Omaha Metro - Creighton University Multi-Modal Facility

Omaha Metro - Creighton University

Multi-Modal Facility – Pedestrian Mall

Project Manual

2222 Cuming Street Omaha Nebraska 68102-4392 Prepared by:

Subconsultants: Landscape Architecture: StudioInsite Civil Engineering: Lamp Rynearson & Associates Electrical Engieneering : Alvine Engineering

Bid Issuance: 18 May 2018 SRF Project Number: 10490.03 Authority Project Number: NE-04-0044 Spec. No. 43-17

May 2018

PROJECT: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

GRANT #: NE-04-0044, Spec. 34-17

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Transit Authority of the City of Omaha, d/b/a/ Metro 2222 Cuming Street Omaha, NE 68102

TABLE OF CONTENTS

SECTION 1 – BID SOLICITATION

a. Notice to bidders b. Instructions to bidders

SECTION 2 – REQUIRED SUBMISSION DOCUMENTS

a. Bid Submittal Checklist b. Proposal Form c. Exhibit “A” to the General Conditions, Federal Clauses for Procurement of Construction d. Exhibit “B” to the General Conditions, Debarment/Suspension - Prime e. Exhibit “C” to the General Conditions, Debarment/Suspension - Sub f. Exhibit “D” to the General Conditions, Affidavit of Non-Collusion – Prime g. Exhibit “E” to the General Conditions, Lobbying Certification h. Exhibit “F” Request for Substitutions/Approved Equals i. Exhibit “G” Acknowledgement of Addendum j. Exhibit “H” Conflict of Interest Disclosure k. Exhibit “I” Buy America Acknowledgement l. Exhibit “J” Davis Bacon Wage Acknowledgement m. Exhibit “K” Required DBE Participation Form

n. Exhibit “L” Required DBE Confirmation Form

o. Exhibit “M” Documentation of Good Faith Effort

p. Exhibit “N” Bidders List Data Form

SECTION 3 – SUPPLEMENTAL CONDITIONS

SECTION 4 – WAGE RATES (Davis-Bacon)

SECTION 5 – SAMPLE FORMS

a. Request for Clarification Form b. Performance Bond Form c. Labor and Material Payment Bond Form

PROJECT: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

GRANT #: NE-04-0044, Spec. 34-17

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d. Certificate as to Corporate Contractor e. Supplement to Certificate of Insurance Form

SECTION 6 – GENERAL CONDITIONS

SECTION 7 – TECHNICAL SPECIFICATIONS

SECTION 8 – SCHEDULE OF DRAWINGS

SECTION 1- BID SOLICITATION

PROJECT: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall PROJECT #: NE-04-0044, Spec. 34-17

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NOTICE TO BIDDERS

Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall Creighton University, Omaha, Nebraska

PROJECT #: NE-04-0044, Spec. 34-17 Separate sealed bid proposals will be received at the Offices of the Transit Authority of the City of Omaha, d/b/a Metro (Metro), Omaha, Nebraska, until 2:00 PM local time, on the Monday, June 18, 2018 for the furnishing of all labor, materials, use of Contractor's equipment and plant, and all else necessary to properly construct the pedestrian mall component of the Omaha Metro – Creighton University Multi-modal Facility – Pedestrian Mall as more clearly specified in the construction documents.

At which hour, Metro will proceed to publicly open in the presence of bidders and consider the bid proposals received for the furnishing of said labor, materials, and equipment necessary for the proper construction of the improvements. Proposals submitted after this date and time will be deemed non-compliant and will not be considered.

The project has a base bid that includes the complete construction of a pedestrian mall at California Street extended from 24th Street to 21st Street on the Creighton University campus. The project will include the construction of a concrete and paver walkway, retaining walls, site amenities, lighting and irrigation. Plans, Specifications, Davis-Bacon Wage Rates, and Contract Documents may be examined and downloaded for free at www.standardshare.com and may be procured from: Dodge Data/ Bee Line & Blue, 2507 Ingersoll Avenue, Des Moines, IA 50312, (515-981-5654) Omaha Builders Exchange, 4159 South 94th Street, Omaha, NE, 68127 (402-991-6906) Contract Documents will also be available online at www.ometro.com. General Contract Work Items: The complete project includes the construction of the pedestrian mall component of the Omaha Metro – Creighton University Multi-modal Facility – Pedestrian Mall. Prospective bidders are hereby advised that the work includes the following major items and approximate quantities.

• 5600 CY of earthwork • 20,000 SF of irrigation • 4500 SF of 8” concrete pavement • 6700 SF of 5” concrete walk • 15,600 SF of brick pavers with 4” concrete base • 13 light fixtures • Misc. site furnishings • Misc. utility work

Contract Time: Metro has established a completion date of June 30, 2019 for the project. All project work shall be substantially completed within the stated timeframe. Bid Security: Each bid proposal must be accompanied by a bid guaranty in the amount of 5% of the total amount of the bid. The bid guaranty must be a bid bond made payable to the Transit Authority of the City of Omaha, d/b/a Metro. Bonding Requirements: The successful bidder will be required to furnish separate performance and payment bonds each in the amount equal to 100% of the contract price at the time of contract execution.

http://www.standardshare.com/

http://www.ometro.com/


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Award of Contract: Award of the contract will be based on the lowest base bid submitted from those bidders that are confirmed as being responsive and responsible. The right is reserved, as Metro may require, to reject any and all bids and to waive any informality in the bids received. Funds for project are being provided through a Federal Transportation Administration grant. Federal Provisions applicable to this project include; Equal Employment Opportunity – Executive Order 11246 and 41 CFR Part 60, Disadvantage Business Enterprise – 49 CFR Part 26, Davis-Bacon Act, as amended – 29 CFR Part 5, Debarment, Suspension, Ineligibility and Voluntary Exclusion – 49 CFR Part 29, Foreign Trade Restriction – 49 CFR Part 30, Buy American Certification, Lobbying Restrictions – 49 CFR part 20.

Additional Provisions: Modification to the project documents may only be made by written addendum by Metro or Metro’s authorized Representative.

The bid proposal must be made on the forms provided by Metro. Bidders must supply all required information prior to the time of bid opening.

Submittal of Bids: Additional information and instruction for submittal of the bid proposal are provided within the Instruction-to-bidders. A Pre-Bid Conference will be held at Harper Center, Room 3048, 602 North 20th Street, Omaha, NE 68178 on Tuesday, June 5 at 2:00 PM. The conference will include the review of the scope of work and bidders will have the opportunity to ask questions. All bidders are strongly encouraged to attend the Pre-Bid Conference, but it is not mandatory. Envelopes containing bids must be sealed and addressed to: the Transit Authority of the City of Omaha, d/b/a Metro, attn.: Jeff Rumery, Grant Administrator, 2222 Cuming Street, Omaha, Nebraska 68102. The upper left-hand corner of the sealed envelope must identify the following information: CONTRACT BID Bid of (Name of Contractor)

For construction improvements at: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

Grant No.: NE-04-0044, Spec. 34-17 To be opened at: Metro Administration Office 2222 Cuming Street Omaha, NE 68102 Monday June 18, 2018 at 2:00 PM Dated this date May 18, 2018. BY The Transit Authority of the City of Omaha, d/b/a Metro By: Mr. Jeff Rumery, Grant Administrator Dates of Publication: May 18 and May 22, 2018


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INSTRUCTIONS TO BIDDERS

1. METRO AND METRO’S REPRESENTATIVE A. Metro as stated herein refers to the following agency: The Transit Authority of the City of Omaha d/b/a Metro 2222 Cuming Street Omaha, Nebraska 68102 B. Metro’s authorized representative as stated herein refers to Metro’s Consultant, herein referred to as

Engineer: SRF CONSULTING GROUP, INC 11422 Miracle Hills Drive, Suite 315 Omaha, NE 68154 Phone: 402-513-2158

2. BIDDER REPRESENTATIONS

By submittal of a bid proposal, the BIDDER represents the following: • The Bidder has read and thoroughly examined the project documents. • The Bidder has a complete understanding of the terms and conditions required for the satisfactory

performance of project work. • The Bidder has fully informed themselves of the project site, the project site conditions and the

surrounding area. • The Bidder has correlated their observations with that of the project documents. • The Bidder has found no errors, conflicts, ambiguities or omissions in the project documents, except as

previously submitted in writing to Metro that would affect cost, progress or performance of the work. • The Bidder is familiar with all applicable Federal, State and local laws, rules and regulations pertaining to

execution of the contract and the project work. • The Bidder has complied with all requirements of these instructions and the associated bid documents.

3. BID DOCUMENTS/CONTRACT DOCUMENTS

A. The bid documents are comprised of the following; Section 1 - Notice-to-Bidders, Instructions to Bidders, Federal clauses for procurement of construction, Section 2 –Required Submission Documents including Proposal Form with attachments.

Proposal Form Exhibit “A” to the General Conditions, Federal Clauses for Procurement of Construction Exhibit “B” to the General Conditions, Debarment/Suspension - Prime Exhibit “C” to the General Conditions, Debarment/Suspension - Sub Exhibit “D” to the General Conditions, Affidavit of Non-Collusion – Prime Exhibit “E” to the General Conditions, Lobbying Certification Exhibit “F” Request for Substitutions/Approved Equals Exhibit “G” Acknowledgement of Addendum Exhibit “H” Conflict of Interrest Disclosure Exhibit “I” Buy America Acknowledgement Exhibit “J” Davis Bacon Wage Acknowledgement Exhibit “K” DBE Participation Form Exhibit “L” DBE Confirmation Form Exhibit “M” DBE Good Faith Effort Exhibit “N” Bidders List Data Form

Section 3 – Supplemental Conditions Section 4- Wage Rates Section 5 – Sample Forms


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Request for Clarification Performance Bond

Labor and Material Payment Bond Certificate as to Corporate Contractor Supplement to Certificate of Insurance Section 6 – General Conditions Section 7 – Technical Specifications Section 8 – Schedule of Drawings

Project Drawings and any authorized addenda issued by Metro and any document incorporated in whole or in part by reference therein.

B. All documents comprising the Bid Documents are complementary to one another and together establish the complete terms, conditions and obligations of the successful bidder.

C. Those individual elements of the Contract Documents that are bound together. may not be removed or detached.

D. Prospective bidders may obtain a copy of the Contract Documents and project drawings from the as noted in the Notice to Bidders.

4. MODIFICATIONS TO CONTRACT DOCUMENTS Modifications to the contract documents may only be made by written addendum issued by Metro or Metro’s Representative. Verbal explanations, interpretations or comments made by Metro or Metro’s Representative shall not be binding. Addenda will be transmitted to all known official plan holders. Each bidder shall certify at the time of bid submittal that they acknowledge receipt of all issued addenda.

5. ERRORS AND DISCREPANCIES IN CONTRACT DOCUMENTS Should Bidder find an error, discrepancy, ambiguity or omission in the project documents prior to submittal of a proposal, the Bidder is obligated to contact Metro’s Representative with written notice of the error, discrepancy, ambiguity or omission. The written notice shall identify the nature and location of the error, discrepancy, ambiguity or omission. Corrections or modifications to the project documents will only be made by written addendum as prescribed herein. By submittal of a Bid Proposal Form, the Bidder represents that they have thoroughly reviewed the project documents and that they have not identified any error, discrepancy, ambiguity or omission that would affect cost, progress or performance of the project work.

6. REQUEST FOR CLARIFICATIONS

A. If any bidder is in need of clarification of any part of the Contract Documents, they may make the request of Metro’s Representative by using the “Request for Clarification” form (Sample Form included in this Project Manual in Section 5).

B. Metro’s Representative will promptly review the request and respond by Addendum to all bidders. Verbal instructions or interpretations will have no validity regardless of source.

C. Requests for clarifications shall be to Metro’s Representatives office by 4:00 PM on June 7, 2018. A subsequent addendum will be issued to address the requests and will be the final opportunity for bidders to obtain clarifications.

7. PRODUCT OPTIONS AND SUBSTITUTIONS A. If any bidder desires to request a product substitution to be considered for the Work, they shall make

application to Metro’s Representative by using the “Request for Substitutions / Approved Equals” form (Sample Form included in this project manual).

B. Metro’s Representative will promptly review the request and respond by Addendum to all bidders. Verbal instructions or interpretations will have no validity regardless of source.

C. Requests for substitutions shall be to Metro’s Representative’s office by 4:00 PM on June 7, 2018. A subsequent addendum will be issued to address the requests and will be the final opportunity for bidders to obtain approvals for substitutions.


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D. Metro may reject any request for a substitute or qualified equal made by any Bidder following the award of the Contract, in its absolute discretion.

8. INTERPRETATIONS OF ESTIMATED PROPOSAL QUANTITIES

A. An estimate of quantities of work to be done and materials to be furnished under these contract documents is stated within the construction documents. This estimate is a result of careful calculations and is believed to be correct. The estimated quantities are given only as a basis for comparison of proposals and the award of contract. Metro does not expressly or impliedly agree that the actual quantities involved will correspond exactly with the estimated quantities.

B. The Bidder shall not plead misunderstandings or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled “Alteration of Work and Quantities” of the general provisions without in any way invalidating the unit bid prices.

9. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE CONDITIONS

A. As stated within the “Bidder Representations” and reaffirmed herein, the Bidder is expected to carefully examine the site of the proposed work, the proposed bid, drawings, specifications, terms and conditions of the proposed agreement and the form of agreement. The Bidder shall satisfy themselves as to the character, quality, and quantities of work to be performed, materials to be furnished and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans and specifications.

10. ISSUANCE OF PROPOSAL FORMS

Metro reserves the right to refuse to issue a bid proposal form to a prospective bidder should the bidder be in default for any of the following reasons:

(1) Failure to comply with any pre-qualification regulations of Metro, if such regulations are cited or otherwise included, in the proposal as a requirement for bidding.

(2) Failure to pay, or satisfactory settle, all bills due for labor and materials on former contracts in force (with Metro) at the time Metro issues the bid proposal to a prospective bidder.

(3) Contractor default under previous contracts with Metro (4) Unsatisfactory work on previous contracts with Metro

11. FORM OF PROPOSAL

A. All bid proposals shall be made on the forms provided by Metro’s Representative. No bidder may submit more than one bid proposal. All proposals are to be written in ink and shall be clearly legible. All blank spaces in the bid proposal forms shall be legibly completed for each and every bid item. The Bidder shall not qualify any bid item. The Bidder shall initial any erasures and alterations made on the bid proposal form by the bidder.

B. The Bidder shall state the price of their bid in U.S. dollars and cents in both written and numeral format. In the event of a discrepancy, the unit prices will take precedence.

C. The Bidder shall confirm that all material provisions of the Proposal, including prices, shall remain firm through the Project Completion Date, unless otherwise expressly permitted by the Specifications.

D. Metro is exempt from payment of federal excise and transportation tax, and Nebraska Sales Tax. These taxes shall not be included in the price for any Proposal.

12. SIGNATURE OF PROPOSAL

The proposal shall be signed and dated by an authorized representative of the Bidder. All signatures shall be made with an ink pen. The Bidder’s representative shall have the legal authority to obligate and bind the Bidder to the terms and conditions of the contract. The Bidder shall legibly state the name of the Bidder’s


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representative, the legal name of the Bidder, the address of the Bidder including City, State and Zip Code, and the telephone number of the Bidder.

(1) For bids by corporations, an officer of the corporation shall sign the bid, the State of incorporation shall be identified and the corporate seal affixed.

(2) For bids submitted by an agent, evidence of the power of attorney shall be attached to the bid. (3) For bids submitted by a partnership or joint venture, the proposal shall identify the name of all firms

and the authorized parties of all firms. A copy of the partnership/joint-venture agreement shall be provided to Metro as an attachment to the proposal.

13. MODIFICATION OR WITHDRAWAL OF BID PROPOSAL

A. Bidder may modify or withdraw their proposal at any point up to the specified time and date identified for receipt of bid proposals. Any request for bid withdrawal or modification by the Bidder that is received after the specified time and date for receipt of bid proposals will be returned unopened to the sender.

B. Any modification to a Bidder’s bid proposal must be made on the proposal forms contained in the project manual. The Bidder’s authorized representative must sign the modification. The modification shall be placed in a sealed envelope and the statement “Modification to Proposal” shall be legibly marked in the upper left hand corner. Withdrawal of a proposal may be made only with written confirmation under signature of the Bidder.

14. BID GUARANTY Each bid proposal shall be accompanied by a bid guaranty in the amount of five percent (5%) of the total amount

of the bid. The bid guaranty must be by bid bond to Metro. The bid bond shall be from a responsible surety qualified to conduct business within the State of Nebraska.

15. DISADVANTAGE BUSINESS ENTERPRISE (DBE)

The requirements of 49 Code of Federal Regulations (CFR) Part 26 shall apply to this contract. It is the policy of Metro to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. Metro encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Metro has established a specific goal for this project for DBE participation of 0.0% through race/gender neutral means. Metro’s overall DBE goal for FFY 2017 – 2019 is 9.87%. In order to receive a contract award, Title 49 Code of Federal Regulations (CFR) Part 26, requires the apparent low bidder must establish either 1) that it has met the DBE participation goal of 15% through race/gender neutral means; or 2) that it has made adequate good faith efforts to meet the DBE participation goal. This requirement is in addition to all other pre-award requirements. 1. Attaining DBE Contract Goals

a. Prime contractors shall, at a minimum, seek certified DBE subcontractors in the same geographic

area in which they generally seek subcontractors for a given solicitation. If the Bidder cannot meet the DBE goals using certified DBEs from the same geographic area, the Bidder may expand its search to a reasonably greater geographic area.

b. Prime contractors are required to make good faith efforts to replace a DBE subcontractor that is unable to perform with another certified DBE subcontractor. In order to ensure compliance with this requirement, any substitution of DBE subcontractors after execution of a contract must be approved by Metro as outlined in 49 CFR Part 26.

c. Metro encourages prime contractors on Department of Transportation (DOT) assisted contracts to investigate to the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community and to make reasonable efforts to use these institutions.

2. Soliciting DBEs


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All Bidders should make every reasonable effort to subcontract work to DBEs through Good Faith Negotiations and solicitations in advance of the dates specified in this bid solicitation for submitting and opening of bid proposals. Only those DBEs who are currently certified through the Nebraska Department of Transportation (NDOT) Civil Rights Office or DBEs having certification that can be made final through the NDOT Civil Rights Office in accordance with applicable provisions of 49 CFR Part 26 before the due date for this solicitation on which a firm seeks to participate as a DBE will be considered in meeting the DBE contract goal for this project. For a listing of Nebraska certified DBEs see: http://dot.nebraska.gov/business-center/civil-rights/.

3. Evaluation of Bid Proposals for DBE Participation a. Meeting DBE Project Goal Criteria: The Bidder must either meet or exceed the established DBE goal(s)

for the project or submit documentary evidence with their bid substantiating that good faith efforts were made to meet the established DBE goal(s).

b. Required DBE Information as a Matter of Bidder Responsiveness:

The award of this contract by Metro is conditioned upon the Bidder satisfying the good faith effort requirements of 49 CFR 26.53. Bidding firms must present all of the required DBE information with their bid proposal as a matter of responsiveness for consideration of the bid proposal, as follows:

i. All bidding firms are required to include a completed DBE Participation Form and DBE Confirmation Form; and

ii. All bidding firms are required to include a completed Bidder’s List Form. iii. If the project DBE goal(s) is/are not met, documentary evidence of good faith efforts.

c. Evaluation of Responsiveness:

i. A bid proposal will not be read if the required DBE information is not included.

ii. If no DBE participation is intended by Bidder, the DBE Participation Form must indicate that good faith effort documentation is included with the bid proposal. A signed, blank or incomplete DBE Participation Form will be interpreted as meaning that no DBE participation is intended, and the bid deemed as not complying with submission of required DBE information and determined non-responsive.

iii. Required DBE information shall not be subject to revision after the closing date of specified in the solicitation.

iv. The information submitted on the DBE Participation Form will be verified by Metro’s designated DBE Liaison Officer (DBLEO). Errors in addition will be treated in accordance with Metro’s current specifications and procedures.

d. Good Faith Efforts to Secure DBE Participation

i. If the firm fails to meet or exceed the established DBE goal, the firm must submit

documentation evidencing that bona fide good faith efforts were undertaken to secure DBE participation as provided by 49 CFR Part 26, Appendix A, Part IV, quoted below:

IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it

http://dot.nebraska.gov/business-center/civil-rights/


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intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. A. (1) Conducing market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified DBEs that have the capability to perform the work of the contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all DBEs listed in the State's directory of transportation firms that specialize in the areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the project.

(2) The bidder should solicit this interest as early in the acquisition process as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.

B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation. C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract.

D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for DBEs to perform the work.

(2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.

E. (1) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest


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received. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals.

(2) A prime contractor's inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE's reasonable quote.

F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.

G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.

H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.

SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION PROGRAM Metro has incorporated as an element of its DBE program, reasonable steps to eliminate obstacles for small business enterprises (SBEs), both DBE and non-DBE, in order to facilitate their competition on Department of Transportation (DOT) assisted contracting opportunities, as provided by 49 CFR 26.39, as amended October 2, 2014.

1) Purpose/Objectives The purpose of Metro’s Small Business Enterprise Participation Program is to foster race-neutral small business participation in Department of Transportation (“DOT”) assisted projects. Since small business elements developed by Metro will be a part of its approved DBE program plan. Metro will use the definition of “small business concerns” set out in 49 CFR §26.5, as amended, in administering its program. This will ensure that all small businesses allowed to participate in the program (DBEs and non-DBEs) are subject to the same size standards and, consequently compete with similarly-sized businesses. By facilitating participation for small businesses, Metro believes that establishing program elements that pull together various ways for reaching out to small businesses, makes it easier for the small businesses to compete for DOT-assisted contracts, thus fostering the objectives of Metro’s DBE program.

2) Definitions of Terms The definitions of terms contained in 49 CFR § 26.5, as amended October 2, 2014, shall be used as definitions in Metro’s Small Business Enterprise Participation Program and are hereby incorporated by reference.

3) Fostering Small Business Participation As part of accomplishing this program element, Metro will actively use the following strategies to foster small business participation:


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a. Metro will consider unbundling contracts on a case-by-case basis. The DBELO will review all scopes of work to determine if there are sections of work where there are definitely separable items that can be unbundled. Thus, when practical, on large scope contracts containing work involving different disciplines or trades, such contracts will be divided into potentially smaller contracting opportunities.

b. On prime contracts exceeding $100,000 not having DBE contract goals, Metro will require the prime contractor to provide subcontracting opportunities of a size that small business concerns, including DBEs, could reasonably perform, rather than self-performing all the work. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate SBE/DBE participation, even when the prime contractor might have the ability and otherwise prefer to perform these work items with its own forces.

c. Generate awareness of Metro’s procurement opportunities to small businesses by utilizing broader advertising in print and electronic media, and advertisement circulation to small business representatives and stakeholder groups.

d. Participate in business development meetings and other stakeholder group hosted events intended to enhance procurement opportunities for small businesses.

e. Identify DBEs, non-DBE and SBEs in the local market area using Metro’s bidders list. Eligibility Standards To ensure the eligibility of a small business concern, Metro will take steps to verify eligibility of a small business concern to participate in its Small Business Participation Program. Metro’s Small Business Enterprise Participation Program prohibits small business concerns to self-certify/verify as small businesses. Therefore, only those currently certified SBEs or SBEs that can be certified by the City of Omaha prior to a contract award are eligible for participation in Metro’s Small Business Enterprise Participation Program. See: http://www.cityofomaha.org/humanrights/contract-compliance for a listing of City of Omaha eligible SBCs. Certified SBEs should be noted on the Required Subcontractor/Supplier Quote List form.

Goal Setting/Reporting Requirements: Metro’s Small Business Enterprise Participation Program is intended to facilitate compliance with the 49 CFR §26.51, as amended October 2, 2014, (1) to meet the maximum feasible portion of Metro’s overall DBE goals by using race-neutral means of obtaining DBE participation; and (2) to implement race-conscious measures by establishing goals that apply only to DOT-assisted contracts with subcontracting opportunities to meet any portion of the overall goal Metro is unable to meet using race-neutral means alone. The use of race-neutral small business goals on the same contracts that have DBE contract goals is difficult to administer. Therefore, Metro will not establish small business participation project goals in any contract solicitation that has a specified DBE goal. Pursuant to 49 CFR §26.11(a), as amended October 2, 2014, Metro is required to track DBE project participation and transmit data via the Uniform Report of DBE Awards or Commitments and Payments to the applicable DOT operating administration. See: http://www.transportation.nebraska.gov/letting/DBE/Certifed_DBEs_4-25-16.pdf for the Directory of Nebraska of Department of Roads (NDOR) Certified Disadvantaged Business Enterprises.

http://www.cityofomaha.org/humanrights/contract-compliance

http://www.transportation.nebraska.gov/letting/DBE/Certifed_DBEs_4-25-16.pdf


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Therefore, race-neutral participation of DBEs certified through the NDOT achieved through the Small Business Enterprise Participation Program shall be counted towards attainment of Metro’s overall DBE project goal established for any DOT-assisted contracts.

e. Good Faith Efforts Reconsideration If Metro’s preliminary finding is that the firm did not demonstrate a satisfactory effort to meet the contract DBE goal(s), the firm may appeal the preliminary finding by submitting a writing request for reconsideration with three (3) days of the preliminary finding. The firm may then present information either in a written narrative supporting its good faith efforts, or may appear in person. Any and all new information not included in the original SOQ documents will be excluded from the final determination. The appeal will be herd by a hearing officer appointed by the Executive Director. The hearing officer will be an individual who is knowledgeable about the DBE Program and its good faith efforts provision, but how had no part in the preliminary finding. The hearing officer will hear the appeal within five (5) days of receipt of the written request, and issue a written decision within three (3) days following the appeal hearing. The hearing officer’s decision is administratively final, and has no further appeal.

f. Substitution of DBE The firm awarded the contract must promptly notify Metro whenever a DBE subcontractor performing work related to this project is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The firm may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Metro.

16. WARRANTIES OF THE PARTIES

A. Warranties of Bidder - In addition to those representations and warranties set forth in the Specifications, or otherwise made in or required by the Contract, for purposes of its Proposal and the Contract, if awarded to the Bidder, Bidder hereby warrants and represents that: (1) It is duly organized and existing under and by virtue of the laws of the state of its organization and has

the power and Metro to own its properties and to carry on the business as presently conducted and as represented and to do business in the State of Nebraska.

(2) It has all requisite corporate power and Metro to execute, deliver and perform the Proposal and Contract; the Proposal and the Contract have been duly authorized, executed and delivered, and as such, constitute its valid and binding obligation, enforceable in accordance with its terms and conditions.

(3) Performance of the Contract will not violate, or be in conflict with, or result in a material breach of, or constitute a default under, any material agreement, order, judgment, or decree to which it is a party or by which it is bound.

(4) It has examined or is familiar with all current Laws and shall undertake its performance under the Contract in conformity with the same.

(5) The representations made in the Contract, including the Certifications made in its Proposal are true, accurate and complete in all respects.

(6) To the best of its knowledge, after due and diligent inquiry, no elected official of Metro, and no member of Metro’s Board of Directors of nor any of Metro’s officers or employees is employed by, or has a financial interest, direct or indirect, in the Contract, the Bidder, the Contractor or any Subcontractors.

(7) It shall execute and deliver all such other and additional instruments and documents and to do such other acts and things as may be reasonably necessary more fully to effectuate the Work and the Contract. Without limitation to any of the foregoing, all warranties required by the Contract or otherwise applicable to the Work shall be assignable to Metro upon the completion of the Work or any termination of the Contract.

(8) In its performance of the Work, Contractor, including its Subcontractors shall use the standard of


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professional ethics and the degree of skill, care and diligence normally employed by professionals and trades performing the same or similar Work (collectively, the “Standard”). Except as expressly limited by the Specifications or executed agreements, all Work to be furnished under the Contract shall be of highest quality and new, free from faults and defects, suitable for Metro's purposes and in conformity with the Contract. Any other Work shall be considered defective. Without prejudice to any other recourse available to Metro, Contractor will re-perform and otherwise remedy any defective Work, including any Work not meeting the Standard without additional compensation.

(9) Evidence of competency shall consist of statements covering the Bidder’s past experience on similar work.

(10) Evidence of financial responsibility shall consist of a confidential statement or report of the Bidder’s financial resources and liabilities as of the last calendar year. A public accountant must certify such statements and reports. If the Bidder is presently pre-qualified with the State Highway agency, evidence of this pre-qualification may serve as evidence of financial responsibility in lieu of the certified financial statements and reports.

B. Warranties of Metro – Metro makes no representation of any nature to the Bidder, other than that the information provided in this document is true and accurate to the best of its knowledge at the time of its writing.

17. NOTIFICATION OF FEDERAL PARTICIPATION

This project is financed in part by the FTA. Accordingly, federal requirements apply to this contract. In the event these requirements are revised during the performance of this contract, the proposer shall incorporate those revised provisions mandated by the FTA.

18. PROCUREMENT SCHEDULE

A. The following is the anticipated Procurement Schedule • Release Notice to Bidders May 18, 2018 • Pre-Bid Conference June 5, 2018 • Request for Clarifications/Substitutions Due June 7, 2018 • Responses to Clarifications/Substitutions Posted June 11, 2018 • Bids Due June 18, 2018 • Bid Opening June 18, 2018 • Bid Award June 28, 2018 • Construction Start July 9, 2018 • Construction Substantial Completion December 22, 2018 • Construction Final Completion June 30, 2019

19. SUBMISSION OF BID PROPOSAL

A. Proposals shall be sent to arrive at the specified time and date for receipt of bids. Proposals received after the specified time will not receive consideration and will be unopened. Proposals shall be enclosed in a sealed opaque envelope. Each proposal shall be addressed to the office location identified in the Notice-to-bidders. The upper left hand corner of the envelope shall be marked as follows:

Sealed Bid Proposal Bid of {Insert Name of Bidder} For construction improvements at

Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall PROJECT #: NE-04-0044, Spec. 34-17 To be opened at: June 18, 2018 at 2:00 PM

B. For a modification to a previously submitted proposal, insert “Modification to Proposal” in place of “Sealed Bid Proposal”


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20. BID OPENING

All proposals submitted prior to the stated time and date for receipt of bids will be publicly opened and read aloud by Metro or Metro’s Representative. Bidders, their authorized agents, and other interested parties are invited to attend. Proposals submitted after the stated time and date for receipt of bids will be automatically rejected without consideration and will be returned unopened.

21. EVALUATION OF PROPOSALS

A. Proposals may be held by Metro for purposes of review and evaluation by Metro for a period not to exceed 60 calendar days from the stated date for receipt of bids. Metro will tabulate all bids and verify proper extension of unit costs. The Bidder shall honor their proposal for the duration of this period of review and evaluation. The bid guaranty will be held by Metro until this period of review has expired or a contract has been formally executed.

B. Copies of responsive competing Proposals shall not be made available to Bidders until 60 days after board approval. Bidders requesting copies of the Proposals shall do so in writing accompanied by a certified or cashier’s check in the amount of $25.00. Bidders should be aware that Metro is a public body to which the public records laws of the State of Nebraska may apply. Metro shall take reasonable steps to notify the Person designated by the Bidder in the Proposal of any request by any Bidder or other Person to obtain copies of, or to otherwise review information, clearly identified in the Proposal as “Confidential Information”. Metro expressly disclaims any further obligation or undertaking to otherwise protect the confidential nature of any information contained in any Proposal.

22. BID INFORMALITIES AND IRREGULARITIES

Metro reserves the right to waive any informality or irregularity discovered in any proposal, which in Metro’s judgment best serves Metro’s interest. In the situation where an extension of a unit price is found to be incorrect, the stated unit price and correct extension will govern. In the event of a discrepancy between the written and numeral values, the written value shall take precedence.

23. IRREGULAR PROPOSALS

Proposals meeting the following criteria are subject to consideration as being irregular: (1) If the proposal is on a form other than that furnished by Metro or Metro’s representative. (2) If the form furnished by Metro or Metro’s representative is altered or detached from the original

document. If there are unauthorized additions, conditional or alternate pay items or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous.

(3) If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized pay items, for which the Bidder is not required to furnish a unit price.

(4) If the proposal contains unit prices that are obviously unbalanced. (5) If the proposal is not accompanied by the bid guarantee specified herein.

24. DISQUALIFICATION OF BID PROPOSALS Metro reserves the right to reject any or all bids, as determined to be in the best interest of Metro. Causes for

rejection of proposals include but are not limited to: (1) Submittal of an irregular proposal; (2) Submittal of more than one proposal from the same partnership, firm or corporation; (3) Failure by Bidder to submit the bid prior to the stated time and date for receipt of bids; (4) Failure by Bidder to furnish satisfactory bid guarantee; (5) Failure by Bidder to provide all information required of the bid forms; (6) Failure by Bidder to comply with the requirements of bid instructions; (7) Failure by the Bidder to submit required DBE information as a matter of responsiveness as set forth

above in Section 15(3); (8) Determination by Metro that Bidder is not qualified to accomplish the project work; (9) Determination by Metro that the Bidder has placed conditions on or qualified their proposal;


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(10) Discovery of any alteration, interlineations or erasure of any project requirement by the Bidder; (11) Evidence of collusion among bidders.

25. PROTESTS

A. Protests made in connection with this document, including the protest of a denial or approval of any request made shall be made in writing received by the Grant Administrator by no later than ten (10) days before the Opening Date. Protests shall be limited to those allowable by, and made in compliance with, the procedures established by Metro, copies of which may be obtained from Metro’s Executive Director upon written request. All protests shall be concise, direct and sufficient to permit Metro to determine the full and complete basis therefor, fully supported by all current, relevant objective information, documentation or support considered necessary by the Bidder that is completely accurate in all material respects. Metro shall decide the protest by no later than five (5) days prior to the Opening Date. Procedures for appeals from any such decision are set forth in Metro’s protest procedures.

B. Appeals from the award of a Contract must be made in writing received by the Metro’s Executive Director no later than ten (10) days after the earlier of the award of the Contract or the announced intention of the award of the Contract. Appeals shall be limited to those allowable by, and made in compliance with, the procedures established by Metro, copies of which may be obtained from the Executive Director. All appeals shall be concise, direct and sufficient to permit Metro to determine the full and complete basis therefor, fully supported by all current, relevant objective information, documentation or support considered necessary by the Bidder that is completely accurate in all material respects. Procedures for appeals from any such decision are set forth in Metro’s protest procedures.

C. The filing or approval of any protest or appeal may result in the extension of the Opening Date, the issuance of an Addendum, the withdrawal of this document or the reconsideration of any award of a Contract, in the sole discretion of Metro.

D. In the event of an appeal from the award of a Contract, the award shall not be considered final or binding upon Metro unless the award is thereafter confirmed in writing by the Executive Director.

E. For information purposes only, each Bidder should understand that the FTA will not accept any protest or appeal from any decision of Metro unless Metro fails to have any written protest procedures, Metro fails to follow such procedures or Metro fails to review a timely protest. A Bidder must exhaust all administrative remedies with Metro before pursuing a protest with FTA. An appeal to FTA must be received by the appropriate FTA regional or Headquarters Office within five (5) working days of the date the Bidder knew or should have known of the violation.

26. CANCELLATION OF AWARD

At any time prior to execution of a contract agreement, Metro reserves the right to cancel the award for any reason without liability to the Bidder, with the exception of the return of the bid guaranty, at any time prior to execution of the contract.

27. NOTICE OF AWARD OF CONTRACT It is the intent of Metro, after a period of review and evaluation, to award a contract to the responsible bidder

that submits the lowest responsive proposal. The successful bidder will be informed their bid has been accepted through Metro’s issuance of a Notice-of-Award. The Notice-of-Award shall not be construed as a binding agreement. The proper execution of a contract agreement shall serve as the binding agreement.

28. RETURN OF BID GUARANTY

A. The bid guaranty of the successful Bidder will be returned upon successful execution of the contract documents as specified herein. Failure by the successful Bidder to execute the contract documents within the specified time shall result in forfeiture of the bid guaranty. The bid guaranty of the second and third lowest responsible bidders will be retained for a period of 60 days pending the execution of the contract documents by the successful bidder.

B. Except as noted above, the bid guaranty of unsuccessful bidders will be returned at the point their proposal is rejected.


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29. CONTRACT AGREEMENT

The successful Bidder shall execute the contract agreement in accordance with the accepted bid proposal within thirty (30) days of the date of the Notice-of-Award. Failure to execute the contract agreement within the specified time frame may result in the bid being awarded to the next low bidder and shall result in the forfeiture of the Bidder’s bid guarantee as a liquidated damage.

30. PERFORMANCE AND PAYMENT BONDS

A. The successful Bidder shall furnish separate performance and payment bonds each in the amount of 100% of the contract price. The bonds shall be made payable to Metro as security for faithful performance of the contract and for the payment of all persons, firms or corporations to whom the Bidder may become legally indebted for labor, materials, tools, equipment or services in the performance of the project work. The form of the bond shall be that provided within the project manual. The current power of attorney for the person signing the bond as a representative of the surety shall be attached to the bonds.

B. The executed bonds shall be delivered to Metro within fifteen (15) calendar days from the date of contract execution. Bonds should not be executed prior to execution of the contract agreement. The bonds shall be issued by a solvent Surety, which is certified to operate within the State the project work is located and which is listed in the current issue of the U.S. Treasury Circular 570. If specifically requested by Metro, the successful Bidder shall obtain and submit information on the surety’s financial strength rating.

31. CERTIFICATES OF INSURANCE

The successful Bidder shall furnish to Metro all required certificates of insurance as specified with the project manual.

32. APPROVAL OF THE CONTRACT

A. Upon receipt of the Contract Agreement, Contract Bonds and Certificate of Insurance as executed by the successful Bidder, Metro will complete execution of the contract conditioned upon Metro’s judgment that it remains in their best interest to enter into the Agreement.

B. Delivery of the fully executed Contract Agreement to the successful Bidder shall constitute Metro’s approval to be bound by the successful Bidder’s proposal and all terms and conditions of the Contract Agreement.

C. Upon satisfactory execution of the contract by the successful Bidder and Metro, all references to “Bidder” in the bid documents become equivalent to the term “Contractor”.

33. FEDERAL CLAUSES FOR PROCUREMENT OF CONSTRUCTION

A. No Obligation by the Federal Government The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal

Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

The Contractor agrees to include the above clause in each subcontract financed in whole or in part with

Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

B. Program Fraud and False or Fraudulent Statements or Related Acts

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further


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acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under Metro of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

C. Access to Records

Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

Where any Purchaser which is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

FTA requires the inclusion of these requirements in all subcontracts.

D. Federal Changes

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the current Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

E. Termination (1) Termination for Convenience by Metro-

Any Contract, or any part thereof, awarded by Metro pursuant to this RFCP shall be subject to termination at any time by Metro upon notice in writing to be effective as of the date of receipt of such notice. Upon receipt of such notice, Contractor shall, unless otherwise specified in the notice, immediately stop all


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Work and, to the extent permitted under each applicable subcontract or agreement, give prompt written notice to Subcontractors to cease all related Work. In the event this Agreement is terminated by application of this Section, Contractor shall have no claim, right, remedy or entitlement for damages, compensation or equitable relief for early termination other than as provided in Section (2). Contractor waives any other right, remedy or recourse of any nature whatsoever it may have now or at any other time against Metro and the FTA.

In the event of termination for convenience pursuant to Section e.(1), Metro shall be responsible to pay the Contractor only for all authorized Work performed up to the date of termination and conforming to the Contract, without allocation of profit for unperformed, remaining or incomplete Work. In no event shall the aggregate charges to be paid by Metro pursuant to the preceding sentence exceed the Contract price. In the event of such termination, Contractor shall have no recourse against Metro except as earlier stated in this Section (e) and as follows: Contractor shall be entitled to receive reimbursement from Metro an amount equal to the sum of: (i) the reasonable out-of-pocket costs actually and necessarily incurred by Contractor in withdrawing its equipment and personnel from the Work and otherwise demobilizing; (ii) the actual, reasonable and necessary costs reasonably incurred by Contractor in terminating those contracts, not assumed by Metro, for Subcontractors; (iii) provided, however, Contractor shall not be paid for any Work after receipt of such notice or for any costs incurred by Subcontractors after receipt of Customer’s termination notice, or for Work which Contractor could reasonably have avoided Contractor. Contractor shall document any cost claimed by it to Metro’s reasonable satisfaction and shall supply Metro with copies of all invoices for Subcontractors covering the amounts claimed as costs for such purpose. Contractor shall submit an invoice to Metro for the amount of reimbursement claimed by Contractor with all supporting information and requisite documents. Unless disputed in good faith by Metro, Customer shall be paid such amounts within thirty (30) business days after Customer delivers all Work, completed or not completed, in its then current form, free and clear of all liens and assigns to Metro together with any subcontracts, duly assigned, that Metro is willing to assume.

(2) Suspension by Metro- Upon seven- (7) days’ prior notice, Metro may suspend, delay, or interrupt for up to six (6) months the Work or the Project for the convenience of Metro. In the event such suspension, delay, or interruption causes a change in Contractor’s cost or time required for performance of the Work, the Parties will agree on an equitable adjustment through a written amendment to the Contract to be signed by Metro and Contractor. Metro may withdraw a suspension upon five- (5) days’ written notice to Contractor. Any suspension, delay or interruption that exceeds six (6) months shall be deemed to be a termination by Metro and Contractor shall be compensated by Metro as if this were a termination for convenience.

(3) Termination by Metro- Without prejudice to any other remedy or recourse, including its right to seek damages, Metro may terminate the Contract effective immediately upon Contractor’s receipt of written notice from Metro specifying any of the following events:

• Insolvency of Contractor. • The filing of a meritorious petition of bankruptcy by or against Contractor or the filing of any petition

by Contractor seeking protection under Chapters 7, 11 or 13 of the United States Bankruptcy Code. • The conviction of Contractor of a felony in connection with the Work. • Failure to materially comply with any of the Laws. • Any attempt to evade any material provision of the Contract or to practice any fraud or deceit upon

Metro. • The failure of Contractor or any of its Subcontractor’s to fully comply with the lawful directives or

cooperate with requests of Metro inspectors or other officials administering or monitoring Work, including any federal, state or other public Metro.

• The failure to provide any required bond within ten (10) days of notice of the award of the Contract. • Any material misrepresentation by Contractor made at any time. • Contractor improperly assigns or attempts to assign the Contract or any of the Work.


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• The failure to properly maintain, provide or permit Metro access to any books, records, bank accounts or documentation related to the Contract.

Terminate the Contract, if any of the following (which shall also constitute a material default or breach of the Contract) is not cured to the satisfaction of Metro within the earlier of thirty (30) days or the time prescribed therefor, in either event from the receipt of written notice from Metro specifying such breach or default:

• Contractor fails to conform operations, which are in violation of the Laws because of a change in the Laws within 30 days following the effective date of such change.

• The failure to promptly pay any sums due to Metro within 5 days of notice. • Contractor refuses or fails to timely commence or perform the Work. • Contractor refuses or fails to supply enough properly skilled workers, or proper materials or

Subcontractors to timely perform the Work. • Contractor fails to comply promptly with rejection notices or notices to correct defects in the Work. • Contractor causes or permits any repudiation, lapse or cancellation of required insurance or bonds. • Any other materially breach or default of any covenant, term, condition or provision the Contract,

whether or not specified in this Section.

Termination under this Section (e) shall be effective as of the expiration of the period so specified without the necessity of further action by Metro.

(4) Wrongful Termination by Metro- In the event Metro shall wrongfully terminate the Contract, unless otherwise agreed by the Parties in writing, to re-instate or otherwise continue the Contract in accordance with its terms, Metro’s termination shall be construed to be a termination for convenience.

(5) Future Breach not Waived - No waiver by Metro of any breach or default by Contractor under the Contract shall operate or be construed to operate as a waiver of any other existing or future breach or default, whether of a similar or different character. Failure of Metro to insist upon strict performance of any provision under this Agreement shall not constitute a waiver of, or estoppel against asserting the right to require strict performance of any other provision of this Agreement or the same provision in the future, nor shall a waiver or estoppel in any one instance constitute a waiver or estoppel with respect to a later default or breach. No waiver by any Person of any default by any Party in the performance of any provision, condition or requirement herein shall be deemed to be a waiver of, or in any manner release of, said Party from performance of any other provision, condition or requirement herein; nor shall such waiver be deemed to be a waiver of, or in any manner a release of, said Party from future performance of the same provision, condition or requirement. Any delay or omission of any Party to exercise any right hereunder shall not impair the exercise of any such right, or any like right, accruing to it thereafter. No waiver of a right created by this Agreement by one or more Parties shall constitute a waiver of such right by the other Parties except as may otherwise be required by law with respect to Persons not parties hereto. The failure of one or more Parties to perform its or their obligations hereunder shall not release the other Parties from the performance of such obligations.

(6) Contractor’s Right to Terminate- Contractor shall not be entitled to terminate the Contract for any reason except as provided in this Section. In the event that Metro fails to timely pay to Contractor any undisputed amounts due pursuant to the terms of the Contract, Metro shall be in default under this Contract and Metro shall be allowed thirty (30) days from receipt of a written notice of such default from Contractor in which to cure such default, after which Seller may immediately terminate this Contract by written notice to Buyer. Any amount disputed by Metro to be due under this Contract must be disputed in good faith.

(7) Waiver of Contractor’s Other Remedies - Except as provided in Section (6), Contractor waives any claim or other right it may have to proceed in law or equity against Metro or to otherwise obtain any money or any damages under or in respect to this Contract for any wrongful or other termination or for any default or breach in the keeping or performance of any warranty, covenant or obligation under or in respect to this Contract by Metro or for any other act, operation or omission of Metro in respect to the Contract, under any theory whatsoever.


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F. Civil Rights

(1) Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age

Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of , Race, Color, Creed, Religion, Sex (including pregnancy), Mental/Physical Disability, Age (40 or over), National Origin, Genetic Information or any other basis prohibited by law. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity- In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws

at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) Age – In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.

§ § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(4) ADA – In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

G. Disadvantaged Business Enterprise (DBE)

(1) Policy Statement The Transit Metro of the City of Omaha d/b/a Metro has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. Metro has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, Metro has signed an assurance that it will comply with 49 CFR Part 26.

It is the policy of Metro to ensure that DBEs as defined in part 26, have an equal opportunity to receive and participate in DOT–assisted contracts. It is also our policy:

• To ensure nondiscrimination in the award and administration of DOT-assisted contracts; • To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;


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• To ensure that the DBE Program is narrowly tailored in accordance with applicable law; • To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to

participate as DBEs; • To help remove barriers to the participation of DBEs in DOT-assisted contracts; • To assist the development of firms that can compete successfully in the market place outside the

DBE Program.

The Director of Legal/Human Resources has been delegated as the DBE Liaison Officer. In that capacity, the Director of Legal/Human Resources is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by Metro in its financial assistance agreements with the Department of Transportation.

Metro Board of Directors has adopted a formal Operating Policy demonstrating the company’s commitment to implementing all aspects of the DBE program which has been disseminated to managers and officials responsible for procurement of goods and services. The Policy Statement is posted on company Bulletin Boards. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted contracts by posting the statement on the company’s website and including the Statement of Policy in solicitation documents.

The (Contractor, Sub-recipient, or Sub-contractor) shall not discriminate on the basis of race, color, national origin, or sex in the performance of the (Contract or Agreement). The requirements of 49 C.F.R. Part 26 or at another Part if reissued and the Recipient’s U.S. DOT-Approved Disadvantaged Business Enterprise (DBE) Program (where required) are incorporated in this (Contract or Agreement) by reference. Failure by the (Contractor, Sub-recipient, or Sub-contractor) to carry out these requirements is a material breach of the (Contract or Agreement), which may result in the termination of the (Contract or Agreement) or such other remedy as the Recipient deems appropriate.

The prime contractor agrees to pay each sub-contractor under this prime contract for satisfactory performance of its contract within thirty (30) days following satisfactory performance of the sub-contractor’s work. The prime contractor further agrees to return any retainage payments to each subcontractor within thirty (30) days upon satisfactory completion of the sub-contractor’s work. Any delay or postponement of payment may occur only for good cause following written approval of Metro. This clause applies to both DBE and non-DBE sub-contractors.

H. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E dated June 19, 2003, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any of The Authorities requests, which would cause Metro to be in violation of the FTA terms and conditions.

I. Government-Wide Debarment and Suspension Contractors are required to pass this requirement on to subcontractors seeking subcontracts over $100,000. Thus, the terms "lower tier covered participant" and "lower tier covered transaction" include both contractors and subcontractors and contracts and subcontracts over $100,000. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below.


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The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, Metro may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to Metro if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact Metro for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by Metro. The prospective lower tier participant further agrees by submitting this proposal that it will include the following clause, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.” When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List issued by U.S. General Service Administration. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, Metro may pursue available remedies including suspension and/or debarment.

J. Buy America


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The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C. F.R. part 661, which provide that Federal Funds may not be obligated unless all steel, iron and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by the FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7.

