Project manual including specifications for rehabilitation of the Prescott Park Seawall, Prescott Park, Portsmouth, New Hampshire / [prepared] for the City of Portsmouth, New Hampshire ; prepared by Kimball Chase Company, Inc

[From the U.S. Government Printing Office, www.gpo.gov]

PROJECT MANUAL

FOR

REHABILITATION

OF THE

PRESCOTT PARK

SEAWALL

PREPARED FOR
City of Portsmouth
New Hampshire

Funding for this Project Manual and plans has been
provided by a grant from the NH Coastal Program.

PREPARED BY
Kimball Chase Company, Inc.
40 Bridge Street
Portsmouth, New Hampshire
I'VV
FEBRUARY 1986

PROJECT MANUAL

Including Specifications for

REHABILITATION OF THE PRESCOTT PARK SEAWALL

Prescott Park

Portsmouth, New Hampshire

for the

b $0EPARTMENT OF COMMERCE r4y of Portsmouth, New Hampshire
I OJS~' L SERV 'CES CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON, SC 29405-2413 o
Property of c~c Libraryj

Prepared By

KIMBALL CHASE COMPANY, INC.
40 Bridge Street
Portsmouth, New Hampshire 03801
(603) 431-2520

Engineer's Job No. 85-1227

Date of Issue: March 19, 1986

"The New Hampshire Coastal Program provided a grant to the City of Portsmouth
for the preparation of this Project Manual and plans, which was financed in
part by the Coastal Zone Management Act of 1972, as amended, administered by
the Office of Ocean and Coastal Resources Management, National Oceanic and
Atmospheric Administration"

TABLE OF CONTENTS

TITLE

Division 0 - Bidding & Contract Requirements

00010 Invitation to Bid
00015 Instruction to Bidders
00020 Rehabilitation of Prescott Park Seawall
00022 Proposal
00025 Experience Statement
00030 Notice of Award
00040 Notice to Proceed
001C0 Standard Form of Agreement Between Owner and Contractor
(NSPE Form 1910-8-A-1)
00110 Performance Bond
00120 Labor and Material Payment Bond
00200 Contractor's Affidavit
00210 Contractor's Release
00300 Change Order
00400 Certificate of Substantial Completion
00500 Standard General Conditions of the Construction Contract
(NSPE Form 1910-8)
00510 Supplementary Conditions/Federal Requirements

Division 1 - General Requirements

01010 Summary of Work
01050 Special Attention
01070 Abbreviations and Symbols
01150 Measurement and Payment
01310 Construction Schedules
01510 Temporary Utilities
01630 Substitutions and Product Options
01710 Project Cleaning
01720 Project Record Documents

Division 2 - Site Work

02201 Excavation, Filling, and Grading
02223 Trench Excavation - Earth
02401 Dewatering
02648 Lawns
02653 Filter Fabric
02660 Erosion Control
02694 Footing Drains
02701 Sidewalks - Brick
02901 Granite Blocks

Division3

03000 Concrete
03300 Cast-in-Place Concrete
03380 Cement Mortar

Divisions 4 - 16 -Not Used

SECTION 00010

INVITATION TO BID

3 ~~~~~~~~City of Portsmouth, New Hampshire

3 ~~~Sealed proposals will be received at the office of Purchasing Agent, 126
Daniel Street, Portsmouth, New Hampshire 03801, before or at _____p.m. on
the day of , for the following described
project.

I ~ ~~~~~~REHABILITATION OF THE PRESCOTT PARK SEAWALL

Plans and Specifications may be obtained at the office of Planning Department,
126 Daniel Street, Portsmouth, New Hampshire upon payment of $25.00 which will
not be refunded. Plans and Specifications will be mailed upon receipt of an
additional $10.00 to cover postage and handling.

Plans may be reviewed at the following locations:

1. Office of Kimball Chase Company, Inc., 40 Bridge Street, Portsmouth,
New Hampshire 03801.
2. Office of Planning Department, City of Portsmouth, 126 Daniel
Street, Portsmouth, New Hampshire 03801.
I ~ ~~~3. Office of Dodge Reports, 114 Bay Street, Manchester, New Hampshire
03101.
4. Office of Associated General Contractors, Fort Eddy Road, Concord,
New Hampshire 03301.

The successful bidder will be required to furnish a bid bond in the amount of
5% of the total bid, a performance bond in the amount of 100% of the Contract
I ~ ~~Price and a Labor and Material Bond, also in the amount of 100% of the
Contract Price.

Attention is called to the fact that not less than the minimum salaries and
U ~ ~~wages as set forth in the Federal Wage rates contained in the Contract
Documents (said rates are subject to change) must be paid on this project, and
that the Contractor must insure that employees and applicants for employment
I ~ ~~are not discriminated against because of their race, color, religion, sex, or
national origin.
The City of Portsmouth reserves the right to reject any or all bids, to accept
any bid, to waive any informality on bids received, and to omit and/or alter
any item or items deemed advisable for the best interest of the City. Bids
I ~ ~~ay be held by the City of Portsmouth, for a period not to exceed thirty (30)
days from the bid opening date for the purposes of reviewing the bids and
investigating the qualifications of bidder, prior to awarding the contract.

3 ~~~This project will be funded by the Federal Government and, as such, the
successful Bidder must comply with all Federal regulations. Failure to do
so will result in termination of the Contract.

SECTION 00015

This document has important legal consequences; consultation with an attorney is encouraged with respect
to its completion or modification.

STANDARD FORM

INSTRUCTIONS TO BIDDERS

Join tOy Issued by

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A practice division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
and by
AMERICAN CONSULTING ENGINEERS COUNCIL
and by
CONSTRUCTION SPECIFICATIONS INSTITUTE

1978, NAIIUNAL SOCILTN OF PROFESSIONAL ENGINLIR9
2029 K STREET, N.~W., UWASHINGTON, D.C. 20006
AMF RI( AN CoNt Li ING ENGINEFRS COL( II
1015 I1 H Sir I I 1. N W.. WASHINGION. D.C. 2000)
CONSTRL'C( I()N SPI (IFICATIONS INSTITU'TI
1150 17TH STREIT, N.W., WASHINGTON, D.C. 20036

These Instructions to Bidders have been prepared for use with the Owner-Contractor Agreements (NSPE-ACEC Docu-
ment 1910-8-A-1 Ior 1910. -A-2; CS1 56467. 56468, 1978 editions) and with the Standard General Conditions of the Con-
siruction Contract (NSI'L-ACEC Document 1910-8; CSI 56474, 1978 edition). Their proisions are interrelated and a
change in one ma} nccessitate a change in the others. Comments concerning their uage are contained in the Commentary
to the Documents. NSPE-ACEC 1910-9, 1978 edition.

NSPE-ACEC 1910 12 t197lk diiion)
CSI 56466

1. Wietned lerms%. 4.3. Onl request Ownter will provide each .Bidder access IC)
Terms used in ~~~~~~~~~~~thes Intrcton to Bidr hc r eie hSI 0conduct Such in'.estigations and tests as each Bid-
Term, sed inlhc~vlivortc~ons -o Biders hc r eie der ~enis neccesarN for submission of his Bid.
in the Standard Uenet al Conditions of the Construction Con-5
tract, NSP[L-ACI-C Document 1910t-9. CSl 56465 (1978 edi- 4.4. The lands uipon %,.hicli the Wsork is to he performed.
tionN) hac [ tic meanings, assigned to, t hem in the General C'on- riielt-of-msas el forccc' thereto and oother land, designated
di on, 1 he term -StiSccessful Bidder'' means, the lcsetvct for use hN (Cont rator in per for iniig t]he Work are ident nfied
qualtified. responsible Bidder to %N horm Owner (on the basis of iln the Su pplemenrtat Conditions. GeneIral Requircments Or
OC nets~ csaltiationt a, hereinafter provided) makes an assard. IDra-wings.I

4.5. Thec sulmntissiott of' a Bid is ill eons: it ut anl iflontro-
2. (opies of BiddinI4 D~ocurners. vetiible representation b% the Bidder that he has complied
2.1. ('niplcicct, vtthe Biding Docnicnijil th es-mniCryT requirenierit of' thi,, Article 4 and that the
2.1 (omicieset'ot te Bidingl~ocmeirs inthe ur~- ContactDocument, are sufficient in scope and detail to
b(- IInd lot tIhe depo1it 'itni. II ans stated itt the, Adierrtise. indicate and eons e' under-standitte of all iterms and condi-
metl or Ins tationt tti.1. hi obut.ink-d iroill Fniineel (unless tions for performnuce of the Wsork'
a noiltci i ssi;ne office is desigitated in ithe Adsernisment oar
in tat ott tIt Bid) The dlep,-itis kill be refunded to Bidder-s 5. Interpretations.
niet, iinsitt a ood coiditor is thnd rtir n ifi alBi ueinin: fot All quest ion, a ho-ot the meanine ot iniert of the Contract
Bids. dais' l~~~~~~~~~~~ocumnti ,t shall be stibititnes it, f-t~iciser in %,sritinp Replies
Bids ~~~~~~~~~~~~~~~will be issuted b~ Addenda lmailet rdlsed d oalparties re-
2 2.Complete set, ot B1I&II: ti ouet hall be used in corded bN Engineer a', has ing received the Bidding Docu-
preparing Bids; neither Ossner nor Enrineer assume arny re- mients. Questions, receised less than ten days, prior to the date
sponsibhiir for errors or misinterpreataions resulting from for opening of MNd will not be ansssered. bnl% questions an-
the use of inrlomrplete sets of Bidding Documents. sisered b% formal ssritten Addenda will be binding. Oral and
2.3. 0%tner and Engineer in making opies iddn ter interpretations, or clarifications msill be isithout legal
Documents, available on the abose terms do so only. for the
purpose of obtaining Bids on the Wsork and do not confer a 6. Bid Securit).
license or grant for anN other use.3
6. 1. Bid Security shall he made payable to Om ner, in an
3.QaiiainofBdes amount of five percent of the Bidder', maximum Bid price
Qualifications of Bidders. ~~and in the form of a certified or bank check or a Bid Bond
To demonstrate qualifications to perform the Work, each (on form attached. if a form is prescribed) issued by a Surety
Bidder must he prepared to submit within five days of Own- meeting the requirements of paragraph 5.1 of the Genea
er's request written e% idence of the types set forth in the Sup- Conditions.U
plementary Conditions, such as financial data, prev-ious expe- 6.2 The Bid Securit- of the Successful Bidder ssill be re-
rience and e,,idenze of authoritv to conduct business in the-
ss hre he rojct i loate. Ech Bd mst on- tained until such Bidder has executed the Agreement and 3
jurisdiction furnihe the Prectuired loctactSecuit. Eahsid heruso t wion-
lain esidence of Bidder's qualification to do business in the fu.se teeqidCoratSur. %N heeuo i-
stale ishere the Project is located or covenant to obtain such be returned ,if the succesatul Bidder fail' to esecute and de-
qualifiation pior to %~ard o t h e cotract.liser the Arecemenit and furnish thle required C ontlract Secu-
qualification prior to assard of the contract.rits, i it hinl 15 dat. s ci the Notice oi Ass ard. 0ss ner ntaN a n-
nul ilic Noti.ce o1 -\ssard and thec Bid Sx:curits of that Biddelr
4. Examination of Contract Documents and Site. will be forfeited. The Bid Seenrits ot arts Bidder mshorn
Oss ner belies Cs to hat N I a ruastitiable clanic ot rceising the
4.1 Before s-ubrniitinc a Bid. each Bidder must (a) exam- a\sard nma% be retained bx Own ter until thec varlier ol the Se%-
inc the Contract Documents, thoroughly. (b) visit the site to enth daN after the "effectise date ot the -\reci'(which
fami hiari,-e hims~elf msith local conditionis that ma~ in an~ I Cr IIIi, de fi neid i I I hei (IuC I I alI (oidit nios b0N Os niet Io Con-
manner affect Coll, progress Or performance of the 'Work, tractor and the required ( ontract 'IeUrits is luriwihed or
let~ familiar ic hirntcit si ii h federal, starte and local la,.ks. thle sid frtdas jJL it c I la,, 11It.1iii- NOi 'SCUrits ot
ordinances -rurle and reeulat ions. that maN in any manner oilier Bidders wsill be ret U riled kIs In lIt sit L ii~ da% , ot Itic Bd 3I
affeci cost, progress or performance of the WVork; and (dl opcititie
slud% and 5arefull% corrclate 13.ddcrs~ ,oservations vmith the
Contract Document- 7. Contract Time.
4 2 Rcicer-nc i, niade ii the ',u-p1L-rnniar% Conditions The number of days ssithin ishich. or the dat % mhishch. the
lorthle idenitifi,,j; or; of those reports, of ins estigations and Nkmiir i to be completed fihic( otirraci T ne'stforth inthe
tssof subsurface atid latent physical conditions at the Site Bid Form and isill be iti~uded tii the Agreement.
or othierwise affec~tinL, costI, progress~ or performance of the
Vsork which hase been relied upon by Engineer in preparing 8. Liquidated D~amages.3
the Draw.ings and Spet-itications. Omsner mill: make copies of Provisions for liquidated damnages. if any. are set forth in the
such reportsr asailablc to any Bidder requesting them. These Agreement.
reportsr are not guaranteed at, to accuracy or completeness,
nor are they part of the Contract Documents. Before sub- 9. Substitute Material and Equipment.
mitting his, Bid ceh Bidder msill, at his own expense. make -
suc~h additional investigatiirtis and tssas the Bidder maN The C ontract, if awarded, isill be on the basis, of material and I
deern ne:cessarN to determine his Bid for pertormanCe Of the equipment described in the Draw--ings- or specified in the Speci-
Work in accordance is ith the time, price and other terms and fications without consideration of possible substitute or 'or-
conditions iot the C ontrati Dt liurneriiNs. equal" filtts. Whenever it is, indicated in the Drawings or

2-i

speicificd it) the Specifications, that a substitute or "or-equal'' under the signature and the official addres of the Partner-
iteit of titater itt or equipment may be furnished or used by ship mus;t be shoss n beloss the signaturc:
Colit, actot if acceptable it) [tiginveer, application for such B- 1.5Alnace uth ye rpitdblv h in-
cep-tanice will not be consideted by [tigineer until after the 1.. Al naIe muth ypdo rntdblstesga
effct e ateofthe Apreement ". The procccdur for submit. -ie
til of att such applicatlion lrt Conmti ator and considerati~on II .6. The Bid shallt contain an ad.lnossledgment of receipt
I ~ ~~~b\ ['IttI L'c1 is set forth in paragaraphs 6.7, 6.7.1 and 6.7.2 of of all Addenda (the ttunbers of which shall be filled in on
h .ie il (I otcidif C ontt'o sshich mas be supplemented in the the Bid Form).
I 1.7. The address it) ms ich communications, regarding the
I lit~~~1. Suhciinlraviicsrs e~c. Bid are to be directed must bc show n.
I f. I . It the StIpplelIICiUetta ConditiOtis requirei the identit'. 12. Submission of Bids.
tit certain suktti llact1or' aiid othier persons' anid organiza-
ioiiis to be: stibtititc teio ()ssncr in ads ance of the Notice of Bids. shall be submitted at the time and place indicated in the
U a~~~~-xiid, lie atpxitett Stii~ cc-' ii Biddc; . and tins\ other Ins itation to Bidland shall bc included in an opaque sealed en-
Dxfdie so rLIi'd.sill ssit bitt scs n davs al icr the daN of %elope, marked msith the Project title and name and address ol
ft h,: id operitiliv akilsi[tit, Mto l Is itic li-i of all Stibcont ract ors the Bidder and accompanied t\ thc Bid SecurTy1 and other re-
Fij "0cl pclt n ~iiii,ti or viti/alion, htttlll.fiine those ssho quired doctinienis. If the Bid is etilt throUglt the mail or tither
UTf 1 W11s11 Ilie PrI1i'J ici alitem of inaietrial and equipment t dealsers system the sealed eveclopeshall be enclo-ed in a sepa-
p:ky"o'Lf-do t0 fthc'ept t11oil', of the Mork as' to ss hich suche rate ens. el ope mmith the notatiotn "BlD 1)r*NC OSED" on the
IdeitIItIIIa t ott is 'I0 r equired Stich lvis shall he accompanied face ther eof.
1,s aim c\flciitien: Ntatemlent xsit h pertitnent itiformaltion as~ to
I s~~~~~inmila rproject and other evidence (if qualification for each 13. Modification and 'A ithdraA al of Bids.
such1 Subconitttacor. person and organization if requested by 31 i, a emdfe rmlirm ya prpi
ss net:. If Ossner or E'rteineer after due insestig-acion has ate1 Bdocmn ma'U be modifed (in wthedrasnn by anBi muspt-
reasottable. to atese Sdbocmnt uraceudittomanr, oht hBerus
'~ctilott an% prooe Sucnrcoohr b-sctd n eiered to t he place where Bids are to be
persn o orea ii ar in. it er iasbefoe gvin th Noice submitted at any time prior to the opening of Bids.
I ~ ~~~(it \ssard request the apparent Succe-sful Bidder to submit
an acceptable: subtitute ssithour all increase in Bid price. If 13~.2. If, witihin tssenty-four hours after Bids are opened,
the apparent Sucxcssful Bidder declines to make any such any Bidder files a dul\y signed written notice with Owner and
substitution. the contract shall not be awarded to such Bid- promptly thereafter demonstrates to the reasonable satisfac-
der, but his declining to make any such substitution will not tion of Owner that there was a material and substantial mis-
constitute grounds for sacrificing'his Bid Security. Any Sub- take in the preparation of his Bid, that Bidder may withdrass
contractor, other person or organization so listed and to hi,, Bid and the Bid Securirs mill be returned. T'hereafter.
sshom 0\sner or Engineer does not make ssritten objection that Bidder ssill be disqualified from further bidding on the
prior to the uisnu of the Notice of Avsardmsill becdeemed ac- Work.
Ceprable lo OssN ner and Engineer.
1(1.2. Ini cotruacts- mshere the Contract Price is on the basis 14. Opening of Bids.
of IC(-iost-the-Wuork Plus a fee, the apparent Successful
Bidde& pirt h oieo sad hl dnisi srt (Cross, out inapplicable ssord) Bids will be opened (publicly)
itig to Oss tiwt those portions of tfte \s\ ork liar such Bidder (piatl
proposes to subcontract anid al'ter the Notice of Assard may 41NhnBd r pndpbil hys l edaod
otul% subcontract other portons of the Work ssith Ossnrers an nasrato h amountsd of the bas Bi' anmjo
\sTIiteTI c:Dtt'ett alternates, (if anN ) ssill be made asailablc after the opening of
I(1.3~. No ( ontract or shall be: tequitied ito emplo\ any Sub- Did'
fia rasi tal'J1T 11 hmh 42 object Bidit a openWd i anel ab'tract of the
has Teitloll,'thil! ~ ~ ~ ~ ~ ~ ~ arsam information %s il (not) f b madc'as atlable to Bidder,
II. Bid -i rm
I I. 1' hic Bid I itl tI i' aria5liled Icieto-. addiltional COPiR-s 15. Bid,, 14) Remain Ope-n.
10 b bititied ton Ltwiiiei All B~id, shall remain OPenI for sods1 dass altert the daN of iht
I Dx I uit' itlit be~onilete ittml o by ~pe. Bid openintV, but (Ws ncr miiy . in hts sole. discretion, frelst
I 12, 3;JI etal, llk~lhe oniit.ILI.1ill]Il O bi tye- any Bid arid return the Bid Tco iloIOthasae
S~tIIC -i lit Bid priket eail C'0tent Oil tfIL It'111 Iitius he stated ptirI'iadte
ss \itds :ttuld tiMiiritet1. Ili s,ise Of .iifi~t L01111 % Itd, " ill take 16. Am ard of (ontradi.
PI c'x~~~~~~lelict'. ~~~~~~16.1 . Ossner resers.es thic right tio refect tiny and all Bids, 1(
I 1 3. lead, by cot it-itott'iii its be sctitci,: in lie cor- msaise ainy and all tn fonrna~lt es attd to ticegottate con! rae
porate tiatric h 11 stlipreident (if a t:Ce-prcsidcrtt (of other tertits %%i tt it h Sti,,:essfitl Bidder - and the rih gto 1( isregar(
0111, ale iiiti atiinipaimid bsesdcio authority tlo all nonconfornitni. norinresponsise or conditional Bids. DIN
s"gitI atid liet Qoiiporate seall tituis be atttsed atid attested hs ci epaticies cs hemcc ssord, and figures ssill be resolved it
11,ses teliat s oi at) aissrtam itt etetar\ . I lie corporate ad- fas(it of msord,. Dl~icrepancies bctssectu thlie indic~ated sumn o
the partner- resuIlsed itt favor (it tlhe corurect sunli.
I 3Bd %prnrhpim eceic nteprnr 16.2. itt es aluatting: Bids. Oss ier shall consider the quali hr
I~ ~ ~~~~) sf ntu faulte atidinced b% a partttet . 'Ahose, trc irrtl appear caiitios oif the Biddlers. ssh fietit rir nor the Bids comply s miti

the prescribed requirements, and alternates and unit prices if 17. Performance and Other Bonds.
requested in the Bid forms. It is Owner's intent to accept al-
lernates (if anys are accepted) in the order inn which the% arc Paragraph 5.1 of the General Conditions and the Supplemen-
listed in the Bid form but Oncer may accept them in any tary Conditions set forth Owner's rcquiremets% as to per-
~order or comn~bination. ~formance and other Bonds. When the Successful Bidder
delivers the executed Agreement to Owner it shall be accom-
16.3. Ounet may consider the qualification, and experi- panied by the required Contract Security.
encc of Subcontractors and other persons and organizaltions 1. Signing (if Agreement.
(incliudiln tlirosc , ho are to furnis`h the principal item of
nmaterial or equipment) proposed for tho.se portions of tlie W'hen Ouner gives a Notice of Award to the Successful Bid-
WVork az to which the idenliti oi Subcontractors and other der. itl ill be accompanied by at least three unsigned counter-
pcrTSon and orlanizartiol nmut he submitted as provided in parts of the Agreement and all other Contract Documents.
ithc Supplernltars Conditions. Operating costs, main- Within fifteen days thereafter Contractor shall sign and de-
terancc con'iderainor,. performance data and guarantees of liver at least three counterpart, of the Agreement to Owner
materials and equipment many also be considered by Ou nter. usith al: olter Contract Documents attached. 'ithin ten days
thereafter O()ner will deliver all fulls signed counterparts to
16 4. .) nrer ma? conduct such insetigarions ac he deemns C('otractor. ngineer , ill identify those portions of the Con-
necciarx to assist in the esalualion of anr, Bid and to estab- tract Documentl not full\ signed by Owner and Contractor
1Ihl the resCponsibilr . quahlitcadions and financial ability ot and such idcnlification shall be hindinc on all parties.
the Bidders. proposed Subcontractors and other persons and
organizatiols to do the Work in accordance uith the Con- 19. Special I.egal Requirements.
tract Documents to Ouner's satisfaction Aithin the prc- linsert provisions as applicable re
(a) slatemelrts required by federal. state or local lan% or regulation or
16.5. c O, ner reserves the right to reject the Bid of any Bid- funding agenc! or appropriate reference thereto:
der vho does not pass any such evaluation to Ou ner's satis- (h) Bid pricing requirements on base bid alternatives. cash allou-
faction. I ances (see paragraph 11.10 of General Conditions). unit prices and
acceptable combinations;:
16.6. If the contract is to be awarded it will be awarded to
the losest Bidder whose exaluation by Ossner indicates
order to Contractor:
to Owner that the assard uill be in the best interests of the
Project. (d) Owner's special tax exemption:
(e) detailed description of 'ork with cross-reference to General
16.7. If the contract is to be as arded. Ousner will give the Requirements; and
Successful Bidder a Notice of Award ithin sixty days after (f division of W'ork into separate parts %%ith cross-reference to Gen-
the day of the Bid opening. eral Requirements.l

SECTION 00020

REHABILITATION OF THE PRESCOTT PARK SEAWALL

To the City of Portsmouth, herein called the Owner, for the Rehabilitation of
the Prescott Park Seawall at Prescott Park, Portsmouth, New Hampshire.

The Undersigned, as Bidder, herein referred to as singular and masculine,
declares as follows:

(1) The only parties interested in the BID as Principals are named
herein;

(2) this BID is made without collusion with any other person, firm, or
corporation;

(3) no officer, agent, or employee of the Owner is directly or
indirectly interested in this BID;

(4) he has carefully examined the site of the proposed work and fully
informed and satisfied himself as to the conditions therv existing,
the character and requirements of the proposed Work, the difficul-
ties attendant upon its execution and the accuracy of all estimated
quantities stated in this BID, and he has carefully read and exam-
ined the Drawings, the annexed proposed AGREEMENT and the Specifi-
cations and other Contract Documents therein referred to and knows
and understands the terms and provisions thereof;

(5) he understands that information relative to subsurface and other
conditions, natural phenomena, existing pipes and other structures
(surface and/or subsurface) has been furnished only for his informa=
tion and convenience without any warranty or guarantee, expressed or
implied, that the subsurface and/or other conditions, natural pheno-
mena, existing pipes and other structures (surface and/or subsur-
face) actually encountered will be the same as those shown on the
Drawings or in any of the other Contract Documents and he agrees
that he shall not use or be entitled to use such information made
available to him through the Contract Documents or otherwise ob-
tained by him in his own examination of the site, as a basis of or
ground for any claim against the Owner or Engineer arising from or
by reasons of any variance which may exist between the aforesaid
information made available to or acquired by him and the subsurface
and/or other conditions, natural phenomena, existing pipes and other
structures (surface and/or subsurface) actually encountered during
the construction work, and he has made due allowance therefore in
the BID;

(6) he understands that all reports of investigations and tests of
subsurface and latent physical conditions at the site and other
information affecting the performance of the Work which have been
relied upon by the Engineer in preparation of the Drawings and
Specifications are not guaranteed as to accuracy or completeness and
are not part of the Contract Drawings;

(7) and he understands that the quantities of work tabulated in this BID
and indicated on the Drawings and in the Specifications and other
Contract Documents are only approximate and are subject to increase
or decrease as deemed necessary by the Engineer.

The undersigned agrees that for extra work, if any, performed in accordance
with the terms and provision of the annexed form of AGREEMENT, he will accept
compensation as stipulated therein in full payment for such extra work.

If this BID is accepted by the Owner, the undersigned agrees to substantially
complete the entire work provided to be done under the Contract within 140
calendar days from the date of signing the Contract, except as otherwise
expressly provided in the AGREEMENT.

As provided in the INSTRUCTIONS TO BIDDERS, the Bidder hereby agrees that he
will not withdraw this BID within 60 days of Bid Opening, and that if the
Owner shall accept this Bid, the Bidder will duly execute and acknowledge the
AGREEMENT CONTRACI BONDS within ten (10) days after notification that the
AGREEMENI and other Contract Documents are ready for signature.

Should the Bidder fail to fulfill any of his agreements as hereinabove set
forth, the Owner shall have the right to retain as liquidated damages the
amount of the bid security which shall become the Owner's property.

This BID includes Addends number *

**To be filled in by Bidder if Addenda are issued.

The Bidder, by submittal of this BID, agrees with the Owner that the amount of
the bid security deposited with this BID fairly and reasonably represents the
amount of damages the Owner will suffer due to the failure of the Bidder to
fulfill his agreements as above provided.

I ~~~~~~~~~~~SECTION 00022

PROPOSAL

Proposal of:
Name

* ~~~~~~~~Address

to furnish and deliver all materials to perform all work in accordance with
I ~ ~the Contract Documents for the construction of

NOTE: This proposal shall be filled in by the Bidder, with the unit prices
I ~ ~~~written in both words and numerals, and the extensions shall be made by
the Bidder.

I ~~ITEM UNIT PRICES AMOUNT
NO. UNIT ITEMS AND UNIT PRICES BID Dollars Cents Dollars Cents

1 1~~ CY Disposal of Unsuitable
Material and Supplying of
Granular Backfill Material *Not Applicable

2 Lump Sum Rehabilitation of the
Prescott Park Seawall

* ~~~~~~~TOTAL:

The amount of the above Total attributable to Performance and Payment Bonds

is.

I * ~~Unit price to be used Ascontingency item

Page 2

Respectfully Submitted: I

I
Signature Address

Title Date I

(Seal, if Bid is by a Corporation) I

I
Attest:I

-I

SECTION 00025

I ~~~~~~~~EXPER IENCE STATEMENT

1. General

Each Contractor will submit with his proposal a statement of prco-
jects constructed within the past two years, possibly of compar-
able size and character. Not over five projects need be listed.
This information will be utilized by the Owner and Engineer in
reviewing the bidders' qualifications and capabilities for per~-
forming the work.

U ~~2. Sbitl
The Contractor will submit as a part of his statement the follow-*
ing:
1. Location and dollar volume of the project.
2. Brief description.
I ~~~~3. Length' of Contract.
4. Listing of equipment which bidder considers necessary
for conducting the Contract, and its availability.

I~~~~~~~~~~~~~01

SECTION 00030

NOTICE OF AWARD

Dated ,19

TO:
iBIDDi. R

OWNER'S PROJECT NO. _

PROJECT

OWNER'S CONTRACT NO. _

CONTRACT FOR ___

tinerr tmm of orfnfrut a, it ap rrrv, in the Bidding D0-urnenl

You are notified that your Bid dated , 198 for the above
Contract has been considered. You are the apparent successful bidder and have been
awarded a contract for

(Indicalc total Work. itenates or sections of Work awarded)

The Contract Price of your contract is
Dollars ($

Three copies of each of the proposed Contract Documents (except Drawings) accom-
pany this Notice of Award. Three sets of the Drawings will be delivered separately or
otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen days of the date
of this Notice of Award, that is by , 198_.
1. You must deliver to the OWNER three fully executed counterparts of the Agreement
including all the Contract Documents. This includes the triplicate sets of Drawings.
Each of the Contract Documents must bear your signature on (the cover) (every)
page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders (paragraph 17), General Conditions (para-
graph 5.1) and Supplementary Conditions (paragraph SC-5. 1).
3. (List other conditions precedent).

PuhbIshed bh [ingineers' Joint Conrmtet
Docutment% Commitlec: ACI ('-AS('I.-NSP1.FPIPP
1910-22 (1980 Edition)
N 9Ki. Nalwina.l Stcietty of titLfcnslnal I;ngpinecr

Failure to comply with these conditions within the time specified will entitle OWNER to
consider your bid abandoned, to annul this Notice of Award and to declare your Bid
Security forfeited.
Within ten days after you comply with those conditions, OWNER will return to you
one fully signed counterpart of the Agreement with the Contract Documents attached.

(OWNERI

By 4AUITHORIZED SIGNATUREI

(TITLE)

Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)

SECTION 00040

NOTICE TO PROCEED

Dated ,19

TO:
tCONTRAC'lOR)

OWNER'S PROJECT NO.

PROJECT -

OWNER'S CONTRACT NO.

CONTRACT FOR

You are notified that the Contract Time under the above contract will commence to run
on , 198. By that date, you are to start performing the Work
and your other obligations under the Contract Documents. The dates of Substantial
Completion and Final Completion are set forth in the Agreement: they are
, 198_ and , 198_ , respectively.
Before you may start any Work at the site, you and OWNER must each deliver to the
other (with copies to ENGINEER) certificates of insurance which each is required to
purchase and maintain in accordance with the Contract Documents.
Also before you may start any Work at the site, you must
-3 t~(add other requirements)

Work at the site must be started by , 198_ as indicated in the
Contract Documents.

(OW N ER)

By
I'AUTHORIZED SIGNATURF

tTITLEI

Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)

Published by Engincers.' Joint Contracl
Documenlt% Committec: ACEC-ASCE.NSPEIPEPP

1910-23 (1980 Edition)
(LF 191M. Natmnal Socic�V of Professional Engineer%

SECTION 00100

This document has important legal consequences; consultation with an attorney is encouraged with respect to
its completion or modification.

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE

Jointly lrued by

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A proctice division of tAe

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

and by

AMERICAN CONSULTING ENGINEERS COUNCIL

a nd by

CONSTRUCTION SPECIFICATIONS INSTITUTE

I 1978. NATIONAL SOCIETY OF PlOF�ss1INAL ENGENEXi
2029 K STREET, N.W., WASHINGTON, D.C. 20006

AMERICAN CONSULTING ENGIN.EERS COUNCI.L
I 11S 15TH STREET, N.W., WASHINGTON, D.C. 20005

CoNSTmRUTION SPEC1FCATnONS INSTrTVUT
1150 17TH STREET, N.W., WAS1HNGTON, D.C. WASHINGTON. D.C. 20036

This Standard Form of Agreement has been prepared for use with the Standard Form of Instructions to
Bidders (NSPE-ACEC Document 1910-12, CSI 56466, 1978 edition) and with the Standard General Condi.
tions of the Construction Contract (NSPE-ACEC Document 1910o8, CSI 56465, 1978 edition). Their
provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning
their usage are contained in the Commentary to the Documents, NSPE.ACEC 1910.9. 1978 edition.

NSPE.ACEC 1910.I-A-I
CSI 56467
Relmrinteut !1.78 iKM

THIS AGREEMENT is dated as df the ..............................day of..............................in the year
19 ........ by and between

3 City of Portsmouth (hereinafter called OWNER) and

(hereinafter called CONTRACTOR)

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Arlicle 1. WORK.

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described
as follov, s:
Rehabilitation of the Prescott Park Seawall

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Article 2. ENGINEER.
Kimball Chase Company, Inc.
The Project has been designed by 40 Bridge Street
Portsmouth, NH 03801
who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.

Article 3, CONTRACT TIME.
3.1. The Work will be substantially completed on of before .............. ; ....................... . 19 ...., and
.5 completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before
.1. . Wc... * an.

S= 3. 1. The Work will be substantially completed within.days after the date when the Contract Time commen...
to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with
a paragraph 14.13 of the General Conditions within .......... days after the date when the Contract Time commences to run

3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1
above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if
the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTR.AC-
TOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay
OWNER C.l.ly ...o f.P.o..mo.. ................. dollars (S .................. ) for each day that expires after
the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete.

Article 4. CONTRACT PRICE.

4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in
current funds as follows:
See Section 00022, Proposal
(here insert a lump sum, unit prrnc or both, attaching exhibits if necesaryl

fCONTRACTOR's Bid may be attached as exhibit to avoid klngthy retyping of unit price schedules, formulae for
escalation of prices, information as to alternatives, etc.)
I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Article S. PAYMENT PROCEDURES.

Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for
Payment will be processed by ENGINEER as provided in the General Conditions.

Pate I of .......... pages

5.1. ProRress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CON-
TRACTOR's Applications for Payment as recommended by ENGINEER, on or about the ................... day of each
month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured
by the schedule of values provided for in paragraph 14.1 of the General Conditions.

5.1.1. Prior to Substantial Completion progress payments will be in an amount equal to:

.............. q of the Work completed, and

I... .......... % of materials and equipment not incorporated in the Work but delivered and suitably stored,
less in each case the aggregate of payments previously made.

5.1.2. Upon Substantial Completion,.OWNER shall pay an amount sufficient to increase total payments to CON-
TRACTOR to ............. of the Contract Price, less such amounts as ENGINEER shall determine in accordance
with paragraph 14.7 of the General Conditions.

5.2. Finaol Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the
General Conditions, OWNER shall pay the remainder of the Contract Price as 'recommended by ENGINEER as provided in
said paragraph 14.13.

Article 6. INTEREST.

All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the Project.

Article 7. CONTRACTOR'S REPRESENTATIONS.

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

7. 1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and
with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect
cost. progress or performance of the Work.

7.2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical condi-
tions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the
preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions.

7.3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports
and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the
Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents;
and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for
such purposes.

7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and
data with the terms and conditions of the Contract Documents.

7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered
In the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

Article 8. CONTRACT DOCUMENTS.

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this
Agreement. made a part hereof and consists of the following:

8. 1. This Agreement (pages I to ...., inclusive).

8.2. Exhibits to this Agreement (pages ..., to ...., inclusive).

8.3. Performance and other Bonds, identified as exhibits ..................... and consisting of ... pages.

8.4. Notice of Award.

8.5. General Conditions (pages .... to ..... inclusive).

8.6. Supplementary Conditions (pages .... to ...., inclusive).

Page 2 of .......... pages

8.7. Specifications bearing the title

and consisting of .... divisions and .... pages, as listed in table of contents thereof.

8.8. Drawings, consisting of a cover sheet and sheets numbered .. through 2,.. inclusive with each sheet bearing the
following general title:
Prescott Park Seawall Rehabilitation

8.9. Addenda numbers .... to ...., inclusive.

8. 10. CONTRACTOR's Bid (pages .. to ....inclusive) marked exhibit ..... (Attach Bid Form only in special circum-
stances).

8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages .... to . inclusive).

8.12. Any Modification, including Change Orders, duly delivered after execution of Agreement.

8 .13.

There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered,
amended or repealed by a Modification (as defined in Section I of the General Conditions).

Article 9. MISCELLANEOUS.

9.1. Terms used in this Agreement whiqh are defined in Article I of the General Conditions shall have the meanings
indicated in the General Conditions.

9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on
another party hereto without the written consent of the party sought to be bound; and specifically but without limitation,
moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documenis.

9.3. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the
other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and
obligations contained in the Contract Documents.

Article 10. OTHER PROVISIONS.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered
to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement will be effective on ............................................ 19 .

OWNER .... ................................ CONTRACTOR .............................. .

By .. . ....... By .........................

[CORPORATE SEAL} ICORPORATE SEAL]

Attest . ............ .... .................... Attest..........

Address for giving notices Address for giving notices

(If OwNER is a purl-. boyv attach evidence of License No ....... .............
authority to sign and resolution or other
document authorizing execution of Agreement.) Agent for service of process: ......

Page 3 of .......... pages

(OWN ERI

By
B (AUTHORIZED SIGNATURE)

(TITLEi

Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)

SECTION 00110

PERFORMANCE BOND

I ~~~~~~~~~~~~~~~~Bond Number

KNOW ALL MEN BY THESE PRESENTS:

That

3 ~~as Principal, hereinafter called Contractor, and

(Surety Company) a corporation organized and existing under the laws of the

State of as surety, hereinafter called Surety,

are held and firmly bound unto the 7Ziff/City of Portsmouth, New Hampshire

I ~~Obligee, hereinafter called Owner, in the amount of

3 ~~Dollars ($ ), for the payment whereo-f Contractor and Surety bind

themselves, their heirs, executors, administrators, successors and assigns,

jointly and severally, firmly by these presents.

