ground line shall be cast clearly on the lower barrel and shall provide not less than 18” of clearance from the centerline of the lowest nozzle to the ground. 10. The operating stem shall consist of two pieces, not less than 1 1/4” diameter (excluding threaded or machined areas) and shall be connected by a stainless steel safety coupling. The safety coupling shall have an integral internal stop to prevent the coupling from sliding down into the lower barrel when the hydrant is struck. Screws, pins, bolts, or fasteners used in conjunction with the stem couplings shall also be stainless steel. The top of the lower stem shall be recessed 2” below the face of the safety flange to prevent water hammer in the event of a “drive over” where a vehicle tire might accidentally depress the main valve. 11. The lower barrel shall be an integrally cast unit. The use of threaded on or mechanically attached flanges is deemed unacceptable. The hydrant bury depth shall be clearly marked on the hydrant lower barrel. 48 12. Composition of the main valve shall be a molded rubber having a durometer hardness of 95 +/- 5 and shall be reversible in design to provide a spare in place. Plastic (polyurethane) main valves are unacceptable. The main valve shall have a cross section not less than 1”. 13. Hydrants shall be equipped with (2) two drain valves which drain the barrel when the hydrant is closed and seal shut when the hydrant is opened. These drain valves shall be an integral part of the one piece bronze upper valve plate. They shall operate without the use of springs, toggles, tubes, levers or other intricate synchronizing mechanisms. 14. The upper valve plate, seat ring and drain ring (shoe bushing) must be ASTM B-584 bronze and work in conjunction to form an all bronze drain way. A minimum of two (2) internal and two (2) external drain openings are required. Drains ported through an iron shoe must be bronze lined. 15. The bronze seat ring shall thread into a bronze drain ring (or shoe bushing) providing a bronze to bronze connection. Seat rings shall be “o” ring pressure sealed 16. The shoe inlet size and connection type shall be as specified (flanged, MJ, etc.), having ample blocking pads for sturdy setting and the MJ connection must have two strapping lugs to secure the hydrant to piping. A minimum of six bolts and nuts is required to fasten the shoe to the lower barrel. 17. The interior of the shoe including the lower valve plate and stem cap nut shall have a protective coating that meets the requirements of AWWA C-550. If a stem cap nut is utilized, it must be locked in place by a stainless steel lock washer or similar non- corrosive device that will prevent the cap nut from backing-off during normal use. 18. Hydrants shall be warranted by the manufacturer against defects in materials or workmanship for a period of ten years (10) from the date of manufacture. The manufacturing facility for the hydrant must have current ISO certification. C. Failure to comply with any of these above requirements is sufficient cause for rejection of proposed hydrants. D. Carmel Water Utility reserves the right to accept only those materials which are in full compliance with these specifications and deemed most advantageous to its interests. E. Fire Hydrants shall be manufactured by Muller/American Standard, Color shall be standard Carmel Safety Yellow. Carmel Spec. hydrants shall be open left. The hydrant pumper nozzle shall be of one-piece design, compatible with 5” storz integral hose coupling. The nozzle shall be an integral part of the fire hydrant and must be furnished 49 by the manufacturer or authorized distributor designated by the manufacturer. STORZ ADAPTERS WILL NOT BE ACCEPTED. F. The base of the hydrant shall be set on a minimum of two 4” x 8” x 16” solid concrete block, or 6” x 8” x 16” poured base of class B concrete on undisturbed earth. The hydrant barrel shall be set plumb. One cubic yard of No. 8 stone shall be placed around the barrel of the hydrant between the end of the trench and the valve. The stone shall not be placed closer than 2’ to the ground surface. Anchoring glands shall be used on the tee and the tee side of the valve. Restraining glands shall be used on all other fittings. All mechanical joints shall be made with American manufactured mechanical joint restraints including wedges. Hydrant grade shall be confirmed and field verified by the contractor prior to installation. Hydrant extensions will not be accepted or approved as a method to bring hydrant base to proper grade. Method of Measurement Fire Hydrant will be measured per each. Basis of Payment Fire hydrant will be paid per the contract unit price per each fire hydrant installed complete in place. All pipe, tees, fittings, valves, restraints, backfill,restoration to complete in place the fire hydrant is to be included in the cost of the fire hydrant item per each. Payment will be made under: Pay Item Pay Unit Symbol Complete Hydrant Assembly . ................................EACH TAPPING/GATE VALVE A. These items shall include all labor, material, equipment, and services necessary to install new main line valves at the locations shown on the plans. Valves shall conform to AWWA C-500, AWWA C-509, or AWWA C-504. Valves shall be cast iron body, bronze mounted, AWWA C-500 double disc or AWWA C-509 resilient seat, gear operated non- rising stem type with mechanical joint ends. Approved valves shall be furnished with an O-ring seal incorporating two rubber O-ring seals. All valves shall be designed for 150 psi working pressure and shall be shop tested at 300 psi pressure, with the pressure held on the valve for at least one minute. All Carmel Spec. valves shall 50 be designed to open in counterclockwise directions (open left) with an arrow indicating the direction for opening. (Carmel Spec. valves shall be open left). Valve Boxes shall be Union Tyler or East Jordan Iron Works, Domestic Star Pipe Products, or approved equal. Posi-caps (or Box Loks) to be used on all gate valves. Wrench nuts shall be 2” square. All iron parts shall be painted by the manufacturer with two coats of acceptable high grade bituminous paint. Valve boxes shall be cast iron three-piece screw type with cover marked “Water”. All valve stems shall be installed plumb and boxes clear of debris. Butterfly valves shall be used for pipe sizes over 12 inch. Tapping sleeves shall be Smith Blair, Romac or JCM. Item includes all valve key extensions required to install valve per owner specifications. B. Valves shall be manufactured by Muller/American Carmel Spec. valves shall be open left and made of cast iron valve box and lid. Special Utility CI valve box and lid shall be installed for each valve and blow-off assembly with a plastic riser, as specified in the standard drawings. The valve box riser will be a solid ribbed 8” diameter PVC riser shall be required and shall be centered over the valve. If the valve is 6’ deep or greater, a valve nut extension shall be provided to bring the operating nut to a depth of 4’ below finished grade. Acceptable manufactures are Burger Metal Products, Sigma, and Union Tyler. Method of Measurement Gate valves and Tapping valves will be measured per each Basis of Payment Gate valves will be paid per each installed complete in place per each. Tapping valves will be paid per each installed complete in place including the tapping saddle. Payment will be made under: Pay Item Pay Unit Symbol 6” Gate Valve . ........................................... EACH 12” Gate Valve . .......................................... EACH 12” Tapping Valve .........................................EACH 6” Electro Fusion Saddle A. This item is to install 12” x 6” Electro Fusion saddles as shown on the plans or as directed by the Engineer or CWU personal. 51 Method of Measurement 6” Electro Fusion Saddle is to be paid per each. Basis of Payment A. This item is to include all material, labor, equipment, backfill, coordination, thrust blocking, rodding, ect. To complete the installation of the electro fusion saddle. The 6” gate valves that connect to these saddles are to be included in the cost of the hydrant assembly. This also includes any backfill, temporary and permanent restoration. Pay Item Pay Unit Symbol 6” Electro Fusion Saddle . .................................Each Service Line A. Description: This item shall include all costs to furnish all labor, materials, tools, and equipment, to provide installation of “Long” or far side water services from the proposed or existing water main to the proposed meter pit. The work includes earth excavation, bracing or shoring, dewatering, disposal of surfaces and spoil where required, furnishing and placement (by boring as specified) of HDPE sleeve (3” for ¾” or 1” service; 4” for 1-1/2” or 2” service), with Type “K” copper tubing, (or approved other), corporation stop, curb box curb stop, adjustment of the curb box, coordinating and cooperating with Carmel Water Utility throughout the pressure testing and disinfection process, protection of existing utilities, protection of existing trees, light poles, fences and mailboxes, site restoration and incidentals for performing all work as specified. Where existing service lines are located & must be replaced, the item shall include all items above, plus the relocation of the existing meter to a location outside of the right- of-way Method of Measurement Water service lines are to be measured by the EA from tap to meter pit. Basis of Payment Water Service lines to include all necessary materials to install a new service line of ¾”, 1” , 1.5”, or 2” complete in place. This includes but not limited to taps, water line, tracer wire, new meter pit, new meter set, new meter pit lid, backfill, bedding, and restoration. Pay Item Pay Unit Symbol Service Line. ................................................EA Connection 12”,6” 52 B. This item is to complete the last 10 LFT of connecting the new water main to the existing water main. Method of Measurement Connection 12”, 6” is to be paid per each. Basis of Payment B. This item is to include all material, labor, equipment, backfill, coordination, thrust blocking, rodding, ect. To complete the last 10 LFT of water main and connect the existing into the new. The only item that is paid for separately are the valves. This item will also include the cost to retire/cut and plug/cap the old water main per the owner’s standards of that water utility. The location of the retirement of the existing water main will be at the owner’s discretion. This also includes any backfill, temporary and permanent restoration. Pay Item Pay Unit Symbol 6” Connection . ............................................Each 12” Connection . ...........................................Each Retire Fire Hydrant A. This item shall include all labor, material, equipment, and services necessary to remove & retire/return existing hydrants at the direction of OWNER. Restoration of each location is also to be included in the cost of this item. Method of Measurement Retire Fire Hydrant is to be paid per each. Basis of Payment This item shall include all labor, material, equipment, and services necessary to remove & retire/return existing hydrants at the direction of OWNER. Restoration of each location is also to be included in the cost of this item. Pay Item Pay Unit Symbol Retire Fire Hydrant. .......................................Each Retire Valve A. Item is for removal and retirement of valves and valve boxes that are connected to or on the retired water main. Method of Measurement Retire Valve, is to be paid per each. 53 Basis of Payment This item shall include all labor, material, equipment, and services necessary to remove & retire valves and valve boxes at the direction of OWNER. Restoration of each location is also to be included in the cost of this item. Pay Item Pay Unit Symbol Retire Valve. ..............................................Each Adjust Valve to Grade Item is for adjustment of valves and valve boxes that are found in the field or called out on the plans. Method of Measurement Adjust Valve to Grade, is to be paid per each. Basis of Payment This item shall include all labor, material, equipment, and services necessary to adjust valves and valve boxes at the direction of OWNER. This also includes key nut extensions if necessary. Restoration of each location is also to be included in the cost of this item. Pay Item Pay Unit Symbol Adjust Valve to Grade. .................................... Each EXISTING CONDITIONS A. The CONTRACTOR shall verify the elevations, measurements, and dimensions of all points where new construction is to match existing conditions prior to the commencement of any construction activities. The CONTRACTOR shall also verify the location and elevation of all public and private sewer (both sanitary and storm) facilities prior to the commencement of any construction activities. B. No direct payment shall be made for this work but the cost thereof shall be included in the costs of the other items of the contract. TRANSPORTATION OF SALVAGEABLE ITEMS A. Existing valve boxes, hydrants, etc. removed shall be salvaged and stockpiled at the job site by the CONTRACTOR. Those items designated by the OWNER shall be delivered by the CONTRACTOR to Carmel Utilities. The remainder of the items shall become the property of the CONTRACTOR. No direct payment shall be made for this work, but the cost thereof shall be included in the costs of the other items. 