K. Dispute / Continuing Performance In the event of any dispute between Metro and Contractor with respect to the interpretation of this Contract,

any required payment under or the performance required by this Contract, including any dispute which may result in a claim, (a “Dispute”), the aggrieved Party shall notify the other in writing of the Dispute then existing (the “Dispute Notice”). In order for a Party to proceed under this Section, the Dispute Notice must specifically state that the aggrieved Party is invoking the Dispute procedure of this Section. The Parties shall then make a good faith attempt to resolve the Dispute, first through direct discussions between their respective designated representatives. In the event the designated representatives are unable to reach agreement then upon the written request of either Party, each of the Parties will appoint a designated executive whose task it will be to meet for the purpose of endeavoring to resolve such dispute. The designated executives shall meet in Omaha Nebraska as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue which the Parties believe to be appropriate and germane in connection with its resolution. Such executives will discuss the problem and/or negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto. No action for the resolution of such dispute outside of these procedures shall be taken by either Party until one of the designated executives concludes in good faith that amicable resolution through continued negotiation of the matter in issue does not appear likely and so notifies the other designated executive in writing either party in its sole discretion may invoke litigation, provided that failure to invoke litigation shall not be a waiver of any such Dispute except as otherwise provided in the Contract. During any mediation or litigation which arises out of a Dispute, all parties will continue to perform pursuant to the Contract, without prejudice to the express rights of Metro or Contractor set forth in this Section to terminate the Contract. In addition to the specific rights of termination and suspension as set forth, Metro and Contractor shall have also available the remedy of specific performance, which may be raised as a defense in any action commenced prior to the Parties' compliance with this Section

L. Lobbying

Contractors who apply or bid for an award of $100,000 or more shall execute and submit with their bid or offer, the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

M. Clean Air

The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

N. Clean Water


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The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

O. Cargo Preference

The contractor agrees to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels.

And, to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.)

Contractor agrees to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

P. Fly America Requirements

The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and sub-recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

Q. Davis-Bacon Act

(1) Minimum wages- All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which


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cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where the workers can easily see it.

The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and the classification is utilized in the area by the construction industry; and the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and with respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. The wage rate (including fringe benefits where appropriate) determined pursuant to this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act


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have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: The work to be performed by the classification requested is not performed by a classification in the wage determination; and the classification is utilized in the area by the construction industry; and the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

The wage rate (including fringe benefits where appropriate) determined pursuant to this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(2) Withholding- Metro shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, Metro may, after written notice to the contractor, sponsor, applicant, or Metro, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and Basic Records- Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid


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(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to Metro for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

• That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete;

• That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

• That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. The contractor or subcontractor shall make the records required under of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or Metro, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and Trainees-


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a. Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

b. Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.


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c. Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act requirements – The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference

in this contract. (6) Subcontracts – The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)

through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

(7) Contract termination: debarment – A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for

debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-

Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards – Disputes arising out of the labor standards provisions of this contract shall not be subject to the general

dispute clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility – By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm

who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

R. Contract Work Hours and Safety Standards Act

(1) Overtime requirements – No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages – In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages - Metro shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any


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such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts – The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.

(5) Payrolls and basic records – Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(6) Contract Work Hours and Safety Standards Act – The Contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions.

(7) Subcontracts – The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market.

S. Copeland Anti-Kickback Prohibitions

Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United


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States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined under this title or imprisoned not more than five years, or both.

T. Bonding

Bidders shall furnish a bid guaranty in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the RECIPIENT. The amount of such guaranty shall be equal to 5% of the total bid price.

In submitting this bid, it is understood and agreed by bidder that the RECIPIENT reserves the right to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [90] days subsequent to the opening of bids, without the written consent of RECIPIENT.

It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [90] days after the bid opening without the written consent of the RECIPIENT, or refuse or be unable to enter into this Contract as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guaranty to the extent RECIPIENT’S damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaulting bidder's bid guaranty shall prove inadequate to fully recompense RECIPIENT for the damages occasioned by default, then the undersigned bidder agrees to indemnify RECIPIENT and pay over to RECIPIENT the difference between the bid guarantee and RECIPIENT’S total damages so as to make RECIPIENT whole. The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive

U. Seismic Safety

The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.

V. Energy Conservation

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

W. Recycled Products

These requirements apply to contractors and sub-contractors at all tiers. The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds.

The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

X. State and Local Law Disclaimer


31

All regulations listed in this document apply to the Third Party Contractor in the same manner as they apply to Metro. Offers will be received and reviewed, but no contract shall be awarded until all applicable Federal, State and Local Government regulations have been complied with.

Y. ADA Access

The contractor agrees to comply with the requirements of 49 U.S.C. § 5301 (d), which states the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement that policy. The contractor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

Z. Federal Participation

In the announcement of any third party contract award for goods or services (including construction services), having an aggregate value of $500,000 or more, Metro will specify the amount of Federal assistance to be used in financing that acquisition of goods and services, and to express the amount of that Federal assistance as a percentage of the total cost of that third party contract.

AA. New Employee Work Eligibility Status The Contractor is required and hereby agrees to use a federal immigration verification system to determine

the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee.

If the Contractor is an individual or sole proprietorship, the following applies:

• The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us.

• If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

• The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.

BB. Veterans Preference

Contractors working on a capital project funded using FTA assistance give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.

http://www.das.state.ne.us/


32

CC. Special Provision – Text Messaging While Driving

In accordance with Executive Order No. 13513,Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, 23 U.S.C.A. § 402 note, and DOT Order 3902.10, Text Messaging While Driving December 30, 2009, the Grantee is encouraged to comply with the terms of the following Special Provision. (1) Definitions - As used in this Special Provision:

Driving- Means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. Driving does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. Text Messaging Means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless the practice is prohibited by State or local law.

(2) Safety - The Grantee is encouraged to: Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including

policies to ban text messaging while driving- • Grantee-owned or Grantee-rented vehicles or Government-owned, leased or rented vehicles; • Privately-owned vehicles when on official Project related business or when performing any work

for or on behalf of the Project; or • Any vehicle, on or off duty, and using an employer supplied electronic device.

Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, such as:

• Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

• Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

Include this Special Provision in its sub-agreements with its sub-recipients and third party contracts and also encourage its sub-recipients, lessees, and third party contractors to comply with the terms of this Special Provision, and include this Special Condition in each sub-agreement, lease, and third party contract at each tier financed with Federal assistance provided by the Federal Government.

END OF SECTION 1 – BID SOLICITATION

SECTION 2- REQUIRED SUBMISSION DOCUMENTS

REQUIRED SUBMISSION DOCUMENTS

The Transit Authority of the City of Omaha

Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall: GRANT NO: NE-04-0044, Spec. 34-17

The following forms are required to be submitted with the bid proposal and can be found on the pages following.

_______ Proposal Form

_______Exhibit “A” to the General Conditions, Federal Clauses for Procurement of Construction

_______Exhibit “B” to the General Conditions, Debarment/Suspension - Prime

_______Exhibit “C” to the General Conditions, Debarment/Suspension - Sub

_______Exhibit “D” to the General Conditions, Affidavit of Non-Collusion – Prime

_______Exhibit “E” to the General Conditions, Lobbying Certification

_______Exhibit “F” Request for Substitutions/Approved Equals

_______Exhibit “G” Acknowledgement of Addendum

_______Exhibit “H” Conflict of Interrest Disclosure

_______Exhibit “I” Buy America Acknowledgement

_______Exhibit “J” Davis Bacon Wage Acknowledgement

_______Exhibit “K” Required DBE Participation Form

_______Exhibit “L” Required DBE Confirmation Form

_______Exhibit “M” Documentation of Good Faith Effort

_______Exhibit “N” Bidders List Data Form

Please ensure all forms are signed and dated and all requested infromation is assigned.

PROPOSAL FORM

To: The Transit Authority of the City of Omaha d/b/a Metro 2222 Cuming Street Omaha, Nebraska 68102 The undersigned, having carefully examined the Drawings, Specifications, and all Addenda thereto and other Contract Documents prepared by SRF Consulting Group, Inc. for the construction of the Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall NE-04-0044, Spec. 34-17, at Creighton University and having carefully examined the site of work and become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with Federal, State and local laws, ordinances, rules and regulations affecting performance of the work, do hereby propose to furnish all labor, mechanics, superintendence, tools, material, equipment, and all utilities and transportation services necessary to perform and complete said work and work incidental thereto, in a workmanlike manner, as described in said Drawings, Specifications, and other Contract Documents including Addenda No(s). _______________ issued thereto, for___________________________________________________________________________________________. Dollars ($__________________ ____________). The undersigned further certifies that he/she has personally inspected the actual location of the work, together with the local sources of supply and that he/she understands the conditions under which the work is to be performed, or that if he/she has not so inspected the site and conditions of the work, he/she waives all right to plead any misunderstanding regarding the work required or conditions peculiar to the same. The undersigned understands the conditions of the project as stipulated in the Bid Schedule herein attached. BASE BID - The contractor must have the project substantially completed by December 22, 2018, with Final Completion by June 30, 2019. Liquidated damages will occur if the contractor does not complete the project by these dates from the Notice to Proceed. Retained percentage on all pay estimates will be 10% until all work is completed and accepted by Metro. This project is sales tax exempt. Bidders shall not include sales tax in their bid. Metro will issue the successful bidder with a sales Tax Exemption certificate and Purchasing Agent Appointment for materials used on this project. The award for the work under this contract will be based on the lowest total bid and a review of the Contractor DBE participation in accordance with FTA Special Provisions included herein. The work includes the cost of materials, labor, bonds & insurance necessary to accommodate the work. The undersigned hereby agrees, if awarded the Contract to furnish a Performance Bond in an amount equal to One Hundred percent (100%) of the Contract Sum as security for the faithful performance of the Contract (including warranty and guarantee provisions) and also a Labor and Material Payment Bond in an amount not less than One Hundred percent (100%) of the Contract Sum as security for the payment of all persons performing labor on the project under the Contract and furnishing materials in connection with this Contract. The undersigned also agrees to furnish the required Bonds and Insurance Certificates and to execute the Contract within ten (10) days from and after the acceptance of this Proposal and further agrees to begin and complete all work under Contract within the time limits set forth in this document.

Accompanying this Proposal, as a guaranty that the undersigned will execute the Contract and furnish satisfactory Bonds and Insurance Certificates in accordance with the terms and requirements of the Contract Documents, is a bid security of the type specified in the Notice to Bidders made payable to The Transit Authority of the City of Omaha d/b/a Metro, Omaha, Nebraska, in an amount of 5% of the amount base bid. The undersigned hereby assures that they will make sufficient and reasonable efforts to meet the DBE goals, and that they will provide DBE participation in the amount of 0.0% of the dollar value of the prime contract to DBE firms. The DBE participation will be counted in accordance with 49 CFR 26.55. The undersigned also assures that they will include the DBE clauses required by the Sponsor’s DBE Program in all subcontracts that offer subcontracting opportunities. The undersigned will complete and submit (with the bid) the attached DBE Participation Form, including a demonstration of good faith effort if the DBE goal is not met. Along with the DBE Participation Forms the bidder shall submit a DBE Confirmation Form signed by each DBE subcontractor. The undersigned understands that the schedule of minimum wage rates, as established by the Secretary of Labor and included in Section 4 of this manual, govern on this project. The undersigned certifies that they have examined this schedule of wage rates and that the prices bid are based on such established wage rates. The undersigned certifies that they do not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not permit their employees to perform their services on any location under their control where segregated facilities are maintained. The undersigned certifies further that they will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they will not permit their employees to perform their services at any location, under their control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or any other reason. The undersigned agrees that (except where they have obtained identical certifications from proposed small Subcontractors for specific time periods) they will obtain identical certifications from proposed Subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that they will retain such certifications in their files. By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1). No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1). The undersigned specifically agrees not to discriminate against any recipients of services on the basis of race, color, sex, religion, creed, age, marital status, physical or mental disability, political affiliation, national origin or ancestry, and not to discriminate against any employees or applicant for employment on the basis of race, color, sex, religion, creed, age, marital status, physical or mental disability, political affiliation, national origin or ancestry. The undersigned states that they are complying with and will continue to comply with fair labor standards, as defined in Nebraska State Statues, in the pursuit of their business and in the execution of the contract pursuant to this bid. The undersigned hereby declares that the only parties interested in this proposal are named herein, that this proposal is made without collusion with any other person, firm, or corporation, that no member of the council, officer or agent of the sponsor, is directly or indirectly financially interested in this bid.

It is hereby agreed that in case of failure of the undersigned either to execute the Contract or to furnish Bonds or Insurance Certificates which are satisfactory to Metro within ten (10) days after issuance of Notice to Award, the amount of this proposal guaranty shall be forfeited to the Treasurer of the Transit Authority of the City of Omaha d/b/a Metro, Omaha, Nebraska as liquidated damages arising out of the failure of the undersigned either to execute the Contract or to furnish Bonds or Insurance Certificates as proposed. It is understood that in case the undersigned is not awarded the work, the proposal guaranty will be returned as provided in the Contract Documents. If awarded the Contract, our Surety will be _______________________________________________ (name of Surety Company) of ________________________________________. The undersigned Contractor is complying with and will continue to comply with Fair Labor Standards as defined in Nebraska State Statutes, in pursuit of all business including execution of the Contract on which we are bidding herein. In the event of a discrepancy between unit prices quoted in this Proposal and the extensions or totals, the unit prices shall control. Respectfully submitted, Signature of Bidder:

a) If an Individual:

(Signature of Individual)

Doing business as:

(Name of firm)

b) If a Partnership:

(Name of Partnership)

(Signature of Partner)

(Signature of Partner)

c) If a Corporation:

(Name of Corporation)

ATTEST:

(Officer’s Signature)

(Title)

Business Address: Phone No. ___________________________ Fax No. _____________________________

BID SCHEDULE

ITEM No.

DESCRIPTION

ESTIMATED QUANTITY

UNIT

UNIT PRICE

AMOUNT

1 Mobilization 1 LS

2 Staking/Surveying 1 LS

3 Select Demolition - Paving 26,195 SF

4 Select Demolition - Site Elements 1 LS

5 Earth Moving - Excavation 606 CY

6 Earth Moving - Embankment 1,758 CY

7 Earth Moving – Contractor Furnished Borrow

1,452 CY

8 Erosion Control 1 LS

9 Tree Protection 1 LS

10 Planting Soil/Bed Prep 9,000 SF

11 Sodding 1,200 SY

12 Irrigation 1 LS 13 8" Concrete Pavement (Concrete Band)

incl.jt sealant and densifiers 6,873 SF

14 4" Concrete Pavement (walkways) incl., Brick Band, jt sealant and densifiers 1,272 SF

15 4" Concrete Pavement (walkways) 1,244 SF

16 Brick Pavers with 4" Concrete Base 15,817 SF

17 Segmental Block Retaining Wall 950 SFF

18 CIP Concrete Column (round) 10 EA

19 CIP Concrete Column (square) 7 EA

20 CIP Concrete Steps 40 CY

21 Metal Handrails 32 LF

22 CIP Concrete Seatwall 198 LF

23 CIP Concrete Ribbon Curb 144 LF

24 Steel Edging 388 LF

25 Trash Receptacle 6 EA

26 Bench 6 EA

27 Pedestrian Lighting w/ banner arm 19 EA

28 Remove Storm Sewer Inlet/Manhole 3 EA

29 CIP Concrete Pipe Plug 3 EA

30 Adjust Area Inlet to Grade 1 EA

31 Adjust Sanitary Sewer Manhole to Grade 1 EA

32 Adjust Storm Sewer Manhole to Grade 3 EA

ITEM No.

DESCRIPTION

ESTIMATED QUANTITY

UNIT

UNIT PRICE

AMOUNT

33 Adjust Telephone Manhole to Grade 5 EA

34 Adjust Gas Valve to Grade 2 EA

35 Adjust Electrical Manhole to Grade 4 EA

36 Adjust Water Valve to Grade 6 EA

37 Adjust Water Manhole to Grade 2 EA

38 Convert Grate Inlet/Drainage Inlet to Manhole 3 EA

39 Convert Curb Inlet to Manhole 1 EA

40 Relocate Water Valve 3 EA

41 Relocate Gas Valve 1 EA

42 Water Main Relocation 169 LF

43 Gas Line Relocation 65 LF

44 Construct PVC Storm Sewer Pipe - 10" 306 LF



47 Construct 8" Trench Drain 88 LF

48 Tap PVC Pipe into Existing Inlet/Manhole 8 EA

49 Connect PVC Pipe to French Drain 3 EA

50 Construct 18"X18" Catch Basin 4 EA

TOTAL BASE BID (ITEMS 1-50)

TOTAL BASE BID –for items 1 thru 50 is _____________________________________________________

_______________________________________________________and _____________________ cents. (Contractor to

write out total base bid in addition to that provided in the tabular total).

"CERTIFICATE" A Corporate Contractor, in submitting this Proposal hereby represents that the Corporation has complied with all Nebraska Statutory requirements, which are prerequisite to its being qualified to do business in the State of Nebraska, or that it will take all steps necessary to so qualify, if the successful bidder. _______________________________________________By___________________________________ (Name of Corporation) (Officer) (Title)

If Foreign Corporation: ________________________________________________ Nebraska Resident Agent SYNOPSIS OF EXPERIENCE RECORD (This synopsis must accompany Proposal Form) Name of Bidder: ______________________________________________________________ Business Address: _____________________________________________________________ Check one: Individual ( ) Partnership ( ) Corporation ( ) Construction successfully completed within the past five years similar in size, scope, and difficulty of construction to the work bid upon.

Name of Owner

Name of Project

Location of Project

Amount of Contract

1.

2.

3.

4.

Number of Contract Days

Allowed for Above Projects

Actual Number of Days

to Complete Above Project 1.

2.

3.

4.

Signed: (Name of Company) By:

Title:

Date:

END OF PROPOSAL FORM

EXHIBIT A RECEIPT OF FEDERAL CLAUSES

Project: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

Date:

Project No. NE-04-0044,

Specification No. Spec. 34-17

I have reviewed the attached Federal Clauses for Procurement of Construction in conjunction with Metro’s procurement of NE-04-0044, Spec. 34-17 for which:

_______

has provided qualifications for consideration and hereby affirm that:

shall conform to and abide by all aforementioned requirements as set forth and any amendments thereto.

Authorized Representative

Title

Company Name DUNS/TINS Number

Date

EXHIBIT B DEBARMENT AND SUSPENSION CERTIFICATION FOR PROSPECTIVE CONTRACTOR

Primary covered transactions must be completed by Bidder for contract value over $25,000.

Choose one alternative:

□ The Bidder, certifies to the best of its knowledge and belief that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three-year period preceding this Proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or Contract under a public transaction; violation of federal or state antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Paragraph 2 of this certification; and

4. Have not within a three-year period preceding this Proposal had one or more public transactions (federal, state or local) terminated for cause or default. OR

□ The Bidder is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In explanation, certify to those statements that can be certified to and explain those that cannot.) The Bidder certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of Title 31 USC § Sections 3801 are applicable thereto.

Executed in:

Name

Authorized Signature

EXHIBIT C

DEBARMENT AND SUSPENSION CERTIFICATION (LOWER-TIER COVERED TRANSACTION)

This form is to be submitted by each Subcontractor receiving an amount exceeding $25,000.

− The prospective lower-tier participant (Bidder) certifies, by submission of this Proposal, that neither it nor its “principals” as defined at 49 CFR § 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

If the prospective Bidder is unable to certify to the statement above, it shall attach an explanation, and indicate that it has done so by placing an “X” in the following space:

THE BIDDER, CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF ,

EACH STATEMENT OF ITS CERTIFICATION AND EXPLANATION, IF ANY. IN ADDITION, THE BIDDER UNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 USC §§ 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND EXPLANATION, IF ANY.

Name and title of the Bidder’s authorized official:

Name Title

Authorized Signature Date

DUNS/TIN Number:

EXHIBIT D NON-COLLUSION AFFIDAVIT

This affidavit is to be filled out and executed by the Bidder; if a corporation makes the bid, then by its properly executed agent. The name of the individual swearing to the affidavit should appear on the line marked “Name of Affiant.” The affiant’s capacity, when a partner or officer of a corporation, should be inserted on the line marked “Capacity.” The representative of the Bidder should sign his or her individual name at the end, not a partnership or corporation name, and swear to this affidavit before a notary public, who must attach his or her seal.

– State of , County of ____________________________

I, , being first duly sworn, do hereby state that

(Name of Affiant)

I am of

(Capacity) (Name of Firm, Partnership or Corporation) whose business is and who resides at

and that

(Give names of all persons, firms, or corporations interested in the bid)

is/are the only person(s) with me in the profits of the herein contained Contract; that the Contract is made

without any connection or interest in the profits thereof with any persons making any bid or Proposal for said

Work; that the said Contract is on my part, in all respects, fair and without collusion or fraud, and also that no

members of the Board of Trustees, head of any department or bureau, or employee therein, or any employee

of the Authority, is directly or indirectly interested therein.

Sworn to before me this day of , 20 .

– S e a l -

Notary Public My Commission Expires

EXHIBIT E LOBBYING CERTIFICATE

The Bidder certifies, to the best its knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a federal department or agency, a member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a member of the U.S. Congress in connection with the awarding of any federal Contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification thereof.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal Contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction, as amended by “Government-wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96).

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

THE BIDDER, , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND DISCLOSURE, IF ANY. IN ADDITION, THE BIDDER UNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 USC §§ 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND DISCLOSURE, IF ANY.

Name of the Bidder or Bidder’s Authorized Official Title Signature Date

EXHIBIT F REQUEST FOR SUBSTITUTIONS/APPROVED EQUALS

Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

Metro Project NE-04-0044, Spec. 34-17 Date

Use one form per requested equal/per clarification; duplicate as needed.

SPECIFIED ITEM: Section: Drawing Number(s): Detail Number(s): PROPOSED SUBSTITUTION: REASON FOR NOT GIVING PRIORITY TO SPECIFIED ITEMS: Attach product data that includes description, specifications, drawings, photographs, performance and test data adequate for evaluation of request; applicable portions of data are clearly identified. Attached data also includes a description of changes to Contract Documents that proposed substitution will require for its proper installation. The undersigned certifies that the following paragraphs, unless modified by attachments, are correct: 1. Proposed Substitution has been fully checked and coordinated with Contract Documents. 2. Proposed Substitution does not affect dimensions shown on Drawings. 3. Proposed Substitution does not require revisions to mechanical or electrical work. 4. The undersigned will pay for changes to building design, including Architectural and Engineering design,

detailing, and construction costs caused by requested Substitution. 5. Proposed Substitution will have no adverse affect on other trades, construction schedule, or specified warranty

requirements. 6. Maintenance and service parts will be locally available for proposed substitution.

The undersigned further states that the function, appearance, and quality of proposed Substitution are equivalent or superior to specified item. Submitted by: By: (Firm) (Signature) _______ Telephone: ( ) _______ (Address) For use by the Architect/Engineer: [ ] Approved [ ] Approved as noted [ ] Not Approved [ ] Received too late Signature Title Date Remarks:

EXHIBIT G ACKNOWLEDGMENT OF ADDENDA

Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

--- This form must be submitted as an attachment to the Bid Proposal Form ---

If, in the course of this request for offers, it becomes necessary to modify the original solicitation documents, acknowledged receipt of each addendum must be clearly established and included with the Offer. Failure to acknowledge receipt of all addenda may cause an Offer to be considered non-responsive. Acknowledgment of Addenda Project: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall Project No.: NE-04-0044, Specification No.: Spec. 34-17 The undersigned acknowledges receipt of the following addenda to the original solicitation documents: Addendum No. ____________________, Dated _________________ Addendum No. ____________________, Dated _________________ Addendum No. ____________________, Dated _________________ Addendum No. ____________________, Dated _________________ Addendum No. ____________________, Dated _________________ Addendum No. ____________________, Dated _________________

______________________________________________ Company __________________________________________________________________________________ Street Address, City, State, Zip ________________________________________________ Signature of Authorized Representative

___________________________________________________ Title of Authorized Representative

___________________________________________________ Phone

EXHIBIT H CONFLICT OF INTEREST DISCLOSURE STATEMENT

Project Name: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

As the Contractor’s project manager or approved representative, I, hereby certify that: I am familiar with the attached conflict of interest guidance and the conflict of interest laws including, but not limited to, 49 CFR 18.36, 48 Fed Reg. 34263, 40 CFR 1506 and Nebraska Rev. Stat. §§49-1401 to 1444 and 49-1493 to 14,104.

And to the best of my knowledge and belief, of all relevant facts – concerning past present or currently planned interests or activities (financial, contractual, organizational or otherwise that relate to the proposed work and bear on whether I have or my organization has a possible conflict of interest), determined that, for myself, any Owner, partner or employee with my firm or any of my sub-consulting firms providing services for this project, including any family members and personal interests, that for the above referenced project:

No real or potential conflicts of interest exist with respect to (1) be able to render impartial, technically sound, and objective assistance or advice and (2) being given an unfair competitive advantage

Real conflicts of interest or the potential for conflicts of interest exist.

Furthermore, I certify that I have reviewed the proposed scope of work and project area and to the best of my knowledge, determined that, for myself, any Owner, partner or employee, with my firm or any of my sub-consulting firms providing services for this project, including family members and personal interests of the above persons that are no financial or other interests in the outcome of the project, including but not limited to work associated with the Bus Rapid Transit Final Design unless described and noted on the attached.

If a real or potential conflict has been identified, describe on the attached sheet the nature of the conflict, including the information requested on the reverse side of this form for the type of conflict being reported, and provide a detailed description of Contractor’s proposed mitigation measures (if possible). Complete and sign this form and send it, along with all attachments, to Metro.

Furthermore, I certify that for myself, any Owner, partner or employee with my firm or any of my sub-consulting firms providing services for this project, will comply with professional codes of conduct governing participation in the above referenced project and whenever conducting business on behalf of Metro.

I recognize that a conflict of interest disclosure is an ongoing obligation. Should I or my organization become aware of any actual or potential conflicts of interest during the performance of this contract, I or my organization will advise Metro and propose mitigation or explain why none is needed. Conflicts of interest or the failure to disclose conflicts, real or potential, may preclude award of a contract or termination of a contract for cause. Signature: Printed Name: Organization: Title: Date:

EXHIBIT H- (cont.) CONFLICT OF INTEREST DISCLOSURE STATEMENT

Project Name: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

REAL OR POTENTIAL CONFLICT DESCRIPTION:

EXHIBIT H- (cont.) CONFLICT OF INTEREST DISCLOSURE FORM

The following Sections are provided as guidance in determining whether a real or potential Conflict of Interest (COI) exists and in disclosing details concerning potential conflicts of interest.

Section 1 – Contractor Officer or Employee COI

Is there anyone in your firm or business who is either; (1) employed by, on a full or part time basis; or (2) a public official or agent of, the local public agency or partner agencies from whom this Request for Qualifications (IFB) has been received?

If yes, please list below: (1) the name, address and phone number of the person(s); (2) the position held by that person(s) with Contractor; (3) the position held by that person(s); and (4) a detailed description of the duties of that person(s) for the local public agency, including whether that person(s) has any duties concerning the negotiating, approving, accepting or administering of any contract or subcontract for the federal-aid transportation project?

Section 2 – Persons Associated with local public agency, Financial or Personal Interest Conflict of Interest

The potential for conflicts of interest extends to persons associated with a local public agency official, employee or agent. There may be a conflict of interest on a federal-aid project if a person associated with an official, employee or agent has a financial or personal interest in a consulting firm or business providing services for a project. These indirect conflicts of interest can extend to the following persons associated with an LPA official, employee, or agent: (a) Any member of his [or her] immediate family; (b) his [or her] partner; or (c) an organization which employs, or is about to employ, any of the above, when that organization has a financial or other interest in the firm selected for award. Is there anyone with a financial or personal interest in your firm or business who is associated with (as listed in the preceding sentence) and responsible for negotiating, approving, accepting or administering any contract or subcontract on behalf of Metro for this project?

If yes, please below: (1) the name, address and phone number of the person(s); (2) the nature of the financial or personal interest in firm; (3) the person’s relationship to Metro, including the position held by the official, employee or agent of Metro; and (4) a detailed description of the duties of the official, employee or agent of Metro, including whether that person(s) has any duties for the Metro concerning the negotiating, approving, accepting or administering of any contract or subcontract for Metro’s federal-aid transportation project?


Section 3 – Real Estate COI If Contractor (or sub-Contractor) has an interest in real estate located along or near the project that might be acquired, in whole or in part, for this federal-aid transportation project, which interest is either; (1) through anyone in Contractor’s organization, including a member of immediate family or a sub-Contractor, having an ownership interest in; or (2) through a client for whom Contractor has been retained to provide professional services to the owner for that tract of land, then Contractor must disclose such interest and abstain from being involved in any aspect of the right-of-way valuation or acquisition process for the federal-aid transportation project.

If either of these situations exist, please provide below: (1) the name of the Owenr, the address and legal description of the property, and a description of the Contractor’s interest in the property; (2) a map or aerial photo identifying the location of the property; (3) a description of the potential need or use of this property for the federal-aid transportation project; and (4) a declaration by Contractor that it will comply with the third sentence of 23 CFR Section 1.33.

_______

Section 4 – Outcome of Project bias/Objectivity

If Contractor, agent or subcontractor because of other activities, financial interests, relationships, or contracts is unable, or potentially unable, to render impartial assistance or advice to the grantee (including the appearance of inability), then the Contractor must disclose such interest.

If any of these situations exist, please list below the nature of any potential partiality or appearance of any potential bias when Contractor, agent or subcontractor has or at any time during the life of the contract, any pecuniary or other interests in the outcomes of the project not listed above.

Section 5 – Unfair Competitive Advantage

Unfair competitive advantage occurs when one contractor has information not available to other contractors in the normal course of business. For example, an unfair competitive advantage would occur when a contractor developing specifications or work statements has access to information that the grantee has paid the contractor to develop, or information which the grantee has furnished to the contractor for its work, when that information has


not been made available to the public. Another example where an unfair competitive advantage might arise is where a contractor is allowed to write specifications or statements of work around its own or an affiliate’s corporate strengths or products and then compete for a contract based on those specifications. If an individual employee has access to inside information, a possible solution would be to wall off that employee, so he cannot give his employer an unfair competitive advantage. If any of these conditions exist, describe below (1) the nature of the unfair competitive advantage including the type of information involved, (2) its source, and (3) the dates when such information was obtained or generated.

Section 6 – Supplemental

Do you (or your organization or subcontractor(s)) have or have you ever had any contracts, agreements, special clauses or other arrangements which prohibit you from proposing work to be performed in this solicitation or any portion thereof:

To avoid what you perceive as a possible conflict of interest do you or your organization or subcontractors propose to exclude portions of the proposed work; employ special clauses; or take other measures?

Other relevant information pertaining to a conflict of interest or potential for a conflict of interest:

EXHIBIT H- (cont.) CONFLICT OF INTEREST DISCLOSURE

Section 7 – Mitigation Plan

If applicable, please describe any proposed mitigation measures or plan:

Signature:

Printed Name:

Organization:

Title:

Date:

EXHIBIT I BUY AMERICA ACKNOWLEDGEMENT

The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. In accordance with 49 C.F.R. § 661.6, for the procurement of steel, iron or manufactured products, use the certifications below.

Certificate of Compliance with Buy America Requirements

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 C.F.R. part 661. Date: __________________________________________________________

Signature: ______________________________________________________

Company: _______________________________________________________

Name: _________________________________________________________

Title: ___________________________________________________________

Certificate of Non-Compliance with Buy America Requirements

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R. § 661.7.

Signature: Date:

Name:

Company:

Title:

EXHIBIT J DAVIS BACON WAGE ACKNOWLEDGEMENT

Project: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall Date

Project No.: NE-04-0044 Specification No.: Spec. 34-17

I have reviewed the attached Davis-Bacon Preliminary Wage Determination (Attachment 1) in conjunction with

Metro’s procurement of Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall for

which has provided pricing and hereby affirm that

shall conform to and abide by the aforementioned requirements and as set by the

Davis-Bacon Act and any amendments thereto.

See Section 4 for schedule of Davis Bacon Wages by Profession.

Authorized Representative Title Company Name Date

EXHIBIT K REQUIRED DBE PARTICIPATION FORM

All bidders/offerors are required to complete and submit this form with their bid.

The DBE goal for this project is 0.0% of bidder’s total base bid.

The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space):

The bidder / offeror is committed to a minimum of % DBE utilization on this contract.

The bidder/offeror (if unable to meet the DBE goal of 0.0%) is committed to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts.

Name of Letting Agency: Metro

Name of Project: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

METRO Project #: NE-04-0044

METRO Specification #: 34-17

Name of Certified DBE Description of Work or Line Item Number

$ Amount to be Paid DBE

Amount to be Credited Toward Goal

1

2

3

4

5

NOTE: Overhead costs are not eligible for DBE credit. Show only the amount that will actually be paid to the DBE. Only 60% of the amount paid to a DBE supplier, for materials, may be credited toward the goal.

Print Name of Firm

Print Name of Authorized Representative Print Email Address

Print Title of Authorized Representative

Print Street Address/Mailing Address (including City, State & Zip)

Area Code & Telephone Number Area Code & Fax Number

Signature of Authorized Representative

(NOTE: If additional sheets are needed, attach to this sheet. However, show the contract total on this sheet.

EXHIBIT L REQUIRED DBE CONFIRMATION FORM

All bidders/offerors are required to have DBEs complete this form and submit it with their bid.

Base Bid

Name of Letting

Agency: Metro Name of Project: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

METRO Project #: NE-04-0044

METRO Specification #: 34-17

Item Number or Description of Work to be Completed by This DBE:

Dollar Amount to be Completed by This DBE:

Print Name of Firm



Print Street Address/Mailing Address (including City, State & Zip)



EXHIBIT M DOCUMENTATION OF GOOD FAITH EFFORT

The bidder/offeror (if unable to meet the DBE goal of 0.0% of the Base Bid) is committed to a minimum of _______% DBE utilization on this contract and hereby submits the following minimum documentation to demonstrate its good faith efforts.

Name of Letting Agency: METRO Name of Project: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall

METRO Project # : NE-04-0044 METRO Specification #: 34-17

Did Prime-Contractor examine the Nebraska Unified Certification Program DBE Directory? Yes No

Did Prime-Contractor attend the Pre-Bid Conference? Yes No DBE Firm Considered

Name of DBE Firm Area Code & Telephone Number

DBE Firm Contact Person Date Contacted Describe the information provided regarding the plans and specifications for the work selected for subcontracting and evidence

DBE Firm Considered



EXHIBIT M – (CONT.) DOCUMENTATION OF GOOD FAITH EFFORT

DBE Firm Considered



Print Name of Firm



Print Street Address./Mailing Address (including City, State & Zip)



(NOTE: Copy as needed, execute first signature page only).

BIDDERS LIST DATA FORM

Metro is required pursuant to 49 CFR Part 26(c) to create and maintain a comprehensive Bidders List. This Bidders List Data Form will be used to collect bidder information used to determine the relative availability of Disadvantaged Business Enterprise (DBE) and non-DBEs, and will assist with establishing Metro’s annual DBE goal. Metro’s Bidders List is a compilation of bidders, proposers, quoters, subcontractors, and suppliers of materials and services who have submitted bids during the advertising period of a solicitation for services and/or goods. Please print legibly and provide the following information:

PART A: BUSINESS DATA

1. Business Name: _______________________________________________

2. Business Address: _______________________________________________

_______________________________________________

3. Contact Person: ___________________________________________ Title: __________________________________

4. Phone: ( ) _________________________ Fax: ( ) __________________________

5. Email Address: _________________________________

6. Is this business a certified DBE under Nebraska’s Department of Roads Unified Certification Program? ____Yes ____No

7. Age of Business: ______ Years ______ Months

8. Business Annual Gross Receipts:

< $500,000 $500,000 to $1,000,000 $1,000,000 to $2,000,000

$2,000,000 to $5,000,000 >$5,000,000

PART B: PROJECT AND WORK DESCRIPTION

9. Project Name: ____________________________________________________________________________________

10. Provide a brief description of the scope of work, service, and/or materials to be performed or furnished:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

11. Provide the NAICS code(s) that best defines your business: ___________ ___________ ___________ ___________

12. Will the business subcontract any of work, service, and/or materials? _____ Yes* _____ No

(*If Yes, then the subcontractor(s) must also complete an individual Bidders List Data Form.)

PART C: SIGNATURE

The undersigned hereby declares that the information set forth on this form is current, complete and accurate.

Authorized Signature: ______________________________________________ Date: _____________________________

Printed Name: ____________________________________________ Title: _____________________________________

EXHIBIT N

SECTION 3-

SUPPLEMENTAL CONDITIONS

PROJECT: Omaha Metro – Creighton University Multi-Modal Facility - Pedestrian Mall PROJECT #: NE-04-0044, Spec. 34-17

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SUPPLEMENTARY CONDITIONS

TABLE OF CONTENTS

ARTICLE TITLE

1. START DATE

2. CONTRACT TIME AND PHASING

3. LIQUIDATED DAMAGES

4. DEFINITIONS AND MATERIALS REFERENCES

5. CONSTRUCTION SCHEDULE

6. PRE-CONSTRUCTION CONFERENCE

7. HAUL ROADS, ACCESS POINTS, AND STORAGE

8. COSTS OF TESTING

9. PERMITS AND COMPLIANCE WITH LAWS

10. STORMWATER AND GRADING PERMITS

11. FINAL PAYMENT

12. CLEAN UP AND DISPOSAL

13. GUARANTEE

14. INSURANCE

15. SALES TAX

16. DEFAULT

17. CONSTRUCTION REFERENCE STAKING

18. MEASUREMENTS AND PAYMENTS

19. OPERATIONAL SAFETY DURING CONSTRUCTION

20. SHOP DRAWING SUBMITTALS

21. CERTIFICATES AND TESTING

SUPPLEMENTARY CONDITIONS (Special Conditions)

1. START DATE. The Project work shall be commenced within 10 days after the issuance of the Notice to Proceed.

Anticipated start date is July 5, 2018. Notice to Proceed will be given once METRO’s Representative consults with the CONTRACTOR and verifies that he is in compliance with these specifications for submittals of shop drawings, schedule, safety plan, etc.

2. CONTRACT TIME AND PHASING. The Omaha Metro – Creighton University Multi-Modal Facility - Pedestrian Mall

project will be substantially complete by December 22, 2018, with final completion by June 30, 2019.

3. DEFINITIONS AND MATERIALS REFERENCES. All references to “inspection” and “inspector” shall be replaced with “observation” and “observer” respectively. The phrases “Special Provisions” and “Special Conditions” are interchangeable and are considered to be the same document. Reference in these plans and specifications to any material or method of construction by propriety name, make, or catalog number is done to establish a standard of quality and not to limit competition. The CONTRACTOR may, at his option, use any other material, system, or method of construction, which, in the judgment of Metro’s Representative, is equal to that name. Request must be made in writing and to receive consideration for substitution, full information must be furnished to ensure that no redesign of the project will be necessary.

4. CONSTRUCTION SCHEDULE. Prior to the preconstruction conference, the CONTRACTOR shall submit to Metro’s

Representative for approval a complete work schedule, including a list of subCONTRACTORs and the work that they will perform. As a minimum, the schedule shall provide information on the sequence of work activities, milestone dates, and activity duration.

The schedule shall reflect a minimum of interruptions to school activities on the Creighton University campus.

Phase One priority is the completion of the paved surfaces at the intersection nodes at approximately 23rd Street and 22nd Street. This work must be completed by August 10, 2018.

No work to occur during the time period of August 10 to August 24, 2018. The CONTRACTOR will be required to accomplish the work items according to the schedule of construction as submitted to Metro’s Representative.

The CONTRACTOR shall maintain the work schedule and provide an update and analysis of the progress schedule once a month, or as otherwise requested by Metro’s Representative. Submission of the work schedule shall not relieve the CONTRACTOR of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract.

5. PRECONSTRUCTION CONFERENCE. After the Notice to Proceed has been issued and prior to commencement of

any work Metro’s representative will meet with the CONTRACTOR, and the subcontractors (as appropriate) to discuss the work in general. Discussion will include administrative matters, accident prevention, safety precautions, answer any questions of Metro’s Representative or CONTRACTOR, and to resolve any potential problems before the work commences.

6. HAUL ROADS, ACCESS POINTS, AND STORAGE: The CONTRACTOR shall access the project only via the access

points and haul routes shown on the plans, unless otherwise authorized by Metro’s Representative. Haul routes will not be allowed over new pavement. Any haul route over existing pavement shall be protected. Equipment may be parked and material stored only in locations shown on the plans or approved by Metro’s Representative. The exact location of haul routes, parking and storage areas shall be determined by Metro’s Representative prior to the start of construction.

Creighton Specific Work Restrictions

General Conditions

PROJECT: Omaha Metro – Creighton University Multi-Modal Facility PROJECT #: NE-04-0044, Spec. 34-17

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a) The Contractor is advised that the normal workday for Creighton University is 7:00 A.M. to 4:30 P.M., Monday through Friday. The Contractor may work outside of those hours if desired and approved by the Facilities Management Project Coordinator. The Facilities Management Project Coordinator shall arrange access to the work site.

b) The Contractor is advised that the Residence Halls have specific work hours and must be adhered to at all times unless prior approval has been granted by the Project Coordinator. Sunday through Saturday no work may commence either inside or outside of the building prior to 9:00 a.m. and work should be completed and area cleaned by 5:00 p.m.

c) The Contractor shall arrange for keys to access a space through the department of Facilities Management, keys are to be checked in and out daily. No long-term assignment of keys is authorized.

d) The Contractor shall post at the job site all appropriate material safety data sheets to identify products used by the Contractor as part of the job.

e) The Contractor shall have a copy of their company’s safety manual on the job or in the company vehicle at the job site.

f) The Contractor shall not block or alter emergency exits under any circumstances. g) The Contractor shall furnish, erect, and maintain sufficient safety tape and barricades to render the job

site safe. h) The Contractor shall maintain at least one fire extinguisher on the job site. Minimum size is a ten-pound ABC

extinguisher. If Contractor is working in multi-zones within a project, additional extinguishers will be required.

i) The Contractor shall ensure that existing fire detection devices, to include fire sprinklers, are operable throughout all phases of construction.

j) The University will remove or abate any hazardous material noted in the job site, it is the Contractor’s responsibility to notify the University’s Department of Environmental Health and Safety of any suspected materials. The telephone number is (402) 5280.2780.

k) Contractors whose work requires entry into permit required confined spaces (posted in various locations throughout campus) will be required to obtain permits through coordination with Facilities Management main office in person or at 280-2780.

l) The Contractor shall be responsible for all safety infractions committed by his or her employees and/or the employees of all sub-contractors.

m) The Contractor shall provide all mandated Occupational Safety and Health Administration (OSHA) training for their employees and/or the employees of all sub-contractors. This may include but is not limited to: hazardous communication (hazcom), emergency procedures, lock out/ tag out, electrical, confined space, ladder safety and any others specific to construction standards.

n) Arc Flash Requirements: Current OSHA and NFPA 70E guidelines require that all work performed when there is a risk of arc flash be conducted in a manner that will protect the worker from harm. Therefore all work that will be performed on electrical equipment that can cause arc flash will have a plan for avoiding, mitigating or providing protection from arc flash as required in NFPA 70E.

a. Each contractor is responsible for determining if the equipment they will be working on will require any further action regarding Arc flash. Creighton can supply information about the system or allow a representative of the contractor to inspect the equipment to assist in making the required calculations. All personnel protective equipment must be supplied by the contractor. At no time will Creighton provide personal protective equipment to contractors.

o) The Contractor shall advise all employees that the University is a tobacco free campus both inside the buildings and on the grounds, including sidewalks and parking lots owned by the University.

p) Employees of the Contractor and sub-contractors shall not have personal radios or other entertainment that is offensive to others or is a distraction due to volume.

q) The Contractor shall notify Creighton University’s Project Coordinator prior to performing any “hot work.” Hot work is defined as any work where heat application is required beyond normal room temperature. This will include spark, open flame, heat guns (regardless of source of heat), portable heat generating equipment, and/or any process that will cause or produce smoke.

r) Confidentiality


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a. Contractor acknowledges that, in the course of providing services, Contractor may have access to (a) Creighton's business information, including, but not limited to, procedures and programs; (b) student information; (c) patient information. Contractor further acknowledges that such information is proprietary to Creighton and confidential, and Contractor agrees to hold such information in strict confidence and not to use, disclose or make available such information to any third party, except as required by law.

s) The Contractor shall insure that its employees confirm to these project specifications and the Contractor

is reminded that its employees shall be subject to rules and regulations of the University while on University property.

t) The employees of the Contractor and the sub-contractors shall maintain an acceptable appearance at all times. The employee will wear the companies uniform with proper identification at all times, when applicable.

u) The University may request removal of any employee of the Contractor that violates any provision hereof or who is knowingly negligent or discourteous in the performance of their duties.

Temporary Facilities and Controls

a) Contingency Planning – All construction projects will identify at the pre-construction meeting an area for all site personnel to go to in case of severe weather or tornado.

b) The Contractor may use the utilities provided by the University. It is the Contractor’s responsibility to convey the utility.

c) The Contractor is responsible for securing the Contractor’s tools, equipment, and materials on the job site or otherwise on the campus. Theft or damage reports may be filed by the Contractor at the University’s Department of Public Safety, phone: 280-2104.

d) The Contractor shall park its vehicles, the vehicles of its employees, and the vehicles of the sub-contractors in approved parking lots only, parking on sidewalks, malls, and lawns is not acceptable except at the time the Contractor is loading or off-loading supplies or equipment. The Contractor shall coordinate access to restricted parking areas with the Project Coordinator for off-loading purposes.

e) Parking passes for each vehicle can be obtained through the Department of Public Safety. The use of a parking pass shall be in accordance with the parking and traffic rules of the University.

f) All service vehicles used on the University shall bear clear markings identifying it as the Contractor’s vehicle.

California Mall Gate Access a) All contractors must check in with Facilities Management and Public Safety for authorization to enter the

mall. b) Typically, the mall is only to be used for deliveries and pick up as required. c) If access is needed for a longer period of time it must be requested in advance per item one above.

Product Delivery requirements a) The Contractor shall arrange for all goods and materials to be utilized by the Contractor in the project to

be delivered to the project site and received by the Contractor. The University’s Department of Central Receiving, phone 280-2397, is to be notified of anticipated arrivals and given instructions about routing the delivery. The University will not receive freight for the Contractor.

Cleaning a) The Contractor shall remove all debris and demolished material from the job site to an approved landfill.

Use of dumpsters leased by and for Creighton University is not allowed unless otherwise stipulated to the Contractor.

b) The Contractor shall broom clean the work site at the end of each workday and broom clean the job site at the end of the job.


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c) The Contractor shall clean grounds; remove stains, spills, and foreign substances from paved areas and sweep clean. When applicable concrete surfaces requiring pressure washing must be coordinated through the Project Coordinator. Rake clean other exterior surfaces.

d) The Contractor shall allow time for and perform a final clean on the work site prior to final inspection.

Protecting Installed Construction a) The Contractor shall preserve and protect the existing structures and contents. Any damage to the

structures or its contents or the landscape that occurs from or by action of the Contractor, Contractor’s employees and sub-contractors shall be repaired by the Contractor at the Contractor’s expense. The method of repair shall be in full agreement with the University for both methods and results.

ADA Requirements a) All work by all trades involved with the project shall be in compliance with the requirements of the

Americans with Disabilities Act (ADA) Standards for Accessible Design. The contractor shall be aware of the requirements and perform work in accordance with the requirements. The plans and specifications for this project may not include all the design criteria. Omission in design is not constructed as an elimination of the ADA requirements.

The haul routes shall be utilized for all equipment traffic and the equipment shall not be allowed to stray or wander away from the established routes. The haul roads shall be the responsibility of the CONTRACTOR and shall be maintained and kept in good order at all times. Water, when required shall be applied at the locations and in the amounts necessary to minimize dust and dirt. The CONTRACTOR shall repair any damage caused by the movement of equipment on any of the haul roads, whether in designated or undesignated areas.

All areas used for haul routes, access, storage and parking shall be restored to their original condition by the CONTRACTOR, including seeding, at no expense to Metro.

The performance of any work as specified by this provision, including watering, maintenance, and repair of the haul roads, shall not be measured and paid for directly, but shall be considered as necessary and incidental to the work.

7. COSTS OF TESTING. In general, acceptance testing (as defined in the Specifications and exclusive of any retesting)

will be paid for by Metro. Any retesting necessitated by noncompliance with the specification requirements may result in an amount, equal to the cost of retesting, being deducted and retained, from subsequent estimates due the CONTRACTOR, at the discretion of Metro’s Representative. In general, preparation of mix designs and quality control testing will be the responsibility of the CONTRACTOR. See each specific specification for identification of the CONTRACTOR’s testing responsibilities.

8. PERMITS AND COMPLICANCE WITH LAWS. The CONTRACTOR shall procure and pay for all building permits,

licenses and bonds necessary for the prosecution of his work, and/or required by Local, State and Federal regulations and laws, as pertains particularly to permits and transportation of materials and equipment, or other operations which are not specific requirements of these specifications. The CONTRACTOR shall give all notices, pay all fees, and comply with all Federal, State, and Local laws, ordinances, rules, and regulations, and building and construction codes bearing on the conduct of the work.