I ~~WHEREAS, Contractor has by written agreement dated

entered into a contract with Owner for Rehabilitation of Prescott Park Seawall

U ~~in accordance with drawings and specifications prepared by Kimbell Chase

3 ~~Company, Inc., 40 Bridge Street, Portsmouth, New Hampshire 03801, which

contract is by reference made a part hereof, and is hereinafter referred to as

3 ~~the Contract.

I ~~NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the

* ~~Contractor shall well and faithfully do and perform the things agreed by him

to be done and performed, according to the terms of said Contract and such

3 ~~alterations as may be made in said Contract during progress of the wo-rk, and

shall further indemnify and save harmless the said Owner from any expense

I ~~incurred through the failure of said Contractor to complete the work specified

and for any damages growing out of the manner of performance of said Contract

or any subcontractors or his or their agents, and shall remedy without cost to

the Owner any defect which may develop within one year from the time of3

completion and acceptance of the work; provided said d-efects, in the judgement

of the Owner or its assigns, are caused by defective or inferior materials3

and/or workmanship then this obligation to be void, otherwise to remain in

full force and effect.

The Surety hereby waives notice of any lateration in work or extension of time

made by the Owner of Engineer.

Whenever Contractor shall be, and declared by Owner to be, in default under3

the Contract, the Owner having performed Owner's obligations thereunder, the

Surety may promptly remedy the default, or shall promptly:I

(1) Complete the Contract in accordance with its terms and conditions,
orI

(2) Obtain a bid or bids for submission to the Owner for completing the
Contract in accordance with its terms and conditions, and upon
determination by Owner and Surety of the lowest responsible bidder,
arrange for a contract between such bidder and Owner and make avail-
able as work progresses (even though there should be a default or a
succession of defaults under the contract of completion arranged I
under this paragraph) sufficient funds to pay the cost of completion
less the balance of the contract price; but not exceeding, including
other costs and damages for which the Surety may be liable hereun-
der, the amount set forth in the first paragraph hereof. The term
"balance of the contract price", as used in this paragraph, shall
mean the total amount payable by' the Owner to Contractor under the
Contract and any amendments thereto, less the amount paid by Owner I
to Contractor.

Any suit under this bond must be instituted before the expiration of two (2)

years from the date on which final payment under the contract falls due.I

00110-3

No right of action shall accrue on this bond to or for the use of any person

or corporation other than the Owner named herein or the heirs, executors,

I ~~administrators or successors of Owner.

Signed and sealed this ___day of A.D., 19

in the presence of:

By,
I ~~~~(witness) (Principal) (seal)

(Surety Company)

By,
(Witness)(4

I ~~~~~~~~~~SECTION 00120

LABOR AND MATERIAL PAYMENT BOND

Bond Number____

KNOW BY ALL THESE MEN PRESENTS:

That

as Principal, hereinafter called Principal, and

(surety Company) a corporation organized and existing under the laws of the

I ~~State of hereinafter called Surety, are held firmly bound

unto the CityIXTN'X of Portsmouth, New Hampshire as Obligee, herinaf ter called

Owner, for the use and benefit of claimants as hereinbelow defined, in the

amount of Dollars ($ ), for payment whereof

Principal and Surety bind themselves, their heirs, executors, administrators,

I ~~successors and assigns, jointly and severally, firmly by these presents.

U ~~WHEREAS, Principal has by written agreement dated

entered into a contract with Owner for Rehabilitation of Prescott Park Seawall in

accordance with drawings and specifications prepared by Kimball Chase Company,

Inc., 40 Bridge Street, Portsmouth, New Hampshire, which co'ntract is by

reference made a part hereof, and is hereinafter referred to as the Contract.

I ~~NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION is such that the Principal
shall promptly make payment to all claimants as hereinafter defined, for all
labor and material used or reasonably required for use in the performance of
I ~ ~the Contract and for the hire of all equipment, tools, and all other things
contracted for or used in connection therewith, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject however, to
the following conditions:

(1) A claimant is defined as one having a direct contract with the
Principal or, with a subcontractor of the Principal for labor, material,
equipment, or other things used or reasonably required for use in the
performance of the contract. Labor and material being construed to
include that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental of equipment applicable to the Contract.

00 120-21

(2) The above named Principal and Surety hereby jointly and severally
agree with the Owner that every claimant as herein defined, who has not
been paid in full before expiration of a period of ninety (90) days after
the date on which the last of such claimant's work or labor was done or
performed, or materials were furnished by such a claimant, may sue on
this bond for the use of such claimant, prosecute the suit by final
judgement for such sum or sums as may be justly due claimant, and 'haveI
execution thereon. The Owner shall not be liable for the payment of any
costs or expenses of any such suit.

(3) No suit or action shall be commenced hereunder by any claimant:

(a) Unless Claimant, other than one having a direct contract with
the Principal, shall have given notice to all the following:I
The Principal, the Owner and the Surety above named, within six
calendar months after such claimant did or performed the last of theI
work or labor, or furnished the last of the materials for which said
claim is made, stating with substantial accuracy the amount claimed
and the name of the party to whom the materials were furnished, or
for whom the work or labor was done or performed. Such notice shallI
be served by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Principal, Owner,'
and Surety, at any place where an office is regularly maintained forI
the transaction of business, or served in any manner in which legal
process may be served in the State of
save that such service need not be made by a public officer.

(b) After the expiration of one (1) year following the date on which
Principal ceased all work on said contract, it being understood,
however, that if any limitation embodied in this bond is prohibitedI
by any law controlling the construction hereof,. such limitation
shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
(c) Other than in a State court of competent jurisdiction in and for
the county or other political subdivision of the State in which the
project, or any part thereof, is situated, or in the United StatesI
District Court for the district in which the project, or any part
thereof, is situated, and not elsewhere.

(4) The amount of this bond may be reduced by and to the extent of anyI
payment of payments made in good faith hereunder, inclusive of the pay-
ment by Surety of mechanics' liens which may be filed on record against
said improvement, whether or not claim for the amount of such lien beI
presented under and against this bond.

I
00120-3

Signed and Sealed this day of A.Dov 19
In the presence of:

I
By:
(Witness) (Principal)

I (Witness)
I (Seal)

Section 00200

CONTRACTOR' S AFFIDAVIT

STATE OF

I ~~COUNTY OF

Before me, the undersigned, a
I ~ ~~~~~~~~~~~(Notary Public, Justice of the Peace)

in for said County and State personally appeared
(Individual, Partner, or

who being duly sworn
I ~~Duly Authorized Representative of Corporate Contractor)

according to law disposes and says that the cost of all the Work and

outstanding claims and indebtedness of whatever nature arising out of the

performance of the Contract between

I ~~and of
(contractor)
dated for

and necessary appurtenant installations have been paid in ful I

(Individual, Partner, or Duly Authorized
Representative of Corporate Contractor)

Sworn to and subscribed before me

this day of

* ~~19.

Section 00210

CONTRACTOR'S RELEASE

KNOW BY ALL THESE MEN PRESENTS THAT

of , County of and State of

do hereby acknowledge that

has this day had, and received of and from

the sum of One Dollar and other valuable

considerations in full and complete satisfaction and payment of all sums of

money owed, payable and belonging to_____
I ~ ~~~~~~~~~~~~~(Contractor)

by any means whatsoever, for on account of a Contract Agreement

between and

dated for

NOW,THEREFORE, the said
(Contractor)

(for myself, my heirs, executors and administrators)(for itself, its succes-
sors and assigns) do/does by these presents remise, release, quit-claim and
forever discharge ,its successors and assigns
of and from all claims and demands, arising from or in connection with the
said Contract dated , and of and from all, and all
manner of action and actions, cause and causes of action and actions, suits,
debts, dues, duties, sum and sums of money, accounts, reckonings, bonds,
bills, specialties, covenants, contracts, agreements. promises, variances,
damages, judgements, extents, executions, claims and demand, whatsoever in law
or equity, or otherwise, against , its successors and
assigns, which (I, my heirs, execu:ors. or acmznisrrators)"it successors and
assigns) hereafter can, shall or may have, for, upon or by reason of any
matter, cause, or thing whatsoever; from the beginning of recorded time to the
date of these presents.

00210-2

IN WITNESS WHEREOF,
(Contractor)

has caused these presents to be duly executed this day of

19 .

Signed,sealed and delivered in the presence of:

(Seal)
(Individual - Contractor)

(Seal)
(Partnership-Contractor)

By: (Seal)
(Partner)

_~~~~~~~~~~~~~~~~---------

Attested:

(Corporation)

By:
(Secretary (President or Vice President)

(Corporate Seal)

SECTION 00300

No .....

CHANGE ORDER

Dated ...............

OWNER's Project No ....................... ENGINEER's Project No ........................

Project ..........................................

CONTRACTOR ........................................................................

Contract For ............................... Contract Date ..............................

To .....

You aredireted to make the chanps motedbelow i thie sutject Contract:

OWNER

By .............. .................

Dated ........................19

Nature of the Changes

Enclosures

The changes result in the following adjiustnen of Corniac: P.nc and Conwtra. Tmune

Contract Price Prior to This Change Order S

Net I Increase)(Decrease) Resulting from this Change Order S

Current Contract Price Including This Change Order S

NSPL.ACEC 1910.8.- B(1978 Edition)
tr 1'7h %atlonal S()m�1y of
Pwlesr,�rnal Engtenes O-,25
0-2 5

Contract Time Prior to This Change Order .......................................................
(Days or Date)

Net (Increase) (Decreae) Resulting from This Change Order ...........................................
(Days)

Current Contract Time Including This Change Order ...........................................
(Days or Date)

The Above Changes Are Approved: .. . . ............................,......
ENGINEER

By ,.o. ,. .....,,o ,o ..........................

Date .............................19 .....

The Above Changes Are Accepted: .................................o......
CONTRACTOR

By o~o...,. m...,.,o...oooe...............

Date ............................ .19

0-26

SECTION 00400

CERTIFICATE OF SUBSTANTIAL COMPLETION

OWNER's Project No .................... ENGINEER's Project No...... . . .

Project .....- .... .... .... .....................

CONTRACTOR ....................................................................

Contract For ....................... Contract Date ........................

This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the followaing specified
parts thereof:

To .. ..... ................... .......... . ........ .............. ...... . . .
OWNER

AndTo . . .......................................................
CONT R ACTOR

The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and
ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date of Substantial Completion

A tentative lis of items to be completed or corrected is attached hereto. This lit may not be all-inclusive. and the failure
to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the
Contract Documents. When this Certifcate applies to a specified par.t of the Work the items in the tentative hst sall be
completed or corrected by CONTRACTOR within days of the above date of Subsmatal Completion

NSPE-ACEC 1910-8.D(1978 Edition)

C 1976 National Soctly of
Profeional En�tneeis

0-27

The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as follows -

The responsibilities between OWNER and CONTRACTOR for security, operation. safety, maintenance, heat, utilities and
insurance shall be as follows

RESPONSIBILITIES

OWNER

CONTRACTOR:

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

Executed by ENGINEER on ....19

ENGINEER

By ..... ....

The CONTRACTOR accepts this Certificate of Substantia! Completion on. 19

~~~~~~~~~. . . . . . . . . . . . . . . . . .... ...
CONTRACTOP

0-28

I ~~~~This document has important legal consequences: consultation with an attorney is encouraged with
respect to its completion or modification.

STANDARD

I ~~~~GENERAL CONDITIONS

3 ~~~~~OF THE

CONSTRUCTION CONTRACT

U ~~~~~~~~~~~Prepared by

3 ~~~Engineers' Joint Contract Documents Committee

and

I ~~~~~~~~~Issued and Published Jointly By

AEICA yp~ F A O
CIVIL

~~~~~~~~~~~~~AIN

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
1 ~~~~~NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