54 COORDINATION WITH OTHER PROJECTS A. The CONTRACTOR shall coordinate construction with the activities of other projects in the area. This includes all roadway improvement & site improvement projects (both private & public) in the general vicinity of the water installation project. Close coordination shall be made between the water main installation schedule and the operations dealing with any & all projects in the area. No direct payment will be made for coordination but the cost thereof shall be included in the costs of the other items PIPE TESTS AND CLEANING A. This work shall be included in the costs of other items. The contractor shall furnish the pump, pipe connections, taps, gauges, auxiliary water container, bulkheads, plugs, and other necessary equipment and make pressure and leakage tests of all lines unless otherwise directed by the OWNER. The Contractor shall coordinate with Carmel Water Utilities for all cleaning and testing operations. Testing of pipelines laid in excavation or bedded in concrete shall be done prior to backfilling or placing concrete cover unless otherwise permitted by the Engineer. Tests on lines anchored or blocked by concrete shall not be conducted until the concrete has taken permanent set. 1. The line or section thereof to be tested shall be filled slowly with water to expel all air. Hydrostatic pressure shall be applied by pumping water from an auxiliary supply. The test pressure shall be maintained two hours minimum and additional time as required for thorough inspection to find any leaks or defects in the force main and appurtenances. The test pressure shall be 150 lbs/sq.in for a minimum of 2 hours. Should the pipe section fail to pass the tests, the contractor shall find and correct failures and repeat the tests until satisfactory results are obtained. B. After the pressure test and prior to sterilizing, the lines shall be thoroughly flushed through hydrants or by other means as approved by the Engineer. C. All water mains shall be sterilized in accordance with AWWA C- 651. No direct payment will be made for PIPE TESTS & CLEANING but the cost thereof shall be included in the costs of the other items. COORDINATION WITH PUBLIC A. The CONTRACTOR shall coordinate with the OWNER and CWU in order to provide ample notice of construction activities and water main “down time” to the affected residents. This may include distribution of notices or “door to door” notification. This work shall not be paid for separately, but shall be included in the cost of other items. Water main “down time” will be at the discretion of 55 the OWNER & may require contractor make shut downs and connections between 7:00pm & 7:00am. OTHER SPECIAL CONDITIONS AND REQUIREMENTS C. Contractor is responsible to locate and verify all pipe sizes and types where connections to existing water mains are to be made. Contractor must inform CWU 72 hours in advance and have an approved connection plan before making any connections to existing water mains. Anticipation of water main shut down during off peak hours is to be expected. Individual service line tie-overs are to be coordinated with CWU and the property owner by the contractor. D. Contractor is responsible to notify Carmel Water Utility 72 hours in advance of any shutdown required for a water main connection. CWU will operate ALL valves that are necessary for a shutdown. The contractor is NOT to operate valves owned by CWU. No shut downs for existing tie in connections will be allowed on any water main that feeds a hospital or medical care facility. E. Due to possible weather trends and water demands the contractor may not be able to shut down the water main between June 15 and October 1 to make connections from the new mains to the existing mains. This is due to the unknown timing of events and schedules. Discussions and scheduling of this work must be coordinated through Carmel Water. Night time work or off normal work hours maybe required to complete this work. Also the possibility of having to come back to complete the water work after the project is completed. This applies to Cut and Plug or Cut and Caps and all connections of existing and new water mains. F. At project completion, as-builts must have all corrections made and submitted in the following digital and paper formats: 1. Files must be saved and submitted on a cd-rom format in a jewel case w/o using file compression. 2. Disc must be labeled with Engineering Company Name, Project Name, & Date cd burned. 3. All file names need to be easily identifiable to all users. 4. Projection shall be referenced to NAD83, Indiana State Plane Coordinate System, East Zone, using U.S. Survey Feet and per the Hamilton County datum – using section corner reference ties on said system, available through the Hamilton County Surveyors Office. 5. All pertinent drawing elements will reside in the primary drawing file. There shall be no cells, nodes, blocks, or reference files attached to the drawing. 56 6. The as-builts, both paper and digital, must be revised to show the exact location of all water mains, taps, service lines, hydrants, valves, fittings, etc. as installed. 7. Final as-built drawing must include dimensions between all fittings installed in the project. G. CARMEL WATER & SEWER: POINT FEATURE LOCATION CAPTURE STANDARDS: 1. After installation of the water distribution system, actual point coordinate locations (X, Y) of the following features must be captured: hydrants, valves, tees, bends, reducers, and fittings. Subsurface features such as tees, bends, reducers, and fittings must have their coordinate locations either captured prior to burial (preferred method), or marked by a stake protruding from the surface labeled with a description (fitting size & type), to be captured after burial. All other methods must be approved by Carmel Water Department prior to beginning of construction. Surface features such as hydrants and valves can be captured post-installation. 2. File format for final delivery shall be .dwg, .dgn, or .shp file format. Submittals must be on cd-rom (2 copies) and may be included with digital as-built submission. Point symbology must not include cells. Points will be attributed with feature type. Feature coordinates must be referenced to NAD83, Indiana State Plane Coordinate System, East Zone, using U.S. Survey Feet per the Hamilton County datum. Locations must be accurate to within 1 foot of actual earth location. Also to be included with the final project completion is an original copy of the field markup drawings showing all installed facilities with dimensions. This work will not be paid for directly but included in the cost of other items. 3. It is important to have as-builts submitted correctly to avoid delays in any future projects. Should you have any questions, please feel free to contact Steve Cook at (317)-733-2855 with any questions or concerns. 4. No direct payment will be made for the preparation of as-built drawings, and any cost associated with the preparation of as- built drawings shall be paid for as part of the cost of the WATER MAIN, LFT. 57 TS 77 PLANTING SOIL MIX A. Prevailing Specifications: None. B. Additions: 1. This work shall consist of mixing and placing planting soil mix in landscape medians, beds and tree pits in locations shown on the plans. 2. Materials a. Topsoil Source: Import topsoil or manufactured topsoil from off-site sources. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches (100 mm) deep; do not obtain from agricultural land, bogs or marshes. Topsoil should be friable organic loam. 3. Construction Requirements a. All landscape medians, shrub beds and tree pits shall be backfilled with a planting mixture as described below. All soil mixtures shall be mixed with amendments and other materials by hand or mechanical methods prior to placement. All topsoil shall be tested and amended per test results. (i) Planting Soil Mix- Medians, Shrub Beds and Tree Pits: 65% by volume topsoil, 35% by volume double hardwood mulch and soil conditioner as needed. 1. Topsoil shall consist of loose, friable soil, free of refuse stumps, large roots, rocks over two inches in diameters, brush, weeds or other material which would be detrimental to the development of vegetative growth. 2. Topsoil shall not be taken from a source known to contain noxious weeds. 3. Topsoil shall have a PH value of 6.2 to 7.4. 4. Contractor shall submit a 0.5 lb. sample for approval and certification of composition from an independent testing laboratory. a. Thoroughly mix planting soil prior to placing. b. Spread planting soil mix as shown on plans. c. Thoroughly wet first layer and allow to percolate before placing remaining soil. Water thoroughly and fill in any depressions to meet proposed finish grade. 2. The accepted quantity of planting soil mix will be paid for at the contract unit price per cubic yard for PLANTING SOIL. 3. The cost of furnishing and supplying the material, labor, equipment, common excavation, and necessary incidentals shall be included in the cost of this pay item. 58 TS 78 SHREDDED HARDWOOD MULCH A. Prevailing Specifications: INDOT 2020 Standard Specifications Sections 622, 914 B. Additions: 1. This work shall consist of placing shredded hardwood mulch in planting locations shown on the plans. 2. Materials: a. Organic mulch free from deleterious materials and suitable as a top dressing of trees and shrubs consisting of shredded hardwood bark. Size range 3” maximum, ½” minimum. 3. Construction Requirements a. Tree Planting: Apply 3-inch (101-mm) average thickness of organic mulch in 5’ diameter tree ring. Do not place mulch within 2 inches (50 mm) of trunks or stems. b. Planting Bed Mulching: Mulch backfilled surfaces of planting beds and other areas as indicated. Apply 3-inch (101-mm) average thickness of organic mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. 4. The Contractor shall place top soil to a depth of 4 inches in all areas called for shredded hardwood mulch. a. A PH test is required to be run before top soil is brought on site. 5. The accepted quantity of shredded hardwood bark mulch will be paid for at the contract unit price per cubic yard for SHREDDED HARDWOOD MULCH. 6. The cost of furnishing and supplying the material, labor, equipment, and necessary incidentals shall be included in the cost of this pay item. TS 79 PLANTS A. Prevailing Specifications: INDOT 2020 Standard Specifications Section 622 B. Additions: C. This work shall consist of placing trees, shrubs and perennials in locations shown on the plans. 1. Construction Requirements: a. Submittals: (i) Product Data: For each type of product indicated. (ii) Plant Availability Verification: Contractor shall provide Owner or Owner’s representative proof of purchase from supplier and scheduled delivery date for 59 all specified plant material no more than 30 days from the award of contract. Proof of purchase shall include botanical and common names for all plant material, sizes of all plant material, and source(s) of all plant material. This is to ensure that all specified plant material will be ready for installation as required to meet construction schedule and authorized planting periods. (iii) Product Certificates: For each type of manufactured product, signed by product manufacturer. (iv) Planting Schedule: Indicating anticipated planting dates for exterior plants. (v) Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of exterior plants during a calendar year. Submit before expiration of required maintenance periods. Notify Owner of expiration of Contractor maintenance period. 2. Quality Assurance a. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. b. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when exterior planting is in progress. c. Tree and Shrub Measurements: Measure according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6 inches (150 mm) above ground for trees up to 4-inch (100-mm) caliper size, and 12 inches (300 mm) above ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip-to-tip. 3. Delivery, Storage, and Handling: a. Deliver exterior plants freshly dug. b. Do not prune trees and shrubs before delivery. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery. c. Handle planting stock by root ball. d. Deliver exterior plants after preparations for planting have been completed and install immediately. If planting is delayed more than six hours after delivery, set exterior plants trees in shade, protect from weather and mechanical damage, and keep roots moist. e. Coordination: Plant trees and shrubs after finish grades are established and before 60 planting lawns, unless otherwise acceptable to Owner. 4. Coordination: a. Planting Restrictions: Plant during one of the following periods. Coordinate planting periods with maintenance periods to provide required maintenance from date of Substantial Completion. (i) Spring Planting: April 1 to June 15. (ii) Fall Planting: September 1 to October 1. (iii) Woody material may be planted earlier or later than these dates if stock is dug during dormancy. b. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. c. Coordination with Lawns: Plant trees and shrubs after finish grades are established and before planting lawns, unless otherwise acceptable to Landscape Architect. (i) When planting trees and shrubs after lawns, protect lawn areas and promptly repair damage caused by planting operations. 5. Preparation: a. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. b. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. c. Apply antidesiccant to trees and shrubs using power spray to provide an adequate film over trunks, branches, stems, twigs, and foliage to protect during digging, handling, and transportation. If deciduous trees or shrubs are moved in full leaf, spray with antidesiccant at nursery before moving and again two weeks after planting. 6. Plant Excavation: a. Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base leaving center area slightly raised to support root ball and assist in drainage. Do not further disturb base. Scarify sides of plant pit smeared or smoothed during excavation. (i) Excavate approximately three times as wide as ball diameter for balled and burlapped or container-grown stock. b. Obstructions: Notify Engineer if unexpected rock or obstructions detrimental to 61 trees or shrubs are encountered in excavations. c. Drainage: Notify Engineer if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. (i) Fill excavations with water and allow water to percolate away before positioning trees and shrubs. 7. Tree and Shrub Planting: a. Plant tree and shrub material in accordance with the details included in the plan set. b. Mulching: (i) Apply 3-inch (101-mm) average thickness of organic shredded hardwood bark mulch extending 12 inches (300 mm) beyond edge of planting pit or trench. Do not place mulch within 2 inches (50 mm) of trunks or stems. 8. Perennial Planting: a. Set out and space plants as indicated. b. Dig holes large enough to allow spreading of roots, and backfill with planting soil and water management gel polymer. c. Work soil and water management gel polymer around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. d. Water thoroughly after planting, taking care not to cover plant crowns with wet soil. 9. Planting Bed Mulching: a. Mulch backfilled surfaces of planting beds and other areas as indicated. Apply 3- inch (101-mm) average thickness of organic mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. 10. Cleanup and Protection: a. During exterior planting, keep adjacent pavement and construction clean and work area in an orderly condition. b. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged exterior planting. 