9. STORM WATER AND GRADING PERMITS. The CONTRACTOR and his Subcontractors shall comply with all terms

and conditions of the storm water permit and grading permits (if required) through the City of Omaha and Nebraska Department of Environmental Quality (NDEQ).

10. FINAL PAYMENT. On satisfactory completion of all items as called for in the contract and in accordance with the

approved plans and specifications, the CONTRACTOR shall furnish to Metro a written clearance from the Nebraska Department of Labor, certifying that all payments then due for contributions or interest on wages paid to


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individuals employed in the performance of this contract have been made by the CONTRACTOR or his Subcontractor to the Unemployment Compensation Fund. Upon receipt of the above clearance, the CONTRACTOR will be eligible to receive final payment for the contract, less previous progress payments.

Minor errors or omissions in the plans, proposal or specifications, shall not relieve the CONTRACTOR from the fulfillment of the general intent of the contract to satisfactorily complete any item or items called for in the plans, specifications and proposal form.

11. CLEAN UP AND DISPOSAL. All waste and removed material produced as a result of the CONTRACTOR’s operations

and not reused in the project shall be cleaned up and disposed of off the property by the CONTRACTOR at no expense to Metro. This includes removal of all erosion control features.

12. GUARANTEE. All work shall be guaranteed by the CONTRACTOR against defects resulting from the use of inferior,

defective materials, equipment or workmanship for one year from the date of final completion of the contract.

13. INSURANCE a. CONTRACTORs Liability Insurance: During the term of this Contract, the CONTRACTOR shall maintain such

insurance as will protect him from claims as set forth below which may arise out of or result from the CONTRACTOR's operations under the Contract, whether such operations be by himself or by a Subcontractor or Sub-Subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be held liable:

(1) for claims arising under any Workmen's Compensation, Employers Liability, or any similar employee benefit acts; (2) for claims because of bodily injury, sickness, disease or death of any person or persons other than his employees, and for claims because of damage to or destruction of property of others resulting therefrom, including loss of use thereof, and for claims arising from products and completed operations, and for claims from personal and advertising injury.

Such insurance shall be written for amounts not less than the following as respects subparagraph (1) above:

(a) Workmen’s Compensation State: “Statutory Applicable Federal: “Statutory” Employer’s Liability: $100,000

and as respects subparagraph (2) above:

(b) Comprehensive General Liability (including but not limited to, Premises Operation; Independent

CONTRACTOR’s Protection; Products and Completed Operations; and Broad Form Property Damage): Bodily Injury: $5,000,000 Each Occurrence $5,000,000 Each Person Property Damage: $5,000,000 Each Occurrence

Products and Completed Operations to be maintained for one year after final payment. (c) Contractual Liability

Bodily Injury: $5,000,000 Each Occurrence $5,000,000 Each Person

Property Damage: $5,000,000 Each Occurrence

(d) Personal Injury, with Fellow Employee Exclusion deleted: $1,000,000 Each Person

(e) Comprehensive Automobile Liability (including hired and non-owned vehicles):


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Bodily Injury: $5,000,000 Each Occurrence $5,000,000 Each Person

Property Damage: $5,000,000 Each Occurrence

The insurance referred to in subparagraph (B) above shall be written under the Commercial General and Comprehensive Automobile Liability policy forms, including coverage for all owned, hired and non-owned automobiles. The CONTRACTOR may at his option provide the limits of liability as set out above by a combination of the above described policy forms and an Umbrella Excess Liability Policy. The liability policy or policies shall, unless otherwise approved by Metro, have any exclusions for punitive and exemplary damages removed. Unless otherwise specifically approved in writing by Metro the policies shall be written on an "occurrence" basis and not on a "claims made" basis.

It is a condition of the Contract that the policy or policies afford coverage for damage to property of others arising out of the perils of Explosion (including blasting), Collapse, and Damage to Underground Facilities, and it is a further condition that the policy or policies afford the same limits of liability as set out above for liability assumed under contract including CONTRACTUAL LIABILITY as set out in Paragraph 6.30, 6.31, 6.32, of the General Conditions "INDEMNIFICATION". It is a condition of the Contract that the policy or policies afford BROAD FORM PROPERTY DAMAGE LIABILITY COVERAGE for damage to property of others in the care, custody, or control of the insured, or as to which the insured is for any purpose exercising physical control. All responsibility for payment of any sums resulting from any deductible provisions corridor, or self-insured retention conditions of the policy or policies shall remain with the CONTRACTOR.

Approval of the insurance by Metro shall not in any way relieve or decrease the liability of the CONTRACTOR hereunder, and it is expressly understood that Metro’s Representative do not in any way represent that the above specified insurance or limits of liability are sufficient or adequate to protect the CONTRACTOR's interests or liabilities.

Evidence of the above required insurance shall be furnished on an Insurance Certificate Form acceptable to Metro with a copy of "Supplement to Certificate of Insurance", Form 1189, (as bound herein) unless further verification of insurance such as certified copies of the policies are requested by Metro, in which case the CONTRACTOR shall furnish such verification. If there are special limitations on the Insurance Policy, then a copy of the policy exclusions must be submitted with the Insurance Certificate. Proof of insurance shall be submitted directly to Metro for review and approval with record copy only to Metro’s Representative for his files. The CONTRACTOR shall not begin any work until Metro has reviewed and approved the Insurance Certificates and has so notified the CONTRACTOR directly in writing. Any Notice to Proceed issued shall be subject to such approval by Metro.

The policy or policies listed herein shall be endorsed to provide that thirty (30) days prior notice by Registered Mail from the insurance company(ies) shall be given to Metro and Metro’s Representative in the event of cancellation, non-renewal, reduction of limits or deletion of coverage of the policy(ies) by the insurer and that immediate notice to the same parties by Registered Mail shall be given in the event of cancellation, non-renewal, reduction of limits or deletion of coverage of the policies by the insured.

The CONTRACTOR shall have the policy or policies specified herein endorsed to name Metro and Metro’S REPRESENTATIVE as Additional Insured as respect to this project only.

b. Property Insurance: All responsibility for maintenance of property insurance on the work (including but not limited to Builders Risk, Installation Floater, and Building Ordinance Coverage) remains solely with the CONTRACTOR who may at his option insure against any or all perils, and such responsibility shall remain with the CONTRACTOR until such time as the work is complete and accepted in writing by Metro. It is a condition of the Contract that Metro and Metro’s Representative and all CONTRACTORs, Subcontractors and


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Sub-Subcontractors waive all rights of recovery against each other for damages caused by fire or other perils to the extent covered by any valid and collectible insurance, and further, that any policy not including the standard waiver of subrogation clause be so endorsed as to comply with this paragraph. In the event of Metro'S occupancy of any of the project as permitted under Article titled "Right of Occupancy" or other provisions of the Contract Documents, the CONTRACTOR shall have the Builders Risk policy on the project endorsed permitting such occupancy and such endorsement shall not be unreasonably withheld.

14. SALES TAX. Bidders shall NOT include sales tax in their bids. This project is exempt from sales tax and Metro will

furnish the CONTRACTOR a “Purchaser Agent Appointment” Form 17 for use in purchasing materials.

15. DEFAULT. If for any reason a contract is declared in default, the CONTRACTOR shall peaceably relinquish possession of said work or the parts thereof specified in the notice of default. Neither Metro nor any member or employee thereof shall be in any way liable or accountable to the CONTRACTOR or his surety for the method by which the completion of the said work, or any portion thereof, may be accomplished or for the price paid therefore.

16. CONSTRUCTION REFERENCE STAKING. For this project Metro will furnish a minimum of initial control stakes and bench marks for the improvements. CONTRACTOR shall protect all control staking and shall pay the cost of replacing all stakes or grade information lost due to vandalism or otherwise. Said construction reference staking shall be furnished, one time only, by Metro. CONTRACTOR is responsible for all construction staking other than the control stakes furnished by Metro.

Any costs incurred by Metro due to a CONTRACTOR requesting additional surveying may be deducted from the CONTRACTORS’ Progress Estimates at the discretion of Metro’s Representative.

17. MEASUREMENTS AND PAYMENTS. Specifications that provide for separate direct payment for items except those

listed in the proposal are void.

Items that are to be removed and not reused in the work or not designated to be furnished to Metro are to become the property of the CONTRACTOR unless otherwise specified. Any salvage value the items may have shall be reflected in the bid prices.

Items that do not have a specific specification section but are rather detailed on the drawings require a method of measurement and basis of payment are the following:

Omaha Metro – Creighton University Multi-Modal Facility

Item 1 - Mobilization- Mobilization shall be measured as a lump sum and paid for at the contract unit price. Mobilization will include bond costs, insurance costs, sanitary facilities, and other incidentals for the complete construction of the project. Item 2 - Staking/Surveying – Staking/surveying shall be measured as a lump sum and paid for at the contract unit price. Staking/surveying shall include all tasks related to staking, marking, additional surveying and other incidentals necessary to lay out the design as shown in the contract drawings. Item 3 - Select Demolition - Paving – Select Demolition shall be measured per square foot of pavement removed and paid for at the contract unit price. Select Demolition shall include all tasks related to saw cut, removals, disposal and other incidentals necessary for the complete construction of the project. Item 4 - Select Demolition – Site Elements – Select Demolition – Site Elements shall be measured as a lump sum and paid for at the contract unit price. Select Demolition – Site Elements shall include all tasks related to the


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removals of existing columns, light poles, trees, site features indicated on the demo plan, and other incidentals necessary for the complete construction of the project. Item 5 - Earth Moving - Excavation – Earth Moving - Excavation shall be measured per Cubic Yard of earth moved and paid for at the contract unit price. Earth Moving - Excavation shall include all tasks related to Excavation, storage of spoil material, disposal of unusable material, and other incidentals necessary for the complete construction of the project. Item 6 - Earth Moving - Embankment – Earth Moving – Embankment shall be measured per Cubic Yard of earth moved and paid for at the contract unit price. Earth Moving – Embankment shall include all tasks related to the placement of fill, compaction, subgrade preparation and other incidentals necessary for the complete construction of the project. Item 7 - Earth Moving – Contractor Furnished Borrow – Earth Moving – Contractor Furnished Borrow shall be measured per Cubic Yard of earth moved and paid for at the contract unit price. Earth Moving – Contractor Furnished Borrow shall include all tasks related to the importation of suitable borrow and other incidentals necessary for the complete construction of the project. Item 8 - Erosion Control- Erosion Control shall be measured as a lump sum and paid for at the contract unit price. Erosion Control will include silt fencing, waddles, other site stabilization methods, and other incidentals for the complete construction of the project. Item 9 - Tree Protection – Tree Protection shall be measured per Lump Sum and paid for at the contract unit price. Tree Protection shall include all tasks related to the installation of construction fencing, tree management, and other incidentals necessary for the complete construction of the project. Item 10 - Planting Bed Prep – Planting Bed Prep shall be measured per square foot of planting bed prepared and paid for at the contract unit price. Planting Bed Prep shall include all tasks related to excavation, amendment, importation and installation of topsoil, and other incidentals necessary for the complete construction of the project. Item 11 - Sodding – Sodding shall be measured per square yard and paid for at the contract unit price. Removals shall include all tasks related to preparation and installation of turf sodding, and other incidentals necessary for the complete construction of the project. Item 12 - Irrigation – Irrigation shall be measured as a lump sum and paid for at the contract unit price. Irrigation shall include all tasks related to the installation of new irrigation systems, retrofit of existing irrigation and other incidentals necessary for the complete construction of the project. Item 13 - 8” Concrete Pavement – 8” Concrete Pavement shall be measured square foot and paid for at the contract unit price. 8” Concrete Pavement shall include all tasks related to subgrade preparation, reinforcement, formwork, installation of 8” Thick concrete pavement, and other incidentals necessary for the complete construction of the project. Item 14 - 4” Concrete Pavement with Brick Band– 4” Concrete Pavement with Brick Band shall be measured square foot and paid for at the contract unit price. 4” Concrete Pavement with Brick Band shall include all tasks related to subgrade preparation, formwork, reinforcement, installation of 4” Thick concrete pavement, brick banding and other incidentals necessary for the complete construction of the project. Item 15 - 4” Concrete Pavement – 4” Concrete Pavement shall be measured square foot and paid for at the contract unit price. 4” Concrete Pavement shall include all tasks related to subgrade preparation, reinforcement,


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formwork, installation of 4” Thick concrete pavement, and other incidentals necessary for the complete construction of the project. Item 16 - Brick Pavers with 4” Concrete Subslab – Brick Pavers with 4” Concrete Subslab shall be measured square foot and paid for at the contract unit price. Brick Pavers with 4” Concrete Subslab shall include all tasks related to subgrade preparation, reinforcement, installation of concrete subslab, brick installation with jointing, and other incidentals necessary for the complete construction of the project. Item 17 - Segmental Block Retaining Wall – Segmental Block Retaining Wall shall be measured per square face foot and paid for at the contract unit price. Segmental Block Retaining Wall shall include all tasks related to subgrade and base preparation, installation of block retaining wall, and other incidentals necessary for the complete construction of the project. Item 18 - CIP Concrete Column (round) - CIP Concrete Column (round) shall be measured per each and paid for at the contract unit price. CIP Concrete Column (round) shall include all tasks related to subgrade preparation, reinforcement, formwork, installation of concrete, precast cap reclaimed brick insets, coloring, finishes, and other incidentals necessary for the complete construction of the project. Item 19 - CIP Concrete Column (square) - CIP Concrete Column (square) shall be measured per each and paid for at the contract unit price. CIP Concrete Column (square) shall include all tasks related to subgrade preparation, reinforcement, formwork, installation of concrete, precast cap, reclaimed brick insets, coloring, finishes, and other incidentals necessary for the complete construction of the project. Item 20 - CIP Concrete Steps - CIP Concrete Steps hall be measured per cubic yard and paid for at the contract unit price. CIP Concrete Steps shall include all tasks related to subgrade preparation, reinforcement, formwork, installation of concrete, coloring, finishes, and other incidentals necessary for the complete construction of the project. Item 21 - Metal Handrails – Metal Handrails shall be measured per Lineal Foot and paid for at the contract unit price. Metal Handrails shall include all tasks related to the installation of handrails including core drilling, jointing, painting/finishes, and other incidentals necessary for the complete construction of the project. Item 22 - CIP Concrete Seat Wall – CIP Concrete Seat Wall shall be measured per lineal foot and paid for at the contract unit price. CIP Concrete Seat Wall shall include all tasks related to subgrade preparation, reinforcement, formwork, installation of concrete, precast cap, decorative tooling, recessed wall lighting, coloring, finishes, and other incidentals necessary for the complete construction of the project. Item 23 - CIP Concrete Ribbon Curb - CIP Concrete ribbon Curb hall be measured per Lineal Foot and paid for at the contract unit price. CIP Concrete Ribbon Curb shall include all tasks related to subgrade preparation, reinforcement, formwork, installation of concrete, coloring, finishes, and other incidentals necessary for the complete construction of the project. Item 24 - Steel Edging – Steel Edging shall be measured per Lineal Foot and paid for at the contract unit price. Steel shall include all tasks related to preparation, staking, installation, components, and other incidentals necessary for the complete construction of the project. Item 25 - Trash Receptacle - Trash Receptacle shall be measured per Each and paid for at the contract unit price. Trash Receptacle shall include all tasks related to installation of Trash Receptacles and other incidentals necessary for the complete construction of the project.


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Item 26 - Bench – Bench shall be measured per Each and paid for at the contract unit price. Bench shall include all tasks related to installation of benches and other incidentals necessary for the complete construction of the project. Item 27 - Pedestrian Light w/ Banner Arm – Pedestrian Lights shall be measured per Each and paid for at the contract unit price. Pedestrian Lilghts shall include all tasks related to installation of footings, connections, wiring, banner arms, convenience outlets, controllers, and other incidentals necessary for the complete construction of the project. Item 28 - Remove Storm Sewer Inlet / Manhole: Where indicated on the PLANS, the CONTRACTOR shall remove and legally dispose of existing storm sewer inlets and/or manholes in accordance with Section 103 of the PROJECT SPECIFICATIONS. The removal of storm sewer inlets and/or manholes shall be measured per each and shall be paid for at the contract unit price for “Remove Storm Sewer Inlet/Manhole.” Payment shall be considered full compensation for the removal of the existing structure, backfilling, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 29 - CIP Concrete Pipe Plug: Where indicated on the PLANS, the CONTRACTOR shall construct a pipe plug in place to cap an existing storm sewer, sanitary sewer, or other utility line as directed. This work shall be accomplished in accordance with Sections 103 and 104 of the PROJECT SPECIFICATIONS. The construction of a cast in place pipe plug shall be paid for at the contract unit price for “Construct Cast-in-Place Pipe Plug.” Payment shall be considered full compensation for the construction of the plug, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 30 - Adjust Area Inlet to Grade: Where shown in the PLANS, existing Area Inlets shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Area Inlet adjusted and shall be paid for at the contract unit price for “Adjust Area Inlet to Grade”. Payment shall be considered full compensation for the Area Inlet adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 31 - Adjust Sanitary Sewer Manhole to Grade: Where shown in the PLANS, existing Sanitary Sewer Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Sanitary Sewer Manhole adjusted and shall be paid for at the contract unit price for “Adjust Sanitary Sewer Manhole to Grade”. Payment shall be considered full compensation for the Sanitary Sewer Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 32 - Adjust Storm Sewer Manhole to Grade: Where shown in the PLANS, existing Storm Sewer Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Storm Sewer Manhole adjusted and shall be paid for at the contract unit price for “Adjust Storm Sewer Manhole to Grade”. Payment shall be considered full compensation for the Storm Sewer Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 33 - Adjust Telephone Manhole to Grade: Where shown in the PLANS, existing Telephone Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Telephone Manhole adjusted and shall be paid for at the contract unit price for “Adjust Telephone Manhole to Grade”. Payment shall be considered full compensation for the Telephone Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 34 - Adjust Gas Valve to Grade: Where shown in the PLANS, existing Gas Valves shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This


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work shall be measured per each Gas Valve adjusted and shall be paid for at the contract unit price for “Adjust Gas Valve to Grade”. Payment shall be considered full compensation for the Gas Valve adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 35 - Adjust Electrical Manhole to Grade: Where shown in the PLANS, existing Electrical Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Electrical Manhole adjusted and shall be paid for at the contract unit price for “Adjust Electrical Manhole to Grade”. Payment shall be considered full compensation for the Electrical Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 36 - Adjust Water Valve to Grade: Where shown in the PLANS, existing Water Valves shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Water Valve adjusted and shall be paid for at the contract unit price for “Adjust Water Valve to Grade”. Payment shall be considered full compensation for the Water Valve adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 37 - Adjust Water Manhole to Grade: Where shown in the PLANS, existing Water Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Water Manhole adjusted and shall be paid for at the contract unit price for “Adjust Water Manhole to Grade”. Payment shall be considered full compensation for the Water Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 38 - Convert Grate Inlet/Drainage Inlet to Manhole: Where shown in the PLANS, existing Grate inlets or drainage inlets shall be converted to manholes and adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Grate Inlet/Drainage Inlet converted and adjusted and shall be paid for at the contract unit price for “Convert Grate Inlet/Drainage Inlet to Manhole”. Payment shall be considered full compensation for converting the existing Grate Inlet/Drainage Inlet and its adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 39 - Convert Curb Inlet to Manhole: Where shown in the PLANS, existing Curb Inlets shall be converted to manholes and adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Curb Inlet converted and adjusted and shall be paid for at the contract unit price for “Convert Curb Inlet to Manhole”. Payment shall be considered full compensation for converting the existing Curb Inlet and its adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work. Items 41 and 43 - Relocate Gas Valve and Gas Line Relocation: The existing Gas Service system shall be protected in place unless the contractor finds that the existing gas service lines need to be rerouted in order to construct the planned improvements. The CONTRACTOR shall notify the ENGINEER immediately if an unavoidable conflict with the existing system exists. If necessary, the C ONTRACTOR shall coordinate with M.U.D. for design and installation to provide gas service from existing mains and/or service lines to the buildings. Installation procedures shall conform to the PROJECT SPECIFICATIONS and any applicable local, state, or federal requirements. Gas pipe type and size will be determined by M.U.D. If necessary, coordination and installation of gas service lines and valves shall be paid for at the contract unit price per linear foot for “Gas Line Relocation” and per each for “Relocate Gas Valve”. Payment shall be considered full compensation for the Gas Line Relocation or Gas Valve Relocation, and all labor, equipment, materials, and incidentals necessary to complete the work. No separate payment will be made for horizontal or vertical bends, bends will be considered incidental.


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Items 40 and 42 - Relocate Water Valve and Water Main Relocation: The existing Water Service system shall be protected in place unless the contractor finds that the existing water service lines need to be rerouted in order to construct the planned improvements. The CONTRACTOR shall notify the ENGINEER immediately if an unavoidable conflict with the existing system exists. If necessary, the CONTRACTOR shall coordinate with M.U.D. for design and installation to provide water service from existing mains and/or service lines to the buildings. Installation procedures shall conform to the PROJECT SPECIFICATIONS and any applicable local, state, or federal requirements. Water pipe type and size will be determined by M.U.D. If necessary, coordination and installation of water service lines and valves shall be paid for at the contract unit price per linear foot for “Water Line Relocation” and per each for “Relocate Water Valve”. Payment shall be considered full compensation for the Water Line Relocation or Water Valve Relocation, and all labor, equipment, materials, and incidentals necessary to complete the work. No separate payment will be made for horizontal or vertical bends, bends will be considered incidental.

Items 44, 45 and 46 - Construct PVC Storm Sewer Pipe (4”, 8” and 10”): Storm sewer pipe used on this project shall conform to the requirements of ASTM F794. The type of pipe shall be solid wall P.V.C. as shown on the PLANS. All pipe shall be installed in accordance with the PROJECT SPECIFICATIONS. The length of pipe, including all crushed rock bedding and backfill, shall be measured in linear feet of pipe in place, completed, and approved. It shall be measured along the centerline of the pipe from end of pipe or center of structure to the end of pipe or center of structure, whichever is applicable. The several types and sizes of pipe shall be measured separately. All fittings, wyes, and vertical/horizontal bends shall be included in the footage as typical pipe sections in the pipe being measured and will be considered incidental to the construction of the pipe. Payment will be made and the contract unit price per linear foot for each pipe of the type and size designated. These prices shall be considered full compensation for furnishing all materials, any dewatering necessary, for all pipe bedding, and for all labor, equipment, tools, and incidentals necessary to complete the item. Item 47 - Construct 8” Trench Drain: Trench Drains shall be constructed in accordance with the details in the PLANS and in the locations as shown in the PLANS. This work shall be measured per linear foot and shall be paid for at the contract unit price for “Construct 8” Trench Drain.” Payment shall be considered full compensation for the excavation, construction of trench drain channel with outlet pipe connections, installation of the frame and grate, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 48 - Tap PVC Pipe in to Existing Inlet/Manhole: Taps shall be made in accordance with City of Omaha Standard Plate No. 700-23. Locations of taps shown on the PLANS may be varied to avoid conflicts as long as the specified minimum PVC pipe slope is maintained. No distinction for sizes of pipe shall be made. This work shall be measured per each and shall be paid for at the contract unit price for “Tap PVC Pipe into Existing Inlet/Manhole.” Payment shall be considered full compensation for the excavation, construction of tap, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 49 - Connect PVC Pipe to French Drain: PVC pipe connections to French Drains shall be constructed in accordance with the PLANS and in the locations as shown in the PLANS. This work shall be measured per each and shall be paid for at the contract unit price for “Connect PVC Pipe to French Drain.” Payment shall be considered full compensation for the excavation, construction of pipe connections, and all labor, equipment, materials, and incidentals necessary to complete the work. Item 50 - Construct 18”x18” Catch Basin: Catch basins shall be constructed in accordance with the PROJECT SPECIFICATIONS and per the PLANS. Catch basins shall consist of an 18” x 18” catch basin, 18” x 18” catch basin riser (if required), and appropriate grate. For catch basins used in landscaping areas the grate shall be 18” square catch basin grate atrium grate (black in color). For catch basins used in pavement the grate shall be 18” square catch basin grate (galvanized steel). All catch basin materials are as manufactured by NDS or approved equal.


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18. OPERATIONAL SAFETY DURING CONSTRUCTION. The CONTRACTOR shall submit a Safety Plan for each sequence of work for approval by Metro and Metro’s Representative to assure compliance with the safety provisions.

The CONTRACTOR’s plan should include, but not be limited to, a plan sheet(s) showing work area limits, access points, haul routes, equipment and material storage area(s), employee parking area(s), barricades, and sign locations.

The CONTRACTOR shall be responsible for all signing, barricades, and safety requirements as set forth by these specifications and those of the Williams Staggers Occupational Safety and Health Act. The CONTRACTOR is responsible for its own safety and any review of its safety plan by Metro’s Representative does not change this responsibility.

The CONTRACTOR shall implement all necessary safety plan measures prior to commencement of any work activity. The CONTRACTOR shall conduct routine checks of the safety plan measures to assure compliance with the safety plan measures.

The CONTRACTOR is responsible to Metro for the conduct of all Subcontractors it employs on the project. The CONTRACTOR shall assure that all Subcontractors are made aware of the requirements of the safety plan and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved safety plan unless approved in writing by Metro or Metro’s Representative.

19. SHOP DRAWING SUBMITTALS. The CONTRACTOR shall submit shop drawings for the following

items prior to installation/construction of each item.

Site Work- 1. Precast Concrete Caps for CIP Concrete Walls. 2. Precast Concrete Caps for Concrete Columns 3. Layout of CIP Concrete Walls and Concrete Columns 4. Metal Handrails 5. Trench Drain layout and elevations 6. Concrete Segmental Retaining Wall: Retaining Wall design, wall elevations, reinforcement layout,

drainage.

Structural- 1. Steel Rebar Reinforcing for Cast in Place Concrete (Pavement, CIP Concrete Walls, CIP Concrete Steps,

and Concrete Columns)

20. CERTIFICATES AND TESTING. The CONTRACTOR shall submit certificates and test results for the

following items: Certificates-

1. Precast Concrete Caps; Cementitious materials & Admixtures 2. Cast in Place Concrete: Cementitious Materials, Admixtures, form materials, steel reinforcement, Curing

compounds, Bonding Agents, Adhesives, Vapor retarders, joint fillers, and repair materials. 3. Metal Handrails – SBD Certification for steel


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Testing-

1. Precast Concrete Caps; For each precast concrete mixture. Include compressive strength and water-absorption tests.

2. Precast Concrete Caps; material Test report for Aggregates 3. Earth Moving: Classification and compaction curve for on-site and borrow soil proposed for fill and

backfill.

END OF SECTION 3 – SUPPLEMENTAL CONDITIONS

SECTION 4-

WAGE RATES (Davis-Bacon)


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SCHEDULE OF DAVIS-BACON WAGE RATES General Decision Number: NE180057 04/06/2018 NE57 Superseded General Decision Number: NE20170057 State: Nebraska Construction Type: Building BUILDING CONSTRUCTION INCLUDING WORK ON INDUSTRIAL SITES County: Douglas County in Nebraska. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 02/02/2018 2 04/06/2018 BRNE0001-001 05/31/2017 Rates Fringes BRICKLAYER.......................$ 28.18 15.60 ---------------------------------------------------------------- CARP0427-001 06/01/2017 Rates Fringes CARPENTER (Including Acoustical Ceiling Installation)....................$ 25.91 13.15 ---------------------------------------------------------------- CARP0427-004 06/01/2017 Rates Fringes CARPENTER (Drywall Hanging, Finishing/Taping Only)...........$ 25.91 13.15 ---------------------------------------------------------------- ELEC0022-001 06/01/2017 Rates Fringes ELECTRICIAN......................$ 35.00 15.19 ---------------------------------------------------------------- ELEV0028-001 01/01/2018 Rates Fringes ELEVATOR MECHANIC................$ 43.10 32.645+a+b


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FOOTNOTE: a. Vacation Pay: 8% for persons with 5 or more years of service, 6% for persons with less than 5 years of service. b. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0571-004 10/01/2013 Rates Fringes OPERATOR: Crane.................$ 27.08 10.69 OPERATOR: Forklift..............$ 21.70 10.69 ---------------------------------------------------------------- * IRON0021-002 06/01/2017 Rates Fringes IRONWORKER, STRUCTURAL...........$ 29.09 15.52 ---------------------------------------------------------------- LABO1140-003 06/01/2017 Rates Fringes LABORER (Mason Tender, Brick & Hod)...........................$ 21.69 9.40 ---------------------------------------------------------------- PLUM0016-003 05/07/2017 Rates Fringes PLUMBER (Excluding HVAC Pipe Installation)....................$ 33.85 13.31 ---------------------------------------------------------------- PLUM0464-006 05/29/2016 Rates Fringes PIPEFITTER (Includes HVAC Pipe Installation and Excludes HVAC System Installation)....................$ 35.04 16.44 ---------------------------------------------------------------- SFNE0669-001 04/01/2017 Rates Fringes SPRINKLER FITTER (Fire Sprinklers)......................$ 34.75 15.84 ---------------------------------------------------------------- SHEE0003-001 07/01/2015 Rates Fringes SHEET METAL WORKER (Including HVAC Duct & System Installation)....................$ 32.89 14.93 ---------------------------------------------------------------- SUNE2011-031 10/27/2011 Rates Fringes CAULKER..........................$ 17.13 0.00 CEMENT MASON/CONCRETE FINISHER...$ 18.44 4.08 ELECTRICIAN (Low Voltage Wiring)..........................$ 21.54 5.99 FORM WORKER......................$ 19.07 3.84 GLAZIER..........................$ 17.67 1.71 LABORER: Common or General......$ 15.47 5.34


3

OPERATOR: Backhoe/Excavator/Trackhoe.......$ 22.55 5.72 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 23.11 0.91 OPERATOR: Loader................$ 20.76 4.64 PAINTER: Brush, Roller and Spray............................$ 14.26 0.00 ROOFER...........................$ 13.57 0.77 TRUCK DRIVER, Includes Dump and Tandem Truck.................$ 14.77 1.41 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number


4

where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial


5

contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

SECTION 5-

SAMPLE FORMS

REQUEST FOR CLARIFICATION/SUBSTITUTION

Project Name: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall Date: ___________________ Company Name: ______________________________ Page No: _____________ Document Reference (check one): General Requirements: ___ Specifications: _____ Section Number:____________________ Section Title:_________________________________________________________________ Construction Drawings: _____ Sheet Number and Name: ______________________________________________________

BIDDER’S REQUEST:

METRO RESPONSE:

Approved ___________________________________ Denied __________________

Metro Comments:

__________________________________________ ____________________ Metro Authorized Signature Date of Response Grant Administrator Metro Transit, 2222 Cuming Street, Omaha, NE 68102 [email protected]

mailto:[email protected]

PERFORMANCE BOND

KNOWN BY ALL THESE MEN PRESENTS: that______________________________________________________, as Principal, hereinafter called Contractor, and ________________________________________________as Surety, hereinafter called Surety, are held and firmly bound unto The Transit Authority of the City of Omaha d/b/a Metro, 2222 Cuming Street, Omaha, NE 68102, as Obligee, hereinafter called Metro, in the amount of _________________________________________________________________________ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated____________________, entered into a contract with Metro for the Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall, NE-04-0044, Spec. 34-17, Omaha, Nebraska in accordance with Drawings and Specifications prepared by Metro’s Representative which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by Metro. Whenever Contractor shall be, and declared by Metro to be in default under the Contract, Metro having performed Metro's obligations thereunder, the Surety may promptly remedy the default, or shall promptly

1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or if Metro elects, upon determination by Metro and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Metro, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged 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 hereunder, 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 Metro to Contractor under the Contract and any amendments thereto, less the amount properly paid by Metro to Contractor.

Any suit under this bond must be instituted before the expiration of five (5) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than Metro named herein or the heirs, executors, administrators or successors of Metro.

Principal: (Seal) Surety: (Seal) Title: Title: Agent of Record: _________ Address of Agent of Record: Address of Surety Company: ____________________________________ _ ____________________________________________ ____________________________________ __________ ____________________________________________

Phone Number: _______________________ Phone Number: _______________________________

LABOR AND MATERIAL PAYMENT BOND

(This Bond is issued simultaneously with Performance Bond in favor of Metro conditioned on the full and faithful performance of the Contract.)

KNOW ALL MEN BY THESE PRESENTS: that _______________________________________________ as Principal, hereinafter called Contractor, and _____________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto The Transit Authority of the City of Omaha d/b/a Metro, 2222 Cuming Street, Omaha, NE 68102, hereinafter called Metro, for the use and benefits of claimants as herein below defined, in the amount of ______________________________________________________________________, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated_________________________, entered into a contract with Metro for the Omaha Metro – Creighton University Multi-Modal Facility, NE-04-0044, Spec. 34-17 Omaha, Nebraska in accordance with Drawings and Specifications prepared by Metro’s Representative, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor 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 the Contract, 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 Contractor or with a Subcontractor of the

Contractor for labor, material, or both, 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 or equipment directly applicable to the Contract.

2. The above named Contractor and Surety hereby jointly and severally agree with Metro that every claimant as

herein defined, who has not been paid in full before the 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 claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. Metro 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 Contractor, shall have given written notice to any two of the following: The Contractor, Metro, or the Surety above named, within one hundred eighty (180) days after such claimant did or performed the last of the 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 shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Metro or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, 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 Contractor ceased Work on said Contract,

it being understood, however, that if any limitation embodied in this bond is prohibited 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 States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.

4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith

hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond.

THE GENERALITY OF OTHER SECTIONS of this Bond shall not in any way be limited by the following: It is expressly understood and agreed that this Bond is given to secure and does secure payment by the said bounden Contractor of all just claims for material, supplies, tools, fuel, lubricants, equipment, equipment rental, machinery, insurance premiums, and services used or consumed in the construction of the work by him or any of his subcontractors and for the payment to the Unemployment Compensation Fund of the State of Nebraska the unemployment contributions and interest due under the provisions of Nebraska Law on wages paid to individuals employed in the performance of this contract, and for all other just claims filed against the Contractor or any of his subcontractors in carrying out the provisions of this contract. Contractor:___________________________ (Seal) Title:________________________________ Surety:______________________________ (Seal) Title:________________________________ Agent of Record: _____________________________________________________ Address of Agent of Record: Address of Surety Company: ____________________________________ _ ____________________________________________ ____________________________________ __________ ____________________________________________ Phone Number: _______________________ Phone Number: _______________________________

CERTIFICATE AS TO CORPORATE CONTRACTOR

I, __________________, certify that I am the (Assistant) Secretary of the corporation named as Contractor in the within bond; that ______________________, who signed the said bond on behalf of the Contractor was then _________________________ of said corporation; that I know his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. (Corporate Seal) ____________________________________________________________

(Signature of Corporate Secretary or Assistant Secretary) ACKNOWLEDGMENT OF CONTRACTOR (If not a Corporation) STATE OF ) County of ):ss On this __________ day of ____________________ in the year 20___, before me personally appeared ______________________________________, known to me to be the person who is described in, and who executed the within instrument, and acknowledged to me that he/she or they executed the same.

_________________________________________ My Commission Expires: (Signature of Notary Public) Seal:_____________________ ACKNOWLEDGMENT OF SURETY STATE OF ) County of ):ss

On this __________ day of ____________________ in the year 20___, before me, a Notary Public, personally appeared ______________________________________, known to me to be the ____________________________________________ of the corporation that is described in and that executed the within instrument, and acknowledged to me that such corporation executed the same, that he/she is _________________________ of the corporation described in and which executed the foregoing instrument; that he/she knew the seal of the corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his name thereto by like order.

_________________________________________ My Commission Expires: (Signature of Notary Public) Seal:_____________________ POWER OF ATTORNEY TO BE ATTACHED

SUPPLEMENT TO CERTIFICATE OF INSURANCE (Liability Policies)

Standard Form No. 1198 This is to certify that the endorsements described below have been issued by the named insurance companies. This supplement does not extend coverage shown on any attached endorsements. PROJECT: Omaha Metro – Creighton University Multi-Modal Facility – Pedestrian Mall, NE-04-0044, Spec.

34-17

METRO: The Transit Authority of the City of Omaha, d/b/a Metro, 2222 Cuming Street, Omaha, Ne 68102

ENGINEER: SRF CONSULTING GROUP, INC.

NAMED INSURED - CONTRACTOR: COMMERCIAL GENERAL LIABILITY INSURANCE Insuring Company: Address: Policy No.: Inception Date: Expiration Date: UMBRELLA EXCESS LIABILITY Insuring Company: Address: Policy No.: Inception Date: Expiration Date: AUTOMOBILE LIABILITY INSURANCE Insuring Company: Address: Policy No.: Inception Date: Expiration Date: The policy or policies have been endorsed to name Metro and Engineer as Additional Insured as respects to above named project only and as regards Contractors work only.

Yes No Endorsement [ is ] [ is not ] attached. The policy or policies listed herein have been endorsed to provide that thirty (30) days prior notice by Registered Mail from the insuring Company (ies) shall be given to Metro and Engineer named in this certificate (and to ) in the event of cancellation, non-renewal, reduction of limits or deletion of coverage of the policy (ies) by the insurer and that immediate notice to the same parties by Registered Mail shall be given in the event of cancellation, non-renewal, reduction of limits or deletion of coverage of the policies by the insured.

Yes No Endorsement [ is ] [ is not ] attached.

Are any of the above liability policies “claims made” type policies? Yes No

If yes, list policy Nos.

(1) Operations of Contractor ............................................................................

(2) Operations of Sub-Contractor (Contingent) ...............................................

(3) Elevators, if any ...........................................................................................

(4) Contractual Liability to include coverage for “Hold Harmless Agreement” if such agreement is contained in the contract documents or a sub-contract (in addition to coverage afforded for “incidental contract” as defined in policy) .....................................................................................................................

Yes No

PROPERTY DAMAGE INCLUDES: (mark appropriate box)

(1) Coverage for damage due to blasting ..........................................................

(2) Coverage for damage due to collapse ..........................................................

(3) Coverage for damage to underground facilities ..........................................

(4) Broad Form Property Damage.....................................................................

Yes No

Special limitations or conditions as respects entire policy:

(IF ENTRY IS MADE ON ABOVE 3 LINES, ATTACH A COPY OF POLICY EXCLUSIONS TO CERTIFICATE) Dated at on , by: Insuring Company (ies) *Signature of Authorized Agent(s) Printed Name of Agent(s)

Telephone No. Of Agency: Name and Address of Agency:

Area Code:

SECTION 6-

GENERAL CONDITIONS

EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page i

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT


and American Society of Civil Engineers. All rights reserved. Page ii

Copyright © 2013:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882

www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723

www.asce.org

The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

Adapted for use by THE TRANSIT AUTHORITY OF THE CITY OF OMAHA, D/B/A METRO – December 2017.

http://www.nspe.org/

http://www.acec.org/

http://www.asce.org/


and American Society of Civil Engineers. All rights reserved. Page iii

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology ............................................................................................................. 1 1.01 Defined Terms ............................................................................................................................................................................ 1 1.02 Terminology ............................................................................................................................................................................... 2

Article 2 – Preliminary Matters ....................................................................................................................... 3 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................................................................ 3 2.02 Copies of Documents ................................................................................................................................................................. 3 2.03 Before Starting Construction ...................................................................................................................................................... 3 2.04 Preconstruction Conference; Designation of Authorized Representatives .................................................................................. 3 2.05 Initial Acceptance of Schedules .................................................................................................................................................. 3 2.06 Electronic Transmittals ............................................................................................................................................................... 4

Article 3 – Documents: Intent, Requirements, Reuse ................................................................................................. 4 3.01 Intent .......................................................................................................................................................................................... 4 3.02 Reference Standards ................................................................................................................................................................... 4 3.03 Reporting and Resolving Discrepancies ..................................................................................................................................... 4 3.04 Requirements of the Contract Documents .................................................................................................................................. 4 3.05 Reuse of Documents ................................................................................................................................................................... 5

Article 4 – Commencement and Progress of the Work ............................................................................................... 5 4.01 Commencement of Contract Times; Notice to Proceed .............................................................................................................. 5 4.02 Starting the Work ....................................................................................................................................................................... 5 4.03 Reference Points ......................................................................................................................................................................... 5 4.04 Progress Schedule ...................................................................................................................................................................... 5 4.05 Delays in Contractor’s Progress ................................................................................................................................................. 5

Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................................... 5 5.01 Availability of Lands .................................................................................................................................................................. 5 5.02 Use of Site and Other Areas ....................................................................................................................................................... 6 5.03 Subsurface and Physical Conditions ........................................................................................................................................... 6 5.04 Differing Subsurface or Physical Conditions .............................................................................................................................. 6 5.05 Underground Facilities ............................................................................................................................................................... 7 5.06 Hazardous Environmental Conditions at Site ............................................................................................................................. 8

Article 6 – Bonds and Insurance ...................................................................................................................... 9 6.01 Performance, Payment, and Other Bonds ................................................................................................................................... 9 6.02 Insurance—General Provisions .................................................................................................................................................. 9 6.03 Contractor’s Insurance................................................................................................................................................................ 9 6.04 Owner’s Liability Insurance ..................................................................................................................................................... 10 6.05 Property Insurance .................................................................................................................................................................... 10 6.06 Waiver of Rights ...................................................................................................................................................................... 11 6.07 Receipt and Application of Property Insurance Proceeds ......................................................................................................... 12

Article 7 – Contractor’s Responsibilities ........................................................................................................... 12 7.01 Supervision and Superintendence ............................................................................................................................................. 12 7.02 Labor; Working Hours ............................................................................................................................................................. 12 7.03 Services, Materials, and Equipment ......................................................................................................................................... 12 7.04 “Or Equals” .............................................................................................................................................................................. 12 7.05 Substitutes ................................................................................................................................................................................ 13 7.06 Concerning Subcontractors, Suppliers, and Others ................................................................................................................... 13 7.07 Patent Fees and Royalties ......................................................................................................................................................... 14 7.08 Permits ..................................................................................................................................................................................... 14 7.09 Taxes ........................................................................................................................................................................................ 14 7.10 Laws and Regulations .............................................................................................................................................................. 14 7.11 Record Documents ................................................................................................................................................................... 15 7.12 Safety and Protection ................................................................................................................................................................ 15 7.13 Safety Representative ............................................................................................................................................................... 15 7.14 Hazard Communication Programs ............................................................................................................................................ 15 7.15 Emergencies ............................................................................................................................................................................. 15 7.16 Shop Drawings, Samples, and Other Submittals....................................................................................................................... 15 7.17 Contractor’s General Warranty and Guarantee ......................................................................................................................... 16 7.18 Indemnification ........................................................................................................................................................................ 17 7.19 Delegation of Professional Design Services ............................................................................................................................. 17

Article 8 – Other Work at the Site .................................................................................................................. 17


and American Society of Civil Engineers. All rights reserved. Page iv

8.01 Other Work............................................................................................................................................................................... 17 8.02 Coordination ............................................................................................................................................................................. 17 8.03 Legal Relationships .................................................................................................................................................................. 18

Article 9 – Owner’s Responsibilities ................................................................................................................ 18 9.01 Communications to Contractor ................................................................................................................................................. 18 9.02 Replacement of Engineer ......................................................................................................................................................... 18 9.03 Furnish Data ............................................................................................................................................................................. 18 9.04 Pay When Due .......................................................................................................................................................................... 18 9.05 Lands and Easements; Reports, Tests, and Drawings ............................................................................................................... 18 9.06 Insurance .................................................................................................................................................................................. 18 9.07 Change Orders .......................................................................................................................................................................... 18 9.08 Inspections, Tests, and Approvals ............................................................................................................................................ 18 9.09 Limitations on Owner’s Responsibilities .................................................................................................................................. 18 9.10 Undisclosed Hazardous Environmental Condition ................................................................................................................... 18 9.11 Evidence of Financial Arrangements ........................................................................................................................................ 18 9.12 Safety Programs ....................................................................................................................................................................... 19

Article 10 – Engineer’s Status During Construction ................................................................................................ 19 10.01 Owner’s Representative ............................................................................................................................................................ 19 10.02 Visits to Site ............................................................................................................................................................................. 19 10.03 Project Representative .............................................................................................................................................................. 19 10.04 Rejecting Defective Work ........................................................................................................................................................ 19 10.05 Shop Drawings, Change Orders and Payments ......................................................................................................................... 19 10.06 Determinations for Unit Price Work ......................................................................................................................................... 19 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................................... 19 10.08 Limitations on Engineer’s Authority and Responsibilities........................................................................................................ 19 10.09 Compliance with Safety Program ............................................................................................................................................. 19

Article 11 – Amending the Contract Documents; Changes in the Work ........................................................................... 20 11.01 Amending and Supplementing Contract Documents ................................................................................................................ 20 11.02 Owner-Authorized Changes in the Work.................................................................................................................................. 20 11.03 Unauthorized Changes in the Work .......................................................................................................................................... 20 11.04 Change of Contract Price .......................................................................................................................................................... 20 11.05 Change of Contract Times ........................................................................................................................................................ 21 11.06 Change Proposals ..................................................................................................................................................................... 21 11.07 Execution of Change Orders ..................................................................................................................................................... 21 11.08 Notification to Surety ............................................................................................................................................................... 21

Article 12 – Claims .................................................................................................................................. 21 12.01 Claims ...................................................................................................................................................................................... 21

Article 13 – Cost of the Work; Allowances; Unit Price Work ...................................................................................... 22 13.01 Cost of the Work ...................................................................................................................................................................... 22 13.02 Allowances ............................................................................................................................................................................... 23 13.03 Unit Price Work ....................................................................................................................................................................... 23

Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................................................... 23 14.01 Access to Work ........................................................................................................................................................................ 23 14.02 Tests, Inspections, and Approvals ............................................................................................................................................ 23 14.03 Defective Work ........................................................................................................................................................................ 24 14.04 Acceptance of Defective Work ................................................................................................................................................. 24 14.05 Uncovering Work ..................................................................................................................................................................... 24 14.06 Owner May Stop the Work ....................................................................................................................................................... 24 14.07 Owner May Correct Defective Work ........................................................................................................................................ 25

Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period ................................................................... 25 15.01 Progress Payments .................................................................................................................................................................... 25 15.02 Contractor’s Warranty of Title ................................................................................................................................................. 26 15.03 Substantial Completion ............................................................................................................................................................ 26 15.04 Partial Use or Occupancy ......................................................................................................................................................... 27 15.05 Final Inspection ........................................................................................................................................................................ 27 15.06 Final Payment ........................................................................................................................................................................... 27 15.07 Waiver of Claims ..................................................................................................................................................................... 27 15.08 Correction Period ..................................................................................................................................................................... 27

Article 16 – Suspension of Work and Termination ................................................................................................. 28 16.01 Owner May Suspend Work ...................................................................................................................................................... 28 16.02 Owner May Terminate for Cause ............................................................................................................................................. 28 16.03 Owner May Terminate For Convenience.................................................................................................................................. 28 16.04 Contractor May Stop Work or Terminate ................................................................................................................................. 29

Article 17 – Final Resolution of Disputes........................................................................................................... 29 17.01 Methods and Procedures ........................................................................................................................................................... 29


and American Society of Civil Engineers. All rights reserved. Page v

Article 18 – Miscellaneous .......................................................................................................................... 29 18.01 Giving Notice ........................................................................................................................................................................... 29 18.02 Computation of Times .............................................................................................................................................................. 29 18.03 Cumulative Remedies ............................................................................................................................................................... 29 18.04 Limitation of Damages ............................................................................................................................................................. 29 18.05 No Waiver ................................................................................................................................................................................ 29 18.06 Survival of Obligations............................................................................................................................................................. 29 18.07 Controlling Law ....................................................................................................................................................................... 29 18.08 Headings................................................................................................................................................................................... 29

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 29

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the

Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. .

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Engineer—Metro’s Representative

21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work.

26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

28. Owner/METRO (The Transit Authority of the City of Omaha d/b/a Metro)- The individual or entity with which Contractor has



contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative.

33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities.

35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor.

38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions.

42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.

45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work—Work to be paid for on the basis of unit prices.

47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.



C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.

B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6.

C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction.

B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer.

2.03 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.05 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.



3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work.

2.06 Electronic Transmittals

A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website.

B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols.

C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols.

ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents.

C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern.

D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein.

3.02 Reference Standards

A. Standards Specifications, Codes, Laws and Regulations

1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:

a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Requirements of the Contract Documents

A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim.

C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor



that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

3.05 Reuse of Documents

A. Contractor and its Subcontractors and Suppliers shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier.

4.02 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date.

4.03 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11.

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No

Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

4.05 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. abnormal weather conditions;

3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and

4. acts of war or terrorism.

D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5.

E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor.

G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event.

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but



specifically related to use of the Site with which Contractor must comply in performing the Work.

B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

5.02 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible.

2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible.

B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or

adjacent structures or land to stresses or pressures that will endanger them.

5.03 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site;

2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and

3. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.