3 ~~~~~~AMERICAN CONSULTING ENGINEERS COUNCIL

* ~~~~~~~AMERICAN SOCIETY OF CIVIL ENGINEERS

CONSTRUCTION SPECIFICATIONS INSTITUTE

This document has been approved and endorsed by

The Associated G nrlContractors of America

These General Conditions have been prepared for use with the Owner-Contractor Agreements (No.
1910-8-A-I or 1910-8-A-2, 1983 editions). Their provisions are interrelated and a change in one may
I ~ ~~~necessitate a change in the others. Comments concerning their usage are contained in the Commentary
on Agreements for Engineering Services and Contract Documents, No. 1910-9, 1981 edition. For
guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple-
mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of
Instructions to Bidders (No. 1910-12, 1983 edition) may be used.

3 ~~~~No. 1910-8 (1983 Edition)

TABLE OF CONTENTS OF GENERAL CONDITIONS

Arti~ h'
Nwitwr Tiilc pa,t,
I DEFINI''I(ONS ...................................................... 7
2 PRELIMINARY MATTERS ........................................ 8
3 CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE ...............................9
4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS ..........................................10
5 BONDS AND INSURANCE .......................................11
6 CONTRACTOR'S RESPONSIBILITIES ...........................14
7 OTHER WORK ....................................................18
8 OWNER'S RESPONSIBILITIES ....................................
9 ENGINEER'S STATUS DURING CONSTRUCTION ..........
10 CHANGES IN T'HE WORK ......................................... 1
11 CHANGE OF CONTRACT PRICE ..................................21
12 CHANGE OF CONTRACT TIME ...................................2
13 W'ARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMO()VAL OR
A('CEPTANCE OF DEFECTIVE WORK ....................2
14 PAYMIENTS T() CONTRACTOR AND COMPLETION ..........
lS SUSPENSION OF WORK AND TERMINATION .................
16 AARBIT'RATIO(N ...................................................3
17 MISCELLANE()OUS ................................................. .

1 ~~~~~~~~~~~~~~~~~~~~~~~~~~~3

INDEX TO GENERAL CONDITIONS

Arlicl or Paragraph
Numnber
Acceptdnce of Insurance................5.13 Contractor's Warranty of Title .............14.3
Acce~ss to the Work ..................13-2 Contractors-othcr.................... 7
Addendau-derinicion ouhsee dehnition of ' Contractual Liability Insurance............. I.
Specific:ations).....................I Coordinating Contractor-definition of ..........7.4
Agrcerment-definition of ..............I Coordination ......................7. 4
All Risk insurance .....................6 Copies of Documents...................2.2
Amnerndment. Wrilcicn.1.........3.1.1 Correction or Removal ol'Delectiis Work.......13.1 II
Application lor Payniient-detinition of ...........I Correction Period. One Year ............ 13.12
Application lfo Payment. nindl............14.12 Correction. Removal or Acceptance of 1)etecto-c
Application loi P1,ogress Pa% entci...........14.2 Work-in general.............. 13. I1-13. 14
AppliL~ation for Progress Pa1~ nent-reN ew of'.. 14.4-14.7 Cost-net decrease........ ..........I Lt).2
Arbitraton ... .... .... ......I...16 Cost ol'Work .......... .......11.4-1 I.5
Authoruied \'arwhton in Work .............9.5 Costs, Supplemental .................11.4.5
As ailability of Lands..................4.1I
AwAard. Notice of'-defined ................I Day-definition of..................... I
Bef'ore: Starting Construction ............2.5-2.7 Dejrczive Work, Acceptance of .1............I' 13
Bid--aefulmton Of ... ................I Deji'ciive Work, Correction or Removal of .......13.11I
Bonds and Insurance-iti general .............S Dejrctive Work-in general.........13. 14.7. 14.11
Bonds-defintion of....................I Dcefrctive Work. Rejecting ..9..............6~
Bonds. DeliserB of . ...............2.1I. 5.1 Definitions ........................
Bonds. Perf'ormance and Other ...........5.1-5.2 Delivery of Bonds ....................2.1 I
Determination for Unit Prices .............9.1U
Cash Allowances .. ................. 1.8 Disputes, Decisions by Engineer .9.1-.........
Change Order-.derinition of. ...............I Documents, Copies of..................2.2
Change Orders-to he executed.............10.4 Documents. Record ..................6.19
Changes in the Work ...................0I Documents, Reuse ...................3.6
Claims. Wai,.er of'-on Final Pay ment ........14.16 Drawings-d~etinition of ..................I
Clarifications and Interpretations.............9.4I
Cleaning........................6.17 Easements .......................4.1
Completion........................14 Effective date of Agreernent-detinition of .........
Completion. Substantial..............14.8-14.9 Emergencies......................6.22
Conference. Preconstruction1..............2.8 Engineer-definition ot ..................I
Conflict, Error. Discrepank;~-Coniraclor Engineer's Decisions ...............9.10-9.12
to Report ....................2.5. 3.3 Engineer's-Notice Work is Acceptable........14.13
Construction N1achinvr~. I-quipment, etc ........6.4 Engineer's Recommendation of Payment ....14.4. 14.1 I'
C ontinuinrg Work ...................6.29 Engineer's Responsibilities. Limitations
C06ntraC:loinut-aidin and on ................... 6. II. . 16-.l
-supplemnieitng -................3.4-3.5 ELngineer's Status IDui Mg Consti UL1t0on-in gener'al .L
Contract Docunicnts-dcfinifioin tit.............I Eq~uipment. Labor. Materials and ~....... U
CtjntraILI DoLuments-Intentt............3.1-3,3 Equivalent Materials, aiid Lquipmejut........67
Contraict Documnents-Reusec of ...........3.6 Explorations of physical conditions...................4.2
Contract Price. Change of.................I I
Contract Price-delinition ................I Fee. Cuntractor's-Cosis Plus. .............I I.(
Contract Tfime. Change of .................12 Field Order-definition of .................I
Contrac~t lime. Conmmcnceucnt of ............2.3 Field Order-issued by Enginceer. ........ .. I 9.
Contract Tuime-definition of1...............I Final Application for Payment ...... .... ..14.12 I
Cuntractor-definition of. ................I Final Inspection....................14.11
Contractor may Stop Woik or lerouinate ..1.....I5.5 Final Payment and Acceptance ............14.13
Contractor'h Continuing Obligation ..........14.15 Final Payment. Recommendation ofl.......14.1l3-14.14
Countractor's, Duty it) Report DiscrepartcyI
in Documcnts .................2.5. 3.2 General Provisions ................17.3-17.4
Contractor's Fec-Cost Plus I II .4.5.6, 11.5.1, 11.6-11.7 General Requirements-definition of ......... ..
Contractoris Liability InsuranLc............. .3 General Requiretnient s-principalI
Contrac:tor'N Responsibilities-in general .........6 references to..........2.6. 4.4. 6).4. ti.t-6.7. 6.23

Giving Notice ........................................ 17.1 Payments to Contractor-when due ........... 14.4, 14.13

Performance and other Bonds .................... . 5.1-5.2
Indemnification ............................. 6.30-6.32. 7.5 Permits ................ 6.13
Inspection. Final .................................... 14.11 Physical Conditions ...........................4.2
Inspection. Tests and ............................... 13.3 Physical Conditions-Engineer's review ............. 4.2.4
Insurance. Bonds and-in general ....................... 5 Physical Conditions-existing structures . ........... 4.2.2
Insurance. Certificates of ........................... 2.7, 5 Physical Conditions-explorations and reports ....... 4.2.1
Insurance-completed operations ...................... 5.3 Physical Conditions-possible document change ..... 4.2.5
Insurance, Contractor's Liability ...................... 5.3 Physical Conditions-price and time adjustments .... 4.2.5
Insurance. Contractual Liability ....................... 5.4 Physical Conditions-report of differing ............. 4.2.3
Insurance, Owner's Liability ....................... 5.5 Physical Conditions-Underground Facilities .......... 4.3
Insurance, Property ............................. 5.6-5.13 Preconstruction Conference ........................... 2.8
Insurance-Waiver of Rights ......................... 5.1I 1 Preliminary Matters .................................... 2
Intent of Contract Documents ................... 3.3. 9.14 Premises, Use of . ........................ 6.16-6.18
Interpretations and Clarifications ...................... 9.4 Price, Change of Contract . ............................. 11
Investigations of physical conditions ................... 4.2 Price-Contract-definition of ........................... I
Progress Payment, Applications for ................... 14.2
Labor. Materials and Equipment .................. 6.3-6.5 Progress Payment--retainage . ........................ 14.2
Laws and Regulations-definition of ..................... 1 Progress schedule ............... 2.6, 2.9. 6.6, 6.29, 15.2.6
Laws and Regulations-general ....................... 6.14 Project-definition of ................................... 1
Liability Insurance-Contractor's ..................... 5.3 Project Representation-provision for ................. 9.3
Liability Insurance-Owner's ......................... 5.5 Project Representative, Resident-definition of .......... 1
Liens-definitions of ................................ 14.2 Project, Starting the ................................... 2.4
Limitations on Engineer's Property Insurance .............................. 5.6-5.13
Responsibilities ..................... 6.6, 9.11, 9.13-9.16 Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
Materials and equipment-furnished by Contractor .... 6.3 of Proceeds ......... .................. 5.12-5.13
Materials and equipment-not Protection, Safety and ................,.... 6.20-6.21
incorporated in Work ......... ................ 14.2 Punch list ....................... . 1411
Materials or equipment-equivalent ................... 6.7
Miscellaneous Provisions ............................... 17 Recommendation of Payment .................. 14.4. 14.13
Multi-prime contracts ................................... 7 Record Documents ................................... 6.19
Reference Points ...................................... 4.4
Notice. Giving of ..................................... 17.1 Regulations, Laws and ........................ 6.14
Notice of Acceptability of Project ................... 14.13 Rejecting Defective Work ............................. 9.6
Notice of Award-definition of .......................... I Related Work at Site .............................. 7.1-7.3
Notice to Proceed-definition of ......................... I Remedies Not Exclusive ............................. 17.4
Notice to Proceed-giving of .......................... 2.3 Removal or Correction of Defective Work . .......... 13.11
Resident Project Representative-definition of ........... 1
"O r-Equal" Items ..................................... 6.7 Resident Project Representative-provision for ........ 9.3
Other contractors ..................... 7 Responsibilities, Contractor's-in general ...............6
Other work ............................................. 7 Responsibilities. Engineer's-in general ................. 9
Overtime Work-prohibition of ........................ 6.3 Responsibilities, Owner's-in general ...................8.
Owner-definition of .................................... I Retainage ............................................ 14.2
Owner May Correct Defective Work ................. 13.14 Reuse of Documents ......... .................. 3.5
Owner May Stop Work ......... ........... 13.10 Rights of Way ...................1..................... 4.1
Owner May Suspend Work. Terminate .......... 15.1-15.4 Royalties, Patent Fees and .........6........ 6.12
Owner's Duty to Execute Change Orders .. ........... 11.8
Owner's Liability Insurance ............................ 5.5 Safety and Protection ............................ 6.0 1
Owner's Representative-Engineer to serve as ........ 9.1 Samples ............................. 6.23-6.28
Owner's Responsibilities-in general .................... 8 Schedule of progress ........ 2.6. 2.8-2.9. 6.6. 6.29. 15.2.6
Owner's Separate Representative at site ............... 9.3 Schedule of Shop Drawing
submissions ...................... 2.6. 2.8-2.9. 6.23. 14.1
Partial Utilization ............................ ...... 14.10 Schedule of values ...................... 2.6. 2.8-2.9, 14.1
Partial Utilization--definition of ......................... I Schedules, Finalizing .................................. 2.9
Partial Utilization-Property Insurance ............... 5.15 Shop Drawings and Samples ..................... 6.23-6.28
Patent Fees and Royalties ............................ 6.12 Shop Drawings-definition of ............................ 1
Payments, Recommendation of ........... 14.4-14.7, 14.13 Shop Drawings, use to approve
Payments to Contractor-in general .................... 14 substitutions ....... ...............................3

I 5

Site, Visits to-by Engineer ........................... 9.2 Time, Computation of ................................ 17.2
Specifications-definition of ............................. I Time, Contract-definition of ............................ I
Starting Construction. Before ...................... 2.5-2.8
Starting the Project .................................... 2.4 Uncovering Work ............................... 13.8-13.9
Stopping Work-by Contractor ....................... 15.5 Underground Facilities-definition of .................... I
Stopping Work-by Owner .......................... 13.10 Underground Facilities-not shown or indicated ..... 4.3.2
Subcontractor-definition of ............................. I Underground Facilities-protection of ........... 4.3. 6.20
Subcontractors-in general ....................... 6.8-6.11 Underground Facilities-shown or indicated ......... 4.3.1
Subcontracts-required provisions ............5.11.1. 6.11 Unit Price Work-definition of .......................... I
11.4.3 Unit Price Work-general ................. 11.9. 14.1. 14.5
Substantial Completion-certification of .............. 14.8 Unit Prices ......................................... 11.3.1
Substantial Completion-definition of .................... I Unit Prices. Determinations for ....................... 9.10
Substitute or "Or-Equal" Items ....................... 6.7 Use of Premises ................................. 6.16-6.18
Subsurface Conditions ............................. 4.2-4.3 Utility owners .......................... 6.13. 6.20. 7.2-7.3
Supplemental costs ................................. 11.4.5
Supplementary Conditions-definition of ................ I Values, Schedule of ......................... 2.6. 2.9, 14.1
Supplementary Conditions-principal Variations in Work-Authorized ............ 6.25. 6.27. 9.5
references to .. 2.2, 4.2, 5.1. 5.3. 5.6-5.8. 6.3. 6.13. 6.23, Visits to Site-by Engineer ............................
7.4, 9.3
Supplementing Contract Documents ............... 3.4-3.5
Supplier-definition of.... I ~Waiver of Claims-on Final Payment .........14.16
Supplier-definition of ................................... I Wie fRgt yisrdpris.......51.61
Waiver of Rights by insured parties . 5.10. 6.I11
Supplier-principal references to ... 3.6.6.5.6.7-6.9.6.20, Warranty and Guarantee-by Contractor ............
6.24,.9.13.9.16,.11.8. 13.4.14.12
Warranty of Title, Contractor's ....................... 14.3
Surety-consent to payment .................. 14.12, 14.14
Surey-Eginer hs nodut to ................ .13Work-b othersso .........................................2
Surety-Engineer has no duty to 913..................13.2
Work--by others.7
Surety-notice to .......................... 10.1, 10.5, 15.2 i.....................29
Work Continuing During Disputes ...........6.29
Surety-qualification of ........................... 5.1-5.2 Work,Costof.11.4-11.5
Suspending Work. by Owner ................. ........1 Work-definition of.
Suspension of Work and Termination--in general ......15
Suspensiontef Work and Terminat-on-intgeneralos ....... 1 Work Directive Change-definition of ................... I
Superintendent--Contractor's ......................... 6.2
Work Directive Change--principal
Supervision and Superintendence .................. 6.1-6,2 referece Ch ange-p0ca
references to ............................ 3.4.3, 10.1-10.2
Taxes-Payment by Contractor ..... .................. 6.15 Work, Neglected by Contractor ..................... 13.14
Termination-by Contractor ....................... 15 Stopping by Contractor..
Work, Stopping by Owner ....................... 15.1-15.4
Termination-uby Owner ......................... 15.2-15.4 WitnAedetdfnto f...........
Written Amendment--definition of ............
Termination. Suspension of Work and-in general ......15 Written Amendment-principal
Tests and Inspections ..........................3-13.7 3.4.1. 10.1. 11.2, 12.I
Time, Change of Contract ..............................12

6~~~~~~~

GENERAL CONDITIONS tClff-cctivc--An adjective which when modifying the word Work
refers to Work that is unsatisfactory, faulty or deficient, or
AKRIC'LE 1I-DEFINITIlONS - does not conform to the Contract Documents. or does not
meet the requirements of any inspection, reference standard,
test or approval referred to in the Contract Documents, or
Wherever used in these General Conditions or in the other
has been damaged prior to ENGINEER's recommendation
ontract Documents the follow in g terms have the meaningsdamaged prior to ENGNEER's recommendation

Induedat ic ar apliah l bththe singulu- and plural has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14. 10).

I.Al J-eW-rit tIen or graph ic iinstru ments issued prior to the I)Drawings-The drawings which show the character and scope
opcning of BidMs hich clarif%. corrcclt or changeof the bidding of the Work to be performed and which have been prepared
dIo, uiimnts or the Contract 6hcuimlents. or approved by ENGINFER and are referred to in the Con-
tract Documents.
.4 c,ccn cnt-li-The v, ritten agreement between OWNER and
CON()TRAC'TOR( covering the W.ork to he performed: other Efi'ctriiv Date of the Agreement-The date indicated in the
C(ontr act Documents ar arttached to the Agreement and made Agreement on wvhich it becomes effective. but if no such date
a p:irt thcreof as provided therein. is indicated it means the date on which the Agreement is
signed and delis ered by the last of the ti o parties to sign and
.4?phcart,,n . /bfi PauNment-The form accepted by ENGI- deliver.
NEER w hich is to be used b} CONT'RACTOR in requesting
progress or final pay!ments and which is to include such sup- ENGINEER-The person. firm or corporation named as such
porting documentation as is required by the Contract in the Agreement.
Documents.
Field Order-A written order issued by ENGINEER which
Bid-The offer or proposal of the bidder submitted on the orders minor changes in the Work in accordance with para-
prescribed form setting forth the prices for the Work to be graph 9.5 but which does not involve a change in the Contract
performed. Price or the Contract Time.

Bands-Bid. performance and payment bonds and other General Requirements-Sections of Division I of the Speci-
instruments of security. fications.

Change Order-A document recommended by ENGINEER. Laws and Regulations: Laws or Regulations-Laws, rules,
which is signed by CONTRACTOR and OWNER and autho- regulations, ordinances, codes and/or orders.
rizes an addition. deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Time, issued Notice of Awmard-The written notice by OWNER to the
on or after the Effective Date of the Agreement. apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
Contract )Dcilnents-The Agreement, Addenda (vwhich per- enumerated therein. within the time specified. OWNER will
tain to the Contract Documents), CONTRACTOR's Bid sign and deliver the Agreement.
(including documentation accompanying the Bid and any' post-
Notice to Proceed--A written notice given by OWVNER to
Bid documentation submitted prior to the Notice of Award) CNTRACTOR (with a copy to ENGINEERfixingtheda
Iwhen attached as an exhibit to the Agreement. the Bonds,
on which the Contract Time will commence to run and on
these General Conditions, the Supplementary Conditions, the which CON TRACTOR shal l start to pe rform CONTRAC-
Specifications and the Drawings as the same are more spe- TOR'S obligations under the Contract Documents.
cifically identified in the Agreement, together with all amend-
ments, modifications and supplements issued pursuant to OWNER-The public body or authority. corporation. asso-
paragraphs 3.4 and 3.5 on or after the Effective Date of the ciation. firm or person withwhom CONTRACTOR has entered
I Agreement. into the Agreement and for whom the Work is to be provided.

Contract Pricce-The moneys payable by OWNER to CON- Partial Utili.zation-Placing a portion of the Work in service
TRACTOR under the Contract Documents as stated in the for the purpose for which it is intended (or a related purpose)
Agreement (subject to the provisions of paragraph 11.9.1 in before reaching Substantial Completion for all the Work.
the case of Unit Price WorkJ.
Project--The total construction of which the Work to be
Contract Tinme-The number of days (computed as provided provided under the Contract Documents may be the whole,
in paragraph 17.2) or the date stated in the Agreement for the or a part as indicated elsewhere in the Contract Documents.
completion of the Work.
Resident Project Representative-The authorized represen-
CONTRACTOR--The person. firm or corporation with whom tative of ENGINEER who is assigned to the site or any part
OWNER has entered into the Agreement. thereof.

Shop Drawings-All drawings, diagrams, illustrations, ordering an addition, deletion or revision in the Work, or
schedules and oth er data which are specifically prepared by responding to differing or unforeseen physical conditions under
or for CONTRACTOR to illustrate some portion of the Work which the Work is to be performed as provided in paragraph
and all illustrations, brochures. standard schedules, perfor- 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
mance charts, instructions, diagrams and other information Directive Change may not change the Contract Price or the
prepared by a Supplier and submitted by CONTRACTOR to Contract Time, but is evidence that the parties expect that
illustrate material or equipment for some portion of the Work. the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Spc t ijrwalio.,-Those portions of the Contract Documents Order following negotiations by the parties as to its effect, if
consisting of written technical descriptions of' materials. any, on the Contract Price or Contract Time as provided in
equipment. construction systems. standards and workman- paragraph 10.2.
ship as applied to the Work and certain administrative details
applicable thereto. Written Atnendment-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
Suh'contrclrtor-An individual. firm or corporation having a after the Effective Date of the Agreement and normally deal-
direct contract with CONITRACTOR or with any other Sub- ing with the nonengineering or nontechnical rather than strictly
contractor for the performance of a part of the Work at the Work-related aspects of the Contract Documents.
bile.

substacrtial Completiot n-The Work for a specified part thereof)
has progressed to the point where, in the opinion of ENGI- ARTICLE 2-PRELIMINARY MATTERS
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion, it is sufficiently complete, in o
accordance with the Contract Documents, so that the Work
for specified part) can be utilized for the purposes for which 2.1. When CONTRACTOR delivers the executed Agree-
it is intended: or if there be no such certificate issued, when ments to OWNER, CONTRACTOR shall also deliver to
final payment is due in accordance with paragraph 14.13. The OWNER such Bonds as CONTRACTOR may be required to
terms "substantially complete" and "substantially com- furnish in accordance with paragraph 5.1.
pleted" as applied to any Work refer to Substantial Comple-
tion thereot'. Copies of Documents:

Supplementary Conditions-The part of the Contract Docu- 2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ments whi ch amends or supplements these General Condi- ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
Supplier-A manufacturer. fabricator. supplier, distributor. be furnished upon request, at the cost of reproduction
matenalman or vendor.
Commencement of Contract Time; Notice to Proceed: U
U'nderground Facilirie.-Ali pipelines. conduits. ducts, cables. 2.3. The Contract Time will commence to run on the
w'ires, manholes, vaults, tanks. tunnels or other such facilities thirtieth day after the Effective Date of the Agreement. or. if
or attachments, and any encasements containing such facil- a Notice to Proceed is given, on the day indicated in the
itics which have been in.talled underground to furnish any of Notice to Proceed. A Notice to Proceed may be given at any
the following services or materials: electricity, gases. steam, time within thirty days after the Effective Date of the Agree-
liquid petroleum products. telephone or other communica- ment. In no event will the Contract Time commence to run
tions. cable television. sewage and drainage removal. traffic later than the seventy-fifth day after the day of Bid opening |
or other control systems or water. or the thirtieth day after the Effective Date ofthe Agreement.
whichever date is earlier.
Unit Price Work-Work to be paid for on the basis of' unit
prices.
Starting the Project:
;Work--The entire completed construction or the various sep- 2.4. CONTRACTOR shall start to perform the Work on
arately identifiable parts thereof' required to be furnished the date when the Contract Time commences to run. but no
under the Contract Documents. Work is the result of per- Work shall be done at the site prior to the date on which the
forming services, furnishing labor and furnishing and incor- Contract T'ime commences to run.
porating materials and equipment into the construction, all
as required by the Contract Documents. i
Before Starting Construction:
Wlork Directive Change-A written directive to CONTRAC- 2.5. Before undertaking each part of the Work. CON-
TOR. issued on or after the Effective Date of the Agreement TRACTOR shall carefully study and compare the Contract
and signed by OWNER and recommended by ENGINEER. Documents and check and verify pertinent figure,, shown

8 1

thereon and all applicable field measurements. CONTRAC- graph 2.6. The finalized progress schedule will be acceptable
TOR shall promptly report in writing to ENGINEER any to ENGINEER as providing an orderly progression of the
conflict, error or discrepancy which CONTRACTOR may Work to completion within the Contract Time, but such
discover and shall obtain a written interpretation or clarifi- acceptancewill neitherimpose on ENGINEER responsibility
cation from ENGINEER before proceeding with any Work for the progress or scheduling of the Work nor relieve CON-
affected thereby: however, CONTRACTOR shall not be lia- TRACTOR from full responsibility therefor. The finalized
ble to OWNER or ENGINEER for failure to report any schedule of Shop Drawing submissions will be acceptable to
conflict, error or discrepancy in the Contract Documents, ENGINEER as providing a workable arrangement for pro-
unless CONTRACTOR had actual knowledge thereof or should cessing the submissions. The finalized schedule of values will
reasonably have known thereof. be acceptable to ENGINEER as to form and substance.

2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Require- ARTICLE3-CONTRACT DOCUMENTS: INTENT
ments). CONTRACTOR shall submit to ENGINEER for ARTICE CONMENTS
1 review�: AMENDING, REUSE
review:

2.6.1. an estimated progress schedule indicating the Intent:
starting and completion dates of the various stages of the 3.1. The Contract Documents comprise the entire agree-
Work: ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
2.6.2.missions; a preminary schedule of Shop Drawing sub- called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
2.6.3. a preliminary schedule of values for all of the

aggregating the Contract Price and will subdivide the Work a functionally complete Project (or part thereof) to be con-
into component parts in sufficient detail to serve as the structed in accordance with the Contract Documents. Any
basis for progress payments during construction. Such Work, materials or equipment that may reasonably be inferred
prices will include an appropriate amount of overhead and from the Contract Documents as being required to produce
profi t applicable to each item of Work which will be con- the intended result will be supplied whether or not specifically
firmed in writing by CONTRACTOR at the time of sub- called for. When words which have a well-known technical
mission.
mission. or trade meaning are used to describe Work. materials or
I2.7. Before any Work at the site is started, CONTRAC- equipment such words shall be interpreted in accordance with
2.7. Before anys Work at the site is started, CONTRAC-
that meaning. Reference to standard specifications, manuals
or codes of any technical society, organization or association,
certificates (and other evidence of insurance requested by orto the Laws or Regulations of any governmental authority,

maintain in accordance with paragraphs 5.3 and 5.4, and
OWNER) which CONTRACTOR is required to purchase and whether such reference be specific or by implication, shall

OWNER shall deliver to CONTRACTOR certificates and mean the latest standard specification, manual, code or Laws
other evidence of insurance requested b ce CONTRACTOR) or Regulations in effect at the time of opening of Bids (or, on
the Effective Date of the Agreement if there were no Bids),
which OWNER is required to purchase and 7maintain i except as may be otherwise specifically stated. However, no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
~Preconstruction Conference: ~in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER, CONTRACTOR or
2.8. Within twenty days after the Effective Date of the ENGINEER, or any of their consultants, agents or employ-
Agreement, but before CONTRACTOR starts the Work at ees from those set forth in the Contract Documents, nor shall
the site, a conference attended by CONTRACTOR, ENGI- it be effective to assign to ENGINEER or any of ENGI-
NEER and others as appropriate will be held to discuss the NEER's consultants, agents or employees, any duty or
schedules referred to in paragraph 2.6, to discuss procedures authority to supervise or direct the furnishing or performance
for handling Shop Drawings and other submittals and othe Work or any duty or submthorittals andertake responsi-
processingApplicationsforPayment,andtoestablishaworking bility contrary to the provisions of paragraph 9.15 or 9.16.
understanding among the parties as to the Work. Clarifications and interpretations of the Contract Documents
shall be issued by ENGINEER as provided in paragraph 9.4.

Finalizing Schedules: 3.3. If, during the performance of the Work, CONTRAC-
2.9. At least ten days before submission of the first Appli- TOR finds a conflict, error or discrepancy in the Contract
cation for Payment a conference attended by CONTRAC- Documents, CONTRACTOR shall so report to ENGINEER
TOR, ENGINEER and others as appropriate will be held to in writing at once and before proceeding with the Work affected
finalize the schedules submitted in accordance with para- thereby shall obtain a written interpretation or clarification

from ENGINEER; however. CONTRACTOR shall not be such other lands which are designated for the use of CON-
liable to OWNER or ENGINEER for failure to report any TRACTOR. Easements for permanent structures or perma-
conflict. error or discrepancy in the Contract Documents nent changes in existing facilities will be obtained and paid
unless CONTRACTOR had actual knowledge thereof or should for by OWNER. unless otherwise provided in the Contract
reasonably have known thereof. Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
Amending and Supplementing Contract Documents: tract Time. CONTRACTOR may make a claim therefor as
3.4. The Contract Documents may be amended to pro- provided in Article 12. CONTRACTOR shall provide for all
vide for additions, deletions and revisions in the Work or to additional lands and access thereto that may be required for
modify the terms and conditions thereof in one or more of temporary construction facilities or storage of materials and
the following ways: equipment.

3.4.1. a formal Written Amendment, i

3.4.2. a Change Order (pursuant to paragraph 10.4). 4.2.1. Explorations and Reports: Reference is made
or to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
3.4.3. a Work Directive Change (pursuant to para- at the site that have been utilized by ENGINEER in prep-
graph 10. 1). aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
As indicated in paragraphs 11.2 and 12.1. Contract Price and such reports. but not upon nontechnical data, interpreta-
Contract Time may only be changed by a Change Order or a tions or opinions contained therein orforthe completeness
Written Amendment. thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
3.5. In addition. the requirements of the Contract Docu- graph 4.2.6, CONTRACTOR shall have full responsibility
ments may be supplemented. and minor variations and devia- with respect to subsurface conditions at the site.
tions in the Work may be authorized, in one or more of the
following ways: 4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
3.5.1. a Field Order (pursuant to paragraph 9.5), drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
3.5.2. ENGINEER's approval of a Shop Drawing or Facilities referred to in paragraph 4.3) which are at or
sample (pursuant to paragraphs 6.26 and 6.27), or contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
3.5.3. ENGINEER's written interpretation or clarifi- TRACTOR may rely upon the accuracy of the technical
cation (pursuant to paragraph 9.4). data contained in such drawings, but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in the immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have full respon-
3.6. Neither CONTRACTOR nor any Subcontractor or sibility with respect to physical conditions in or relating
Supplier or other person or organization performing or fur- to such structures.
nishing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership 4.2.3. Report of Differing Conditions: If CONTRAC-
rights in any of the Drawings. Specifications or other docu- TOR believes that:
ments (or copies of any thereof) prepared by or bearing the
seal of ENGINEER: and they shall not reuse any of them on 4.2.3.1. any technical data on which CONTRAC-
extensions of the Project or any other project without writ ten
consent of OWNER and ENGINEER and specific written e nd to is inaragrte, or
verification or adaptation by ENGINEER.
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
ARTICLE 4-AVAILABILITY OF LANDS: PHYSICAL cated, reflected or referred to in the Contract Docu-
CONDITIONS: REFERENCE POINTS ments,

CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Work in connection
4.1. OWNER shall furnish, as indicated in the Contract therewith (except in an emergency as permitted by para-
Documents, the lands upon which the Work is to be per- graph 6.22), notify OWNER and ENGINEER in writing
formed, rights-of-way and easements for access thereto, and about the inaccuracy or difference.

4.2.4. ENGINEER's Review: ENGINEER will determine the extent to which the Contract Documents
promptly review the pertinent conditions, determine the should be modified to reflect and document the conse-
necessity of obtaining additional explorations or tests with quences of the existence of the Underground Facility, and
respect thereto and advise OWNER in writing (with a copy the Contract Documents will be amended or supplemented
to CONTRACTOR) of ENGINEER's findings and con- to the extent necessary. During such time, CONTRAC-
clusions. TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
4.2.5. Possih1eh Docutlnent Change: If ENGINEER CONTRACTOR shall be allowed an increase in the Con-
concludes that there is a material error in the Contract tract Price or an extension of the Contract Time, or both,
Documents or that because of newly discovered condi- to the extent that they are attributable to the existence of
tions a change in the Contract Documents is required. a any Underground Facility that was not shown or indicated
Work Directive Change or a Change Order will be issued in the Contract Documents and which CONTRACTOR
as provided in Article 10 to reflect and document the could not reasonably have been expected to be aware of.
consequences of the inaccuracy or difference. If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
4.2.6. Pos.'ibhl Prite eandt Time Adju.stmnient: In each provided in Articles 11 and 12.
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. vx ill be allowable to the extent that Reference Points:
they are attributable to any such inaccuracy or difference. 4.4. OWNER shall provide engineering surveys to estab-
If OWNER and CONTRACTOR are unable to agree as to lish reference points for construction which in ENGINEER's
the amount or length thereof, a claim may be made therefor judgment are necessary to enable CONTRACTOR to proceed
as provided in Articles 11 and 12. with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established
Physical Conditions-U'nderground Facilities: reference points and shall make no changes or relocations
4.3.1. Shown or Indicated: The information and data without the prior written approval of OWNER. CONTRAC-
shown or indicated in the Contract Documents with respect TOR shall report to ENGINEER whenever any reference
to existing Underground Facilities at or contiguous to the point is lost or destroyed or requires relocation because of
site is based on information and data furnished to OWNER necessary changes in grades or locations, and shall be respon-
or ENGINEER by the owners of such Underground Facil- sible for the accurate replacement or relocation of such ref-
ities or by others. Unless it is otherwise expressly pro- erence points by professionally qualified personnel.
vided in the Supplementary Conditions:

4.3.1.1. OWNER and ENGINEER shall not be ARTICLE 5--BONDS AND INSURANCE

such information or data; and,
Performance and Other Bonds:
4.3.1.2. CONTRACTOR shall have full responsi- 5.1. CONTRACTOR shall furnish performance and pay-
bility for reviewing and checking all such information ment Bonds, each in an amount at least equal to the Contract
and data. for locating all Underground Facilities shown Price as security for the faithful performance and payment of
or indicated in the Contract Documents. for coordina- all CONTRACTOR's obligations under the Contract Docu-
tion of the Work with the owners of such Underground ments. These Bonds shall remain in effect at least until one
Facilities during construction, for the safety and pro- year after the date when final payment becomes due, except
tection thereof as provided in paragraph 6.20 and as otherwise provided by Law or Regulation or by the Con-
repairing any damage thereto resulting from the Work, tract Documents. CONTRACTOR shall also furnish such
the cost of all of which will be considered as having other Bonds as are required by the Supplementary Condi-
been included in the Contract Price. tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
4.3.2. Not Shown or Indicated. If an Underground by such sureties as are named in the current list of "Com-
Facility is uncovered or revealed at or contiguous to the panies Holding Certificates of Authority as Acceptable Sure-
site which was not shown or indicated in the Contract ties on Federal Bonds and as Acceptable Reinsuring Corn-
Documents and which CONTRACTOR could not reason- panies" as published in Circular 570 (amended) by the Audit
ably have been expected to be aware of, CONTRACTOR Staff Bureau of Accounts. U.S. Treasury Department. All
shall, promptly after becoming aware thereof and before Bonds signed by an agent must be accompanied by a certified
performing any Work affected thereby (except in an emer- copy of the authority to act.
gency as permitted by paragraph 6.22), identify the owner
of such Underground Facility and give written notice thereof 5.2. If the surety on any Bond furnished by CONTRAC-
to that owner and to OWNER and ENGINEER. ENGI- TOR is declared a bankrupt or becomes insolvent or its right
NEER will promptly review the Underground Facility to to do business is terminated in any state where any part of

the Project is located or it ceases to meet the requirements thirty days' prior written notice has been given to OWNER
of paragraph 5. 1, CONTRACTOR shall within five days and ENGINEER by certified mail. All such insurance shall
thereafter substitute another Bond and Surety, both of which remain in effect until final payment and at all times thereafter
must be acceptable to OWNER. when CONTRACTOR may be correcting. removing or
replacing defective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
Contractor's Liability Insurance: operations insurance for at least two years after final payment
5.3. CONTRACTOR shall purchase and maintain such and furnish OWNER with evidence of continuation of such
comprehensive general liability and other insurance as is insurance at final payment and one year thereafter.
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor- Contractual Liabilith Insurance:
mance and furnishing of the Work and CONTRACTOR's 5.4. The comprehensive general liability insurance required
other obligations under the Contract Documents. whether it by paragraph 5.3 ill include contractual liability insurance
is to be performed or furnished by CONTRACTOR. by any applicabletoCONTRACTOR'sobligationsunderparagraphs
applicable to CONTRACTOR's obligations under'paragraphs
Subcontractor. by anyone directly or indirectly employed by 6.30 and 6.31.
an! of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
Owner's Liability Insurance:
5.3.1. Claims under workers' or workmen's compen-
sation. disability benefits and other similar employee ben- 5.5. OWNER shall be responsible for purchasing and

OWNER's option, may purchase and maintain such insur-
5.3.2. Claims for damages because of bodily injury. ance as will protect OWNER against claims which may arise
occupational sickness or disease. or death of CONTRAC- from operations under the Contract Documents.
TOR's employees: |

5.3.3. Claims for damages because of bodily injury, Property Insurance:
sickness or disease, or death of any person other than 5.6. Unless otherwise provided in the Supplementary
CONTRACTOR's employees: Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
5.3.4. Claims for damages insured by personal injury thereof (subject to such deductible amounts as may be pro-
liability coverage which are sustained (a) by any person vided in the Supplementary Conditions or required by Laws
as a result of an offense directly or indirectly related to and Regulations). This insurance shall include the interests
the employment of such person by CONTRACTOR, or of OWNER, CONTRACTOR, Subcontractors. ENGINEER
(b) by any other person for any other reason: and ENGINEER's consultants in the Work, all of whom shall
be listed as insureds or additional insured parties. shall insure
5.3.5. Claims for damages. other than to the Work against the perils of fire and extended coverage and shall
itself. because of injury to or destruction of tangible prop- include "all risk" insurance for physical loss and damage
erty wherever located, including loss of use resulting including theft, vandalism and malicious mischief, collapse
therefrom: and water damage. and such other perils as may be pro ided
in the Supplementary Conditions. and shall include damages.
5.3.6. Claims arising out of operation of Laws or Reg- losses and expenses arising out of or resulting from any insured
ulations for damages because of bodily injury or death of loss or incurred in the repair or replacement of any insured
any person or for damage to property: and property (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals). If
5.3.7. Claims for damages because of bodily injury or not covered under the "all risk" insurance or otherwise pro-
death of any person or property damage arising out of the vided in the Supplementary Conditions. CONTRACTOR shall
ownership. maintenance or use of any motor vehicle. purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
The insurance required by this paragraph 5.3 shall include portions of the Work are to be included in an Application for
the specific coverages and be written for not less than the Payment.
limits of liability and coverages provided in the Supplemen-
tary Conditions, or required by law. whichever is greater. 5.7. OWNERshallpurchaseandmaintainsuchboilerand
The comprehensive general liability insurance shall include machinery insurance or additional property insurance as may
completed operations insurance. All of the policies of insur- be required by the Supplementary Conditions or Laws and
ance so required to be purchased and maintained (or the Regulations which will include the interests of OWNER,
certificates or other evidence thereof) shall contain a provi- CONTRACTOR, Subcontractors, ENGINEER AND
sion or endorsement that the coverage afforded will not be ENGINEER's consultants in the Work. all of whom shall be
cancelled. materially changed or renewal refused until at least listed as insured or additional insured parties.

5.8. All the policies of insurance (or the certificates or such waiver forms are required of any Subcontractor,
other evidence thereof) required to be purchased and main- CONTRACTOR will obtain the same.
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal Receipt and Application of Proceeds:
refused until at least thirty days' prior written notice has been 5.12. Any insured loss under the policies of insurance
given to CONTRACTOR by certified mail and will contain required by paragraphs 5.6 and 5.7 will be adjusted with
waiver provisions in accordance with paragraph 5.11.2. OWNER and made payable to OWNER as trustee for the
insureds, as their interests may appear, subject to the require-
5.9. OWNER shall not be responsible for purchasing and ments of any applicable mortgage clause and of paragraph
maintaining any property insurance to protect the interests 5.13. OWNER shall deposit in a separate account any money
of CONTRACTOR, Subcontractors or others in the Work to so received, and shall distribute it in accordance with such
the extent of any deductible amounts that are provided in the agreement as the parties in interest may reach. If no other
Supplementary Conditions. The risk of loss within the special agreement is reached the damaged Work shall be
deductible amount. will be borne by CONTRACTOR. Sub- repaired or replaced, the moneys so received applied on
contractor or others suffering any such loss and if any of them account thereof and the Work and the cost thereof covered
wishes property insurance coverage within the limits of such by an appropriate Change Order or Written Amendment.
amounts, each may purchase and maintain it at the purchas-
er's own expense. 5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
5.10. If CONTRACTOR requests in writing that other interest shall object in writing within fifteen days after the
special insurance be included in the property insurance pol- occurrence of loss to OWNER's exercise of this power. If
icy, OWNER shall, if possible, include such insurance, and such objection be made. OWNER as trustee shall make set-
the cost thereof will be charged to CONTRACTOR by appro- tlement with the insurers in accordance with such agreement
priate Change Order or Written Amendment. Prior to corn- as the parties in interest may reach. If required in writing by
mencement of the Work at the site, OWNER shall in writing any party in interest, OWNER as trustee shall. upon the
advise CONTRACTOR whether or not such other insurance occurrence of an insured loss, give bond for the proper per-
has been procured by OWNER. formance of such duties.

Waiver of Rights: Acceptance of Insurance:
5.11.1. OWNER and CONTRACTOR waive all rights 5.14. If OWNERhasany objection tothe coverage afforded
against each other for all losses and damages caused by by or other provisions of the insurance required to be pur-
any of the perils covered by the policies of insurance chased and maintained by CONTRACTOR in accordance
provided in response to paragraphs 5.6 and 5.7 and any with paragraphs 5.3 and 5.4 on the basis of its not complying
other property insurance applicable to the Work, and also with the Contract Documents, OWNER shall notify CON-
waive all such rights against the Subcontractors, ENGI- TRACTOR in writing thereof within ten days of the date of
NEER, ENGINEER's consultants and all other parties delivery of such certificates to OWNER in accordance with
named as insureds in such policies for losses and damages paragraph 2.7. If CONTRACTOR has any objection to the
so caused. As required by paragraph 6.11. each subcon- coverage afforded by or other provisions of the policies of
tract between CONTRACTOR and a Subcontractor will insurance required to be purchased and maintained by OWNER
contain similar waiver provisions by the Subcontractor in in accordance with paragraphs 5.6 and 5.7 on the basis of
favorof OWNER, CONTRACTOR, ENGINEER, ENGI- their not complying with the Contract Documents, CON-
NEER's consultants and all other parties named as insureds. TRACTOR shall notify OWNER in writing thereof within ten
None of the above waivers shall extend to the rights that days of the date of delivery of such certificates to CON-
any of the insured parties may have to the proceeds of TRACTOR in accordance with paragraph 2.7. OWNER and
insurance held by OWNER as trustee or otherwise pay- CONTRACTOR shall each provide to the other such addi-
able under any policy so issued. tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
5. I 1.2. OWNER and CONTRACTOR intend that any CONTRACTOR to give any such notice of objection within
policies provided in response to paragraphs 5.6 and 5.7 the time provided shall constitute acceptance of such insur-
shall protect all of the parties insured and provide primary ance purchased by the other as complying with the Contract
coverage for all losses and damages caused by the perils Documents.
covered thereby. Accordingly, all such policies shall con-
tain provisions to the effect that in the event of payment
of any loss or damage the insurer will have no rights of Partial Utilization-Property Insurance:
recovery against any of the parties named as insureds or 5.15. If OWNER finds it necessary to occupy or use a
additional insureds. and if the insurers require separate portion or portions of the Work prior to Substantial Comple-
waiver forms to be signed by ENGINEER or ENGI- tion of all the Work. such use or occupancy may be accom-
NEER's consultant OWNER will obtain the same, and if plished in accordance with paragraph 14.10; provided that no

such use or occupancy shall commence before the insurers 6.5. All materials and equipment shall be of good quality
providing the property insurance have acknowledged notice and new, except as otherwise provided in the Contract Doc-
thereof and in writing effected the changes in coverage neces- uments. If required by ENGINEER. CONTRACTOR shall
sitated thereby. The insurers providing the property insur- furnish satisfactory evidence (including reports of required
ance shall consent by endorsement on the policy or policies, tests) as to the kind and quality of materials and equipment.
but the property insurance shall not be cancelled or lapse on All materials and equipment shall be applied. installed. con-
account of any such partial use or occupancy. nected. erected. used, cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 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 author-
ity to undertake responsibility contrary to the provisions of
6.1 . CONTRACTOR shall supervise anddirect the Work paragraph 9.15 or 9.16.
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 Doc- Adjusting Progress Schedule:
uments. CONTRACTOR shall be solely responsible for the 6.6. CONTRACTOR shall submit to ENGINEER for
means. methods, techniques. sequences and procedures of acceptance (to the extent indicated in paragraph 2.9) adjust-
construction. but CONTRACTOR shall not be responsible ments in the progress schedule to reflect the impact thereon
for the negligence of others in the design or selection of a of new developments: these will conform generally to the
specific means. method, technique, sequence or procedure progress schedule then in effect and additionally will comply
of construction which is indicated in and required by the with any provisions of the General Requirements applicable
Contract Documents. CONTRACTOR shall be responsible thereto.
to see that the finished Work complies accurately with the
Contract Documents.
Substitutes or "Or-Equal" Items:
6.2. CONTRACTOR shall keep on the Work at all times 6.7.1. Whenevermaterialsorequipmentare specified
during its progress a competent resident superintendent, who, or described in the Contract Documents by using the name
shall not be replaced without written notice to OWNER and
ENGIN EER except under extraordinary circumstances. The the naming of the item is intended to establish the type.
superintendent will be CONTRACTOR's representative at
function and quality required. Unless the name is followed
the site and shall have authority to act on behalf of CON- by words indicating that no substitution is permitted.
TRACTOR. All communications given to the superintendent materials or equipment of other Suppliers may be accepted
shall be as binding as if given to CONTRACTOR.
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
6.3. CONTRACTOR shall provide competent, suitably will include the following as supplemented in the General 3
qualified personnel to survey and lay out the Work and per- Requirements. Requests for review of substitute items of
form construction as required by the Contract Documents. material and equipment will not be accepted by ENGI-
CONTRACTOR shall at all times maintain good discipline NEER from anyone other than CONTRACTOR. If CON-
and order at the site. Except in connection with the safety or TRACTOR wishes to furnish or use a substitute item of
protection of persons or the Work or property at the site or material or equipment. CONTRACTOR shall make writ-
adjacent thereto. and except as otherwise indicated in the ten application to ENGINEER for acceptance thereof.
Contract Documents, all Work at the site shall be performed certifying that the proposed substitute will perform ade- -
during regular working hours, and CONTRACTOR will not quately the functions and achieve the results called for by
permit overtime work or the performance of Work on Sat- the general design, be similar and of equal substance to
urday, Sunday or any legal holiday without OWNER's writ- that specified and be suited to the same use as that spec-
ten consent given after prior written notice to ENGINEER. ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
6.4. Unless otherwise specified in the General Require- CONTRACTOR's achievement of Substantial Comple-
ments, CONTRACTOR shall furnish and assume full respon- tion on time, whether or not acceptance of the substitute
sibility for all materials. equipment, labor. transportation. for use in the Work will require a change in any of the
construction equipment and machinery, tools, appliances, Contract Documents (or in the provisions of any other
fuel. power, light, heat, telephone, water, sanitary facilities, direct contract with OWNER for work on the Project) to
temporary facilities and all other facilities and incidentals adapt the design to the proposed substitute and whether
necessary for the furnishing, performance, testing. start-up or not incorporation or use of the substitute in connection
and completion of the Work. with the Work is subject to payment of any license fee or

royalty. All variations of the proposed substitute from that OWNER and ENGINEER and if CONTRACTOR has
specified will be identified in the application and available submitted a list thereof in accordance with the Supple-
maintenance. repair and replacement service will be indi- mentary Conditions, OWNER's or ENGINEER's accept-
cated. The application will also contain an itemized esti- ance (either in writing or by failing to make written objec-
mate of all costs that will result directly or indirectly from tion thereto by the date indicated for acceptance or objec-
acceptance of such substitute. including costs of redesign tion in the bidding documents or the Contract Documents)
and claims of other contractors affected by the resulting of any such Subcontractor, Supplier or other person or
change. all of which shall be considered by ENGINEER organization so identified may be revoked on the basis of
in evaluating the proposed substitute. ENGINEER may reasonable objection after due investigation. in which case
require CONTRACTOR to furnish at CONTRACTOR's CONTRACTOR shall submit an acceptable substitute, the
expense additional data about the proposed substitute. Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
6.7.2. If a specific means. method. technique. sequence Change Order will be issued or Written Amendment signed.
or procedure of construction is indicated in or required by No acceptance by OWNER or ENGINEER of any such
the Contract Documents. CONTRACTOR may furnish or Subcontractor. Supplier or other person or organization
utilize a substitute means. method. sequence. technique shall constitute awaiver of an y right of OWNER or ENGI-
or procedure of construction acceptable to ENGINEER. NEER to reject dcj/i'ctivc Work.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is 6.9. CONTRACTOR shall be fully responsible to OWNER
equivalent to that indicated or required by the Contract and ENGINEER for all acts and omissions of the Subcon-
Documents. The procedure for review by ENGINEER tractors, Suppliers and other persons and organizations per-
will be similar to that trovided in paragraph 6.7.1 as applied forming or furnishing any of the Work under a direct or
by ENGINEER and as may be supplemented in the Gen- indirect contract with CONTRACTOR just as CONTRAC-
eral Requirements. TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
6.7.3. ENGINEER will be allowed a reasonable time contractual relationship between OWNER or ENGINEER
within which to evaluate each proposed substitute. ENGI- and any such Subcontractor. Supplier or other person or
NEER will be the sole judge of acceptability, and no organization. nor shall it create any obligation on the part of
substitute will be ordered, installed or utilized without OWNER or ENGINEER to pay or to see to the payment of
ENGINEER's prior written acceptance which will be evi- any moneys due any such Subcontractor. Supplier or other
denced by either a Change Order or an approved Shop person or organization except as may otherwise be required
Drawing. OWNER may require CONTRACTOR to fur- by Laws and Regulations.
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute. 6.10. The divisions and sections of the Specifications and
ENGINEER will record time required by ENGINEER the identifications of any Drawings shall not control CON-
and ENGINEER's consultants in evaluating substitutions TRACTOR in dividing the Work among Subcontractors or
proposed by CONTRACTOR and in making changes in Suppliers or delineating the Work to be performed by any
the Contract Documents occasioned thereby. Whether or specific trade.
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of 6.11. All Work performed for CONTRACTOR by a Sub-
ENGINEER and ENGINEER's consultants for evaluat- contractor will be pursuant to an appropriate agreement
ing each proposed substitute. between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
Concerning Subcontractors, Suppliers and Others: OWNER and ENGINEER and contains waiver provisions
6.8.1. CONTRACTOR shall not employ any Subcon- as required by paragraph 5.11. CONTRACTOR shall pay
tractor, Supplierorotherperson ororganization (including each Subcontractor a just share of any insurance moneys
those acceptable to OWNER and ENGINEER as indi- received by CONTRACTOR on account of losses under pol-
cated in paragraph 6.8.21). whether initially or as a substi- icies issued pursuant to paragraphs 5.6 and 5.7.
tute, against whom OWNER or ENGINEER may have
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor, Supplier or other person or Patent Fees and Royalties:
organization to furnish or perform any of the Work against 6.12. CONTRACTOR shall pay all license fees and roy-
whom CONTRACTOR has reasonable objection. alties and assume all costs incident to the use in the perfor-
6.8.2. If the Supplementary Conditions require the mance of the Work or the incorporation in the Work of any
identity of certain Subcontractors. Suppliers or other per- invention, design, process, product or device which is the
sons or organizations (including those who are to furnish subject of patent rights or copyrights held by others. If a
the principal items of materials and equipment) to be sub- particular invention, design, process. product or device is
mitted to OWNER in advance of the specified date prior specified in the Contract Documents for use in the perfor-
to the Effective Date of the Agreement for acceptance by mance of the Work and if to the actual knowledge of OWN ER

or ENGINEER its use is subject to patent rights or copyrights place of the Project which are applicable during the perfor-
calling for the payment of any license fee or royalty to others, mance of the Work.
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone Use of Premises:
directly or indirectly employed by either of them from and 6.16. CONTRACTOR shall confine construction equip-
against all claims, damages, losses and expenses (including ment. the storage of materials and equipment and the oper-
attorneys' fees and court and arbitration costs) arising out of ations of workers to the Project site and land and areas iden-
any infringement of patent rights or copyrights incident to tified in and permitted by the Contract Documents and other
the use in the performance of the Work or resulting from the land and areas permitted by Laws and Regulations, rights-
incorporation in the Work of any invention, design. process, of-way, permits and easements. and shall not unreasonably
product or device not specified in the Contract Documents, encumber the premises with construction equipment or other
and shall defend all such claims in connection with any alleged materials or equipment. CONTRACTOR shall assume full
infringement of such rights. responsibility for any damage to any such land or area, or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Permits: Should any claim be made against OWNER or ENGINEER
6. 13. Unless otherwise provided in the Supplementary by any such owner or occupant because of the performance
Conditions. CONTRACTOR shall obtain and pay for all con- of the Work, CONTRACTOR shall promptly attempt to settle
struction permits and licenses. OWNER shall assist CON- with such other party by agreement or otherwise resolve the
TRACTOR. when necessary. in obtaining such permits and claim by arbitration or at law. CONTRACTOR shall, to the
licenses. CONTRACTOR shall pay all governmental charges fullest extent permitted by Laws and Regulations, indemnify
and inspection fees necessary for the prosecution of the Work, and hold OWNER and ENGINEER harmless from and against
which are applicable at the time of opening of Bids. or if there all claims, damages, losses and expenses (including. but not
are no Bids on the Effective Date of the Agreement. CON- limited to, fees of engineers, architects, attorneys and other
TRACTOR shall pay all charges of utility owners for con- professionals and court and arbitration costs) arising directly,
nections to the Work. and OWNER shall pay all charges of indirectly or consequentially out of any action. legal or equi-
such utility owners for capital costs related thereto such as table, brought by any such other party against OWNER or
plant investment fees. ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.

Laws and Regulations: 6.17. During the progress of the Work. CONTRACTOR
6.14.1. CONTRACTOR shall give all notices and shall keep the premises free from accumulations of waste
comply with all Laws and Regulations applicable to fur- materials, rubbish and other debris resulting from the Work.
nishing and performance of the Work. Except where oth- At the completion of the Work CONTRACTOR shall remove
erwise expressly required by applicable Laws and Regu- all waste materials, rubbish and debris from and about the
lations, neither OWNER nor ENGINEER shall be respon- premises as well as all tools, appliances. construction equip-
sible for monitoring CONTRACTOR's compliance with ment and machinery, and surplus materials. and shall leave
any Laws or Regulations. the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
6.14.2. If CONTRACTOR observes that the Specifi- designated for alteration by the Contract Documents.
cations or Drawings are at variance with any Laws or
Regulations, CONTRACTOR shall give ENGINEER 6.18. CONTRACTOR shall not load nor permit any part
prompt written notice thereof, and any necessary changes of any structure to be loaded in any manner that will endanger
will be authorized by one of the methods indicated in the structure. nor shall CONTRACTOR subject any part of
paragraph 3.4. If CONTRACTOR performs any Work the Work or adjacent property to stresses or pressures that
knowing or having reason to know that it is contrary to will endanger it.
such Laws or Regulations. and without such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri- Record Documents:
mary responsibility to make certain that the Specifications 6.19. CONTRACTOR shall maintain in a safe place at
and Drawings are in accordance with such Laws and the site one record copy of all Drawings. Specifications.
Regulations. Addenda. Written Amendments. Change Orders. Work
Directive Changes, Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
Taxes: order and annotated to show all changes made during con-
6.15. CONTRACTOR shall pay all sales. consumer. use struction.These record documents togetherwith all approved
and other similar taxes required to be paid by CONTRAC- samples and a counterpart of all approved Shop Drawings
TOR in accordance with the Laws and Regulations of the will be available to ENGINEER for reference. Upon com-

pletion of the Work. these record documents, samples and Emergencies:
Shop Drawings will be delivered to ENGINEER for OWNER. 6.22. 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
Safety and Protection: from ENGINEER or OWNER, is obligated to act to prevent
finitiating. threatened damage, injury or loss. CONTRACTOR shall give
I6.20. CONTRACTOR shall be responsible for initiating. ENGINEER prompt written notice if CONTRACTOR believes
maintaining and supervising all safety precautions and pro- that any significant changes in the Work or variations from

tak e all neces sary pin conn ection ith th e Work CONTRACTOR shall th e Contract Documents have been caused thereby. If ENGI-
take all necessary precautions for the safety of, and shall NEER determines that a change in the Contract Documents
Iprovide the necessary protection to prevent damage. injury is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
6.20. 1. all employees on the Work and other persons variations
and organizations who may be affected thereby;

6.20.2. all the Work and materials and equipment to Shop Drawings and Samples:
be incorporated therein. whether in storage on or off the 6.23. Aftercheckingandverifyingallfieldmeasurements
site: and and after complying with applicable procedures specified in
the General Requirements, CONTRACTOR shall submit to
6.20.3. other property at the site or adjacent thereto, ENGINEER for review and approval in accordance wit t
including trees, shrubs, lawns, walks, pavements, road- accepted schedule of Shop Drawing submissions (see para-
ways, structures utilities and Underground Facilities not graph 2.9), or for other appropriate action if so indicated in
designated for removal. relocation or replacement in the tgraph 2.9), or for other appro priate acti on if s o indicated in
course of construction. the Supplementary Conditions. five copies (unless o therwise
s p ecified in the General Requirements) of all Shop Draw ings,
which will bear a stamp or specific written indication that
CONTRACTOR shall comply with all applicable Laws and CONTRACTOR has satisfied CONTRACTOR's responsi-
Regulations of any public body having jurisdiction for the bilities under the Contract Documents with respect to the
safety of persons or property orto protect them from damage. review of the submission. All submissions will be identified
injury or loss: and shall erect and maintain all necessary as ENGINEER may require. The data shown on the Shop
safeguards for such safety and protection. CONTRACTOR Drawings will be complete with respect to quantities, dimen-
shall notify owners of adjacent property and of Underground sions, specified performance and design criteria, materials
Facilities and utility owners when prosecution of the Work and similar data to enable ENGINEER to review the infor-
may affect them. and shall cooperate with them in the pro- mation as required.
tection. removal. relocation and replacement of their prop-
erty. All damage, injury or loss to any property referred to 6.24. CONTRACTOR shall also submit to ENGINEER
in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly, for review and approval with such promptness as to cause
in whole or in part, by CONTRACTOR, any Subcontractor. no delay in Work, all samples required by the Contract Doc-
Supplier or any other person or organization directly or indi- uments. All samples will have been checked by and accom-
rectly employed by any of them to perform or furnish any of panied by a specific written indication that CONTRACTOR
the Work or anyone for whose acts any of them may be liable. has satisfied CONTRACTOR's responsibilities under the
shall be remedied by CONTRACTOR (except damage or loss Contract Documents with respect to the review of the sub-
attributable to the fault of Drawings or Specifications or to mission and will be identified clearly as to material, Supplier,
the acts or omissions of OWNER or ENGINEER or anyone pertinent data such as catalog numbers and the use for which
employed by either of them or anyone for whose acts either intended.
of them may be liable, and not attributable. directly or indi-
rectly, in whole or in part. to the fault or negligence of CON- 6.25.1. Before submission of each Shop Drawing or
TRACTOR). CONTRACTOR's duties and responsibilities sample CONTRACTOR shall have determined and veri-
for the safety and protection of the Work shall continue until fied all quantities, dimensions. specified performance cri-
such time as all the Work is completed and ENGINEER has teria. installation requirements, materials. catalog num-
issued a notice to OWNER and CONTRACTOR in accord- bers and similar data with respect thereto and reviewed
ance with paragraph 14.13 that the Work is acceptable (except or coordinated each Shop Drawing or sample with other
as otherwise expressly provided in connection with Substan- Shop Drawings and samples and with the requirements of
tial Completion). the Work and the Contract Documents.

6.21. CONTRACTOR shall designate a responsible rep- 6.25.2. At the time of each submission, CONTRAC-
resentative at the site whose duty shall be the prevention of TOR shall give ENGINEER specific written notice of each
accidents. This person shall be CONTRACTOR's superin- variation that the Shop Drawings or samples may have
tendent unless otherwise designated in writing by CON- from the requirements of the Contract Documents. and.
TRACTOR to OWNER. in addition. shall cause a specific notation to be made on

each Shop Drawing submitted to ENGINEER for review provided that any such claim, damage, loss or expense (a) is
and approval of each such variation. attributable to bodily injury, sickness. disease or death. or to
injury to or destruction of tangible property (other than the
6.26. ENGINEER will review and approve with reason- Work itself) including the loss of use resulting therefrom and
able promptness Shop Drawings and samples. but ENGI- (b) is caused in whole or in part by any negligent act or
NEER's review and approval will be only for conformance omission of CONTRACTOR, any Subcontractor. any person
with the design concept of the Project and for compliance ororganizationdirectlyorindirectlyemployedbyany ofthem
with the information given in the Contract Documents and to perform or furnish any of the Work or anyone for whose
shall not extend to means. methods, techniques. sequences acts any of them may be liable, regardless of whether or not
or procedures of construction (except where a specific means. it is caused in part by a party indemnified hereunder or arises
method. technique. sequence or procedure of construction is by or is imposed by Law and Regulations regardless of the
indicated in or required by the Contract Documents) or to negligence of any such party.
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate 6.31. In any and all claims against OWNER or ENGI-
approval of the assembly in which the item functions. CON- NEER or any of their consultants. agents or employees by
TRACTOR shall make corrections required by ENGINEER. any employee of CONTRACTOR. any Subcontractor. any
and shall return the required number of corrected copies of person or organization directly or indirectly employed by any
Shop Drawings and submit as required new samples for review of them to perform or furnish any of the Work or anyone for
and approval. CONTRACTOR shall direct specific attention whose acts any of them may be liable. the indemnification
in writing to revisions other than the corrections called for obligation under paragraph 6.30 shall not be limited in any
by ENGINEER on previous submittals. way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR
6.27. ENGINEER's review and approval of Shop Draw- or any such Subcontractor or other person or organization
ings or samples shall not relieve CONTRACTOR from under workers' or workmen's compensation acts. disability
responsibility for any variation from the requirements of the benefit acts or other employee benefit acts.
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the 6.32. The obligations of CONTRACTOR under para-
time of submission as required by paragraph 6.25.2 and graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER has given written approval of each such varia- ENGINEER's consultants, agents or employees arising out
tion by a specific written notation thereof incorporated in or of the preparation or approval of maps, drawings. opinions.
accompanying the Shop Drawing or sample approval; nor reports, surveys, Change Orders, designs or specifications.
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro- ARTICLE 7-OTHER WORK
visions of paragraph 6.25. 1.

6.28. Where a Shop Drawing or sample is required by the Related Work at Site:
Specifications. any related Work performed prior to ENGI- 7.1. OWNER may perform other work related to the Proj-
NEER's review and approval of the pertinent submission will ect at the site by OWNER's own forces. have other work
be the sole expense and responsibility, of CONTRACTOR. performed by utility owners or let otherdirect contracts therefor
which shall contain General Conditions similar to these. If
Continuing the Work: the fact that such other work is to be performed was not noted
in the Contract Documents, written notice thereof will be
6.29. CONTRACTOR shall carry on the Work and adhere given to CONTRACTOR prior to starting any such other
totheprogress schedule during all disputesor disagreemnts work; and. if CONTRACTOR believes that such perfor-
with OWN ER. No Work shall be delayed or postponed pend- mance will involve additional expense to CONTRACTOR or
ing resolution of any disputes or disagreements. except as requires additional time and the parties are unable to agree
permitted by paragraph 15.5 or as CONTRACTOR and as to the extent thereof, CONTRACTOR may make a claim
OWNER may otherwise agree in writing. therefor as provided in Articles 11 and 12.

7.2. CONTRACTOR shall afford each utility owner and
Indemnification: other contractor who is a party to such a direct contract (or
6.30. To the fullest extent permitted by Laws and Regu- OWNER, if OWNER is performing the additional work with
lations CONTRACTOR shall indemnify and hold harmless OWNER's employees) proper and safe access to the site and
OWNER and ENGINEER and their consultants. agents and a reasonable opportunity for the introduction and storage of
employees from and against all claims, damages. losses and materials and equipment and the execution of such work, and
expenses. direct, indirect or consequential (including but not shall properly connect and coordinate the Work with theirs.
limited to fees and charges of engineers, architects, attorneys CONTRACTOR shall do all cutting, fitting and patching of
and other professionals and court and arbitration costs) aris- the Work that may be required to make its several parts come
ing out of or resulting from the performance of the Work, together properly and integrate with such other work. CON-

TRACTOR shall not endanger any work of others by cutting. tures which have been utilized by ENGINEER in preparing
excavating or otherwise altering their work and will only cut the Drawings and Specifications.