11. Maintenance: a. Provide maintenance by skilled employees of landscape Installer. Begin 62 maintenance immediately after plants are installed and continue until plantings are acceptably healthy and well established but for not less than one month from date of Substantial Completion. b. Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, mulching, restoring planting saucers, adjusting and repairing tree-stabilization devices, resetting to proper grades or vertical position, and performing other operations as required to establish healthy, viable plantings. Spray or treat as required to keep trees and shrubs free of insects and disease. c. Submit maintenance manual and letter of notification to the Owner at end of maintenance period per Submittals section of this special provision. 12. Plant Guarantee: a. Trees and Shrubs shall be guaranteed for the duration of one (1) year after the end of the required maintenance period. Grasses and perennials shall be guaranteed for six (6) months. Notify Owner of expiration of Contractor maintenance period in writing. b. Failures include, but are not limited to, the following: (i) Death and unsatisfactory growth, except for defects resulting from abuse, lack of adequate maintenance, or neglect by Owner, or incidents that are beyond Contractor's control. (ii) Structural failures including plantings falling or blowing over. (iii) Faulty performance of tree stabilization or edgings. (iv) Deterioration of metals, metal finishes, and other materials beyond normal weathering. c. Replace plant material that is more than 25% dead or in an unhealthy condition at the end of the warranty period. d. The replacement shall be of the same variety, size, and character as specified for original planting. A limit of one replacement of each plant will be required, except for losses or replacements due to failure to comply with requirements. e. Repair any damage to the site or project incurred during the planting operations, including any removal and/or replacement of materials. Make replacement immediately and at no additional cost to the Owner. 13. The accepted quantity of plants will be paid for at the contract unit price per each or the following: a. “DECIDIOUS SHADE TREE, 6 IN CALIPER” 63 b. “DECIDIOUS SHADE TREE, 3 IN CALIPER” c. “DECIDIOUS SHADE TREE, 2.5 IN CALIPER” d. “DECIDIOUS SHADE TREE, 2 IN CALIPER” e. “EVERGREEN SHRUB, NO. 3 CONTAINER” f. “DECIDIOUS SHRUB, NO. 3 CONTAINER” g. “ORNAMENTAL GRASS, NO 1 CONTAINER” h. “PERENNIAL, NO. 1 CONTAINER” i. “GROUND COVER, 4 IN POT” 14. The cost of furnishing and supplying the material, labor, equipment, foundation, and necessary incidentals shall be included in the cost of this pay item. TS 80 IRRIGATION SYSTEM DESCRIPTION This work shall consist of furnishing and installing an underground irrigation system that shall provide 100% coverage and uniformly irrigate all areas in accordance with 105.03 of the Indiana Department of Transportation Standard Specifications. (a) RELATED DOCUMENTS: The site plan, plan and profiles, drainage plan, grading plan, utility plan and landscaping plan will affect the installation of the irrigation system. The contractor shall coordinate to avoid conflicts. (b) INSPECTION OF SITE All prospective Bidders are urged to visit the project site to examine existing conditions and make note of any conditions which may pertain to his class of work. Failure to do so shall not relieve bidder of responsibility in connection with his work. (c) CONTRACTOR REPSONSIBILITIES 1. The contractor shall be responsible for the following items. i. Automatic irrigation system including piping, fittings, drip irrigation tubing and accessories, control wire, quick coupler valves, controllers, and accessories. ii. Excavating and backfilling irrigation system work. iii. Testing and adjusting of system. iv. “As-Built” drawings. v. Winterization - shutdown - spring start-up. 2. All work required by the plans and specifications shall be accomplished by the Contractor even though minor items required may not be specifically mentioned in the above listing. 3. Drawings: The system layout is diagrammatic. Exact locations of piping, sprinkler 64 heads, valves, and other components may need to be modified by the Contractor in the field at time of installation to allow for actual on site conditions. Proper spacing of sprinkler heads will be required to obtained satisfactory coverage. Minor adjustments in the system layout will be permitted to clear fixed obstructions. Any major revisions to the irrigation system shall be submitted in writing to the Owner for approval. The final system layout must be acceptable to the owner. 4. Verification of Plans and Specifications: It shall be the responsibility of the Contractor to carefully examine the plans and specifications relating to this work for completeness, accuracy, and clarity. It is the Contractor’s responsibility to obtain the most current site survey, utility plans, landscape plans and any other document necessary to complete the installation of the irrigation system in cooperation with the site improvements. These documents may be obtained through contact with the owner’s authorized representative. Any conflict, errors or clarifications request shall be immediately brought to the attention of the Architect for written interpretation or instructions. No claim for increased compensation for additions, changes, or alterations will be considered unless written authorization is granted by Owner’s representative. Otherwise any additional materials and/or labor due to existing conditions shall be furnished under this contract. 5. The Contractor shall be responsible for obtaining all permits required for installation of this work. (d) QUALITY ASSURANCE 1. Manufacturing Qualifications: i. Provide the landscape irrigation system as a complete unit produced by acceptable manufacturers for all portions of the working equipment which includes heads, valves, controls and accessories. All irrigation products shall be purchased from a local authorized irrigation supply company. 2. Work and materials shall be in accordance with the latest rules, and other applicable state or local laws. Nothing in the Contract Documents is to be construed to permit work not conforming to these codes. 3. Contractors Qualifications: Bidding Contractors shall have a minimum of three years of experience in the construction of a job of similar size and complexity. i. Provide the General Contractor a list of five equivalent irrigation system installations, performed in the last five years, incorporating the following information: 1. Name and address of project. 2. Name and address of Owner. a. Contact person 3. Name and address of person whom contract was with. a. Contact person 4. Requirements of regulatory agencies and utilities: i. System shall comply with the latest requirements of all state and local codes and ordinances. ii. System shall comply with the latest rules and requirements by all utility companies involved. iii. Nothing in the contract documents is to be constructed to permit work not conforming to these rules, codes and ordinances. 5. Electrical devices shall carry Underwriter’s Laboratory labels. 65 6. Required pressure testing shall be the responsibility of the Contractor. 7. Materials, equipment, and methods of installation shall comply with the following codes and standards: i. National Fire Protection Association (NFPA) ii. National Electric Code (NEC) iii. American Society for Testing and Materials (ASTM) iv. The Irrigation Association (IA) v. American Water Works Association (AWWA) (e) SUBMITTALS 1. Manufacturer's Data: i. Submit copies of manufacturer's specifications and instructions for all manufactured materials and products if other than those specified herein. 2. Record Drawings: i. After completion of the work and before final acceptance, a set of scaled, reproducible record drawings, and two sets of prints showing the location of the complete work shall be submitted to the Owner. Final payment and any retainage will not be released until these drawings are submitted and accepted by the Owner. 3. Submit a weekly irrigation schedule based on an annual evapotranspiration rates, average rainfall etc. amounts or as directed by the Owner. 4. Construction Schedule: i. Submit a construction schedule to be approved by the Owner. (f) WARRANTY 1. The Contractor shall furnish a manufacturer's written warranty to the effect that all heads, valves, and controllers will be warranted for a period of one year (or as determined to be more than one year by the manufacturer), to be free from defects and faulty workmanship, and that any defective heads, valves, or controllers shall be promptly repaired or replaced without additional cost to the Owner in accordance with that warranty. 2. All materials other than those referred to in Paragraph A above shall be warranted for a period of one full year from the date of final acceptance by the Owner. 3. All installation labor used on this project will be warranted for one full year from date of final acceptance by the Owner. MATERIALS PRODUCTS 1. General: i. The materials chosen for the design of the irrigation system have been specifically referred to by manufacturer so as to enable the Owner to establish the level of quality and performance required by the system design. After award of contract and prior to beginning work, the Contractor shall submit for approval three (3) copies of the complete list of materials which he proposes to install. No deviations from the specifications will be allowed. 66 ii. Standard of Quality Acceptable Manufacturers: Rain Bird Sales, Inc. - Glendora, CA (Matched Precipiation Spray Heads, Master Valves, Control Valves, Valve Boxes, Quick Couplers, Rain Sensor) Hunter Industries – San Marcos, CA (Matched Precipitation Nozzles & Spray Heads, Control Valves, Quick Couplers, Rain Sensor) Weathermatic – Garland, TX (Controller, Flow Bundle, Flow Sensor Tee) Wilkins - (Backflow Preventer) Watts - (Backflow Preventer) Febco - (Backflow Preventer) Cresline - (PVC Pipe) Lasco - (Fittings) Nibco - (Isolation Valves) Paige - (Wire & Cable) Regency- (Wire & Cable) Strong Box- (Enclosure) 2. Substitutions i. Any substitution of manufacturers beyond those listed above may be rejected by the Architect. ii. No substitution shall be made unless authorized in writing by the Engineer. Should a substitution be accepted, and should the substitute material prove defective or otherwise unsatisfactory for the service intended, and within the guarantee period, the Contractor shall replace this material or equipment with material or equipment specified, at his own expense, and to the satisfaction of the Architect. iii. Contractors submitting bids on substitute materials and equipment shall also provide a written performance guarantee certifying that the substitute materials and equipment will provide the specified irrigation requirements. After review of the submittal, Engineer may opt to reject the product(s) based upon quality and/or performance. 3. Backflow Preventer The backflow preventer shall be a 1” Reduced Pressure Assembly and shall meet or exceed specifications and standards set by the State and USC Foundation for Cross-Connection Control and Hydraulic Research. The Contractor shall check with local authorities for code compliance. The backflow shall be sized as shown on drawings. All exposed standpipe and fittings shall be copper or Schedule 80 PVC to 18” below grade. Provide and install lockable enclosure, and base, as described below in “Valve Enclosure” section. 4. Booster Pump (pressure unknown) 67 The existing water pressure was not available at the time of design development. The Contractor shall determine the existing pressure at the irrigation point of connection prior to installation of the system. The contractor shall report any deviation between the existing pressure and the required pressure in writing to the owners authorized representative. If the required 65 psi minimum is not available at the point of connection, then a booster pump, protective cover, and pump start relay shall be required and submitted as a change order to the Owner’s authorized representative. The irrigation consultant shall determine the appropriate manufacturers and models. The booster pump shall be installed per manufacturer’s specifications on a concrete pad with lockable enclosure. The Owner will extend power to the booster pump. The Contractor shall have the exact power and voltage verified for coordination with the pump prior to installation. A pump start relay shall activate and control the pump. The booster pump shall be winterized and stored in an indoor facility during the off-season. Submit a change order to the owner for approval if it is determined that a booster pump is required. 5. Main Line Piping All main line piping shall be Class 200 PVC SDR 21 standard weight. All mainline 1” - 2 1/2” shall be solvent weld. Pipe shall carry the N.S.F. seal of approval and meet the following specifications: ASTM 1120/1220, C.S. 256-63, or latest revisions. Size as indicated on drawings. 6. Lateral Line Piping Lateral lines downstream of the valves shall be Class 200 PVC SDR 21 for 1” pipe, Class 160 PVC SDR 26 for 1 1/4” and larger pipe, standard weight. Pipe shall carry the N.S.F. seal of approval and meet the following specifications: ASTM 1120/1220, C.S. 256-63, SDR 26 or latest revision. Size as indicated on drawings. Lateral lines 1” and 1 1/4” downstream of the valves may be 100 psi polyethylene NSF pipe. The pipe shall carry the N.S.F. seal of approval and meet the following specifications: ASTM 1120/1220, C.S. 256-63, SDR 26 or latest revisions. Lateral lines 1 1/2” and larger shall be Cl 160 PVC SDR 26 for 1 1/4”. Pipe shall carry the N.S.F. seal of approval and meet the following specifications: ASTM 1120/1220, C.S. 256-63, SDR 26 or latest revision. Size as indicated on drawings. 7. Pipe Fittings All PVC fittings 1” – 2.5” shall be solvent weld schedule 40 standard weight. Attachment shall be made with both a primer and solvent cement as approved by the manufacturer. Glue type saddles may be used so long as they are 3/4 round type units which grip the pipe. Saddles are to be bored or cut with appropriate equipment and holes 68 are not to be burned into the pipe. Install per manufactures recommendations. All Poly fittings shall be plastic type insert fittings ASTM D-2609. All joints 1-¼” or larger shall be double clamped with stainless steel screw driven clamps. 