5.04 Differing Subsurface or Physical Conditions

A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either:

1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or

2. is of such a nature as to require a change in the Drawings or Specifications; or

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so.

B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more



of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations.

C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part.

D. Possible Price and Times Adjustments:

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A;

b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,

c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if:

a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or

b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or

c. Contractor failed to give the written notice as required by Paragraph 5.04.A.

3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question.

5.05 Underground Facilities

A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such

Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and

a. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:

b. reviewing and checking all information and data regarding existing Underground Facilities at the Site;

c. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site;

d. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and

e. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.

B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer.

C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part.

E. Possible Price and Times Adjustments:

1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question;

b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;



c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times; and

d. Contractor gave the notice required in Paragraph 5.05.B.

2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question.

5.06 Hazardous Environmental Conditions at Site

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and

2. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by

Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs.

F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off.

H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8.

I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.



K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 6 – BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract.

B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.

C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts.

D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.

E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16.

F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work.

6.02 Insurance—General Provisions

A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions.

B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better.

C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by

the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance.

F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16.

H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly.

I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests.

J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract.

6.03 Contractor’s Insurance

A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for:

1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts.

2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable).

3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states).

4. Foreign voluntary worker compensation (if applicable).

B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against:



1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees.

2. claims for damages insured by reasonably available personal injury liability coverage.

3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.

C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements:

1. Products and completed operations coverage:

a. Such insurance shall be maintained for three years after final payment.

b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.

2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3. Broad form property damage coverage.

4. Severability of interest.

5. Underground, explosion, and collapse coverage.

6. Personal injury coverage.

7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent.

8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.

D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies.

F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion.

G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those

arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements.

H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor.

I. General provisions: The policies of insurance required by this Paragraph 6.03 shall:

1. include at least the specific coverages provided in this Article.

2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater.

3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy.

4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.

5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.

J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies.

6.04 Owner’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.

B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties.

6.05 Property Insurance

A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:



1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.”

2. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor.

3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects).

5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier).

6. extend to cover damage or loss to insured property while in transit.

7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

8. allow for the waiver of the insurer’s subrogation rights, as set forth below.

9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered.

10. not include a co-insurance clause.

11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions.

12. include performance/hot testing and start-up.

13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete.

B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured.

C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible.

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense.

F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount.

6.06 Waiver of Rights

A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued.

B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for:

1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and

2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the



completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06.

C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them.

D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work.

6.07 Receipt and Application of Property Insurance Proceeds

A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations.

C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed.

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.

7.02 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and

except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld.

7.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

7.04 “Or Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below.

1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Engineer determines that:

1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;

2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;

3) it has a proven record of performance and availability of responsive service; and

4) it is not objectionable to Owner.

b. Contractor certifies that, if approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times; and

2) it will conform substantially to the detailed requirements of the item named in the Contract Documents.



B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination.

D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents.

E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05.

7.05 Substitutes

A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site.

1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor.

2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.

3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:

a. shall certify that the proposed substitute item will:

1) perform adequately the functions and achieve the results called for by the general design,

2) be similar in substance to that specified, and

3) be suited to the same use as that specified.

b. will state:

1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times,

2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and

3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.

c. will identify:

1) all variations of the proposed substitute item from that specified, and

2) available engineering, sales, maintenance, repair, and replacement services.

B. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination.

D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

E. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.

G. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal.

7.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.

B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so.

C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection.

D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days.

E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require



a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity.

F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement.

G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents.

H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal.

I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions.

J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work.

K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein.

L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer.

N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier.

O. Nothing in the Contract Documents:

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor

2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

7.07 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process,

product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights.

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.

7.08 Permits

A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work

7.09 Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. See Supplementary Conditions.

7.10 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03.



C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim.

7.11 Record Documents

A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer.

7.12 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. all persons on the Site or who may be affected by the Work;

2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

B. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

C. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

D. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work.

E. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site.

F. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not

attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).

G. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

H. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

7.13 Safety Representative

A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

7.14 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.15 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

7.16 Shop Drawings, Samples, and Other Submittals

A. Shop Drawing and Sample Submittal Requirements:

1. Before submitting a Shop Drawing or Sample, Contractor shall have:

a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may



have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation.

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require.

1. Shop Drawings:

a. Contractor shall submit the number of copies required in the Specifications.

b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D.

2. Samples:

a. Contractor shall submit the number of Samples required in the Specifications.

b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D.

3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications.

D. Engineer’s Review:

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto.

3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order.

5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B.

6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract

Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document.

8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4.

E. Resubmittal Procedures:

1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges.

3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.

7.17 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee.

B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:

1. observations by Engineer;

2. recommendation by Engineer or payment by Owner of any progress or final payment;

3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;

4. use or occupancy of the Work or any part thereof by Owner;

5. any review and approval of a Shop Drawing or Sample submittal;

6. the issuance of a notice of acceptability by Engineer;

7. any inspection, test, or approval by others; or

8. any correction of defective Work by Owner.



D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract.

7.18 Indemnification

A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable.

B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or

2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

7.19 Delegation of Professional Design Services

A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations.

B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer.

C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy.

D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1.

E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer.

ARTICLE 8 – OTHER WORK AT THE SITE

8.01 Other Work

A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor.

C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected.

D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

8.02 Coordination

A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work:

1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;

2. an itemization of the specific matters to be covered by such authority and responsibility; and



3. the extent of such authority and responsibilities.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination.

8.03 Legal Relationships

A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph.

C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor.

D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.

ARTICLE 9 – OWNER’S RESPONSIBILITIES

9.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer.

9.02 Replacement of Engineer

A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer.

9.03 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

9.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in the Agreement.

9.05 Lands and Easements; Reports, Tests, and Drawings

A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.

B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03.

C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

9.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6.

9.07 Change Orders

A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11.

9.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B.

9.09 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

9.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06.

9.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work).



9.12 Safety Programs

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

10.01 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract.

10.02 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

10.03 Project Representative

A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.

10.04 Rejecting Defective Work

A. Engineer has the authority to reject Work in accordance with Article 14.

10.05 Shop Drawings, Change Orders and Payments

A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16.

B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19.

C. Engineer’s authority as to Change Orders is set forth in Article 11.

D. Engineer’s authority as to Applications for Payment is set forth in Article 15.

10.06 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03.

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.08 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any.

10.09 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed.



ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

11.01 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

1. Change Orders:

a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times.

b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order.

2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive.

3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.02 Owner-Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.03 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.

11.04 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or

2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or

3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent;

b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;

e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the



basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.

11.05 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12.

B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress.

11.06 Change Proposals

A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents.

1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal.

2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.

B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.

11.07 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off;

3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12.

B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed.

11.08 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 12 – CLAIMS

12.01 Claims

A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article:

1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;

2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and

3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters.

B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.

C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer.

D. Mediation:

1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute.



The agreement to mediate shall stay the Claim submittal and response process.

2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator.

3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs.

E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes.

F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.

G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work

A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:

1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or

2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.

B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be

limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses



shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.

D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C.

E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

13.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

B. Cash Allowances: Contractor agrees that:

1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

13.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph.

1. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if:

2. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;

3. there is no corresponding adjustment with respect to any other item of Work; and

4. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

14.01 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable.

14.02 Tests, Inspections, and Approvals

A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the



Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required:

1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;

2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work;

3. by manufacturers of equipment furnished under the Contract Documents;

4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and

5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.

E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals.

F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice.

14.03 Defective Work

A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.

B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work.

C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.

D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective.

E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction

of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15.

14.04 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner.

14.05 Uncovering Work

A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense.

1. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

2. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15.

3. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

14.06 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.



14.07 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph.

C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

15.01 Progress Payments

A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period.

B. Applications for Payments:

1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

C. Review of Applications:

1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or

b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

c. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

d. to supervise, direct, or control the Work, or

e. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or

f. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or

g. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or

h. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

4. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2.

5. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, requiring correction or replacement;



b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or

e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.

D. Payment Becomes Due:

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor.

E. Reductions in Payment by Owner:

1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following:

a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement;

b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;

c. Contractor has failed to provide and maintain required bonds or insurance;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;

e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;

f. the Work is defective, requiring correction or replacement;

g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

h. the Contract Price has been reduced by Change Orders;

i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred;

j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work;

k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

l. there are other items entitling Owner to a set off against the amount recommended.

2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount

remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement.

15.02 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner.

15.03 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner.

D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.

E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.



F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.

15.04 Partial Use or Occupancy

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work.

2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance.

15.05 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

15.06 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment.

2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents;

b. consent of the surety, if any, to final payment;

c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment.

d. a list of all disputes that Contractor believes are unsettled; and

e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

B. Engineer’s Review of Application and Acceptance:

1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment.

D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor.

15.07 Waiver of Claims

A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents.

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17.

15.08 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any



applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. correct the defective repairs to the Site or such other adjacent areas;

2. correct such defective Work;

3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others).

C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION

16.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work.

16.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule);

2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or

4. Contractor’s repeated disregard of the authority of Owner or Engineer.

B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to:

1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and

C. enforce the rights available to Owner under any applicable performance bond.

D. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.

E. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

F. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

G. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.

H. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.

I. Owner May Terminate For Convenience

J. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted



Work, plus fair and reasonable sums for overhead and profit on such expenses; and

3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

K. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination.

16.03 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

17.01 Methods and Procedures

A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article:

1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and

2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made.

B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may:

1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or

2. agree with the other party to submit the dispute to another dispute resolution process; or

3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction.

ARTICLE 18 – MISCELLANEOUS

18.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:

1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice.

18.02 Computation of Times

A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

18.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

18.04 Limitation of Damages

A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

18.05 No Waiver

A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

18.06 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

18.07 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.

18.08 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

SECTION 7-

TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS

Table of Contents

Omaha Metro-Creighton University Multi-Modal Facility

(Metro 2017 IDIQ – Work Order #3)

Table of Contents – Landscape Architecture

Page 1 of 2

-TOC – LANDSCAPE ARCHITECTURE

-CIVIL SITE WORK SPECIAL PROVISIONS

A. Civil Site Work Special Provisions

B. Civil site work removals and site work

C. Civil site work storm sewer

Division 01 General Requirements

01 56 39 – Tree Protection

Division 02 Existing Conditions

02 41 19 – Selective Demolition

Division 03 Concrete

03 30 00 – Cast in Place Concrete

03 45 00 – Precast Architectural Concrete

Division 05 Metals

05 52 13 – Steel Fabrication

Division 26 Electrical

26 04 00 - COMMON REQUIREMENTS FOR ELECTRICAL 26 05 19 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 26 05 33.13 - CONDUIT 26 05 33.16 - BOXES 26 05 53 - IDENTIFICATION FOR ELECTRICAL SYSTEMS

Division 31 Earthwork

31 10 00 – Site Clearing

Table of Contents




Page 2 of 2

31 20 00 – Earth Moving

Division 32 Exterior Improvements

32 13 13 – Concrete Paving

32 14 01 – Clay Pavers with Concrete Subslab

32 32 23 – Segmental Retaining Wall

32 33 00 – Site Furnishings

32 91 00 – Topsoil

32 92 00 – Turf and Grasses





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Division 05 Metals










32 91 00 – Topsoil


Creighton University Pedestrian Mall Construction Documents May 16, 2018

SP-1

CIVIL SITE WORK SPECIAL PROVISIONS A. CIVIL SITE WORK GENERAL REQUIREMENTS 1. GENERAL DESCRIPTION OF WORK: The work described in the Civil Site Work section of these

SPECIFICATIONS shall consist of storm sewer construction, miscellaneous utility construction, and miscellaneous work as indicated on the Civil Drawings (C1xx plan sheets) and as described herein. The full extent of this work is indicated on the PLANS.

2. PROJECT SPECIFICATIONS: All materials and work related to the Civil Site Work (plan sheets

C1xx plan sheets) shall conform to the current City of Omaha "Standard Specifications for Public Works Construction", 2014 Edition, and all subsequent revisions and additions, Sections 100 through 1100, except as modified by these Specifications and/or the Plans. Copies of the City of Omaha "Standard Specifications for Public Works Construction", 2014 Edition, are available in Room 631, Omaha/Douglas Civic Center, Public Works Department. Any further reference to the PROJECT SPECIFICATIONS noted within this Civil Site Work section shall mean this document. Any quantities indicated on the PLANS are for information only.

3. STORAGE OF MATERIAL AND EQUIPMENT: Storage of material and equipment shall be within the limits of construction as indicated on the PLANS. For access and storage outside limits of construction, permission must be obtained from the OWNER or the OWNER's representative in writing. In all events, storage of materials shall be coordinated with other contractors on the site to avoid obstructing their work or access.

4. EXISTING UTILITIES: The CONTRACTOR shall be fully responsible for the protection of all existing surface and underground facilities during all phases of the work. Existing underground facilities are indicated on the drawings for the CONTRACTOR'S guidance only. The CONTRACTOR shall repair, at his expense, any damages to existing facilities caused directly or indirectly by his operations. In addition, the CONTRACTOR shall note that there may be existing underground facilities which are not indicated on the PLANS. It is, therefore, a requirement of this Contract that the CONTRACTOR fully investigate all areas in which excavations will be performed and take all reasonable measures necessary to locate any facilities which may not be indicated on the PLANS.

5. VERIFICATION OF UNDERGROUND FACILITIES: In all cases, with no exception, the CONTRACTOR, before beginning construction of any new underground facilities, shall locate, uncover and determine the horizontal and vertical location of all existing underground facilities which may potentially conflict with his work or are to be incorporated into the new work. Before proceeding, the CONTRACTOR shall satisfy himself that a conflict does not exist and that the underground work can be performed as indicated on the PLANS. If, in the opinion of the CONTRACTOR, a conflict does exist, he shall immediately notify the ENGINEER who will make the final determination for resolving the conflict. The CONTRACTOR will receive no additional compensation for any delays or work resulting from a conflict which was not thoroughly investigated prior to proceeding with his work. The CONTRACTOR may request additional compensation for any additional work performed to directly resolve the conflict as directed in writing by the ENGINEER.

6. SHOP DRAWINGS: Required shop drawings for review include: a. PVC Pipe and Fittings b. Catch Basins c. Trench Drain Frames and Grates


SP-2

B. CIVIL SITE WORK REMOVALS AND SITE WORK

1. REMOVE STORM SEWER INLET/MANHOLE: Where indicated on the PLANS, the

CONTRACTOR shall remove and legally dispose of existing storm sewer inlets and/or manholes in accordance with Section 103 of the PROJECT SPECIFICATIONS. The removal of storm sewer inlets and/or manholes shall be measured per each and shall be paid for at the contract unit price for “Remove Storm Sewer Inlet/Manhole.” Payment shall be considered full compensation for the removal of the existing structure, backfilling, and all labor, equipment, materials, and incidentals necessary to complete the work.

2. CAST IN PLACE PIPE PLUG: Where indicated on the PLANS, the CONTRACTOR shall construct

a pipe plug in place to cap an existing storm sewer, sanitary sewer, or other utility line as directed. This work shall be accomplished in accordance with Sections 103 and 104 of the PROJECT SPECIFICATIONS. The construction of a cast in place pipe plug shall be paid for at the contract unit price for “Construct Cast-in-Place Pipe Plug.” Payment shall be considered full compensation for the construction of the plug, and all labor, equipment, materials, and incidentals necessary to complete the work.

3. ADJUST AREA INLET TO GRADE: Where shown in the PLANS, existing Area Inlets shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Area Inlet adjusted and shall be paid for at the contract unit price for “Adjust Area Inlet to Grade”. Payment shall be considered full compensation for the Area Inlet adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

4. ADJUST SANITARY SEWER MANHOLE TO GRADE: Where shown in the PLANS, existing Sanitary Sewer Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Sanitary Sewer Manhole adjusted and shall be paid for at the contract unit price for “Adjust Sanitary Sewer Manhole to Grade”. Payment shall be considered full compensation for the Sanitary Sewer Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

5. ADJUST STORM SEWER MANHOLE TO GRADE: Where shown in the PLANS, existing Storm

Sewer Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Storm Sewer Manhole adjusted and shall be paid for at the contract unit price for “Adjust Storm Sewer Manhole to Grade”. Payment shall be considered full compensation for the Storm Sewer Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

6. ADJUST TELEPHONE MANHOLE TO GRADE: Where shown in the PLANS, existing Telephone

Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Telephone Manhole adjusted and shall be paid for at the contract unit price for “Adjust Telephone Manhole to Grade”. Payment shall be considered full compensation for the Telephone Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

7. ADJUST GAS VALVE TO GRADE: Where shown in the PLANS, existing Gas Valves shall be

adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Gas Valve adjusted and shall be paid for at the contract unit price for “Adjust Gas Valve to Grade”. Payment shall be considered full compensation for the Gas Valve adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.


SP-3

8. ADJUST TELEPHONE MANHOLE TO GRADE: Where shown in the PLANS, existing Telephone

Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Telephone Manhole adjusted and shall be paid for at the contract unit price for “Adjust Telephone Manhole to Grade”. Payment shall be considered full compensation for the Telephone Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

9. ADJUST ELECTRICAL MANHOLE TO GRADE: Where shown in the PLANS, existing Electrical

Manholes shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Electrical Manhole adjusted and shall be paid for at the contract unit price for “Adjust Electrical Manhole to Grade”. Payment shall be considered full compensation for the Electrical Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

10. ADJUST WATER VALVE TO GRADE: Where shown in the PLANS, existing Water Valves shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Water Valve adjusted and shall be paid for at the contract unit price for “Adjust Water Valve to Grade”. Payment shall be considered full compensation for the Water Valve adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

11. ADJUST WATER MANHOLE TO GRADE: Where shown in the PLANS, existing Water Manholes

shall be adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Water Manhole adjusted and shall be paid for at the contract unit price for “Adjust Water Manhole to Grade”. Payment shall be considered full compensation for the Water Manhole adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

12. CONVERT GRATE INLET/DRAINAGE INLET TO MANHOLE: Where shown in the PLANS,

existing Grate inlets or drainage inlets shall be converted to manholes and adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Grate Inlet/Drainage Inlet converted and adjusted and shall be paid for at the contract unit price for “Convert Grate Inlet/Drainage Inlet to Manhole”. Payment shall be considered full compensation for converting the existing Grate Inlet/Drainage Inlet and its adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

13. CONVERT CURB INLET TO MANHOLE: Where shown in the PLANS, existing Curb Inlets shall be converted to manholes and adjusted in height to match the proposed grade in accordance with the requirements of the Project Specifications. This work shall be measured per each Curb Inlet converted and adjusted and shall be paid for at the contract unit price for “Convert Curb Inlet to Manhole”. Payment shall be considered full compensation for converting the existing Curb Inlet and its adjustment, and all labor, equipment, materials, and incidentals necessary to complete the work.

14. GAS SERVICE: The existing Gas Service system shall be protected in place unless the contractor finds that the existing gas service lines need to be rerouted in order to construct the planned improvements. The CONTRACTOR shall notify the ENGINEER immediately if an unavoidable conflict with the existing system exists. If necessary, the CONTRACTOR shall coordinate with M.U.D. for design and installation to provide gas service from existing mains and/or service lines to the buildings. Installation procedures shall conform to the PROJECT SPECIFICATIONS and any applicable local, state, or federal requirements. Gas pipe type and size will be determined by M.U.D. If necessary, coordination and installation of gas service lines and valves shall be paid for at the contract unit price per linear foot for “Gas Line Relocation” and per each for “Relocate Gas


SP-4

Valve”. Payment shall be considered full compensation for the Gas Line Relocation or Gas Valve Relocation, and all labor, equipment, materials, and incidentals necessary to complete the work. No separate payment will be made for horizontal or vertical bends, bends will be considered incidental.

15. WATER SERVICE: The existing Water Service system shall be protected in place unless the contractor finds that the existing water service lines need to be rerouted in order to construct the planned improvements. The CONTRACTOR shall notify the ENGINEER immediately if an unavoidable conflict with the existing system exists. If necessary, the CONTRACTOR shall coordinate with M.U.D. for design and installation to provide water service from existing mains and/or service lines to the buildings. Installation procedures shall conform to the PROJECT SPECIFICATIONS and any applicable local, state, or federal requirements. Water pipe type and size will be determined by M.U.D. If necessary, coordination and installation of water service lines and valves shall be paid for at the contract unit price per linear foot for “Water Line Relocation” and per each for “Relocate Water Valve”. Payment shall be considered full compensation for the Water Line Relocation or Water Valve Relocation, and all labor, equipment, materials, and incidentals necessary to complete the work. No separate payment will be made for horizontal or vertical bends, bends will be considered incidental.


SP-5

C. CIVIL SITE WORK STORM SEWER 1. CONSTRUCT PVC STORM SEWER PIPE: Storm sewer pipe used on this project shall conform to

the requirements of ASTM F794. The type of pipe shall be solid wall P.V.C. as shown on the PLANS. All pipe shall be installed in accordance with the PROJECT SPECIFICATIONS. The length of pipe, including all crushed rock bedding and backfill, shall be measured in linear feet of pipe in place, completed, and approved. It shall be measured along the centerline of the pipe from end of pipe or center of structure to the end of pipe or center of structure, whichever is applicable. The several types and sizes of pipe shall be measured separately. All fittings, wyes, and vertical/horizontal bends shall be included in the footage as typical pipe sections in the pipe being measured and will be considered incidental to the construction of the pipe. Payment will be made and the contract unit price per linear foot for each pipe of the type and size designated. These prices shall be considered full compensation for furnishing all materials, any dewatering necessary, for all pipe bedding, and for all labor, equipment, tools, and incidentals necessary to complete the item.

2. CONSTRUCT 8” TRENCH DRAIN: Trench Drains shall be constructed in accordance with the details

in the PLANS and in the locations as shown in the PLANS. This work shall be measured per linear foot and shall be paid for at the contract unit price for “Construct 8” Trench Drain.” Payment shall be considered full compensation for the excavation, construction of trench drain channel with outlet pipe connections, installation of the frame and grate, and all labor, equipment, materials, and incidentals necessary to complete the work.

3. TAP PVC PIPE INTO EXISTING INLET/MANHOLE: Taps shall be made in accordance with City of

Omaha Standard Plate No. 700-23. Locations of taps shown on the PLANS may be varied to avoid conflicts as long as the specified minimum PVC pipe slope is maintained. No distinction for sizes of pipe shall be made. This work shall be measured per each and shall be paid for at the contract unit price for “Tap PVC Pipe into Existing Inlet/Manhole.” Payment shall be considered full compensation for the excavation, construction of tap, and all labor, equipment, materials, and incidentals necessary to complete the work.

4. CONNECT PVC PIPE TO FRENCH DRAIN: PVC pipe connections to French Drains shall be

constructed in accordance with the PLANS and in the locations as shown in the PLANS. This work shall be measured per each and shall be paid for at the contract unit price for “Connect PVC Pipe to French Drain.” Payment shall be considered full compensation for the excavation, construction of pipe connections, and all labor, equipment, materials, and incidentals necessary to complete the work.

5. CONSTRUCT 18”x18” CATCH BASIN: Catch basins shall be constructed in accordance with the

PROJECT SPECIFICATIONS and per the PLANS. Catch basins shall consist of an 18” x 18” catch basin, 18” x 18” catch basin riser (if required), and appropriate grate. For catch basins used in landscaping areas the grate shall be 18” square catch basin grate atrium grate (black in color). For catch basins used in pavement the grate shall be 18” square catch basin grate (galvanized steel). All catch basin materials are as manufactured by NDS or approved equal.





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Division 05 Metals










32 91 00 – Topsoil


SECTION 01 56 39 – TREE PROTECTION AND TRIMMING

Omaha Metro-Creighton University Multi-Modal Facility (Metro 2017 IDIQ – Work Order #3)

01 56 39 Tree Protection and Trimming Page 1 of 5

PART 1 - GENERAL

1.01 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions apply to this Section.

1.02 SECTION INCLUDES

A. Protection and trimming of existing trees that interfere with, or are affected by, execution of the Work, whether temporary or permanent construction.

1.03 RELATED SECTIONS

A. Section 312000 – Earthmoving

B. Section 024119 - Selective Demolition

1.04 DEFINITIONS

A. Tree Protection Zone: Area surrounding individual trees or groups of trees to remain during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated.

1.05 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Tree Pruning Schedule: Written schedule from arborist detailing scope and extent of pruning of trees to remain that interfere with or are affected by construction.

C. Qualification Data: For tree service firm and arborist.

D. Certification: From arborist, certifying that trees indicated to remain have been protected during construction according to recognized standards and that trees were promptly and properly treated and repaired when damaged.

E. Maintenance Recommendations: From arborist, for care and protection of trees affected by construction during and after completing the Work.




1.06 QUALITY ASSURANCE

A. Tree Service Firm Qualifications: An experienced tree service firm that has successfully completed tree protection and trimming work similar to that required for this Project and that will assign an experienced, qualified arborist to Project site during execution of tree protection and trimming.

B. Arborist Qualifications: An arborist certified by ISA or licensed in the jurisdiction where Project is located.

C. Tree Pruning Standard: Comply with ANSI A300 (Part 1), "Tree, Shrub, and Other Woody Plant Maintenance--Standard Practices (Pruning)." 1. Before tree protection and trimming operations begin, meet with representatives

of authorities having jurisdiction, Owner, Landscape Architect, consultants, and other concerned entities to review tree protection and trimming procedures and responsibilities.

PART 2 - PRODUCTS

2.01 MATERIALS

A. Drainage Fill: Selected crushed stone, or crushed or uncrushed gravel, washed, ASTM D 448, Size 24, with 90 to 100 percent passing a 2-1/2-inch sieve and not more than 10 percent passing a 3/4-inch sieve.

B. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 1 inch in diameter; and free of weeds, roots, and toxic and other non-soil materials. 1. Obtain topsoil only from well-drained sites where topsoil is 4 inches deep or

more; do not obtain from bogs or marshes.

C. Filter Fabric: Manufacturer's standard, non-woven, pervious, geotextile fabric of polypropylene, nylon, or polyester fibers.

D. Chain-Link Fence: Metallic-coated steel chain-link fence fabric of 0.120-inch-diameter wire; a minimum of 48 inches high; with 1.9-inch-diameter line posts; 2-3/8-inch-diameter terminal and corner posts; 1-5/8-inch-diameter top rail; and 0.177-inch- diameter bottom tension wire; with tie wires, hog ring ties, and other accessories for a complete fence system.

PART 3 - EXECUTION

3.01 PREPARATION

A. Temporary Fencing: Install temporary fencing around tree protection zones to protect remaining trees and vegetation from construction damage. Maintain temporary fence and remove when construction is complete.




1. Install chain-link fence according to ASTM F 567 and manufacturer's written instructions.

B. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations.

C. Do not store construction materials, debris, or excavated material inside tree protection zones. Do not permit vehicles or foot traffic within tree protection zones; prevent soil compaction over root systems.

D. Maintain tree protection zones free of weeds and trash.

E. Do not allow fires within tree protection zones.

3.02 EXCAVATION

A. Install shoring or other protective support systems to minimize sloping or benching of excavations.

B. Do not excavate within tree protection zones, unless otherwise indicated.

C. Where excavation for new construction is required within tree protection zones, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks and comb soil to expose roots. 1. Redirect roots in backfill areas where possible. If encountering large, main

lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches back from new construction.

2. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil.

D. Where utility trenches are required within tree protection zones, tunnel under or around roots by drilling, auger boring, pipe jacking, or digging by hand. 1. Root Pruning: Do not cut main lateral roots or taproots; cut only smaller roots

that interfere with installation of utilities. Cut roots with sharp pruning instruments; do not break or chop.

3.03 REGRADING

A. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade beyond tree protection zones. Maintain existing grades within tree protection zones. 1. Root Pruning: Prune tree roots exposed during grade lowering. Do not cut main

lateral roots or taproots; cut only smaller roots. Cut roots with sharp pruning instruments; do not break or chop.




B. Minor Fill: Where existing grade is 6 inches or less below elevation of finish grade, fill with topsoil. Place topsoil in a single un-compacted layer and hand grade to required finish elevations.

C. Moderate Fill: Where existing grade is more than 6 inches but less than 12 inches below elevation of finish grade, place drainage fill, filter fabric, and topsoil on existing grade as follows: 1. Carefully place drainage fill against tree trunk approximately 2 inches above

elevation of finish grade and extend not less than 18 inches from tree trunk on all sides. For balance of area within drip-line perimeter, place drainage fill up to 6 inches below elevation of grade.

2. Place filter fabric with edges overlapping 6 inches minimum. 3. Place fill layer of topsoil to finish grade. Do not compact drainage fill or topsoil.

Hand grade to required finish elevations.

3.04 TREE PRUNING

A. Prune trees to remain that are affected by temporary and permanent construction.

B. Prune trees to remain to compensate for root loss caused by damaging or cutting root system. Provide subsequent maintenance during Contract period as recommended by arborist.

C. Pruning Standards: Prune trees according to ANSI A300 (Part 1). 1. Type of Pruning: Cleaning, Thinning, Raising and Reduction. 2. Specialty Pruning: Restoration.

D. Cut branches with sharp pruning instruments; do not break or chop.

E. Chip removed tree branches and stockpile in areas approved by Creighton Facilities manager.

3.05 TREE REPAIR AND REPLACEMENT

A. Promptly repair trees damaged by construction operations within 24 hours. Treat damaged trunks, limbs, and roots according to arborist's written instructions.

B. Remove and replace trees indicated to remain that die or are damaged during construction operations that arborist determines are incapable of restoring to normal growth pattern. 1. Provide new trees of 6-inch caliper size and of a species selected by Landscape

Architect when damaged trees more than 6 inches in caliper size, measured 12 inches above grade, are required to be replaced.

C. Aerate surface soil, compacted during construction, 10 feet beyond drip line and no closer than 36 inches to tree trunk. Drill 2-inch-diameter holes a minimum of 12 inches deep at 24 inches o.c. Backfill holes with an equal mix of augered soil and sand.

3.06 DISPOSAL OF WASTE MATERIALS

A. Burning is not permitted.




B. Disposal: Remove excess excavated material and displaced trees from Creighton University’s property.

END OF SECTION

SECTION 02 41 19 – SELECTIVE DEMOLITION


02 41 19 Selective Demolition Page 1 of 4

PART 1 - GENERAL 1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, apply to this Section.

1.2 SUMMARY

A. Section Includes: 1. Demolition and removal of selected site elements. 2. Isolation of asphalt and/or concrete pavements by cutting a joint through the full depth of the

existing pavement. 1.3 DEFINITIONS

A. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and salvaged or removed and reinstalled.

B. Remove and Salvage: Carefully detach from existing construction, in a manner to prevent damage, and deliver to Owner ready for reuse.

C. Remove and Reinstall: Detach items from existing construction, prepare for reuse, and reinstall where indicated.

D. Existing to Remain: Existing items of construction that are not to be permanently removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled.

1.4 MATERIALS OWNERSHIP

A. Unless otherwise indicated, demolition waste becomes property of Contractor. B. Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones and their

contents, commemorative plaques and tablets, and other items of interest or value to Owner that may be uncovered during demolition remain the property of Owner.

1. Carefully salvage in a manner to prevent damage and promptly return to Owner. 1.5 PREINSTALLATION MEETINGS

A. Pre-demolition Conference: Conduct conference at Project site. 1. Inspect and discuss condition of construction to be selectively demolished. 2. Review and finalize selective demolition schedule and verify availability of materials, demolition

personnel, equipment, and facilities needed to make progress and avoid delays. 3. Review requirements of work performed by other trades that rely on substrates exposed by

selective demolition operations. 4. Review areas where existing construction is to remain and requires protection. 5. Review items indicated on Drawings to be removed and salvaged/reinstalled.

1.6 INFORMATIONAL SUBMITTALS

A. Proposed Protection Measures: Submit report, including drawings, that indicates the measures proposed for protecting individuals and property, for environmental protection, for dust control and, for noise control. Indicate proposed locations and construction of barriers.

B. Schedule of Selective Demolition Activities: Indicate the following: 1. Detailed sequence of selective demolition and removal work, with starting and ending dates for

each activity. Ensure Owner's on-site operations are uninterrupted. 2. Interruption of utility services. Indicate how long utility services will be interrupted. 3. Coordination for shutoff, capping, and continuation of utility services. 4. Use of elevator and stairs. 5. Coordination of Owner's continuing use of portions of the Mall.

C. Inventory: Submit a list of items to be removed and salvaged and deliver to Owner prior to start of demolition.

D. Pre-demolition Photographs or Video: Submit before Work begins.




1.7 CLOSEOUT SUBMITTALS A. Inventory: Submit a list of items that have been removed and salvaged.

1.8 FIELD CONDITIONS

A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted.

B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical.

C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition.

D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work. 1. Hazardous materials will be removed by Owner before start of the Work. 2. If suspected hazardous materials are encountered, do not disturb; immediately notify Architect.

Hazardous materials will be removed by Owner under a separate contract. E. Storage or sale of removed items or materials on-site is not permitted. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage

during selective demolition operations. 1. Maintain fire-protection facilities in service during selective demolition operations.

1.9 WARRANTY

A. Notify warrantor on completion of selective demolition, and obtain documentation verifying that existing system has been inspected and warranty remains in effect. Submit documentation at Project closeout.

PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION

3.1 EXAMINATION

A. Verify that utilities have been disconnected and capped before starting selective demolition operations. B. Review record documents of existing construction provided by Owner. Owner does not guarantee that

existing conditions are same as those indicated in record documents. C. Survey existing conditions and correlate with requirements indicated to determine extent of selective

demolition required. D. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or

design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect.

3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS

A. Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect them against damage.

B. Existing Services/Systems to Be Removed, Relocated, or Abandoned: Locate, identify, disconnect, and seal or cap off indicated utility services and mechanical/electrical systems serving areas to be selectively demolished.

1. Owner will arrange to shut off indicated services/systems when requested by Contractor. 2. If services/systems are required to be removed, relocated, or abandoned, provide temporary

services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of building.




3.3 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to

ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.

B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings, surfaces, and facilities to remain.

1. Provide protection to ensure safe passage of people around selective demolition area. 2. Cover and protect site furnishings, surfaces, and equipment that have not been removed.

C. Temporary Shoring: Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished.

1. Strengthen or add new supports when required during progress of selective demolition. 3.4 SELECTIVE DEMOLITION, GENERAL

A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows:

1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain.

2. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site.

3. Dispose of demolished items and materials promptly. B. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during

selective demolition. When permitted by Landscape Architect, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete.

3.5 SELECTIVE DEMOLITION, CONCRETE A. General: All areas of authorized pavement removal are defined by Landscape Architect in contract

drawings. The removal of existing pavement shall extend as indicated on the plans, either to an existing joint, or to the limits shown on the plans. All pavement to be removed shall be isolated from the pavement to remain by cutting a saw joint, as provided below, or by other methods specifically approved by the Landscape Architect. The pavement to be removed shall be broken into movable sizes and removed from the site. If the pavement to remain is damaged by the Contractor, the Landscape Architect will order further removal and replacement at the Contractor's expense. Pavement which is removed without authorization by the Landscape Architect shall be replaced at the Contractor's expense.

B. Where part of the existing pavement, curb and gutter, sidewalk or driveway is to be removed at locations other than construction or expansion joints, the existing concrete (or asphalt) shall be cut with a concrete saw. Water shall be used as required to control dust during sawing operations. In order to provide true alignment and a vertical face against which replacement pavement can be placed, a full depth saw cut is required. If the remaining pavement is chipped or cracked during sawing or removal, it shall be re-sawed behind the limits of the chip or crack. Sawing shall be along a line parallel to or perpendicular with the nearest joint except

C. Demolish in small sections. Using power-driven saw, cut concrete to a depth of at least 3/4 inch at junctures with construction to remain. Dislodge concrete from reinforcement at perimeter of areas being demolished, cut reinforcement, and then remove remainder of concrete. Neatly trim openings to dimensions indicated.

D. Demolish in sections. Cut concrete full depth at junctures with construction to remain and at regular intervals using power-driven saw, then remove concrete between saw cuts.

E. Saw Cuts shall be executed as indicated on demolition plans:




1. Asphaltic Concrete pavement to be removed shall be isolated from the pavement to remain by cutting a joint with a wheel saw, through the full depth of the pavement. After the pavement base has been replaced, a 4 inch wide strip of the asphaltic concrete surface course shall be sawed and removed to provide a straight, smooth edge where the new asphaltic surfacing adjoins the existing surfacing.

2. Portland Cement Concrete (PCC) pavement to be removed shall be isolated from the paving to remain by cutting a full depth saw cut, using either a wheel saw or diamond blade. If a wheel saw is used, additional sawing shall be required to provide smooth, straight and true vertical faces.

3. Asphaltic Concrete Surface Course to be removed from concrete base shall be sawed and removed to provide a straight, smooth edge where the new asphaltic surfacing will adjoin the existing.

4. Pavement to be removed shall be isolated from the pavement to remain by cutting a joint with a wheel saw, through the full depth of the pavement.

3.6 SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS

A. Masonry: Demolish in small sections. Cut masonry at junctures with construction to remain, using power-driven saw, and then remove masonry between saw cuts.

B. Concrete Slabs-on-Grade: Saw-cut perimeter of area to be demolished, then break up and remove. 3.7 DISPOSAL OF DEMOLISHED MATERIALS

A. General: Except for items or materials indicated to be recycled, reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, remove demolished materials from Project site and legally dispose of them in an EPA-approved landfill.

1. Do not allow demolished materials to accumulate on-site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and

areas. 3. Remove debris from elevated portions of building by chute, hoist, or other device that will

convey debris to grade level in a controlled descent. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them.

3.8 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition

operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 02 41 19

SECTION 03 30 00 – CAST-IN-PLACE CONCRETE


03 30 00 Cast-in-Place Concrete Page 1 of 19

PART 1 - GENERAL


A. Drawings and general provisions of Contract, including General and Supplementary Conditions apply to this section.

1.2 SUMMARY

A. Section includes cast-in-place concrete, including formwork, reinforcement, concrete

materials, mixture design, placement procedures, and finishes, for the following:

1. Footings. 2. Slabs-on-grade. 3. Seat walls. 4. Decorative Columns

1.3 DEFINITIONS

A. Cementitious Materials: Portland cement alone or in combination with one or more of the

following: fly ash and other pozzolans, subject to compliance with requirements.

1.4 ACTION SUBMITTALS


B. Design Mixtures: For each concrete mixture. Submit alternate design mixtures when characteristics of materials, Project conditions, weather, test results, or other circumstances warrant adjustments.

1. Indicate amounts of mixing water to be withheld for later addition at Project site.

C. Steel Reinforcement Shop Drawings: Placing drawings that detail fabrication, bending, and

placement. Include bar sizes, lengths, material, grade, bar schedules, stirrup spacing, bent bar diagrams, bar arrangement, splices and laps, mechanical connections, tie spacing, hoop spacing, and supports for concrete reinforcement.

D. Samples: For waterstops and vapor retarder.


A. Material Certificates: For each of the following, signed by manufacturers:

1. Cementitious materials. 2. Admixtures. 3. Form materials and form-release agents. 4. Steel reinforcement and accessories. 5. Curing compounds. 6. Floor and slab treatments.




7. Bonding agents. 8. Adhesives. 9. Vapor retarders. 10. Semirigid joint filler. 11. Joint-filler strips. 12. Repair materials.

B. Material Test Reports: For the following, from a qualified testing agency, indicating

compliance with requirements:

C. Field quality-control reports.


A. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and equipment.

1. Manufacturer certified according to NRMCA's "Certification of Ready Mixed

Concrete Production Facilities."

B. Testing Agency Qualifications: An independent agency, qualified according to ASTM C 1077 and ASTM E 329 for testing indicated.

C. Source Limitations: Obtain each type or class of cementitious material of the same brand

from the same manufacturer's plant, obtain aggregate from single source, and obtain admixtures from single source from single manufacturer.

D. ACI Publications: Comply with the following unless modified by requirements in the

Contract Documents:

1. ACI 301, "Specifications for Structural Concrete," Sections 1 through 5. 2. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials."

E. Concrete Testing Service: Engage a qualified independent testing agency to perform

material evaluation tests and to design concrete mixtures.

1.7 DELIVERY, STORAGE, AND HANDLING

A. Steel Reinforcement: Deliver, store, and handle steel reinforcement to prevent bending and damage.

PART 2 - PRODUCTS

2.1 FORM-FACING MATERIALS

A. Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints.

1. Plywood, metal, or other approved panel materials. 2. Exterior-grade plywood panels, suitable for concrete forms, complying with

DOC PS 1, and as follows:

a. High-density overlay, Class 1 or better.




b. Medium-density overlay, Class 1 or better; mill-release agent treated and edge sealed.

c. Structural 1, B-B or better; mill oiled and edge sealed. d. B-B (Concrete Form), Class 1 or better; mill oiled and edge sealed.

B. Rough-Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit.

C. Void Forms: Biodegradable paper surface, treated for moisture resistance, structurally sufficient to support weight of plastic concrete and other superimposed loads.

D. Chamfer Strips: Wood, metal, PVC, or rubber strips, 3/4 by 3/4 inch, minimum.

E. Rustication Strips: Wood, metal, PVC, or rubber strips, kerfed for ease of form removal.

F. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces.

1. Formulate form-release agent with rust inhibitor for steel form-facing materials.

G. Form Ties: Factory-fabricated, removable or snap-off metal or glass-fiber-reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal.

1. Furnish units that will leave no corrodible metal closer than 1 inch to the plane of exposed concrete surface.

2. Furnish ties that, when removed, will leave holes no larger than 1 inch in diameter in concrete surface.

3. Furnish ties with integral water-barrier plates to walls indicated to receive dampproofing or waterproofing.

2.2 STEEL REINFORCEMENT

A. Recycled Content of Steel Products: Postconsumer recycled content plus one-half of preconsumer recycled content not less than 25 percent.

B. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed.

C. Low-Alloy-Steel Reinforcing Bars: ASTM A 706/A 706M, deformed.

D. Epoxy-Coated Reinforcing Bars: ASTM A 615/A 615M, Grade 60 ASTM A 706/A 706M, deformed bars, ASTM A 775/A 775M or ASTM A 934/A 934M, epoxy coated, with less than 2 percent damaged coating in each 12-inch bar length.

E. Plain-Steel Wire: ASTM A 82/A 82M, as drawn. F. Plain-Steel Welded Wire Reinforcement: ASTM A 185/A 185M, plain, fabricated from as-

drawn steel wire into flat sheets.

2.3 REINFORCEMENT ACCESSORIES

A. Epoxy Repair Coating: Liquid, two-part, epoxy repair coating; compatible with epoxy coating on reinforcement and complying with ASTM A 775/A 775M.

B. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire reinforcement in place. Manufacture bar supports from steel wire, plastic, or precast concrete according to CRSI's "Manual of




Standard Practice," of greater compressive strength than concrete and as follows:

1. For concrete surfaces exposed to view where legs of wire bar supports contact forms, use CRSI Class 1 plastic-protected steel wire or CRSI Class 2 stainless- steel bar supports.

2. For epoxy-coated reinforcement, use epoxy-coated or other dielectric-polymer- coated wire bar supports.

2.4 CONCRETE MATERIALS

A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source, throughout Project:

1. Portland Cement: ASTM C 150, Type I, Type II, Type III, Type V, gray. Supplement with the following:

a. Fly Ash: ASTM C 618, Class F.

B. Normal-Weight Aggregates: ASTM C 33, Class 3M coarse aggregate or better, graded. Provide aggregates from a single source.

1. Maximum Coarse-Aggregate Size: 1 inch nominal. 2. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.

C. Water: ASTM C 94/C 94M and potable.

2.5 ADMIXTURES

A. Air-Entraining Admixture: ASTM C 260.

B. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other admixtures and that will not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride.

1. Water-Reducing Admixture: ASTM C 494/C 494M, Type A. 2. Retarding Admixture: ASTM C 494/C 494M, Type B. 3. Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D. 4. High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F. 5. High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M,

Type G. 6. Plasticizing and Retarding Admixture: ASTM C 1017/C 1017M, Type II.

C. Set-Accelerating Corrosion-Inhibiting Admixture: Commercially formulated, anodic inhibitor or mixed cathodic and anodic inhibitor; capable of forming a protective barrier and minimizing chloride reactions with steel reinforcement in concrete and complying with ASTM C 494/C 494M, Type C.

1. Products: Subject to compliance with requirements, available products that may

be incorporated into the Work include, but are not limited to, the following:

a. Axim Italcementi Group, Inc.; CATEXOL CN-CI. b. BASF Construction Chemicals - Building Systems; Rheocrete CNI. c. Euclid Chemical Company (The), an RPM company. d. Grace Construction Products, W. R. Grace & Co.; DCI. e. Sika Corporation; Sika CNI.




D. Concrete Densifiers and Hardeners: Concrete Densifier and Chemical Hardener Compound is a ready-to-use, colorless liquid, formulated with chemically reactive raw materials to harden and dustproof concrete. It shall also meet the maximum VOC content limits of 400 g/L for Concrete Protective Coatings as required by the U.S. EPA Architectural Coatings Rule.

E. Non-Set-Accelerating Corrosion-Inhibiting Admixture: Commercially formulated, non-set- accelerating, anodic inhibitor or mixed cathodic and anodic inhibitor; capable of forming a protective barrier and minimizing chloride reactions with steel reinforcement in concrete.



a. BASF Construction Chemicals - Building Systems; Rheocrete 222+. b. Cortec Corporation; MCI- 2005NS. c. Grace Construction Products, W. R. Grace & Co.; DCI-S. d. Sika Corporation; FerroGard 901.

2.6 VAPOR RETARDERS

A. Sheet Vapor Retarder: ASTM E 1745, Class A. Include manufacturer's recommended adhesive or pressure-sensitive tape.



a. Carlisle Coatings & Waterproofing, Inc.; Blackline 400. b. Fortifiber Building Systems Group; Moistop Ultra 15. c. Grace Construction Products, W. R. Grace & Co.; Florprufe 120. d. Insulation Solutions, Inc.; Viper VaporCheck 16. e. Meadows, W. R., Inc.; Perminator 15 mil. f. Raven Industries Inc.; Vapor Block 15. g. Reef Industries, Inc.; Griffolyn 15 mil Green. h. Stego Industries, LLC; Stego Wrap 15 mil Class A.

B. Sheet Vapor Retarder: Polyethylene sheet, ASTM D 4397, not less than 10 mils thick.

C. Granular Fill: Clean mixture of crushed stone or crushed or uncrushed gravel; ASTM D 448, Size #5, with 100 percent passing a 1-1/2-inch sieve and 0 to 5 percent passing a No. 8 sieve.

2.7 CURING MATERIALS

A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh concrete.

1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. Axim Italcementi Group, Inc.; CATEXOL CimFilm. b. BASF Construction Chemicals - Building Systems; Confilm. c. ChemMasters; SprayFilm. d. Conspec by Dayton Superior; Aquafilm. e. Dayton Superior Corporation; Sure Film (J-74). f. Edoco by Dayton Superior; BurkeFilm. g. Euclid Chemical Company (The), an RPM company; Eucobar.




h. Kaufman Products, Inc.; Vapor-Aid. i. Lambert Corporation; LAMBCO Skin. j. L&M Construction Chemicals, Inc.; E-CON. k. Meadows, W. R., Inc.; EVAPRE. l. Metalcrete Industries; Waterhold. m. Nox-Crete Products Group; MONOFILM. n. Sika Corporation; SikaFilm. o. SpecChem, LLC; Spec Film. p. Symons by Dayton Superior; Finishing Aid. q. TK Products, Division of Sierra Corporation; TK-2120 TRI-FILM. r. Unitex; PRO-FILM. s. Vexcon Chemicals, Inc.; Certi-Vex Envio Set.

B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. when dry.

C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet.

D. Water: Potable.

E. Clear, Waterborne, Membrane-Forming Curing and Sealing Compound: ASTM C 1315, Type 1, Class A.

1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following:

a. BASF Construction Chemicals - Building Systems; Kure 1315. b. ChemMasters; Polyseal WB. c. Conspec by Dayton Superior; Sealcure 1315 WB. d. Edoco by Dayton Superior; Cureseal 1315 WB. e. Euclid Chemical Company (The), an RPM company; Super Diamond

Clear VOX; LusterSeal WB 300. f. Kaufman Products, Inc.; Sure Cure 25 Emulsion. g. Lambert Corporation; UV Safe Seal. h. L&M Construction Chemicals, Inc.; Lumiseal WB Plus. i. Meadows, W. R., Inc.; Vocomp-30. j. Metalcrete Industries; Metcure 30. k. Right Pointe; Right Sheen WB30. l. Symons by Dayton Superior; Cure & Seal 31 Percent E. m. Vexcon Chemicals, Inc.; Vexcon Starseal 1315.

2. VOC Content: Curing and sealing compounds shall have a VOC content of 200

g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24).

2.8 RELATED MATERIALS

A. Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber or ASTM D 1752, cork or self-expanding cork.