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and 8.5. OWNER's responsibilities in respect of purchasing
responsibilities of CONTRACTOR under this paragraph are and maintaining liability and property insurance are set forth
for the benefit of such utility owners and other contractors in paragraphs 5.5 through 5.8.
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between 8.6. OWNER is obligated to execute Change Orders as
OWNER and such utility owners and other contractors. indicated in paragraph 10.4.

7.3. If anv part of CONTR.ACTOR's W'ork depends for 8.7,. OWNER's responsibility in respect of certain
proper execution or results upon the work of any such other inspections tests and approvals is set forth in paragraph 13.4.
contractor or utility owner (or OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing 8.8. In connection with OWNERs right to stop Work or
any delays. defects or deficiencies in such work that render suspend Work. seeparagraphs 13.10and 1. 1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
it unavailable or unsuitable for such proper execution and deals with OWNER's right to terinate services
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other v ork as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work. ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Coordination: CONSTRUCTION
7.4. If OWNER contracts with others for the perfor- Owner's Representative:
mance of other work on the Project at the site. the person or 9.1. ENGINEER will be OWNER's representative dur-
organization who will have authority and responsibility for ing the construction period. The duties and responsibilities
coordination of the activities among the various prime con- and the limitations of authority of ENGINEER as OWNER's
tractors will be identified in the Supplementary Conditions, representative during construction are set forth in the Con-
and the specific matters to be covered by such authority) and tract Documents and shall not be extended without written
responsibility will be itemized, and the extent of such author- consent of OWNER and E?'GINEER.
ity and responsibilities will be provided, in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions, neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination. 9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
ARTICLE 8-OWNER'S RESPONSIBILITIES mine, in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections to check
8.1. OWNER shall issue all communications to CON- the quality or quantity of the Work. ENGINEER's efforts
TRACTOR through ENGINEER. will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
8.2. In case of termination of the employment of ENGI- Contract Documents. On the basis of such visits and on-site
NEER, OWNER shall appoint an engineer against whom observations as an experienced and qualified design profes-
CONTRACTOR makes no reasonable objection. whose sta- sional. ENGINEER will keep OWNER informed of the prog-
tus under the Contract Documents shall be that of the former ress of the Work and will endeavor to guard OWNER against
ENGINEER. Any dispute in connection with such appoint- defects and deficiencies in the Work.
ment shall be subject to arbitration.

8.3. OWNER shall furnish the data required of OWNER Project Representation:

ments to CONTRACTOR promptly after they are due as will furnish a Resident Project Representative to assist
provided in paragraphs 14.4 and 14.13. ENGINEER in observing the performance of the Work. The
duties, responsibilities and limitations of authority of any
8.4. OWNER's duties in respect of providing lands and such Resident Project Representative and assistants will be
easements and providing engineering surveys to establish as provided in the Supplementary Conditions. If OWNER
reference points are set forth in paragraphs 4.1 and 4.4. Para- designates another agent to represent OWNER at the site
graph 4.2 refers to OWNER's identifying and making avail- who is not ENGINEER's agent or employee, the duties,
able to CONTRACTOR copies of reports of explorations and responsibilities and limitations of authority of such other
tests of subsurface conditions at the site and in existing struc- person will be as provided in the Supplementary Conditions.

Clarifications and Interpretations: to ENGINEER written notice of intention to appeal from
9.4. ENGINEER will issue with reasonable promptness such a decision.
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings Decisions on Disputes:
or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the 9.11. ENGINEER will be the initial interpreter of the
overall intent of the Contract Documents. If CONTRACTOR requirements of the Contract Documents and judge of the
believes that a written clarification or interpretation justifies acceptability of the Work thereunder. Claims, disputes and
an increase in the Contract Price or an extension of the other matters relating to the acceptability of the Work or the
Contract Time and the parties are unable to agree to the interpretation of the requirements of the Contract Documents
amount or extent thereof. CONTRACTOR may make a claim pertaining to the performance and furnishing of the Work and
therefor as provided in Article II or Article 12. claims under Articles I and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
Authorized Variations in Uork: in accordance with this paragraph, which ENGINEER will
9.5. ENGINEER may authorize minor variations in the render in writing within a reasonable time. Written notice of
Work from the requirements of the Contract Documents which each such claim, dispute and other matter will be delivered
do not involve an adjustment in the Contract Price or the by the claimant to ENGINEER and the other party to the
Contract Time and are consistent with the overall intent of Agreement promptly (but in no event later than thirty days)
the Contract Documents. These ma y be accomplished by a after the occurrence of the event giving rise thereto. and
Field Order and will be binding on OWNER, and also on written supporting data will be submitted to ENGINEER and
CONTRACTOR who shall perform the Work involved the other party within sixty days after such occurrence unless
promptly. If CONTRACTOR believes that a Field Order ENGINEER allows an additional period of time to ascertain
justifies an increase in the Contract Price or an extension of more accurate data in support of the claim.
the Contract Time and the parties are unable to agree as to
the amount or extent thereof. CONTRACTOR may make a 9.12. When functioning as interpreter and judge under
claim therefor as provided in Article I1 or 12. paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
Rejecting Defective Work: good faith in such capacity. The rendering of a decision by
9.6. ENGINEER will have authority to disapprove or ENGINEERpursuant to paragraphs 9.10 and 9.11 with respect
reject Work which ENGINEER believes to be defective, and to any such claim, dispute or other matter (except any which
will also have authority to require special inspection or testing have been waived by the making or acceptance of final pay-
of the Work as provided in paragraph 13.9, whether or not ment as provided in paragraph 14.16) will be a condition
the Work is fabricated, installed or completed. precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
Shop Drawings, Change Orders and Payments: of any such claim, dispute or other matter.
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.23 through
6.29 inclusive, Limitations on ENGINEER's Responsibilities:
9.13. Neither ENGINEER's authority to act under this
9.8. In connection with ENGINEER's responsibilities as Article 9 or elsewhere in the Contract Documents nor any
to Change Orders, see Articles 10, 1 I and 12. decision made by ENGINEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
9.9. In connection with ENGINEER's responsibilities in responsibility of ENGINEER to CONTRACTOR. any Sub-
respect of Applications for Payment, etc., see Article 14. contractor, any Supplier. or any other person or organization
performing any of the Work, or to any surety for any of them.

Determinationsfor LUnit Prices: 9.14. Whenever in the Contract Documents the terms 'as
9.10. ENGINEER will determine the actual quantities ordered", "as directed". "as required". "as allowed", "as
and classifications of Unit Price Work performed by CON- approved" or terms of like effect or import are used. or the
TRACTOR. ENGINEER will review with CONTRACTOR adjectives "reasonable"., "suitable", "acceptable", "proper"
ENGINEER's preliminary determinations on such matters or "satisfactory" or adjectives of like effect or import are
before rendering a written decision thereon (by recommen- used to describe a requirement. direction. review orjudgment
dation of an Application for Payment or otherwise). ENGI- of ENGINEER as to the Work, it is intended that such
NEER's written decisions thereon will be final and binding requirement, direction, review or judgment will be solely to
upon OWNER and CONTRACTOR. unless. within ten days evaluate the Work for compliance with the Contract Docu-
after the date of any such decision. either OWNER or CON- ments (unless there is a specific statement indicating other-
TRACTOR delivers to the other party to the Agreement and wise). The use of any such term or adjective shall not be

effective to assign to ENGINEER any duty or authority to 10.4.3. changesintheContractPriceorContractTime
supervise or direct the furnishing or performance of the Work which embody the substance of any written decision ren-
or any duty or authority to undertake responsibility contrary dered by ENGINEER pursuant to paragraph 9. 11;
to the provisions of paragraph 9.15 or 9.16. provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in accordance
9.15. ENGINEER will not be responsible for CON- with the provisions of the Contract Documents and applicable
TRACTOR's means. methods, techniques, sequences or pro- Laws and Regulations, but during any such appeal. CON-
cedures of construction, or the safety precautions and pro- TRACTOR shall carry on the Work and adhere to the prog-
grams incident thereto, and ENGINEER will not be respon- ress schedule as provided in paragraph 6.29.
sible for CONTRACTOR's failure to perform or furnish the
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
9. 16. ENGINEjR will not be responsible for the acts or (including, but not limited to, Contract Price or Contract
omissions of CONTRACTOR or of any Subcontractor, any Time) is required by the provisions of any Bond to be given
Supplier. or of any other person or organization performing to a surety, the giving of any such notice will be CONTRAC-
or furnishing any' of the Work. TOR's responsibility, and the amount of each applicable Bond
will be adjusted accordingly.

ARTICLE 10-CHANGES IN THE WORK
ARTICLE 1I--CHANGE OF CONTRACT PRICE
10.1. Without invalidating the Agreement and without notice
to any surety, OWNER may. at any time or from time to 11.1. The Contract Price constitutes the total compen-
time, order additions, deletions or revisions in the Work: sation (subject to authorized adjustments) payable to CON-
these will be authorized by a Written Amendment. a Change TRACTOR for performing the Work. All duties. responsibil-
Order, or a Work Directive Change. Upon receiptofansuch iies and obligations assigned to or undertaken by CON-
document, CONTRACTOR shall promptly proceed with the TRACTOR shall be at his expense without change in the
Work involved which will be performed under the applicable Contract Price.
conditions of the Contract Documents (except as otherwise
specifically provided). 11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
10.2. If OWNER and CONTRACTOR are unable to agree or decrease in the Contract Price shall be based on written
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any, of an increase or decrease in the notice delivered by the party making the claim to the other
Contract Price or an extension or shortening of the Contract party and to ENGINEER promptly (but in no event later than

Change, a claim may be made thearesfor as prov ided in Aicle the claim and stating the general nature of the claim. Notice
T hang e, a c aima be a de thirty days) after the occurrence of the event giving rise to
Change a claim may be made therefor as provided in Article 12. of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
10.3. CONTRACTOR shall not be entitled to an increase
in 10.3. CONTRACTORsha l lxnotbeentittledtoanincrease more accurate data in support of the claim) and shall be
in the Contract Price or an extension of the Contract Time accompanied by claimant's written statement that the amount
with respect to any Work performed that is not required by claimed covers all known amounts (direct, indirect and con-
the Contract Documents as amended. modified and supple- sequential) to which the claimant is entitled as a result of the
mented as provided in paragraphs 3.4 and 3.5. except in the occurrence of said event. All claims for adjustment in the
I case of an emergency as provided in paragraph 6.22 and Contract Price shall be determined by ENGINEER in accor-
except in the case of uncovering Work as provided in para- dance with paragraph 9.11 if OWNER and CONTRACTOR
graph 13.9. cannot otherwise agree on the amount involved. No claim
for an adjustment in the Contract Price will be valid if not
10.4. OWNER and CONTRACTOR shall execute appro- submitted in accordance with this paragraph 11.2.
priate Change Orders (or Written Amendments) covering:
11.3. The value of any Work covered by a Change Order
10.4.1. changes in the Work which are ordered by or of any claim for an increase or decrease in the Contract
OWNER pursuant to paragraph 10. 1, are required because Price shall be determined in one of the following ways:
of acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or are 11.3.1. Where the Work involved is covered by unit
agreed to by the parties: prices contained in the Contract Documents, by applica-
tion of unit prices to the quantities of the items involved
10.4.2. changes in the Contract Price or Contract Time (subject' to the provisions of paragraphs 11.9. I. through
which are agreed to by the parties: and 11.9.3, inclusive).

11.3.2. By mutual acceptance of a lump sum (which to the other provisions of the Contract Documents insofar
may include an allowance for overhead and profit not as applicable.
necessarily in accordance with paragraph 11.6.2. 1).
11.4.4. Costs of special consultants (including but not
11.3.3. On the basis of the Cost of the Work (deter- limited to engineers, architects, testing laboratories. sur-
mined as provided in paragraphs 11.4 and 11.5) plus a veyors. attorneys and accountants) employed for services
CONTRACTOR's Fee for overhead and profit (deter- specifically related to the Work.
mined as provided in paragraphs 11.6 and 11.7).
11.4.5. Supplemental costs including the following:

Cost of the a ork-: 11.4.5.1. The proportion of necessary transporta- |
tion. travel and subsistence expenses of CONTRAC-
11.4. The term Cost of the Work means the sum of all TOR's employees incurred in discharge of duties con-
costs necessarily incurred and paid by CONTRACTOR in nected with the Work.
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be 11... Cost. including transportation and main-
in amounts no higher than those prevailing in the locality of tenance. of all materials, supplies, equipment. machin-
the Project. shall include only the following items and shall ery. appliances, office and temporary facilities at the
not include any of the costs itemized in paragraph 11.5: site and hand tools not owned by the workers, which
are consumed in the performance of the Work. and cost
11.4.1 . Payroll costs for employees in the direct employ less market value of such items used but not consumed
of CONTRACTOR in the performance of the Work under which remain the property of CONTRACTOR.
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not 11.4.5.3. Rentalsofall construction equipment and
employed full time on the Work shall be apportioned on machinery and the parts thereof whether rented from
the basis of their time spent on the Work, Payroll costs CONTRACTOR or others in accordance with rental
shall include, but not be limited to. salaries and wages agreements approved by OWNER with the advice of
plus the cost of fringe benefits which shall include social ENGINEER, and the costs of transportation, loading,
security contributions. unemployment, excise and payroll unloading, installation, dismantling and removal
taxes. workers' or workmen's compensation, health and thereof-all in accordance with terms of said rental
retirement benefits, bonuses, sick leave, vacation and hol- agreements. The rental of any such equipment, machin-
iday pay applicable thereto. Such employees shall include ery or parts shall cease when the use thereof is no longer
superintendents and foremen at the site. The expenses of necessary for the Work.
performing Work after regular working hours, on Satur-
day. Sunday or legal holidays, shall be included in the 11.4.5.4. Sales, consumer, use or similar taxes
above to the extent authorized by OWNER. related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans- 11.4.5.5. Deposits lost for causes other than negli-
portation and storage thereof, and Suppliers' field services gence of CONTRACTOR, any Subcontractor or any-
required in connection therewith. All cash discounts shall one directly or indirectly employed by any of them or
accrue to CONTRACTOR unless OWNER deposits funds for whose acts any of them may be liable. and royalty
with CONTRACTOR with which to make payments, in payments and fees for permits and licenses.
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and all returns 11.4.5.6. Losses and damages (and related
from sale of surplus materials and equipment shall accrue expenses). not compensated by insurance or otherwise.
to OWNER, and CONTRACTOR shall make provisions to the Work or otherwise sustained by CONTRACTOR
so that they may be obtained. in connection with the performance and furnishing of
the Work (except losses and damages within the
11.4.3. Payments made by CONTRACTOR to the deductible amounts of property insurance established
Subcontractors for Work performed by Subcontractors. by OWNER in accordance with paragraph 5.9). pro-
If required by OWNER, CONTRACTOR shall obtain vided they have resulted from causes other than the
competitive bids from Subcontractors acceptable to CON- negligence of CONTRACTOR, any Subcontractor, or
TRACTOR and shall deliver such bids to OWNER who anyone directly or indirectly employed by any of them
will then determine. with the advice of ENGINEER. which or for whose acts any of them may be liable. Such
bids will be accepted. If a subcontract provides that the losses shall include settlements made with the written
Subcontractor is to be paid on the basis of Cost of the consent and approval of OWNER. No such losses.
Work Plus a Fee, the Subcontractor's Cost of the Work damages and expenses shall be included in the Cost of
shall be determined in the same manner as CONTRAC- the Work for the purpose of determining CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject TOR's Fee. If, however, any such loss or damage

requires reconstruction and CONTRACTOR is placed CONTRACTOR's Fee:
in charge thereof, CONTRACTOR shall be paid for 11.6. The CONTRACTOR's Fee allowed to CONTRAC-
services a fee proportionate to that stated in paragraph TOR for overhead and profit shall be determined as follows:
1 1.6.2.
. 11.6.1. a mutually acceptable fixed fee: or if none can
11.4.5.7. The cost of utilities. fuel and sanitary beagreedupon
facilities at the site. be agreed upon,

11.4.5.8, Minor expenses such as telegrams. long
11.4.5.8. Min~or expenses such as telegrams, long 11.6.2. a fee based on the following percentages of the
distance telephone calls. telephone service at the site. various portions of the Cost of the Work:
expressage and similar petty cash items in connection
*ith the Work. 11.6.2. 1. for costs incurred under paragraphs 11.4.1
and 11.4.2. the CONTRACTOR's Fee shall be fifteen
11.4.5.9. Cost of premiums for additional Bonds percent;
and insurance required because of changes in the Work
and premiums for property insurance coverage within 11.6.2.2. for costs incurred under paragraph 11.4.3.
the limits of the deductible amounts established by the CONTRACTOR's Fee shall be five percent: and if
OWNER in accordance with paragraph 5.9. a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
11.5. The term Cost of the Work shall not include any of account of overhead and profit of all Subcontractors
the following: shall be fifteen percent;

11.5.1. PyrolcostsandothercopensationofCON- 11.6.2.3. no fee shall be payable on the basis of
TRACTOR's officers. executives. principals (of partner- costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5:
ship and sole proprietorships). general managers. engi-
neers, architects. estimators. attorneys, auditors. accoun- 11.6.2.4. the amount of credit to be allowed by
tants. purchasing and contracting agents. expeditors, CONTRACTOR toOWNERforanysuchchangewhic
timekeepers. clerks and other personnel employed by results in a net decrease in cost will be the amount of
CONTRACTOR whether at the site or in CONTRAC- the actual net decrease plus a deduction in CONTRAC-
TOR's principal or a branch office for general administra- TOR's Fee by ar amount equal to ten percent of the
tion of the Work and not specifically included in the agreed net decrease, and
upon schedule of job classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph 11.4.4- 11.6.2.5. when both additions and credits are
all of which are to be considered administrative costs involved in any one change, the adjustment in CON-
covered by the CONTRACTOR's Fee.
covered by the CONTRACTOR's Fee. TRACTOR's Fee shall be computed on the basis of the
11.5.2. Expenses of CONTRACTOR's principal and net change in accordance with paragraphs 11.6.2.1
1 1.5.2.Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the through 11.6.2.4. inclusive.
I site. 11.7. Whenever the cost of any Work is to be determined
11.5.3. Any partofCONTRACTOR's capital expenses. pursuant to paragraph 11.4 or 11.5, CONTRACTOR will
including interest on CONTRACTOR'S capital employed submit in form acceptable to ENGINEER an itemized cost
for the Work and charges against CONTRACTOR for breakdown together with supporting data.
delinquent payments.
Cash Allowances:
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by 11.8. It is understood that CONTRACTOR has included
the Contract Documents to purchase and maintain the in the Contract Price all allowances so named in the Contract
same (except for the cost of premiums covered by sub- Documents and shall cause the Work so covered to be done
paragraph 1 1.4.5.9 above). by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
11.5.5. Costs due to the negligence of CONTRAC- NEER. CONTRACTOR agrees that:
TOR. any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them 11.8.1. The allowances include the cost to CON-
may be liable, including but not limited to. the correction TRACTOR (less any applicable trade discounts) of mate-
of defictive Work, disposal of materials or equipment rials and equipment required by the allowances to be deliv-
wrongly supplied and making good any damage to prop- ered at the site. and all applicable taxes: and
erty.
erty. 11.8.2. CONTRACTOR's costs for unloading and
11.5.6. Other overhead or general expense costs of handling on the site. labor, installation costs, overhead.
any kind and the costs of any item not specifically and profit and other expenses contemplated for the allowances
expressly included in paragraph 11.4. have been included in the Contract Price and not in the

allowances. No demand for additional payment on account shall be determined by ENGINEER in accordance with para-I
of any thereof will be valid. graph 9. 11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
Prior to final payment, an appropriate Change Order will be be valid if not submitted in accordance with the requirementsI
issued as recommended by ENGINEER to reflect actual of this paragraph 12. I.
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond- 12.2. The Contract Time will be extended in an amount
ingly adjusted. equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
Unit Price Work: ~~~~~~~~graph 12.1I. Such delays shall include, but not be limited to,
Unit Price 1i'ork: ~~~~~~acts or neglect by OWNER or others performing additional
1 1.9. 1. Where the Contract Documents provide that work as contemplated by Article 7, or to fires, floods, laborI
all or part of the Work is to be Unit Price Work, initially disputes, epidemics, abnormal weather conditions or acts of
the Contract Price will be deemed to include for all Unit God.
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price 12.3. All time limits stated in the Contract DocumentsI
Work times the estimated quantity of each item as indi- are of the essence of the Agreement. The provisions of this
cated in the Agreement. The estimated quantities of items Article 12 shall not exclude recovery for damages (including
of Unit Price Work are not guaranteed and are solely for but not limited to fees and charges of engineers, architects,I
the purpose of comparison of Bids and determining an attorneys and other professionals and court and arbitration
initial Contract Price. Determinations of the actual quan- costs) for delay by either party.
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-I
dance with Paragraph 9. 10.
11.9.2. Each unit price will be deemed to include an ARTICLE 13-WARRANTY AND GUARANTEE;
amount considered by CONTRACTOR to be adequate to TESTS AND INSPECTIONS;
cover CONTRACTOR's overhead and profit for each sep- CORRECTION, REMOVAL OR
arately identified item. ACCEPTANCE OF DEFECTIVE WORK
11.9.3. Where the quantity of any item of Unit PriceI
Work performed by CONTRACTOR differs materially Warranty and Guarantee:
and significantly from the estimated quantity of such item 13. 1. CONTRACTOR warrants and guarantees to
indicated in the Agreement and there is no corresponding OWNER and ENGINEER that all Work will be in accor-I
adjustment with respect to any other item of Work and if dance with the Contract Documents and will not be defective.
CONTRACTOR believes that CONTRACTOR has Prompt notice of all defects shall be given to CONTRAC-
incurred additional expense as a result thereof, CON- TOR. All defective Work, whether or not in place, may be
TRACTOR may make a claim for an increase in the Con- rejected, corrected or accepted as provided in this Article 13.I
tract Price in accordance with Article I I if the parties are
unable to agree as to the amount of any such increase.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives,I
ARTICLE 12-CHANGE OF CONTRACT TIME other representatives of OWNER, testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation, inspecting
12. 1. The Contract Time may only be changed by a Change and testing. CONTRACTOR shall provide proper and safe
Order or a Written Amendment. Any claim for an extension conditions for such access.
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other TssadInsetos
party and to ENGINEER promptly (but in no event later than Tssadisetos
thirty days) after the occurrence of the event giving rise to 13.3. CONTRACTORshalIgiveENGINEERtimelynotice
the claim and stating the general nature of the claim. Notice of readiness of the Work for all required inspections, tests or
of the extent of the claim with supporting data shall be deliv- approvals.I
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more 13.4. If Laws or Regulations of any public body having
accurate data in support of the claim) and shall be accom- jurisdiction require any Work (or part thereof) to specifically
panied by the claimant's written statement that the adjust- be inspected, tested or approved, CONTRACTOR shallI
ment claimed is the entire adjustment to which the claimant assume full responsibility therefor. pay all costs in connection
has reason to believe it is entitled as a result of the occurrence therewith and furnish ENGINEER the required certificates
of said event. All claims for adjustment in the Contract Time of inspection, testing or approval. CONTRACTOR shall alsoI
24

be responsible for and shall pay all costs in connection with thereof, CONTRACTOR may make a claim therefor as pro-
any inspection or testing required in connection with OWN- vided in Articles 11 and 12.
ER's or ENGINEER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work, or of Owner May Stop the Work:
materials or equipment submitted for approval prior to CON- 13.10. If the Work is defectiie, or CONTRACTOR fails
TRACTOR's purchase thereof for incorporation in the Work.
TRACTOR's purchase thereof for incorporation in the Work to supply sufficient skilled workers or suitable materials or
The cost of all inspections, tests and approvals in addition to equipment, or fails to furnish or perform the Work in such a
the above which are required by the Contract Documents way that the completed Work will conform to the Contract
shall be paid by OWNER (unless otherwise specified). Documents. OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order
13.5. All inspections. tests or approvals other than those has been eliminated; however, this right of OWNER to stop
required by Laws or Regulations of any public body having the Work shall not give rise to any duty on the part of OWNER
jurisdiction shall be performed by organizations acceptable to exercise this right for the benefit of CONTRACTOR or
to OWNER and CONTRACTOR (or by ENGINEER if so any other party.
specified).

13.6. If any Work (including the work of others) that is Correction or Removal ofDefective Work:
to be inspected. tested or approved is covered without written 13.11. If required by ENGINEER, CONTRACTOR shall
concurrence of ENGINEER. it must, if requested by ENGI- promptly, as directed, either correct all defiective Work,
NEER, be uncovered for observation. Such uncovering shall whether or not fabricated, installed or completed. or, if the
be at CONTRACTOR's expense unless CONTRACTOR has Work has been rejected by ENGINEER. remove it from the
given ENGINEER timely notice of CONTRACTOR's inten- site and replace it with nondefective Work. CONTRACTOR
tion to cover the same and ENGINEER has not acted with shall bear all direct, indirect and consequential costs of such
reasonable promptness in response to such notice. correction or removal (including but not limited to fees and
charges of engineers, architects, attorneys and other profes-
13.7. Neither observations by ENGINEER nor inspec- sionals) made necessary thereby.
tions, tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents. One Year Correcton Perod:
1 in accordance with the Contract Documents. 13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
Uncovering Work: cable special guarantee required by the Contract Documents
13.8. If any Work is covered contrary to the written request or by any specific provision of the Contract Documents, any
of ENGINEER, it must, if requested by ENGINEER, be Work is found to be defective. CONTRACTOR shall promptly,
uncovered for ENGINEER's observation and replaced at without cost to OWNER and in accordance with OWNER's
CONTRACTOR's expense. written instructions, either correct such defective Work, or,
if it has been rejected by OWNER, remove it from the site
13.9. If ENGINEER considers it necessary or advisable and replace it with nondefective Work. If CONTRACTOR
that covered Work be observed by ENGINEER or inspected does not promptly comply with the terms of such instructions,
I or tested by others, CONTRACTOR. at ENGINEER's or in an emergency where delay would cause serious risk of
request, shall uncover. expose or otherwise make available loss or damage, OWNER may have the defective Work cor-
for observation, inspection or testing as ENGINEER may rected or the rejected Work removed and replaced. and all
require. that portion of the Work in question, furnishing all direct, indirect and consequential costs of such removal and
necessary labor. material and equipment. If it is found that replacement (including but not limited to fees and charges of
such Work is defective. CONTRACTOR shall bear all direct, engineers, architects, attorneys and other professionals) will

sure. observation. inspection and testing and of satisfactory a particular item of equipment is placed in continuous service
reconstruction, (including but not limited to fees and charges before Substantial Completion of all the Work, the correction
of engineers, architects. attorneys and other professionals), period for that item may start to run from an earlier date if
and OWNER shall be entitled to an appropriate decrease in so provided in the Specifications or by Written Amendment.
the Contract Price, and, if the parties are unable to agree as
to the amount thereof, may make a claim therefor as provided
in Article II. If, however. such Work is not found to be Acceptance of Defective Work:
deJective, CONTRACTOR shall be allowed an increase in 13.13. If, instead of requiring correction or removal and
the Contract Price or an extension of the Contract Time, or replacement of defective Work, OWNER land. prior to
both, directly attributable to such uncovering. exposure, ENGINEER's recommendation of final payment. also
observation, inspection. testing and reconstruction: and, if ENGINEER) prefers to accept it, OWNER may do so. CON-
the parties are unable to agree as to the amount or extent TRACTOR shall bear all direct, indirect and consequential

costs attributable to OWNER's evaluation of and determi- ARTICLE 14-PAYMENTS TO CONTRACTOR AND
nation to accept such defective Work (such costs to be approved COMPLETION
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers, architects, attor- Schedule of Values:
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment. a 14. 1. The schedule of values established as provided in
Change Order will be issued incorporating the necessary revi- paragraph 2.9 will serve as the basis for progress payments
sions in the Contract Documents ' ith respect to the Work; and will be incorporated into a form of Application for Pay-
and OWNER shall be entitled to an appropriate decrease in ment acceptable to ENGINEER. Progress payments on
the Contract Price. and. if the parties are unable to agree as account of Unit Price Work will be based on the number of
to the amount thereof. OWNER may make a claim therefor units completed.
as provided in Article I 1. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by Application for Progress Payment:
CONTRACTOR to OWNER.
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
OWN}^:ER aMlay Correct Defective lWoork: cation for Payment filled out and signed by CONTRACTOR
13.14 If C(ONTRACTOR fails within a reasonable time coveringthe Work completed as of the date of the Application
after written notice of ENGINEER to proceed to correct and required by the Contract D ocument ation s is
required by the Contract Documents. If payment is requested
to correct ds/ 'triv e Work or to remove and replace rejected
on the basis of materials and equipment not incorporated in
reWork as required by ENGI:N<.EER in accordance with para- the Work but delivered and suitably stored at the site or at
graph 13.1 1. or if CONTRACTOR fail" to perform the Work another location agreed to in writing. the Application for
in accordance with the Contract Documents, or if CON- Payment shall also be accompanied by a bill of sale. invoice
TRACTOR fails to comply x ith any other p; ox ision of the or other documentation warranting that OWNER has received
Contract Documents. OWNER may. after seven dabys' writ- the materials and equipment free and clear of all liens, charges.
ten notice to CONTRACTOR. correct and rermedv any such security interests and encumbrances (which are hereinafter
deficiency. In exercising the rights and remedies under this in these General Conditions referred to as 'Liens") and
paragraph OWNER shall proceed expeditiously. To the extent evidence that the materials and equipment are covered by
necessary to complete corrective and remedial action. OWNER appropriate property insurance and other arrangements to
may exclude CONTRACTOR from all or part of the site, take protect OWNER's interest therein, all of which will be sat-
possession of all or part of the Work, and suspend CON- isfactory to OWNER. The amount of retainage with respect
TRACTOR's services related thereto, take possession of to progress payments will be as stipulated in the Agreement.
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 CONTRACTOR's Warranty of Title:
has paid CONTRACTOR but which are stored elsewhere. 14.3. CONTRACTOR warrants and guarantees that title
CONTRACTOR shall allow OWNER, OWNER's represen- to all Work, materials and equipment covered by any Appli-
tatives, agents and employees such access to the site as may cation for Payment, whether incorporated in the Project or
be necessary to enable OWNER to exercise the rights and will pass to OWNER no later than the time of payment
remedies under this paragraph. All direct, indirect and con- free and clear of all Liens.
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER, and a Change Review of Applications for Progress Payment:
Order will be issued incorporating the necessary revisions in 14.4. ENGINEER will, within ten days after receipt of
the Contract Documents with respect to the Work: and each Application for Payment. either indicate in writing a
OWNER shall be entitled to an appropriate decrease in the recommendation of payment and present the Application to
Contract Price. and, if the parties are unable to agree as to OWNER, or return the Application to CONTRACTOR indi-
the amount thereof. OWNER may make a claim therefor as cating in writing ENGINEER's reasons for refusing to rec-
provided in Article I 1. Such direct. indirect and consequen- ommend payment. In the latter case. CONTRACTOR may
tial costs will include but not be limited to fees and charges make the necessary corrections and resubmit the Applica-
of engineers, architects, attorneys and other professionals, tion. Ten days after presentation of the Application for Pay-
all court and arbitration costs and all costs of repair and ment with ENGINEER's recommendation, the amount rec-
replacement of work of others destroyed or damaged by ommended will (subject to the provisions of the last sentence
correction, removal or replacement of CONTRACTOR's of paragraph 14.7) become due and when due will be paid by
defective Work. CONTRACTOR shall not be allowed an OWNER to CONTRACTOR.
extension of the Contract Time because of any delay inper-
formance ofthe Work attributable to the exercise by OWNER 14.5. ENGINEER's recommendation of any payment
of OWNER's rights and remedies hereunder. requested in an Application for Payment will constitute a

representation by ENGINEER to OWNER, based on ENGI- OWNER to a set-off against the amount recommended, but
NEER's on-site observations of the Work in progress as an OWNER must give CONTRACTOR immediate written notice
experienced and qualified design professional and on ENGI- (with a copy to ENGINEER) stating the reasons for such
NEER's revieNw of the Application for Payment and the action.
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that, to the best of ENGI-
NEER's knowledge. information and belief. the quality of SubstantialCompletion:
the Work is in accordance with the Contract Documents 14.8. When CONTRACTOR considers the entire Work
(subject to an evaluation of the Work as a functioning whole ready for its intended use CONTRACTOR shall notify
prior to or upon Substantial Completion, to the results of any OWNER and ENGINEER in writing that the entire Work is
subsequent tests called for in the Contract Documents, to a substantially complete (except for items specifically listed by
final determination of quantities and classifications for Unit CONTRACTOR as incomplete) and request that ENGI-
Price Work under paragraph 9.10. and to any other qualifi- NEER issue a certificate of Substantial Completion. Within
cations stated in the recommendation): and that CONTRAC- a reasonable time thereafter, OWNER. CONTRACTOR and
TOR is entitled to payment of the amount recommended. ENGINEER shall make an inspection of the Work to deter-
However. by recommending any such payment ENGINEER mine the status of completion. If ENGINEER does not con-
will not thereby be deemed to have represented that exhaus- sider the Work substantially complete, ENGINEER will notify
tive or continuous on-site inspections have been made to CONTRACTOR in writing giving the reasons therefor. If
check the quality or the quantity of the Work beyond the ENGINEER considers the Work substantially complete,
responsibilities specifically assigned to ENGINEER in the ENGINEER will prepare and deliver to OWNER a tentative
Contract Documents or that there may not be other matters certificate of Substantial Completion which shall fix the date
or issues between the parties that might entitle CONTRAC- of Substantial Completion. There shall be attached to the
TOR to be paid additionally by OWNER or OWNER to certificate a tentative list of items to be completed or cor-
withhold payment to CONTRACTOR. rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
14.6. ENGINEER's recommendation of final payment written objection to ENGINEER as to any provisions of the
will constitute an additional representation by ENGINEER certificate or attached list. If, after considering such objec-
to OWNER that the conditions precedent to CONTRAC- tions, ENGINEER concludes that the Work is not substan-
TOR's being entitled to final payment as set forth in paragraph tially complete, ENGINEER will within fourteen days after
14.13 have been fulfilled. submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
14.7. ENGINEER may refuse to recommend the whole after consideration of OWNER's objections, ENGINEER
or any part of any payment if, in ENGINEER's opinion. it considers the Work substantially complete, ENGINEER will
would be incorrect to make such representations to OWNER. within said fourteen days execute and deliver to OWNER
ENGINEER may also refuse to recommend any such pay- and CONTRACTOR a definitive certificate of Substantial
ment, or, because of subsequently discovered evidence or Completion (with a revised tentative list of items to be com-
the results of subsequent inspections or tests, nullify any such pleted or corrected) reflecting such changes from the tentative
payment previously recommended, to such extent as may be certificate as ENGINEER believes justified after consider-
necessary in ENGINEER's opinion to protect OWNER from ation of any objections from OWNER. At the time of delivery
loss because: of the tentative certificate of Substantial Completion ENGI-
NEER will deliver to OWNER and CONTRACTOR a written
14.7.1. the Work is defe(tie, or completed Work has recommendation as to division of responsibilities pending
been damaged requiring correction or replacement, final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance. heat.
14.7.2. the Contract Price has been reduced by Writ- utilities, insurance and warranties. Unless OWNER and
ten Amendment or Change Order. CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
14.7.3. OWNER has been required to correct defec- certificate of Substantial Completion, ENGINEER's afore-
tive Work or complete Work in accordance with paragraph said recommendation will be binding on OWNER and CON-
13.14, or TRACTOR until final payment.

14.7.4. of ENGINEER's actual knowledge of the 14.9. OWNER shall have the right to exclude CON-
occurrence of any of the events enumerated in paragraphs TRACTOR from the Work after the date of Substantial Com-
15.o2.1 through 15.2.9 inclusive. pletion, but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
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 per- Partial Utilization:
formance or furnishing of the Work or Liens have been filed 14.10. Use by OWNER of any finished part of the Work.
in connection with the Work or there are other items entitling which has specifically been identified in the Contract Docu-

ments, or which OWNER, ENGINEER and CONTRAC- 14.10.3. No occupancy or separate operation of part
TOR agree constitutes a separately functioning and useable of the Work will be accomplished prior to compliance with
part of the Work that can be used by OWNER without sig- the requirements of paragraph 5.15 in respect of property
nificant interference with CONTRACTOR's performance of insurance.
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing: Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
14.10.1 . OWNER at any time may request CON- entire Work or an agreed portion thereof is complete, ENGI-
TRACTOR in writing to permit OWNER to use any such NEER will make a final inspection with OWNER and CON-
part of the Work which OWNER believes to be ready for TRACTOR and will notify CONTRACTOR in writing of all
its intended use and substantially complete. If CON- particulars in which this inspection reveals that the Work is
TRACTOR agrees. CONTRACTOR will certify to OWNER incomplete or defective. CONTRACTOR shall immediately
and ENGINEER that said part of the Work is substantially take such measures as are necessary to remedy such defi-
complete and request ENGINEER to issue a certificate of ciencies.
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
N EER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif- 14.12. After CONTRACTOR has completed all such cor-
icate of Substantial Completion for that part of the Work. rections to the satisfaction of ENGINEER and delivered all
Within areasonable time aftereithersuch request, OWNER, maintenance and operating instructions, schedules, guaran-
CONTRACTOR and ENGINEER shall make an inspec- tees, Bonds, certificates of inspection, marked-up record
tion of that part of the Work to determine its status of documents (as provided in paragraph 6.19) and other docu-
completion. If ENGINEER does not consider that part of ments-all as required by the Contract Documents, and after
the Work to be substantially complete, ENGINEER will ENGINEER has indicated that the Work is acceptable (sub-
notify OWNER and CONTRACTOR in writing giving the ject to the provisions of paragraph 14.16). CONTRACTOR
reasons therefor. If ENGINEER considers that part of the may make application for final payment following the pro-
Work to be substantially complete, the provisions of para- cedure for progress payments. The final Application for Pay-
graphs 14.8 and 14.9 will apply with respect to certification ment shall be accompanied by all documentation called for
of Substantial Completion of that part of the Work and the in the Contract Documents, together with complete and legally
division of responsibility in respect thereof and access effective releases or waivers (satisfactory to OWNER) of all
thereto. Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER, CONTRACTOR
14.10.2. OWNER may at any time request CON- may furnish receipts or releases in full; an affidavit of CON-
TRACTOR in writing to permit OWNER to take over TRACTOR that the releases and receipts include all labor.
operation of any such part of the Work although it is not services, material and equipment for which a Lien could be
substantially complete. A copy of such request will be filed. and that all payrolls, material and equipment bills, and
sent to ENGINEER and within a reasonable time there- other indebtedness connected with the Work for which
after OWNER, CONTRACTOR and ENGINEER shall OWNER or OWNER's property might in any way be respon-
make an inspection of that part of the Work to determine sible. have been paid or otherwise satisfied: and consent of
its status of completion and will prepare a list of the items the surety, if any. to final payment. If any Subcontractor or
remaining to be completed or corrected thereon before Supplier fails to furnish a release or receipt in full, CON-
final payment. If CONTRACTOR does not object in writ- TRACTOR may furnish a Bond or other collateral satisfac-
ing to OWNER and ENGINEER that such part of the tory to OWNER to indemnify OWNER against any Lien.
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and FinalPaymentandAcceptance:
CONTRACTOR together with a written recommendation 14.13. If, on the basis of ENGINEER's observation of
as to the division of responsibilities pending final payment the Work during construction and final inspection, and
between OWNER and CONTRACTOR with respect to ENGINEER's review of the final Application for Payment
security. operation, safety, maintenance, utilities. insur- and accompanying documentation-all as required by the
ance. warranties and guarantees for that part of the Work Contract Documents, ENGINEER is satisfied that the Work
which will become binding upon OWNER and CON- has been completed and CONTRACTOR's other obligations
TRACTOR at the time when OWNER takes over such under the Contract Documents have been fulfilled, ENGI-
operation (unless they shall have otherwise agreed in writ- NEER will, within ten days after receipt of the final Appli-
ing and so informed ENGINEER). During such operation cation for Payment, indicate in writing ENGINEER's rec-
and prior to Substantial Completion of such part of the ommendation of payment and present the Application to
Work, OWNER shall allow CONTRACTOR reasonable OWNER for payment. Thereupon ENGINEER will give
access to complete or correct items on said list and to written notice to OWNER and CONTRACTOR that the Work
complete other related Work. is acceptable subject to the provisions of paragraph 14.16.

Otherwise. ENGINEER will return the Application to CON- CONTRACTOR's continuing obligations under the Con-
TRACTOR, indicating in writing the reasons for refusing to tract Documents; and
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli- 14.16.2. a waiver of all claims by CONTRACTOR
cation. Thirty days after presentation to OWNER of the against OWNER other than those previously made in writ-
Application and accompanying documentation. in appropri- ing and still unsettled.
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER
ARTICLE IS-SUSPENSION OF WORK AND
TERMINATION

14.14. If. through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI- O"nerMaySuspend 'ork:
NEER so confirms. OWNER shall. upon receipt of CON- 15.1. OWNER may. at any time and without cause. sus-
TRACTOR's final Application for Payment and recommen- pend the Work or any. portion thereof for a period of not more
dation of ENGINEER. and without terminating the Agree- than ninety days by notice in writing to CONTRACTOR and

the Work fully completed and accepted. If the remaining resumed. CONTRACTOR shall resume the Work on the date
balance to be held by OWNER for Work not fully completed so fixed. CONTRACTOR shall be allowed an increase in the
or corrected is less than the retainage stipulated in the Agree- Contract Price or an extension of the Contract Time. or both.
ment. and if Bonds have been furnished as required in para- directly attributable to any suspension if CONTRACTOR
graph 5. 1. the written consent of the surety to the payment makes an approved claim therefor as provided in Articles 11
of the balance due for that portion of the Work fully com- and 12.
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov- OwnerMay Terminate:
erning final payment, except that it shall not constitute a 15.2. Upon the occurrence of any one or more of the
waiver of claims. following events:

15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title I 1. United
14.15. CONTRACTOR's obligation to perform and com- States Code), as now or hereafter in effect, or if CON-
plete the Work in accordance with the Contract Documents TRACTOR takes any equivalent or similar action by filing
shall be absolute. Neither recommendation of any progress a petition or otherwise under any other federal or state
or final payment by ENGINEER, nor the issuance of a cer- law in effect at such time relating to the bankruptcy or
tificate of Substantial Completion. nor any payment by insolvency:
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by 15.2.2. if a petition is filed against CONTRACTOR
OWNER. nor any act of acceptance by OWNER nor any under any chapter of the Bankruptcy Code as now or
failure to do so. nor any review and approval of a Shop hereafter in effect at the time of filing. or if a petition is
Drawing or sample submission. nor the issuance of a notice filed seeking any such equivalent or similar relief against
of acceptability by ENGINEER pursuant to paragraph 14.13. CONTRACTOR under any other federal or state lax, in
nor any correction of de lctive Work by OWNER will con- effect at the time relating to bankruptcy or insolvency:
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli- 15.2.3. if CONTRACTORmakesageneralassignmen'
gation to perform the Work in accordance with the Contract for the benefit of creditors:
Documents (except as provided in paragraph 14.161.
15.2.4. if a trustee. receiver. custodian or agent of
W 9'cuaivhter of Claims: provided in paragraph 14.16)CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
14.16. The making and acceptance of final payment will of property of CONTRACTOR is for the purpose of
constitute: enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
14.16.1. a waiver of all claims by OWNER against of CONTRACTOR's creditors:
CONTRACTOR. except claims arising from unsettled
Liens. from dcelidctive Work appearing after final inspec- 15.2.5. if CONTRACTOR admits in writing an inabil-
tion pursuant to paragraph 14.11 or from failure to comply ity to pay its debts generally as they become due:
with the ('ontract Documents or the terms of any special
guarantees specified therein: however. it will not consti- 15.2.6. ifCONTRACTOR persistently fails to perform
tute ia a:iver Oy (WNER ofl any rights in respect of the Work in accordance with the Contract Documents

1including. but not limited to, failure to supply sufficient 15.3. Where CONTRACTOR's services have been so
skilled workers or suitable materials or equipment or terminated by OWNER, the termination will not affect any
failure to adhere to the progress schedule established under rights or remedies of OWNER against CONTRACTOR then
paragraph 2.9 as revised from time to time); existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
15.2.7. if CONTRACTOR disregards Laws or Regu- not release CONTRACTOR from liability.
lations of any public body having jurisdiction;
15.4. Upon seven days' written notice to CONTRAC-
15.2.8. if CONTRACTOR disregards the authority of TOR and ENGINEER. OWNER may, without cause and
ENGI NEER: or without prejudice to any other right or remedy. elect to aban-
don the Work and terminate the Agreement. In such case,
15.2.9. if CONTRACTOR otherwise violates in any CONTRACTOR shall be paid for all Work executed and any
substantial way any provisions of the Contract Docu- expense sustained plus reasonable termination expenses. which
ments: will include, but not be limited to. direct, indirect and con-
sequential costs (including. but not limited to. fees and charges
OWNER may. after giving CONTRACTOR (and the surety, of engineers. architects. attorneys and other professionals
if there be one) seven days' written notice and to the extent and court and arbitration costs).
permitted by Laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's ContractorMay Stop Work or Terminate:
tools. appliances, construction equipment and machinery at 15.5. If, through no act or fault of CONTRACTOR, the
the site and use the same to the full extent they could be used Work is suspended for a period of more than ninety days by
by CONTRACTOR (without liability to CONTRACTOR for OWNER or under an order of court or other public authority,
trespass or conversion), incorporate in the Work all materials or ENGINEER fails to act on any Application for Payment
and equipment stored at the site or for which OWNER has within thirty days after it is submitted, or OWNER fails for
paid CONTRACTOR but which are stored elsewhere, and thirty days to pay CONTRACTOR any sum finally deter-
finish the Work as OWNER may deem expedient. In such mined to be due, then CONTRACTOR may. upon seven
case CONTRACTOR shall not be entitled to receive any days' written notice to OWNER and ENGINEER, terminate
further payment until the Work is finished. If the unpaid the Agreement and recover from OWNER payment for all
balance of the Contract Price exceeds the direct, indirect and Work executed and any expense sustained plus reasonable
consequential costs of completing the Work (including but termination expenses. In addition and in lieu of terminating
not limited to fees and charges of engineers, architects, attor- the Agreement, if ENGINEER has failed to act on an Appli-
neys and other professionals and court and arbitration costs) cation for Payment or OWNER has failed to make any pay-
such excess will be paid to CONTRACTOR. If such costs ment as aforesaid, CONTRACTOR may upon seven days'
exceed such unpaid balance, CONTRACTOR shall pay the written notice to OWNER and ENGINEER stop the Work
difference to OWNER. Such costs incurred by OWNER will until payment of all amounts then due. The provisions of this
be approved as to reasonableness by ENGINEER and incor- paragraph shall not relieve CONTRACTOR ofthe obligations
porated in a Change Order, but when exercising any rights under paragraph 6.29 to carry on the Work in accordance
or remedies under this paragraph OWNER shall not be required with the progress schedule and without delay during disputes
to obtain the lowest price for the Work performed, and disagreements with OWNER.

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ARTICLE 16--ARBITRATION American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will
16. 1. All claims, disputes and other matters in question be made within the thirty-day or ten-day period specified in
bet-een OPWNER and CONTRACTOR arising out of. or paragraph 16.2 as applicable, and in all other cases within a
relating to the Contract Documents or the breach thereof reasonable time after the claim, dispute or other matter in
(except tor claims which have been waived by the making or question has arisen, and in no event shall any such demand
acceptance of final payment as provided by paragraph 14. 16) be made after the date when institution of legal or equitable
x ill be decided by arbitration in accordance with the Con- proceedings based on such claim. dispute or other matter in
struction Indust Arbitration Rules of the American Arbi- ueson would be barred by the applicable statute of limi-
tration Association then obtaining subject to the limitations tations.
of this Article 16. This agreement so to arbitrate and any
other agreement or consent to arbitrate entered into in accor- 16.4. No arbitration arising out of or relating to the Con-
dance herewith as provided in this Article 16 will be specifi- tract Documents shall include by consolidation, joinder or in
callv enforceable under the prevailing law of any court having any other manner any other person or entity (including
jurisdiction. ENGINEER, ENGINEER's agents, employees or consul-
tants) who is not a party to this contract unless:
16.2. No demand for arbitration of any claim. dispute or
other matter that is required to be referred to ENGINEER 16.4,1. the inclusion of such other person or entity is
initially for decision in accordance with paragraph 9.11 will necessary if complete relief is to be afforded among those
be made until the earlier of (a) the date on which ENGINEER who are already parties to the arbitration
has rendered a decision or (b) the tenth day after the parties
have presented their evidence to ENGINEER if a written
decision has not been rendered by ENGINEER before that 16.4.2. such other person or entity is substantially
date. No demand for arbitration of any such claim, dispute involved in a question of law or fact which is common to
or other matter will be made later than thirty days after the those who are already parties to the arbitration and which
date on which ENGINEER has rendered a written decision will arise in such proceedings, and
in respect thereof in accordance with paragraph 9.11: and the
failure to demand arbitration within said thirty days' period
shall result in ENGINEER's decision being final and binding16.4.3. the written consent of the other person or entity
shall result in ENGINEER 's d ec isio n being final and binding sought to be included and of OWNER and CONTRAC
sought to be included and of OWNER and CONTRAC-
upon OWNER and CONTRACTOR. If ENGINEER renders TOR has been obtained for such inclusion, which consent
a decision after arbitration proceedings have been initiated,
shall make specific reference to this paragraph; but no
such decision mav be entered as evidence but will not supersede
such consent shall constitute consent to arbitration of any
the arbitration proceedings, except where the decision is dispute not specifically described in such consent or to
acceptable to the parties concerned. No demand for arbitra- arbitration with any party not specifically
arbitration with any party not specifically identified in such
tion of any written decision of ENGINEER rendered in
accordance with paragraph 9.10 will be made later than ten
days after the party making such demand has delivered writ-
ten notice of intention to appeal as provided in paragraph 16.5. The award rendered by the arbitrators will be final,
9.10. judgment may be entered upon it in any court having juris-
diction thereof, and will not be subject to modification or
16.3. Notice of the demand for arbitration will be filed in appeal except to the extent permitted by Sections 10 and It
writing with the other party to the Agreement and with the of the Federal Arbitration Act (9 U.S.C. ��10.l 1).

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ARTICLE 17--MISCELLANE()US sion 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
Giving Notice: is legally liable. claim will be made in vNriting to the other
17.1 . Wheneer any provision of the Con~trac-t Docui- ppiartyvithin areasonabletimeof thefirst observanceof such
17.1. Whenever any provision of the Contract Docu-
ment requires the giv ing ot'f written notice, it will be deemedl injury or damage. The provisions of this paragraph 17.3 shall
to hase been alidlv gien if deliclerled in preron to the di- lnot he construed as a substitute for or a xai cer of the pro-
vidual or to a member of the firm or to an o'ticer of theof an! applicahle statute of limitations or repose
corporation for whom it is intended. or if delivered at or sent
b! registered or certified mail. postage prepaid. to the last 17.4. The duties and obligations imposed b! these Gen-
business address knov n to the gi,.er of the notice. eral Conditions and the rights and remedies available here-
under to the parties hereto. and. in particular but without
Coniputation of Time: limitation. the sarranties. guarantees and obligations imposed
17.2.1. When an! period of time is referred to in the upon CONTRACIOR by paragraphs 6.30. 13.1. 13. 12. 13.14.
Contract Documents by days. it Nw-ill be computed to exclude 14.3 and 15.2 and all of the rights and remedies av ailable to
the first and include the last day of such period. Iftthe last OWNER and ENGINEER thereunder. are in addition to.
day of any such period f'alls on a Saturda! or SundI!L or and are not to be construed in an.s sN a! as a limitation of. any
on a day made a legal holidab by the law of the applicable rights and remedies available to any or all of them which are
jurisdiction. such day Vill be omitted fromn the computa- othersise imposed or available b Las\ s or Regulations. by
tion. special w.arranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
17.2.2. A calendar day ot ts enty-ftour hours measured
will be as effective as if repeated specifically in the Contract
from midnight to the next midnight shall constitute a day. Documents in connection with each particular duty. obliga-
tion. right and remedy to which they apply. All representa-
General: tions. sarranties and guarantees made in the Contract Doc-
17.3. Should OWNER or CONTRACTOR suffer injury uments will survxie final payment and termination or corn-
or damage to person or propert. because of any error. omis- pletion of the Agreement.

SECTION 00510
SUPPLEMENTARY CONDITIONS

General Conditions

The "Standard General Conditions of the Construction Contract" National
Society of Professional Engineers, NSPE 1910-8 (1978 Edition), Articles 1
through 17 inclusive, is a part of this contract, and is incorporated herein
as fully as if here setforth.

Supplements

The following supplements modify, change, delete, or add to the "Standard
General Conditions of the Construction Contract". Where any part of the
General Conditions is modified or voided by these Sections, the unaltered
provisions of that part remain in effect. Where the language of the Supple-
mentary Conditions conflicts with that of the Standard General Conditions, the
Supplementary Conditions shall take precedence.

Contents of Supplementary Conditions

Section No. Section Title

SC-1 General

SC-2 Insurance

SC-3 Performance & Materials

SC-4 Extra Work/Change Order

SC-5 Compliance with Air and Water Acts

SECTION SC-i
GENERAL

I ~ ~~~ c oveie ofrfrne the Specifications are separated into
titled Divisions and Sections. Such separations shall not, however,
U ~ ~~operate to make the Owner or the Engineer an arbiter to establish limits
to the contracts between the Contractor and Sub-Contractors.
I ~ ~B. Copies of the Contract:
In addition to Contract Documents furnished to Contractor by Owner for
the Contractor's use during construction, there shall be at least three
(3) executed copies of the Contract Documents to be distributed by the
Owner as follows:
a) One (1) copy to the Owner.
b) One (1) copy to the Engineer.
c) One (1) copy to the Contractor.

C. Default & Annulment of Contract:
In addition to the provisions contained in the General Conditions of the
Construction Contract, the Owner may give notice in writing to the
Contractor and his surety and may suspend Work upon the occurrence of any
I ~ ~~one or more of the following events:
a. If the Contractor is adjudged bankrupt or insolvent;
b. If the Contractor makes a general assignment for the benefit of
I ~ ~~~~creditors;
C. If a tr-ustee or receiver is appointed for the Contractor or for any
of the Contractor's property;
N ~ ~~d. If the Contractor files a petition to take advantage of any debtor's
act, or to recognize under the bankruptcy or similar laws;
e. If the Contractor repeatedly fails to supply sufficient skilled
workmen or suitable materials or equipment;
f. If the Contractor repeatedly fails to make prompt payments to Sub-
Contractors or for labor, materials, or equipment;
g. If the Contractor disregards laws, ordinances, rules, regulations,
I. ~ ~~~or orders of any public body having jurisdiction;
h. If the Contractor disregards the authority of the Engineer;
i. If the Contractor otherwise viloates in any substantial way any
I ~ ~~~~provisions of the Contract Documents;
j. If the Contractor fails to begin the Work within the time stated in
the Notice to Commence Work and completion of phases of the Work in
accordance with schedules approved by the Owner:
I ~ ~~k. If the Contractor discontinues the Work or fail's to resume the Work
when directed by the Owner, or;
i. f th.e Contractor does not perform! the Work in a manner acceptable
I ~ ~~~~to the Owner.

D. Non-Resident Contractors:
The successful bidder, if a corporation established under laws other than
the State in which the proposed construction is located, shall file, at
the time of the execution of the contract, with the Owner, notice of the
name of its resident attorney, appointed as required by the laws of the
State in which the proposed construction is located. The successfulI
bidder, if a resident of another State other than that in which the
proposed construction is located and not a corporation, shall file, at
the time of execution of the contract, with the Owner, a written
appointment of a resident of the State in which the construction is
located, having an office or place of business therein, to be his true
and lawful attorney upon whom all lawful processes in any actions or
proceedings against him may be served; and in such writing, which shallI
set forth said attorney's place of residence, shall agree that any same
legal force and validity as if served on him, and that the authority
shall continue in force so long as any liability remains outstanding
against him in said State. The power of attorney shall be filed in the
office of the Secretary of State if required, and copies certified by the
Secretary shall be sufficient evidence thereof. Such appointment
shall continue in force until revoked by an instrument in writing,I
designating in a like manner some other person upon whom such processes
may be served, which instrument shall be filed in the manner provided
herein for the original appointment.I
A Non-Resident Contractor shall be deemed to be:

a. A person who is not a resident in the State where the proposed I
construction is to be located.
b. Any partnership that has no member thereof resident in the State
where the proposed construction is to be located.I
C. Any corporation established under laws other than those of the State
.cn which the proposed construction is located.

E. Duties, Responsibilities and Limitations of the Authority of Resident Project
Representative:
a. General: Resident Project Representative is ENGINEER'S Agent and I
shall act as directed by and under the supervision of ENGINEER. He
sahll confer with ENGINEER regarding his actions. His dealings in
matters pertaining to the on-site Work will in general be only with
ENGINEER and CONTRACTOR. His dealings with Sub-Contractors will
only be through or with 'the full knowledge of CONTRACTOR or his
superintendent. He shall generally communicate with OWNER only
through or as directed by ENGINEER.I
b. Duties and Responsibilities! Resident Project Representative shall:
1. Schedules: Review the progress schedule, schedule of Shop
Drawing submissions, schedule of values and other schedules I
prepared by CONTRACTOR and consult with ENGINEER concerning
their acceptability.

2, Conferences: Attend preconstruction conferences. Arrange a
schedule of progress meetings and other job conferences as
I ~~~~~required in consultation with ENGINEER and notify in advance
those expected to attend. Attend meetings, and maintain and
circulate copies of minutes thereof.

SECTION SC-2
INSURANCE

A. General:

The Contractor shall purchase and maintain, until Final Acceptance of the
work, insurance of the limits and types stated in the General Conditions
of the Construction Contract and as stated below, from an insurance
company acceptable to the Owners.

B. Evidence of Insurance:

As evidence of insurance coverage, the Owner may, in lieu of actual
policies, accept official written statements from the insurance company
certifying that all the insurance policies specified below are in force
for the specified period. The Contractor shall submit evidence of
insurance to the Owner at the time of executing the Agreement.

C. Form of Insurance:

Insurance shall be in such form as will protect the Contractor and Owner
from all claims and liabilities for damages for bodily injury, including
accidental death and for property damage, which may arise from
operations under this contract, whether such operation be by himself or
by anyone directly or indirectly employed by him.

D. Amount of Insurance

Except when otherwise stated. the amount of insurance for each policy
shall be not less than:

1. Liability for bodily injury, including accidental death:
a. $1,000,000 for any one person.
b. $1,000,000 for each accident.

2. Liability for Property Damage:
a. $500,000 for any accident
b. $500,000 for all accidents

E. Types of Insurance:

Purchase and maintain the following types of insurance:

1. Full Workmen's Compensation insurance coverage for all persons
employed by the Contractor to perform work on this project.
This insurance shall be in strict accordance with the
requirements of the most current laws of the State.

Section SC-2-2

U ~~~~2. Bodily Injury insurance and Contractor's Protective Property
Damage insurance, each including coverage for blasting
explosion and injury to, or destruction of, wires, pipes,
I ~~~~~conduits and similar property, appurtenant apparatus, whether
public or private and collapse of, or structural injury to, any
building or structure, except those on which work under this
Contract is being performed.
3. Bodily Injury and Property Damage insurance covering the
operation of all motor vehicles and equipment, whether or not
owned by the Contractor, being operated in connection with the
prosecution of the work under this Contract.

4. Contractural Liability insurance coverage in the amounts
specified above.
5. An Owner's Protective Liability insurance issued to the Owner
I ~~~~~~at the expense of the Contractor.
6. Property insurance including "all risk" insurance as outlined
I ~~~~~~in paragraph 5.6 of the General Conditions.

SECTION SC-3

PERFORMANCE & MATERIALS

A. OSHA Regulations:

This pro ject is subject to all of the safety and health regulations as
promulgated by the U. S. Department of Labor.

Contractors are urged to make themselves familiar with the requirements
of these regulations.

B. Fire Hydrants:

Fire hydrants on or adjacent to the work area shall be kept accessible to
fire apparatus at all time.

C. Use of Explosives:

When the use of explosives is necessary for the prosecution of the Work,
exercise the utmost care not to endanger life or property. The
Contractor shall be responsible for any and all damage resulting from the
use of explosives.

Store all explosives in a secure manner, in compliance with all State and
local laws and ordinances, and legally mark all such storage places.
Storage shall be limited to such quantity as may be needed for the work
underway.
Designate as a BLASTING AREA all sites where electric blasting caps are
located and where explosive charges are being placed. Mark all blastingI
areas with signs are required by law.

Please signs as required by law at each end of the blasting area and3
leave in place while the above conditions prevail. Immediately remove
signs after blasting operations or the storage of caps is over.

Nofity each property owner and public utility company having structuresI
in proximity to the site of the work sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect
their property. Such notice shall not relieve the Contractor of any ofI
his responsibility for damage resulting from his blasting operation.

Warn. all persons within the danger zone of blasting operations and do not
perform blasting work until the area is cleared. Provide sufficient
flagmen outside the danger zone to- stop all approaching traffic and
pedestrians. Provide watchmen during the loading period and until
charges have been exploded. Please adequate protective covering over allI
charges before being exploded.

Section SC-3 - 2

Public Utilities:

I ~~~Any elevations and locations of public utilities shown on the Drawings
are approximate. It shall be the responsibility of the Contractor to
make final and exact determination of the locations and extend of all
I ~ ~~utilities. The Contractor shall be liable for any expense resulting from
any damage to any public utility.

It shall be the responsibility of the Contractor to notify all utility
companies and pipe line owners, whether public or private and other
parties affected, of his intention to perform work in the are where such
utilities are located and to endeavor to have all necessary adjustments
I ~ ~~of the public or private utility fixtures, pipe lines and other
uction, made as
appurtenances within or adjacent to the limits of constr
soon as practicable and if at all possible before work contemplated is
started in the area.
In general, water lines, sewer lines, gas lines, service connections,
water and gas meter boxes, water and gas valve boxes, light standards,
cableways, signals and other utility appurtenances within the limits of
the proposed construction shall be moved by the utility involved and the
Owner shall bear the full expense, if any, of this work, unless
otherwise specifically stated, or if otherwise noted on the plans.

Any work done upon or within the right-of-way of a railroad company shall
be done under the supervision and control of said railroad company to the
extend considered necessary by said company. Any additional conditions
or requirements for doing work within the railroad right-of-way will be
I ~ ~~set forth in the special provision. The Contractor shall bear the full
expense of any charges made by said railroad company during the course of
construction within the railroad right-of-way, insofar as inspectors,
flagmen, etc., are concerned.

E. Substitute Materials and Equipment:

U ~ ~~Section 01640, "Substitutions and Product Options" is in addition to the
requirements stated in the "Equivalent Materials and Equipment" part of
the Standard General Conditions of the Construction Contract.

I ~~F. Standards:

Whenever standards and standard specifications are referred to in these
I ~ ~~Specifications, they shall be the latest edition.
G. Cleaning Up:

I ~~~Delete Standard General Conditions of the Construction Contract paragraph
6.17 in its entirety and substitute Section 01710, "Project Cleaning" in
Division I of these Specifications. All references to Standard General
I ~ ~~Conditions of the Construction Contract paragraph 6.17 elsewhere in the
Contract Documents shall read as referring to Section 01710 of these
* ~~~Specification.