8. Master Valves The master valve shall be a Rain Bird PGA Series, normally closed, 24 VAC 50/60 cycle solenoid actuated globe design capable of having a flow rate of the gallons per minute (GPM) indicated in the drawings. The valve shall be installed in a valve box near the water source. The valve shall be wired to the controller. The valve pressure rating shall not be less than 150 psi. 9. Valves All remote control valves shall be electric actuated, globe-style valves on pre- assembled drip-zone valve-kits. Acceptable manufacturers are: Rain Bird PGA (Turf) Rainbird #XCZ-LF-100-PRF (Drip) (for low-flow zones 0.2-5 GPM), or Hunter PGV (TurF) Hunter #XCZ-100-PRF (Drip) (flows of 5-15 GPM), in ‘standard’ size valve-boxes. 10. Valve - Controller Communication Communication between the controller and the valves shall be accomplished with copper wire with an exterior jacket which is U.L. listed for direct burial and sprinkler control. The Contractor shall be responsible for correct wire sizing for distance and voltage loss. A minimum of 18 gauge multi-strand wire will be used, and larger gauges used where voltage loss dictates. Common wire color shall be white. Station wires shall be all the same color for the entire run and number marked at all splices and connections. All field connections will be accomplished with wire nuts and will be made water tight and oxidation resistant through the use of electrical insulating resin packs (3M Scotchcast DBY-6). Other brands are not acceptable. Use of sealant without container package is not permissible. 11. Valve Enclosures All single automatic valves shall be enclosed in a ‘standard’ sized, commercial grade, fiberglass valve box with locking cover. All valve boxes (Carson ‘Spec Grade’ or Rain Bird ‘VB’ Series) are to be filled with a minimum of 6" of washed pea gravel below pipe level to ensure adequate drainage. Controller station numbers shall be marked on the valve box cover in a permanent manner. The enclosure (ONLY IF REQUESTED BY OWNER) for the backflow preventer shall be a lockable, stainless steel, or aluminum, enclosure on a pre-formed concrete, or polymer, base at grade. (V.I.T.; StrongBox #SBBC-30AL; or approved equal) 12. Automatic Controller 69 The automatic controller shall be Weathermatic SL1600 Smartlink Controller in the Flow Bundle with modular with the number of stations as indicated on the drawing. The Flow Bundle shall include the SLW5 Weather Sensor and Smartlink Aircard with Flow The cabinet shall be a heavy-duty key-locking cabinet (NEMA 3R rated) with internal junction box. Flexible programming shall include cycle/soak, programmable valve delay, sensor override by station, master valve by station, calendar day off and total program and valve run times. Other options shall include Contractor programming default, seasonal adjust and battery back- up protection. All 120 VAC power to the controllers will be extended by the Owner. Confirm a ground of 15 OHMS or less. Lightening protection devices are to be installed as required by the manufacturer. Place controller in the approximate area as shown on the drawings, with final location to be determined by the Owner at time of installation. Use pedestal-mount for either model selected. 13. Rain Sensor A wireless rain-sensor shall be provided and installed. The rain sensor shall send a signal to the receiver and controller during/after a rain event, allowing it to stop zones from operating. Install per manufacturer’s instructions. Acceptable manufacturers: Rain Bird #WR2-RFC. Coordinate mounting location and height with construction manager. 14. Quick Couple Valve Quick coupling valves (QCV) shall be 1”all brass construction with rubber cover. All quick coupling valves are to be enclosed in a 10” round fiberglass valve box with locking cover at specification grade. Secure quick coupler by mounting on a 1” brass insert snapping swing joint with stabilizer elbow. Provide one (1) matching valve key and swivel adapter for every ten QCV. The quick couplers are to be set at such height that the valve box will not interfere with the operation of the valve key. 15. Flow Sensor Tee Flow Sensor Tee shall be1” Weathermatic Flow Sensor Tee to be installed at the point of connection. Place in the approximate area as shown on the drawings, with mount for either model selected with final location to be determined by the Owner. Install per manufacturer’s specifications. 16. Multi-Stream Rotating Sprinkler The multi-stream rotating sprinkler shall be a Rain Bird Model 1804-SAM & 1812- SAM Series or Hunter Pros-04 Series, body with a MP RotatorTM nozzle. The sprinkler shall cover the radius (4’-30’) and pattern as shown on the drawing at a minimum base pressure of 30 psi. The MP Rotator shall provide matched precipitation with an adjustable arc and radius in a single nozzle. The overall pop-up height shall be 4, 6 or 12 inches as noted on the plans. 70 17. Drip Irrigation Combination distribution/emission dripline shall be Rain Bird #XFCV-06-18 dripline, with rows spaced at 18”. All connection fittings shall be made with approved Rain Bird. Refer to the irrigation legend on the plans for specific flow and spacing requirements. All buried dripline application shall utilize air relief valves, unless the product contains emitters with individual check valves. Installation of the air relief valve in a 6” valve box is to occur at all highpoints of individual zones (there may be more than one depending upon layout and topography) to avoid siphoning of particulate matter into emitters. Flush caps (manual) should be installed at ends of all drip zones for the initial clearing/ flushing of the zone, and for periodic maintenance/ winterization or flushing if upstream breaks occur. Use a 6” valve box with gravel at the bottom for each flush valve. Planting Beds: Install tubing under a 2”-3” mulch bed and stake every 18” with galvanized tie down stakes. Individual plant material requiring more water may be supplemented using additional emitters with 1/4” distribution tubing. Refer to the Landscape Dripline detail for specific installation procedures and additional components. Install a manual drain valve at the end points of the drip zone in a valve box. SUBMITTALS 1. Manufacturer's Data: i. Submit copies of manufacturer's specifications and instructions for all manufactured materials and products if other than those specified herein. 2. Record Drawings: i. After completion of the work and before final acceptance, a set of scaled, reproducible record drawings, and two sets of prints showing the location of the complete work shall be submitted to the Owner. Final payment and any retainage will not be released until these drawings are submitted and accepted by the Owner. 3. Submit a weekly irrigation schedule based on an annual evapotranspiration rates, average rainfall etc. amounts or as directed by the Owner. 4. Construction Schedule: i. Submit a construction schedule to be approved by the Owner. WARRANTY 1. The Contractor shall furnish a manufacturer's written warranty to the effect that all heads, valves, and controllers will be warranted for a period of one 71 year (or as determined to be more than one year by the manufacturer), to be free from defects and faulty workmanship, and that any defective heads, valves, or controllers shall be promptly repaired or replaced without additional cost to the Owner in accordance with that warranty. 2. All materials other than those referred to in Paragraph A above shall be warranted for a period of one full year from the date of final acceptance by the Owner. 3. All installation labor used on this project will be warranted for one full year from date of final acceptance by the Owner. CONSTRUCTION REQUIRMENTS CONTRACTOR REPSONSIBILITIES 1. The contractor shall be responsible for the following items. i. The irrigation contractor will be responsible for installing the meter pit (approved by Indiana American Water Company) and everything up to it. IAWC will install the meter and tap. ii. Automatic irrigation system including piping, fittings, sprinkler heads, control wire, quick coupler valves, controllers, and accessories. iii. Excavating and backfilling irrigation system work. iv. Testing and adjusting of system. v. “As-Built” drawings. vi. Winterization - shutdown - spring start-up. 2. All work required by the plans and specifications shall be accomplished by the Contractor even though minor items required may not be specifically mentioned in the above listing. 3. Drawings: The system layout is diagrammatic. Exact locations of piping, sprinkler heads, valves, and other components may need to be modified by the Contractor in the field at time of installation to allow for actual on site conditions. Proper spacing of sprinkler heads will be required to obtained satisfactory coverage. Minor adjustments in the system layout will be permitted to clear fixed obstructions. Any major revisions to the irrigation system shall be submitted in writing to the Owner for approval. The final system layout must be acceptable to the owner. 4. Verification of Plans and Specifications: It shall be the responsibility of the Contractor to carefully examine the plans and specifications relating to this work for completeness, accuracy, and clarity. It is the Contractor’s responsibility to obtain the most current site survey, utility plans, landscape plans and any other document necessary to complete the installation of the irrigation system in cooperation with the site improvements. These documents may be obtained through contact with the owner’s authorized representative. Any conflict, errors or clarifications request shall be immediately brought to the attention of the Architect for written interpretation or instructions. No claim for increased compensation for additions, changes, or alterations will be considered unless written authorization is granted by 72 Owner’s representative. Otherwise any additional materials and/or labor due to existing conditions shall be furnished under this contract. 5. The Contractor shall be responsible for obtaining all permits required for installation of this work. INSPECTION OF SITE All prospective Bidders are urged to visit the project site to examine existing conditions, and make note of any conditions which may pertain to his class of work. Failure to do so shall not relieve bidder of responsibility in connection with his work. WATER SUPPLY P.O.C. #1 water supply shall be from an existing service line. The taps and meters shall be the responsibility of the Contractor. Install per local code and in accordance with the water purveyors requirements. Approximate locations shown on plan, verify in the field with owners authorized representative. P.O.C.#2 water supply shall be from an existing irrigation mainline and controller located off of 26th Street. (See Drawing for approximate connection locations) Verify actual locations and connection feasibility in the field with owners authorized representative. Notify any discrepancies to the owner prior to installation. SYSTEM DESIGN 1. The contractor shall lay out work as accurately as possible to the drawings. The drawings are generally diagrammatic to the extent that all offsets, fittings, and finished site conditions may not be shown. 2. The Contractor shall be responsible for full and complete coverage of all irrigated areas as to spacing and precipitation rates being matched and shall make any necessary adjustments to the system at no additional charge to the Owner. Head spacing as shown on the drawings is predicated on the water supply being a minimum of 45 static psi at the point of connection. Contractor shall verify said pressure before beginning the installation. Report any deviation between the said pressure and the specified pressure to the owners authorized representative. Head spacing shall not exceed 55% of manufacturer's stated diameter. 3. Any major revisions to the irrigation system shall be submitted to the Owner and will answered in written form, along with any change in the contract price. TRENCHING AND BACKFILLING 1. General: 73 i. Pulling, Excavating, and Trenching: A. The contractor shall perform all excavations as required for the installation of the work included under this section, including shoring of earth banks to prevent cave-ins. B. All lateral pipe (2” and smaller) shall be pulled with a vibratory plow. C. If trenching, trenches shall be wide enough to allow a minimum of 6" between parallel pipe lines. If pulling, the same lateral distance shall be observed. ii. Underground Obstructions: A. Any unforeseen underground obstructions which might be encountered during the installation shall be brought to the attention of the owner immediately and work on that portion of the installation shall be suspended. B. Any additional expense involved in removing those obstructions or the re-routing of lines shall be submitted to the Owner in writing and approved prior to continuing the installation. iii. Underground Utilities: A. It shall be the responsibility of the Contractor to locate or have located all existing public underground utilities on that portion of the site which is affected by his work. All private underground utilities shall be located and marked by the Owner. The Contractor shall contact the Owner for verification that all private utilities have been located prior to construction. The Contractor will be responsible for the repair of any cuts, which are made by him in these utilities. 2. Minimum Cover i. A minimum of 18" cover shall be held over all main lines and control lines. A minimum of 12" of cover shall be maintained over all lateral lines. 3. Backfill i. All irrigation trenches shall be back-filled and compacted by mechanical means in 6" lifts to a minimum of 90% of the original density. Backfill material shall be of the same soil mix as excavated and free of any rocks or debris larger than 3/4" in diameter. It shall be the Contractor's responsibility to remove all larger debris from the premises and to furnish any additional soil which may be necessary to level the trenches. All disturbed areas are to be re-seeded. 74 ii. Contractor shall be responsible for repair of any irrigation trench settling which occurs during the first year after final acceptance by the Owner. iii. Where pipe is pulled into the ground, all domes shall be compacted to original grade after pulling. 