B. Semirigid Joint Filler: Two-component, semirigid, 100 percent solids, epoxy resin with a

Type A shore durometer hardness of 80 aromatic polyurea with a Type A shore durometer hardness range of 90 to 95 per ASTM D 2240.




C. Bonding Agent: ASTM C 1059/C 1059M, Type II, non-redispersible, acrylic emulsion or styrene butadiene.

D. Epoxy Bonding Adhesive: ASTM C 881, two-component epoxy resin, capable of humid

curing and bonding to damp surfaces, of class suitable for application temperature and of grade to suit requirements, and as follows:

1. Types I and II, non-load bearing, for bonding hardened or freshly mixed concrete

to hardened concrete.

E. Dovetail Anchor Slots: Hot-dip galvanized-steel sheet, not less than 0.034 inch thick, with bent tab anchors. Temporarily fill or cover face opening of slots to prevent intrusion of concrete or debris.

2.9 REPAIR MATERIALS

A. Repair Underlayment: Cement-based, polymer-modified, self-leveling product that can be

applied in thicknesses from 1/8 inch and that can be feathered at edges to match adjacent floor elevations.

1. Cement Binder: ASTM C 150, Portland cement or hydraulic or blended hydraulic

cement as defined in ASTM C 219. 2. Primer: Product of underlayment manufacturer recommended for substrate,

conditions, and application. 3. Aggregate: Well-graded, washed gravel, 1/8 to 1/4 inch or coarse sand as

recommended by underlayment manufacturer. 4. Compressive Strength: Not less than 4100 psi at 28 days when tested according

to ASTM C 109/C 109M.

B. Repair Overlayment: Cement-based, polymer-modified, self-leveling product that can be applied in thicknesses from 1/4 inch and that can be filled in over a scarified surface to match adjacent floor elevations.

1. Cement Binder: ASTM C 150, Portland cement or hydraulic or blended hydraulic

cement as defined in ASTM C 219. 2. Primer: Product of topping manufacturer recommended for substrate, conditions,

and application. 3. Aggregate: Well-graded, washed gravel, 1/8 to 1/4 inch or coarse sand as

recommended by topping manufacturer. 4. Compressive Strength: Not less than 5000 psi at 28 days when tested according

to ASTM C 109/C 109M.

2.10 CONCRETE MIXTURES, GENERAL

A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data, or both, according to ACI 301.

1. Use a qualified independent testing agency for preparing and reporting proposed

mixture designs based on laboratory trial mixtures. B. Cementitious Materials: Use fly ash as needed to reduce the total amount of Portland

cement, which would otherwise be used, by not less than 25 percent. Limit percentage, by weight, of cementitious materials other than Portland cement in concrete as follows:

1. Fly Ash: 25 percent.




C. Limit water-soluble, chloride-ion content in hardened concrete to 0.06 percent by weight

of cement.

D. Admixtures: Use admixtures according to manufacturer's written instructions.

1. Use water-reducing or high-range water-reducing or plasticizing admixture in concrete, as required, for placement and workability.

2. Use water-reducing and retarding admixture when required by high

temperatures, low humidity, or other adverse placement conditions. 3. Use water-reducing admixture in pumped concrete, concrete for heavy-use

industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water-cementitious materials ratio below 0.50.

4. Use corrosion-inhibiting admixture in concrete mixtures where indicated.

E. Color Pigment: Add color pigment to concrete mixture according to manufacturer's written instructions and to result in hardened concrete color consistent with approved mockup. Color Pigment shall match concrete coloring.

2.11 CONCRETE MIXTURES FOR BUILDING ELEMENTS

A. Footings and foundation walls: Proportion normal-weight concrete mixture as follows:

1. Minimum Compressive Strength: 3500 psi at 28 days. 2. Slump Limit: 5 inches.

B. Exterior Slabs-on-Grade: Proportion normal-weight concrete mixture as follows:

1. Minimum Compressive Strength: 3500 psi at 28 days. 2. Slump Limit: 5 inches. 3. Air Content: 6 percent, plus or minus one percent at point of delivery for 1-inch

nominal maximum aggregate size.

2.12 FABRICATING REINFORCEMENT

A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice." 2.13 CONCRETE MIXING

A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM

C 94/C 94M and ASTM C 1116/C 1116M, and furnish batch ticket information.

1. When air temperature is between 85 and 90 deg F, reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes.

PART 3 - EXECUTION

3.1 FORMWORK

A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support

vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until structure can support such loads.




B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117.

C. Limit concrete surface irregularities, designated by ACI 347 as abrupt or gradual, as

follows:

1. Class A, 1/8 inch for smooth-formed finished surfaces. 2. Class B, 1/4 inch for rough-formed finished surfaces.

D. Construct forms tight enough to prevent loss of concrete mortar.

E. Fabricate forms for easy removal without hammering or prying against concrete surfaces.

Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical.

1. Install keyways, reglets, recesses, and the like, for easy removal. 2. Do not use rust-stained steel form-facing material.

F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required

elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike-off templates or compacting-type screeds.

G. Provide temporary openings for cleanouts and inspection ports where interior area of

formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations.

H. Chamfer exterior corners and edges of permanently exposed concrete.

I. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and

bulkheads required in the Work. Determine sizes and locations from trades providing such items.

J. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust,

dirt, and other debris just before placing concrete.

K. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment.

L. Coat contact surfaces of forms with form-release agent, according to manufacturer's written instructions, before placing reinforcement.

3.2 EMBEDDED ITEMS

A. Place and secure anchorage devices and other embedded items required for adjoining

work that is attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded.

1. Install anchor rods, accurately located, to elevations required and complying with

tolerances in Section 7.5 of AISC's "Code of Standard Practice for Steel Buildings and Bridges."

2. Install reglets to receive waterproofing and to receive through-wall flashings in outer face of concrete frame at exterior walls, where flashing is shown at lintels, shelf angles, and other conditions.

3. Install dovetail anchor slots in concrete structures as indicated.




3.3 REMOVING AND REUSING FORMS

A. General: Formwork for sides of beams, walls, columns, and similar parts of the Work that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F for 24 hours after placing concrete. Concrete has to be hard enough to not be damaged by form-removal operations and curing and protection operations need to be maintained.

B. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or

otherwise damaged form-facing material will not be acceptable for exposed surfaces. Apply new form-release agent.

C. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close

joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect.

3.4 VAPOR RETARDERS

A. Sheet Vapor Retarders: Place, protect, and repair sheet vapor retarder according to ASTM

E 1643 and manufacturer's written instructions.

1. Lap joints 6 inches and seal with manufacturer's recommended tape. 2. Seal all penetrations 3. Turn vapor barrier up at all vertical walls and secure to wall with a termination bar

B. Bituminous Vapor Retarders: Place, protect, and repair bituminous vapor retarder

according to manufacturer's written instructions.


A. General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement.

1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete.

B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials that

would reduce bond to concrete.

C. Accurately position, support, and secure reinforcement against displacement. Locateand support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars.

1. Weld reinforcing bars according to AWS D1.4/D 1.4M, where indicated.

D. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces.

E. Install welded wire reinforcement in longest practicable lengths on bar supports spaced to

minimize sagging. Lap edges and ends of adjoining sheets at least one mesh spacing. Offset laps of adjoining sheet widths to prevent continuous laps in either direction. Lace overlaps with wire.

F. Epoxy-Coated Reinforcement: Repair cut and damaged epoxy coatings with epoxy repair

coating according to ASTM D 3963/D 3963M. Use epoxy-coated steel wire ties to fasten epoxy-coated steel reinforcement.




3.6 JOINTS

A. General: Construct joints true to line with faces perpendicular to surface plane of concrete.

B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect.

1. Place joints perpendicular to main reinforcement. Continue reinforcement across

construction joints unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs.

2. Form keyed joints as indicated. Embed keys at least 1-1/2 inches into concrete. 3. Space vertical joints in walls as indicated. Locate joints beside piers integral with

walls, near corners, and in concealed locations where possible. 4. Use a bonding agent at locations where fresh concrete is placed against hardened

or partially hardened concrete surfaces. 5. Use epoxy-bonding adhesive at locations where fresh concrete is placed against

hardened or partially hardened concrete surfaces.

C. Contraction Joints in Slabs-on-Grade: Form weakened-plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness as follows:

1. Grooved Joints: Form contraction joints after initial floating by grooving and

finishing each edge of joint to a radius of 1/8 inch. Repeat grooving of contraction joints after applying surface finishes. Eliminate groover tool marks on concrete surfaces.

2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut 1/8-inch- wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks.

D. Isolation Joints in Slabs-on-Grade: After removing formwork, install joint-filler strips at slab

junctions with vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated.

1. Extend joint-filler strips full width and depth of joint, terminating flush with finished

concrete surface unless otherwise indicated. 2. Terminate full-width joint-filler strips not less than 1/2 inch or more than 1 inch

below finished concrete surface where joint sealants, specified in Section 07920"Joint Sealants," are indicated.

3. Install joint-filler strips in lengths as long as practicable. Where more than one length is required, lace or clip sections together.

3.7 CONCRETE PLACEMENT

A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed.

B. Do not add water to concrete during delivery, at Project site, or during placement unless

approved by Architect.

C. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301.




1. Do not add water to concrete after adding high-range water-reducing admixtures to mixture.

D. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no

new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as indicated. Deposit concrete to avoid segregation.

1. Deposit concrete in horizontal layers of depth to not exceed formwork design

pressures and in a manner to avoid inclined construction joints. 2. Consolidate placed concrete with mechanical vibrating equipment according to

ACI 301.

3. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mixture constituents to segregate.

E. Deposit and consolidate concrete for floors and slabs in a continuous operation, within

limits of construction joints, until placement of a panel or section is complete.

1. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners.

2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required. 5. Begin initial floating using bull floats or darbies to form a uniform and open-

textured surface plane, before excess bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations.

F. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work

from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures.

1. When average high and low temperature is expected to fall below 40 deg F for

three successive days, maintain delivered concrete mixture temperature within the temperature range required by ACI 301.

2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials.

3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in mixture designs.

G. Hot-Weather Placement: Comply with ACI 301 and as follows:

1. Maintain concrete temperature below 90 deg F at time of placement. Chilled mixing

water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option.

2. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade uniformly moist without standing water, soft spots, or dry areas.




3.8 FINISHING FORMED SURFACES

A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and defects repaired and patched. Remove fins and other projections that exceed specified limits on formed-surface irregularities.

1. Apply to concrete surfaces not exposed to public view.

B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material,

arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defects. Remove fins and other projections that exceed specified limits on formed-surface irregularities.

1. Apply to concrete surfaces exposed to public view or to be covered with a coating

or covering material applied directly to concrete.

C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces unless otherwise indicated.

3.9 FINISHING SLABS

A. General: Comply with ACI 302.1R recommendations for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces.

B. Scratch Finish: While still plastic, texture concrete surface that has been screeded and bull-

floated or darbied. Use stiff brushes, brooms, or rakes to produce a profile amplitude of 1/4 inch in one direction.

1. Apply scratch finish to surfaces to receive mortar setting beds for bonded

cementitious floor finishes.

C. Float Finish: Consolidate surface with power-driven floats or by hand floating if area is small or inaccessible to power driven floats. Restraighten, cut down high spots, and fill low spots. Repeat float passes and restraightening until surface is left with a uniform, smooth, granular texture.

1. Apply float finish to surfaces to receive trowel finish.

D. Trowel Finish: After applying float finish, apply first troweling and consolidate concrete by

hand or power-driven trowel. Continue troweling passes and restraighten until surface is free of trowel marks and uniform in texture and appearance. Grind smooth any surface defects that would telegraph through applied coatings or floor coverings.

1. Apply a trowel finish to surfaces exposed to view or to be covered with resilient

flooring, carpet, ceramic or quarry tile set over a cleavage membrane, paint, or another thin-film-finish coating system.

2. Finish surfaces to the following tolerances, according to ASTM E 1155, for a randomly trafficked floor surface:

a. Specified overall values of flatness, F(F) 25; and of levelness, F(L) 20; with

minimum local values of flatness, F(F) 17; and of levelness, F(L) 15. b. Specified overall values of flatness, F(F) 35; and of levelness, F(L) 25; with




minimum local values of flatness, F(F) 24; and of levelness, F(L) 17; for slabs-on-grade.

c. Specified overall values of flatness, F(F) 30; and of levelness, F(L) 20; with minimum local values of flatness, F(F) 24; and of levelness, F(L) 15; for suspended slabs.

d. Specified overall values of flatness, F(F) 45; and of levelness, F(L) 35; with minimum local values of flatness, F(F) 30; and of levelness, F(L) 24.

E. Trowel and Fine-Broom Finish: Apply a first trowel finish to surfaces where ceramic or

quarry tile is to be installed by either thickset or thin-set method. While concrete is still plastic, slightly scarify surface with a fine broom.

1. Comply with flatness and levelness tolerances for trowel-finished floor surfaces.

F. Broom Finish: Apply a broom finish to exterior concrete platforms, steps, ramps, and

elsewhere as indicated.

1. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-bristle broom perpendicular to main traffic route. Coordinate required final finish with Architect before application.

3.10 MISCELLANEOUS CONCRETE ITEMS

A. Filling In: Fill in holes and openings left in concrete structures after work of other trades is

in place unless otherwise indicated. Mix, place, and cure concrete, as specified, to blend with in-place construction. Provide other miscellaneous concrete filling indicated or required to complete the Work.

B. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still

green and by steel-troweling surfaces to a hard, dense finish with corners, intersections, and terminations slightly rounded.

C. Equipment Bases and Foundations:

1. Coordinate sizes and locations of concrete bases with actual equipment provided. 2. Construct concrete bases 4 inches high unless otherwise indicated; and extend

base not less than 6 inches in each direction beyond the maximum dimensions of supported equipment unless otherwise indicated or unless required for seismic anchor support.

3. Minimum Compressive Strength: 4000 psi at 28 days. 4. Install dowel rods to connect concrete base to concrete floor. Unless otherwise

indicated, install dowel rods on 18-inch centers around the full perimeter of concrete base.

5. For supported equipment, install epoxy-coated anchor bolts that extend through concrete base, and anchor into structural concrete substrate.

6. Prior to pouring concrete, place and secure anchorage devices. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded.

7. Cast anchor-bolt insert into bases. Install anchor bolts to elevations required for proper attachment to supported equipment.

3.11 CONCRETE PROTECTING AND CURING

A. General: Protect freshly placed concrete from premature drying and excessive cold or hot




temperatures. Comply with ACI 306.1 for cold-weather protection and ACI 301 for hot-weather protection during curing.

B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry,

or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing.

C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams,

supported slabs, and other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing for the remainder of the curing period.

D. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed

surfaces, including floors and slabs, concrete floor toppings, and other surfaces.

E. Cure concrete according to ACI 308.1, by one or a combination of the following methods:

1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials:

a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover

concrete surfaces and edges with 12-inch lap over adjacent absorptive covers.

2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-

retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period using cover material and waterproof tape.

a. Moisture cure or use moisture-retaining covers to cure concrete surfaces

to receive floor coverings. b. Moisture cure or use moisture-retaining covers to cure concrete surfaces

to receive penetrating liquid floor treatments. c. Cure concrete surfaces to receive floor coverings with either a moisture-

retaining cover or a curing compound that the manufacturer certifies will not interfere with bonding of floor covering used on Project.

3. Curing Compound: Apply uniformly in continuous operation by power spray or

roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period.

a. Removal: After curing period has elapsed, remove curing compound

without damaging concrete surfaces by method recommended by curing compound manufacturer unless manufacturer certifies curing compound will not interfere with bonding of floor covering used on Project.

4. Curing and Sealing Compound: Apply uniformly to floors and slabs indicated in a

continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial




application. Repeat process 24 hours later and apply a second coat. Maintain continuity of coating and repair damage during curing period.

F. Sealing Coat: Uniformly apply a continuous sealing coat of curing and sealing compound to hardened concrete by power spray or roller according to manufacturer's written instructions.

3.12 JOINT FILLING

A. Prepare, clean, and install joint filler according to manufacturer's written instructions.

1. Defer joint filling until concrete has aged at least one month(s). Do not fill joints

until construction traffic has permanently ceased.

B. Remove dirt, debris, saw cuttings, curing compounds, and sealers from joints; leave contact faces of joint clean and dry.

C. Install semirigid joint filler full depth in saw-cut joints and at least 2 inches deep in formed

joints. Overfill joint and trim joint filler flush with top of joint after hardening.

3.13 CONCRETE SURFACE REPAIRS

A. Defective Concrete: Repair and patch defective areas when approved by Architect. Remove and replace concrete that cannot be repaired and patched to Architect's approval.

B. Patching Mortar: Mix dry-pack patching mortar, consisting of one part Portland cement to two and one-half parts fine aggregate passing a No. 16 sieve, using only enough water for handling and placing.

C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning.

1. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than 1/2 inch in any dimension to solid concrete. Limit cut depth to 3/4 inch. Make edges of cuts perpendicular to concrete surface. Clean, dampen with water, and brush-coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form-tie voids with patching mortar or cone plugs secured in place with bonding agent.

2. Repair defects on surfaces exposed to view by blending white Portland cement and standard Portland cement so that, when dry, patching mortar will match surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface.

3. Repair defects on concealed formed surfaces that affect concrete's durability and structural performance as determined by Architect.

D. Repairing Unformed Surfaces: Test unformed surfaces, such as floors and slabs, for finish and verify surface tolerances specified for each surface. Correct low and high areas. Test surfaces sloped to drain for trueness of slope and smoothness; use a sloped template.

1. Repair finished surfaces containing defects. Surface defects include spalls, popouts, honeycombs, rock pockets, crazing and cracks in excess of 0.01 inch wide or that penetrate to reinforcement or completely through unreinforced




sections regardless of width, and other objectionable conditions. 2. After concrete has cured at least 14 days, correct high areas by grinding. 3. Correct localized low areas during or immediately after completing surface

finishing operations by cutting out low areas and replacing with patching mortar. Finish repaired areas to blend into adjacent concrete.

4. Correct other low areas scheduled to receive floor coverings with a repair underlayment. Prepare, mix, and apply repair underlayment and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. Feather edges to match adjacent floor elevations.

5. Correct other low areas scheduled to remain exposed with a repair topping. Cut out low areas to ensure a minimum repair topping depth of 1/4 inch to match adjacent floor elevations. Prepare, mix, and apply repair topping and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface.

6. Repair defective areas, except random cracks and single holes 1 inch or less in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts and expose steel reinforcement with at least a 3/4- inch clearance all around. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix patching concrete of same materials and mixture as original concrete except without coarse aggregate. Place, compact, and finish to blend with adjacent finished concrete. Cure in same manner as adjacent concrete.

7. Repair random cracks and single holes 1 inch or less in diameter with patching mortar. Groove top of cracks and cut out holes to sound concrete and clean off dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding agent. Place patching mortar before bonding agent has dried. Compact patching mortar and finish to match adjacent concrete. Keep patched area continuously moist for at least 72 hours.

E. Perform structural repairs of concrete, subject to Architect's approval, using epoxy

adhesive and patching mortar.

F. Repair materials and installation not specified above may be used, subject to Architect's approval.

3.14 FIELD QUALITY CONTROL

A. Testing and Inspecting: Owner will engage a special inspector and qualified testing and

inspecting agency to perform field tests and inspections and prepare test reports.

B. Testing and Inspecting: Engage a qualified testing and inspecting agency to perform tests and inspections and to submit reports.

C. Inspections:

1. Steel reinforcement placement. 2. Headed bolts and studs. 3. Verification of use of required design mixture. 4. Concrete placement, including conveying and depositing. 5. Curing procedures and maintenance of curing temperature. 6. Verification of concrete strength.

D. Concrete Tests: Testing of composite samples of fresh concrete obtained according to

ASTM C 172 shall be performed according to the following requirements:




1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mixture exceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd. or fraction thereof.

2. Testing Frequency: Obtain at least one composite sample for each 100 cu. yd. or fraction thereof of each concrete mixture placed each day. a. When frequency of testing will provide fewer than five compressive-

strength tests for each concrete mixture, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used.

3. Slump: ASTM C 143/C 143M; one test at point of placement for each composite

sample, but not less than one test for each day's pour of each concrete mixture. Perform additional tests when concrete consistency appears to change.

4. Air Content: ASTM C 231, pressure method, for normal-weight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mixture.

5. Concrete Temperature: ASTM C 1064/C 1064M; one test hourly when air temperature is 40 deg F and below and when 80 deg F and above, and one test for each composite sample.

6. Compression Test Specimens: ASTM C 31/C 31M.

a. Cast and laboratory cure two sets of two standard cylinder specimens for each composite sample.

7. Compressive-Strength Tests: ASTM C 39/C 39M; test one set of two laboratory-

cured specimens at 7 days and one set of two specimens at 28 days.

a. Test one set of two field-cured specimens at 7 days and one set of two specimens at 28 days.

b. A compressive-strength test shall be the average compressive strength from a set of two specimens obtained from same composite sample and tested at age indicated.

8. When strength of field-cured cylinders is less than 85 percent of companion

laboratory-cured cylinders, Contractor shall evaluate operations and provide corrective procedures for protecting and curing in-place concrete.

9. Strength of each concrete mixture will be satisfactory if every average of any three consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive-strength test value falls below specified compressive strength by more than 500 psi.

10. Test results shall be reported in writing to Architect, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mixture proportions and materials, compressive breaking strength, and type of break for both 7- and 28-day tests.

11. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by Architect but will not be used as sole basis for approval or rejection of concrete.

12. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Architect.




Testing and inspecting agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42/C 42M or by other methods as directed by Architect.

13. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements.

14. Correct deficiencies in the Work that test reports and inspections indicate do not comply with the Contract Documents.

3.15 CONCRETE WASTE DISPOSAL

A. Do not discharge concrete washout into storm drains, catch basins or to the sanitary sewer system. Perform washing of concrete trucks in designated areas or an approved offsite location.

B. Designated areas should be clearly labeled. They should be in a pit to prevent run-off of

waste water. Place designated areas a minimum of 50 feet from storm drains, bodies of water and ditches. All designated areas should be lined to prevent seepage and should have a barrier.

C. Alternative to a designated area: Provide a concrete box. If only a small amount of concrete

washing is to occur, one option is to line a roll-off box. For very small projects this could be done with a drum.

D. Once concrete washout has hardened, break up and dispose of properly. Disposal of

hardened concrete should occur on a regular basis.

E. Washout facilities must be cleaned, or new facilities provided once the washout area is 75% full.

END OF SECTION 03 30 00

SECTION 03 45 00 – PRECAST ARCHITECTURAL CONCRETE


03 34 00 Precast Architectural Concrete Page 1 of 23

PART 1 - GENERAL



1.2 SUMMARY

A. This Section includes the following:

1. Landscape Architectural precast concrete units.

B. Related Sections include the following:

1. Section 033000 "Cast-In-Place Concrete" for installing connection anchors in concrete.

2. Section 055213 "Metal Fabrications" for kickers and other miscellaneous steel shapes.

1.3 DEFINITION

A. Design Reference Sample: Sample of approved Landscape Architectural precast concrete color, finish and texture, preapproved by Landscape Architect.



B. Design Mixtures: For each precast concrete mixture. Include compressive strength and water-absorption tests.

C. Shop Drawings: Detail fabrication and installation of Landscape Architectural precast concrete units. Indicate locations, plans, elevations, dimensions, shapes, and cross sections of each unit. Indicate joints, reveals, and extent and location of each surface finish. Indicate details at building corners.




1. Indicate separate face and backup mixture locations and thicknesses.

2. Indicate welded connections by AWS standard symbols. Detail loose and cast-in hardware and connections.

3. Indicate locations, tolerances, and details of anchorage devices to be embedded in or attached to structure or other construction.

4. Indicate locations, extent, and treatment of dry joints if two-stage casting is proposed.

5. Include plans and elevations showing unit location and sequence of erection for special conditions.

6. Indicate location of each Landscape Architectural precast concrete unit by same identification mark placed on panel.

7. Indicate relationship of Landscape Architectural precast concrete units to adjacent materials.

8. Indicate locations and details of brick units, including corner units and special shapes, and joint treatment.

9. Indicate locations and details of stone facings, anchors, and joint widths.

10. Design Modifications: If design modifications are proposed to meet performance requirements and field conditions, submit design calculations and Shop Drawings. Do not adversely affect the appearance, durability, or strength of units when modifying details or materials and maintain the general design concept.

11. Comprehensive engineering analysis certified by the qualified professional engineer responsible for its preparation. Show governing panel types, connections, and types of reinforcement, including special reinforcement. Indicate location, type, magnitude, and direction of loads imposed on the building structural frame from Landscape Architectural precast concrete.

D. Samples: For each type of finish indicated on exposed surfaces of Landscape Architectural precast concrete units, in sets of 3, illustrating full range of finish, color, and texture variations expected; approximately 12 by 12 by 2 inches.

1. When other faces of precast concrete unit are exposed, include Samples illustrating workmanship, color, and texture of backup concrete as well as facing concrete.

2. Samples for each brick unit required, showing full range of color and texture expected. Include Sample showing color and texture of joint treatment.




a. Grout Samples for Initial Selection: Color charts consisting of actual sections of grout showing manufacturer's full range of colors.

b. Grout Samples for Verification: Showing color and texture of joint treatment.


A. Qualification Data: For Installer, fabricator, and testing agency.

B. Welding certificates.

C. Material Certificates: For the following items, signed by manufacturers:

1. Cementitious materials.

2. Reinforcing materials and prestressing tendons.

3. Admixtures.

4. Bearing pads.

5. Structural-steel shapes and hollow structural sections.

D. Material Test Reports: For aggregates.

E. Source quality-control test reports.

F. Field quality-control test reports.


A. Installer Qualifications: A precast concrete erector qualified and designated by PCI's Certificate of Compliance to erect Category A (Landscape Architectural Systems) for non-load-bearing members.

B. Installer Qualifications: A precast concrete erector who has retained a "PCI-Certified Field Auditor" to conduct a field audit of a project in same category as this Project before erection of precast concrete and who can produce an Erectors' Post-Audit Declaration.




C. Fabricator Qualifications:

1. Acceptable Manufacturers-

a. Pacific Cast Stone, 3300 S. 6th St., Lincoln, NE 68502,

b. Artisan Stone Company, 6424 N. 16th St., Omaha, NE 68110

c. or approved equal.

D. Testing Agency Qualifications: An independent testing agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 for testing indicated.

E. Design Standards: Comply with ACI 318 and design recommendations of PCI MNL 120, "PCI Design Handbook - Precast and Prestressed Concrete," applicable to types of Landscape Architectural precast concrete units indicated.

F. Quality-Control Standard: For manufacturing procedures and testing requirements, quality-control recommendations, and dimensional tolerances for types of units required, comply with PCI MNL 117, "Manual for Quality Control for Plants and Production of Landscape Architectural Precast Concrete Products."

G. Welding: Qualify procedures and personnel according to AWS D1.1/D.1.1M, "Structural Welding Code - Steel"; and AWS D1.4, "Structural Welding Code - Reinforcing Steel."

H. Sample Panels: After sample approval and before fabricating Landscape Architectural precast concrete units, produce a minimum of 2 lineal feet of each type of capstone, in area for review by Landscape Architect. Incorporate full-scale details of Landscape Architectural features, finishes, textures, and transitions in sample panels.

1. Locate panels where indicated or, if not indicated, as directed by Landscape Architect.

2. Damage part of an exposed-face surface for each finish, color, and texture, and demonstrate adequacy of repair techniques proposed for repair of surface blemishes.

3. After acceptance of repair technique, maintain one sample panel at manufacturer's plant and one at Project site in an undisturbed condition as a standard for judging the completed Work.

4. Demolish and remove sample panels when directed.




I. Mockups: After sample panel approval but before production of Landscape Architectural precast concrete units, construct full-sized mockups to verify selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution.

1. Build mockup as indicated on Drawings.

2. Approved mockups may become part of the completed Work if undamaged at time of Substantial Completion.

3. Approval of mockups does not constitute approval of deviations from the Contract Documents unless such deviations are specifically approved by Landscape Architect in writing.

J. Preinstallation Conference: Conduct conference at Project site.


A. Deliver Landscape Architectural precast concrete units in such quantities and at such times to limit unloading units temporarily on the ground.

B. Support units during shipment on nonstaining shock-absorbing material.

C. Store units with adequate dunnage and bracing and protect units to prevent contact with soil, to prevent staining, and to prevent cracking, distortion, warping or other physical damage.

D. Place stored units so identification marks are clearly visible, and units can be inspected.

E. Handle and transport units in a position consistent with their shape and design in order to avoid excessive stresses which would cause cracking or damage.

F. Lift and support units only at designated points shown on Shop Drawings.

1.8 SEQUENCING

A. Furnish loose connection hardware and anchorage items to be embedded in or attached to other construction without delaying the Work. Provide locations, setting diagrams, templates, instructions, and directions, as required, for installation.




PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Available Fabricators: Subject to compliance with requirements, fabricators offering products that may be incorporated into the Work include, but are not limited to, the following:

B. Fabricators: Subject to compliance with requirements, provide products by one of the following:

a. Pacific Cast Stone, 3300 S. 6th St., Lincoln, NE 68502,

b. Artisan Stone Company, 6424 N. 16th St., Omaha, NE 68110

c. or approved equal.

2.2 MOLD MATERIALS

A. Molds: Rigid, dimensionally stable, non-absorptive material, warp and buckle free, that will provide continuous and true precast concrete surfaces within fabrication tolerances indicated; nonreactive with concrete and suitable for producing required finishes.

1. Mold-Release Agent: Commercially produced liquid-release agent that will not bond with, stain or adversely affect precast concrete surfaces and will not impair subsequent surface or joint treatments of precast concrete.

B. Form Liners: Units of face design, texture, arrangement, and configuration indicated. Furnish with manufacturer's recommended liquid-release agent that will not bond with, stain, or adversely affect precast concrete surfaces and will not impair subsequent surface or joint treatments of precast concrete.

C. Surface Retarder: Chemical set retarder, capable of temporarily delaying final hardening of newly placed concrete mixture to depth of reveal specified.

2.3 REINFORCING MATERIALS

Reinforcement shall be at the preference of the manufacturer.




A. Recycled Content of Steel Products: Postconsumer recycled content plus one-half of preconsumer recycled content not less than 25 percent.

B. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed.

C. Epoxy-Coated Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed bars, epoxy coated.

D. Plain-Steel Welded Wire Reinforcement: ASTM A 185, fabricated from galvanized steel wire into flat sheets.

E. Fiber reinforcement (optional): ASTM C 1116

F. Supports: Suspend reinforcement from back of mold or use bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire reinforcement in place according to PCI MNL 117.


A. Portland Cement: ASTM C 150, Type I or Type III, gray, unless otherwise indicated.

1. For surfaces exposed to view in finished structure, mix gray with white cement, of same type, brand, and mill source.

B. Supplementary Cementitious Materials:

1. Fly Ash: ASTM C 618, Class C or F, with maximum loss on ignition of 3 percent.

2. Metakaolin Admixture: ASTM C 618, Class N.

3. Silica Fume Admixture: ASTM C 1240, with optional chemical and physical requirement.

4. Ground Granulated Blast-Furnace Slag: ASTM C 989, Grade 100 or 120.

C. Normal-Weight Aggregates: Except as modified by PCI MNL 117, ASTM C 33, with coarse aggregates complying with Class 5S. Stockpile fine and coarse aggregates for each type of exposed finish from a single source (pit or quarry) for Project.

1. Face-Mixture-Coarse Aggregates: Selected, hard, and durable; free of material that reacts with cement or causes staining; to match selected finish sample.




a. Gradation: Uniformly graded.

2. Face-Mixture-Fine Aggregates: Selected, natural or manufactured sand of same material as coarse aggregate, unless otherwise approved by Landscape Architect.

D. Lightweight Aggregates: Except as modified by PCI MNL 117, ASTM C 330, with absorption less than 11 percent.

E. Coloring Admixture: ASTM C 979, synthetic or natural mineral-oxide pigments or colored water-reducing admixtures, temperature stable, and nonfading.

F. Water: Potable; free from deleterious material that may affect color stability, setting, or strength of concrete and complying with chemical limits of PCI MNL 117.

G. Air-Entraining Admixture: ASTM C 260, certified by manufacturer to be compatible with other required admixtures.

H. Chemical Admixtures: Certified by manufacturer to be compatible with other admixtures and to not contain calcium chloride, or more than 0.15 percent chloride ions or other salts by weight of admixture.

1. Water-Reducing Admixtures: ASTM C 494/C 494M, Type A.

2. Retarding Admixture: ASTM C 494/C 494M, Type B.

3. Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D.

4. Water-Reducing and Accelerating Admixture: ASTM C 494/C 494M, Type E.

5. High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F.

6. High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type G.

7. Plasticizing and Retarding Admixture: ASTM C 1017/C 1017 M.

2.5 STEEL CONNECTION MATERIALS

A. Carbon-Steel Shapes and Plates: ASTM A 36/A 36M.

B. Carbon-Steel-Headed Studs: ASTM A 108, AISI 1018 through AISI 1020, cold finished, AWS D1.1/D1.1M, Type A or B, with arc shields and with minimum mechanical properties of PCI MNL 117, Table 3.2.3.




C. Carbon-Steel Plate: ASTM A 283/A 283M.

D. Malleable Iron Castings: ASTM A 47/A 47M.

E. Carbon-Steel Castings: ASTM A 27/A 27M, Grade 60-30 (Grade 415-205).

F. High-Strength, Low-Alloy Structural Steel: ASTM A 572/A 572M.

G. Carbon-Steel Structural Tubing: ASTM A 500, Grade B.

H. Wrought Carbon-Steel Bars: ASTM A 675/A 675M, Grade 65 (Grade 450).

I. Deformed-Steel Wire or Bar Anchors: ASTM A 496 or ASTM A 706/A 706M.

J. Carbon-Steel Bolts and Studs: ASTM A 307, Grade A (ASTM F 568M, Property Class 4.6); carbon-steel, hex-head bolts and studs; carbon-steel nuts, ASTM A 563 ; and flat, unhardened steel washers, ASTM F 844.

K. High-Strength Bolts and Nuts: ASTM A 325 , Type 1, heavy hex steel structural bolts; heavy hex carbon-steel nuts, ASTM A 563 ; and hardened carbon-steel washers, ASTM F 436 .

L. Zinc-Coated Finish: For exterior steel items and items indicated for galvanizing, apply zinc coating by hot-dip process according to ASTM A 123/A 123M or ASTM A 153/A 153M.

1. For steel shapes, plates, and tubing to be galvanized, limit silicon content of steel to less than 0.03 percent or to between 0.15 and 0.25 percent or limit sum of silicon and 2.5 times phosphorous content to 0.09 percent.

2. Galvanizing Repair Paint: High-zinc-dust-content paint with dry film containing not less than 94 percent zinc dust by weight, and complying with DOD-P-21035A or SSPC-Paint 20.

M. Shop-Primed Finish: Prepare surfaces of nongalvanized steel items, except those surfaces to be embedded in concrete, according to requirements in SSPC-SP 3 and shop-apply lead- and chromate-free, rust-inhibitive primer, complying with performance requirements in MPI 79 according to SSPC-PA 1.

N. Welding Electrodes: Comply with AWS standards.




2.6 STAINLESS-STEEL CONNECTION MATERIALS

A. Stainless-Steel Plate: ASTM A 666, Type 304, of grade suitable for application.

B. Stainless-Steel Bolts and Studs: ASTM F 593, Alloy 304 or 316, hex-head bolts and studs; stainless-steel nuts; and flat, stainless-steel washers.

1. Lubricate threaded parts of stainless-steel bolts with an antiseize thread lubricant during assembly.

C. Stainless-Steel-Headed Studs: ASTM A 276, with minimum mechanical properties of PCI MNL 117, Table 3.2.3.

2.7 BEARING PADS

A. Provide one of the following bearing pads for Landscape Architectural precast concrete units as recommended by precast fabricator for application:

1. Elastomeric Pads: AASHTO M 251, plain, vulcanized, 100 percent polychloroprene (neoprene) elastomer, molded to size or cut from a molded sheet, Type A durometer hardness of 50 to 70, ASTM D 2240, minimum tensile strength 2250 psi , ASTM D 412.

2. Random-Oriented, Fiber-Reinforced Elastomeric Pads: Preformed, randomly oriented synthetic fibers set in elastomer. Type A durometer hardness of 70 to 90, ASTM D 2240; capable of supporting a compressive stress of 3000 psi with no cracking, splitting, or delaminating in the internal portions of pad. Test one specimen for every 200 pads used in Project.

3. Cotton-Duck-Fabric-Reinforced Elastomeric Pads: Preformed, horizontally layered cotton-duck fabric bonded to an elastomer; Type A durometer hardness of 80 to 100, ASTM D 2240; complying with AASHTO's "AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications, Division II, Section 18.10.2, or with MIL-C-882E.

4. Frictionless Pads: Tetrafluoroethylene (Teflon), glass-fiber reinforced, bonded to stainless or mild-steel plate, of type required for in-service stress.

5. High-Density Plastic: Multimonomer, nonleaching, plastic strip.




2.8 ACCESSORIES

A. Precast Accessories: Provide clips, hangers, plastic or steel shims, and other accessories required to install Landscape Architectural precast concrete units.

2.9 GROUT MATERIALS

A. Sand-Cement Grout: Portland cement, ASTM C 150, Type I, and clean, natural sand, ASTM C 144 or ASTM C 404. Mix at ratio of 1 part cement to 2-1/2 parts sand, by volume, with minimum water required for placement and hydration.

B. Nonmetallic, Nonshrink Grout: Premixed, nonmetallic, noncorrosive, nonstaining grout containing selected silica sands, portland cement, shrinkage-compensating agents, plasticizing and water-reducing agents, complying with ASTM C 1107, Grade A for drypack and Grades B and C for flowable grout and of consistency suitable for application within a 30-minute working time.

C. Epoxy-Resin Grout: Two-component, mineral-filled epoxy resin; ASTM C 881/C 881M, of type, grade, and class to suit requirements.

2.10 CONCRETE MIXTURES

A. Prepare design mixtures for each type of precast concrete required.

1. Limit use of fly ash and silica fume to 20 percent of portland cement by weight; limit metakaolin and silica fume to 10 percent of portland cement by weight.

B. Design mixtures may be prepared by a qualified independent testing agency or by qualified precast plant personnel at Landscape Architectural precast concrete fabricator's option.

C. Limit water-soluble chloride ions to maximum percentage by weight of cement permitted by ACI 318 or PCI MNL 117 when tested according to ASTM C 1218/C 1218M.

D. Normal-Weight Concrete Mixtures: Proportion full-depth mixture by either laboratory trial batch or field test data methods according to ACI 211.1, with materials to be used on Project, to provide normal-weight concrete with the following properties:




1. Compressive Strength: ASTM C1194: 6,500 psi minimum for products at 28 days.

2. Maximum Water-Cementitious Materials Ratio: 0.45.

E. Water Absorption: ASTM C 1195: 6% maximum by the cold water method, or 10% maximum by the boiling method for products at 28 days.

F. Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content complying with PCI MNL 117.

G. When included in design mixtures, add other admixtures to concrete mixtures according to manufacturer's written instructions.

2.11 MOLD FABRICATION

A. Molds: Accurately construct molds, mortar tight, of sufficient strength to withstand pressures due to concrete-placement operations and temperature changes and for prestressing and detensioning operations. Coat contact surfaces of molds with release agent before reinforcement is placed. Avoid contamination of reinforcement and prestressing tendons by release agent.

1. Place form liners accurately to provide finished surface texture indicated. Provide solid backing and supports to maintain stability of liners during concrete placement. Coat form liner with form-release agent.

B. Maintain molds to provide completed Landscape Architectural precast concrete units of shapes, lines, and dimensions indicated, within fabrication tolerances specified.

1. Form joints are not permitted on faces exposed to view in the finished work.

2. Edge and Corner Treatment: Uniformly chamfered.

2.12 FABRICATION

A. Cast-in Anchors, Inserts, Plates, Angles, and Other Anchorage Hardware: Fabricate anchorage hardware with sufficient anchorage and embedment to comply with design requirements. Accurately position for attachment of loose hardware, and secure in place during precasting operations. Locate anchorage hardware where it does not affect position of main reinforcement or concrete placement.




1. Weld-headed studs and deformed bar anchors used for anchorage according to AWS D1.1/D1.1M and AWS C5.4, "Recommended Practices for Stud Welding."

B. Furnish loose hardware items including steel plates, clip angles, seat angles, anchors, dowels, cramps, hangers, and other hardware shapes for securing Landscape Architectural precast concrete units to supporting and adjacent construction.

C. Cast-in reglets, slots, holes, and other accessories in Landscape Architectural precast concrete units as indicated on the Contract Drawings.

D. Cast-in openings larger than 10 inches in any dimension. Do not drill or cut openings or prestressing strand without Landscape Architect's approval.

E. Reinforcement: Comply with recommendations in PCI MNL 117 for fabricating, placing, and supporting reinforcement.

1. Clean reinforcement of loose rust and mill scale, earth, and other materials that reduce or destroy the bond with concrete. When damage to epoxy-coated reinforcing exceeds limits specified in ASTM A 775/A 775M, repair with patching material compatible with coating material and epoxy coat bar ends after cutting.

2. Accurately position, support, and secure reinforcement against displacement during concrete-placement and consolidation operations. Completely conceal support devices to prevent exposure on finished surfaces.

3. Place reinforcement to maintain at least 3/4-inch minimum coverage. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position while placing concrete. Direct wire tie ends away from finished, exposed concrete surfaces.

4. Place reinforcing steel and prestressing strand to maintain at least 3/4-inch minimum concrete cover. Increase cover requirements for reinforcing steel to 1-1/2 inches when units are exposed to corrosive environment or severe exposure conditions. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position while placing concrete. Direct wire tie ends away from finished, exposed concrete surfaces.

5. Install welded wire fabric in lengths as long as practicable. Lap adjoining pieces at least one full mesh spacing and wire tie laps, where required by design. Offset laps of adjoining widths to prevent continuous laps in either direction.

F. Reinforce Landscape Architectural precast concrete units to resist handling, transportation, and erection stresses.




G. Prestress tendons for Landscape Architectural precast concrete units by either pretensioning or post-tensioning methods. Comply with PCI MNL 117.

1. Delay detensioning or post-tensioning of precast, prestressed Landscape Architectural concrete units until concrete has reached its indicated minimum design release compressive strength as established by test cylinders cured under same conditions as concrete.

2. Detension pretensioned tendons either by gradually releasing tensioning jacks or by heat- cutting tendons, using a sequence and pattern to prevent shock or unbalanced loading.

3. If concrete has been heat cured, detension while concrete is still warm and moist to avoid dimensional changes that may cause cracking or undesirable stresses.

4. Protect strand ends and anchorages with bituminous, zinc-rich, or epoxy paint to avoid corrosion and possible rust spots.

H. Comply with requirements in PCI MNL 117 and requirements in this Section for measuring, mixing, transporting, and placing concrete. After concrete batching, no additional water may be added.

I. Place face mixture to a minimum thickness after consolidation of the greater of 1 inch or 1.5 times the maximum aggregate size, but not less than the minimum reinforcing cover specified.

J. Place concrete in a continuous operation to prevent seams or planes of weakness from forming in precast concrete units.

1. Place backup concrete mixture to ensure bond with face-mixture concrete.

K. Thoroughly consolidate placed concrete by internal and external vibration without dislocating or damaging reinforcement and built-in items, and minimize pour lines, honeycombing, or entrapped air on surfaces. Use equipment and procedures complying with PCI MNL 117.

1. Place self-consolidating concrete without vibration according to PCI TR-6, "Interim Guidelines for the Use of Self-Consolidating Concrete in Precast/Prestressed Concrete Institute Member Plants."

L. Comply with PCI MNL 117 for hot- and cold-weather concrete placement.




M. Identify pickup points of Landscape Architectural precast concrete units and orientation in structure with permanent markings, complying with markings indicated on Shop Drawings. Imprint or permanently mark casting date on each Landscape Architectural precast concrete unit on a surface that will not show in finished structure.

N. Cure concrete, according to requirements in PCI MNL 117, by moisture retention without heat or by accelerated heat curing using low-pressure live steam or radiant heat and moisture. Cure units until compressive strength is high enough to ensure that stripping does not have an effect on performance or appearance of final product.

O. Discard and replace Landscape Architectural precast concrete units that do not comply with requirements, including structural, manufacturing tolerance, and appearance, unless repairs meet requirements in PCI MNL 117 and Landscape Architect's approval.

2.13 FABRICATION TOLERANCES

A. Fabricate Landscape Architectural precast concrete units straight and true to size and shape with exposed edges and corners precise and true so each finished panel complies with PCI MNL 117 product tolerances as well as position tolerances for cast-in items.

B. Fabricate Landscape Architectural precast concrete units straight and true to size and shape with exposed edges and corners precise and true so each finished panel complies with the following product tolerances:

1. Overall Height and Width of Units, Measured at the Face Exposed to View: As follows:

a. 10 feet or under, plus or minus 1/8 inch .

b. 10 to 20 feet, plus 1/8 inch, minus 3/16 inch.

c. 20 to 40 feet, plus or minus 1/4 inch.

d. Each additional 10 feeT, plus or minus 1/16 inch.

2. Overall Height and Width of Units, Measured at the Face Not Exposed to View: As follows:

a. 10 feet or under, plus or minus 1/4 inch.




b. 10 to 20 feet, plus 1/4 inch, minus 3/8 inch.

c. 20 to 40 feet, plus or minus 3/8 inch.

d. Each additional 10 feet, plus or minus 1/8 inch.

3. Total Thickness or Flange Thickness: Plus 1/4 inch, minus 1/8 inch.

4. Variation from Square or Designated Skew (Difference in Length of the Two Diagonal Measurements): Plus or minus 1/8 inch per 72 inches or 1/2 inch total, whichever is greater.

5. Length and Width of Block-outs and Openings within One Unit: Plus or minus 1/4 inch.

6. Location and Dimension of Block-outs Hidden from View and Used for HVAC and Utility Penetrations: Plus or minus 3/4 inch.

7. Dimensions of Haunches: Plus or minus 1/4 inch.

8. Haunch Bearing Surface Deviation from Specified Plane: Plus or minus 1/8 inch (3 mm).

9. Difference in Relative Position of Adjacent Haunch Bearing Surfaces from Specified Relative Position: Plus or minus 1/4 inch.

10. Bowing: Plus or minus L/360, maximum 1 inch.

11. Local Smoothness: 1/4 inch per 10 feet .

12. Warping: 1/16 inch per 12 inches of distance from nearest adjacent corner.

13. Tipping and Flushness of Plates: Plus or minus 1/4 inch .

14. Dimensions of Landscape Architectural Features and Rustications: Plus or minus 1/8 inch.

C. Position Tolerances: For cast-in items measured from datum line location, as indicated on Shop Drawings.

1. Weld Plates: Plus or minus 1 inch.

2. Inserts: Plus or minus 1/2 inch.

3. Handling Devices: Plus or minus 3 inches.

4. Reinforcing Steel and Welded Wire Fabric: Plus or minus 1/4 inch where position has structural implications or affects concrete cover; otherwise, plus or minus 1/2 inch.

5. Reinforcing Steel Extending out of Member: Plus or minus 1/2 inch of plan dimensions.




6. Tendons: Plus or minus 1/4 inch (6 mm), vertical; plus or minus 1 inch, horizontal.

7. Location of Rustication Joints: Plus or minus 1/8 inch.

8. Location of Opening within Panel: Plus or minus 1/4 inch.

9. Location of Flashing Reglets: Plus or minus 1/4 inch.

10. Location of Flashing Reglets at Edge of Panel: Plus or minus 1/8 inch.

11. Reglets for Glazing Gaskets: Plus or minus 1/8 inch.

12. Electrical Outlets, Hose Bibs: Plus or minus 1/2 inch.

13. Location of Bearing Surface from End of Member: Plus or minus 1/4 inch.

14. Allowable Rotation of Plate, Channel Inserts, and Electrical Boxes: 2-degree rotation or 1/4 inch maximum over the full dimension of unit.

15. Position of Sleeve: Plus or minus 1/2 inch.

16. Location of Window Washer Track or Buttons: Plus or minus 1/8 inch.

2.14 FINISHES

A. Panel faces shall be free of joint marks, grain, and other obvious defects. Corners, including false joints shall be uniform, straight, and sharp. Finish exposed-face surfaces of Landscape Architectural precast concrete units to match approved sample panels and as follows:

1. Textured-Surface Finish: Impart by form liners or inserts to provide surfaces free of pockets, streaks, and honeycombs, with uniform color and texture.

B. Finish exposed top and back surfaces of Landscape Architectural precast concrete units to match face-surface finish.

C. Finish unexposed surfaces of Landscape Architectural precast concrete units by float finish.

2.15 SOURCE QUALITY CONTROL

A. Quality-Control Testing: Test and inspect precast concrete according to PCI MNL 117 requirements. If using self-consolidating concrete, also test and inspect according to PCI TR-6, "Interim Guidelines for the Use of Self-Consolidating Concrete in Precast/Prestressed Concrete Institute Member Plants."