EXTRA WORK/CHANGE ORDER S-

A. Amount of Compensation:

The Engineer may at any time by written order and without notice to the
sureties require the performance of such extra work or changes in the
work as may be found necessary or desirable. The amount of compensationI
to be paid to the Contractor for any extra work so ordered shall be made
in accordance with whichever of the following plans the Engineer elects.

a. A price agreed upon between the parties and stipulated in the orderI
for the extra work,
b. A price based on the unit prices of the contract, or
C. A price determined by adding 15% to the "reasonable cost" of theU
extra work performed, sc"raobl cost" to be determined by the
Engineer in accordance with the following.

1. In arriving st the "reasonable cost" for the purposes of the
above, the Engineer shall include the reasonable cost to the
Contractor of all materials used, of all labor common and
skilled, of foreman, trucks and the fair-market rental rate forI
all machinery and equipment for the period employed directly on
the work. The reasonable cost for extra work shall include the
cost to the Contractor of any additional insurance that may be
required covering public liability for injury to persons and
property, the cost of Workman's Compensation Insurance, Federal
Social Security and any other costs based on payrolls and
required by law.
2. The cost of extra work shall not include any cost or rental of
small tools, buildings, *or any portion of the time of theI
Contractor, his project supervisor or his superintendent, or
any allowance for use of capital or the premium on the bond as
assessed upon the amount of extra work, these items being
considered covered by the fifteen percent (15%) added to theI

B. Subcontractors:

In the case of extra work which is done by subcontractors, whether these
are under the specific contract items provided herein, or otherwise if so
approved by the Engineer, the 15% added to the reasonable cost of theI
work will be allowed only to the subcontractor. On such work an
additional 5% of the reasonable cost (before addition of the 15%) will be
paid to the Contractor for his work in directing the oper ations of theU
subcontractor and for any overhead involved.

SECTION SC-5

I ~~~~~~~CERTIFICATION OF NONSEGREGATED FACILITIES
AND COMPLIANCE WITH AIR AND WATER ACTS

A. Certification of Nonsegregated Facilities

By the submission of this bid, the bidder, offeror, applicant or subcon-
tractor certifies that s/he does not maintain or provide for his/her
employees any segregated facility at any of his/her establishments, and
that s/he does not permit employees to perform their services at any
I ~ ~~location, under his/her control, where segregated facilities are main-
tained. S/He certifies further that s/he willnot maintainor provide
for employees any segregated facilities at any of his/her establishments,
I ~ ~~ands/hewill not permit employees to perform theirservicesat any loca-
tion under his/her control where segregated facilities are maintained.
The bidder, offeror, applicant or subcontractor agrees that a breach of
this certification is a violation of the Equal Opportunity Clause of this
contract. As used in this certification, the term "segregated facili-
ties" means any waiting rooms, work areas, rest rooms and wash rooms,
restaurants and other eating areas, time clocks, locker rooms, and other
storage or dressing areas, *transportation and housing facilities
provided for employees which are segregated by explicit directive or are
in fact segregated on the basis of race, color, religion, or national
origin, because of habit, local custom, or otherwise. S/He further
agrees that (except where s/he has obtained identical certifications from
proposed subcontractors for specific time periods) s/he will obtain
identical certification from proposed subcontractors prior to the award
I ~ ~~of subcontracts exceeding $10,000 which are not exempt from the provi-
sions of the Equal Opportunity Clause; that s/he will retain such certi-
fications in his/her files; and that s/he will forward the following
notice to such proposed subcontractors (except where proposed subcontrac-
tors have submitted identical certifications for specific time periods).

*Parking lots, drinking fountains, recreation or entertainment areas.

B. Civil R ihsAct of 1964

Under Title VI of the Civil Rights Act of 1964, no person shall, on the
grounds of race, color, or national origin, be excluded from participa-
tion in, be denied the benefits of, or be subjected to discrimination
* ~~~under any program or activity receiving Federal financial assistance.

C. Section 109 of the Housing~ and Community Development Act of 1974.

(a) No person in the United States shall on the ground of race, color,
national origin, or sex be excluded from participation in, be denied
the benefits of. or be subjected to discrimination under any program
or activity funded in whole or in part with funds made available

under this title.

D. "Section 3" Compliance in the Provision of Training, Employment and
Business Opportunities
a. The work to be performed under this contract is on a project assis-
ted under a program providing direct Federal financial assistance
from the Department of Housing and Urban Development and is subjectI
to the requirements of Section 3 of the Housing and Urban Develop-
ment Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires
that to the greatest extent feasible opportunities for training and
employment be given lower income residents of the project area andI
contracts for work in connection with the project be awarded to
business concerns which are located in. or owned in substantial part
by persons residing in the area of the project.I
b. The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secre-
Itary of Housing and Urban Development set forth in 24 CFR 135, and
all applicable rules and orders of the Department issued thereunder
prior to the execution of this contract. The parties to this con-
tract certify and agree that they are under no contractual or otherI
disability which would prevent them from complying with these re-
quirements.

c. The contractor will send to each labor organization or representa-
tive of workers with which he has a collective bargaining agreement
or other contract or understanding, if any, a notice advising the
said labor organization or worker' representative of his commitmentsI
under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employ-
ment or training.
d. The contractor will include this Section 3 clause in every subcon-
tract for work in connection with the project and will, at the
direction of the applicant for or recipient of Federal financialI
assistance, take appropriate action pursuant to the subcontraczt up on
a finding that the subcontractor is in violation of regulations
issued by the Secretary of Housing and Urban Development, 24 CFRI
Part 135. The contractor will not subcontract with any subcontrac-
tor where it has notice of knowledge that the latter has been found
in violation of regulations under 24 CFR Part 135 and will not let
any subcontract unless the subcontractor has first provided it withI
a preliminary statement of ability to comply with the requirements
of these regulations.
e. Compliance with the provisions of Section 3, the regulations set
forth in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to
the project, binding upon the applicant or recipient for such assis-
tance, its successors or assigns. Failure to fulfill these require-
ments shall subject the applicant or recipient, its contractors andI
subcontractors, its successors and assigns to those sanctions speci-
fied by the grant or loan agreement or contract through which fed-
eral assistance is provided, and to such sanctions as are specifiedI
by 24 CFR Part 135.

SAMPLE

I ~~~~~~CERTIFICATION OF BIDDER REGARDING SECTION 3
AND SEGREGATED FACILITIES

* ~~~Name of Prime Contractor Project Name and Number

The undersigned hereby certifies that:

(a) Section 3 provisions are included in the Contract.

I ~~~(b) A written Section 3 plan was prepared and submitted as part of the
bid proceedings (if bid equals or exceeds $1O,OOO).

Name and Title of Signer (Print or Type)

Signature Date

E. Certification of Compliance with Air and Water Acts

(Applicable to Federally assisted construction contracts and relatedI
subcontracts exceeding $100,000)

During the performance of -this contract, the contractor and all
subcontractors shall comply with the requirements of the Clean Air Act,
as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act,
as amended, 33 USC 1251 et seq., and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and
subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility
to be utilized in the performance of any nonexempt contract orI
subcontract, is not listed on the List of Violating Facilities
issued by the Environmental Protection Agency (EPA) pursuant to 40
CFR 15.20.

(2) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,I
(33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines
issued thereunder.
(3) A stipulation that as a condition for the award of the contract,
prompt notice will be given of any notification received from theI
Director, Office of Federal Activities, EPA, indicating thata
facility utilized, or to be utilized for the contract, is under
consideration to be listed on the EPA List of Violating Facilities.

(4) Agreement by the contractor that he will include, or cause to be
included, the criteria and requirements in paragraph (1) through (4)
of this sect ion in every nonexempt subcontract and requiring thatI
the Contractor will take such action as the Government may direct as
a means of enforcing such provisions.

(5) The contractor shall permit th'e City/Town of U
the Department of Housing and Urban Development, the Comptroller
General of the United States, or any of their duly authorized
representatives, to have access to any books, documents, papers, andI
records, of the contractor which are directly pertinent to this
contract for the purpose of making audit, examination, excerpts, and

transcriptions.

DIVISION 1

GENERAL REQUIREMENTS

Scope

The scope of this Division covers the general administration requirements and
the general work related provisions of the Construction Contract.

Contents of Division

Section No. Section Title

01010 Summary of Work
01020 Coordination
01090 Abbreviations and Symbols
01150 Measurement and Payment
01310 Construction Schedules
01510 Temporary Utilities
01630 Substitutions and Product
Options
01710 Project Cleaning
01810 Project Record Documents

SECTION 01010

I ~~~~~~~~~SUMMARY OF WORK

U Location of Work

The work of this Contract is located in Portsmouth, New Hampshire at Prescott
3Park, a waterfront park along the Piscataqua River.

* Work to be Done

The Contractor shall furnish all materials, labor, and equipment to perform the
following:

I ~~Rehabilitation of approximately 120 linear feet of granite seawall.
Work to include, but not be limited to, resetting of top 3 courses
of granite block, installation of subsurface drainage system, and
I ~ ~the construction of a concrete diaphragm wall. All brick walls,
lawns, lights, fences, and other site fixtures/features disturbed
during construction shall be reinstalled. See Sheets I and 2 and
Prescott Park Seawall Assessment done in January, 1986 (Exhibit

O 10 1 A).

EXHIBIT OIOIOA

City of Portsmouth

New Hampshire

PRESCOTT PARK

SEAWALL ASSESSMENT

JANUARY 1986

Prepared By:
Kimball Chase Company, Inc.