4. Sleeves for Pavements, Walks, Etc. i. All mainline and lateral piping under any pavement (walks, roads etc.) and structures shall be installed in separate sleeves unless noted otherwise. Sleeves shall be a minimum of twice (2x) the diameter of the pipe to be sleeved unless otherwise noted. Mainline sleeves shall be a minimum of 24” below subgrade and lateral sleeves shall be a minimum of 18” below subgrade. Extend sleeves into landscape area 12” minimum. Backfill material shall be free of rubbish, plant matter, frozen materials and stones larger than 3/8” in maximum dimensions. The contractor shall provide less than 6” of clearance between each lateral line and greater than 18” of clearance between lateral lines and mainlines. ii. All piping under existing pavement and walkways shall be bored with appropriate equipment unless otherwise noted. Where roadway cuts are required, the asphalt is to be saw cut, the sleeve installed, and surface restored to original by professionals engaged in this business. iii. All communication wire shall be placed in separate sleeves under all pavement, walks, etc. in excess of 10' in width. iv. All sleeves called for in the drawings shall be sized according to the drawings and/or general notes. If sleeves are necessary in areas other than shown on the drawings, then size two sizes larger than the pipe being sleeved. Sleeves shall be of Schedule 40 PVC material. v. If sleeves are not immediately used, then the contractor shall securely cap the ends with duct tape and mark with wooden stakes for future designation. INSTALLATION 1. General i. Unless otherwise indicated, the contractor shall comply with requirements of the Local Plumbing Code. 2. Sprinkler Heads i. The contractor shall install heads at proper grade level as per manufacturer's recommendation. 75 ii. The contractor shall use only Teflon tape for sealing all heads and riser assemblies. 3. Circuit Valves i. The contractor shall install in valve box, arranged for easy adjustment and removal. ii. The contractor shall adjust automatic control valves to provide flow at rated operating pressure required for each sprinkler circuit. If an over pressure condition exists, Contractor shall install, at his expense, such pressure compensation devices as are necessary to bring the circuit or heads into proper operating range. 4. Piping i. The contractor shall lay pipe on solid sub-base, uniformly sloped without humps or depressions. ii. When pipe is pulled into the ground, all PVC pipe shall be solvent welded at least 24 hours before pulling. iii. All trenches shall be snaked, or the pipe snaked within the trench to allow for expansion and contraction. iv. A single strand of 14-1 wire, yellow in color, shall be run with all main line from the point of connection to the end of the main line. This single strand of wire shall be available for main line tracking. v. The contractor shall install thrust blocks behind elbows/tees and gate valves along 3” or larger mainlines. 5. Dielectric Protection i. The contractor shall use dielectric fittings at connection where pipes of dissimilar metal are joined. 6. Closing of Pipe and Flushing Lines i. The contractor shall cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of the installation. ii. The contractor shall thoroughly flush out all main water lines before installing valves. iii. The contractor shall thoroughly flush out all lateral lines after installation and before attaching heads. 7. Communication Circuitry 76 i. All communication circuitry shall be run, wherever possible, with the main pipe line. ii. All splices shall be made at a valve box for easy access. iii. A minimum of 24" of either control wire shall be coiled at each valve. TESTING AND TRAINING 1. Operational Testing i. The contractor shall perform operational testing after backfill is completed and sprinkler heads are adjusted to final position. ii. The contractor shall demonstrate to the owner that the system meets coverage requirements and that automatic controls function properly. iii. Coverage requirements shall be based on operation of one circuit at a time. 2. Personnel Training i. Contractor shall be responsible for the training of as many personnel as the Owner shall deem necessary. ii. Contractor shall be responsible for one starting and one winterizing of the system during the appropriate times of the year after final acceptance by the Owner as part of the training of the Owner's personnel. iii. Contractor shall include general troubleshooting and operation of the system with reference to head, valve, and controller operation during warranty period. iv. Contractor shall furnish a complete operation and maintenance manual to the Owner's personnel. This manual shall include repair parts lists, assembly instructions, trouble-shooting guides, programming instructions, and recommended precipitation rates. ADJUSTMENT 1. After completion of grading, seeding or sodding, if applicable, Contractor shall return to the job site to perform any final adjustments to the system which might be deemed necessary. 2. The Contractor shall be responsible for any pressure testing and start up of the system when construction is complete. 77 METHOD OF MEASUREMENT The irrigation system will be measured by the complete system installed in place. BASIS OF PAYMENT The contractor will be paid per a lump sum price for the entire irrigation system. The price and payment will full compensation for furnishing and placing all materials. Payment will be made under: Pay Item Pay Unit Symbol Irrigation System Lump Sum The cost of all piping, fittings, sprinkler heads, control wire, quick coupler valves, controllers, waterline service and connections, meters, electrical service, wire and conduit, accessories, excavating, and backfill shall be included with the cost of the pay item. TS 81 PRIVATE IRRIGATION Description This work shall include all work and materials to maintain operation of the existing private irrigation systems encountered during construction activities. Materials All materials needed to maintain or repair existing systems. Includes but not limited to heads, valves, pipe, caps/plugs, and backfill. Construction Requirements Irrigation shall be constructed per best industry standards for this type of work. Adequate irrigation shall be retained to any area with irrigation prior to the commencement of the project. Any private irrigation controller boxes located within right-of-way being acquired for the project shall be relocated, as necessary, to be outside the public right-of-way. Method of Measurement Private Irrigation will be measured for the dollar amount for actual work performed. Basis of Payment Private Irrigation will paid for based on the dollar amount for the labor and materials required to restore any existing irrigation systems that are disturbed as part of the project. The contractor will be reimbursed based on the actual cost to perform the work. Payment will be made under: Pay Item Pay Unit Symbol PRIVATE IRRIGATION .................................................................................. DOL 78 TS 82 TREE PROTECTION Install tree protection as shown on the plans or as directed. Furnish materials and use construction methods in accordance with the plans. 1. GENERAL A. SUMMARY i. Section includes general protection and pruning of existing trees and plants that are affected by execution of the Work, whether temporary or permanent construction. ii. If questions arise, consult the City of Carmel Urban Forester. B. DEFINITIONS i. Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest diameters] at 6 inches (150 mm) above the ground for trees up to, and including, 4-inch (100-mm) size; and 12 inches (300 mm) above the ground for trees larger than 4-inch (100-mm) size. ii. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings. iii. Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and indicated on Drawings. iv. Vegetation: Trees, shrubs, groundcovers, grass, and other plants. C. ACTION SUBMITTALS i. Product Data: For each type of product indicated. ii. Samples for Verification: For each type of the following: A. Organic Mulch: 1 quart Ziploc bag iii. Tree Pruning Schedule: Written schedule detailing scope and extent of pruning of trees to remain that interfere with or are affected by construction. A. Species and size of tree. B. Location on site plan. Include unique identifier for each. C. Reason for pruning. D. Description of pruning to be performed. E. Description of maintenance following pruning. D. INFORMATIONAL SUBMITTALS i. Qualification Data: For qualified arborist and tree service firm. ii. Certification: From arborist, certifying that trees indicated to remain have been protected during construction according to recognized standards and that trees were promptly and properly treated and repaired when damaged. iii. Maintenance Recommendations: From arborist, for care and protection of trees affected by construction during and after completing the Work. iv. Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities. A. Use sufficiently detailed photographs or videotape. B. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. E. QUALITY ASSURANCE 79 i. Tree Service Firm Qualifications: An experienced tree service firm that has successfully completed temporary tree and plant protection work similar to that required for this Project and that will assign an experienced, qualified arborist to Project site during execution of the Work. ii. Preinstallation Conference: Conduct conference at Project site. A. Review methods and procedures related to temporary tree and plant protection including, but not limited to, the following: 1. Construction schedule. Verify availability of materials, personnel, and equipment needed to make progress and avoid delays. 2. Enforcing requirements for protection zones. 3. Arborist's responsibilities. 4. Field quality control. F. PROJECT CONDITIONS i. The following practices are prohibited within protection zones: A. Storage of construction materials, debris, or excavated material. B. Parking vehicles or equipment. C. Foot traffic. D. Erection of sheds or structures. E. Impoundment of water. F. Excavation or other digging unless otherwise indicated. G. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. ii. Do not direct vehicle or equipment exhaust toward protection zones. iii. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic mulch. 2. PRODUCTS A. MATERIALS i. Topsoil: Natural or cultivated top layer of the soil profile or manufactured topsoil; containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 1 inch (25 mm) in diameter; and free of weeds, roots, and toxic and other nonsoil materials. A. Obtain topsoil only from well-drained sites where topsoil is 4 inches (100 mm) deep or more; do not obtain from bogs or marshes. ii. Organic Mulch: Free from deleterious materials and suitable as a top dressing for trees and shrubs, consisting of one of the following: A. Type: Shredded hardwood. B. Size Range: 3 inches (76 mm) maximum, 1/2 inch (13 mm) minimum. C. Color: Natural. iii. Protection-Zone Fencing: Fencing fixed in position and meeting one of the following requirements. A. Plywood Protection-Zone Fencing: Plywood framed with four 2-by-4- inch (50-by-100-mm) rails, with 4-by-4-inch (100-by-100-mm) preservative-treated wood posts spaced not more than 8 feet (2.4 m) apart. 1. Height: 4 feet (1.2 m)] [6 feet (1.8 m). 80 B. Wood Protection-Zone Fencing: Constructed of two 2-by-4-inch (50-by- 100-mm) horizontal rails, with 4-by-4-inch (100-by-100-mm) preservative-treated wood posts spaced not more than 8 feet (2.4 m) apart, and lower rail set halfway between top rail and ground. 1. Height: 4 feet (1.2 m) C. Plastic Protection-Zone Fencing: Plastic construction fencing constructed of high-density extruded and stretched polyethylene fabric with 2-inch (50-mm) maximum opening in pattern and weighing a minimum of 0.4 lb/ft. (0.6 kg/m); remaining flexible from minus 60 to plus 200 deg F (minus 16 to plus 93 deg C); inert to most chemicals and acids; minimum tensile yield strength of 2000 psi (13.8 MPa) and ultimate tensile strength of 2680 psi (18.5 MPa); secured with plastic bands or galvanized-steel or stainless-steel wire ties; and supported by tubular or T-shape galvanized-steel posts spaced not more than 8 feet (2.4 m) apart. 1. Height: 4 feet (1.2 m). 2. Color: High-visibility orange, nonfading. iv. Protection-Zone Signage: Shop-fabricated, rigid plastic or metal sheet with attachment holes prepunched and reinforced; legibly printed with nonfading lettering and as follows: A. Text: “Keep out Tree Protection Area” B. Lettering: 3-inch- (75-mm-) high minimum, black characters on white background. 3. EXECUTION A. EXAMINATION i. Erosion and Sedimentation Control: Examine the site to verify that temporary erosion- and sedimentation-control measures are in place. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross protection zones. ii. For the record, prepare written report, endorsed by arborist, listing conditions detrimental to tree and plant protection. B. PREPARATION i. Locate and clearly identify trees, shrubs, and other vegetation to remain. Flag or tie a 1-inch (25-mm) blue-vinyl tape around each tree trunk at 54 inches (1372 mm) above the ground. Trees just outside the right-of-way, that could have roots within the project limits have been identified for protection and shall be paid for as tree protection. ii. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. C. TREE- AND PLANT-PROTECTION ZONES i. Protection-Zone Fencing: Install protection-zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected area except by entrance gates. Construct fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street 81 intersections, drives, or other vehicular circulation. Tree Protection at R/W Req’d, shall be placed at the right-of-way to protect trees that are outside of the project right-of-way limits. If roots are encountered during construction all other provisions of the specification shall be met. A. Posts: Set or drive posts into ground one-third the total height of the fence without concrete footings. Where a post is located on existing paving or concrete to remain, provide appropriate means of post support acceptable to Engineer. ii. Protection-Zone Signage: Install protection-zone signage in visibly prominent locations in a manner approved by Engineer. Install one sign spaced approximately every 50feet (6 m) on protection-zone fencing, but no fewer than four signs with each facing a different direction when trees are completely surrounded. Fewer signs may be used for Tree Protection at Right-of-Way that is linear. iii. Maintain protection zones free of weeds and trash. iv. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Engineer. v. Maintain protection-zone fencing and signage in good condition as acceptable to the Engineer and remove when construction operations are complete and equipment has been removed from the site. A. Do not remove protection-zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone. B. Temporary access is permitted subject to preapproval in writing by arborist if a root buffer effective against soil compaction is constructed as directed by arborist. Maintain root buffer so long as access is permitted. D. EXCAVATION i. General: Excavate at edge of protection zones and for trenches indicated within protection zones. ii. Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning. iii. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches (75 mm) back from new construction and as required for root pruning. iv. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. E. ROOT PRUNING 82 i. Root Pruning at Edge of Protection Zone: Prune roots 12 inches (300 mm) outside of the protection zone, by cleanly cutting all roots to the depth of the required excavation. F. REGRADING i. Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. ii. Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. iii. Minor Fill within Protection Zone: Where existing grade is 2 inches (50 mm) or less below elevation of finish grade, fill with topsoil. Place topsoil in a single uncompacted layer and hand grade to required finish elevations. G. FIELD QUALITY CONTROL i. Inspections: Engage a qualified arborist to direct plant-protection measures in the vicinity of trees, shrubs, and other vegetation indicated to remain and to prepare inspection reports. H. REPAIR AND REPLACEMENT i. General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Engineer. A. Submit details of proposed root cutting and tree and shrub repairs. B. Have arborist perform the root cutting, branch pruning, and damage repair of trees and shrubs. C. Treat damaged trunks, limbs, and roots according to arborist's written instructions. D. Perform repairs within 24 hours. E. Replace vegetation that cannot be repaired and restored to full-growth status, as determined by Engineer. ii. Trees: Remove and replace trees indicated to remain that are more than 66 percent dead or in an unhealthy condition before the end of the corrections period or are damaged during construction operations that Engineer determines are incapable of restoring to normal growth pattern. A. Provide new trees of same size and species as those being replaced for each tree that measures 6 inches (150 mm) or smaller in caliper size. B. Provide two new tree(s) of 2-inch (50-mm)] caliper size for each tree being replaced that measures more than 6 inches (150 mm) in caliper size. 1. Species: Species selected by Engineer. iii. Plant and maintain new trees. I. DISPOSAL OF SURPLUS AND WASTE MATERIALS i. Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally dispose of them off Owner's property. Method of Measurement This Item will be measured by each tree protected. 83 Basis of Payment The work performed and materials furnished in accordance with this Item will be paid for at the unit bid price for “Tree Protection”. This price is full compensation for furnishing all materials, equipment, labor, and incidentals. TS 83 GEOTECHNICAL REQUIREMENTS Contractor shall provide geotechnical recommendations for the retaining walls and this shall be included in the cost of Construction Engineering. TS 84 HANDRAIL POST EMBEDMENT SECTION 604, BEGIN LINE 298, INSERT AS FOLLOWS: The cost of handrail post embedment including but not limited to sleeve assemblies, anchor bolts, base plates, concrete, and all other incidentals shall be included in the cost of the handrail. TS 85 SIGN POSTS All sheet sign posts shall be black powder coated per Carmel Standard Drawing 10-11C. TS 86 BFS RETAIL & COMMERCIAL OPERATIONS LLC PARCEL Contractor shall coordinate with the BFS Retail & Commercial Operations LLC Parcel prior to the drive reconstruction or any modifications to the existing irrigation system. TS 87 DEWATERING Description The Contractor shall design, furnish, install, test, operate, monitor, and maintain a dewatering system of sufficient scope, size, and capacity to prevent ground-water flow into excavations and allow water and construction operations to proceed on dry, stable subgrades. Materials Materials shall be in accordance with 205.02 and as follows: 84 Sediment filter bags shall consist of nonwoven, needle punched polypropylene geotextile consisting of strong, rot resistant, chemically stable long-chain synthetic polymer materials which are dimensionally stable relative to each other including the selvedges. The plastic yarn or fibers used in the geotextile shall consist of at least 85% by weight of polyolefins, polyesters, or polyamides. The plastic yarn or fibers shall have stabilizers and inhibitors added to the base plastic to make the filaments resistant to deterioration due to ultraviolet and heat exposure. The geotextile shall be in accordance with the physical requirements as follows: TEST METHOD REQUIREMENTS*: Tensile Strength Grab Tensile Strength, ASTM D 4632 200 lb Elongation Grab Tensile Strength, ASTM D 4632 15% Mullen Burst ASTM D 3786 350 psi Seam Strength Grab Tensile Strength, ASTM D 4632 180 lb Puncture Strength ASTM D 4833 110 lb Trapezoid Tear ASTM C 4533 80 lb Ultraviolet Degradation at 150 h ASTM D 4355 70% strength retained Apparent Opening Size (AOS) ASTM D 4751 No. 80 standard sieve or filter Flow Rate ASTM D 4491 80 gal./min/sq ft * Use value in weaker principal direction. All numerical values represent minimum average roll value and test results from any sampled roll in a lot shall meet or exceed the minimum values in the table. Lots shall be sampled according to ASTM D 4354. The size of the filter bag shall be appropriate for the site conditions. Construction Requirements Dewatering operations shall be maintained to ensure stability of excavations and constructed slopes and that the excavation does not flood. Surface water shall be prevented from entering excavations by grading, dikes, or other means. Water from work area dewatering pumps shall be discharged through a sediment filter bag, or other approved device. The filter bag shall be located such that discharge water flows back into a stabilized area downstream of the work area. Dewatering shall be accomplished without damaging existing buildings or structures adjacent to excavation. The dewatering system shall be removed when no longer needed. The Contractor shall comply with water disposal requirements of authorities having jurisdiction. The operation of the dewatering pumps and the condition and efficiency of the sediment filter bags shall be closely monitored. Sediment filter bags which do not perform properly or reach their capacity shall be replaced immediately. 85 The Contractor shall dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. Disposal of water shall not inconvenience others. Sumps, sedimentation tanks, flow-control devices, and temporary sediment and erosion control shall be provided in accordance with 205 and as required by authorities having jurisdiction. Sediment in filter bags shall be removed once it has accumulated to the design volume and be disposed of in accordance with 202. Method of Measurement Dewatering will not be measured, regardless of how many times the system is moved, replaced or relocated. Sediment filter bags will not be measured regardless of the number of times a day a filter bag may become filled and replaced. Basis of Payment Dewatering shall be considered incidental to the work being performed and shall be included in the cost of other items. The cost of the pump, materials, installation, inspection, maintenance, sediment filter bags, removal and proper disposal, and all necessary incidentals shall be included in the cost of other items. TS 88 CAPPING CUT AND FILL SLOPES STEEPER THAN 3:1 Description This work shall consist of: (a) covering soil slopes with a cohesive soil to establish vegetation; (b) use of soil reinforcement materials and blankets for mulching seed as shown on the plans and in accordance with these requirements; (c) use of water absorption chemicals to hold water and keep moisture available for seed germination; and (d) soil testing for pH, nutrient supply, and organic matter percentage. Materials The materials shall be in accordance with the following: (a) Mulch Blankets The mulch blankets shall be excelsior blankets or straw mats in accordance with 621.05(d) or 621.05(f). 86 (b) Water Absorption Gels Water absorption gels developed for horticultural use shall be incorporated into the top 1 1/2 in. of the capping soil according to the manufacturer’s recommendations. The Contractor shall supply a copy of the manufacturer’s recommendation to the Engineer prior to the placement of the capping soil. (c) Capping Soil The capping soil shall be a type A4, A5, A6, or A7 AASHTO classification, that has a pH range of 6 to 7 and an organic content of 5 to 10% by volume or 2 to 3% by dry weight. The soil shall be tested by an approved laboratory and the results shall be furnished to the Engineer prior to the placement of the soil. Construction Requirements All slopes steeper than 3:1 designated for seeding shall be ripped to a depth of 2 in. and then covered with a 6 in. layer of capping soil. The capping soil shall be evenly spread over all areas and shall have the water absorption gels incorporated. The capping soil shall be tracked into place such that the cap adheres to the existing soil and forms the desired contours for the slope. All debris in the capping soil shall be in accordance with 203.09. All areas shall be fine graded to produce a smooth surface which conforms to the contours and cross sections desired. Method of Measurement Existing soils stripped and stockpiled for use as a capping soil will be measured as common excavation in accordance with 203.27. Capping soil obtained from off the right-of- way will be measured as borrow in accordance with 203.27. Erosion control blankets will be measured in accordance with 621.14. Water absorption gels will not be measured for payment. Basis of Payment Existing soils stripped, stockpiled, and then redistributed as a capping soil will be paid for as common excavation in accordance with 203.28. Capping soil obtained from off the right-of-way will be paid for as borrow in accordance with 203.28. Erosion control blankets will be paid for in accordance with 621.14. The cost of the water absorption gel shall be included in the cost of the erosion control blanket. TS 89 COMPACTED SUBGRADE FOR SHARED-USE PATH The preparation of a compacted subgrade for the Shared-Use Path shall be in accordance with INDOT Standard Specification 203.23 and the cost and all necessary incidentals shall be included in the cost of “HMA For Sidewalk”. TS 90 SIGN, SHEET, RELOCATE 87 The cost of sign removal, existing post removal, storage of existing signs, all mounting hardware necessary to attach the existing sign to new posts, new sign post and foundation, and all labor and materials necessary to complete the work shall be included in the cost of Sign, Sheet, Relocate. TS 91 FINEBERG GROUP, LLC PARCEL COORDINATION Contractor shall notify property owner a minimum of 2 weeks prior to work commencing which affects the irrigation conduit on the parcel. TS 92 KRG CENTRE, LLC PARCEL COORDINATION Contractor shall notify property owner a minimum of 2 weeks prior to work commencing which affects the parcel or any access points to the parcel. TS 93 FINEBERG GROUP, LLC PARCEL PRIVATE LIGHTING Contractor shall relocate/replace the existing lighting and lighting conduit which is affected by the proposed roadway construction at ~125+05 “PR-RL1” 75’ RT on the Fineberg Group, LLC Parcel. Private Lighting will be paid for based on the dollar amount for the labor and materials required to complete the necessary work on the FINEBERG GROUP, LLC Parcel. The contractor will be reimbursed based on the actual cost to perform the work. Payment will be made under: Pay Item Pay Unit Symbol PRIVATE LIGHTING ....................................................................................... DOL All materials, labor, and equipment necessary to complete this work shall be included in the cost of the pay item. Any existing lighting conduit, lights, or equipment which are located beyond the construction limits and damaged by construction operations shall be replaced by the CONTRACTOR at his own expense. TS 94 FINEBERG GROUP, LLC PARCEL PRIVATE IRRIGATION 88 Contractor shall replace the existing irrigation systems which are affected by the proposed construction on the Fineberg Group, LLC Parcel. For information only sketches are included below with approximate locations. See TS 81 PRIVATE IRRIGATION for basis of payment. Irrigation Sketch (For Information Only) Irrigation Sketch (For Information Only) 89 Any existing irrigation conduit, irrigation spray heads, irrigation controllers, irrigation control valves, or irrigation equipment which are located beyond the construction limits and damaged by construction operations shall be replaced by the CONTRACTOR at his own expense. TS 95 PRIVATE LIGHT, RELOCATE This work shall consist of relocating (2) private lights located on the Autozone Parcel. Light Poles and Luminaires shall be relocated as indicated in the plans. All relocation placement, wiring, foundations, conduit, and testing shall be in accordance with 807. Relocated light poles and luminaires shall be measured by the number of units relocated. All items required for the relocation including but not limited to labor, wiring, conduit, miscellaneous electrical items, fuses, grounding rods, mounting brackets, lighting circuits, conductors, and foundations shall be included in the cost of the pay item Private Light, Relocate. Payment will be made under: Pay Item Pay Unit Symbol Private Light, Relocate .................................................................................. Each TS 96 DECORATIVE ASPHALT BLOCK A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 610 1. This work shall consist of constructing a decorative paver path and crosswalk in reasonably close conformance with the lines, grades and details shown on the plans and in accordance with manufacturer specifications and the requirements set out herein. 