B. Strength of precast concrete units will be considered deficient if units fail to comply with ACI 318 requirements for concrete strength.

C. Testing: If there is evidence that strength of precast concrete units may be deficient or may not comply with ACI 318 requirements, precaster will employ an independent testing agency to obtain, prepare, and test cores drilled from hardened concrete to determine compressive strength according to ASTM C 42/C 42M.

1. A minimum of three representative cores will be taken from units of suspect strength, from locations directed by Landscape Architect.

2. Cores will be tested in an air-dry condition.

3. Strength of concrete for each series of 3 cores will be considered satisfactory if average compressive strength is equal to at least 85 percent of 28-day design compressive strength and no single core is less than 75 percent of 28-day design compressive strength.

4. Test results will be made in writing on same day that tests are performed, with copies to Landscape Architect, Contractor, and precast concrete fabricator. Test reports will include the following:

a. Project identification name and number.

b. Date when tests were performed.

c. Name of precast concrete fabricator.

d. Name of concrete testing agency.

e. Identification letter, name, and type of precast concrete unit(s) represented by core tests; design compressive strength; type of break; compressive strength at breaks, corrected for length-diameter ratio; and direction of applied load to core in relation to horizontal plane of concrete as placed.

D. Patching: If core test results are satisfactory and precast concrete units comply with requirements, clean and dampen core holes and solidly fill with precast concrete mixture that has no coarse aggregate, and finish to match adjacent precast concrete surfaces.




PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine supporting structural frame or foundation and conditions for compliance with requirements for installation tolerances, true and level bearing surfaces, and other conditions affecting performance.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

C. Do not install precast concrete units until supporting cast-in-place building structural framing has attained minimum allowable design compressive strength or supporting steel or other structure is complete.

3.2 INSTALLATION

A. Install clips, hangers, bearing pads, and other accessories required for connecting Landscape Architectural precast concrete units to supporting members and backup materials.

B. Erect Landscape Architectural precast concrete level, plumb, and square within specified allowable tolerances. Provide temporary supports and bracing as required to maintain position, stability, and alignment as units are being permanently connected.

1. Install temporary steel or plastic spacing shims or bearing pads as precast concrete units are being erected. Tack weld steel shims to each other to prevent shims from separating.

2. Maintain horizontal and vertical joint alignment and uniform joint width as erection progresses.

3. Remove projecting lifting devices and grout fill voids within recessed lifting devices flush with surface of adjacent precast surfaces when recess is exposed.

4. Unless otherwise indicated, maintain uniform joint widths of 3/4 inch.

C. Connect Landscape Architectural precast concrete units in position by bolting, welding, grouting, or as otherwise indicated on Shop Drawings. Remove temporary shims, wedges, and spacers as soon as practical after connecting and grouting are completed.

1. Do not permit connections to disrupt continuity of roof flashing.




D. Welding: Comply with applicable AWS D1.1/D1.1M and AWS D1.4 for welding, welding electrodes, appearance, quality of welds, and methods used in correcting welding work.

1. Protect Landscape Architectural precast concrete units and bearing pads from damage by field welding or cutting operations, and provide noncombustible shields as required.

2. Welds not specified shall be continuous fillet welds, using no less than the minimum fillet as specified by AWS.

3. Clean weld-affected metal surfaces with chipping hammer followed by brushing, and apply a minimum 4.0-mil thick coat of galvanized repair paint to galvanized surfaces according to ASTM A 780.

4. Clean weld-affected metal surfaces with chipping hammer followed by brushing, and reprime damaged painted surfaces.

5. Remove, reweld, or repair incomplete and defective welds.

E. At bolted connections, use lock washers, tack welding, or other approved means to prevent loosening of nuts after final adjustment.

1. Where slotted connections are used, verify bolt position and tightness. For sliding connections, properly secure bolt but allow bolt to move within connection slot. For friction connections, apply specified bolt torque and check 25 percent of bolts at random by calibrated torque wrench.

F. Grouting Connections: Grout connections where required or indicated. Retain grout in place until hard enough to support itself. Pack spaces with stiff grout material, tamping until voids are completely filled. Place grout to finish smooth, level, and plumb with adjacent concrete surfaces. Keep grouted joints damp for not less than 24 hours after initial set. Promptly remove grout material from exposed surfaces before it affects finishes or hardens.

3.3 ERECTION TOLERANCES

A. Erect Landscape Architectural precast concrete units level, plumb, square, true, and in alignment without exceeding the noncumulative erection tolerances of PCI MNL 117, Appendix I.

B. Erect Landscape Architectural precast concrete units level, plumb, square, and true, without exceeding the following noncumulative erection tolerances:




1. Plan Location from Building Grid Datum: Plus or minus 1/2 inch.

2. Plan Location from Centerline of Steel: Plus or minus 1/2 inch.

3. Top Elevation from Nominal Top Elevation: As follows:

a. Exposed Individual Panel: Plus or minus 1/4 inch.

b. Non-Exposed Individual Panel: Plus or minus 1/2 inch.

c. Exposed Panel Relative to Adjacent Panel: 1/4 inch.

d. Non-Exposed Panel Relative to Adjacent Panel: 1/2 inch.

4. Support Elevation from Nominal Support Elevation: As follows:

a. Maximum Low: 1/2 inch.

b. Maximum High: 1/4 inch.

5. Maximum Plumb Variation over the Lesser of Height of Structure or 100 Feet : 1 inch.

6. Plumb in Any 10 Feet of Element Height: 1/4 inch .

7. Maximum Jog in Alignment of Matching Edges: 1/4 inch.

8. Joint Width (Governs over Joint Taper): Plus or minus 1/4 inch.

9. Maximum Joint Taper: 3/8 inch.

10. Joint Taper in 10 Feet: 1/4 inch.

11. Maximum Jog in Alignment of Matching Faces: 1/4 inch.

12. Differential Bowing or Camber, as Erected, between Adjacent Members of Same Design: 1/4 inch.

13. Opening Height between Spandrels: Plus or minus 1/4 inch.


A. Special Inspections: Engage a qualified special inspector to perform the following special inspections and prepare reports:

1. Erection of precast concrete members.




B. Testing Agency: Engage a qualified testing agency to perform tests and inspections and prepare test reports.

C. Field welds will be subject to visual inspections and nondestructive testing according to ASTM E 165 or ASTM E 709. High-strength bolted connections will be subject to inspections.

D. Testing agency will report test results promptly and in writing to Contractor and Landscape Architect.

E. Repair or remove and replace work where tests and inspections indicate that it does not comply with specified requirements.

F. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements.

3.5 REPAIRS

A. Repair Landscape Architectural precast concrete units if permitted by Landscape Architect. The Landscape Architect reserves the right to reject repaired units that do not comply with requirements.

B. Mix patching materials and repair units so cured patches blend with color, texture, and uniformity of adjacent exposed surfaces and show no apparent line of demarcation between original and repaired work, when viewed in typical daylight illumination from a distance of 20 feet.

C. Prepare and repair damaged galvanized coatings with galvanizing repair paint according to ASTM A 780.

D. Wire brush, clean, and paint damaged prime-painted components with same type of shop primer.

E. Remove and replace damaged Landscape Architectural precast concrete units when repairs do not comply with requirements.




3.6 CLEANING

A. Clean surfaces of precast concrete units exposed to view.

B. Clean mortar, plaster, fireproofing, weld slag, and other deleterious material from concrete surfaces and adjacent materials immediately.

C. Clean exposed surfaces of precast concrete units after erection and completion of joint treatment to remove weld marks, other markings, dirt, and stains.

1. Perform cleaning procedures, if necessary, according to precast concrete fabricator's recommendations. Clean soiled precast concrete surfaces with detergent and water, using stiff fiber brushes and sponges, and rinse with clean water. Protect other work from staining or damage due to cleaning operations.

2. Do not use cleaning materials or processes that could change the appearance of exposed concrete finishes or damage adjacent materials.

END OF SECTION 034500

SECTION 05 52 13 – STEEL FABRICATION


05 52 13 Steel Fabrication Page 1 of 7

Part 1 - General 1.1 Summary

A. This work shall consist of installing Stair Handrail at locations as shown in the Plans and Details and in accordance with these specifications, including the furnishing of all required equipment, materials and labor necessary. B. This section covers the fabrication and erection of structural and miscellaneous metal items not covered in other sections.

C. Except as otherwise specified or indicated on the drawings, all work shall conform to the applicable provisions of the AISC "Manual of Steel Construction - Allowable Stress Design", Parts 1, 2, 3, and 4, the AISC "Specification for Structural Steel Buildings". D. Special inspection during the fabrication and erection of structural steel, if required by the local building code, is addressed in the quality control section. E. Both inch-pound (English) and SI (metric) units of measurement are specified herein; the values expressed in inch-pound units shall govern.

1.2 SUBMITTALS

A. Complete data, fabrication drawings, and setting or erection drawings covering all structural and miscellaneous metal items shall be submitted in accordance with the submittals section. B. All bolted connections and welds shall be properly identified on the shop drawings. Welding procedures, welding procedure qualification records and welder qualifications shall be submitted. C. Submittals for high strength bolts, tension control bolts and load indicator washers shall include statements from the bolt and washer manufacturers certifying satisfactory compliance with the governing standards and the specified tests. D. Contractor shall provide a one linear foot (min.) sample of metal edge for approval. E. Contractor shall submit shop drawing of handrail for approval prior to installation.

1.3 DELIVERY, STORAGE, AND HANDLING:

A. Materials shall be handled, transported, and delivered in a manner which will prevent bends, dents, significant coating damage, or corrosion. Damaged materials shall be promptly replaced. Structural and miscellaneous metal work shall be stored on blocking so that no metal touches the ground and water cannot collect thereon. The material shall be protected against bending under its own weight or superimposed loads.

B. Bolting materials shall be stored indoors. Weld rod shall be stored in accordance with the supplier’s instructions and AWS D1.1.




1.4 PLANT CERTIFICATION

A. All fabricating plants providing structural steel shall be category Sbd certified in accordance with the AISC Quality Certification Program.

Part 2 - PRODUCTS 2.1 General.

A. All structural steel shall be detailed and fabricated to facilitate compliance with OSHA 29 CFRPart 1926 subpart R and all other pertinent OSHA and local safety regulations.

B. All field connection materials shall be furnished.

2.2 Materials

a. Steel

Other Shapes (angles) ASTM A36

Plates and Bars ASTM A36.

Sheets ASTM A1008 CS Type B or A1011 CS Type B.

Square and Rectangular Structural Tubing

ASTM A500, Grade B or C.

Bolts and Nuts

Bolts, High Strength ASTM A325, Type 1; tested in accordance with Article 9.2 thereof.

Bolts, Tension Control Type (Twist off)

ASTM F1852. Equivalent to ASTM A325

Bolts, unfinished ASTM A307.

Nuts, Heavy-Hex ASTM A563, grade and finish compatible with bolts.

Nuts, Self-Locking Prevailing torque type; IFI-100, Grade A.

Washers

Flat, Hardened ASTM F436, Type 1.




Lock ANSI/ASME B18.21.1, helical spring type.

Beveled ASTM F436.

Load Indicator ASTM F959, compressible-washer-type direct tension indicator; type compatible with bolts tested in accordance with Article 10.2 of ASTM F959.

Anchor Rods (hooked, or threaded and nutted)

ASTM F1554, Grade 55, with weldability supplement S1

Threaded Rods ASTM A36

Forged Steel Sleeve Nuts AISI C-1018, Grade 2

b. Weathering Steel ASTM-A588

c. Stainless Steel

Shapes ASTM A276, Type 316L.

Plates ASTM A240, Type 316L.

Pipe ASTM A312, Grade TP316L

Tube ASTM A269, Grade TP316L

Checkered Plate ASTM A793, stainless steel, raised pattern A

Bolts ASTM F593, Alloy Group 1 or 2

Nuts ASTM F594, Alloy Group 1 or 2

Washers

Flat ANSI/ASME B18.22.1, Type 316.

Lock ANSI/ASME B18.21.1, helical spring type, Type 316.

e. Weld Metal (Steel Connections) ANSI/AWS D1.1, Table 3.1, filler metal with minimum 70 ksi [482 MPa] tensile strength unless otherwise required.

f. Welded Headed Studs, Concrete ASTM A108 with a minimum 50,000 psi




Anchors, and Shear Connectors [344 MPa] yield strength and minimum 60,000 psi [413 MPa] tensile strength. TRW/Nelson or equal.

h. Shop Coatings

Universal Primer As indicated in protective coatings section.

Epoxy Enamel As indicated in protective coatings section.

Galvanizing ASTM A123, A153, A385.

2.3. Shop Coating. All structural and miscellaneous metal items shall be shop coated as specified herein. The requirements for field painting are covered in the protective coatings section.

a. Cleaning: Surfaces shall be dry and of proper temperature when coated, and shall

be free of grease, oil, dirt, dust, grit, rust, loose mill scale, weld flux, slag, weld spatter, and other objectionable substances. Articles to be galvanized shall be pickled before galvanizing. All other ferrous metal surfaces shall be cleaned by solvent, high-speed power wire brushing or by blasting to the extent recommended by the paint manufacturer and as required in the protective coatings section.

b. Edge Grinding: Sharp projections of cut or sheared edges of ferrous metals which

will be submerged in operation, except for items specified to be hot-dip galvanized, shall be ground to a radius as needed to ensure satisfactory paint adherence and as required in the protective coatings section.

d. Galvanizing: Steel materials required to be galvanized are indicated on the

drawings. All galvanizing shall be done by the hot-dip process after fabrication. An approved zinc-rich paint shall be used to touch up minor coating damage. Materials with significant coating damage shall be regalvanized or replaced.

Where galvanized bolts are indicated on the drawings or specified, the use of zinc-plated bolts will not be acceptable.

e. Stainless Steel: Unless otherwise specified, all items fabricated from stainless steel

shall be thoroughly cleaned and degreased after fabrication. Pickling or a light blast cleaning shall produce a modest etch and remove all embedded iron and heat tint. Surfaces shall be subjected to a 24 hour water test or a ferroxyl test to detect the presence of residual embedded iron and shall be retreated as needed to remove all traces of iron contamination. Surfaces shall be adequately protected during shipping and handling to prevent contact with iron or steel objects or surfaces.

f. Castings. Shop coating of miscellaneous iron castings will not be required.




g. Other Surfaces. Painting of zinc coated steel or bronze surfaces will not be required.

Part 3 - EXECUTION 3.1 Steel Erection. Steel shall be erected so that individual pieces are plumb, level, and

aligned within a tolerance of 1:500.

All members and parts, as erected, shall be free of warps, local deformations, and unauthorized bends. All parts shall be assembled accurately as indicated on the drawings. Light drifting will be permitted to draw parts together, but drifting to match unfair holes will not be permitted. Any enlargement of holes necessary to make connections in the field shall be done by reaming with twist drills and only with the approval of LANDSCAPE ARCHITECT. Enlarging holes by burning will not be permitted. Baseplates and railings shall be set level in exact position and grouted in place. All materials shall be erected in compliance with OSHA 29 CFR, Part 1926, Subpart R, and with all other applicable OSHA and local safety regulations.

a. Inspection and Testing. When the quality control section indicates that special inspections are required, such inspections shall be performed for field fabrication and erection of structural and miscellaneous metals, and for all structural steel field connections. The erector shall provide access as needed to facilitate all inspections and shall provide timely notification during erection when inspection milestones are approaching.

3.2 Steel Connections. Unless otherwise indicated on the drawings, bolted connections for

steel, as defined in the AISC manual, shall be made with ASTM A325 high strength bolts conforming to the "Specification for Structural Joints Using ASTM A325 or A490 Bolts" as approved by the Research Council on Structural Connections. The method of installation, pretensioning procedures, bolting equipment and tools shall likewise conform to the above referenced standard.

Except as otherwise indicated on the drawings or specified herein, bolted connections shall be bearing type with threads excluded from the shear plane. Slip critical connections shall be used in diagonal bracing connections, where slip critical connections are indicated on the drawings, and where oversize holes or slotted holes parallel to the direction of the load are used. Bolts in all steel connections, both bearing and slip critical, shall be fully pretensioned in accordance with the AISC standards unless specifically noted otherwise on the drawings. The turn-of-the-nut method or load-indicator washers shall be used to verify pretensioning of bolts in bearing type connections. When using turn-of-the-nut method the bolt, nut, and material shall be match marked. A wax lumber marker or paint shall be used to clearly mark the assembly. The calibrated wrench method of pretensioning bolts will not be permitted.




Tightening of each connection assembly shall progress systematically from the most rigid part of the joint toward the free edges until all have been sufficiently rotated or the load indicator washers on all bolts have been closed to the average gap stipulated by the load indicator washer manufacturer. If approved by the Landscape Architect, patented tension control type (twist-off) bolts may be used in bolted connections. Bolts shall be of equivalent size and strength to the indicated high strength bolts, and shall be installed in strict accordance with the manufacturer's instructions.

Bolt holes shall have a diameter nominally 1/16 inch [1.5 mm] larger than the nominal bolt diameter.

Contact surfaces of slip critical connections shall not be shop coated. Contact surfaces of bearing type connections may be shop coated. When assembled, all joint surfaces, including those adjacent to the bolt heads, nuts, or washers, shall be free of loose mill scale, dirt, burrs, oil, and other foreign material that would prevent solid seating of the parts. Beveled washers shall be used when the bearing faces of bolted parts have a slope of 1:20 or greater with respect to a plane perpendicular to the bolt axis. Bolt length shall be increased as needed to accommodate the beveled washers. Bolts, nuts, and washers shall be stainless steel when connected materials are weathered steel or where indicated on the drawings.

3.3 Miscellaneous Steel Connections. Connections for miscellaneous steel fabrications not

included in the AISC definition of structural steel may be made with unfinished bolts unless indicated otherwise on the drawings. Unless otherwise indicated on the drawings all unfinished bolts shall be snug tight.

3.4 Structural and Miscellaneous Steel Welding. Welding and related operations shall conform

to applicable provisions of the Structural Welding Code - Steel, AWS D1.1, of the American Welding Society. All welding shall be performed in accordance with written procedures, using only those joint details which have prequalified status when performed in accordance with AWS D1.1. All welding shall be performed by welders qualified in accordance with the American Welding Society for steel welding and American Society for Mechanical Landscape Architects Section IX for stainless steel welding.

All welds shall be visually inspected in accordance with AWS procedures. Welds not dimensioned on the drawings shall be sized to develop the full strength of the least strength component of the connection. Where structural or miscellaneous steel connections are welded, all butt and miter welds shall be continuous and, where exposed to view, shall be ground smooth. Intermittent welds shall have an effective length of at least 2 inches [50 mm] and shall be spaced not more than 6 inches [150 mm] apart.




Surfaces to be welded and surfaces within 2 inches [50 mm] of a weld shall be free from loose or thick scale, slag, rust, moisture, grease, paint and other foreign materials that would prevent proper welding or release objectionable fumes. Only shielded metal arc, gas metal arc, flux cored arc, submerged arc, and gas tungsten arc welding are permitted. For flux cored arc welding, only E70xx one (1) or five (5) wire electrodes with supplemental gas shielding shall be permitted. Use of electroslag or electrogas welding processes or the short-circuiting transfer mode of the gas metal arc process will not be acceptable. Field welded connections shall not be substituted for field bolted connections indicated on the drawings. Deformed bar anchors, headed studs, concrete anchors and shear connectors shall be welded with an automatic stud welding gun per the manufacturer’s recommendation. Hand

welding will not be acceptable.

SECTION 26 04 00 - COMMON REQUIREMENTS FOR ELECTRICAL

Omaha Metro-Creighton University Multi-Modal Facility 26 04 00 COMMON REQUIREMENTS FOR ELECTRICAL (Metro 2017 IDIQ - Work Order #3) Page 1 of 11

PART 1 GENERAL

1.1 SUMMARY

A. This section describes the general requirements of these specifications and shall apply to all phases of the work specified, shown on the drawings, or required to provide for complete installation of all systems for this project.

B. This Section includes basic materials and methods to complement other Division 26 Sections.

1.2 WARRANTIES

A. Warrant materials, workmanship and equipment against defects for a period of one year after the date of substantial completion.

B. Certain equipment shall be warranted beginning at the time of final acceptance or for longer periods of time as specified in those divisions of the Project Manual.

C. Repair or replace, at no additional cost to the Owner, any item which may become defective within the warrant period.

D. Any manufacturers' warranties concerning any item installed will run to the benefit of the Owner.

E. The Contractor agrees not to void or impair, or to allow Sub-Contractors to void or impair, any warranties regarding products or items installed as part of this project.

F. The repair of faulty workmanship shall be considered to be included in the contract.

1.3 QUESTIONS OF INTERPRETATION DURING BIDDING PHASE

A. If questions arise during the bidding process regarding the meaning of any portion of the contract documents, the prospective bidder shall submit the questions to the Architect or Engineer for clarification.

B. Any definitive interpretation or clarification of the contract documents will be published by addenda, properly issued to each person holding documents, prior to the bid date.

C. Verbal interpretation or explanation not issued in the form of an addendum shall not be considered part of the bidding documents.

D. When submitting questions for clarification, adequate time for issuance and delivery of addenda must be allowed.

E. The Architect or Engineer shall be the sole judge regarding interpretations of conflicts within contract documents.

1.4 CONTRACT DOCUMENT DISCREPANCIES

A. If any ambiguities should appear in the contract documents, request clarification from the Architect or Engineer before proceeding with the work.

B. If the Contractor fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a manner satisfactory to the Architect or Engineer.

C. Should a conflict occur within the contract documents, the Contractor is deemed to have estimated the more expensive way of doing the work unless a written clarification from the Architect or Engineer was requested and obtained before submission of proposed methods or materials.

D. The Architect or Engineer shall be the sole judge regarding interpretations of conflicts within contract documents.

1.5 DEFINITIONS

A. The following definitions shall apply throughout the contract documents:

1. Architect or Engineer: Architect or Engineer

2. Code: Applicable national, state and local codes

3. Mechanical: Plumbing, HVAC, & fire protection work required by the Contract Documents

4. Electrical: Electrical and fire alarm work required by the Contract Documents

5. Contractor: Any Contractor performing work required by the Contract Documents

05/18/2018

https://ea.nebraska.gov/files/doc/EA_Handbook.pdf



6. Indicated: Noted, scheduled or specified

7. Selected: Selected by the Architect or Engineer.

8. Provide: Furnish, install, connect and tested complete and ready for use

9. Furnish: Supply and deliver to the site ready for installation

10. Install: Install complete, per Contract Documents and manufacturer's requirements.

11. Finished Spaces: Spaces other than mechanical and electrical equipment rooms, furred spaces, pipe and duct shafts, unheated spaces immediately below roof, spaces above ceilings, unexcavated spaces, crawl spaces, and tunnels.

12. Exposed, Interior Installations: Exposed to view indoors. Examples include finished occupied spaces and mechanical equipment rooms.

13. Exposed, Exterior Installations: Exposed to view outdoors, or subject to outdoor ambient temperatures and weather conditions. Examples include rooftop locations.

14. Concealed, Interior Installations: Concealed from view and protected from physical contact by building occupants. Examples include above ceilings and in duct shafts.

15. Concealed, Exterior Installations: Concealed from view and protected from weather conditions and physical contact by building occupants, but subject to outdoor ambient temperatures. Examples include installations within unheated shelters.

16. Dry Locations: A location not normally subject to dampness or wetness. A location classified as dry may be temporarily subject to dampness or wetness, as in the case of a building under construction.

17. Damp Locations: Locations protected from weather and not subject to saturation with water or other liquids but subject to moderate degrees of moisture.

a. Examples of such locations include partially protected locations under canopies, marquees, roofed open porches, and like locations, and interior locations subject to moderate degrees of moisture, such as some basements, some barns, and some cold storage warehouses.

18. Wet Locations: Installations underground or in concrete slabs or masonry in direct contact with the earth; in locations subject to saturation with water or other liquids, such as vehicle washing areas; and in unprotected locations exposed to weather.

1.6 SYMBOLS

A. Items of equipment and materials are indicated on the drawings in accordance with the symbols on the plans.

1.7 ABBREVIATIONS

A. Refer to abbreviations list on the Drawings.

B. The following abbreviations apply throughout the Contract Documents:

1. ADA: Americans with Disabilities Act

2. ANSI: American National Standards Institute

3. ASHRAE: American Society of Heating, Refrigerating and Air Conditioning Engineers

4. ASME: American Society of Mechanical Engineers

5. ASTM Specification: Standard specifications of the American Society for Testing Materials

6. FM: Factory Mutual Engineering Corporation

7. IRI: Industrial Risk Insurers

8. NEC: National Electrical Code, latest edition

9. NEMA: National Electrical Manufacturers Association

10. NFPA: National Fire Protection Association

11. UL or Underwriters: Underwriters Laboratories, Inc.

1.8 CODES

A. The work shall be performed by persons skilled in the trade involved and shall be done in a manner consistent with normal industry standards.



B. The work shall conform to all applicable sections of currently adopted editions of the following codes, standards, and specifications:

1. International Building Code (IBC)

2. International Fire Code (IFC)

3. International Energy Conservation Code (IECC)

4. Safety and Health Regulations for Construction

5. Occupational Safety and Health Standards (OSHA), National Consensus Standards and Established Federal Standards

6. National Electrical Code (NEC)

7. National Electrical Safety Code (NESC)

8. National Fire Protection Association (NFPA)

9. Life Safety Code (NFPA 101)

10. Factory Mutual Global Engineering (FMG)

11. Underwriters' Laboratories, Inc. (UL)

12. National Electrical Manufacturers Association (NEMA)

13. Institute of Electrical and Electronics Engineers (IEEE)

14. Insulated Power Cable Engineers Association (IPCEA)

15. Electronic Industries Association (EIA)

16. Telecommunications Industry Association (TIA)

17. Building Industry Consulting Service International (BICSI)

18. Applicable national, state and local codes

C. Where there is a conflict between the code and the Contract Documents, the code shall have precedence only when it is more stringent than the Contract Documents.

1. Items that are allowed by the code but are less stringent than those specified shall not be substituted.

1.9 PERMITS

A. The Contractors shall familiarize themselves with requirements regarding permits, fees, etc., and shall comply with them.

B. Permits, licenses, inspections and arrangements required for the work shall be obtained by the Contractor at his expense.

C. Utilities shall be installed in accordance with the local rules and regulations. Charges shall be paid by the Contractor.

1.10 MATERIALS AND EQUIPMENT MANUFACTURERS

A. Options in selecting materials and equipment are limited by requirements of the contract documents and governing regulations. They are not controlled by industry traditions or procedures experienced on previous construction projects.

B. Materials and equipment shall be provided in accordance with the following:

1. Primary Design Products: Primary design products are those products around which the project was designed in terms of capacity, performance, physical size and quality.

2. Primary design products are indicated by use of a single manufacturer's name, model number or similar data on drawings or schedules or within the specifications.

3. Provide primary design products unless substitutions are made in accordance with the following paragraphs.

4. Acceptable Equivalent Substitutions: Acceptable equivalent substitutions are products of manufacturers other than those listed for the primary design products. Equivalent acceptable substitutions shall meet each of the following requirements:

a. The product shall be manufactured by one of the acceptable manufacturers listed in the Project Manual, drawings, or addenda.



b. The product shall meet or exceed the requirements of the contract documents in terms of quality, performance, suitability, appearance, and physical characteristics.

c. The Contractor providing the substitution shall bear the total cost of changes due to substitutions. These costs may include additional compensation to the Architect or Engineer for redesign and evaluation services, increased cost of work by the Owner or other Contractors, and similar considerations.

5. Performance Requirements: Where the contract documents list performance requirements or describe a product or assembly generically, provide products that comply with the specific requirements indicated and that are recommended by the manufacturer for the respective application.

6. Compliance with Standards, Codes and Regulations: Where the specifications require only compliance with an imposed standard, code or regulation, the Contractor has the option of selecting a product that complies with specification requirements, including the standards, codes and regulations.

C. Proposed substitutions will be judged on the basis of quality, performance, appearance and on the governing space limitations. The reputation of the manufacturer, delivery time requirements, and the availability of repair or replacement parts may also be considered.

D. The Architect or Engineer shall be the sole and final judge as to the suitability of substitution items.

1.11 SUBMITTALS

A. Shop Drawings, Product Data and Samples:

1. Other sections in the Project Manual shall be adhered to if more stringent than the following paragraphs.

2. When required by other sections of this Project Manual, submit shop drawings, product data or samples to the Architect or Engineer for review.

3. Submittals deemed unnecessary by the Architect or Engineer shall be returned indicating “No Action Taken”.

4. A completed copy of the transmittal form included with the Project Manual shall accompany each submittal.

5. Submittals shall be numbered consecutively.

6. Unless otherwise noted, submit one copy electronically of shop drawings and product data for review. Review comments will be returned electronically. A hard copy of the electronic submittal will be returned if requested.

7. Shop drawings are drawings, diagrams, schedules and other data specifically prepared for this project by the Contractor, Manufacturer, Supplier, or Distributor to illustrate some portion of the work. Shop Drawings shall also detail fabrication and installation for metal and wood supports and anchorage for mechanical materials and equipment.

a. Shop drawings shall be drawn to accurate scale and of adequate size to illustrate required details.

8. Product data are illustrations, standard schedules, performance charts, instruction brochures, diagrams and other information furnished by the Contractor, Manufacturer, Supplier, or Distributor to illustrate a material, product or system for some portion of the work.

9. Each submittal shall clearly indicate proposed items, capacities, characteristics and details in conformance with contract documents. Equipment items shall be marked with the same item number as used on drawings or schedules. Capacities, dimensions and special features required shall be certified by the manufacturer.

10. The Architect or Engineer shall review or take other appropriate action upon the Contractor's submittals such as shop drawings, product data and samples, but only to determine conformance with the design concept of the work and the information given in the contract documents.

11. Contractor shall not be relieved of responsibility for any deviation from the requirements of the contract documents by the Architect or Engineer's review of shop drawings, product data or samples.



12. Contractor shall not be relieved from responsibility for errors or omissions in the shop drawings, product data or samples by the Architect or Engineer's review of those drawings.

13. No portion of the work requiring submission of a shop drawing, product data or sample shall be commenced until the submittal has been reviewed by the Architect or Engineer. Such portions of the work shall be in accordance with reviewed submittals.


A. Conform to the requirements of NFPA 70.

B. Products: Listed and classified by Underwriters Laboratories Inc. or testing firm acceptable to the authority having jurisdiction as suitable for the purpose specified and indicated.

1.13 COORDINATION

A. Coordinate chases, slots, inserts, sleeves, and openings with general construction work and arrange in building structure during progress of construction to facilitate the electrical installations that follow.

1. Set inserts and sleeves in poured-in-place concrete, masonry work, and other structural components as they are constructed.

B. Sequence, coordinate, and integrate installing electrical materials and equipment for efficient flow of the Work. Coordinate installing large equipment requiring positioning before closing in the building.

C. Coordinate location of access panels and doors for electrical items that are concealed by finished surfaces.

D. Coordinate electrical testing of electrical, mechanical, and architectural items, so equipment and systems that are functionally interdependent are tested to demonstrate successful interoperability.

PART 2 PRODUCTS

2.1 PERFORMANCE, CAPACITIES AND CHARACTERISTICS

A. See Drawings for Equipment Schedules for Equipment Performance Requirements when capacities and characteristics are not indicated in the specifications.

2.2 MATERIALS

A. Unless otherwise specified, all materials and equipment shall be new, unused and undamaged. Materials and equipment shall be the current and standard designs of manufacturers regularly engaged in their production.

2.3 MATERIALS AND EQUIPMENT FURNISHED BY OTHERS

A. Where materials and equipment are indicated as furnished by others and installed or connected under this contract, it shall be the Contractor's responsibility to verify installation details and requirements.

2.4 QUANTITY OF SPECIFIED ITEMS REQUIRED

A. Wherever in these specifications an article, device or piece of equipment is referred to in the singular number; such reference shall apply to as many such articles as are shown on the drawings or required to complete the installation.

2.5 CONCRETE BASES

A. Concrete: 3000-psi, 28-day compressive strength.

B. Forms: 3-1/2 inch minimum height, 3/4 inch chamfered edge at top of form.

C. Reinforcement: 6 x 6 x 10/10 welded wire fabric.



2.6 BACKFILL MATERIAL AND MIXES

A. Earth Fill: Approved type of soil classified, in accordance with ASTM D2487, as GW, GP, GM, GC, SW, SP, SM. SC, ML or CL, and free of foreign substances, obtained from excavation on this project or other approved source, and having a plasticity index between 7.5 and 17.

B. Granular Fill: Granular fill shall include clean, natural or prepared gravels, gravel-sand mixtures, sands or gravelly sands with little or no fines. A minimum of 95% shall be retained on a No. 200 sieve.

C. Pea Gravel: Pea gravel shall consist of clean, hard, round particles of crushed stone, crushed or uncrushed gravel with the following gradation:

Sieve Size Percent Passing 3/8 inch 85 - 95

#4 55 - 15 #8 0 - 2

D. Crushed Rock: Crushed rock shall consist of clean, hard, particles of crushed limestone, dolomite, granite, quartzite, or other approved rock. It shall have a percentage of wear of not more than 45 and a percent loss of not more than 30 at the end of 16 cycles of the freezing and thawing test. Gradation for crushed rock shall be as follows:

Sieve Size Percent Retained 1-1/2 inch 0 3/4 inch 5 - 35 3/8 inch 30 - 64

#10 70 - 90 #200 90 - 100

PART 3 EXECUTION

3.1 GENERAL

A. Fabrication, erection, and installation of the complete electrical system shall be done by qualified personnel experienced in such work and shall proceed in an orderly manner so as not to hold up the progress of the project.

B. Check areas and surfaces where electrical equipment or materials are to be installed and report any unsatisfactory conditions before starting work.

C. Commencement of work signifies the Contractor's acceptance of the conditions as fit and proper for the execution of the electrical work.

D. Install equipment and systems in accordance with manufacturer's instructions, requirements, or recommendations.

E. Comply with NECA 1.

F. Unless otherwise noted, measure indicated mounting heights to bottom of unit for suspended items and to center of unit for wall-mounting items.

G. Equipment: Install to facilitate service, maintenance, and repair or replacement of components of both electrical equipment and other nearby installations. Connect in such a way as to facilitate future disconnecting with minimum interference with other items in the vicinity.

H. Right of Way: Give to raceways and piping systems installed at a required slope.

I. Materials and Components: Install level, plumb, and parallel and perpendicular to other building systems and components, unless otherwise indicated.



3.2 DELIVERY AND STORAGE OF MATERIALS

A. Make provisions for the delivery and safe storage of materials. Make the required arrangements with other contractors for the introduction into the building of equipment too large to pass through finished openings.

B. Materials shall be delivered at such stages of the work as will expedite the work as a whole and shall be marked and stored in such a way as to be easily checked and inspected.

C. Adequately protect supplies and equipment during cold weather.

D. Protect items subject to cold weather damage by covering, insulating, or storing in a heated space.

3.3 COOPERATION WITH OTHER CONTRACTORS

A. Perform the electrical work in conformance with the construction called for by other trades and afford other contractors reasonable opportunity for the execution of their work.

B. Properly connect and coordinate the electrical work with the work of other contractors at such time and in such a manner as not to delay or interfere with their work.

C. Examine the contract documents for the General, Mechanical, and Electrical work and the work of other trades. Coordinate work accordingly.

D. Promptly report to the Architect or Engineer any delay or difficulties encountered in the installation of the electrical work which might prevent prompt and proper installation of work required from other trades.

3.4 COORDINATION OF WORK

A. Plan work so it proceeds with a minimum of interference with other trades.

B. Inform the General Contractor of all openings required in the building construction for the installation of the electrical work.

C. Cooperate with other contractors in furnishing material and information, in proper sequence, for the correct location of sleeves, inserts, foundations, wiring, etc.

D. Make provisions for special frames, openings, and sleeves as required.

E. The Electrical Contractor shall pay for extra cutting and patching made necessary by his failure to properly direct such work at the correct time.

3.5 LAYING OUT WORK

A. Carefully lay out work in advance of installation using data and measurements from the site, the appropriate architectural and structural drawings, and shop drawings.

B. Confirm code required clearances.

C. Do not infringe upon space required for operation, maintenance, or clearance for items installed by other contractors.

D. Prior to installation of any work, make certain the location does not conflict with other items in or near the same location.

E. If the layouts so prepared indicate that the required conditions cannot be met in the space provided, inform the Architect or Engineer prior to installation and request clarification.

F. Failure to properly coordinate and lay out work will require correction by the Contractor at the Contractor’s expense

3.6 DATA AND MEASUREMENTS

A. Mechanical and electrical drawings are diagrammatic or schematic. Do not scale drawings.

B. The data given herein and on the drawings is as accurate as could be secured; absolute accuracy is not guaranteed.

C. Obtain exact locations, measurements, levels, etc., at the site and adapt their work to actual conditions.

D. Examine the general construction, mechanical, electrical, and other applicable drawings and the Specifications.

E. Utilize only architectural drawings, structural drawings, and site measurements in calculations.



F. Layout and coordinate work prior to installation to provide clearances for operation, maintenance and codes. Verify non-interference with other work.

G. Install boxes or plaster rings such that the front edge extends to the finished surface of the wall, ceiling or floor without projecting beyond the surface.

H. Locate individual devices or pieces of equipment, unless otherwise specified, so the operating handle, lever or button is located approximately 5 feet above finished floor. Coordinate heights of electrical items with work furnished by other trades to avoid interferences.

I. Improperly located devices or outlets shall be relocated by the Contractor at the Contractor’s expense including necessary patching.

3.7 PROTECTION OF APPARATUS

A. Take necessary precautions to properly protect apparatus, fixtures, appliances, material, equipment, and installations from damage.

B. Failure to provide such protection to the satisfaction of the Architect or Engineer shall be sufficient cause for the rejection of any particular piece(s) of material, apparatus, equipment, etc., concerned.

3.8 FIRESTOPPING

A. Apply firestopping to electrical penetrations of fire-rated floor and wall assemblies to maintain fire-resistance rating of assembly.

3.9 CONCRETE BASES

A. Construct concrete bases of dimensions indicated, but not less than 4 inches larger, in both directions, than supported unit.

B. Follow supported equipment manufacturer's anchorage recommendations and setting templates for anchor-bolt and tie locations, unless otherwise indicated.

C. Dowel to structural slab.

D. Provide a reinforced concrete pad for the utility company transformer.

1. Size as required by the power company or as indicated on the drawings.

2. Power company requirements shall take precedence over transformer pad details indicated on the drawings.

3. Pour pad flat and level with all required conduit openings.

4. Increase the transformer pad thickness required by the power company as required such that the top of the pad is 8 inches above finished grade. Maintain the required depth of concrete below grade.

3.10 EXCAVATION

A. Perform excavation of every description and of whatever substances encountered, to the depths required or indicated on the drawings, in accordance with OSHA.

B. During excavation, deposit material suitable for backfill in an orderly manner a sufficient distance from the excavation banks to avoid overloading and to prevent slides or cave-ins.

C. Dispose of material unsuitable for backfill as directed by the Architect or Engineer.

D. Grade as necessary to prevent surface water from flowing into trenches or other excavations, and remove any water accumulating therein by pumping or by other acceptable method.

E. Fill any excess excavation below the levels indicated for structures or raceways with sand, gravel or concrete.

F. Unsuitable Material:

1. Where the bottom of the trench is found to be unstable or to include ashes, cinders, any types of refuse, vegetable or other organic material, or large pieces or fragments of inorganic material, which in the judgment of the Architect or Engineer should be removed, excavate and remove such unsuitable material to a minimum depth of 12 inches below the conduit.



2. Backfill the trench with selected bedding material and compact to provide uniform and continuous bearing for the conduit.

3. Dispose of the unsuitable material.

G. Shoring Requirements:

1. Perform shoring and sheeting that is required to protect the excavation and to safeguard employees in accordance with OSHA.

2. Widen excavation to provide for space occupied by shoring and sheeting.

3. Shoring shall meet the requirements of applicable codes and regulations.

H. Dewatering:

1. Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area.

2. Do not allow water to accumulate in excavations.

3. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades and foundations.

4. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations.

5. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rain water and water removed from excavations to collecting or runoff areas.

6. Do not use trench excavations as temporary drainage ditches.

3.11 BACKFILL

A. Do not backfill until required inspections are made and tests are performed for the specific utility.

B. Backfill with the excavated materials specified for backfilling, consisting of earth, loam, sandy clay, sand and gravel or other materials, free from large clods of earth or stones.

C. Do not use broken concrete as backfill materials.

D. Do not backfill in freezing weather or with frozen material.

E. Adjust the moisture content of the backfill material if required for proper compaction.

F. Reopen any trenches improperly backfilled, or where settlement occurs, to the depth required for proper compaction, refill and compact to specified density.

G. Compact backfill for structures to the specified density.

H. During the backfilling of each exterior underground conduit system, install continuous underground type plastic line markers.

1. Locate markers directly over the buried conduit at 12 inches to 18 inches below finished grade.

2. Where multiple small conduits are buried in common trenches and do not exceed an overall trench width of 16 inches, install a single line marker.

I. Deposit suitable backfill material around the conduit in 6-inch layers and thoroughly compact by hand, machine tamper, or other suitable equipment.

J. Backfill to at least 90 percent of maximum density at optimum moisture content determined by ASTM D698 until the conduit has a minimum cover of 2 feet.

K. The moisture content of the soil at time of compaction shall be not more than 3 percent above or 3 percent below the optimum.

L. Be careful not to disturb the conduit.

M. Carry backfilling on simultaneously on both sides of the conduit to eliminate the possibility of lateral displacement.

N. Return surface to original condition.

3.12 WORK IN EXISTING BUILDINGS

A. Execute work in the existing building, indicated on the drawings or specified herein, with a minimum amount of interference with the normal activities of the occupants of the building.

B. Schedule work in advance with the Owner and proceed only with the Owner’s written approval.



C. Utilities:

1. Do not interrupt utilities without the Owner’s prior written approval regarding the time and duration of such interruptions.

2. Do not disconnect utilities to existing facilities until new or temporary facilities are installed except for short periods of interruption which are necessary for the performance of the new work and which are approved by the Owner.

3. Storm water may be temporarily diverted to surface drainage provided such drainage is arranged to prevent flooding of structures, basements and excavations for construction.

D. Noisy Operations:

1. Schedule noisy operations, such as those involving use of air hammers, etc., in demolition or cutting of openings, with the Owner.

E. Occupancy:

1. The Owner will continue to occupy the building and carry on normal activity.

2. Protect the occupied areas from dust, smoke, etc., by a method reviewed by the Architect or Engineer.

F. Owner’s Right to Direct Work: The Owner shall have the right to direct the places of beginning work, its prosecution, and the manner in which all work under this contract is to be conducted, insofar as may be necessary to secure the safe and proper progress and quality of the work.

G. Existing Conduits or Electrical Equipment:

1. Remove or relocate, as required, or as directed by the Architect or Engineer, existing conduit or electrical equipment which would interfere with the proper installation of new work.

2. Modify existing work in conformance with these specifications.

3. Use the same materials as for new work unless otherwise specified.

3.13 DEMOLITION AND REMODEL

A. Protect existing electrical equipment and installations indicated to remain.

B. If damaged or disturbed in the course of the Work, remove damaged portions and install new products of equal capacity, quality, and functionality.

C. Accessible Work: Remove exposed electrical equipment and installations, indicated to be demolished, in their entirety.

D. Abandoned Work: Cut and remove buried raceway and wiring, indicated to be abandoned in place, 2 inches below the surface of adjacent construction. Cap raceways and patch surface to match existing finish.

E. Remove demolished material from Project site.

F. Remove, store, clean, reinstall, reconnect, and make operational components indicated for relocation.

G. Remove existing lights, receptacles, switches, etc., indicated on plans or which are not indicated but must be removed to accommodate demolition or new remodeling.

H. Where existing walls are indicated to be removed, disconnect power to electrical devices and associated appurtenances relating to the walls.

I. Maintain circuit continuity up and down stream from removed outlets.

J. Extend circuiting to up and downstream devices and reconnect as required.

K. Where existing site lighting fixtures are removed, verify the routing of existing circuits. Maintain circuit continuity between existing fixtures which remain.

L. In areas which are remodeled, replace existing wire with new wire. No existing wire is permitted to remain unless noted.

M. Existing concealed conduit and boxes may be reused.

N. Verify existing conditions in field prior to bid date.

3.14 CUTTING AND PATCHING

A. Cut, channel, chase, and drill floors, walls, partitions, ceilings, and other surfaces required to permit electrical installations.



B. Perform cutting by skilled mechanics of trades involved.

C. Repair and refinish disturbed finish materials and other surfaces to match adjacent undisturbed surfaces.

D. Install new fireproofing where existing firestopping has been disturbed.

E. Repair and refinish materials and other surfaces by skilled mechanics of trades involved.


A. Inspect installed components for damage and faulty work. Repair as necessary.

3.16 CLEANING AND PROTECTION

A. Remove burrs, dirt, paint spots, and construction debris from electrical items.

B. Protect electrical items so that finishes are without damage or deterioration at time of Substantial Completion.


SECTION 26 05 19 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

26 05 19 LOW-VOLTAGE ELECTRICAL POWER Omaha Metro-Creighton University Multi-Modal Facility CONDUCTORS AND CABLES (Metro 2017 IDIQ - Work Order #3) Page 1 of 5

PART 1 GENERAL


A. Single conductor building wire.

B. Wiring connectors.

C. Electrical tape.

D. Heat shrink tubing.

1.2 REFERENCE STANDARDS

A. ASTM B3 - Standard Specification for Soft or Annealed Copper Wire.

B. ASTM B8 - Standard Specification for Concentric-Lay-Stranded Copper Conductors, Hard, Medium-Hard, or Soft.

C. ASTM B33 - Standard Specification for Tin-Coated Soft or Annealed Copper Wire for Electrical Purposes.

D. ASTM B787/B787M - Standard Specification for 19 Wire Combination Unilay-Stranded Copper Conductors for Subsequent Insulation.

E. ASTM D3005 - Standard Specification for Low-Temperature Resistant Vinyl Chloride Plastic Pressure-Sensitive Electrical Insulating Tape.

F. NECA 1 - Standard for Good Workmanship in Electrical Construction.

G. NEMA WC 70 - Power Cables Rated 2000 Volts or Less for the Distribution of Electrical Energy.

H. NFPA 70 - National Electrical Code.

I. UL 44 - Thermoset-Insulated Wires and Cables.

J. UL 83 - Thermoplastic-Insulated Wires and Cables.

K. UL 486A-486B - Wire Connectors.

L. UL 486C - Splicing Wire Connectors.

M. UL 486D - Sealed Wire Connector Systems.

N. UL 510 - Polyvinyl Chloride, Polyethylene, and Rubber Insulating Tape.

1.3 ADMINISTRATIVE REQUIREMENTS

A. Coordination:

1. Coordinate sizes of raceways, boxes, and equipment enclosures installed under other sections with the actual conductors to be installed, including adjustments for conductor sizes increased for voltage drop.

2. Coordinate with electrical equipment installed under other sections to provide terminations suitable for use with the conductors to be installed.

3. Notify Architect or Engineer of any conflicts with or deviations from the contract documents. Obtain direction before proceeding with work.


A. Conform to requirements of NFPA 70.


A. Receive, inspect, handle, and store conductors and cables in accordance with manufacturer's instructions.

PART 2 PRODUCTS

2.1 CONDUCTOR AND CABLE GENERAL REQUIREMENTS

A. Provide products that comply with requirements of NFPA 70.

B. Provide products listed, classified, and labeled as suitable for the purpose intended.

C. Unless specifically indicated to be excluded, provide all required conduit, boxes, wiring, connectors, etc. as required for a complete operating system.

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ASTM%20B3



http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ASTM%20B787/B787M

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ASTM%20D3005

https://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=NECA%20NEIS%201

https://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ANSI/NEMA%20WC%2070

https://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=NFPA%2070

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%2044


http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%20486A-486B

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%20486C

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%20486D






D. Comply with NEMA WC 70.

E. Thermoplastic-Insulated Conductors and Cables: Listed and labeled as complying with UL 83.

F. Thermoset-Insulated Conductors and Cables: Listed and labeled as complying with UL 44.

G. Conductor Material:

1. Provide copper conductors only. Aluminum conductors are not acceptable for this project. Conductor sizes indicated are based on copper.

2. Copper Conductors: Soft drawn annealed, 98 percent conductivity, uncoated copper conductors complying with ASTM B3, ASTM B8, or ASTM B787/B787M unless otherwise indicated.

3. Tinned Copper Conductors: Comply with ASTM B33.

H. Minimum Conductor Size:

1. Branch Circuits: 12 AWG.

2. Control Circuits: 14 AWG.

I. Conductor Color Coding:

1. Color code conductors as indicated unless otherwise required by the authority having jurisdiction. Maintain consistent color coding throughout project.

2. Color Coding Method: Integrally colored insulation.

a. Conductors size 4 AWG and larger may have black insulation color coded using vinyl color coding electrical tape.