40 Bridge Street
Portsmouth, New Hampshire

85-1227

PRESCOTT PARK SEAWALL ASSESSMENT

Prepared for:

N ~~~~~~~~City of Portsmouth, New Hampshire

* ~~~~~~~~~~~Prepared by:

Kimball Chase Company, Inc.
40 Bridge Street
I ~ ~~~~~~~~Portsmouth, NH 03801

January, 1986

TABLE OF CONTENTS

Page

Summary of Findings and Recommendations

Location Plan I

Site Plan 2

1. Description 3

2. Observed Conditions 4

3. Assessment 9

4. Conceptual Rehabilitation 10

Photograph Location Plan 11

Photographs

SUMMARY OF FINDINGS AND RECOMMENDATIONS

1 1. ~~Visual and measured observation of the 106' granite seawall indicates
that, since its construction in 1975, that the top 3 granite block
courses have moved horizontally up to 7.8" towards the water.

2. The movement of the wall, in addition to possible drainage problems
I ~ ~~~behind the wall, has caused settlement in the abutting brick walk of up
to 8"1.

3. The cause of the movement and settlement appears to be a combination of
poor drainage, frost heaving, failure of granite fragment between courses

and/or poor construction.

I ~~4. While the wall is not in eminent danger of collapse or failure,
correction of the condition should be undertaken to stop any further
deterioration and to decrease maintenance and improve the aesthetic

quality of the area.

5. Corrective measure should include relayering of the top 3 courses of
granite stone, establishing structural connections between stones, and
the construction of a perimeter drainage system along the wall.

.- , .'
V~~~~~~~~~~~~~~~~~~~~
iS < ~~~~~~~~~N

'> >-jiY\ Granite Seawall ,

. "- '..- -~ ~."
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,'~< - )a,::~:\ F- OUR TREE
~~~~~~~~~~~~~~~~~~~ISLN

~~~~ -~~~~~~~~~~ ~~ISLAND
4'IL - r-\- \. H ciii -- S a

'~, " i , -'i- : - - - ~ ,'/ 'r !~~ ~ S L. -

-' >; S ? ,gst\SCALE: I"= .' '" t ) __--

company, inc.

40 Bridge Street
Civil Portsmouth
Environmental New Hampshire 03801
Engineers 603-431-2520
-)~~~~.. <.j/....
) ~ ~ ~ ~ ~ ~ ~ ~ ~ > \\\) ..

LO^TO PIERC

L ~~~~I M BALL HAS

company, inc.

40 Bridge Street
Civil Portsmouth
Environmental New Hampshire 03801
Engineers 603-431-2520

N , PI CATAQUA

GRANITE SEAWALL CHASE

Engineers 603-431-2520

-2-
7 -,

PORTSMOUTH PARK SEAWALL ASSESSMENT

1. DESCRIPTION

The granite seawall being assessed is made up of three sections; 31' section
from STA 1.5, 58.91'+ LT to STA 1.5, 27.91'; 106' section from STA 3.1, 29.59'
LT to STA 109.2, 30.12' LT; and a 20' section from STA 107.7, 28.52' LT to STA
107.5, 8.6' LT. See Kimball Chase Company Existing Condition Survey of
Prescott Park Seawall completed on December 19, 1985 (in folder on back
cover). This section of granite seawall is a portion of a land reclaimation
project completed in 1975 for the Trustees of the Trust Funds. Based on
original W.P.B. & W. design plans for project 4157, the following description
has been summarized:

The land project involved three types of soil retaining structures; a
63'+ section of sheet pile wall with a tie-back system; a 58'+ section of
rip rap embankment and a 157'+ section of granite block gravity retaining
wall.

All retaining structures are capped with granite cap stone to elevation
+10.0' and chain link fence except for approximately 35'+ on the
southerly most section of sheet pile wall which is capped with steel
channel.

The granite block gravity walls are abutted on the land side by an 8'
brick walk at elevation +9.75. This walk pitches down from the granite
wall to the land side of the walk (8' away) at a 1.0% slope. The brick
walk is underlayed by a 3" concrete slab (fc' = 2500 psi, w/6x6 #10 wire).
The remainder of the retaining walls are abutted by gardens and shrubs.

The granite block wall is made up of 3' wide by 1'-6" deep granite cap
stones underlayed by two courses of 3' wide wide by 2'-6" deep granite
blocks, followed by four courses of 3' x 4' wide by 2'-6" deep granite
blocks supported on a concrete pile cap foundation. All blocks are laid
dry with granite fragments being used to level stone courses. The back
side of the top three joints have 4"+ of cement mortar filler. A 12"
concrete diaphragm wall is located behind the bottom four courses.
Vertical and horizontal joints between capstones and adjacent stones are
cement mortar joints with minimum thickness of 1".

The foundation for the granite seawall is made up of an 8' wide by 3'
deep concrete pile cap with 12" timber piles placed in two rows; the
front row being batter piles (3:1) @ 3'+ O.C. and the rear row being
bearing piles @ 6'+ O.C.. Pile tip elevations vary from elevation -25.0
to -32�0. The top of the concrete pile cap is at elevation -7.4. All
piles were to be driven to a safe bearing load of 30 tons.

Backfill material is specified as granular material behind this portion
of the seawall. The actual specification for this project required that
the granular backfill be porous and free of injurious amounts of organic
material.

--3-

Compaction was to be accomplished in 8" lifts being wet and compacted to
95% density relative to ASSHTO 99.

See Typical Seawall Section on Page 5.

2. OBSERVED CONDITIONS

Site visLts have been made to Prescott Park in Portsmouth, New Hampshire on
December 8, and 23, 1985 at high tides, and on January 9, and 10, 1986 at low
tides. It should be noted that all the following observed relationships
assume that the wall was constructed according to the original design plans
unless otherwise noted.

Vertical:

The brick walk that abuts the granite seawall appears to be intact at STA 0.0,
58.91'+ LT. Unless bricks have been replaced and/or reseated, the first
granite block that was placed in 1975 was slightly offset of existing block
wall. The brick walk has subsided vertically relative to the top of the
granite wall (assuming that the brick walk was 3" below top of wall initially)
as follows:

STA Lt. Offset Vertical Subsidence

0 58.91 0.00"1
0 27.90 2.00"
10 28.40 2.75"
30 28.76 5.64"
50 28.79 5.64"
70 28.82 5.64"
90 28.86 4.80"
100 28.91 5.16"
106.2 28.68 8.04"
106.2 8.60 2.00"

The brick walk presently pitches up from the granite wall to the land side of
the walk (8' away). This pitch varies from 0.6% to 5.0%.

The granite cap stones on the 106' section are rotating about a horizontal
axis parallel to the 106' section. The river side of the cap stones are
dropping in elevation relative to the land side of the cap stone.

Elevations on the top of the granite wall are as follows:

STA Land Side River Side

10 9.65' 9.57'
30 9.69' 9.50'
50 9.65' 9.46'
70 9.65' 9.52'
90 9.62' 9.48'
100 9.62' 9.51'

-4--

j-',z'CJHAIN U NK FE-NCE-
- 5E~~~( DTAIL M SO - ~0.C

3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~IDEWALK
I~ ~ ~~~~~33 ZkhTTER .- ~ ~ dK~ A

4 (rTEM ~~~~~~~~~ CE.~~~~~A~~~NT ~~MOR-A PlLLeR.-Aj t Wo
5r='ry%/SE-* OM-L 5rrO,~Com~
I iI~~~~~~~~-~~~~1~~~ F ~~~~AE50vr= COMCRQTF. IAC W.I Ar
Qrn3uARCD STONF, ~MAK NT, I N PLACg~
MASONRY(GRANITPQ ~~~~~~(ITEM 912

G- RANiJLAR BACKCF"~~

- -c~~~R~d'~~T F%*HWEj%,b TO
2,Q PL E 6 Al$ S4OaN

a ~ ~ -~- PAXMENT UMiIT FOR

14~ ~~~~~~~~1 Om-2'%'A'M CRUSHED UCAVANE

I~~'M~~W E P 40I5iTELMIT 90a7)<r-

iTM-M ~ 11112 I

61-~ ~ ~ ~ ~~~~ - PLS7 -7- (usDRIVE TO ITE 9K)5

WMEWT ~ ~~~~~~~~~~~~~~RN LIA(TD OPCFO O

TYPICAL SEAWALL SEC)TION

I I ? 3'*t 5 ~~~~~~~~~~~~~101

3 ~ ~ ~ ~ ~ ~ RA~~~~~~1~~~~~ ~Se-LIS

It does not appear that the granite wall has subsided vertically by anyI
appreciable amount. It does appear that the wall constructed in 1975 was
placed vertically to match the existing wall which is at elevation 9.61+.

Horizontal:

Two smaller sections of seawall (31' & 20') appear to be in approximately
original position relatixe to secztions of wall which have exhibited noI
movement and therefore assessed to be of no immediate concerti.

Visual inspection and extensive survey of the 106' section of granite seawall
indicates the exaggerated deflected shapes shown in figures I & 2 on page 8.

The table on page 9 summarizes the horizontal data collected and reduced.

It should be noted that there does not appear to be any mortar between the top
cap stones and the first granite block course below. We were not able to
determine if top 3 joints have 4" of cement mortar as specified.I
Numerically, there is an indication that the fifth course has moved
approximately 3" outward towards the river, but it is felt that this is not
the case. The numerical values for the fifth course are fairly close inI
magnitude which we feel indicates that the wall was either initially
constructed with (a) a 6" batter or with (b) a 3" flat bow in it horizontally
at the top and a 3" batter.I
Based on the above two scenarios, the top cap stone has been laterally
displaced either 6.5 with scenario (a) or 3.5" with scenario (b).

The top of the first 2'-6" course has been laterally displaced either 7.8"
with (a) or 4.8" with (b).

Visual observations showed that the second 21-6" granite course has not
displaced laterally as much as the first 2'-6" course and by the fourth 2'-6"
course it appears the block is in approximately the correct location relativeI
to the bottom courses.

Drainage:

On January 9 & 10, 1986, site visits were made at a low tide. The older wall
to the northwest which appears to be intact has a drain pipe coming out of it
at elevation +4.0+. This drain had fairly large amounts of water
flowing out of it-. The newer granite wall which we are assessing did not
appear to have any water flowing out of its open joints.

The entire reclaimed area of land (1600+ sq. ft.) pitches slightly to theI
center where there is one catch basin.

Piles:

No pile driving logs have been located which could indicate actual pile
capacities, length, and/or tip data.

-6-

RIVER

REFERENCE LINE IG
EXAGGERATED PLAN
I ~~~~~~~~~~~~~~N.TS 3

U~~~~~~~~~~~~~~

FIG, 2
I-I EXAGGERATEP SECTION
N .T:7S.

I~~~~~~~~~s

STATION AND OFFSET DATA

Top of Cap Stone .Top of First 3' Course * Top of Fifth 3' Course

Estimated : Estimated : Estimated
Original Original Present Movement : Original Present Movement : Original Present Movement
Station 7/75 7/75 11/85 (inches) : Station 7/75 11/85 (inches) : Station 7/75 11/85 (inches)

3.10 30.92 30.92 31.09 2.0 : 3.10 30.94 : 3.10 31.09
11.80 30.97 31.25 3.3 : 11.80 30.99 : 11.80 31.14
23.60 31.04 31.53 5.9 : 23.60 31.06 31.45 4.7 : 23.60 31.21 31.53 3.9
34.00 31.10 31.64 6.5 : 34.00 31.12 31.39 3.2 : 34.00 31.27 31.39 1.5
44.70 31.16 31.66 6.0 : 44.70 31.18 31.49 3.7 : 44.70 31.33 31.49 1.9
55.20 31.22 31.69 5.6 : 55.20 31.25 31.90 7.8 : 55.20 31.39 31.61 2.6
65.60 31.29 31.68 4.7 : 65.60 31.31 31.89 7.0 : 65.60 31.45 31.68 2.8
76.20 31.35 31.75 4.8 : 76.20 31.37 31.91 6.5 : 76.20 31.51 31.83 3.8
86.70 31.41 31.75 4.1 : 86.70 31.43 31.67 2.9 : 86.70 31.57 31.75 2.1
97.30 31.47 31.81 4.1 : 97.30 31.49 31.98 5.9 : 97.30 31.64 31.98 4.1
109.20 31.54 31.54 31.62 1.0 : 109.20 31.56 : 109.20 31.71

* Based on relationship to granite block that appears to not have moved.
*~ Based on offsets @ stations 3.1 & 109.2 and assumption that wall was straight initially.
*** Based on estimated original offset of cap stone and a 3 inch batter.

Note:
Present 11/85 data for the top of the first and fifth
courses at stations 23.6,34.0, and 44.7 are estimated values

I ~~~3. ASSESSMENT

The cause for the elevation of the top of the wall to be .4' below the design
I ~ ~~plans is some combination of the following:

1. Wall was actually constructed to match existing wall which was at
some elevation below +10.0'.

2. Wall has uniformly settled up to .4' due to normal consolidation and
* ~~~~~additional consolidation from overloaded rear piles.

If as-built pile driving logs and data could be made available, then a more
exact analysis and assessment could be made of the foundation system, but it
appears that this data is not available. In situ testing is very complicated,
expensive, and of questionable reliability. Considering all the above, I feel
the foundation system currently in place is a sufficiently stable system but
* ~~should be monitored in the future for indications of future movements.

The cause for the lateral displacement of the cap stones and first two 2'-6"'
courses of granite block appears to be some combination of the following:

1. Improper backfill material and compaction thereof, causing moisture
retention and frost heaving action over the past 10 years. This
would also explain some of the subsidence of the brick walk. If
I ~ ~~~~thi-s backfill contained a large amount of fine material, it could
also be washing out through the open joints; also causing subsidence
of the brick walk.

2. The rear row of bearing piles is moderately overloaded. This could
cause rotations about the longitudinal axis of the sea wall. The
bottom four courses of granite block are tied together with a 12"
I ~ ~~~~concrete diaphragm wall which will keep them together during this
rotation. The top 2 courses plus cap stone are not tied together,
and would not rotate with the wall, therefore effectively displacing
I ~ ~~~~them relative to the bottom four courses. It should be noted that
the front row of piles is underloaded and is therefore taking up the
overload an the rear piles.

* ~~~~3. Vehicle wheel loading.

4. Any movement of the top cap and first two 2'-6" granite courses would
I ~ ~~~~cause the granite fragments (used to level blocks) to also move. If
some of the front fragments were actually dislodged, this would
promote further lateral movements and cause apparent rotation of the
* ~~~~~top cap.

The 106' section of granite seawall has clearly exhibited lateral movements to
an extent that remedial action is necessary to solve the structural problems
I ~ ~~and return the wall to a proper level of esthetic serviceability and
stability.

I ~~~~~~~~~~~~-9-

4. CONCEPTUAL REHABILITATION

The top cap stone and the first two 2'-6" granite block courses should be
reseated to maintain original continuous wall batter and level elevation.

The cap stone and first two 2'-6" courses should be tied together and then
tied into the bottom courses or to an independent tie back system.

A perimeter drain system should be installed into compacted free draining
backfill behlfn the granite wall to relieve hydrostatic pressures and prevent
further subsidence due to migration of fines in the backfill soil mass.

Benchmarks should be clearly established and a monitoring system developed to
establish the as-built condition of the rehabilitation and measure its
performance in the future. This step must be taken due to lack of available
data on the existing pile foundation.

-10-

PI SCATAQUA

RIVER

4%' ,

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�, 2 K' M BALL CHASE
company, inc.

40 Bndge Street
Civil Portsmouth
Environmental New Hampsnire 03801
Engineers 603 431-2520

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I ~~~~~~~~~SECTION 01020
COORD INATITON

I PART I - GENERAL

1.1 Description

A. Contractor shall coordinate all work with the Trustees of the Prescott Park
I ~ ~Trust Fund and the City of Portsmouth.

~~~~~~~~~~ENOFSCIO

SECTION 01090
ABBREVIATIONS AND SYMBOLS

PART 1 - GENERAL

1.1 DESCRIPTION
A. Where any of the following abbreviations are used in these
Specifications, they shall have the meaning set forth opposite each.

AASHTO American Association of State Highway and Transporta-
tion Officials
AC Alternating Current
ACI American Concrete Institute
ACP Asbestos Cement Pipe
AGA American Gas Association
AIC Ampere Interrupting Capacity
AGMA American Gear Manufacturers Association
AIEE (IEEE) American Institute of Electrical Engineers (Institute
of Electrical and Electronics Engineers, Inc.)
AISC American Institute of Steel Construction
amp Ampere
125-16
Amer. Std. American Standard for Cast Iron Pipe Flanges and
Flanged Fittings, Class 125 (ASA B16 11960)
ANSI American National Standards Institute
API American Petroleum Institute
ASA American Standards Association
ASCE American Society of Civil Engineers
ASH & AE American Society of Heating and Air Conditioning
Engineers
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
AWG American or Brown and Sharpe Wire Gauge
AWWA American Water Works Association
BOD Biochemical Oxygen Demand
c.f. Cubic foot
c.fom. Cubic Foot per Minute
C.f.s. Cubic Foot per Second
CI Cast Iron
CIPRA Cast Iron Pipe Research Association
CSI Construction Specifications Institute
c.y. Cubic Yards
DC Direct Current
DEP Department of Environmental Protection
DI Ductile Iron
DOT Department of Transportatior.
EDR Equivalent Directional Radiation
EPA U.S. Environmental Protection Agency
Fed. Spec. Federal Specifications issued by the Federal Supply
Service of the General Service Administration,
Washington, D.C.
FmHA Farmers Home Administration
fps Feet per Second
ft. Feet

01090-2

gal. Gallons
gpd Gallons per Day
gpm Gallons per Minute
HP Horsepower
IBR Institute of Boiler and Radiator Manufacturers
in. Inches
inter. Interlock
ISA Instrument Society of America
kva Kilovolt-ampere
kw Kilowatt
lb. Pound
max. Maximum
MCB Master Car Builders
MGD Million Gallons per Day
Min. Minimum
NBS National Bureau of Standards~
NEC National Electrical Code (Latest Edition)
NEMA National Electrical Manufacturers Association
NEWWA New England Water Works Association
NPT National Pipe Thread
OS&Y Outside Screw and Yoke
PCA Portland Cement Association
ppm Parts per Million
% Percent
psi Pounds per Square Inch
psig Pounds per Square Inch Guage
PVC Polyvinyl Chloride
rpm Revolutions per Minute
s.f. Square Foot
SSPC Steel Structures Painting Council
STL. W.G. U.S. Steel Wire, Washburn and Moen, American Steel
and Wire Cos., or Roebling Guage
Soy. Sqare Yard
TDH Total Dynamic Head
USAS Standards of the United States of America Standards
Institute (formerly American Standards Association)
USS GUAGE United States Standard Guage
VC Vitrified Clay
WSP Working Steam Pressure

END OF SECTION

SECTION 01150
MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 DESCRIPTION
A. For all items other than those to be paid for by lump sum amounts,
after the work is completed and before final payment is made there-
fore;. the Owner's Inspector shall make final measurements to deter-
mine the quantities of various items of work accepted as the basis
for final settlement. The Contractor, in case of unit price items,
will be paid for the actual amount of work accepted and for the
actual amount of materials in place, as shown by the final measure-
ments.
B. All units of measurement shall be standard United States convention
as applied to the specific items of work by tradition and as inter-
preted by the Engineer.
C. At the end of each day's work, the Contractor's Superintendent or
other authorized representative of the Contractor shall meet with
the Owner's Inspector and determine and agree upon quantities of
unit price work accomplished and/or completed during the work day.
D. The Inspector will then prepare a "Daily Progress Report" which
shall be signed by both the Inspector and Contractor's
Representative indicating complete agreement and approval of
the quantities listed.
E. Once each month the Inspector will prepare a "Monthly Progress
Summation" form from the month's accumulation of "Daily Progress
Reports" which shall also be signed by both the Inspector and Con-
tractor's Representative indicating complete agreement and approval
of quantities listed.
F. These completed forms will provide the basis of the Engineer's
monthly quantity estimate upon which payment will be made. Items
not appearing on both the "Daily Progress Reports" and "Monthly
Progress Summation" will not be included for payment. Items appear-
ing on forms not properly signed by the Contractor will not be
included for payment.

1.2 SCOPE OF PAYMENT

A. Payments to the Contractor will be made for the actual quantities of
contract items performed and accepted in accordance with the plans
and specifications. Upon completion of the construction, if these
actual quantities show either an increase or decrease from the
quantities given in the Proposal Form, the contract unit prices will
still prevail, except as provided hereinafter.
B. The Contractor shall accept in compensation, as herein provided, in
full payment for furnishing all materials, labor, tools, equipment,
and incidentals necessary to the completed work and for performing
all work contemplated and embraced by the contract, also for all
loss or damage arising from the nature of the work, or from the
action of the elements, or from any unforeseen difficulties which
may be encountered during the prosecution of the work and until its
final acceptance by the Engineer, and for all risks of every de-
scription connected with the prosecution of the work, except as
provided herein, also for all expenses incurred in consequence of
the suspension of the work as herein authorized.

01150-2

C. The payment of any partial estimate or of any retained percentage
except by and under the approved final invoice in no way shall
affect the obligation of the Contractor to repair or renew any
defective parts of the construction or to be responsible for all
damage due to such defects.

1.3 PAYMENT FOR INCREASED OR DECREASED QUANTITIES: When alterations in the
quantities of work not requiring supplemental agreements, as here-
inafter provided for, are ordered and performed, the Contractor
shall accept payment in full at the contract price for the actual
quantities of work done. No allowance will be made for anticipated
profits. Increased or decreased work involving supplemental agree-
ments will be paid for as stipulated in such agreements.

1.4 ELIMINATED ITEMS: Should any items contained in the proposal form be
found unnecessary for the proper completion of the work contracted,
the Engineer may eliminate such items from the contract, and such
action shall in no way invalidate the contract, and no allowance
will be made for items so eliminated in making final payment to the
Contractor.

1.5 PARTIAL PAYMENT

A. Partial Payments shall be made monthly as the work progresses. All
partial invoices and payments shall be subject to correction in the
final quantity invoice and payment.
B. No monthly payment shall be required to be made when, in the judge-
ment of the Engineer, the work is not proceeding in accordance with
the provisions of the contract, or when, in his judgement, the total
value of the work done since the last payment amounts to less than
$1,000.00.

1.6 PAYMENT FOR MATERIAL DELIVERED ON LUMP SUM PROJECTS

A. At the discretion of the Engineer, acting upon the request of the
Contractor, an invoice, accompanied by receipted bills, may be made
for payment of all or part of the value of acceptable, non-perish-
able materials and equipment which are to be incorporated into lump
sum type contracts, and which have been delivered to the site of the
work or in acceptable storage places, and not used at the time of
such invoice. Materials, when so paid for by the Owner, shall
become the property of the Owner, and in the event of default on the
part of the Contractor, the Owner may use, or cause to be used,
these materials in the construction of the work provided for in the
contract. The Contractor shall be responsible for any damage to, or
loss of, these materials. The amount thus paid by the Owner shall
go to reduce estimated amounts due the Contractor as the material is
used in the work.
B. No partial payment shall be made upon fuels, supplies, lumber, false
work, or other materials, or on temporary structures of any kind
which are not a permanent part of the contract.

1.7 FINAL PAYMENT: The Engineer shall make, as soon as practicable after the
completion of the project, a final quantity invoice of the amount of
work performed under the Contract and the value of such work and the
Owner shall then pay the entire sum found to be due, after deducting
therefrom all previous payments. All amounts to be retained or
deducted under the provisions of the Contract may be held by the
Owner for a period of sixty (60) days after the completion of the
final quantity invoice, or until such time as the Contractor submits
satisfactory evidence that all bills for labor and materials used
under this Contract have been paid and all required documents sub-
mitted to the Engineer.

1.8 SUBSIDIARY WORK: Incidential work items for which separate payment is not
measured includes the following items.
A. Mobilization/Demobilization.
B. Construction Signs.
C. Plugging Existing Sewers and Drains.
D. Restoration of Property.
E. Cooperation with Other Contractors and Others.
F. Utility Crossing, unless Otherwise Paid For.
G. Minor Items, such as Replacement of Fences, Guard Rails, Rock Walls,
etc.
E. Temporary Pavement and Trench Patch.
I. Clean Up.
J. Temporary Access to Businesses.
K. Pre Construction Videotape.

1.9 DESCRIPTION OF PAY ITEMS: The following sections describe the measure-
ment and payment for Items of Work not specified in the New Hampshire
Department of PUblic Works and Highway Specifications or Division II
herein.

END OF SECTION

SECTION 01310
CONSTRUCTION SCHEDULES

Submission to Engineer

The Contractor shall be responsible for submitting to the Engineer, at least
seven (7) days before the start of construction, a detailed construction
schedule on a weekly basis, showing how he intends to approach the project and
what be expects to have completed at the end of the work. The schedule should
be in bar graph form and list the various tasks required to complete the
3 ~project and the dates which these tasks will be done.

Section 01510
TEMPORARY UTILITIES

PART I GENERAL

1.1 DESCRIPTION
A. Work Included:
1. Provide and pay for all temporary applicable utilities required
to properly perform the Work at no additional cost to the Owner
including the placement and removal of the utilities.
2. Completely remove all temporary equipment and materials upon
completion of the Work and repair all damage caused by the
installation of temporary utilities.I
3. Make all necessary applications and arrangements for electric
power, light, water, telephone and other utilities with the
local utility companies. Notify the local electric power com- I
pany if unusually heavy loads, such as welders, will be con-
nected.

1.2 QUALITY ASSURANCEI
A. Requirements of Regulatory Agencies:
1. Obtain permits as required by local governmental authorities.
2. Obtain easements, when required, across private property other I
than that of the Owner for temporary power service.
3. Comply with the latest National Electrical Code.
4. Comply with all local, State, and Federal codes. laws, and
regulations.
B. All temporary utilities are subject to the approval of the Engineer.

PART 2 PRODUCTS
2.1 MATERIALS
A. Electrical:I
1. Provide all required facilities, including but not limited to,
transformers, conductors, poles, conduits, raceways, fuses,
switches, fixtures and lamps.I
2. Use new or used materials adequate in capacity for the purposes
intended.
3. Materials must not create unsafe conditions or violate the
requirements of applicable codes.
4. Conductors:
a. Wire, cable or busses of appropriate type, sized in accor-
dance with the latest -National Electrical Code for the
applied loads.
b. Use only UL approved wire.
5. Conduit:
a. Rigid steel, galvanized: ANSI C80.l.
b. Electrical metallic tubing: ANSI C80.3.
C. Other material approved by NEC.I
6. Equipment: Provide appropriate enclosures for the environment
in which used in compliance with NEMA Standards.

01510-2

H B, HB eating:
1I When heat is required for the protection of the work, provide
and install a non-hazardous type of heating apparatus, and
I ~~~~~provide adequate and proper fuel.
2. Beating equipment and materials in proper condition.
C. Water, Provide drinking water equipment and material that will
prevent contamination and health hazards.
D. Sanitary Accommodations: Shall comply with all local, State and
Federal codes, laws and regulations.

PART 3 EXECUTION

3.1 PERFORMANCE
I ~~~A. Electrical:
1. Provide electrical energy to:
a. All necessary points on the construction site so that
I ~ ~~~~~power can be obtained at any desired point with extension
cords no longer than 100 feet.
b. Construction site offices.
* ~~~~~C. Lighting as required for safe working conditions at any
location on the construction site.
d. Night security light.
e. When applicable, Owner's present facilities during the
change over of electrical equipment.
2. Maintain electrical energy throughout the entire construction
period.
I ~~~~3. Capacity: Provide and maintain adequate electrical service for
construction use by all trades during the construction period
at the locations necessary.
I ~~~~4. Installation:
a. Install all work with a neat and orderly appearance.
b. Have all installations performed by a qualified
electrician.
I ~ ~~~~C. Modify service as job progress requires.
d. Locate all installations to avoid interference with cranes
and materials handling equipment, storage areas, traffic
I ~ ~~~~~~areas and other work.
B. Heating:
1. Maintain a heated environment for the work at the temperature
I ~ ~~~~and for the length of time specified or as directed by the
Engineer.
2, Precaution:
a. Operate temporary heating apparatus in such a manner that
finished work will not be damaged.
b. Repair all damage caused by temporary heating operations
to the complete satisfaction of the Engineer.
I ~~~C. Water. Provide and maintain water for drinking and construction
purposes as required for the proper execution of the Work.

D. Sanitary Accommodations:
1. Provide and maintain sanitary accommodations for the use of the
employees of the Contractor, subcontractors, and Engineer.
2. Sanitary accommodations shall meet the requirements of all
local, State and Federal health codes, laws and regulations.

END OF SECTION

SECTION 01630
SUBSTITUTIONS AND PRODUCT OPTIONS

PART I - GENERAL

1 ~101 DESCRIPTION
A. If stated in these Specifications that the Contractor may furnish or
use a substitute that is equal to any material or equipment speci-
I ~ ~~~fied, he shall, promptly after the award of the Contract, apply to
the Engineer for approval of such a substitute.
B. No substitute shall be ordered or installed without the written
approval of the Engineer who shall be the judge of equality.

1.2 SUBMITTALS
A. Submit a written application for approval completely describing the
I ~ ~~~proposed substitution.
B. Submit, when requested by the Engineer:
1. Manufacturer's catalog data.
I ~ ~~~2. Illustrations.
3. Specifications.
4. Samples.
5. Other material that may be required to determine equality.

1.3 CRITERIA
A. The following criteria will be used by the Engineer in determining
I ~ ~~~the equality of proposed substitutions:
1. Adaptability to the design.
2. Functional performance.
I ~ ~~~3. Appearance when applicable.
4. Quality of materials.
5. Strength of materials.
I ~ ~~~6. Complexity, frequency and cost of maintenance.
1.4 RESULTING CHANGES
A. If proposed substitutions are judges as being acceptable, make all
I ~ ~~~changes to structures, buildings, piping, electrical, and other
items necessary to accommodate the substitutions, at no additional
cost to the Owner.
I ~ ~~B. Whenever it may be written that an equipment manufacturer must have
a specified period of experience with his product, equipment which
does not meet the specified experience period can be considered if
* ~~~~the equipment supplier or manufacturer is willing to provide a bond
or cash deposit for the duration of the specified time period which
will guarantee replacement of that equipment in the event of failure.

I 1.L5 ENGINEERING SERVICES
A. If Contractor requests substitutions which require design. or other
engineering services, the services will be provided by the Engineer.
B. The cost of engineering services for substitutions shall be at the
expense of the Contractor.

* ~~~~~~~~~~END OF SECTION

SECTION 01710
PROJECT CLEANING

PART I GENERAL

1.1 DESCRIPTION
A. Work Included:
1. Maintain premises and public properties free from accumulations
of waste, debris, and rubbish caused by operations.
2. At completion of work, remove waste materials, and clean allI
sight-exposed surfaces. Leave project clean and ready for use.

1.2 QUALITY ASSURANCE
A. Requirements of Regulatory Agencies: Conduct cleaning and disposal
operations in accordance with all applicable local and state laws,
ordinances, and code requirements.I
PART 2 PRODUCTS

2.1 MATERIALSI
A. Use only cleaning materials recommended by manufacturer of surfaces
to be cleaned.
B. Use cleaning materials only on surfaces recommended by cleaningI
material manufacturers.

PART 3 EXECUTION

3.1 PERFORMANCE
A. Cleaning during construction:
1. Execute cleaning operation to ensure that buildings, grounds, I
and public properties are maintained free from accumulations of
waste materials and rubbish.
2. Entirely remove and dispose of material or debris during the I
progress of the work that has washed into or has been placed in
watercourses, ditches, gutters, drains, catch basins, or else-
where as a result of the Contractor's operations.I
3. Wet down dry materials and rubbish to lay dust and prevent
blowing dust.
4. At reasonable intervals during the progress of work, clean the
site and dispose of waste materials, debris, and rubbish.I
5. Clean interiors of buildings, when applicable, prior to finish
painting, and continue to clean on an as--needed basis until
buildings are ready for occupancy.I
6. Handle materials in a controlled manner with as few handlings
as possible. Do not drop or throw material from heights.
7. When applicable, schedule cleaning operations so that dust and I
other contaminants resulting from the cleaning process will not
fall on wet, newly painted surfaces.

I ~~~~~~~~~~SECTION 01810

PROJECT RECORD DOCUMENTS

Part I -General

1.1 Description

A. Work Included:
1. Keep accurate record documents for all additions, substitutions
of material, variations of work and any other additions or
revisions to the Contract.
B. Related Work Specified Elsewhere:
1. Shop Drawings, Project Data and Samples are specified in
"General Conditions".

I ~~1.2 Maintenance Of Documents

A. Maintain at job site, one copy of:
1. Contract Drawings
2. Specifications
3. Addenda
4. Reviewed Shop
I ~ ~~~5. Change Orders
6. Any other modifications to the Contract
7. Field Test Reports
I ~ ~~B. Store documents in approved files and racks apart from documents
used for construction.
C. File documents in a logical manner indexed for easy reference.
I ~ ~~D. Maintain documents in clean, dry, legible condition.
E. Do not use record documents for construction purposes.
F. Make documents available at all times for inspection by the
Architect/Engineer and Owner.

1.3 Recording

I ~~~A. Label each document "PROJECT RECORD" in large high printed letters.
B. Keep record documents current and do not permanently conceal any
work until required information has been recorded.
I ~ ~~C. Contract Drawings Legibly mark to record actual construction:
1. Depths of various elements of foundation in relation to survey
data.
2. Horizontal and vertical locations of underground utilities and
appurtenances referenced to permanent surface improvements.
a. Include all water, sewer, steam, air, instrumentation and
fuel piping systems and all electrical and communications
I ~ ~~~~~~circuits including all direct burial cables.
b. Whenever any existing utility line is uncovered in the
course of excavation for new utility installation, record
I ~ ~~~~~~location dimensions for such lines.
C. Method of location and recording shall have prior approval
of the Architect/Engineer.

01810-2

3. Location of house service connection points (when applicable)
with any utility (water, sewer, electrical, telephone, etc.)
and the location of capped or plugged ends of these same house
service lines.I
a. Locations shall be recorded by accurate "swing ties" or
other methods approved by the Architect/Engineer.
b. Method of location and recording shall have prior approvalI
of the Architect/Engineer.
4. Location of internal utilities and appurtenances concealed in
construction referenced to visible and accessible features of
structure.
a. Electrical equipment such as conduits, piping,
instrumentation located in slabs, walls and ceilings and
to include approximate locations and routing.I
b. Schematic diagram of actual electric conduit or instrument
tubing routing between equipment and supply.
5. Field changes of dimension and detail and changes made byI
Change Order of Field Order.
6. Details not on original Contract Drawings.
D. Specifications and Addenda - Legibly mark up each section to record:I
1. Manufacturer, trade name, catalog number and supplier of each
product and item of equipment actually installed.
2. Changes made by Change Order or Field Order.

1.4 Submittals

A. At the completion of the project, deliver record documents to the
Architect/Engineer.
B.Accompany submittal with transmittal letter, in duplicate, contain-
B. ing:
1. Date, project title and number.
2. Contractor's name and address.
3. Title and number of each record document with certification
that each document is completed and accurate.I
4. Signature of Contractor, or his authorized representative.
C. Failure to record these locations on the Project Record Drawings
shall result in non-approval of the final payment of the ContractI
and/or if contract time (as specified in accordance with the Stand-
ard General Conditions of the Construction Contract) has elapsed,
this shall be grounds for the enactment of the liquidated damages asI
specified.

END OF SECTIONI

DIVISION 2

I ~~~~~~~~~~~SITE WORK

Scope

I ~ ~The scope of this Division covers the general site work and related provisions
of the Contract.

Contents of Division

I ~~Section No. Section Title

02201 Excavation, Filling, and Grading
02223 Trench Excavation - Earth
02401 Dewatering
02648 Lawns
02653 Filter Fabric
02660 Erosion Control
02694 Footing Drains
02701 Sidewalks - Brick

02901 Granite Blocks

SECTION 02201

EXCAVATION, FILLING & GRADING

PART I - GENERAL

* ~~101 References

Particular attention is drawn to Division I., General Requirements,
all provisions of which are as fully applicable to work done under
this Section as if repeated herein.
* ~~1.2 Description

A. Provide all labor, materials, equipment and supervision necessary
to complete the work specified in this Section as shown on the
* ~~~~~Contract Drawings or both but not limited to the following.

1. Excavation, filling, backfilling, grading and subgrade
* ~~~~~~preparation for concrete work.

* ~~1.2 Quality Assurance

A. Soil testing and inspection service:

1. Owner will provide soil testing and field observation of
I ~ ~~~~earthwork procedures for quality control testing during
earthwork operations.

1.4 Submittals

A. Contractor shall submit a 25 pound sample to an approved testing
laboratory for each type of material to be brought in from off site
for grain size distribution analysis. Test results shall be
submitted at least two (2) weeks prior to anticipated use. All
materials shall conform with the appropriate section of the State
of New Hampshire Department of Public Works & Highways Standard
Specifications and Paragraph 2.2 of this Section.

* ~~1.5 Job Conditions

A. Site information: Borings done prior to initial construction in 1975
have been supplied (Exhibit 02201A). Data on indicated subsurface
I ~ ~~~conditions are not intended as representations or warrants of
continuity of such conditions between soil borings. It is expressly
understood that the Owner will not be responsible for
interpretations of conclusions drawn therefrom by Contractor. Data
are made available for the convenience of Contractor.

1. Additional test borings and other exploratory operations may
I ~ ~~~~~be made by Contractor at not cost to owner.

0220 1-2

B. Existing utilities: Locate existing underground utilities in the
areas of work. If utilities are to remain in place, provide
adequate means of protection during earthwork operations.

1. Should uncharted or incorrectly charted piping or other
utilities be encountered during excavation, consul t the
Engineer immediately for directions as to procedure. CooperateI
with Owner and-utility companies in keeping respective services
and facilities in operation. Repair damaged utilities to
satisfaction of utility owner.3

2. Do not interrupt existing utilities serving facilities occupied
and used by Owner or others, except when permitted in writing
by Engineer and then only after acceptable temporary utilityI
services have been provided.

C. Use of explosives:3

1. No explosives shall be used for any purpose.

D. Protection of persons and property: Barricade open excavations
occurring as part of this work and post with warning lights and
signs. Operate warning lights during hours from dusk to dawn to
each day and as otherwise required.

1. Protect structures, utilities, sidewalks, pavements and other
facilities from damage caused by settlement, lateral movement,
undermining, washout and other hazards created by earthworkI

1.6 Disturbance Of Excavated And Filled Areas During Construction3

A. The Contractor shall take the necessary steps to avoid disturbance
of subgrade during excavation and filling operations. Methods of
excavation and filling operations shall be revised as necessary toI
avoid disturbance of the subgrade, including restricting the use of
rubber tired vehicles or other equipment in areas where subgrade is
above optimum moisture level and will become disturbed due toI
movement of vehicles.

B. All excavated or filled areas disturbed during construction that
will not meet compaction and material requirements as specified
herein shall be removed and replaced with granular backfill (see
item 2.2A). Costs of removal of disturbed material and recompaction
with granular backfill shall be borne by the Contractor. ContractorI
shall be compensated for the cost of disposal of unsuitable material
and supplying of granular backfill material on a unit cost basis
(See Item No. I Section 00022).3

02201-3

PART 2 - PRODUCTS

2.1 Definitions

A. All sieve analysis for conformance of on-site and off-site fill
materials to be used in the Work shall conform to ASTM D-422. In
addition to the requirements of this ASTM designation all materials
beyond the #60 sieve shall be done by means of a mechanical wet
sieve analysis.

2.2 Solid Materials

A. Granular Backfill: Material for Granular Backfill base shall be a
sandy gravel, free of organic material, trash, snow, ice, frozen
soil and other objectionable material and shall be well graded
within the following limits.

SIEVE SIZE PERCENT FINER BY WEIGHT

3" 100
1/2" 50-85
#4 40-75
#40 10-35
#200 0-10

On-site material may be used for granular backfill provided the material
conforms to the requirements of the specifications for this type of backfill.

B. Coarse gravel: Material for coarse gravel shall be free of organic
material, trash, snow, ice, frozen soil, and other objectional
material and shall fall within the following limits:

SEIVE SIZE PERCENT FINER BY WEIGHT
2" 100
1/2" 75 - 90
#4 0

PART 3 - EXECUTION

3.1 Inspection

A. Examine the areas and conditions under which excavating, filling and
grading are to be performed and notify the Engineer in writing of
conditions detrimental to the proper and timely completion of the
work. Do not proceed with the work until unsatisfactory conditions
have been corrected in an acceptable manner.

02201-4

3.2 Excavation

A. Excavation consists of removal and temporary storage of materials
encountered when establishing required grade elevations.I

B. Perform all excavation of every description and of whatever
substances encountered to the depths and extent indicated for theU
proper installation of the work.

C. Excavate to the exact depth required for all drainage systems.
Drainage trenches shall be over excavated to accommodate pipe beddingI
as specified hereinafter.