2. Materials shall be in accordance with the following: a. Asphalt Block Paver Type ‘A’ (i) Paver units shall be Asphalt Block pavers by Hanover Architectural Products (www.hanoverpavers.com, 1.717.637.0500) or approved equal. (ii) Size: 8” x 8” x 3” (iii) Color: A80037 (iv) Finish: Ground b. Asphalt Block Paver Type ‘B’ (i) Paver units shall be Asphalt Block pavers by Hanover Architectural Products (www.hanoverpavers.com, 1.717.637.0500) or approved equal. (ii) Size: 8” x 8” x 3” (iii) Color: A80013 (iv) Finish: Ground c. Joint Opening (i) Provide natural Joint Sand as follows: 90 (i) Washed, clean, non-plastic, free from deleterious or foreign matter, symmetrically shaped, natural or manufactured from crushed rock. (ii) Reject limestone screenings, stone dust, or sand for the Joint Sand material that does not conform to conform to the grading requirements of ASTM C 33. (iii) Utilize sands that are as hard as practically available where concrete pavers are subject to vehicular traffic. Gradation as shown in Table 1 below: TABLE 1 – JOINT SAND GRADATION REQUIREMENTS FOR JOINT SAND ASTM C 144 Sieve Size Natural Sand Percent Passing Manufactured Sand Percent Passing No. 4 (4.75 mm) 100 100 No. 8 (2.36 mm) 95 to 100 95 to 100 No. 16 (1.18 mm) 70 to 100 70 to 100 No. 30 (0.600 mm) 40 to 75 40 to 75 No. 50 (0.300 mm) 10 to 30 20 to 40 No. 100 (0.150 mm) 2 to 15 10 to 25 No. 200 (0.075) 0 to 1 0 to 10 d. Neoprene Tack Coat (i) Neoprene modified asphalt adhesive: (i) Karnak 230 2% neo-asphalt paving block adhesive. Note: Only apply enough Neoprene Tack Coat to completely cover the Bitumen Setting Bed. Applying an excessive amount of Neoprene Tack Coat can cause the material to expand during summer months and ooze up through the paver joint damaging the paver surface. b. Bituminous Setting Bed Materials (i) Sand for asphalt bed: (i) Clean, non-plastic, free from deleterious or foreign matter, symmetrically shaped, natural or manufactured from crushed rock. (ii) Graded according to ASTM C 136. (ii) Asphalt Cement: (i) Provide Asphalt Cement used in the bituminous setting bed conforming to ASTM D 946 with a penetration at 77 degrees F. 100G., 5 sec of minimum 85 millimetres and a maximum of 100 millimetres. (ii) Combine the dried fine aggregate with hot asphalt cement, and heat the mix to approximately 300 degrees Fahrenheit (150° C), at an asphalt plant. Mix the approximated proportion of materials including 7% asphalt cement and 93% fine aggregate. Proportioned by weight each ton of the batch in the approximate ratio of 145 lbs (66 kg) asphalt to 1,855 lbs (840 kg) sand. (iii) Primer for base: (i) Anionic asphalt emulsion SS-1h, per ASTM D 977. 1. Mock Up b. The Contractor shall construct a mock-up sample for the Engineer’s approval of each pattern at least 2 weeks prior to beginning the Asphalt Block work. At a location on the project site selected by the Engineer, the Contractor shall place and finish an 8 91 foot by 16 foot area sufficient to demonstrate typical pattern and color using the processes and techniques intended for use on the permanent work, including joint sand and gauging procedures. If the Engineer determines the sample does not meet requirements, the Contractor shall demolish and remove it from the site and repeat until a sample is approved. The sample shall be produced by the workers who will be performing the work for this project. The approved mock-up sample will provide a visual standard for the work and shall remain in place through the completion of the work for use as a quality standard for finished work. 2. Installation shall be in accordance with the following: a. Apply Bitumen Setting Bed Asphalt primer to Cast-in-Place Concrete Underlayment to bond the bituminous bedding material to the concrete base. b. Place bituminous setting bed in panels between 3/4 inch (20 mm) high screed rails spaced approximately 12 ft (4 m). Set the depth screed rails carefully to bring the Bitumen Bedding material to proper grade, to insure proper Asphalt Paver finished height. Place Bitumen Bedding material between the parallel screed rails. Rake and screed smooth with strike board. Fill any depressions with fresh bituminous material to produce a smooth, firm and even setting bed after each pass. c. Use screed rails to achieve a level setting bed conforming to elevations and slope shown on the drawings. After one panel is completed, advance screed rails to the next position in readiness for screeding adjacent panels with strike board. Fill depressions left from removed screed rails and smooth to height consistent with panel. d. Place an area in size that will remain at least 270° F (130° C) during compaction. e. Compact the Bitumen Setting Bed with a powered roller compactor to an even, nominal thickness of 3/4 inch (20 mm) after compaction while still hot. Adjusted the Bitumen Setting Bed to accommodate the required finished grade of the Asphalt Pavers. Proper attention to elevations during the construction of the concrete base material will insure maintaining the required nominal 3/4 inch thick Bitumen Setting Bed. f. Re-heat, fill, and compact low areas with Bitumen Setting Bed materials to conform to slope and elevation shown on the drawings. g. Re-heat, remove, level, and compact Bitumen Setting Bed in high areas to conform to slope and elevation shown on the drawings. h. Correct irregularities or evenness in the grade of the concrete base surface with Setting Bed materials only. i. Apply neoprene asphalt adhesive to cold asphalt setting bed with notched trowel with serrations not exceeding 1/16 inch (2 mm). Do not apply pavers to adhesive until dry skin forms on surface of adhesive, approximately 2-3 hours depending on air temperature. j. Mix Asphalt Pavers from a minimum of three (3) bundles simultaneously drawing the paver vertically rather than horizontally, as they are placed, to produce uniform blend of colors and textures k. Provide Asphalt Pavers using joint pattern as indicated on plans. Adjust joint pattern at pavement edges such that cutting of edge pavers is minimized. Cut all pavers no smaller than one-third of a whole paver. 92 l. Fill gaps between units or at edges of the paved area that exceed 3/8 inch (10 mm) with pieces cut to fit from full-size unit pavers. m. Cut unit pavers with motor-driven masonry saw equipment to provide clean, sharp, unchipped edges. Cut units to provide pattern indicated and to fit adjoining work neatly. Use full units without cutting where possible. Hammer cutting is not acceptable. n. Use string lines or chalk lines on Setting Bed sand to hold all pattern lines true. o. Place units hand tight against spacer bars. Adjust horizontal placement of laid pavers to align straight. p. All cutting of pavers or special paver placement to fit with castings or other features as directed by the City shall be incidental to the cost of the work. q. Vibrate pavers into leveling course with a low-amplitude plate vibrator capable of a to 5000-lbf (22-kN) compaction force at 80 to 90 Hz. Perform at least three passes across paving with vibrator. Vibrate under the following conditions: (i) After edge pavers are installed and there is a completed surface. (ii) Compact installed asphalt pavers to within 6 feet (1,800 mm) of the laying face before ending each day's work. Cover pavers that have not been compacted and leveling course on which pavers have not been placed, with nonstaining plastic sheets to prevent Permeable Setting Bed Aggregate from becoming disturbed. r. Remove any cracked or structurally damaged pavers and replace with new units prior to installing Permeable Joint Opening Aggregate material. s. Provide, spread and sweep dry Joint Sand into joints immediately after vibrating pavers into Tack Coat and Bitumen Setting Bed course until full. Vibrate pavers and add Joint Sand material until joints are completely filled, then remove excess material. This will require at least 4 passes with a plate compactor. t. After the final vibrating, the surface shall be true to grade and shall not vary by more than 1\4 inch when tested with a 3-foot straight edge at any location on the surface. 2. Decorative Asphalt Block pavers system will be measured by the square yard, complete in place. 3. Mock Ups, excavation, backfill, subgrade preparation, furnishing and installing the completed aggregate base, filter fabric, leveling course, labor, materials, and all necessary incidentals shall be included in the cost of asphalt pavers. 4. The accepted quantity of DECORATIVE ASPHALT BLOCK will be paid for at the contract unit price per square yard for each of the following: a. Decorative Asphalt Block Paver Type ‘A’ b. Decorative Asphalt Block Paver Type ‘B’ TS 97 INTEGRAL COLORED CONCRETE A. Prevailing Specifications: 2020, INDOT Standard Specification Section 105 93 B. Additions 1. This work shall consist of placing integrally colored concrete bands as shown on the plans. 2. Material shall be delivered and stored in original unopened, undamaged packaging bearing identification of product, manufacturer, batch number, and expiration data as applicable. 3. The following are acceptable materials and manufacturers. Color: Bisque –by Artcrete, Inc. Sand Buff, by L.M. Scofield Company Sandy Beige by Stencil Systems or approved equal. Curing Compound: as recommended by manufacturer. 4. Calcium chloride shall not be added to the concrete mix since it causes mottling and surface discoloration. Supplemental admixtures, such as additional water-reducing admixtures, water-proofing agents, and super plasticizers shall not be used. Do not add water to the mix in the field. 5. This work shall be in accordance with 605.06 and the manufacturers’ specifications for installation of colored and textured concrete. 6. The Contractor shall include manufacturer and subcontractor qualifications with the post bid submittal. A qualified manufacturer will be one that specializes in manufacturing the products specified in this section and will have a minimum of 10 (ten) years documented experience in floor hardener manufacturing. A qualified Contractor will have at least five (5) years’ experience with work of similar scope and quality. The Contractor shall also include a certificate of compliance from the material manufacturer stating that the proposed products meet or exceed the requirements of this specification, that the proposed materials have a ten (10) year proven record of performance, and a list of at least three (3) projects that the Engineer can examine. 7. The Contractor shall submit to the Engineer the manufacturer’s complete technical data sheets for all materials as well as the name of the manufacturer’s authorized representative at least 4 weeks before the start this work. 8. The Contractor shall obtain all quantities of a given material from the same manufacturer and maintain high degree of consistency in workmanship throughout project. 9. The Contractor shall construct a mock-up sample for the Engineer’s approval of 94 each pattern at least 2 weeks prior to beginning the colored and textured concrete work. At a location on the project site selected by the Engineer, the Contractor shall place and finish a 4 foot by 4 foot area sufficient to demonstrate typical joints, joint sealer, surface finish, texture, pattern and color using the processes and techniques intended for use on the permanent work, including curing procedures. If the Engineer determines the sample does not meet requirements, the Contractor shall demolish and remove it from the site and repeat until a sample is approved. The sample shall be produced by the workers who will be performing the work for this project. The approved mock-up sample will provide a visual standard for the work and shall remain in place through the completion of the work for use as a quality standard for finished work. 10. Integral Colored Concrete will be measured by the linear foot of the thickness specified. 11. The accepted quantities of colored and textured concrete will be paid for as Integral Colored Concrete at the contract unit price per linear foot complete in place. 12. The cost of the mock-up sample, concrete, colored hardener, curing agents, joint sealants and all other materials and work necessary to complete this work shall be included in the cost of the pay item. TS 98 LAWN SEEDING A. Prevailing Specifications: INDOT 2020 Standard Specifications Section 621 B. Additions: 1. This work shall consist of placing turf seed in driveable grass/ grass paver locations as shown on the plans. 2. Seed a. Grass Seed: Fresh, clean, dry, new-crop seed complying with AOSA's "Rules for Testing Seeds" for purity and germination tolerances. b. Seed Species: (i) Quality: State certified seed of grass species as listed below for solar exposure. (ii) Full Sun: Kentucky Bluegrass (Poa Pratensis), a minimum of three cultivars. 3. Field Conditions a. Planting Restrictions: Plant during one of the following periods. Coordinate planting periods with initial maintenance periods to provide required maintenance from date of Substantial Completion. (i) Spring Planting: April 1 to May 31. (ii) Fall Planting: August 15 to September 31. b. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed when beneficial and optimum results may be obtained. Apply products during favorable weather conditions according to manufacturer's written instructions. 95 4. Installation a. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph (8 km/h). (i) Evenly distribute seed by sowing equal quantities in two directions at right angles to each other. (ii) Do not use wet seed that is moldy or otherwise damaged. b. Sow seed at a total rate of 5 to 8 lb/1000 sq. ft. (2.3 to 3.6 kg/92.9 sq. m). c. Rake seed lightly into top 1/8 inch (3 mm) of soil, roll lightly, and water with fine spray. 5. TURF MAINTENANCE a. General: Maintain and establish turf by watering, fertilizing, weeding, mowing, trimming, replanting, and performing other operations as required to establish healthy, viable turf. Roll, regrade, and replant bare or eroded areas and remulch to produce a uniformly smooth turf. Provide materials and installation the same as those used in the original installation. (i) Fill in as necessary soil subsidence that may occur because of settling or other processes. Replace materials and turf damaged or lost in areas of subsidence. (ii) In areas where mulch has been disturbed by wind or maintenance operations, add new mulch and anchor as required to prevent displacement. (iii) Apply treatments as required to keep turf and soil free of pests and pathogens or disease. Use integrated pest management practices whenever possible to minimize the use of pesticides and reduce hazards. b. Watering: Install and maintain temporary piping, hoses, and turf-watering equipment to convey water from sources and to keep turf uniformly moist to a depth of 4 inches (100 mm). (i) Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. (ii) Water turf with fine spray at a minimum rate of 1 inch (25 mm) per week unless rainfall precipitation is adequate. c. Mow turf as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cutting more than one-third of grass height. Remove no more than one-third of grass-leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. d. Turf Postfertilization: Apply slow-release fertilizer after initial mowing and when grass is dry. (i) Use fertilizer that provides actual nitrogen of at least 1 lb/1000 sq. ft. (0.45 kg/92.9 sq. m) to turf area. 6. Satisfactory Turf a. Turf installations shall meet the following criteria as determined by Engineer: (i) Satisfactory Seeded Turf: At end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. (0.92 sq. m) and bare spots not exceeding 5 by 5 inches (125 by 125 mm). (ii) Satisfactory Sodded Turf: At end of maintenance period, a healthy, well- 96 rooted, even-colored, viable turf has been established, free of weeds, open joints, bare areas, and surface irregularities. b. Use specified materials to reestablish turf that does not comply with requirements, and continue maintenance until turf is satisfactory. 