3. Color Code:

a. 480Y/277 V, 3 Phase, 4 Wire System:

1) Phase A: Brown.

2) Phase B: Orange.

3) Phase C: Yellow.

4) Neutral/Grounded: Gray.

b. 208Y/120 V, 3 Phase, 4 Wire System:

1) Phase A: Black.

2) Phase B: Red.

3) Phase C: Blue.

4) Neutral/Grounded: White.

c. Equipment Ground, All Systems: Green.

d. For control circuits, comply with manufacturer's recommended color code.

2.2 SINGLE CONDUCTOR BUILDING WIRE

A. Description: Single conductor insulated wire.

B. Conductor Stranding:

1. Feeders and Branch Circuits:

a. Size 10 AWG and Smaller: Solid.

b. Size 8 AWG and Larger: Stranded.

C. Insulation Voltage Rating: 600 V.

D. Insulation:

1. Copper Building Wire: Type THHN/THWN or THHN/THWN-2, except as indicated below.

a. Installed Underground: Type XHHW-2 or THHN/THWN-2.

2.3 WIRING CONNECTORS

A. Description: Wiring connectors appropriate for the application, suitable for use with the conductors to be connected, and listed as complying with UL 486A-486B or UL 486C as applicable.

B. Wiring Connectors for Splices and Taps:

1. Copper Conductors Size 8 AWG and Smaller: Use twist-on insulated spring connectors.

2. Copper Conductors Size 6 AWG and Larger: Use mechanical connectors or compression connectors.

https://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ANSI/NEMA%20WC%2070





http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ASTM%20B787/B787M


http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%20486A-486B

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%20486C



C. Wiring Connectors for Terminations:

1. Provide terminal lugs for connecting conductors to equipment furnished with terminations designed for terminal lugs.

2. Where over-sized conductors are larger than the equipment terminations can accommodate, provide connectors suitable for reducing to appropriate size, but not less than required for the rating of the overcurrent protective device.

D. Do not use insulation-piercing or insulation-displacement connectors designed for use with conductors without stripping insulation.

E. Do not use push-in wire connectors as a substitute for twist-on insulated spring connectors.

F. Twist-on Insulated Spring Connectors: Rated 600 V, 221 degrees F for standard applications and 302 degrees F for high temperature applications; pre-filled with sealant and listed as complying with UL 486D for damp and wet locations.

G. Mechanical Connectors: Provide bolted type or set-screw type.

H. Compression Connectors: Provide circumferential type or hex type crimp configuration.

2.4 WIRING ACCESSORIES

A. Electrical Tape:

1. Vinyl Color Coding Electrical Tape: Integrally colored to match color code indicated; listed as complying with UL 510; minimum thickness of 7 mil; resistant to abrasion, corrosion, and sunlight; suitable for continuous temperature environment up to 221 degrees F.

2. Vinyl Insulating Electrical Tape: Complying with ASTM D3005 and listed as complying with UL 510; minimum thickness of 7 mil; resistant to abrasion, corrosion, and sunlight; conformable for application down to 0 degrees F and suitable for continuous temperature environment up to 221 degrees F.

B. Heat Shrink Tubing: Heavy-wall, split-resistant, with factory-applied adhesive; rated 600 V; suitable for direct burial applications; listed as complying with UL 486D.

C. Wire Pulling Lubricant: Listed; suitable for use with the conductors or cables to be installed and suitable for use at the installation temperature.

PART 3 EXECUTION

3.1 EXAMINATION

A. Verify that interior of building has been protected from weather.

B. Verify that work likely to damage wire and cable has been completed.

C. Verify that raceways, boxes, and equipment enclosures are installed and are properly sized to accommodate conductors and cables in accordance with NFPA 70.

D. Verify that field measurements are as indicated.

E. Verify that conditions are satisfactory for installation prior to starting work.

3.2 PREPARATION

A. Clean raceways thoroughly to remove foreign materials before installing conductors and cables.

3.3 INSTALLATION

A. Circuiting Requirements:

1. When circuit destination is indicated without specific routing, determine exact routing required.

2. Arrange circuiting to minimize splices.

3. Maintain separation of Class 1, Class 2, and Class 3 remote-control, signaling, and power-limited circuits in accordance with NFPA 70.

4. Maintain separation of wiring for emergency systems in accordance with NFPA 70.



http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ASTM%20D3005









5. Circuiting Adjustments: Unless otherwise indicated, when branch circuits are indicated as separate, combining them together in a single raceway is permitted, under the following conditions:

a. Provide no more than 6 #12 AWG current-carrying conductors in 1/2 inch conduit; 9 #12 AWG current-carrying conductors in 3/4 inch conduit.

b. Provide no more than 6 #10 AWG current-carrying conductors in 3/4 inch conduit; 9 #10 AWG current-carrying conductors in 1 inch conduit.

c. Provide no more than 4 #8 AWG current-carrying conductors in 3/4 inch conduit; 6 #8 AWG current-carrying conductors in 1 inch conduit; 9 #8 AWG current-carrying conductors in 1-1/4 inch conduit.

6. Common Neutrals: Unless otherwise indicated, sharing of neutral/grounded conductors among single phase branch circuits of different phases installed in the same raceway is not permitted. Provide dedicated neutral/grounded conductor for each individual branch circuit.

B. Install products in accordance with manufacturer's instructions.

C. Perform work in accordance with NECA 1 (general workmanship).

D. Installation in Raceway:

1. Pull all conductors and cables together into raceway at same time.

2. Do not damage conductors and cables or exceed manufacturer's recommended maximum pulling tension and sidewall pressure.

3. Use suitable wire pulling lubricant where necessary, except when lubricant is not recommended by the manufacturer.

E. Paralleled Conductors: Install conductors of the same length and terminate in the same manner.

F. Install conductors with a minimum of 6 inches of slack at each outlet.

G. Neatly train and bundle conductors inside boxes, wireways, panelboards and other equipment enclosures.

H. Group or otherwise identify neutral/grounded conductors with associated ungrounded conductors inside enclosures in accordance with NFPA 70.

I. Make wiring connections using specified wiring connectors.

1. Make splices and taps only in accessible boxes. Do not pull splices into raceways or make splices in conduit bodies.

2. Remove appropriate amount of conductor insulation for making connections without cutting, nicking or damaging conductors.

3. Do not remove conductor strands to facilitate insertion into connector.

4. Clean contact surfaces on conductors and connectors to suitable remove corrosion, oxides, and other contaminates. Do not use wire brush on plated connector surfaces.

5. Mechanical Connectors: Secure connections according to manufacturer's recommended torque settings.

6. Compression Connectors: Secure connections using manufacturer's recommended tools and dies.

J. Insulate splices and taps that are made with uninsulated connectors using methods suitable for the application, with insulation and mechanical strength at least equivalent to unspliced conductors.

1. Dry Locations: Use insulating covers specifically designed for the connectors or heat shrink tubing.

2. Damp Locations: Use insulating covers specifically designed for the connectors or heat shrink tubing.

a. For connections with insulating covers, apply outer covering of moisture sealing electrical tape.

3. Wet Locations: Use heat shrink tubing.

K. Insulate ends of spare conductors using vinyl insulating electrical tape.

L. Field-Applied Color Coding: Where vinyl color coding electrical tape is used in lieu of integrally colored insulation as permitted in Part 2 under "Color Coding", apply half overlapping turns of tape at each termination and at each location conductors are accessible.





M. Identify conductors and cables in accordance with Section 26 05 53.

N. Install firestopping to preserve fire resistance rating of partitions and other elements.

O. Unless specifically indicated to be excluded, provide final connections to all equipment and devices, including those furnished by others, as required for a complete operating system.


SECTION 26 05 33.13 - CONDUIT

Omaha Metro-Creighton University Multi-Modal Facility 26 05 33.13 CONDUIT (Metro 2017 IDIQ - Work Order #3) Page 1 of 5

PART 1 GENERAL


A. Flexible metal conduit (FMC).

B. Liquidtight flexible metal conduit (LFMC).

C. Electrical metallic tubing (EMT).

D. Rigid polyvinyl chloride (PVC) conduit.

E. Conduit fittings.

F. Accessories.


A. ANSI C80.3 - American National Standard for Electrical Metallic Tubing -- Steel (EMT-S).

B. NECA 1 - Standard for Good Workmanship in Electrical Construction.

C. NECA 111 - Standard for Installing Nonmetallic Raceways (RNC, ENT, LFNC).

D. NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit, Electrical Metallic Tubing, and Cable.

E. NEMA TC 2 - Electrical Polyvinyl Chloride (PVC) Conduit.

F. NEMA TC 3 - Polyvinyl Chloride (PVC) Fittings for Use with Rigid PVC Conduit and Tubing.

G. NFPA 70 - National Electrical Code.

H. UL 1 - Flexible Metal Conduit.

I. UL 360 - Liquid-Tight Flexible Steel Conduit.

J. UL 514B - Conduit, Tubing, and Cable Fittings.

K. UL 651 - Schedule 40, 80, Type EB and A Rigid PVC Conduit and Fittings.

L. UL 797 - Electrical Metallic Tubing-Steel.


A. Coordination:

1. Coordinate minimum sizes of conduits with the actual conductors to be installed, including adjustments for conductor sizes increased for voltage drop.

2. Coordinate the arrangement of conduits with structural members, ductwork, piping, equipment and other potential conflicts installed under other sections or by others.

3. Verify exact conduit termination locations required for boxes, enclosures, and equipment installed under other sections or by others.

4. Coordinate the work with other trades to provide roof penetrations that preserve the integrity of the roofing system and do not void the roof warranty.


B. Sequencing:

1. Do not begin installation of conductors and cables until installation of conduit is complete between outlet, junction and splicing points.




A. Receive, inspect, handle, and store conduit and fittings in accordance with manufacturer's instructions.

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ANSI%20C80.3


http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=NECA%20NEIS%20111

https://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ANSI/NEMA%20FB%201

https://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=NEMA%20TC%202





http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%20514B






PART 2 PRODUCTS

2.1 CONDUIT APPLICATIONS

A. Do not use conduit and associated fittings for applications other than as permitted by NFPA 70 and product listing.

B. Outdoor Underground Installations:

1. Unless otherwise indicated, use rigid non-metallic conduit

C. Outdoor Locations Above Grade: Use rigid steel conduit.

D. Dry Locations:

1. Concealed: Use electrical metallic tubing.

2. Exposed: Use electrical metallic tubing.

2.2 CONDUIT REQUIREMENTS

A. Provide all conduit, fittings, supports, and accessories required for a complete raceway system.

B. Provide products listed, classified, and labeled as suitable for the purpose intended.

C. Minimum Conduit Size, Unless Otherwise Indicated:

1. Branch Circuits: 3/4 inch (21 mm) trade size.

D. Where conduit size is not indicated, size to comply with NFPA 70 but not less than applicable minimum size requirements specified.

2.3 FLEXIBLE METAL CONDUIT (FMC)

A. Description: NFPA 70, Type FMC standard wall steel flexible metal conduit listed and labeled as complying with UL 1, and listed for use in classified firestop systems to be used.

B. Fittings:

1. Description: Fittings complying with NEMA FB 1 and listed and labeled as complying with UL 514B.

2. Material: Use steel, malleable iron, or die cast zinc.

2.4 LIQUIDTIGHT FLEXIBLE METAL CONDUIT (LFMC)

A. Description: NFPA 70, Type LFMC polyvinyl chloride (PVC) jacketed steel flexible metal conduit listed and labeled as complying with UL 360.

B. Fittings:


2. Material: Use steel or malleable iron.

2.5 ELECTRICAL METALLIC TUBING (EMT)

A. Description: NFPA 70, Type EMT steel electrical metallic tubing complying with ANSI C80.3 and listed and labeled as complying with UL 797.

B. Fittings:


2. Material: Use steel, malleable iron, or die cast zinc.

3. Connectors and Couplings: Use compression (gland) or set-screw type.

a. Do not use indenter type connectors and couplings.

4. Damp or Wet Locations (where permitted): Use fittings listed for use in wet locations.

2.6 RIGID POLYVINYL CHLORIDE (PVC) CONDUIT

A. Description: NFPA 70, Type PVC rigid polyvinyl chloride conduit complying with NEMA TC 2 and listed and labeled as complying with UL 651; Schedule 40 unless otherwise indicated, Schedule 80 where subject to physical damage; rated for use with conductors rated 90 degrees C.














http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ANSI%20C80.3










B. Fittings:

1. Manufacturer: Same as manufacturer of conduit to be connected.

2. Description: Fittings complying with NEMA TC 3 and listed and labeled as complying with UL 651; material to match conduit.

2.7 ACCESSORIES

A. Solvent Cement for PVC Conduit and Fittings: As recommended by manufacturer of conduit and fittings to be installed.

B. Pull Strings: Use nylon cord with average breaking strength of not less than 200 pound-force.

PART 3 EXECUTION

3.1 EXAMINATION

A. Verify that field measurements are as indicated.

B. Verify that mounting surfaces are ready to receive conduits.

C. Verify that conditions are satisfactory for installation prior to starting work.

3.2 INSTALLATION

A. Install products in accordance with manufacturer's instructions.

B. Perform work in accordance with NECA 1 (general workmanship).

C. Install rigid polyvinyl chloride (PVC) conduit in accordance with NECA 111.

D. Conduit Routing:

1. Unless dimensioned, conduit routing indicated is diagrammatic.

2. When conduit destination is indicated without specific routing, determine exact routing required.

3. Conceal all conduits unless specifically indicated to be exposed.

4. Conduits in the following areas may be exposed, unless otherwise indicated:

a. Electrical rooms.

b. Mechanical equipment rooms.

5. Unless otherwise approved, do not route conduits exposed:

a. Across floors.

b. Across building exterior surfaces.

6. Conduits installed underground or embedded in concrete may be routed in the shortest possible manner unless otherwise indicated. Route all other conduits parallel or perpendicular to building structure and surfaces, following surface contours where practical.

7. Arrange conduit to maintain adequate headroom, clearances, and access.

8. Arrange conduit to provide no more than the equivalent of four 90 degree bends between pull points.

9. Exterior Branch Circuits: Route conduits adjacent to curbs. Push or directional bore conduits beneath paved areas; otherwise, sawcut and remove pavement. Replace removed pavement to match existing.

10. Arrange conduit to prevent moisture traps. Provide drain fittings at low points and at sealing fittings where moisture may collect.

11. Maintain minimum clearance of 12 inches between conduits and hot surfaces.

12. Group parallel conduits in the same area together on a common rack.

E. Conduit Support:

1. Secure and support conduits in accordance with NFPA 70 and Section 26 05 29 using suitable supports and methods approved by the authority having jurisdiction.

2. Provide independent support from building structure. Do not provide support from piping, ductwork, or other systems.








3. Installation Above Suspended Ceilings: Do not provide support from ceiling support system. Do not provide support from ceiling grid or allow conduits to lay on ceiling tiles.

4. Use of spring steel conduit clips for support of conduits is permitted only as follows:

a. Support of electrical metallic tubing (EMT) 1-1/2 inch trade size concealed above accessible ceilings and within hollow stud walls.

5. Use of wire for support of conduits is permitted only as follows:

a. For suspending conduits supported by spring steel conduit clips (only where specifically indicated or permitted).

F. Connections and Terminations:

1. Use suitable adapters where required to transition from one type of conduit to another.

2. Provide insulated bushings on box connectors 1-inch and larger, on conduits stubbed above an accessible ceiling, and on conduits used for telecommunications pathways.

3. Secure joints and connections to provide maximum mechanical strength and electrical continuity.

G. Penetrations:

1. Do not penetrate or otherwise notch or cut structural members, including footings and grade beams, without approval of Structural Engineer.

2. Make penetrations perpendicular to surfaces unless otherwise indicated.

3. Seal interior of conduits entering the building from underground at first accessible point to prevent entry of moisture and gases.

4. Where conduits penetrate waterproof membrane, seal as required to maintain integrity of membrane.

5. Install firestopping to preserve fire resistance rating of partitions and other elements.

H. Conduit Movement Provisions: Where conduits are subject to movement, provide expansion and expansion/deflection fittings to prevent damage to enclosed conductors or connected equipment. This includes, but is not limited to:

1. Where conduits cross structural joints intended for expansion, contraction, or deflection.

2. Where calculated in accordance with NFPA 70 for rigid polyvinyl chloride (PVC) conduit installed above ground to compensate for thermal expansion and contraction.

3. Where conduits are subject to earth movement by settlement or frost.

I. Condensation Prevention: Where conduits cross barriers between areas of potential substantial temperature differential, provide junction box or type C condulet with approved sealing compound at an accessible point near the penetration to prevent condensation. This includes, but is not limited to:

1. Where conduits pass from outdoors into conditioned interior spaces.

2. Where conduits pass from unconditioned interior spaces into conditioned interior spaces.

3. Where conduits penetrate coolers or freezers.

J. Provide pull string in all empty conduits and in conduits where conductors and cables are to be installed by others. Leave minimum slack of 12 inches at each end.

K. Provide grounding and bonding in accordance with Section 26 05 26.

L. Identify conduits in accordance with Section 26 05 53.


A. Correct deficiencies and replace damaged or defective conduits.

3.4 CLEANING

A. Clean interior of conduits to remove moisture and foreign matter.




3.5 PROTECTION

A. Immediately after installation of conduit, use suitable caps to provide protection from entry of moisture and foreign material and do not remove until ready for installation of conductors.

END OF SECTION 26 05 33.13

SECTION 26 05 33.16 - BOXES

Omaha Metro-Creighton University Multi-Modal Facility 26 05 33.16 BOXES (Metro 2017 IDIQ - Work Order #3) Page 1 of 3

PART 1 GENERAL


A. Outlet and device boxes up to 100 cubic inches, including those used as junction and pull boxes.

B. Cabinets and enclosures, including junction and pull boxes larger than 100 cubic inches.

C. Underground boxes/enclosures.


A. NECA 1 - Standard for Good Workmanship in Electrical Construction.

B. NECA 130 - Standard for Installing and Maintaining Wiring Devices.

C. NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit, Electrical Metallic Tubing, and Cable.

D. NEMA OS 1 - Sheet-Steel Outlet Boxes, Device Boxes, Covers, and Box Supports.

E. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum).

F. NFPA 70 - National Electrical Code.

G. UL 50 - Enclosures for Electrical Equipment, Non-Environmental Considerations.

H. UL 50E - Enclosures for Electrical Equipment, Environmental Considerations.

I. UL 508A - Industrial Control Panels.

J. UL 514A - Metallic Outlet Boxes.


A. Coordination:

1. Coordinate the work with other trades to avoid placement of ductwork, piping, equipment, or other potential obstructions within the dedicated equipment spaces and working clearances for electrical equipment required by NFPA 70.

2. Coordinate arrangement of electrical equipment with the dimensions and clearance requirements of the actual equipment to be installed.

3. Coordinate minimum sizes of boxes with the actual installed arrangement of conductors, clamps, support fittings, and devices, calculated according to NFPA 70.

4. Coordinate minimum sizes of pull boxes with the actual installed arrangement of connected conduits, calculated according to NFPA 70.

5. Coordinate the placement of boxes with millwork, furniture, devices, equipment, etc. installed under other sections or by others.

6. Coordinate the work with other trades to preserve insulation integrity.

7. Coordinate the work with other trades to provide walls suitable for installation of flush-mounted boxes where indicated.


PART 2 PRODUCTS

2.1 BOXES

A. General Requirements:

1. Do not use boxes and associated accessories for applications other than as permitted by NFPA 70 and product listing.

2. Provide all boxes, fittings, supports, and accessories required for a complete raceway system and to accommodate devices and equipment to be installed.

3. Provide products listed, classified, and labeled as suitable for the purpose intended.




https://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ANSI/NEMA%20OS%201

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=NEMA%20250



http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%2050E

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%20508A








4. Where box size is not indicated, size to comply with NFPA 70 but not less than applicable minimum size requirements specified.

5. Provide grounding terminals within boxes where equipment grounding conductors terminate.

B. Outlet and Device Boxes Up to 100 cubic inches, Including Those Used as Junction and Pull Boxes:

1. Use sheet-steel boxes for dry locations unless otherwise indicated or required.

2. Use cast iron boxes or cast aluminum boxes for damp or wet locations unless otherwise indicated or required; furnish with compatible weatherproof gasketed covers.

3. Use suitable concrete type boxes where flush-mounted in concrete.

4. Use suitable masonry type boxes where flush-mounted in masonry walls.

5. Use raised covers suitable for the type of wall construction and device configuration where required.

6. Do not use "through-wall" boxes designed for access from both sides of wall.

7. Sheet-Steel Boxes: Comply with NEMA OS 1, and list and label as complying with UL 514A.

8. Cast Metal Boxes: Comply with NEMA FB 1, and list and label as complying with UL 514A; furnish with threaded hubs.

9. Boxes for Supporting Luminaires and Ceiling Fans: Listed as suitable for the type and weight of load to be supported; furnished with fixture stud to accommodate mounting of luminaire where required.

10. Boxes for Ganged Devices: Use multigang boxes of single-piece construction. Do not use field-connected gangable boxes unless specifically indicated or permitted.

11. Minimum Box Size, Unless Otherwise Indicated:

a. Wiring Devices (Other Than Communications Systems Outlets): 4 inch square by 1-1/2 inch deep (100 by 38 mm) trade size.

b. Communications Systems Outlets: 4 inch square by 2-1/8 inch deep trade size.

c. Ceiling Outlets: 4 inch octagonal or square by 1-1/2 inch deep (100 by 38 mm) trade size.

12. Wall Plates: Comply with Section 26 27 26.

C. Cabinets and Enclosures, Including Junction and Pull Boxes Larger Than 100 cubic inches:

1. Comply with NEMA 250, and list and label as complying with UL 50 and UL 50E, or UL 508A.

2. NEMA 250 Environment Type, Unless Otherwise Indicated:

3. Junction and Pull Boxes Larger Than 100 cubic inches:

a. Provide screw-cover or hinged-cover enclosures unless otherwise indicated.

b. Include cable supports if any dimension of the box is greater than 48 inches.

D. Underground Boxes/Enclosures:

1. Description: In-ground, open bottom boxes furnished with flush, non-skid covers with legend indicating type of service and stainless steel tamper resistant cover bolts.

2. Size: As indicated on drawings.

3. Applications:

a. Do not use polymer concrete enclosures in areas subject to deliberate vehicular traffic.

PART 3 EXECUTION

3.1 EXAMINATION

A. Verify that field measurements are as indicated.

B. Verify that mounting surfaces are ready to receive boxes.

C. Verify that conditions are satisfactory for installation prior to starting work.

3.2 INSTALLATION


B. Install boxes in accordance with NECA 1 (general workmanship) and, where applicable, NECA 130.


https://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ANSI/NEMA%20OS%201






http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=UL%2050E







C. Arrange equipment to provide minimum clearances in accordance with manufacturer's instructions and NFPA 70.

D. Unless otherwise indicated, provide separate boxes for line voltage and low voltage systems.

E. Flush-mount boxes in finished areas unless specifically indicated to be surface-mounted.

F. Unless otherwise indicated, boxes may be surface-mounted where exposed conduits are indicated or permitted.

G. Box Locations:

1. Locate boxes to be accessible. Provide access panels as required where approved by the Architect.

2. Locate junction and pull boxes as indicated, as required to facilitate installation of conductors, and to limit conduit length and/or number of bends between pulling points in accordance with Section 26 05 33.13.

3. Locate junction and pull boxes in the following areas, unless otherwise indicated or approved by the Architect:

a. Concealed above accessible suspended ceilings.

b. Within joists in unfinished areas with no ceiling.

c. Electrical rooms.

d. Mechanical equipment rooms.

H. Install boxes as required to preserve insulation integrity.

I. Underground Boxes/Enclosures:

1. Install enclosure on gravel base, minimum 6 inches deep.

2. Install additional bracing inside enclosures in accordance with manufacturer's instructions to minimize box sidewall deflections during backfilling. Backfill with cover bolted in place.

J. Install blank wall plates on junction boxes and on outlet boxes with no devices or equipment installed or designated for future use.

K. Identify boxes in accordance with Section 26 05 53.

L. Support boxes independently of conduit, except cast box that is connected to two rigid metal conduits both supported within 12 inches of box.

3.3 CLEANING

A. Clean interior of boxes to remove dirt, debris, plaster and other foreign material.

END OF SECTION 26 05 33.16


SECTION 26 05 53 - IDENTIFICATION FOR ELECTRICAL SYSTEMS

Omaha Metro-Creighton University Multi-Modal Facility 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS (Metro 2017 IDIQ - Work Order #3) Page 1 of 2

PART 1 GENERAL


A. Electrical identification requirements.

B. Identification for conductors.

C. Underground warning tape.


A. ANSI Z535.2 - American National Standard for Environmental and Facility Safety Signs.

B. ANSI Z535.4 - American National Standard for Product Safety Signs and Labels.

C. NFPA 70 - National Electrical Code.



PART 2 PRODUCTS

2.1 IDENTIFICATION REQUIREMENTS

A. Identification for Conductors and Cables:

1. Color Coding for Power Conductors 600 V and Less: Comply with Section 26 05 19.

2. Use identification nameplate or identification label to identify color code for ungrounded and grounded power conductors inside door or enclosure at each piece of feeder or branch-circuit distribution equipment when premises has feeders or branch circuits served by more than one nominal voltage system.

B. Identification for Raceways:

1. Use underground warning tape to identify underground raceways.

C. Identification for Boxes:

1. Use handwritten text using indelible marker to identify circuits enclosed.

a. For exposed boxes in public areas, provide identification on inside face of cover.

2.2 UNDERGROUND WARNING TAPE

A. Materials: Use foil-backed detectable type polyethylene tape suitable for direct burial, unless otherwise indicated.

B. Foil-backed Detectable Type Tape: 3 inches wide, with minimum thickness of 5 mil, unless otherwise required for proper detection.

C. Legend: Type of service, continuously repeated over full length of tape.

D. Color:

1. Tape for Buried Power Lines: Black text on red background.

2. Tape for Buried Communication, Alarm, and Signal Lines: Black text on orange background.

2.3 WARNING SIGNS AND LABELS

A. Comply with ANSI Z535.2 or ANSI Z535.4 as applicable.

B. Warning Labels:

1. Materials: Use factory pre-printed or machine-printed self-adhesive polyester or self-adhesive vinyl labels; UV, chemical, water, heat, and abrasion resistant; produced using materials recognized to UL 969.

2. Machine-Printed Labels: Use thermal transfer process printing machines and accessories recommended by label manufacturer.

3. Minimum Size: 2 by 4 inches unless otherwise indicated.

http://global.ihs.com/doc_detail.cfm?rid=BSD&document_name=ANSI%20Z535.2






SECTION 26 05 53 - IDENTIFICATION FOR ELECTRICAL SYSTEMS

Omaha Metro-Creighton University Multi-Modal Facility 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS (Metro 2017 IDIQ - Work Order #3) Page 2 of 2

PART 3 EXECUTION

3.1 PREPARATION

A. Clean surfaces to receive adhesive products according to manufacturer's instructions.

3.2 INSTALLATION


B. Install identification products to be plainly visible for examination, adjustment, servicing, and maintenance. Unless otherwise indicated, locate products as follows:

1. Surface-Mounted Equipment: Enclosure front.

2. Flush-Mounted Equipment: inside of equipment door when installed in a finished location.

3. Free-Standing Equipment: Enclosure front; also enclosure rear for equipment with rear access.

4. Elevated Equipment: Legible from the floor or working platform.

5. Boxes: Outside face of cover.

C. Install identification products centered, level, and parallel with lines of item being identified.

D. Install self-adhesive labels and markers to achieve maximum adhesion, with no bubbles or wrinkles and edges properly sealed.

E. Install underground warning tape above buried lines with one tape per trench at 6 inches below finished grade.

F. Mark all handwritten text, where permitted, to be neat and legible.


A. Replace self-adhesive labels and markers that exhibit bubbles, wrinkles, curling or other signs of improper adhesion.


05/18/2018

https://ea.nebraska.gov/files/doc/EA_Handbook.pdf

SECTION 31 10 00 – SITE CLEARING


31 10 00 Site Clearing Page 1 of 3


A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, apply to this Section.

1.2 SUMMARY

A. Section Includes: 1. Removing existing vegetation. 2. Clearing and grubbing. 3. Removing above and below grade site improvements. 4. Disconnecting, capping or sealing, and removing site utilities. 5. Temporary erosion and sedimentation control.

B. Related Requirements: 1. Erosion Control Plans for temporary erosion- and sedimentation-control measures.

1.3 DEFINITIONS

A. Subsoil: Soil beneath the level of subgrade; soil beneath the topsoil layers of a naturally occurring soil profile, typified by less than 1 percent organic matter and few soil organisms.

B. Topsoil: Top layer of the soil profile consisting of existing native surface topsoil or existing in-place surface soil; the zone where plant roots grow. Its appearance is generally friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects larger than 2 inches in diameter; and free of weeds, roots, toxic materials, or other non-soil materials.

C. Tree-Protection Zone: Area within the drip line of all individual trees or groups of trees within the project limits and indicated according to requirements in this section.

D. Vegetation: Trees, shrubs, groundcovers, grass, and other plants. 1.4 MATERIAL OWNERSHIP

A. Except for materials indicated to be salvaged or otherwise remain Owner's property, cleared materials shall become Contractor's property and shall be removed from Project site in accordance with the plans and specifications.


A. Existing Conditions: Documentation of existing trees and plantings, adjoining construction, and site improvements that establishes preconstruction conditions that might be misconstrued as damage caused by site clearing.

1. Use sufficiently detailed photographs or video recordings. 2. Include plans and notations to indicate specific wounds and damage conditions of each tree or

other plant designated to remain. B. Record Drawings: Identifying and accurately showing locations of capped utilities and other subsurface

structural, electrical, and mechanical conditions. 1.6 FIELD CONDITIONS

A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing and construction activities.

1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner. Coordinate closures of trafficways to minimize interference with Owner’s daily traffic flow.

2. Provide alternate routes around closed or obstructed streets/driveways when required by construction. Minimize amount of downtime and relocation of traffic.

B. Salvageable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated.




C. Utility Locator Service: Notify Nebraska One Call (Nebraska811) at least 72 hours in advance of site clearing operations.

D. Do not commence site clearing operations until temporary erosion- and sedimentation-control and tree-protection measures are in place.

E. Soil Stripping, Handling, and Stockpiling: Perform only when the soil is dry or slightly moist. PART 2 - PRODUCTS 2.1 MATERIALS

A. Satisfactory Soil Material: Requirements for satisfactory soil material are specified in Section 312000 "Earth Moving".

PART 3 - EXECUTION 3.1 PREPARATION

A. Protect and maintain benchmarks and survey control points from disturbance during construction. Re-establish site benchmarks and control points for those locations impacted by site clearing operations. Work shall be performed by a State of Nebraska Licensed Surveyor.

B. Verify that trees, shrubs, and other vegetation to remain or to be relocated have been flagged and that protection zones have been identified and enclosed.

C. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to Owner.

3.2 TEMPORARY EROSION AND SEDIMENTATION CONTROL

A. Provide temporary erosion- and sedimentation-control best management practices (BMPs) to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent roadways and storm sewer systems.

1. Contractor shall plan and execute work methods to control stormwater runoff from discharging from the site.

2. Contractor shall regularly inspect and maintain erosion control BMPs during construction. Inspections and documentation shall occur in accordance with the requirements of the Construction Stormwater Discharge Permit. Repair all damaged BMPs to their original condition.

3. Record inspection activities and maintain record documents at the project site. 4. Once permanent vegetation has been established, remove erosion and sedimentation BMPS, and

restore stabilize areas disturbed during removal. B. Verify that flows of water redirected from construction areas or generated by construction activity do not

enter or cross protection zones. C. Sediment or vehicle track out which enters onto adjacent public streets shall be swept up and cleaned at

the end of each project day. D. Inspections shall continue on erosion control BMPs until permit is closed by the City of Omaha, in

accordance with the permit requirements. 3.3 TREE AND PLANT PROTECTION

A. Protect trees and plants as indicated on the Demolition Plan and Erosion Control Plan. B. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are

damaged by construction operations. C. Maintain protection-zone fencing and signage in good condition as acceptable to Owner’s Representative

and remove when construction operations are complete and equipment has been removed from the site. Do not store materials or enter the protection zone.

D. Excavation




1. General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 312000 "Earth Moving."

2. Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning.

3. Do not allow exposed roots to dry out before placing permanent backfill. 3.4 EXISTING UTILITIES

A. Locate, identify, disconnect, and seal or cap utilities indicated to be removed or abandoned in place. B. Locate, identify, and disconnect utilities indicated to be abandoned in place. C. Interrupting Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others,

unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated:

1. Notify Owner not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Owner’s written permission.

3.5 CLEARING AND GRUBBING

A. Remove obstructions, trees, shrubs, and other vegetation to permit installation of new construction. 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Use only hand methods or spade for grubbing within protection zones. 3. Chip removed tree branches and dispose of off-site.

B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated.

1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches and compact each layer to a density equal to adjacent original ground.

C. Tree Removal 1. Fell trees in such a way as to not injure nearby trees, shrubs, buildings, utility wires, or other

objects. 2. Tree removal will include the felling, cutting, and satisfactory disposal of all trees, stumps and

vegetative debris produced through the clearing operations. 3. Completely remove tree stumps or grind tree stumps down to 12 inches below proposed grade.

Remove all roots greater than 1-inch diameter located within the top 12 inches of soil to remain 3.6 SITE IMPROVEMENTS

A. Remove existing above- and below-grade improvements as indicated and necessary to facilitate new construction.

B. Pavement Removal 1. Confirm that all traffic control measures are in place and coordinate schedule with Owner. 2. Saw-cut and remove slabs, paving, curbs and gutters as indicated. Unless existing full-depth

joints coincide with line of demolition, neatly saw-cut along line of existing pavement to remain before removing adjacent existing pavement. Saw-cut faces vertically.

3. Do not damage existing concrete curbing, sidewalk pavement, roadway pavement, drainage structures or other utilities to remain. Any items damaged by the work of this item will be repaired at the Contractor’s expense.

4. Legally dispose of pavements off site. 3.7 DISPOSAL OF SURPLUS AND WASTE MATERIALS

A. Remove unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off Owner's property.


SECTION 31 20 00 – EARTH MOVING


31 20 00 Earth Moving Page 1 of 5



1.2 SUMMARY

A. Section Includes: 1. Excavating and backfilling for buildings and structures. 2. Preparing subgrades for walks and pavements. 3. Excavating and backfilling trenches for utilities and pits for buried utility structures.

B. Related Sections: 1. Division 31 Section "Site Clearing" for site stripping, grubbing, stripping and stockpiling topsoil,

and removal of above and below grade improvements and utilities. 2. Geotechnical Exploration Report

1.3 DEFINITIONS

A. Backfill: Soil material used to fill an excavation. B. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill. C. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions

indicated. D. Fill: Soil materials used to raise existing grades. E. Over excavation: Excavation performed below final subgrade elevations to remove unsuitable materials. F. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, pavement, curbs, mechanical and

electrical appurtenances, or other man made stationary features constructed above or below the ground surface.

G. Subgrade: Uppermost surface of an excavation or the top surface of a fill or backfill immediately below subbase, drainage fill, drainage course, or topsoil materials.

H. Utilities: Onsite underground pipes, conduits, ducts, and cables, as well as underground services within buildings.

1.4 SUBMITTALS

A. Material Test Reports: For each on-site and borrow soil material proposed for fill and backfill as follows: 1. Classification per ASTM D 2487 of each on-site and borrow soil material proposed for fill and

backfill. 2. Laboratory compaction curve per ASTM D 698, ASTM D 1557 for each on site and borrow soil

material proposed for fill and backfill.

1.5 QUALITY ASSURANCE A. Geotechnical Testing Agency Qualifications: Qualified per ASTM E 329 and ASTM D 3740 for testing

indicated. 1.6 PROJECT CONDITIONS

A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during earth moving operations.

B. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner.

C. Provide alternate routes around closed or obstructed traffic ways if required by Owner or City of Omaha. D. Utility Locator Service: Notify Nebraska One Call (Nebraska811) at least 72 hours in advance of site

clearing operations. E. Do not commence earth moving operations until temporary erosion and sedimentation control measures

are in place.




PART 2 - PRODUCTS 2.1 SOIL MATERIALS

A. Satisfactory Soils (Low Plasticity, Cohesive Soil): Fill materials shall be in accordance with the recommendations of the geotechnical report, specifically fill materials shall have a liquid limit (LL) less than 45 and Plasticity Index (PI) less than 20. Fill soils shall be relatively free of organic materials and should not contain particles greater than 3 inches.

B. Unsatisfactory Soils: Soils not meeting the requirements of the satisfactory soils. 1. Unsatisfactory soils also include satisfactory soils not maintained within the required range of the

material’s optimum moisture or density as determined by a Standard Proctor (ASTM D 698) test. 2. Unsatisfactory materials also include man-made fills; trash; refuse; backfills from previous

construction; and material classified as satisfactory materials which contains root and other organic matter or frozen material.

PART 3 - EXECUTION 3.1 PREPARATION

A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earth moving operations.

B. Protect and maintain erosion and sedimentation controls during earth moving operations. C. Protect subgrades and foundation soils from freezing temperatures and frost. Remove temporary

protection before placing subsequent materials. 3.2 DEWATERING

A. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area.

B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation. 1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in

excavations. Do not use excavated trenches as temporary drainage ditches. 3.3 EXCAVATION, GENERAL

A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Unclassified excavated materials may include rock, soil materials, and obstructions. No changes in the Contract Sum or the Contract Time will be authorized for rock excavation or removal of obstructions.

1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials.

3.4 EXCAVATION FOR WALKS AND SLABS

A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and subgrades.

B. Per the geotechnical engineer and report provided by Owner, follow recommendations for direction on excavation requirements.

3.5 EXCAVATION FOR UTILITY TRENCHES

A. Excavate trenches to indicated gradients, lines, depths, and elevations. B. Excavate trenches to uniform widths to provide the following clearance on each side of pipe or conduit.

Excavate trench walls vertically from trench bottom to 12 inches higher than top of pipe or conduit unless otherwise indicated.

1. Clearance: 12 inches.




C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp objects along trench subgrade.

D. Trenches in Tree and Plant Protection Zones: 1. Hand excavate to indicated lines, cross sections, elevations, and subgrades. Use narrow tine

spading forks to comb soil and expose roots. Do not break, tear, or chop exposed roots. Do not use mechanical equipment that rips, tears, or pulls roots.

2. Do not cut main lateral roots or taproots; cut only smaller roots that interfere with installation of utilities.

3.6 SUBGRADE INSPECTION

A. Notify Geotechnical Engineer/Testing Agency when excavations have reached required subgrade. Geotechnical Engineer/Testing agency shall witness removal of unsuitable soils and verify when suitable foundation soils have been encountered.

B. If testing agency determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed.

C. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, without additional compensation.

3.7 STORAGE OF SOIL MATERIALS

A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust.

1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees.

2. Stockpile materials shall receive temporary erosion control measures to prevent soil water runoff.

3.8 UTILITY TRENCH BACKFILL

A. Place backfill on subgrades free of mud, frost, snow, or ice. B. Place and compact bedding course on trench bottoms and where indicated. Shape bedding course to

provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits.

C. Initial Backfill: Place and compact initial backfill of satisfactory soil, free of particles larger than 1 inch in any dimension, to a height of 8 inches over the pipe or conduit.

1. Carefully compact initial backfill under pipe haunches and compact evenly up on both sides and along the full length of piping or conduit to avoid damage or displacement of piping or conduit. Coordinate backfilling with utilities testing.

D. Final Backfill: Place and compact final backfill of satisfactory soil to final subgrade elevation. E. Warning Tape: Install warning tape directly above utilities, 12 inches below finished grade, except 6 inches

below subgrade under pavements and slabs. 3.9 SOIL FILL

A. Per the geotechnical engineer and report provided by Owner, follow recommendations for direction on soil fill requirements

B. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material.

C. Place and compact satisfactory fill material in lifts not to exceed 8 inches to required elevations. D. Place soil fill on subgrades free of mud, frost, snow, or ice.

3.10 SOIL MOISTURE CONTROL

A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to the ranges indicated below:




1. Fill or backfill supporting structures, building slabs, steps and pavements: Provide soil moisture control within -3 to +4% of materials optimum moisture content (ASTM D 698)

2. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain frost or ice.

3. Remove and replace, or scarify and air dry, otherwise satisfactory soil material that exceeds optimum moisture content by given limits and is too wet to compact to specified dry unit weight.

3.11 COMPACTION OF SOIL BACKFILLS AND FILLS

A. Place backfill and fill soil materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment.

B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure.

C. Building Areas: Compact backfill and fill soil materials to 95% of materials maximum standard Proctor dry density (ASTM D 698).

D. Pavement Areas: Compact soil materials to match the requirements listed below: 1. Upper 12” below exterior pavements, compact to 90% of materials maximum standard Proctor

dry density (ASTM D 698) E. All Other Areas: Compact backfill and fill soil materials to 95% of materials maximum standard Proctor dry

density (ASTM D 698). 3.12 SUBBASE AND BASE COURSES UNDER PAVEMENTS AND WALKS

A. Place subbase course on subgrades free of mud, frost, snow, or ice. B. On prepared subgrade, place subbase course under pavements and walks as follows:

1. Shape subbase course to required crown elevations and cross-slope grades. 2. Place subbase course 6 inches or less in compacted thickness in a single layer. 3. Place subbase course that exceeds 6 inches in compacted thickness in layers of equal thickness,

with no compacted layer more than 6 inches thick or less than 3 inches thick. 4. Compact subbase course at optimum moisture content to required grades, lines, cross sections,

and thickness to not less than [95] percent of maximum dry unit weight according to [ASTM D 698].

C. Pavement Shoulders: Place shoulders along edges of subbase course and base course to prevent lateral movement. Construct shoulders, at least 12 inches wide, of satisfactory soil materials and compact simultaneously with each subbase layer to not less than [95] percent of maximum dry unit weight according to [ASTM D 698].

3.13 GRADING

A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated.

1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances.

B. Contractor shall leave soil at subgrade elevations in paving and landscape areas. Refer to typical sections on plan drawings to verify depths of aggregate, pavement in all areas.

1. Landscape Areas: Subgrade areas shall be left at ten (10) inches below finish grade elevations to receive topsoil and sod plantings. Refer to detail on landscape sheets.

2. Site Rough Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within plus or minus 1/2 inch.


A. Testing Agency: Owner shall engage a qualified geotechnical engineering testing agency to perform tests and inspections.

1. Determine prior to placement of fill that the unsuitable soil material has been removed from the limits of the building pad area and that the subgrade has been prepared in accordance with the plans and specifications.




2. Determine that the structural fill material and the maximum lift thickness comply with the requirements of the geotechnical report, plans and specifications.

3. Determine that in-place density of compacted fill complies with the plans and specifications. Density tests shall be performed at a minimum rate of 1 test per 5000 square feet of fill placement per soil fill lift.

B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earth moving only after test results for previously completed work comply with requirements.

C. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil materials to depth required; recompact and retest until specified compaction is obtained.

3.15 PROTECTION

A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris.

B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions.

1. Scarify or remove and replace soil material, reshape and recompact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with

additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and

eliminate evidence of restoration to greatest extent possible. 3.16 DISPOSAL OF SURPLUS AND WASTE MATERIALS

A. Remove surplus waste materials, including unsatisfactory soil, trash, and debris, and legally dispose of them off Owner's property.


SECTION 32 13 13 – CONCRETE PAVING


32 13 13 Concrete Paving Page 1 of 4


A. Drawings and general provisions of Contract, including General and Supplementary Conditions apply to this section.

1. Section 033000 – Cast in Place Concrete 1.2 SUMMARY

A. This Section includes exterior cement concrete pavement for the following: 1. Curbs and gutters. 2. Walks.

1.3 SUBMITTALS

A. Product Data: For each type of product indicated. B. Design Mixtures: For each concrete pavement mixture.


A. Manufacturer Qualifications: Manufacturer of ready-mixed concrete products who complies with ASTM C 94/C 94M requirements for production facilities and equipment.

B. Testing Agency Qualifications: An independent agency qualified according to ASTM C 1077 and ASTM E 329 for testing indicated, as documented according to ASTM E 548.

1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP_01 or an equivalent certification program.

PART 2 - PRODUCTS 2.1 STEEL REINFORCEMENT

A. Plain-Steel Welded Wire Reinforcement: 6x6 –W1.4xW1.4 welded wire mesh meeting the requirements of ASTM A 185.

B. Tie Bars: All reinforcement bars shall meet all the requirements of “Standard Specifications Plain Billet Steel Bars for Concrete Reinforcement”, ASTM Designation A

C. 615, Grade 60. Bars shall be free from excess rust, scale or other substances which prevent the bonding of the concrete to the reinforcement.

D. Bar Supports: Epoxy coated bolsters. Manufacture bar supports according to CRSI's "Manual of Standard Practice."


A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source throughout the Project:

1. Portland Cement: ASTM C 150, Type IPF. All Portland cement concrete shall meet the requirements of NDOR Section 1002.

B. Normal-Weight Aggregates: ASTM C 33, aggregate, uniformly graded. Provide aggregates from a single source.

C. Water: ASTM C 94/C 94M. D. Air-Entraining Admixture: ASTM C 260. E. Chemical Admixtures: ASTM C 494/C 494M, of type suitable for application, certified by manufacturer to

be compatible with other admixtures and to contain no more than 0.1 percent water-soluble chloride ions by mass of cementitious material.

2.3 CURING MATERIALS

A. White pigmented, Membrane-Forming Curing Compound: ASTM C 309, Type 1-D, Class B, dissipating. Use materials on Nebraska Department of Roads approved product list.




2.4 RELATED MATERIALS

A. Joint Filler: ¾” Preformed expansion joint filler, ASTM D1751 closed-cell expansion joint filler B. Joint Sealant: Polyurethane self-leveling sealant meeting the requirements of ASTM C920, Type S, Grade

P, Class 25, Use T or M. 2.5 CONCRETE MIXTURES

A. See Section 033000 – Cast in Place Concrete 2.6 AGGREGATE SUB-BASE FOR SIDEWALK

A. Crushed concrete fines, placed at a depth of 2”. 2.7 CONCRETE MIXING

A. Ready-Mixed Concrete: Measure, batch, and mix concrete materials and concrete according to ASTM C 94/C 94M. Furnish batch certificates for each batch discharged and used in the Work.

PART 3 - EXECUTION 3.1 EXAMINATION AND PREPARATION

A. For subgrade preparation see Section 31 20 00 “Earth moving” B. Proof-roll prepared subgrade surface below concrete pavement to identify soft pockets and areas of

excess yielding. C. Remove loose material from compacted subbase surface immediately before placing concrete. D. For sidewalks, install 2” depth of crushed concrete fines and compact to minimum of 98% (ASTM D698).

3.2 EDGE FORMS AND SCREED CONSTRUCTION

A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for pavement to required lines, grades, and elevations. Install forms to allow continuous progress of work and so forms can remain in place at least 24 hours after concrete placement.

B. Clean forms after each use and coat with form-release agent to ensure separation from concrete without damage.


A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement.

B. Welded wire reinforcing is required for all new sidewalk and ramp concrete. Wire shall be supported by epoxy coated bolsters so that it is held at mid-depth of the new concrete. Bolsters shall be spaced no more than 3 feet apart. Care shall be taken so that the welded wire reinforcing remains at mid-depth during concrete pouring operations.

3.4 JOINTS

A. General: Form construction, expansion, and contraction joints and tool edgings true to line with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline, unless otherwise indicated.

B. Expansion Joints: Form expansion joints of preformed joint-filler strips abutting concrete curbs, catch basins, manholes, inlets, structures, walks, other fixed objects, and at the end of return on pavement curves. Expansion joint shall be formed as follows:

1. Install joint filler material to a depth below the sidewalk surface as required for backer rod installation.

2. Install backer rod material as recommended by the manufacturer over the joint filler. 3. Clean the joint and prime joint with primer. Do not prime backer rod. 4. Apply paving joint sealant over backer rod material.




C. Sidewalk Expansion joints: Expansion joints shall be located at locations in the sidewalk with maximum spacing not to exceed 50 feet.

1. Locate expansion joints in accordance with jointing pattern shown Landscape Plans. D. Contraction Joints (Sidewalks): Diamond blade saw-cut green concrete (less than 24 hours old) with

weakened-plane contraction joints, sectioning concrete into areas as indicated on drawings. All joints shall be made with a motor driven concrete saw to a minimum to depth of ¼ of the pavement thickness.

3.5 CONCRETE PLACEMENT

A. Contractor shall secure Owner’s representative’s approval of subgrade, formwork and reinforcing prior to placement of concrete of each pour. Contractor and Owner’s representative shall sign off on the pre-pour checklist before concrete shall be discharged into forms.