D. Unauthorized excavation consists of removal of materials beyond
indicated subgrade elevations or dimensions without specific
direction of Engineer.

1. Backfill and compact unauthorized excavations with materials as
specified for authorized excavation of same classification,
unless otherwise directed by Engineer. This work shall be
completed at no additional cost to the Owner.
E. Stability of excavation: Slope sides of excavation to comply with
local codes and ordinances having jurisdiction. Shore and brace
where sloping is not possible either because of space restrictions
or stability of material excavated.

1. Maintain side and slopes of excavation in a safe conditionI
until completion of backfilling.

2. Contractor is responsible for assessing influence of tidal
fluctuations on excavations.

P. Shoring and bracing: Provide adequate shoring and bracing, such as
sheet piling, uprights, stringers and cross-braces, in goodI
serviceable condition.

1. Trench shoring and bracing shall comply with local codes and3
authorities having jurisdiction.

02 201-5

2. Maintain sharing and bracing in excavations regardless of time
period excavations will be open. Carry down shoring and
* ~~~~~~bracing as excavation progresses.

G. Dewatering: Prevent surface water and subsurface or ground water
from flowing into excavations or onto any work and from flooding
I ~ ~~~~project site and surrounding area.
1. Do not allow water to accumulate in excavations. Remove water
to prevent softening of subgrades and soil changes detrimental
to stability of subgrades. Provide and maintain pumps, sumps,
suction and discharge lines and other dewatering system
* ~~~~~~components necessary to convey water away from excavations.

H. Material storage: Stockpile satisfactory excavated materials and
granite blocks until required for backfill and resetting near edge
of stockpile shall be a minimum of 30' from granite wall. Place,
grade and shape stockpiles for proper drainage.

I. Excavation for structures: Conform to elevations and dimensions
0.10' and extending a sufficient distance from footings and
foundations to permit placing and removal of concrete formwork,
installation of services, other construction required and for
I ~ ~~~~inspection.
1. in excavating for footings and foundations, take care not to
disturb bottom of excavation. Excavate by hand to final grade
just before concrete is placed. Trim bottoms to required lines
and grades to leave solid base to receive concrete.

2. If requested by the Engineer, the Contractor shall overexcavate
approximately 6" for footings and place a working mat ofcrush-
ed stone to prevent subgrade disturbance of material in place
* ~~~~~~or in fill material.

J. Excavation for pavements: Cut surface under pavements to comply
with cross-sections, elevations and grades as shown.

K. Excavation for ditches: Cut ditches to cross-sections and grades as
shown. Deposit excavated materials to prevent cave-ins or material
falling or sliding into ditch. Keep ditches free of debris until
final acceptance of the work.
L. Excavation for utilities: The trench for the pipe shall be
I ~ ~~~excavated to the required line and grade and of sufficient width to
permit thorough compacting and tamping of the fill material under
the haunches and around the pipe. In general, utility trenches

02201-6

shall be excavated to a point 6 inches below the bottom of the
utility line to accommodate bedding material as specif ied
hereinafter. Soft or unsuitable material encountered below the
normal bedding line of the pipe shall be removed as directed,
replaced with selected material, gravel or crushed stone andI
thoroughly compacted. The bottom of the trench shall be shaped to
conform to the curvature of the pipe. This bed shall also be
excavated to accommodate the bells of pipes.I

M. Removal of unsatisfactory soil materials: Excavate unsatisfactory
soil materials encountered that extend below required elevations and
beyond required excavation to additional depth directed by the
Engineer.

1. Costs of such additional excavation, shall be borne by theI
Contractor.

2. Material that is above or below optimum moisture for compaction
of the particular material on place as determined by the Soils
Representative and is disturbed by the Contractor duri ng
construction operations so that proper compaction cannot be
reached shall not be construed as unsuitable bearing materials
or unsatisfactory soil materials. This material shall be
removed and replaced with lean concrete or compacted gravel
fill at no additional charge.I
N. Cold weather protection: Protect excavation bottoms against
freezing when atomspheric temperature is less than 35 degrees P.

3.3 COMPACTION

A. General: Control soil compaction during construction providing
minimum percentage of density specified for each area
classification.

B. Percentage of maximum density requirements: Provide not less than
following percentages of maximum density of soil material as
determined by ASTM Test D1557 Method C, latest revision (modifiedI
proctor).

1. Lawn or Unpaved Areas: Compact top 6" of subgrade and each
layer or backfill or fill material to a density approximating
that of the adjacent undisturbed material but to a minimum of
90%.I

2. Walkways: Compact top 6" of subgrade to 96% and each layer of
backfill material to 96% maximum density.

I ~~~~~~~~~~~~~~~02 20 1-7

C. Moisture control: Where subgrade or layer of soil material must be
moisture conditioned before compaction, uniformly apply water to
surface of subgrade, or layer of soil material, to obtain optimum
moisture content.

I I~~~~1 Remove and replace or scarify and air dry, soil material that
is too wet to permit compaction to specified density.
a. Soil material that has been removed because it is to wet
I ~ ~~~~~to permit compaction may be stockpiled or spread and
allowed to dry. Assist drying by discing, harrowing or
pulverizing, until moisture content is reduced by a
satisfactory value, as determined by moisture-density
relation tests.
3.4 Backfi'll

A. General: Place acceptable soil material in layers to required
subgrade elevations for each area classification listed below.

1 ~~~~1. Adjacent to granite seawall and under walkways, and landscaped
areas, fill material shall be granular backfill.

B. Backfill excavations as promptly as work permits, but not until
completion of the following.

1. Acceptance by Engineer of construction below finish grade,
including, but not limited to:

- Concrete has reach 75% of 20 day strength.
- Subsurface drainage system installed to manufacturer's
recommendations.
- Granite blocks are properly grouted into place to be level
and plumb with proper batter.
2. Inspection, testing, approval and recording locations of
* ~~~~~~underground utilities.

3. Removal of concrete framework.

4. Removal of shoring and bracing and backfilling of voids with
satisfactory materials. Cut off temporary sheet piling driven
below bottom of structures and remove in manner to prevent
settlement of the structure or utilities or leave in place if
required.
* ~~~~5. Removal of trash and debris.

C. Ground surface preparation: Remove vegetation, debris,
unsatisfactory soil materials, obstructions and deleterious
* ~~~~materials from ground surface prior to placement of fills.

02201-8

D. Placement and compaction: All compacted fill shall be placed in
layers having a maximum loose layer thickness of 18 inches. Each
layer shall be systematically compacted to the density specified
here inbe fore.
1. Compaction equipment in confined areas shall be accomplished by
hand operated vibratory equipment or mechanical tampers asI
approved by the Soils Inspector.

2. Fill layers shall not be left in an uncompacted state at the
close of a day's operations. Prior to terminating operationsI
for the day, the final layer of fill, after compaction, shall
be rolled with a smooth-wheeled roller to eliminate ridges of
soil left by tractors, trucks and compaction equipment. SlopeI
all fill to drain at termination of work day.

3. The Contractor shall not place a layer of compacted fill on
snow, ice or soil that was permitted to freeze prior toI
compaction. Removal of these unsatisfactory materials will be
required as direct by the Soils Representative.

4. Each lift of placed and compacted material shall be tested by
the Soils Representative. Do not proceed with additional lifts
until authorized by the Soils Representative. See paragraph
3.7 for requirements.
3.4 Grading

A. General: Uniformly grade areas within limits of grading under this
section, including adjacent transition areas. Smooth finished
surface within specified tolerances, compact with uniform levels orI
slopes between points where elevations are shown, or between such
points and existing grades.

B. Grading Under Walkways: Grade areas under walkways to slope awayI
from granite wall at 1/16" per foot. Finish surface shall be free
from irregular surface changes.

C. Grading Outside Walkways: Grade are-as outside walkways to slope
away from walkways and towards catch basin at station 53 offset
17.9' right.

D. Compaction: After grading, compact subgrade surfaces to the depth
and percentage of maximum density for each area classification.

0220 1-9

3.5 Field Quality Control

A. All operations under this Section of the Specification will be sub-
ject to the continuous observation of the Engineer and of a soils
testing laboratory, engaged and paid directly by the Owner except as
described herein. The Engineer or the laboratory will determine
I ~ ~~~conformance of materials and workmenship, particularly compaction,
to the requirements of this Specification.

1. The laboratory shall make such tests of materials and
I ~ ~~~~~compaction as the Engineer directs. Costs of such test shall
be borne by the Contractor only when they indicate
noncompliances of materials or compaction to the requirements
of this Specification. Cost of tests shall be borne by the
Owner when they indicate compliance of materials or compaction
to the requirement of the Specification.

I ~ ~~~2. The laboratory will defer testing of an area until the
Contractor states that he has reached the specified compaction
on the particular area. The laboratory will make a reasonable
I ~ ~~~~number of tests or visual examinations of materials proposed
for fill at no charge to the Contractor, but the Owner reserves
the right to make charges for such tests where Contractor
repeatedly proposed marginal materials for test or examination.
3. Areas for which tests indicate insufficient compaction shall be
re-compacted andretested until the areas conform to the
requirement of Specification.
* ~~3.6 Maintenance

A. Protection of graded areas: Protect newly graded areas from traffic
and erosion and keep free of trash and debris.

I ~~~~1. Repair and re-establish grades in settled, eroded, and rutted
areas to specified tolerance.

B. Reconditioning compacted areas: Where completed compacted areas are
disturbed by subsequent construction operations or adverse weather,
scarify surface, re-shape, and compact to required density prior to
* ~~~~~further construction.

02201-10

3.7 DisPosal Of Excess And Waste Materials

A. Removal to designated areas on Owners's property:

1. Remove excess materials, including excavated backfill material
and unsuitable material from the Owner's property and legally
dispose of it.

END OF SECTION

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50'TOMOF OL-A

SECTION 022231
TRENCH EXCAVATION - EARTH

PART I - GENERALI

1.1 Description
A. Work Included:
1. Trench excavation work in earth includes the removal of sand,
gravel, existing sewers and manholes, ashes, loam, clay, swamp muck,
trolley tracks, soft or disintegrated rock or hard pan, stumps,I
existing sewers and manholes which can be removed with a backhoe, or
a combination of such materials, and boulders measuring less than
one cubic yard for the installation of pipes and appurtenant
structures.
2. All trench excavation shall be classed as earth or ledge.
B. Related Work Specified Elsewhere (When Applicable):
1. Traffic regulation is specified in Division 1.I
2. Clearing, removal and replacement of paving, trench excavation-
ledge, material, manholes, an
d catch basins, when applicable, are
specified in the appropriate Sections in this Division.
3. Pipe and pipe fittings, valves, gates, and hydrants, when applic-
able, are specified in this Division.

1.2 Job Conditions
A. Utilities:
I. The locations of known buried water lines, sewer lines, telephoneI
cables, storm drains, culverts, gas mains, electric conduits, and
other utilities are shown on the Drawings. No guarantee is made as
to the correctness of the locations shown and to the completeness of
the information given.I
2. Discontinue excavation bv machinery when the excavation approaches
pipes, conduits, or other underground structures of which the
approximate locations are known. Use manual excavation methods toI
locate the obstructions.
B. Existing Structures;
1. Perform excavation in such a manner that will prevent any pos-
sibility of undermining and disturbing the foundations of any exist-I
ing structures and any work previously completed under this
Contract.
2. Where existing buildings and other structures are in close proximityI
to the proposed construction, exercise extreme caution and utilize
sheeting, bracing, and whatever other precautionary measures that
may be required.
C. Repairing Damage: Repair, or have repaired, all damage to existing
utilities, structures, lawns, other public and private property which
results from construction operations, at no additional expense to the
Owner. to the complete satisfaction of the Engineer, the utility companyI
and the property owner.

0222 3-2

* ~~PART 2 -PRODUCTS

2.1 Materials
A. The Contractor shall not have any right of property in any suitable
I ~ ~~materials taken from any excavation. Do not remove any such materials
fornfi the construction site without the approval of the Engineer. This
provision shall in no way relieve the Contractor of his obligations to
I ~~~remove and dispose of any material determined by the Engineer to be
unsuitable for backfilling.
B~. Unsuitable Material:
1. If, in the opinion of the Engineer, the material encountered above
I ~ ~~~the indicated grade shown on the Drawings for excavation is unsuit-
able material, remove the material to the widths and depths as
directed by the Engineer. Replace this material as specified in the
"Backfilling, Compaction, Control and Testing" Section of this
2. If, in the opinion of the Engineer, the material encountered at or
blwthe indicated grade shown on the Drawings for excavation is
unstable material, remove the material to the full width of the
trench and to a minimum depth of 12-inches below the pipe. Replace
this material with thoroughly compacted, suitably screened gravel or
I ~ ~~~~crushed stone bedding material.
3. All excavated materials designated by the Engineer as unsuitable
shall become the property of the Contractor and disposed of at
locations acceptable to or designated by the Owner, at no additional
cost to the Owner.
C. Embankment Material: Obtain prior approval and instructions from the
Engineer prior to undertaking the excavation for pipe placement of any
fill material that has been in an embankment less than one year.
PART 3 - EXECUTION

3.1 Performance
A. General:
1. Unless otherwise specifically directed or permitted by the Engineer,
I ~ ~~~~begin excavation at the low end of sewer lines and proceed upgrade.
2. Perform excavation for sewers and drains in a logical sequence.
B. Amount of Excavation:
I ~ ~~~1. Trench Width: As shown on the Drawings.
2. Trench Depth: As shown on the Drawings.
3. Open Excavation:
a) The extent of open excavation shall be controlled by prevailing
I ~ ~~~~~conditions.
b) Open excavation shall, at all times, be confined to the limits
prescribed by the Engineer.
I ~ ~~~4. Unauthorized Excavation:
a) Backfill to the specified grade any excavation beyond the
limits stated above and as shown on the Dr-awings (unless speci-
fically ordered by the Engineer) with thoroughly compacted
I ~ ~~~~~crushed stone or screened gravel.
b) Backfilling unauthorized excavation shall be at no additional
cost to the Owner.

02223-3
Part 3 -Execution (Continued)I

C. Shoring and Bracing: As the excavation progresses, install such shoring
and bracing necessary to prevent caving and sliding and to meet theI
requirements of the State and OSHA safety standards.

END OF SECTION

SECTION 02401

DEWATERING

PART I - GENERAL

1.1 Description

I ~~~A. Work Included: Furnish, operate and maintain dewatering equipment
for the control, collection and disposal of ground and surface water
entering trenches and excavations.
I ~~~B. Related Work Specified Elsewhere (When Applicable)., Trench
excavation - earth, trench excavation - ledge, structural
excavation, and backfilling, compaction, control and testing are
specified in the appropriate Sections in this Division.

PART 2 - PRODUCTS

* ~~2.1 Materials

A. Provide, operate, and maintain a dewatering system to remove all
water from excavations and trenches containing pumps, drains,
wellpoints, piping and any other facilities necessary to keep the
excavations and trenches free of water, including spare units
I ~~~~~available for immediate use in the event of equipment breakdowns.

PART 3 - EXECUTION

3.1 Performance

A. General:
1. Keep excavations and trenches dry until the structures, pipes,
I ~~~~~~and appurtenances to be build therein have been completed to
such an extent that they will not be damaged.
2. Perform dewatering work when necessary at no additional cost to
the Owner.
B. Disposal of Water:
1. Dispose of water pumped or drained from the construction site
in a suitable manner to avoid public nuisance, injury to public
I ~~~~~~health, damage to public and private property, and damage to
the work completed or in progress.
2. Provide suitable temporary channels for water that may flow
I ~~~~~~along or across the construction site.
C. Damage:
1. All damage resulting from the dewatering operations, or the
failure of the Contractor to maintain the work in a suitable
I ~~~~~dry condition shall be repaired by the Contractor, to the
satisfaction of the Engineer, at no additional cost to the
* ~~~~~~Owner.

02401-2

D. Cofferdams:
1. Design, construct, maintain, and remove cofferdams where
necessary for the dewatering, control, and diversion of water
to keep excavations and trenches free of water.
2. Design and construct cofferdams to withstand all imposed loads
to prevent injury to persons and property. Construct
cofferdams to depths to permit a reasonable change in depths of
the work, of sufficient height to prevent flooding, and of such
dimensions to give sufficient clearance for construction and
inspection.
3. Remove cofferdams, including all sheeting and bracing, after the
completion or permanent construction.
E. Temporary Underdrains:
1. When necessary, lay temporary underdrains in the excavation.
2. Excavate trenches to suitable dimensions to provide space for
the underdrains and surrounding gravel.
3. Install underdrains a distance of at least 3 inches below the
bottom of the pipe or structure and the top of the bells of the
underdrain pipes, unless otherwise permitted by the Engineer.
4. Underdrain pipe shall be vitrified clay, concrete or P.V.C.
pipe of standard thickness. Sewer pipe of the qualify known as
"seconds" will be acceptable.
5. Entirely surround the underdrain and fill the space between the
underdrain and the pipe or structure with screened gravel or
crushed stone.
6. Compact the gravel or crushed stone, if necessary, and leave
the surface suitable for laying the pipe or building the
structure.
F. Wellpoint System:
1. If required, dewater the excavations and trenches by an
efficient drainage wellpoint system to drain the soil and
prevent saturated soil from flowing into the excavated area.
2. Use wellpoints designed for dewatering work.
3. Use pumping units designed to be used with wellpoints, capable
of maintaining high vacuums, and capable of handling large
volumes of air and water at the same time.

End Of Section

U ~~~~~~~~~SECTION 02648

LAWNS

I ~~~PART I - GENERAL

1. 1 Description

A. Work Included - Perform the following items of work required to
complete the work of this Section, as shown on the Drawings and
specified herein.
I I~~~~~. Spread loam and establish lawns in all areas where excavation
or temporary stockpiles have destroyed lawns.
B. Related Work Specified Elsewhere:
U I~~~~~. Contractor shall coordinate this work with all work in
related Sections of this specification.

3 ~~1.2 Scope

A. The work of this Section consists of all Lawn and Fine Grading work
and related items as indicated on the Drawings and/or as specified
I ~ ~~~~herein and includes, but is not limited to, the following:
1. Fine grading and Loaming
2. Fertilizer and seeding
3. Maintenance and protection
I ~~1.3 Samples

A. Prior to ordering the below listed materials, submit representative
samples of Architect for selection and approval, in accordance with
requirements of General Conditions and Supplementary General
Conditions as follows. Do not order materials until Architect's
approval has been obtained. Delivered materials shall closely match
* ~~~~~the approved samples.

1. Loam Borrow: The Contractor shall provide representative
samplesfor testing and approval as directed by the Architect.
Contractor shall deliver samples to testing laboratory, having
testing report sent directly to the Architect and pay all
costs.
a. Mechanical and chemical (pH soluble salts) analysis shall
I ~ ~~~~~be by a public extension service agency or a certified
private testing laboratory in accordance with the
curen"standards" of the Association of Official
Agriculture Chemists".
b. Report shall be submitted at least one month before any
loaming is done. Soil tests shall be tested for Nitrate
Nitrogen, Aumomium Nitrogen, Phosphorus, Potassium,
Calcium Aluminum, Soluble Salts and show acidity of the
Soil.

02 648-2
2. Seed: Submit a manufacturer's Certificate of Compliance to the
Specifications with each shipment of each type of seed. These
certificates shall include the guaranteed percentage of purity,
weed content and germination of the seed and also the net
weight and date of shipment. No seed may be sown until theI
Contractor has submitted the certificates.

1.4 Certificate Of AcceptanceI

A. The Architect will inspect all work upon the written request of the
Contractor received at least ten days before the anticipated date of
inspection.
B. Seeded fine lawns shall be maintained until all areas have a close
stand of grass which has received three mowings, have no bare spots
greater four inches in diameter and at least 80% of the grassI
established is permanent grass species. Seeded field grass areas
shall be mowed to height of 4 inches following one(l) full growing
season prior to acceptance.
C. Furnish full and complete written instructions for maintenance ofI
the lawns to the Owner at the time of acceptance.
D. Architect's inspection shall determine whether maintenance shall
continue in any part.I
E. After all necessary corrective work and clean-up has been completed
and maintenance instructions have been received by the Owner, the
Architect will certify in writing the acceptance of the lawns. The
contractor's responsibility for maintenance of lawns or parts ofI
lawns shall cease on receipt of the Certificates of Acceptance.

1.5 InspectionI

A. All areas to be fine graded and seeded shall be inspected by the
Contractor before starting work. Any defects such as incorrectI
grading, etc., shall be reported to the Architect prior to beginning
this work. The commencement of work by the Contractor shall
indicate his acceptance of the areas to be fine graded and seeded
and he shall assume full responsibility for the work of thisU
Section.

PART 2 -PRODUCTS

2.1 Loam
A. Loam shall be a "fine sandy loam" or a "sandy loam" determined by
mechanical analysis and based on the"U.S.D.A. classificationI
system". - It shall be of uniform composition, without a mixture of
subsoil. It shall be free of stones greater than one inch, lumps,
plants and their roots, debris and other extraneous matter over oneI
inch in diameter or excess quantities of smaller pieces of the same
materials as determined by the Architect. It shall not contain
toxic substances harmful to plant growth. It shall be obtained from
naturally well drained areas which have never been stripped before
and have a history of satisfactory vegetative growth.

02648-3

B. Loam shall have an acidity range of pH 5.8 to pH 7.0 and shall
I ~ ~~~contain not less than 4% nor more than 20% organic matter as
determined by the loss of ignition of oven-dried samples. Test
samples shall be oven-dried to a constant weight at a temperature of
I ~~~~~2300F. plus or minus 90.
C. The topsoil stripped and stockpiled on the site may be used provided
that, after testing and addition of necessary additives, it meets
the above specification. The Contractor shall provide additional
loam as required to obtain the volume called for on the Drawings.

* ~~2,2 Soil Additives

A. Commercial fertilizer, peat, humus or other additives shall be used
to counteract soil deficiencies as recommended by the soil analysis
I ~~~~~and as directed by the Architect.
a. Commercial fertilizer shall be a product complying with the
State and United States fertilizer laws. Deliver to the site
in the original unopened containers which shall bear the
I ~~~~~manufacturer's certificate of compliance covering analysis
which shall be furnished to the Architect. At least 50% by
weight of the nitrogen content shall be derived from organic
I ~~~~~materials. Fertilizer shall contain not less than the
percentages of weight of ingredients as follows or as
recommended by the soil analysis:
I ~~~~~~~~Nitrogen Phosphorus Potash
10% 6% 4%

B. Humus shall be natural humus, reed peat or sedge peat. It shall be
free from excessive amounts of zinc, low in wood content, free from
hard lumps and in a shredded or granular form. According to the
methods of testing of A.O.A.C., latest edition. The acidity range
shall be approximately 5.5 pH to 7.5 pH and the organic matter shall
be not less than 85% as determined by loss on ignition. The minimum
water absorbing ability shall be 200% by weight on an. oven-dry
I ~~~~~basis.
C. Limestone
1. Cround limestone shall be an approved agricultural limestone
containing not less than 85% of total calcium or magnesium
carbonates. Limestone shall be ground to such fineness that
50% will pass a 100 mesh sieve and 95% will pass through a 20
mesh sieve.
I ~~~D. Superphospate
1. Superphospate shall be composed of fine ground phosphate rock
as commonly used for agricultural purposes containing not less
I ~~~~~~than 18% available phosphoric acid.

02648-4

2.3 Seeds

A. Seed mixture shall be fresh, clean, new crop seed. Grass shall be
of the previous year's crop and in no case shall the weed seed
content exceed 1% by weight. The seed shall be furnished and
delivered in the proportion specified below in new, clean, sealed
and properly labeled containers. All seed shall comply with State
and Federal seed laws. Submit manufacturer's Certificates of
Compliance. Seed which has become wet, moldy or otherwise damaged
shall not be acceptable. No seed shall be sown until the Contractor
has submitted the certificates.
B. Grass shall be of the previous year's crop and in no case shall the
weed seed content exceed one percent (1%) by weight. Grass seed
shall conform to the requirements of the following tables:

Proportion Germination Purity
Minimum Minimum

For Fine Lawns

Creeping Red Fescue 50% 85% 95%
or Chewing's Fescue

Kentucky Bluegrass 20% 85% 90%

Manhattan Perennial Rye 20% 90% 90%

Red Top 10% 85% 92%

For Field Grass

Creeping Red Fescue 40% 85% 95%
or Chewing"s Fescue

Kentucky Bluegrass 25% 85% 90%

Kentucky 32 Fescue 20% 85% 95%

Red Top 10% 85% 92%

White Clover 5% 85% 96%

C. Seed may be mixed by an approved method on the site or may be mixed
by a dealer. If the seed is mixed on the site, each variety shall
be delivered in the original containers which shall bear the
dealer's guaranteed analysis. If the seed is mixed by a dealer, the
Contractor shall furnish the Architect the dealer's guaranteed
statement of the composition of the mixture.

02648-5
2.4 Equipment
A. Suitable water, hose and other watering watering equipment required
for the execution of this work and maintenance shall be provided by
the Contractor. Water shall be free from impurities injurious to

* ~~2.4 Mulch

A. After the areas to be loamed have been brought to grade and
immediately prior to dumping and spreading the loam, the subgrade
I ~ ~~~shall be loosened by disking or rototilling to a depth of at least
four inches to permit bonding of the loam to the subsoil. Remove
all stones greater than two inches and all debris or rubbish. Such
material shall be removed from the site.
B. Loam shall be placed and spread over approved areas to a depth
sufficiently greater than six inches so that after natural
settlement and light rolling the completed work will conform to the
I ~ ~~~~lines, grades and elevations indicated. Supply additional loam,
after testing and approval, as may be needed to give the specified
depths and finished grades under the contract without additional
I ~ ~~~~cost to the Owner.
C. Disturbed areas outside the limit of seeding shall be spread with
six inches of loam to the finished grade.
D. No subsoil or loam shall be handled in any way if it is in a wet or
I ~ ~~~~frozen condition.
E. Sufficient grade stakes shall be set for checking the finished
grades. Stakes must be set in the bottom of swales and at the top
of slopes. Grades shall be established which are accurate to 1/10th
U ~~~~~of a foot either way. Connect contours and spot elevations with an
even slope.
F. After loam has been spread, it shall be carefully prepared by
scarifying or harrowing and hand raking. All large stiff clods,
lumps, brush, roots, stumps, litter and other foreign matter and
stones over one inch in diameter shall be -removed from the loam.
Loam shall also be free of smaller stones in excessive quantities as
determined by the Architect.
G. The whole surface shall then be rolled with a hand roller weighing
not more than 100 lbs per foot of width. During the rolling, all
depressions caused by settlement of rolling shall be filled with
additional loam and the surface shall be regraded and rolled until
presenting a smooth and even finish to the required grade.
H. Contractor shall obtain Architect's written approval of fine grading
and bed preparation before doing any seeding.

* ~~3,2 Seeding

A. Limit of work line shall be limit of seeding unless otherwise
indicated on the Drawings. Areas on the plan are to be loamed and
I ~ ~~~~seeded after written approval of the finished grading or as directed
by the Architect. All disturbed areas outside the limit of seeding
shall be seeded.

02648-6

B. Seeding shall be done only during the period from April 1 to June 1
or August 15 to October 15. The actual planting of seed shall be
done, however, only during periods within this season which are
normal for such work as determined by weather conditions and by
accepted practice in this locality. At his option and on his
responsibility, the Contractor may plant seed under unseasonable
conditions without additional compensation, but subject to
Architect's approval of time and methods.
C. Soil additives shall be spread and thoroughly incorporated into the
layer of loam and the upper one inch of the underlying subsoil by
harrowing or other methods approved by the Architect. The following
soil additives shall be incorporated:
1. Spread ground limestone as required by soil analysis to achieve
a pH of 6.0 to 6.5, but the maximum amount applied shall be one
pound per square yard.
2. Spread fertilizer at the rate of 25 lbs per 1,000 square feet,
or more, as recommended by the soil analysis.
3. Spread superphospate at the rate of 20 lbs per 1,000 square
feet.
4. Spread humus as required by soil analysis.
D. Seed only when the bed is in a firable condition, not muddy or hard.
E. Seeding shall be done in two directions at right angles to each
other. Sow the seed with approved seeding device at the rate of
five lbs per 1,000 square fee. No seeding shall be done in windy
weather.
F. If covering and rolling is not properly accomplished by the seeding
machine, the seed shall be lightly raked into the ground, after
which the ground shall be rolled with a five hundred pound roller
andthoroughly and evenly watered with a fine spray to penetratethe
soil to a depth of at least two inches.

3.3 Hydroseeding

A. Limit of work line shall be limit of hydroseeding unless otherwise
indicated on the Drawings. Areas on the plan are to be loamed and
hydroseeded after written approval of the finished grading or as
directed by the Architect. All disturbed areas outside the limit of
hydroseeding shall be hydroseeded.
B. Seeding shall be done only during the period from April 1 to June 1
or August 15 to October 15. The actual planting of seed shall be
done, however, only during periods within this season which are
normal for such work as determined by weather conditions and by
accepted practice in this locality. At his option and on his
responsibility, the Contractor may plant seed under unseasonable
conditions without additional compensation but subject to
Architect's approval of time and methods.
C. For construction methods conform to Hydraulic Method requirements
specified in the Standard Specifications for Road and Bridge
Construction, State of New Hampshire, Section 644, Paragraph 3.5.2
and as specified herein.

02 648-7

D. Prior to the start of work, the Architect shall be furnished with a
with a certified statement for approval as to the number of pounds
of material to be used per 100 gallons of water. This statement
shall also specify the number of square feet of seeding that can be
covered with the quantity of solution in the hydroseeder.
E. Fertilizer shall be added to the hydroseeding slurry at the rate of
25 pounds per 1,000 square feet, or more, as recommended by the soil
I ~~~~~analysis.
P. Limestone shall be added to the hydroseeding slurry as required by
soil analysis to achieve a pH of 6.0 to 6.5, but at a maximum rate
of one pound per square yard.
C. Seed shall be added to the hydroseeding slurry at the rate of 5
pounds per 1,000 square feet.
H. A mobile tank with a capacity of at least 500 gallons is to be
I ~~~~~filled with water, seed, a fertilizer, in quantities so they may be
sprayed in the specified proportions per unit of area to beseeded.
The slurry must be thoroughly mixed by means of a centrificalpump
using the turret or hose application technique from the mobile tank.
The hose or turret shall be equipped with a seeding nozzzle ofa
proper design to insure even distribution of the seed and fertilizer
solution over the area to be seeded and shall be operated by a
I ~~~~~person thoroughly familiar with this type of seeding operation.
I. Straw mulch shall be applied within a minimum of (1/2) one half hour
of hydroseeding at the rate of 2 tones per acre.

3.4 Maintenance And Protection

A. Maintenance shall begin immediately after any area is seeded or
hydroseeded and shall continue until acceptance. In the event that
seeding operations are completed too late in the Fall for adequate
germination and growth of grass, then maintenance shall continue
into the following Spring until acceptance.
B. Maintenance shall include reseeding, rehydroseeding, mowing,
wateingweeding and fertilizing.
C.Watering of Seeded Areas
1. First Week: The Contractor shall provide all labor and arrange
for all watering necessary to establish an acceptable lawn.
In the absence of adequate rainfall, watering shall be
performed daily or as often as necessary during the first week
and in sufficient quantities to maintain moist soil to a depth
of at least two inches.
2. Second and Subsequent Weeks: The Contractor shall water the
lawn as required to maintain adequate moisture, in the upper
two inches of soil, necessary for the promotion of deep root
growth.
I ~~~~3. Watering shall be done in a manner which will provide uniform
coverage, prevent erosion due to application of excessive
quantities over small areas, and prevent damage to the finished
I ~~~~~~surface by the watering equipment. The Contractor shall
furnish sufficient watering equipment to apply one complete
coverage to the seeded areas in an eight hour period.

02648-8I
D. Protection
1. Seeded areas shall be protected by a three foot high barrier
constructed of two by four stakes or iron pipes, set eighteenI
inches in the ground at ten foot intervals and connected by
#10 wire. Flags of white cloth shall be secured to the wire at
center points between stakes.
2. Barriers must be raised immediately after seeding and shall'be
maintained until acceptance.
E. After the grass in seeded areas has appeared, all areas and parts of
areas which, in the opinion of the Architect, fail to show a uniformI
stand of grass, -for any reason whatsoever, shall be reseeded or
rehydroseeded and such areas and parts of areas shall be seeded
repeatedly until all areas are covered with a satisfactory growth of
grass. Reseeding together with necessary grading, fertilizing and
trimming shall be done at the expense of the Contractor who shall
spread the seed by a method approved by the Architect and during an
approved season. .
F. Mowing
1. The Contractor shall keep fine lawn areas moved until
acceptance of the contract by cutting to a height of 2 1/2
inches when growth reaches six inches or as directed by theI
Architect.
2. The Contractor shall mow the field grass areas to a height of
4t1 at the end of the growing season or as directed by theI
Architect. Fieldgrass areas shall be moved at least once prior
to acceptance of the Contract.

END OF SECTION

I ~~~~~~~~~~SECTION 02653

FILTER FABRIC

I ~~PART I - GENERAL

A. Work Included: Furnish and install mira drain drainage panels with
I ~ ~~Filter fabric on one side only of the type and in the location as shown
on the Drawings and specified herein.
B. Acceptable Manufacturers:
1. Mirafi Inc.

3 ~~PART 2 -PRODUCT

A. Materials:

* ~~~~1. The filter fabric shall consist of continuous filament fibers which
are formed into a sheet by heat bonding. It shall be tear resistant
and be capable of conducting water.

I ~~~~2. The fabric shall retain its durability and strength when it is wet.

3. The fabric shall not decompose under all soil conditions such as
high acidity, alkalinity, or salinity.
4. The drainage core shall have a minimum compressive strength of 4000
3 ~~~~~psf.

PART 3 - EXECUTION

* ~~~A. installation:

1. Trench shall be clean and free from sharp objects such as roots and
3 ~~~~~stones.

2. The filter fabric shall be lapped a minimum of 6-inches when joining
3 ~~~~~two pieces together.

3. Care shall be taken when dropping backfill into the trench.

4. Filter fabric damaged during or prior to installation shall be
I ~ ~~~~removed and replaced at no additional cost to the Owner.

* ~~~~5. Tips shall be cut off of core dimples to drain into weep holes.

6. Installation shall be according to manufacturers recommendations.

END OF SECTION

SECTION 026601

EROSION CONTROL

Descript ion

1.1 This work shall consist of furnishing and placing mulch on surfaces
prepared and seeded under other items, at locations shown on the plans orI

Materials

2.1 Mulch shall consist of late cut, matured, and cured hay. When air-dried
in the loose state for 24 hours, the contents of a representative bale shall
lose not more than 15 percent of the original weight of the bale. It shall beI
free from primary noxious weed seeds and rough or woody materials.

Construction Requirements

3.1 Mulch

3.1.1 Mulching shall be done immediately after each area has been properlyI
prepared. When seed for erosion control is sown prior to placing the mulch,
the mulch shall be placed on the seeded areas within 48 hours after seeding.
Hay that has been thoroughly fluffed shall be applied at approximately, butI
not to exceed 3 tons per acre unless ordered. Blowing chopped mulch will be
permitted when authorized. Authorization will be given when it can be
determined that the mulch fibers will be of such length and applied in such a
manner that there will be a minimum amount of matting that would retard theI
growth of plants. Matted mulch or bunches shall be removed or otherwise taken
care of to the satisfaction of the Engineer.

3.1.2 in order to prevent its being blown away, after the mulch has been
spread to the required depth, a light covering of loose branches, a system of
pegs and strings, or other approved method shall be employed. Unless
otherwise ordered, such means of control shall be removed prior to the
acceptance of the project.

3.2 Maintenance

3.4.1 The Contractor shall maintain areas mulched with no extra compensation,
until the completion of the contract.

END OF SECTION

SECTION 02694

FOOTING DRAINS

U ~~~PART I - GENERAL

1.01 DESCRIPTION

A. Work included in this Section:
Furnish and install PVC Footing Drain Pipe and fittings of type and
U ~ ~~~~size specified herein.

PART 2 - PRODUCTS

3 ~~~2.01 MATERIALS

3 ~~~~A. Pipe and Fittings

I1. Heavy wall perforated PVC. All pipe to be 2" diameter.
Couplings and fittings shall be of the same materials as the
3 ~~~~~~~pipes.

2. Filter fabric (surrounding the drainage panel) shall be
3 ~~~~~~recommended by drainage panel manufacturer.

PART 3 - EXECUTION

3 ~~~3.01 PLACING OF PIPE

A. Pipe shall be bedded in a 1 1/2" layer of mortar and shall pitch to
drain to the river. Do not install defective pipe. Lay pipe in
I ~ ~~~~accordance with manufacturer's recommendations as approved by the
Architect/Engineer.

U ~~~~~~~~~END OF SECTION

SECTION 02701

SIDEWALKS - BRICK

1.1 This work shall consist of the construction of sidewalks as shown on the
plans or ordered.

Materials

2.1 Bricks shall conform to AASHO M114, Grade SW

2.2 Portland Cement Concrete shall be Class A conforming to 911.

2.3 Steel Mesh shall conform to AASHO M 55.

2.5 Cement Mortar shall conform to BOCA Section 1114 1984 Edition.

Construction RequirementsI

3.1 Brick Sidewalk

3.1.1 Subgrade and base. The subgrade shall be carefully graded and
compacted. The base concrete shall be poured to the cross-section shown on
the plans. The surface shall be pitched at 1/16" per foot away from graniteI

3.1.2 Mortar. After concrete base has set spread 1/2 inch of mortar. The
mortar shall be proportioned in accordance with BOCA Table 1114.2.1 For Type SI

3.1.3 Setting the brick. The brick shall be set in the wet mortar in a
standard pattern. The bricks shall be wetted before use. Set the bricks
firmly in place, leaving a 1/2" joint between them and tamp into them mortar.
After the brick have been set for 24 hours, sweep fine sand into the joints.

3.2 Concrete Base

3.2.1 Excavation shall be made to the required depth and to a width that will
permit the installation and bracing of the forms. The foundation shall be
shaped and compacted to a firm, even surface conforming to the section shown
on the plans. All soft and yielding material shall be removed and replaced
with acceptable material.