7. Quantities and Unit Price a. The accepted quantity of Lawn Seeding will be paid for at the contract unit price per square foot installed in place. b. The cost of furnishing and supplying the material, labor, equipment, and necessary incidentals shall be included in the cost of this pay item. TS 99 DEPRESSED CURB AND GUTTER All residential and commercial drives shall have a depressed curb and gutter in accordance with Carmel Standard Drawing 10-23 which was revised on 4/27/2021. TS 100 S-MART REAL ESTATE, INC. Contractor shall notify property owner a minimum of 2 weeks prior to work commencing which affects the parcel or any access points to the parcel. TS 101 DETECTABLE PEDESTRIAN BARRICADE Description This work shall consist of the construction and installation of the Detectable Pedestrian Barricade for sidewalk closure at the locations as shown on the plans in accordance with 105.03. The barricade shall meet all ADA requirements for pedestrian safety. Specifically, the barricade shall have a distance of 2” or less between the bottom of barricade and walking surface, to accommodate visually-impaired pedestrians using a cane. Materials Detectable Pedestrian Barricade shall be a SafetyWall® ADA-Compliant Pedestrian Barricade, SW-36740, or equivalent as determined by the Engineer. Construction Requirements Applicable construction requirements of 801.07 shall apply. Method of Measurement Detectable Pedestrian Barricade will be measured by the number of linear feet installed. Basis of Payment The accepted quantity of Detectable Pedestrian Barricade will be paid for at the contract unit price per linear foot. 97 Payment will be made under: Pay Item Pay Unit Symbol Detectable Pedestrian Barricade .................................................... LFT The cost of placing, moving, and removing the barricade, along with any necessary incidentals shall be included in the cost of the pay item. END OF TECHNICAL SPECIFICATIONS Right-of-Entries Communication Joint Bore © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS A/CA/CA/CA/C MONLDLDLDLD LD LD LD LD H H H H EM EM EM EME GM PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST IPn MB MB MB MAG MAG MAG MAG MAG MAG MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MONWWWWWWWWWWWWWWW PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST RB-0 RB-0TTTT T H H H H H H H H H CC-TRCC WM WM WV WV WV WV WV WV WV WV WV WV WV WV MON WV PPST FFE PPST GM GM RB-0 MBFFE FFE FFE FFE PPST PPST PPST PPST MB PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST MB WV PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPSTFFE PPST CC-TRT H WVC WV HT H MON EM WV FFE FFE PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST TT EM MON MON PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST EM EM EM EM GM PPST PPST GM GMFFEA/CFFE PPSTTF EMFFE EM EM EM EM PPST MON RB-0TF FFEFFE PPST PPST GM MONCTF PPST EM EM EM EM EM EM EM EMFFE PPST WV RB-0 RB-0 MAG MAG MAG MAG RB-0PZZZPZZZ PZZZPZZZPZZZPZZZPZZZ H H H H H H H MON H PPST PPST T WV PPST PPST PPST PPSTLD HC WV T C WMPZZZPZZZA/CT MON MON MON PPST MON MON PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST WV WV WV H H H H HT MON H H FP H H H H PPST PPST TRT H WV WV WV WV836.0848344BRKZAYOWSTRM TCA LUMEN ZAYO ZAYO WSTRM A/CA/CA/CA/C MONLDLDLDLD LD LD LD LD H H H H EM EM EM EME GM PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST IPn MB MB MB MAG MAG MAG MAG MAG MAG MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MONWWWWWWWWWWWWWWW PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST RB-0 RB-0TTTT T H H H H H H H H H CC-TRCC WM WM WV WV WV WV WV WV WV WV WV WV WV WV MON WV PPST FFE PPST GM GM RB-0 MBFFE FFE FFE FFE PPST PPST PPST PPST MB PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST MB WV PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPSTFFE PPST CC-TRT H WVC WV HT H MON EM WV FFE FFE PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST TT EM MON MON PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST EM EM EM EM GM PPST PPST GM GMFFEA/CFFE PPSTTF EMFFE EM EM EM EM PPST MON RB-0TF FFEFFE PPST PPST GM MONCTF PPST EM EM EM EM EM EM EM EMFFE PPST WV RB-0 RB-0 MAG MAG MAG MAG RB-0PZZZPZZZ PZZZPZZZPZZZPZZZPZZZ H H H H H H H MON H PPST PPST T WV PPST PPST PPST PPSTLD HC WV T C WMPZZZPZZZA/CT MON MON MON PPST MON MON PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST WV WV WV H H H H HT MON H H FP H H H H PPST PPST TRT H WV WV WV WV836.0848344BRKZAYOWSTRM TCA LUMENZAYO WSTRM COMCAST 15' D.U .& S.E.15' D.U.& S .E .Vari. WidthD.U.& S.E.App Exist RWVari. WidthD.U.& S.E.ZAYO LD MON W PPST RB-0 H H H CC-TR WV HTCALUMENZAYOCOMCASTEVSTRMLD MON W PPST RB-0 H H H CC-TR WV HCOMCASTTCA LUMENEVSTRMZAYO© 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom Right of Way Management Agencies1EEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:STATE:MUNICIPALITY:COUNTY:TOWNSHIP:Site ContactProject ManagerProject ContactsContact the Project Managerfor Site Contact InformationProject Name:2.3.4.5.Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:Engineer ContactScope of Work Description:SheetofEllis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeContractor #:1 13XXXXStateDescriptionXXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°Project # / NameClientIMP #AddressCity or Town,StateCity or TownCountyMunicipalityOther © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS WSTRMWSTRM15' D.U.& S.E.15' D.U.& S.E.Vari. WidthD.U.& S.E.App Exist RWVari. WidthD.U.& S.E.EEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET2 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°Windstream HHWindstream 3-1.25 HDPE © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS ZAYO1'ZAYOEEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET3 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°Zayo 2-1.25 HDPE5-1.25" HDPE-Windstream 3-1.25" HDPE-Zayo 2-1.25 HDPEZayo HH © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS MB MONZAYOWSTRM MB MONZAYOWSTRMEEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET4 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°5-1.25" HDPE-Windstream 3-1.25" HDPE-Zayo 2-1.25 HDPE5-1.25" HDPE-Windstream 3-1.25" HDPE-Zayo 2-1.25 HDPEZayo HHWindstream HH © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) D istribution A irbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) D istribution A irbus DS A/CA/CA/CA/C MONLDLDLDLD EM EM EM EME GM PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST MB MAG MAG MAG MON MON MON MON MON MON MONWWWWWWWWWWWWWWW PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST RB-0TTT H H H H H HC WV WV WV WVFFEFFE PPST PPST PPST PPST MB PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPSTFFE PPST CC-TRT H WVC WV HT H MON EM WVFFEFFE PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPSTTT EM MON PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST EM EM EM EM GM PPST PPST GM GMFFEA/C PPST EM WV RB-0 MAG MAG RB-0PZZZ H H HTZAYOA/CA/CA/CA/C MONLDLDLDLD EM EM EM EME GM PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST MB MAG MAG MAG MON MON MON MON MON MON MONWWWWWWWWWWWWWWW PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST RB-0TTT H H H H H HC WV WV WV WVFFEFFE PPST PPST PPST PPST MB PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPSTFFE PPST CC-TRT H WVC WV HT H MON EM WVFFEFFE PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPSTTT EM MON PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST EM EM EM EM GM PPST PPST GM GMFFEA/C PPST EM WV RB-0 MAG MAG RB-0PZZZ H H HTZAYOLD MONW PPST RB-0 H H H CC-TR WV HTCALUMENZAYOCOMCASTEVSTRMLD MONW PPST RB-0 H H H CC-TR WV HCOMCASTTCALUMENEVSTRMZAYOEEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET5 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°5-1.25" HDPE-Windstream 3-1.25" HDPE-Zayo 2-1.25 HDPEZayo HHexistingZayo 2-1.25 HDPE7-1.25" HDPE-Windstream 3-1.25" HDPE-Zayo 4-1.25 HDPELumen 2-1.25 HDPEExistingPole6-1.25" HDPE1-2" HDPE-TCA 3-1.25" HDPE-Lumen 3-1.25 HDPE-Everstream 1-2" HDPE6-1.25" HDPE3-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Lumen 2-1.25" HDPE-Comcast 2-2" HDPE-Everstream 1-2" HDPE2-1.25" HDPE-TCA 2-1.25" HDPE9-1.25" HDPE-Windstream 3-1.25" HDPE-Zayo 4-1.25 HDPE-Lumen 2-1.25 HDPE4-1.25" HDPE1-2" HDPE-Windstream 2-1.25" HDPE-Zayo 2-1.25 HDPE-Everstream 1-2" HDPE2-2" HDPE-Everstream 1-2" HDPE4-1.25" HDPE-Windstream 2-1.25" HDPE-Zayo 2-1.25 HDPE4-1.25" HDPE3-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Lumen 2-1.25" HDPE-Comcast 2-2" HDPE-Everstream 1-2" HDPE4-1.25" HDPE-TCA 4-1.25" HDPE2-1.25" HDPE-TCA 2-1.25" HDPE8-1.25" HDPE3-2" HDPE-TCA 4-1.25" HDPE-Zayo 2-1.25" HDPE-Lumen 2-1.25" HDPE-Comcast 2-2" HDPE-Everstream 1-2" HDPE6-1.25" HDPE3-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Lumen 2-1.25" HDPE-Comcast 2-2" HDPE-Everstream 1-2" HDPETCA HHCRITICAL DEPTH CALLOUTDepth from Surface - 72" Min.Elevation - 813'CRITICAL DEPTH CALLOUTDepth from Surface - 72" Min.Elevation - 812.50' © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS MB MAG MAG MON MON MON MON RB-0 MON WV PPSTFFE PPST GM GM RB-0 MBFFEFFE PPST MB PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST MB WV MONFFEA/CFFETF EMFFE EM EM EM EM PPST MON RB-0TFFFEFFE PPST PPST GM MONCTF PPST EM EM EM EM EM EM EM EMFFE PPST MAG MAG HA/C PPST PPST PPST MB MAG MAG MON MON MON MON RB-0 MON WV PPSTFFE PPST GM GM RB-0 MBFFEFFE PPST MB PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST MB WV MONFFEA/CFFETF EMFFE EM EM EM EM PPST MON RB-0TFFFEFFE PPST PPST GM MONCTF PPST EM EM EM EM EM EM EM EMFFE PPST MAG MAG HA/C PPST PPST PPST5'5'5'EEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET6 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°6-1.25" HDPE3-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Lumen 2-1.25" HDPE-Comcast 2-2" HDPE-Everstream 1-2" HDPECRITICAL DEPTH CALLOUTDepth from Creek Bed - 72" Min. © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS COMCAST10'33'8'EEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET7 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°6-1.25" HDPE3-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Lumen 2-1.25" HDPE-Comcast 2-2" HDPE-Everstream 1-2" HDPE6-1.25" HDPE1-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Lumen 2-1.25" HDPE-Everstream 1-2" HDPE2-2" HDPE-Comcast 2-2" HDPEComcast HHexisting © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS LUMEN 9'5'32'6'EEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET8 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°6-1.25" HDPE1-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Lumen 2-1.25" HDPE-Everstream 1-2" HDPE2-1.25" HDPE-Lumen 2-1.25" HDPE4-1.25" HDPE1-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Everstream 1-2" HDPELumen HHexisting © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS ZAYOZAYOTCATCA4'32'6'4'5'3'EEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET9 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°4-1.25" HDPE1-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Everstream 1-2" HDPE2-1.25" HDPE-Zayo 2-1.25" HDPE2-1.25" HDPE1-2" HDPE-TCA 2-1.25" HDPE-Everstream 1-2" HDPEZayo HHexistingTCA HHexisting © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS LDLDLD H H H H PPST PPST PPST PPST PPST PPST MAG MON MON MON MON PPST PPST PPST PPSTTT H H CC-TRC WM WM WV WV RB-0PZZZPZZZ H MON MON MON PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPSTLDLDLD H H H H PPST PPST PPST PPST PPST PPST MAG MON MON MON MON PPST PPST PPST PPSTTT H H CC-TRC WM WM WV WV RB-0PZZZPZZZ H MON MON MON PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST PPST19'5'18'4'18'13'11'18'13'EEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET10 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°6-1.25" HDPE1-2" HDPE-TCA 3-1.25" HDPE-Lumen 3-1.25 HDPE-Everstream 1-2" HDPEIn this locationPlace newduct approximately 2' westof right of way line.Existing strain polebase. New duct to beplaced approximately4 to 5' east of strainpole base. © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS LDLD PPST PPST PPST H WV WV WV WV WV WVPZZZPZZZPZZZPZZZ H H H PPST PPSTT WV PPST PPST PPST PPSTLD HC WVPZZZPZZZ MON PPST MON MON836.0848344BRK LDLD PPST PPST PPST H WV WV WV WV WV WVPZZZPZZZPZZZPZZZ H H H PPST PPSTT WV PPST PPST PPST PPSTLD HC WVPZZZPZZZ MON PPST MON MON836.0848344BRK 9'10'9'8'8'8'EEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET11 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°6-1.25" HDPE1-2" HDPE-TCA 3-1.25" HDPE-Lumen 3-1.25 HDPE-Everstream 1-2" HDPECRITICAL DEPTH CALLOUTDepth from Surface - 96" Min.Elevation - 819' © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS MONTC WMT MON H H FP H HTCA LUMEN MONTC WMT MON H H FP H HTCA LUMEN 13'13'12'13'25'EEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET12 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°6-1.25" HDPE1-2" HDPE-TCA 3-1.25" HDPE-Lumen 3-1.25 HDPE-Everstream 1-2" HDPE3-1.25" HDPE-Lumen 3-1.25 HDPE3-1.25" HDPE-TCA 3-1.25" HDPE TCALUMENZAYOCOMCASTEVSTRMCOMCASTTCALUMENEVSTRMZAYOEEG Job #Date:Engineered By:Drawn By:As-Built By:Client Job #:Date:Date:Lat:Long:Site Location:Ellis Engineering Group3921 Clarks Creek RdPlainfield, IN 46168(317) 406-3047 - officeDesigned ByDES #:SheetofPROJECT SHEET13 13XXXXXXXXXXXXXXXXXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXXXXX116th and RangelineRd CorridorXX XX'XX.XX"WXX XX'XX.XX"N°°6-1.25" HDPE3-2" HDPE-TCA 2-1.25" HDPE-Zayo 2-1.25" HDPE-Lumen 2-1.25" HDPE-Comcast 2-2" HDPE-Everstream 1-2" HDPE4-1.25" HDPE1-2" HDPE-Windstream 2-1.25" HDPE-Zayo 2-1.25 HDPE-Everstream 1-2" HDPELINETYPE LEGENDEVERSTREAM DUCTTCA DUCTLEVEL 3 DUCTWINDSTREAM DUCTZAYO DUCTCOMCAST DUCT8-1.25" HDPE-Windstream 2-1.25" HDPE-Zayo 4-1.25 HDPE-Lumen 2-1.25 HDPE22222242-2"1-2"21-2"1-2"1-2"2 22