B. Moisten subbase to provide a uniform dampened condition at time concrete is placed. C. Comply with ACI 301 requirements for measuring, mixing, transporting, and placing concrete. D. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag

concrete into place or use vibrators to move concrete into place. E. Screed pavement surfaces with a straightedge and strike off. F. Commence initial floating using bull floats or darbies to impart an open textured and uniform surface

plane before excess moisture or bleed water appears on the surface. Do not further disturb concrete surfaces before beginning finishing operations or spreading surface treatments.

3.6 FLOAT FINISHING

A. The concrete shall be deposited uniformly on the prepared subgrades and distributed to the required depth for the entire width of the pavement.

B. All concrete shall be thoroughly compacted by means of approved mechanical vibrators. The vibrator shall consolidate the full depth and width of the concrete to a uniform mass without segregation and free from excessive surface mortar at a single pass of the machine.

C. A transverse construction joint shall be placed at the point of a work stoppage. D. Do not add water to concrete surfaces during finishing operations. E. Float Finish for Sidewalks: Light broom finish, perpendicular to foot traffic. Verify finish requirements with

Owner and Architect. 3.7 CONCRETE PROTECTION AND CURING

A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. B. Comply with ACI 306.1 for cold-weather protection. C. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions

cause moisture loss approaching 0.2 lb./sq. ft. x h (1 kg/sq. m x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing.

D. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. E. Curing Methods: Cure concrete by curing compound.

3.8 PAVEMENT TOLERANCES

A. Comply with tolerances of ACI 117 and as follows: 1. Elevation: 1/4 inch. 2. Thickness: Plus 3/8 inch, minus 1/4 inch. 3. Surface: Gap below 10-foot-long, unleveled straightedge not to exceed 1/4 inch. 4. Joint Spacing: 3 inches (75 mm). 5. Contraction Joint Depth: Plus 1/4 inch, no minus. 6. Joint Width: Plus 1/8 inch, no minus.

B. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform field tests and inspections and prepare test reports.

C. Testing Services: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements:




1. Testing Frequency: Obtain at least 1 composite sample for each 100 cu. yd. or fraction thereof of each concrete mix placed each day.

a. When frequency of testing will provide fewer than five compressive-strength tests for each concrete mixture, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used.

2. Slump: ASTM C 143/C 143M; one test at point of placement for each composite sample, but not less than one test for each day's pour of each concrete mix. Perform additional tests when concrete consistency appears to change.

3. Air Content: ASTM C 231, pressure method; one test for each composite sample, but not less than one test for each day's pour of each concrete mix.

4. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F (4.4 deg C) and below and when 80 deg F (27 deg C) and above, and one test for each composite sample.

5. Compression Test Specimens: ASTM C 31/C 31M; cast and laboratory cure one set of three standard cylinder specimens for each composite sample.

6. Compressive-Strength Tests: ASTM C 39/C 39M; test 1 specimen at 7 days and 2 specimens at 28 days.

a. A compressive-strength test shall be the average compressive strength from 2 specimens obtained from same composite sample and tested at 28 days.

D. Strength of each concrete mix will be satisfactory if average of any 3 consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive-strength test value falls below specified compressive strength by more than 500 psi (3.4 MPa).

E. Test results shall be reported in writing to Landscape Architect, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mixture proportions and materials, compressive breaking strength, and type of break for both 7- and 28-day tests.

F. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Landscape Architect.

G. Remove and replace concrete pavement where test results indicate that it does not comply with specified requirements.

H. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements.

3.9 REPAIRS AND PROTECTION

A. Remove and replace concrete pavement that is broken, damaged, or defective or that does not comply with requirements in this Section.

B. Protect concrete from damage. Exclude traffic from pavement for at least 14 days after placement. C. Maintain concrete pavement free of stains, discoloration, dirt, and other foreign material. Sweep concrete

pavement not more than two days before date scheduled for Substantial Completion inspections. END OF SECTION 32 13 13

SECTION 321401 - CLAY PAVERS ON CONCRETE BASE


SECTION 321401 - Clay Pavers

Page 1 of 5

PART 1 - GENERAL



1.2 SUMMARY

A. Section Includes:

1. Reclaimed clay pavers set on concrete base. 2. Cast-in-place concrete and concrete unit paver edge restraints.

B. Related Sections: 1. Section 32 13 13 Concrete Paving for concrete sidewalks and curbs and gutters serving as

edge restraints for unit pavers, and for concrete subslab.


A. Product Data: For materials other than water and aggregates.

B. Sieve Analyses: For aggregate setting-bed materials, according to ASTM C 136.

C. Samples for Initial Selection: 1. Joint materials.

D. Samples for Verification:

1. Full-size units of reclaimed brick pavers. 2. Joint materials. 3. Cast-in-place edge restraints.


A. Installation standards: Brick Institute of America (BIA) recommendations.

B. Mockups: Build mockups to verify selections to demonstrate aesthetic effects and set quality standards for materials and execution.

1. Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion.

SECTION 32 14 01 – CLAY PAVERS ON CONCRETE BASE



Page 2 of 5

C. Preinstallation Conference: Conduct conference at location and time as determined by the Campus Landscape Architect.

D. Referenced Standards: 1. ASTM International (ASTM):

a. C33, Specification for Concrete Aggregates. b. C136, Method for Sieve Analysis for Fine and Course Aggregate.


A. Store pavers on elevated platforms in a dry location. If units are not stored in an enclosed location, cover tops and sides of stacks with waterproof sheeting, securely tied.

B. Store cementitious materials on elevated platforms, under cover, and in a dry location. Do not use cementitious materials that have become damp.

C. Store aggregates where grading and other required characteristics can be maintained and contamination avoided.

D. Store liquids in tightly closed containers protected from freezing.

1.6 PROJECT CONDITIONS

A. Cold-Weather Protection: Do not use frozen materials or materials mixed or coated with ice or frost. Do not build on frozen subgrade or setting beds. Remove and replace unit paver work damaged by frost or freezing.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. Clay Unit Pavers:

a. Cloud Ceramics b. Approved equal

2.2 COLORS AND TEXTURES

A. Colors: 1. Clay Unit Pavers, Cloud Ceramics

a. Cherokee Blend (to Match existing Paver colors on campus)




Page 3 of 5

b. Approved equal

2.3 PAVERS

A. Clay Pavers: 4”x8”.

B. Concrete base: See Concrete Pavement Specifications

C. Setting bed: 1. Rolled 1 IN (maximum) Sand Mix:

a. Sand: ASTM C33

D. Joint Filler Sand: 1. ASTM C33

2.4 CURBS AND EDGE RESTRAINTS

A. Refer to drawings for concrete curb restraints.

PART 3 - EXECUTION

3.1 INSPECTION

A. Verify suitability of substrate to accept installation.

B. Installation constitutes acceptance of responsibility for performance.

3.2 PREPARATION

A. Concrete Subslab: 1. Follow Specification 32 1313 Concrete Paving for requirements of the concrete subslab. 2. Set top of concrete subslab to required elevation (paver thickness plus 1 IN below finished

grade). 3. Do not place concrete until subgrade and forms have been checked for line and grade.

a. Do not place concrete around structures or frames until they have been brought to required grade and alignment.

4. Moisten subgrade as required to provide a uniform dampened condition at time concrete is placed.




Page 4 of 5

3.3 INSTALLATION, GENERAL

A. Do not use unit pavers with chips, cracks, voids, discolorations, or other defects that might be visible or cause staining in finished work.

B. Mix pavers from several pallets or cubes, as they are placed, to produce uniform blend of colors and textures.

C. Cut unit pavers with motor-driven masonry saw equipment to provide clean, sharp, unchipped edges. Cut units to provide pattern indicated and to fit adjoining work neatly. Use full units without cutting where possible. Hammer cutting is not acceptable.

D. Joint Pattern: Follow joint patterns as indicated on drawings.

E. Tolerances: Do not exceed 1/32-inch unit-to-unit offset from flush (lippage) nor 1/8 inch in 10 feet from level, or indicated slope, for finished surface of paving.

F. Expansion and Control Joints: Provide cork joint filler at locations and of widths indicated. Install joint filler before setting pavers. Make top of joint filler flush with top of pavers.

G. Provide edge restraints as indicated. Install edge restraints before placing unit pavers. 1. Install job-built concrete edge restraints to comply with requirements in "Cast-in-Place

Concrete" Section.

3.4 SETTING-BED APPLICATIONS

A. On properly compacted subgrade and granular base, install layer of concrete to depths specified in drawing details. 1. Provide rough finish for bonding of setting bed. 2. Install expansion joints as indicated and where pavement abuts other structures.

B. Spread 1 IN-thick of sand setting bed over concrete base.

C. Install in accordance with ANSI and ICPI recommendations.

D. Cut units per 3.2 C.

E. Lay out so that fields of patterns center in areas.

F. Lay the pavers in the pattern shown on the Drawings. 1. Full pavers are to be laid first. 2. The pavers should be laid hand tight. 3. Maintain straight pattern lines and adjust as necessary.




Page 5 of 5

G. Tap each unit firmly into place to assure full adhesion.

H. Joint Treatment: Place unit pavers with hand-tight joints. Fill joints by sweeping sand over paved surface until joints are filled. Remove excess sand after joints are filled.

I. Repeat joint-filling process 30 days later.

3.5 REPAIRING

A. Remove and replace unit pavers that are loose, chipped, broken, stained, or otherwise damaged or that do not match adjoining units. Provide new units to match adjoining units and install in same manner as original units, with same joint treatment and with no evidence of replacement.

3.6 CLEANING

A. Remove protective coverings.

B. Clean entire surface with cleaning compound.

C. Protect adjacent surfaces from damage during cleaning.

D. Leave installation clean.


SECTION 32 32 23 – CONCRETE RETAINING WALL SYSTEM


32 32 23 Concrete Segmental Retaining Wall Page 1 of 6

PART 1 - GENERAL 1.01 SECTION INCLUDES

A. Retaining wall system constructed of concrete segmental retaining wall units. B. Geosynthetic reinforcement fabric C. Leveling pad base D. Drainage aggregate E. Backfill F. Drainage pipe G. Adhesives

1.03 DEFINITIONS A. Backfill: Soil which is used as fill behind the drainage aggregate, and within the reinforced soil

mass (if applicable). B. Drainage Aggregate: Material used within (if applicable), between, and directly behind the con-

crete retaining wall units. C. Filter Fabric: Material used for separation and filtration of dissimilar soil types. D. Foundation Soil: Soil mass supporting the leveling pad and reinforced soil zone of the retaining

wall system. E. Geosynthetic Reinforcement: Material specifically fabricated for use as a soil reinforcement.

F. Global Stability: The general mass movement of a soil reinforced segmental retaining wall structure and adjacent soil mass.

G. Project Geotechnical Engineer: A registered engineer employed by the Owner to perform site observations, provide recommendations for foundation support, and verify soil shear strength parameters.

1.04 SUBMITTALS A. Submit the following in accordance with Supplemental Conditions: 1. Product Data: Material description and installation instructions for each manufactured

product specified. 2. Shop Drawings: Retaining wall system design, including wall elevation views, geosyn-

thetic reinforcement layout, pertinent details, and drainage provisions. The shop draw-ings shall be signed by a registered professional engineer licensed in the state of wall in-stallation.

3. Design Calculations: Engineering design calculations prepared in accordance with the NCMA Design Manual For Segmental Retaining Walls, or the AASHTO Standard Specifi-cations for Highway Bridges, Section 5.8 (whichever is applicable). Analysis of global stability must be addressed and incorporated into the shop drawings.

4. Samples a. Furnish one unit in the color and face pattern specified, if requested. b. Furnish 12 inch square or larger piece of the geosynthetic reinforcement specified.

5. Test Reports: Independent laboratory reports stating moisture absorption and compres-sive strength properties of the concrete retaining wall units meet the Project Specifica-tions when tested in accordance with ASTM C140, Sections 6, 8 and 9.

1.05 DELIVERY, STORAGE AND HANDLING A. Deliver, store, and handle materials in accordance with manufacturer's recommendations, in

such a manner as to prevent damage. Check the materials upon delivery to assure that proper




material has been received. Store above ground on wood pallets or blocking. Remove dam-aged or otherwise unsuitable material, when so determined, from the site. 1. Exposed faces of concrete wall units shall be free of chips, cracks, stains, and other im-

perfections detracting from their appearance, when viewed from a distance of 10 feet. 2. Prevent mud, wet cement, adhesives and similar materials which may harm appearance

of units, from coming in contact with system components. 1.06 EXTRA MATERIALS A. Furnish Owner with 3 replacement units identical to those installed on the Project. PART 2 - PRODUCTS 2.01 MATERIALS A. Concrete Retaining Wall Units: "Anchor Highland Stone Retaining Wall Units" as manufactured

under license from Anchor Wall Systems, or approved equal. 1. Physical Requirements a. Meet requirements of ASTM C1372, except the maximum water absorption shall

be limited to 7 percent, and unit height dimensions shall not vary more than plus or minus 1/16 inch from that specified in the ASTM reference, not including textured face.

b. Unit Face Area, 6-inch Unit: Not less than 0.25 square feet. c. Unit Face Area, 12-inch Unit: Not less than 0.50 square feet. d. Unit Face Area, 18-inch Unit: Not less than 0.75 square feet. e. Color: Sahara, or approved equal. f Face Pattern Geometry: Straight.

g. Texture: Split Rock Face. h Include an integral concrete shear connection flange/locator.

B. Geosynthetic Reinforcement: Polyester fiber geogrid or geotextile, or polypropylene woven ge-

otextile, as shown on the Drawings.

C. Leveling Pad Base 1. Aggregate Base: Crushed stone or granular fill meeting the following gradation as de-

termined in accordance with ASTM D448: Sieve Size Percent Passing 1 inch 100 No. 4 35 to 70 No. 40 10 to 35 No. 200 3 to 10 a. Base Thickness: 6 inches (minimum compacted thickness). 2. Concrete Base: Nonreinforced lean concrete base.

a. Compressive Strength: 500 psi (maximum). b. Base Thickness: At least 2 inches, but not more than 3 inches.

D. Drainage Aggregate: Clean crushed stone or granular fill meeting the following gradation as

determined in accordance with ASTM D448: Sieve Size Percent Passing

1 inch 100 3/4 inch 75 to 100




No. 4 0 to 60 No. 40 0 to 50 No. 200 0 to 5

E. Backfill: Soil free of organics and debris and consisting of either GP, GW, SP, SW, or SM type, classified in accordance with ASTM D2487 and the USCS classification system. 1. Soils classified as SC and CL are considered suitable soils for segmental retaining walls

with a total height of less than 15 feet unless the Plasticity Index (PI) is 20 or more. 2. Maximum particle size for backfill is 2 inches. 3. Unsuitable soils are organic soils and those soils classified as CH, OH, MH, OL, or PT.

F. Impervious Material: Clayey soil or other similar material which will prevent percolation into the drainage zone behind the wall.

G. Drainage Pipe: Perforated or slotted PVC or corrugated HDPE pipe manufactured in accord-ance with D3034 and/or ASTM F405. The pipe may be covered with a geotextile filter fabric to function as a filter.

H. Construction Adhesive: Exterior grade adhesive as recommended by the retaining wall unit manufacturer.

PART 3 - EXECUTION 3.01 EXAMINATION A. Examine the areas and conditions under which the retaining wall system is to be erected, and

notify the [Owner and Contractor 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.

B. Promptly notify the wall design engineer of site conditions which may affect wall performance, soil conditions observed other than those assumed, or other conditions that may require a reevaluation of the wall design.

C. Verify the location of existing structures and utilities prior to excavation. 3.02 PREPARATION

A. Ensure surrounding structures are protected from the effects of wall excavation. B. Excavation support, if required, is the responsibility of the Contractor, including the stability of

the excavation and it's influence on adjacent properties and structures. 3.03 EXCAVATION A. Excavate to the lines and grades shown on the Drawings. Over-excavation not approved by the

Owner (or Owner's representative) will not be paid for by the Owner. Replacement of these soils with compacted fill and/or wall system components will be required at the Contractor's ex-pense. Use care in excavating to prevent disturbance of the base beyond the lines shown.

3.04 FOUNDATION PREPARATION A. Excavate foundation soil as required for footing or base dimension shown on the Drawings, or

as directed by the Project geotechnical engineer. B. The Project geotechnical engineer will examine foundation soil to ensure that the actual founda-

tion soil strength meets or exceeds that indicated on the Drawings. Remove soil not meeting the required strength. Oversize resulting space sufficiently from the front of the block to the back of the reinforcement, and backfill with suitable compacted backfill soils.

C. The Project geotechnical engineer will determine if the foundation soils will require special treatment or correction to control total and differential settlement.

D. Fill over-excavated areas with suitable compacted backfill, as recommended by the Project ge-otechnical engineer.




3.05 BASE COURSE PREPARATION A. Place base materials to the depths and widths shown on the Drawings, upon undisturbed soils,

or foundation soils prepared in accordance with Article 3.04. 1. Extend the leveling pad laterally at least 6 inches in front and behind the lowermost con-

crete retaining wall unit. 2. Provide aggregate base compacted to 6 inches thick (minimum).

3. The Contractor may at their option, provide a concrete leveling pad as specified in Sub-paragraph 2.01.C.2, in lieu of the aggregate base.

4. Where a reinforced footing is required by local code official, place footing below frost depth.

B. Compact aggregate base material to provide a level, hard surface on which to place the first course of units.

C. Prepare base materials to ensure complete contact with retaining wall units. Gaps are not al-lowed.

3.06 ERECTION A. General: Erect units in accordance with manufacturer's instructions and recommendations, and

as specified herein. B. Place first course of concrete wall units on the prepared base material. Use only 18-inch units

for the first course. Check units for level and alignment. Maintain the same elevation at the top of each unit within each section of the base course.

C. Ensure that foundation units are in full contact with natural or compacted soil base. D. Place concrete wall units side-by-side for full length of wall alignment. Alignment may be done

by using a string line measured from the back of the block. Gaps are not allowed between the foundation concrete wall units.

E. Place filter fabric directly behind the concrete wall units. F. Place 12 inches (minimum) of drainage aggregate between, and directly behind the concrete

wall units. Fill voids in retaining wall units with drainage aggregate. Provide a drainage zone behind the wall units to within 9 inches of the final grade. Cap the backfill and drainage aggre-gate zone with 9 inches of impervious material.

G. Install drainage pipe at the lowest elevation possible, to maintain gravity flow of water to outside of the reinforced zone. Slope the main collection drainage pipe, located just behind the con-crete retaining wall units, 2 percent (minimum) to provide gravity flow to the daylighted areas. Daylight the main collection drainage pipe through the face of the wall, and/or to an appropriate location away from the wall system at each low point or at 50 foot (maximum) intervals along the wall. Alternately, the drainage pipe can be connected to a storm sewer system at 50 foot (maximum) intervals.

H. Remove excess fill from top of units and install next course. Ensure drainage aggregate and backfill are compacted before installation of next course.

I. Check each course for level and alignment. Adjust units as necessary to maintain level and alignment prior to proceeding with each additional course.

J. Install each succeeding course, using 6-inch, 12-inch, and 18-inch units. Backfill as each course is completed. Pull the units forward until the locating surface of the unit contacts the lo-cating surface of the units in the preceding course. Interlock wall segments that meet at corners by overlapping successive courses. Attach concrete retaining wall units at exterior corners with adhesive specified.

K. Install geosynthetic reinforcement in accordance with geosynthetic manufacturer's recommen-dations and the shop drawings.

1. Orient geosynthetic reinforcement with the highest strength axis perpendicular to the wall face.

2. Prior to geosynthetic reinforcement placement, place the backfill and compact to the ele-vation of the top of the wall units at the elevation of the geosynthetic reinforcement.




3. Place geosynthetic reinforcement at the elevations and to the lengths shown on the Drawings.

4. Lay geosynthetic reinforcement horizontally on top of the concrete retaining wall units and the compacted backfill soils. Place the geosynthetic reinforcement within one inch of the face of the concrete retaining wall units. Place the next course of concrete retaining wall units on top of the geosynthetic reinforcement.

5. The geosynthetic reinforcement shall be in tension and free from wrinkles prior to place-ment of the backfill soils. Pull geosynthetic reinforcement hand-taut and secure in place with staples, stakes, or by hand-tensioning until the geosynthetic reinforcement is cov-ered by 6 inches of loose fill.

6. The geosynthetic reinforcements shall be continuous throughout their embedment lengths. Splices in the geosynthetic reinforcement strength direction are not allowed.

7. Do not operate tracked construction equipment directly on the geosynthetic reinforce-ment. At least 6 inches of compacted backfill soil is required prior to operation of tracked vehi-cles over the geosynthetic reinforcement. Keep turning of tracked construction equip-ment to a minimum.

8. Rubber-tired equipment may pass over the geosynthetic reinforcement at speeds of less than 5 miles per hour. Turning of rubber-tired equipment is not allowed on the geosyn-thetic reinforcement.

3.07 BACKFILL PLACEMENT A. Place reinforced backfill, spread and compact in a manner that will minimize slack in the rein-

forcement. B. Place fill within the reinforced zone and compact in lifts not exceeding 6 to 8 inches (loose

thickness) where hand-operated compaction equipment is used, and not exceeding 12 inches (loose thickness) where heavy, self-propelled compaction equipment is used.

1. Only lightweight hand-operated compaction equipment is allowed within 4 feet of the back of the retaining wall units. If the specified compaction cannot be achieved within 4 feet of the back of the retaining wall units, replace the reinforced soil in this zone with drainage aggregate material.

C. Minimum Compaction Requirements for Fill Placed in the Reinforced Zone

1. Walls Less Than 15 Feet High: Compact to 95 percent of the soil's standard Proctor maximum dry density (ASTM D698) for the entire wall height

2. Increase compaction requirements for retaining walls with slope heights at the back of the reinforced soil zone greater than 5 feet above the top of wall. Verify compaction require-ments with Project geotechnical engineer.

3. Utility Trench Backfill: Compact utility trench backfill in or below the reinforced soil zone to 95 percent of the soil's standard Proctor maximum dry density (ASTM D698) per Pro-ject geotechnical engineer. a. Utilities must be properly designed (by others) to withstand all forces from the re-

taining wall units, reinforced soil mass, and surcharge loads, if any.

4. Moisture Content: Within 2 percentage points of the optimum moisture content for all wall heights.

5. These specifications may be changed based on recommendations by the Project ge-otechnical engineer.

D. At the end of each day's operation, slope the last level of compacted backfill away from the inte-

rior (concealed) face of the wall to direct surface water runoff away from the wall face. 1. The Contractor is responsible for ensuring that the finished site drainage is directed away

from the retaining wall system.




2. In addition, the Contractor is responsible for ensuring that surface water runoff from adja-cent construction areas is not allowed to enter the retaining wall area of the construction site.

E. Refer to Article 3.10 for compaction testing. 3.08 CAP UNIT INSTALLATION A. Apply adhesive to the top surface of the unit below and place the cap unit into desired position. B. Cut cap units as necessary to obtain the proper fit. C. Backfill and compact to top of cap unit. 3.09 SITE CONSTRUCTION TOLERANCES A. Site Construction Tolerances 1. Vertical Alignment: Plus or minus 1-1/2 inches over any 10-foot distance, with a maxi-

mum differential of 3 inches over the length of the wall. 2. Horizontal Location Control From Grading Plan

a. Straight Lines: Plus or minus 1-1/2 inches over any 10-foot distance. b. Corner and Radius Locations: Plus or minus 12 inches. c. Curves and Serpentine Radii: Plus or minus 2 feet.

3. Immediate Post Construction Wall Batter: Within 2 degrees of the design batter of the concrete retaining wall units.

4. Bulging: Plus or minus 1-1/4 inches over any 10-foot distance. 3.10 FIELD QUALITY CONTROL A. Installer is responsible for quality control of installation of system components. Employ a quali-

fied independent third party to verify the correct installation of system components in accord-ance with these specifications and the Drawings.

B. Correct work which does not meet these specifications or the requirements shown on the Draw-ings at the installer's expense.

C. Perform compaction testing of the reinforced backfill placed and compacted in the reinforced backfill zone. 1. Testing Frequency

a. One test for every 2 feet (vertical) of fill placed and compacted, for every 50 lineal feet of retaining wall.

b. Vary compaction test locations to cover the entire area of the reinforced soil zone, including the area compacted by the hand-operated compaction equipment.

3.11 ADJUSTING AND CLEANING A. Replace damaged units with new units as the work progresses. B. Remove debris caused by wall construction and leave adjacent paved areas broom clean.

END OF SECTION

SECTION 32 33 00 – SITE FURNISHINGS


32 33 00 Site Furnishings Page 1 of 3

PART 1 - GENERAL




A. Benches.

B. Trash receptacles.

1.03 PRODUCTS FURNISHED BUT NOT INSTALLED

A. Anchor bolts to be cast in concrete.

1.04 SUBMITTALS

A. Product Data: For each type of product indicated. Include construction details, material descriptions, dimensions of individual components and profiles, finishes, field-assembly requirements, and installation details.

B. Samples for Initial Selection: For units with factory-applied color finishes.

C. Samples for Verification: For each type of exposed finish required, prepared on Samples of size indicated below. 1. Size: Not less than 6-inch-long linear components and 4-inch-square sheet

components.

D. Product Schedule: For site and street furnishings. Use same designations indicated on Drawings.

E. Material Certificates: For site and street furnishings, signed by manufacturers.

F. Maintenance Data: For site and street furnishings to include in maintenance manuals.


A. Source Limitations: Obtain each type of site and street furnishings through one source from a single manufacturer.

PART 2 - PRODUCTS

2.01 MANUFACTURERS

A. Products: Subject to compliance with requirements, provide one of the following: 1. Benches:

a. SiteScapes: Cityview Series or approved equal; CVI-2100-PF—standard bench CVI-1100-PF –backless bench

b. Color: Black




2. Trash Receptacles:

a. SiteScapes: Cityview Series, or approved equal; CV2-2100-PF

b. Color: Black

2.02 MATERIALS

A. Steel: Free from surface blemishes and complying with the following: 1. Steel Pipe: Standard-weight steel pipe complying with ASTM A 53, or electric-

resistance-welded pipe complying with ASTM A 135.

B. Anchors, Fasteners, Fittings, and Hardware: Stainless steel; commercial quality; tamperproof, vandal and theft resistant; concealed, recessed, and capped or plugged. Provide as required for site and street furnishings' assembly, mounting, and secure attachment. 1. Anchors: For inconspicuously bolting legs of site and street furnishings to on-

grade substrate; extent as recommended by manufacturer. 2. Antitheft Hold-Down Brackets: For securing site and street furnishings to

substrate; extent as recommended by manufacturer.

C. Non-shrink, Nonmetallic Grout: Premixed, factory-packaged, non-staining, non-corrosive, nongaseous grout complying with ASTM C 1107. Provide grout, recommended in writing by manufacturer, for exterior applications.

2.03 BENCHES

A. Unit Configuration: As indicated on Drawings.

B. Installation Method: Anchored at finished grade to substrate indicated on Drawings.

2.04 TRASH RECEPTACLES

A. Unit Configuration: As indicated on Drawings.

B. Installation Method: Anchored to substrate as per manufacturers recommendations

PART 3 - EXECUTION

3.01 EXAMINATION

A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finished grade, mounting surfaces, installation tolerances, and other conditions affecting performance.


3.02 INSTALLATION, GENERAL

A. Comply with manufacturer's written installation instructions, unless more stringent requirements are indicated. Complete field assembly of site and street furnishings, where required.




B. Unless otherwise indicated, install site and street furnishings after landscaping and paving have been completed.

C. Install site and street furnishings level, plumb, true, and securely anchored at locations indicated on Drawings.

3.03 CLEANING

A. After completing site and street furnishing installation, inspect components. Remove spots, dirt, and debris. Repair damaged finishes to match original finish or replace component.

END OF SECTION

SECTION 32 91 00 – TOPSOIL


32 91 00 Topsoil Page 1 of 4

PART 1 - GENERAL

1.1 SUMMARY

A. This Section shall consist of placing Controlled Topsoil on final graded areas to be planted in accordance with these Specifications, as shown on the Plans or as directed by the Owner’s Representative.

B. Related Sections include the following:

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions apply to this section.

2. Grading and Site Preparation

1.2 JOB CONDITIONS

A. Utilities: Determine location of above grade and underground utilities and perform work in a manner which will avoid damage. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned.

B. Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, notify Owner’s Representative before planting.

1. Remove waste material, including grass, vegetation, and turf, and legally dispose of it off the Owner’s property.


A. All testing and submittals shall be approved prior to placement on site.

B. Testing Agent: Shall be accredited by the American Association for Laboratory Accreditation (A2LA). All test results shall be reviewed by the Owner’s Representative.

C. Pre-installation Conference: Conduct conference with Owner at Project site.

D. Post-installation Conference: Conduct conference with Owner at project site.

E. Source Quality Control:

1. Topsoil: Topsoil from the project site shall be used for all planting operations and amended per specification.

2. If suitable topsoil is not available on site to meet this requirement, suitable topsoil shall be imported. At locations where excavation to final grade results in material unsuitable for vegetation, as determined by the Engineer, the Contractor shall undercut and remove the material and place select soil.

3. Topsoil: Before delivery of topsoil, furnish Owner’s Representative with written statement giving location of properties from which the topsoil is to be obtained, names and address of owners, depth to be stripped, and crops grown during the past 2 years.




4. A composite random sample taken from the processed topsoil stockpile shall be collected for every 400 tons of on site and off site topsoil for testing.

5. The textural analysis and organic matter of both on site and offsite topsoil properties shall be used to evaluate conformance.

6. The following American Society for Testing and Materials (ASTM) testing protocols shall be followed for onsite and offsite topsoil products:

a) ASTM D3665-02: Standard Practice for Random Sampling of Construction Materials.

b) ASTM F1632-03: Standard Test Method for Particle Size Analysis and Sand Shape Grading of Golf Course Putting Green and Sports Field Rootzone Mixes.

c) ASTM F1647-02a: Method A Standard Test Methods for Organic Matter content of Putting Green and Sports Turf Root Zone Mixes.

d) Soil Classifications: should be defined by the USDA NCRS Urban Soil Primer, 2005.

1.4 SUBMITTALS

A. All testing and submittals shall be approved prior to placement on site.

B. Testing Agent: Shall be accredited by the American Association for Laboratory Accreditation (A2LA). All test results shall be reviewed by the Owner’s Representative.

PART 2 - PRODUCTS

2.1 TOPSOIL

A. Topsoil: ASTM D 5268, pH range of 5.5 to 7.2, organic material 4 percent minimum. The topsoil should have 100% passing the 1/2" inch sieve and 95% passing a 3/8 inch sieve. The topsoil should be free of construction debris, refuse, and vegetation from the harvest site.

B. Soil Fertility: The soil samples shall be tested and the data shall be supplied for adjustment of calcium, magnesium, and micronutrient requirements. The fertility results shall include the exchangeable cations, pH, CE and electrical conductivity. Saturated paste extract constituents shall be determined.

C. Clean topsoil of roots, plants, sods, stones, clay lumps, and other extraneous materials harmful to plant growth. Harrowing, disking, or both will be required as necessary in breaking down clods and lumps. If the area has been severely compacted by heavy trucks or other equipment, it shall be cultivated to a depth of 12"-24" (150 mm-210 mm) by tilling or disking. Soil shall not contain more than 20 stones or other foreign material less than 1 inch (25 mm) in diameter in any one square yard area.

D. Any disturbed area to receive turf or plantings shall have subgrade scarified to a depth per drawings and details.

E. If suitable topsoil is not available on site to meet this requirement, suitable topsoil shall be imported. At locations where excavation to final grade results in material unsuitable for vegetation, as determined by the Owner’s Representative, the Contractor shall undercut and remove the material and place select soil.




1. Soil Separates should be defined on a weight basis as the following:

a) Sand- Particles size 0.05 mm to 2.0 mm

b) Silt- Particles size 0.002 to 0.05 mm

c) Clay- Particles less than 0.002 mm

2. The topsoil composition shall be a silt loam to sandy loam texture. Total clay content should be 10% to 15%. The sand content should not be less than 40%. The remainder of the particles shall be 0- 46% soil. Organic matter content should not be less than 4% or greater than 7% (ASTM F1647a). Approved compost or stable organic matter can be used to adjust the organic matter content.

PART 3 - EXECUTION

3.1 SURFACE CONDITIONS

A. Inspection:

1. Prior to all landscape installation, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence.

2. Weeds that have emerged or persisted shall be removed or eradicated.

3. Verify that planting may be completed in accordance with the original design and the referenced standards.

4. The Contractor shall verify that the soil conditions are suitable for planting and will be acceptable for proper growth of the proposed plant materials. Soils shall be amended per plan.

B. Discrepancies:

1. In the event of discrepancy, immediately notify the Architect.

2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved.

3.2 PREPARATION FOR PLANTING

A. Place topsoil as indicated in drawings. Minimum 8" depth in all areas to receive plantings and turf.

B. Limit sub-grade preparation to areas that will be planted in the immediate future.

C. If applicable, spread stockpiled topsoil with amendments thoroughly mixed to depths shown on plans, after light rolling and natural settlement. Do not spread if planting soil or sub-grade is frozen.

D. The Contractor shall grade and otherwise restore all disturbed areas to a condition ready for planting.

E. ThE Architect, Owner shall approve grades and condition of site prior to planting operations.




F. The Contractor shall make every reasonable effort to stockpile existing top soil prior to deep excavations and reuse it in the same general locations. No direct payment shall be made for undercutting and removing unsuitable materials in cut sections or stockpiling and placement of Topsoil, as this work shall be considered subsidiary to other bid items.

G. The Contractor shall minimize settlement through placing soil in 6” lifts and compacting to 80% SPD.

H. Final grade at warranty walkthrough shall not exceed 1” +/- beyond plan.

END OF SECTION

SECTION 32 92 00 – TURF AND GRASSES


32 92 00 Turf and Grasses Page 1 of 8

PART 1 - GENERAL


1. Drawings and general provisions of Contract, including General and Supplementary Conditions apply

to this section.

1.2 SUMMARY OF WORK

A. Work shall include all labor, materials, and equipment necessary to completely furnish and install the

Turf and Grasses as indicated on the plans and as herein specified.

B. This section includes the following:

1. Seeding

2. Sodding

3. Turf renovation

C. Related Sections: The following Sections may contain requirements that relate to this Section:

1. Division 31 Section “Site Clearing” for topsoil stripping and stockpiling

2. Division 31 Section “Earthmoving” for excavation, filling and backfilling, and rough grading

1.3 SUBMITTALS


1. Pesticides and Herbicides: Include product label and manufacturer’s application instruction

specific to this project.

B. Certification of Grass Seed: From seed vendor for each grass-seed monostand or mixture stating the

botanical and common name, percentage by weight of each species and variety, and percentage of

purity, germination, and weed seed. Included year of production and date of packaging.

1. Certification of each seed mixture for turf grass sod and seed. Include identification of source,

name and telephone number of supplier.

C. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of

manicured turf grass and native meadow grass during a calendar year. Submit before expiration of

required initial maintenance periods.

D. Qualification Data: For qualified landscape installer.

E. Material Test Reports: For existing native surface topsoil, existing in-place surface soil and imported or

manufactured topsoil.

F. Product Certificates: For fertilizers from manufacturer.


A. Installer Qualifications: A qualified landscape Installer whose work has resulted in successful turf

establishment.




1. Professional Membership: Installer shall be a member in good standing of either the Professional

Landcare Network or the American Nursery and Landscape Association

2. Experience: Five (5) years’ experience in turf installation

3. Installer’s Field Supervision: Require Installer to maintain an experienced full-time supervisor

on Project Site when work is in progress

4. Pesticide Applicator: State licensed, commercial.

B. Pre-installation Conference: Before installing the turf, conduct conference at Project site with Landscape

Architect, Client and Contractor. Notify participants at least 2 working days in advance of meeting.

C. Post-installation Conference: After installing the turf, conduct a conference at Project site with Landscape

Architect, Client and Contractor for acceptance of work by the owner. Acceptance of turf shall be signed off

by Landscape Architect before maintenance responsibilities are assumed by the owner.

1.5 DELIVERY, STORAGE AND HANDLING

A. Seed and Other Packaged Materials: Deliver packaged materials in original, unopened container

showing weight, certified analysis, name and address of manufacturer, and indication of conformance

with state and federal laws, as applicable.

B. Sod: Harvest, deliver, store, and handle sod according to requirements included in this specification.

Deliver Sod in time for planting within 24 hours of harvesting. Protect sod from breakage and drying.

C. Bulk Materials:

1. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on

existing turf areas or plants.

2. Provide erosion-control measures to prevent erosion or displacement of bulk materials, discharge

or soil-bearing water runoff, and airborne dust reaching adjacent properties, water conveyance

systems, or walkways.

3. Accompany each delivery or bulk fertilizer and soil amendments with appropriate certificates.

1.6 PROJECT CONDITIONS

A. Proceed with and complete seeding work as rapidly as portions of site become available, working within

planting restrictions.

B. Protect existing utilities, paving, plant material, and other facilities from damage caused by seeding

operations.

C. Perform seeding work only after planting and other work affecting ground surface has been completed.

D. Restrict pedestrian, bicycle, vehicular and other traffic from lawn areas until grass is established. Erect

signs and barriers as required.

E. Provide hose and lawn watering equipment as required.

F. Planting Restrictions: Plant during one of the following periods.

1. Spring Planting: May 15-June 30 for cool and warm season grasses.




2. Fall planting: September 1-October 15 for cool season grasses only and dormant planting is to

be November 1-December 15.

3. Any planting outside of these date restrictions shall be approved by Landscape Architect.

G. Weather Limitations: The actual planting shall be performed during those times in this season which

are normal for such work as determined by weather conditions, and accepted practice in the locality.

H. No work shall be performed when the ground is frozen, wet or otherwise un-tillable or when even

distribution of materials cannot be obtained.

1.7 MAINTENANCE SERVICE

A. Initial Turf Maintenance Service: Provide full maintenance by skilled employees of landscape installer.

Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue

for a minimum of 3 months or until turf is accepted by owner.

2. PRODUCTS

2.1 SEED

A. Grass Seed: Fresh, clean, dry and new crop complying with AOSA’s “Journal of Seed Technology;

Rules for Testing Seeds” for purity and germination tolerances. Provide seed mixture composed of

grass species, proportions and minimum percentages of purity and germination. Noxious weed seed

free.

B. Seed Mixture types: Turf Saver RTF Fescue, or approved equal.

2.2 TURFGRASS SOD

A. Turfgrass Sod: Approved, complying with “Specifications for Turfgrass Sod Materials” in TPI’s

“Guideline Specifications to Turfgrass Sodding.” Furnish viable sod of uniform density, color and

texture, strongly rooted, and capable of vigorous growth and development when planted.

B. Sod Mixture types: Turf Saver RTF Fescue or approved equal.

2.3 FERTILIZERS

A. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast-and

slow-release nitrogen, 50 percent derived from natural organic sources or urea formaldehyde,

phosphorous, and potassium in the following composition:

1. Composition: 1 lb/1000 sq. ft. of actual nitrogen, 4 percent phosphorous, and 2 percent

potassium, by weight.

2. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports

from a qualified soil-testing laboratory.

B. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble nitrogen,

phosphorus, and potassium in the following composition:

1. Composition: 20 percent nitrogen, 10 percent phosphorous, and 10 percent potassium, by weight

2. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil report

from a qualified soil-testing laboratory.




2.4 MULCHES

A. On all seeded areas utilize DS75 North American erosion-control mat or similar.

2.5 PESTICIDES

A. General: Pesticide, registered and approved by EPA, acceptable to authorities having jurisdiction, and

of type recommended by manufacturer for each specific problem and as required for Project conditions

and application. Do not use restricted pesticides unless authorized in writing by authorities having

jurisdiction.

B. Pre-Emergent Herbicide (Selective and Non-Selective): Effective for controlling the germination or

growth of weeds within planted areas at the soil level directly below the mulch layer

C. Post-Emergent Herbicide (Selective and Non-Selective): Effective for controlling weed growth that has

already germinated.

2.6 WATER

A. Water: Free of substance harmful to seed growth. Hoses or other methods of transportation furnished

by Contractor.

3. EXECUTION

3.1 EXAMINATION

A. Examine areas to receive turf for compliance with requirements and other conditions affecting

performance.

1) Verify that no foreign or deleterious material or liquid such as paint, paint washout,

concrete slurry, concrete layers or chunks, cement, plaster, oils, gasoline, diesel fuel,




paint thinner, turpentine, tar, roofing compound, or acid has been deposited in soil

within a proposed turf area.

2) Do not mix or place soils and soil amendments in frozen, wet, or muddy conditions.

3) Suspend soil spreading, grading, and tilling operations during periods of excessive soil

moisture until the moisture content reaches acceptable levels to attain the required

results.

4) Uniformly moisten excessively dry soil that is not workable and which is too dusty.


C. If contamination by foreign or deleterious material or liquid is present in soil within a planting area,

remove the soil and contamination as directed by Landscape Architect and replace with new planting

soil.

3.2 PREPARATION

A. Protect existing structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and

plantings from damage caused by planting operations.

1. Protect grade stakes set by others until directed to remove them.

B. Install erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing

water runoff or airborne dust to adjacent properties and walkways.

3.3 TURF AREA PREPARATION

A. Limit turf subgrade preparation to proposed turf areas.

B. Newly Graded Subgrades: Scarify subgrade to a minimum depth of 18 inches. Remove stones larger

than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose

of them off Owner's property.

C. Unchanged Subgrades: If turf is to be placed in areas unaltered or undisturbed by excavating, grading,

or surface-soil stripping operations, prepare surface soil as follows:

1. Remove existing grass, vegetation, and turf. Do not mix into surface soil.

2. Loosen surface soil to a depth of at least 6 inches. Apply soil amendments and fertilizers

according to planting soil mix proportions and mix thoroughly into top 4 inches of soil. Till soil

to a homogeneous mixture of fine texture.

3. Remove stones larger than 1 inch in any dimension and sticks, roots, trash, and other extraneous

matter.

4. Legally dispose of waste material, including grass, vegetation, and turf, off Owner's property.

D. Finish Grading: Grade turf areas to a smooth, uniform surface plane with loose, uniformly fine texture.

Grade to within plus or minus 1/2 inch of finish elevation. Roll and rake, remove ridges, and fill




depressions to meet finish grades. Limit finish grading to areas that can be covered in the immediate

future.

E. Moisten prepared area before planting if soil is dry. Water thoroughly and allow surface to dry before

planting. Do not create muddy soil.

F. Before seeding or sodding, obtain Landscape Architect's acceptance of finish grading; restore proposed

turf areas if eroded or otherwise disturbed after finish grading.

G. Finish grade adjacent to hardscape shall be left down 1” or approximately 1” so that top of sod root zone

is flush with adjacent surfaces.

3.4 SEEDING

A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds

5 mph. Evenly distribute seed by sowing equal quantities in two directions at right angles to each

other.

1. Do not use wet seed or seed that is moldy or otherwise damaged.

2. Do not seed against existing trees. Limit extent of seed to outside edge of planting saucer.

B. Sow seed at a total rate 10 lb/1000 sq. ft.

C. Rake seed lightly into top 1/8 inch of soil, roll lightly, and water with fine spray.

D. Protect seeded areas with DS75 North American erosion-control mat or similar, install and anchor

according to manufacturer's written instructions.

3.5 SODDING

A. Lay sod within 24 hours of harvesting. Do not lay sod if dormant or if ground is frozen or muddy.

B. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod; do not stretch or

overlap. Stagger sod strips or pads to offset joints in adjacent courses. Avoid damage to subgrade or

sod during installation. Tamp and roll lightly to ensure contact with subgrade, eliminate air pockets,

and form a smooth surface. Sod root area not to be exposed next to walks and curbs. Work sifted soil

or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and

adjacent grass.

1. Lay sod across angle of slopes exceeding 1:3.

2. Anchor sod on slopes exceeding 1:4 with wood pegs or steel staples spaced as recommended by

sod manufacturer but not less than 2 anchors per sod strip to prevent slippage.

C. Saturate sod with fine water spray within two hours of planting. During first week after planting, water

daily or more frequently as necessary to maintain moist soil to a minimum depth of 1-1/2 inches below

sod.

3.6 TURF MAINTENANCE

A. Maintain and establish turf by watering, fertilizing, weeding, mowing, trimming, replanting, and

performing other operations as required to establish healthy, viable turf. Roll, regrade, and replant bare




or eroded areas and remulch to produce a uniformly smooth turf. Provide materials and installation

the same as those used in the original installation.

1. Fill in as necessary soil subsidence that may occur because of settling or other processes. Replace

materials and turf damaged or lost in areas of subsidence.

2. In areas where mulch has been disturbed by wind or maintenance operations, add new mulch and

anchor as required to prevent displacement.

3. Apply treatments as required to keep turf and soil free of pests and pathogens or disease. Use

integrated pest management practices whenever possible to minimize the use of pesticides and

reduce hazards.

B. Watering: Install and maintain temporary piping, hoses, and turf-watering equipment to convey water

from sources and to keep turf uniformly moist to a depth of 3.5 inches.

1. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or mulch. Lay

out temporary watering system to avoid walking over muddy or newly planted areas.

2. Water turf with fine spray at a minimum rate of 2 inch per week unless rainfall precipitation is

adequate.

C. Mow manicured turf grasses as soon as top growth is tall enough to cut. Repeat mowing to maintain a

min 2.5 inch to 3 inch height without cutting more than 1/3 of grass height. Remove no more than 1/3

of grass-leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend

over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowings

to maintain the following grass height: 3.5”

3.7 SATISFACTORY TURF

A. Turf installations shall meet the following criteria as determined by Landscape Architect:

1. Satisfactory Seeded Turf: At end of maintenance period, a healthy, uniform, close stand of grass

has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent

over any 10 sq. ft. and bare spots not exceeding 5 by 5 inches.

2. Satisfactory Sodded Turf: At end of maintenance period, a healthy, well-rooted, even-colored,

viable turf has been established, free of weeds, open joints, bare areas, and surface irregularities.

B. Use specified materials to reestablish turf that does not comply with requirements and continue

maintenance until turf is satisfactory.

3.8 PESTICIDE APPLICATION

A. Apply pesticides and other chemical products and biological control agents in accordance with

requirements of authorities having jurisdiction and manufacturer's written recommendations.




Coordinate applications with Owner's operations and others in proximity to the Work. Notify Owner

before each application is performed.

B. Post-Emergent Herbicides (Selective and Non-Selective): Apply only as necessary to treat already-

germinated weeds and in accordance with manufacturer's written recommendations.

3.9 CLEANUP AND PROTECTION

A. Promptly remove soil and debris created by turf work from paved areas. Clean wheels of vehicles before

leaving site to avoid tracking soil onto roads, walks, or other paved areas.

B. Erect temporary fencing or barricades and warning signs as required to protect newly seeded or sodded

areas from traffic. Maintain fencing and barricades throughout initial maintenance period and remove

after plantings are established.

C. Remove nondegradable erosion-control measures after grass establishment period.


SCHEDULE OF DRAWINGS

Dated: May 18, 2018

The Transit Authority of the City of Omaha

Omaha Metro – Creighton University Multi-Modal Facility GENERAL L-000 LANDSCAPE COVER SHEET S-100 SURVEY G-001 GENERAL NOTES L-100 SHEET INDEX L-101 DEMO PLAN CIVIL C-100 NOTES AND DETAILS C-101 TRENCH DRAIN DETAILS C-102 UTILITY PLAN SHEET 1 OF 4 C-103 UTILITY PLAN SHEET 2 OF 4 C-104 UTILITY PLAN SHEET 3 OF 4 C-105 UTILITY PLAN SHEET 4 OF 4 C-106 EROSION CONTROL PLAN C-107 EROSION CONTROL NOTES LIGHTING/ELECTRICAL E-000 ELECTRICAL SYMBOLS AND ABBREVIATIONS E-101 ELECTRICAL DEMO PLAN A E-102 ELECTRICAL DEMO PLAN B E-201 ELECTRICAL PLAN A E-202 ELECTRICAL PLAN B GRADING L-200 GRADING PLAN AND PROFILE L-201 GRADING PLAN AND PROFILE L-202 GRADING PLAN AND PROFILE L-203 GRADING PLAN AND PROFILE

LAYOUT L-300 LAYOUT PLAN L-301 LAYOUT PLAN L-302 LAYOUT PLAN L-303 LAYOUT PLAN L-304 ENLARGEMENT PLANS L-305 ENLARGEMENT PLANS PLANTING L-400 PLANTING PLAN L-401 PLANTING PLAN L-402 PLANTING PLAN L-403 PLANTING PLAN DETAILS L-500 COLUMN DETAILS L-501 STAIR DETAILS L-502 WALL DETAILS L-503 PAVING DETAILS L-504 LIGHTING DETAILS L-505 PLANTING DETAILS L-506 FURNISHING DETAILS L-507 ARCHWAY MONUMENTS (NOT IN CONTRACT) IRRIGATION IR-100 IRRIGATION NOTES AND SYMBOLS IR-101 IRRIGATION PLAN IR-102 IRRIGATION PLAN IR-103 IRRIGATION PLAN IR-104 IRRIGATION PLAN IR-200 IRRIGATION DETAILS IR-201 IRRIGATION DETAILS

End of Schedule of Drawings