3.2.2 Forms shall be of wood or metal and shall extend for the full depth of
the concrete. All forms shall be straight, free from warp, and of sufficientI
strength to resist the pressure of the-concrete without springing. Bracing
and staking of forms shall be such that the forms remain in both horizontal
and vertical alignment until their removal.

3.2.3 The foundation shall be thoroughly moistened immediately prior to the
placing of the concrete. The proportioning, mixing, and placing of the
concrete shall be in accordance with

3.2.4 Polypropylene fiber reinforcing shall be thoroughly mixed into the
concrete in accordance with the manufacturers recommendations.

3.2.5 The concrete base shall be placed in alternate slabs 30 feet in length
except as otherwise ordered.

3.2.6 Concrete shall be moisture :-ured for at least seven days. Curing shall
be by means of moist burlap or mats or by other approved methods. During the
curing period, all traffic, both pedestrian and vehicular, shall be excluded.
Vehicular traffic shall be excluded for such additional time as the Engineer
may direct.

END OF SECTION

SECTION 02901

GRANITE BLOCKS

PART I1-GENERAL

1.1 Description

Granite blocks are on site and are to be reset as shown and directed on theI
plans.

END OF SECTION

DIVISION 3

CONCRETE

Scope of Work

Furnish, install, and test all concrete work and appurtenant work in complete
I ~ ~accordance with the Drawings and Specifications.

3 ~~Contractor's Duties

Except as specifically noted, provide and pay of all labor, materials,
equipment, tools, machinery, water, heat, other facilities, and services
necessary for proper execution and completion of the work.

I ~~Contents of Division

Section No. Section Title Page No.

03000 Concrete - General 03001-1
03300 Cast-in-Place Concrete 03300-1

03380 Cement Mortar 03380-1

I ~~~~~~~~~~~SECTION 03000

CONCRETE - GENERAL

PART I - GENERAL

1 ~~1.1 Description

A. Work Included: Furnish and install all concrete work of the type(s)
and size(s) and in the locations shown on the Drawings and as
I ~ ~~~~specified herein.
B. Related Work Specified Elsewhere (When Applicable)
1. Cast-in-place concrete finishing and curing, construction and
expansion joints, concrete formwork, concrete reinforcement,
and concrete testing are specified in the appropriate Sections
of this Division.
2. Concrete accessories and grout are specified in the appropriate
I ~ ~~~~~sections of this Division.
C. Other Trades: Cooperate with all other trades whose work is to be
* ~~~~~coordinated with concrete work.

1.2 Quality Assurance

A. Testing
I. Have tests conducted as specified in the Concrete Testing
Section of this Division.
2. Perform all concrete work in accordance with the latest ACI
I ~ ~~~~~~Code and Manual.
1.3 Submittals to the Engineer

I ~~~~A. Shop Drawings
1. Submit shop drawings in accordance with the General Conditions
of the Construction Contract.
I ~ ~~~2. Submit schedules and detailed setting diagrams for all
reinforcing steel.
3. Submit copies of test results on all aggregates and on all mix
design proportions for concrete strengths specified in this
B. Informational Data
1. Have informational data available on the site at all times as a
standard of reference when applicable.
2. Informational data shall consist of:
a. ACI Field Reference Manual SP-15.
b. PCA Manual of Concrete Mix Design, latest edition.

03000-2I

1.4 Delivery, Storage, and HandlingI

A. Deliver, store and handle materials to prevent damage of any
nature.
B . Store cement in undamaged condition with seals and labels intact as
packaged by the manufacturer.
C. Store cement in weathertight bins or buildings and keep cement dry
at all times.
D. Store aggregate in separate piles or bins and handle in a mannerU
that will minimize segregation and prevent contamination.
E. Protect anchors, ties, reinforcement, and other hardware from the
elements.

1.5 Job Conditions

A. Wet Weather ProtectionI
1. Do not place concrete during rain, sleet, or snow unless
adequate protection is provided and/or approval is obtained
from the Engineer.U
2. Do not allow rain water or other weather conditions to damage
the surface finish.
B. Cold Weather Protection
1. Do not place concrete in an ambient air temperature belowI
400F., except by written permission from the Engineer.
2. When work is permitted by the Engineer in temperatures below
400F., make approved provisions for heating materials and theI
completed work in accordance with ACI 306 and the Concrete
Finishing and Curing Section of this Division.
3. The minimum temperature of concrete as placed shall be 500F.
C. Hot Weather ProtectionI
1. During hot weather conditions, place concrete in accordance
with ACI 305 and the Concrete Finishing and Curing Section of
this Division.I
2. Place concrete at a temperature which will not cause difficulty
from loss of slump, flash set, or cold joints, usually somewhat
less than 900F.
D. Metal Protection: Metal in contact with mortar, concrete or otherI
masonry materials shall be painted with alkali-resistant coatings
such as heavy bodied bituminous paint.

1.6 Acceptance of Structure

A. Work which meets all applicable requirements will be accepted
without qualification.
B. Work which fails to meet one or more requirements, but which has
been repaired to bring it into compliance, will be accepted without
qualification.I
C. Work which fails to meet one or more requirements and which cannot
be brought into compliance may be accepted or rejected as determined
by the Engineer.I

03000-3

D. Concrete failing to meet the strength requirements as specified in
the Concrete Testing Section of this Division, may require
additional curing as directed by the Engineer. Modifications may be
required in the concrete mix design for the remaining concrete work,
at the Contractor's expense.

I ~~1.6 Acceptance of Structure (Continued)

E. Formed surfaces larger or smaller than dimensional tolerances
specified in this Division may be rejected. If the Engineer permits
the Contractor to correct the error, such correction shall be as
directed and in such a manner as to maintain the strength, function,
and appearance of the structure.
I ~ ~~F. Concrete members cast in the wrong location may be rejected and
shall be removed at the Contractor's expense if the strength,
appearance or function of the structure is adversely affected.
G. The strength of the structure in place will be considered
potentially deficient if it fails to comply with any of the
following requirements:
1. Low concrete strength as evaluated by the requirements of this
I ~ ~~~~~~Divisiton.
2. Reinforcing steel size, quantity, strength, position, or
arrangement at variance with the Drawings.
I ~ ~~~3. Concrete which differs from the required dimensions or
locations in such a manner as to reduce the strength.

* ~~~PART 2 -PRODUCTS

2.1 Materials

A. Materials are specified in the following Sections in this Division.

END OF SECTION

SECTION 03300

CAST-IN-PLACE CONCRETE

PART - GENERAL

1.1 Description
A. Work Included - Furnish and install the following, as shown on the
Drawings and specified herein:

1. Cast-in-place concrete, including walls and slabs and other
concrete work shown on the DRAWINGS. Refer to the Site
Drawings for details of site improvement items fabricated from
concrete.
2. Formwork for cast-in-place concrete.
3. Reinforcing steel for cast-in-place concrete.
4. Waterstops and moisture barriers.
5. Do all cutting, patching and repairing of concrete which may be
required for proper completion of the work.
6. Control joints in slabs.
7. Expansion joint filler at perimeter and other locations of
slabs.
8. Install the following items furnished under the designated
SECTIONS:

a. Sleeves, inserts and other items required to be built into
the concrete: By trade requiring same.

1.2 Reference Specifications
A. "Specifications for Structural Concrete for Building" by the
American Concrete Institute (ACI-301 Specification for Structural
Concrete for buildings.
B. "Building Code Requirements for Reinforced Concrete" (ACI-318-83).

1.3 Shop Drawings
A. Submit complete shop drawings as required by the GENERAL CONDITIONS
and the SUPPLEMENTARY CONDITIONS.
B. Provide shop drawings for fabricating and placing reinforcing steel.
Show all required information for cutting, bending and placing
reinforcing bars and show all accessories and support bars on
placing drawings. Indicate suitable marks for placing bars.

C. Fabrication of any material or performing of any work pcior to the
final review of the shop drawings will be entirely at the risk of
the Contractor.

U ~~~~~~~~~~~~~~~~~03300-2

1.4 Testing And Control For Concrete
A. The Contractor shall furnish copies of test results from the
concrete supplier as listed below. Tests shall be at the expense of
the concrete supplier by an independent testing laboratory and shall
I ~ ~~~~have been made within the past six months.
1. Standard gradation analysis meeting these specifications.
2. Mix design proportions and additives used for concrete
specified herein and for concrete of similar proportions types
and strengths furnished Lo other projects.

* ~~~B. Tests occasioned by changes or materials of mix proportions shall be
at the expense of the Contractor.
C. Tests for slump shall he made at place of deposit and in accordance
with ASTM C143 by the General Contractor. Tests shall be made for
I ~ ~~~~each 5 cu. yds., more or less, as approved by and in the presence of
the Engineer or his representative.
D. The Contractor shall ma~ke, in accordance with ASTM C31, four test
I ~ ~~~cylinders for each 50 cu. yds., or one day's pour, whichever is
less. Tests shall be made in accordance with method of "Test for
Compressive Strength of Molded Concrete Cylinders -- ASTM C39".
Cylinders shall be delivered by the General Contractor to the test-=
I ~ ~~~~ing laboratory designated by the Engineer. The fourth cylinder
shall be used for additional tests as necessary, being retained at
laboratory for necessary period as approved by Engineer.
E. Tests for air content will be made in accordance with ASTM C94,
using ASTM C231 method of test. Intermediate Chase Meter tests will
be made on each load of concrete or as considered necessary by the
* ~~~~~Engineer's Office.

1. Results shall be sent to the Engineer's Office within three (3)
days after tests are made; notify at once when tests show low
test results.
F. Additional Tests: Tests necessary to resolve disputes will be made
by an Independent Testing Laboratory designated by the Engineer. if
work is found to be deficient, testing cost shall be paid by the
Contractor. If work is satisfactory, testing cost will 'De paid by
3 ~~~~~the Owner.

1.5 Notification Of Related Trades
A. Notify all other trades responsible for installing inserts, sleeves,
anchors, etc., when ready for such installation and for final
checking immediately before concrete is placed. Cooperate with such
trades to obtain proper installation.

03300-3

PART 2 - PRODUCTS

2.1 Materials For Concrete
A. Cement - Portland Cement - ASTM Specification C-150, Type II, or
Type II modified.
B. Aggregates

1. Coarse aggregate shall be hard, durable, uncoated crushed stone
or gravel conforming to ASTM Specification C-33. Coarse
aggregate shall pass through sieves 1-1/2 inch.
2. Fine aggregate shall be sand, clean, hard, durable, uncoated
grains free from silt, loam and clay, to meet ASTM
Specification C33.

C. Water - Water shall be from the local municipal supply.
D. Admixtures

1. Water reducing agent: "Sonotard WR" by Sonneborn Building
Products, "WRDA" by W. R. Grace & Company, "Pozzolith 100" by
Master Builders Co. or equal as approved by the Engineer and
conforming with ASTM 494 Type A. Water reducing agent must be
by same manufacturer as air-entraining agent.
2. Air-entraining agent: "Aerolith" by Sonneborn Building Prod-
ucts, "Darex" by W. R. Grace & Company, "MB-VR" by Master
Builders Company, or equal approved by the Engineer conforming
to ASTM C-260. To be used to obtain percent air-entrainment
specified unless obtained by cement used.
3. Noother admixtures may be used without Engineer approval.
Calcium chloride will not be permitted.

E. Concrete Reinforcement

l. Reinforcing steel shall conform to ASTM Specification A-615,
Grade 60.
2. Welded wire fabric shall conform to ASTM Specification A-185.
3. Fiber reinforcement shall conform to manufacturer's
recommendations.
4. Bar supports, metal accessories and other devices necessary for
proper assembly of concrete reinforcing shall be of standarized
factory made wire bar supports. Wire for tieing shall be 18
gauge black annealed wire conforming to ASTM Specification A-
82.

F. Formwork

1. Forms - Concrete surfaces without sjecial finish shall be
"plyform" Class 1, B-B. EXT-DFPA or as approved by the
Architect.

2. Form Oil - Oil shall be of a non-staining type, specifically
manufactured for concrete forms.

03300-4

3. Form Ties - Factory fabricated, removable or snap back of
approved design. Wire shall be at least back 1 1/2 inch from
the surface and leave a hole less than 1 inch in diameter after
snapped. Furnish with removable wooden or plastic cones of
approved sizes where called for on: the Drawings.

G. Joint filler at slap perimeters - 1/4 inch thick asphalt impregnated
board, of same depth as slab less 3/4 inch for sealer, by Burke, W.
R. Meadows, Johns Manville or Hlohmaii a*id Barnard.

2.2 Storage Of Materials
A. All materialsshall be stored to prevent damage from the elements
and other caused.
B. Cement and aggregates shall be stored in such a manner as to prevent
deterioration or instruction of foreign matter. Any 1nqter;als which
have deteriorated, or which have been damaged, shall not be used for
concrete.
C. Store reinforcement steel on wood skids to protect if from weather,
or, earth and damage from trucking or other construction operations.
Reinforcement shall be free from loose mill scale, rust, from oil,
concrete spatter and other extraneous coating at the time it is
embedded in the concrete.
D. All forms shall be stored in a neat manner and orderly fashion.
protected from the weather and abuse.
E. Materials which are judged not acceptable for this project shall not
be stored on the site, but shall be immediately removed from the
site.

2.3 Proportioning and Design of Mixes

A. Prepare design mixes for each type of concrete. Use an iadependent
testing facility acceptable to the Engineer for preparing and reporting
proposed mix designs.

B. Proportion mixes by either laboratory trial batch or field experience
methods, using materials to be employed on the project for each class of
concrete required, complying with AC1 211.1 for normal weight concrete,
and report to the Engineer the following data:

1. Complete identification of aggregate source of supply.
2. Tests of aggregates for compliance with specified requirements.
3. Scale weight of each aggregate.
4. Absorbed water in each aggregate.
5o Brand, type, and composition of cement.
6. Brand, type, and amount of each admixture.
7. Amounts of water used in trial mixes.
8. Proportions of each material per cu. yd.

03300-5

9. Gross weight and yield per cu. yd. of trial mixtures.
10. Measured slump.I
11. measured air content.
12. Compressive strength developed at 7 days and 28 days, from not less
than 3 test cylinders cast for each 7- and 28-day test, and for each
design mix.

C. Submit written reports to the Engineer of each proposed mix for each
class of concrete at least 15 days prior to start of work. Do not begin
concrete production until mixes have been reviewed by the Engineer.

D. Laboratory Trial Batches: When laboratory trial batches are used to3
select concrete proportions, prepare test specimens in accordance with
ASTM C 192 and conduct strength tests in accordance with ASTM C 39, as
specified in ACI 301.3

E. Field Experience Method: When field experience methods are used to
select concrete proportions, establish proportions specified in ACI 301.3

F. Water-Cement Ratio Methods: If suitable data from field experience or
laboratory trial batches cannot be obtained, concrete proportions may be
established by use of the water-cement ratio limits table, and the
limiting restrictions of ACI 301.

G. Adjustments of Concrete Mixes: Mix design adjustments may be requested
by the Contractor when characteristics of materials, job conditions,
weather, test results, or other circumstances warrant; at no additional
cost to the Owner and as accepted by the Architect. Laboratory test data
for revised mix design and strength results must be submitted to andI
accepted by the Architect before using in the work.

H. Admixtures:
1. Use air-entraining admixture in all concrete, unless otherwise shown
or specified. Add air-entraining admixture at the manufacturer's
prescribed rate to result in concrete at the point of placement having
air content within the following limits:

a. Concrete structures and slabs exposed to freezing and thawing or
subjected to hydraulic pressure:3

Nominal Max. Size of Coarse Aggregate Total Air Content

3/41" 4% to 8%3
1" ~~~~~~3.5% to 6.5%
1-1/2" ~~~~~3% to 6%

b. All other concrete: 2% to 4% air.I

2. Use water-reducing admixtures in strict compliance with the
manufacturer's directions. Admixtures to increase cement dispersion, or
to provide increased workability for low-slump concrete, may be used at
the Contractor's option subject to the Architect's acceptance.

03300-6

I. Classification of Concrete:

Ultimate Regular Aggregate
Strength Aggregate Size Slump

Wall 3000 psi Stone 3/4"-1-1/2" 1" to 3"
Gravel

Slab 3000 psi Stone 3/4"-1" 3" to 4"
Gravel

5. If a pumping process is utilized to convey concrete, established
concrete mixtures may require increased proportion of cement and
fine aggregate and a decreased proportion of coarse aggregate, but
these mixtures may not be altered more than:

Cement plus 20 lbs./cu. yd.
Fine Aggregate plus 50 lbs./cu. yd.
Coarse Aggregate minus 50 lbs./cu. yd

PART 3 - EXECUTION
3o1 Forming

A. Formwork shall conform to ACI 347.
B. Forms shall be constructed to conform to shapes, lines and dimen-
sions shown, plumb and straight and shall be maintained sufficiently
rigid to prevent deformation under load. Forms shall be sufficient-
ly tight to prevent the leakage of grout. Securely brace and shore
forms to prevent displacement and to safely support the construction
loads.
C. Treat forms and form linings with a form release agent applied
according to the manufacturer's instructions, by roller, brush or
sprayto produce a uniform thin film without bubbles or streaks.
Apply the release agent in two coats for the first use of the form
and in one for each additional use.
D. Removal:

1. Formwork for wall and slabs must remain a minimum of 3 days
after the placement of the concrete.

3.2 Mixing Process: Use ready-mix process, ACI 301-72 Par. 7.1.

03300-7

3.3 Fabrication And Placing Reinforcing
A. Fabricate rebars to the following requirements:

I. Stirrups and ties +1I inchI
2. All other bends +1 inch

B. Place bars to the following tolerances:

1. Concrete cover to formed surfaces + 1/4 inch
2. Minimum spacing between bars + 1/47inch
3. Top bars in slabs and beams
a. Members 8 in. deep or less + 1/4 inch
b. Crosswise of members - spac-ed evenly within 2 in overall.
C. Lengthwise of members + 2 inch

C. If the number of bars is shown on drawings the number given shall
govern over the spacing.I
D. Bars may be moved up to one bar diameter for conduits, pipes or
embedded items. If moved more, the arrangement must be approved by
the Architect/Engineer.I
E. Splicing of bars and details not covered herein shall be in
accordance with the recommendations of "Manual of Standard Practice
for Detailing Reinforced Concrete Structures" ACI 315.I
F. Supports on grade may be concrete brick or block. All other
supports shall be specified in 2.lE.3 of this SECTION.
G. Lap WWF mats not less than one full cross wire spacing. Use same
type supports as for re-bars.I
H. Obtain Engineer's approval of all splices not shown onthe project
drawings.
I. Do not bend reinforcement partially embedded in hardened concrete.
3.4 Embedded Items
A. Comply with ACE 318, Chapter 6, Pipes Embedded in Concrete.
B. Coordinate the installation of all inserts required by other trades.I
Such inserts normally are to be in place prior to the placing of
reinforcing steel.

3.5 Joints
A. Provide construction and control joints as shown on the Drawings,
but in any case limit the maximum dimensions for placement
of concrete in any one pour as follows:I
1. Wall: 40 feet. Stagger section pours of all walls within
minimum of 3-day delays.
2. Slabs-on-grade: 30 feet. Stagger section pours of all slabsI
with minimum of 3 day delays between pours.
3. Tooled controlled joints in slabs: 15'.

03300-8
B. Constructionjoint shall be formed with keyed bulkheads.
I ~ ~~~Reinforcement shall continue through the joint and additional
reinforcement shall be place if indicated on the Drawings.

I ~~3.6 Placing
A. Notify Engineer at least 24 hours prior to each placement.
B. Do not place concrete until soil bottoms, reinforcing steel and
inserts, sleeves and other work to be built into the concrete have
been inspected and approved by the Engineer and by all trades
concerned.
C. Conveying - Concrete shall be handled from the mixer to the place of
I ~ ~~~final deposit as rapidly as practicable by methods which will
prevent separation or loss of ingredients and in a manner which will
assure that the required quality of the concrete is retained.
D. Depositing - Delivery and placement of concrete shall be programmed
so that the time lapse between batching and placement shall not
exceed 1-1/2 hours. Concrete shall not be allowed a free fall of
over 4 feet. Concrete shall be deposited as nearly as practicable
I ~ ~~~in its final position to avoid segregation due to rehandling or
flowing.
T.". Concrete shall be deposited continuously, in horizontal layers of
such thickness (not deeper than 18 inches) that no concrete will be
deposited on concrete which has hardened sufficiently to cause the
formation of seams or planes of weakness within the section. Placing
shall be carried out at such a rate that the concrete which is being
I ~ ~~~integrated with fresh concrete is still plastic. Concrete which has
partially hardened or has been contaminated for foreign materials
shall not be deposited. No horizontal construction joints will be
I ~ ~~~~allowed in foundation walls.
P. Concrete shall be compacted thoroughly by vibrating to producea
dense, homogeneous mass without voids or pockets. Vibrators should
be placed in concrete rapidly so as to penetrate approximately 3
inches to 4 inches into the preceding lift so as to blend the two
layers. Vibrating techniques must assure that when the coarse
aggregate reaches the form it stops and the matrix fills the voids.
G. Place concrete as nearly as practicable to its final position to
avoid segragation due to rehandling or flowing. Concrete should
flow over no more than 10 feet in either direction from point of
* ~~~~~discharge.

3.7 Floor And Other Flatwork Finishes
A. Use a " t oed finish" * ACI 302, Sections 7.2.1 - 7.2.1-,except
I ~ ~~~where notes otherwise, including tops of exposed walls.

03300-9
B. All floors shallI be screeded to the established elevations, then
steel troweled level, with allowable tolerance not exceeding 1/8
inchin any direction when tested with a 10-foot long straightedge,
where floors contain drains, in which case the floors shall beI
pitched to drains as indicated. if either or both of the above
requirements are not met, the Contractor shall, at his own expense,
correct the conditions by grinding and filling, as direct by the
Engineer, using materials and methods which will be compatible withI
all finish and surfacing materials to be installed on floors.

*Recommended Practice for Concrete Floor and Slab Construction ACI 302-69

3.8 Curing And Protection
A. Protect newly placed concrete against low and high temperature
effects and against rapid loss of moisture. Moist cure all concreteI
for at least seven days at a temperature of at least 50 degrees F by
curing methods approved by the Engineer.
B. For vertical or near vertical surfaces, moist cure by keeping theI
form in contact with the concrete, or by other effective means
approved by the Architect/Engineer. Intermittent wetting and drying
does not provide acceptable curing. Liquid curing compound as
approved may be used.I
C. Cure floor slabs if exposed to sun and warm weather by covering with
sisal or other waterproof curing paper conforming to ASTM
Specifications C 171, lapped 4 inches at edges and sealed with tapeI
at least 3 inches wide.
D. In hot weather, be adequately prepared to protect the concrete from
the adverse influence of heat before the placement of anyconcrete.
Take special precautions to avoid cracking of the concrete due to
rapid drying during placement of concrete when the air temperature
exceeds 70 degrees F, particularly when the work is exposed to
direct sunlight. Follow "Recommended Practice for Hot WeatherI
Concreting" (ACI 305-72)

1. Cool forms by fog spraying with water or by protecting them
from the direct rays of the sun.I
2. If requested by the Contractor, deemed advisable by the Testing
Engineer and approved by the Engineer, a retardant may be used
to delay the initial set of the concrete.
E. In cold weather, be adequately prepared to protect the concrete from
the adverse influence of cold before placement of any concrete andI
flow the "Recommended Practice for Cold Weather Concreting" (ACT-
306 latest edition)>

1. After placement, maintain all concrete at a temperature of atI
least 50 degrees F for seven days.

03300-10

2. Where concrete it to be placed on hardened concrete, all
laitance and foreign matter shall be removed and the surface
saturated with water. A mortar cushion shall be provided
against which the new concrete is to be placed. This mortar
cushion shall be made with the same water content as the
concrete with a slump of 6". Mortar shall be placed to a
thickness of 1/2 to 1 inch and well worked into irregularities
of the hard surface.

3.9 Surface Repairs
A. Remove all honeycombed and other defective concrete down to sound
concrete. Dampen area to be patched and area around it to prevent
absorption of water from patching mortar. Areas concealed in the
finished work may be filled with trowel.
B. Make patching mixture of same sand and cement used in concrete. Mix
not more than 1/2 to 1. Use white cement as necessary to match
color of existing concrete as determined by trail patches in exposed
areas.
C. Limit amount of mixing water to that necessary for handling and
placing. Mix mortar in advance, allow to stand with frequent
manipulation with a trowel,without addition of water, until it has
reached the stiffest consistency that will permit placing.
D. After surface water has evaporated from the area to be patched,
brush area with neat cement grout, let set until grout loses its
sheen and apply the patching mortar. Pack mortar thoroughly into
place, strike off to leave the patch slightly higher than
surrounding surfaces to permit initial shrinkage. Leave undisturbed
for at least 1 hour before finally finished. Keep patched area
damp for 7 days. Finish exposed surfaces of patch to match adjacent
surfaces.
E. After cleaning and thoroughly dalnpening, fill tie holes with patch
mortar. Finish off as above specified for all exposed areas. Tie
holes not exposed in the finish work may be filled with asphalt
roofing cement troweled into holes.

3.10 Cutting Of Holes
A. Cut holes required by other trades in any cast-in-place concrete
which did not receive sleeves. Use a core drilling process or
sawing process which produces clean sharp edges and the minimum hole
size which accommodates the piping,conduit, or equipment requiring
the opening.

B. Obtain approval of Architect/Engineer before cutting any holes for
any trades.

3.11 Evaluation
A. Strength: Strength of concrete shall be considered satisfactory if
the average of any five consecutive strength tests of the laboratory
cured specimens representing each strength of concrete is equal to
or greater than the specified strength and if not more than 20
percent of the strength tests have values less than specified.

03300-11

B. Additional Tests

1. If concrete shown by laboratory strength tests is defective,
the Contractor may, at his own expense, conduct such testing as
he may deem uecessary. Test results so obtained, unless
properly calibrated and correlated with other test data, shall
not be used as a basis for acceptance or rejection.
2. If cores are taken for such determination they shall be in
accordance with ASTM C42. Testing shall he by an independent
laboratory approved by the Engineer.
3. At least three cores shall be taken from each potentially
deficient area. Locations will be determined by the Engineer.
Damaged cores may be replaced.
4. Strength of cores from each member or area shall he considered
satisfactory if their average is equal to or greater than 90%
of the specified strength.
5. Core holes shall be plugged solid with grout specified in this
Specification.

3.12 Acceptance
A. Work which meets all applicable requirements of 3.17 following will
be accepted without qualification.
B. Work which fails to meet one or more requirements of 3.17 following
but which has been repaired to bring it into compliance will be
accepted without qualification.
C. Work which fails to meet one or more requirements and which cannot
be brought into compliance may be accepted or rejected as determined
by the Architect/Engineer.
D. Concrete failing to meet the strength requirements of this Section
may berequired to undergo additional curing as specified by.the
Engineer. Modifications may be required to the concrete mix design
for the remaining concrete work, at the expense of the Contractor.
E. Formed surfaces that ave not within the tolerances specified may be
rejected. If permission is granted to correct the error, such
correction shall be directed and in such a manner as to maintain the
strength, function and appearance of the structure.
F. Concrete members cast in the wrong location may be rejected if the
strength appearance or function of the structure is adversely
affected.
C. Inaccurately formed surfaces exposed to view may be rejected and
shall be repaired or removed and replaced if required by the
Engineer.
H. Finished flatwork exceeding specified tolerances may be repaired by
grinding high spots or by patching low spots with an approvedepoxy
grout.
I. Concrete exposed to view with defects which adversely affect the
appearance of the structure may be repaired if possible. If, in the
opinion of the Engineer, the defects cannot be repaired, the
concrete may be accepted or rejected in accordance with the decision
of the Engineer.

03300-12

3.13 Strength Of Structure
A. The strengi:l of the structure in place will be considered
potentially deficient if it fails to comply with any requirements
which control the strength of the structure, as outlined below:

1. Low concrete strength as evaluated by the requirements of this
Section.
2. Reinforcing steel size, quantity, strength, position or
arrangement at variance with the project drawings.
3. Concrete which differed from the required dimension or
locations in such a manner as to reduce the strength.

B. The work will be accepted or rejected as the work is produced by the
Engineer or his authorized representative.

END OF SECTION

SECTION 03380

CEMENT MORTAR

PART 1 - DESCRIPTION

1.1 Cement mortar shall consist of either portland cement or masonry cement,
mortar sand, and water.

PART 2 - MATERIALS

2.1 PORTLAND CEMENT shall conform to 03300, 2.1A of these specifications.

2.2 MASONRY CEMENT shall be as portland-cement base cement meeting all the
requirements of the AASHO M 150, Type II; with the additional requirement that
final set shall be attained within 12 hours.

2.3 MORTAR SAND. Sand for mortar shall consist of hard, strong, durable
uncoated mineral or rock particles, free firm injurious amounts of organic or
other deleterious substances, and shall be uniformly graded from fine to
coarse within the following limits:

Sieve Size Percentage by Weight
Passing

No. 8 100
No. 16 60 - 100
No. 50 15 - 35
No. 100 2 - 15
No. 200 0 - 5

2.3.1 TEST FOR IMPURITIES. Mortar sand subjected to the test for organic
impurities described in the AASHO T 21, and producing a color darker than the
standard shall be rejected, except as provided below.

2.3.1.1 Sand for mortar failing in this test may be used, provided that, when
tested for mortar making properties in the manner described in the AASHO T 71,
the mortar develops a compressive strength at 7 and 28 days of not less than
95 percent of that developed by a similar mortar made from another portion of
the same sample which has been washed in a 3 percent solution of sodium
hydroxide followed by a thorough rinsing in water. The treatment shall be
sufficient so that the washed material produces a color lighter than standard.

2.3.2 TEST FOR STRENGTH. Sand for mortar shall be of such quality that a
mortar made up in a manner as described in AASHO, T 71 shall develop a
compressive mortar specified in that method as the basis of comprison.

2.4 WATER shall meet the requirements of 03300, 2.1C of these specifications.

03380-2

PART 3 - PROPORTIONS AND PROCEDURES

3.1 Cement mortar shall be composed of I part, by volume, of either portland
cement or masonry cement, (except as specified under 3.4) combined with not
more than 2 parts, by volume, of damp loose mortar sand with water as
* ~~~necessary to obtain the required consistency.

3.2 Within these above limits, the exact proportion may be determined by the
mason for best workability.

3.3 Mixing shall be as follows:

(a) To prepare a hand mixed mortar, the dry sand and cement shall be
thoroughly mixed in a clean tight mortar box until the mixture is of
uniform color. Water shall be added in such quantity as to form a
* ~~~~~mortar of the consistency of stiff paste.

(b) Machine mixed mortar shall be mixed in an approved mixer for not
less than 3 minutes. The consistency shall be the same as (a).

3.4 The cement in cement mortar for ashlar or for mortar squared stone
masonry shall consist of portland cement only. In mortar for brick or block
masonry, hydrated lime may be substituted for 10 percent, by weight, of
portland cement to obtain better workability, or masonry cement may be used
instead of the portland cement-lime mixture.

3.5 Mortar shall be used within 2-1/2 hours after original mixing when the
air temperature is 80OF or higher and within 3-1/2 hours when the air
temperature is below 800F. Mortar not used within these time limits shall be
* ~~~discarded.

END OF SECTION

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Page #: me, K amjo-a

NORMANDEAU ASSOCIATES, INC.

ENVIRONMENTAL SCIENTISTS,
ENGINEERS & PLANNERS
25 NASHUA ROAD, BEDFORD, N.H. 03102
(603) 472-5191
May 15, 1986

Mr. Robert Snover
Kimball Chase Company, Inc.
40 Bridge Street
Portsmouth, NH 03801

Dear Mr. Snover:

The enclosed represents our assessment of potential impacts related
to rehabilitation of the granite seawall in Prescott Park for the City
of Portsmouth. The assessment describes the action to be taken, the
existing environment, the potential impacts, and mitigation suggested to
lessen impacts related to this program.

Sincerely,

NORMANDEAU ASSOCIATES, INC.

Peter C. Kinner
Assistant Vice President
Piscataqua Marine Laboratory
7 Pickering Avenue
Portsmouth, NH 03801
603/431-5270

PCK:ksp

1.0 PROJECT PURPOSE AND NEED

Prescott Park is an urban waterfront park located on the
Piscataqua River in the City of Portsmouth, NH. This park is heavily
utilized by city residents and tourists as a recreational area. In the
summer, the Prescott Park Arts Festival brings thousands of people to
the park for nightly performances. The park has various types of
retaining walls along its river side (see attached location plans). The
material behind these walls is fill material that is capped by grass and
walkways.

A 120-linear foot section (approximately) of seawall has
exhibited excessive rotations and translations over the past ten years.
This section is in the vicinity of the wooden fishing pier in the middle
of the park. The movement of this section of wall has caused concern
for its structural stability in addition to the aesthetic quality of
this area of the park. The consulting firm of Kimball Chase Company,
Inc. has performed an engineering assessment of the section of seawall
and drawn up plans and specifications for the rehabilitation of the
seawall.

The construction, in summary, will require the first three

courses of granite block to be removed and reset, the drainage system be
rehabilitated, and a concrete diaphragm wall be installed. All work can
be performed from land and with little disturbance to the marine or
landside environment, if standard construction practices are followed.

2.0 PROJECT ALTERNATIVES

The alternatives for this project are: 1) no action
alternative; and 2) rehabilitate the section of granite seawall as
proposed by Kimball Chase Company, Inc. The design shown under the
preferred alternative represents the best solution that addresses the
requirements of the City of Portsmouth.

2.1 NO ACTION ALTERNATIVE

This action would leave the damaged seawall in place.
Progressive rotations and translations are expected if no action is
taken. At some point, the wall will become unstable and become a safety
hazard. In addition, if no action is taken, local subsidence of
abutting sidewalks is expected to continue causing unacceptable public
walkways, and these walks will become a safety hazard. Under the no
action alternative, there will be a greater chance for fill material
behind the wall being released to the marine environment as the
structure becomes less stable.

2.2 PREFERRED ALTERNATIVE

Under the preferred alternative, the City of Portsmouth
proposes to rehabilitate the section of seawall and the abutting
walkways. Design plans and specifications have been developed by
Kimball Chase Company, Inc. for the City (see attached drawings). These
plans indicate that resetting the granite blocks in grout, constructing
a concrete diaphragm wall, and rehabilitating the drainage system will
restore the wall to its correct location and impede any future
tendencies for the seawall to translate and rotate out of place.

3.0 EXISTING ENVIRONMENT

Prescott Park is in the City of Portsmouth and is bordered to
the north by the Piscataqua River. The Piscataqua River is 13 miles
long and drains approximately 1,000 square miles. The river is tidal
with a mean tidal range in the harbor of 8.4 feet (ACOE, 1984). The
lower Piscataqua River and Portsmouth Harbor display one of the fastest
tidal flows in the northeastern United States. The average velocity
ranges from 2.6 to 4.0 knots.

Water quality in the Piscataqua River meets New Hampshire
Class B standards, suitable for bathing, recreation, and fish habitat.
The Piscataqua River biotic communities are similar to other northeast
estuaries (NAI, 1979). The system supports both a healthy benthic and
plankton community. A number of fish species, such as winter flounder,
Atlantic silversides. Atlantic tomcod, mummichog and killifish are
nearshore resident species. Other anadromous species such as smelt,
blueback herring, alewife and stocked coho salmon pass up the river to
spawning areas in fresh water.

Lobsters and Cancer crabs inhabit the river including areas
off Prescott Park. Both lobsters and Cancer crabs are taken
commercially throughout the river including areas near the project site
(ACOE, 1984).

The terrestrial habitat is consistent with other such
recreational parks. Grass, flower beds and walkways are maintained for
the enjoyment of visitors. Terrestrial animals consist of squirrels,
small rodents, such as deer mice, meadow voles and Norway rats, along
the shoreline. Songbirds utilize the areas and are generally acclimated
to people and activity.

4.0 ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE PROPOSED PROJECT

4.1 MARINE IMPACTS

The impacts on the marine environment will be limited to
turbidity caused by sediment being washed out while the granite wall is
removed for repair. The potential for the impact will be limited to
high tides exceeding +4.4' MHW. The increased turbidity will be of
short duration. It is anticipated that the high flushing rate and
current velocity will cause rapid dispersion of suspended and dissolved
solids. Increased turbidity would be expected to impact zooplankton and
fish'larvae most, by clogging feeding apparatus or gill structures.

However, the local nature of this action and the dispersion capabilities
of the river will make these effects negligible.

Operational considerations will also further mitigate any
effects of the construction. Filter fabric will be utilized to cover
exposed sediments during operations. This will substantially reduce any
loss of sediment to the water column. Proper engineering supervision
and use of best engineering practices will eliminate any other disposal
of material overboard.

4.2 TERRESTRIAL IM4PACTS

The terrestrial environment will be impacted by the movement
of machinery (cranes and trucks) to the project site as well as the
placement and stockpiling of materials. The grass, flower beds and
walkways will be replaced according to the engineering specifications in
the rehabilitation plan (Kimball Chase Company, Inc. 1986). The
construction activity will result in additional noise in the park as
well as reduce the area for recreation. Both the noise and the reduced
recreation area will be of short (1-2 mouth) duration and should not be
a major problem. These impacts could be further mitigated if the
construction activity is undertaken in the early spring or late fall;
these are periods of much reduced activity in the park. The period of
June-August would cause the greatest impact as this is the greatest
period of utilization by tourists, fishermen and the Prescott Park Arts
Festival.

The disposal of any unacceptable fill material removed from
behind the wall (see Kimball Chase Company, Inc., 1986) will be the
responsibility of the contractor. This material should be removed from
the site and disposed of in a proper manner in accordance with the type
of material encountered.

5.0 REFERENCES CITED

Kimball Chase Company, Inc. 1986. Project Manual for Rehabilitation of
the Prescott Park Seawall. Prepared for the City of Portsmouth,
New Hampshire.

Normandeau Associates, Inc. 1979. Newington Generating Station 316
demonstration. Vol. I. 316(a) demonstration. Prepared for Public
Service Co. of New Hampshire. 398 p.

U.S. Army Corps of Engineers. 1984. Feasibility report for
improvements to the existing federal deep-draft navigation project.
April, 1983 (revised March, 1984).

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