CONSTRUCTION SPECIFICATIONS and CONTRACT DOCUMENTS …

CONSTRUCTION SPECIFICATIONS

and

CONTRACT DOCUMENTS

for

FRONT ROYAL GOLF CLUB

STORMWATER MANAGEMENT PLAN

Warren County, Virginia

PREPARED FOR

Warren County 220 North Commerce Avenue Front Royal, Virginia 22630

(540) 636-4600

PREPARED BY Pennoni Associates Inc.

117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601

(540) 667-2139

March 2017

DETAILED SPECIFICATIONS

for



OWNER

Warren County 220 North Commerce Avenue Front Royal, Virginia 22630

(540) 636-4600

PREPARED BY

Pennoni Associates Inc. 117 E. Piccadilly Street, Suite 200

Winchester, Virginia (540) 667-2139

March 2017

Front Royal Golf Club Stormwater Management Plan

Warren County, Virginia

Table of Contents

Bidding Requirements, Contract Documents and General Conditions Request for Bids Information for Bidders Bid Proposal Bid Bond Bidder Questionnaire Equal Employment Opportunity Statement Drug Free Workplace Statement Construction Contractor Agreement Payment Bond Performance Bond Notice of Award Notice to Proceed Change Order General Conditions Detailed Specifications Division No. Division Title

01 General

01100 General 01200 Measurement and Payment 02 Site Work and Utilities 02220 Earthwork 03 Concrete 03300 Cast In Place Concrete

04-16 Not Used Drawing Index Page No. Title

1 Cover Sheet 2 Notes and Legends 3 Stormwater Management Plan 4 Stormwater Management Plan 5 Stormwater Management Plan 6 Bioretention Plan 7 Bioretention Planting Plan 8 Bioretention Details 9 Stormwater Manaagement Details 10 Open Space Designation Plan

RFB - 1

Request for Bids Sealed proposals for the construction of “Front Royal Golf Club – Stormwater Management Plan” will be received by the County of Warren, Office of the County Administrator, 220 N. Commerce Avenue, Suite 100, Front Royal, Virginia 22630 until 2:00 p.m. local time, Wednesday, March 29, 2017 at which time they will be opened and read aloud. Bids received after that time will be returned unopened. Plans and specifications are available for inspection at the Warren County Administrator’s office at 220 N. Commerce Avenue, Suite 100, Front Royal, VA 22630 and Pennoni Associates Inc., 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601. Prospective bidders may obtain copies of the plans and specifications from the Winchester office of Pennoni Associates Inc. Each bid must be accompanied by a Bid Bond or Cashier’s Check of not less than five percent (5%) of the gross sum named in the bid. The Owner reserves the right to reject any and all bids and to waive any irregularities therein. No bidder may withdraw his bid within ninety (90) days after the actual date of the opening thereof, unless the bidder follows Procedure 1 as specified in the Code of Virginia, §2.2-4330. The principle features of the contract are as follows:

The project consists of grading for relocation of approximately 9 acres of gravel parking/laydown areas along with removal of sediment basins and construction of bioretention filters and dry swales on a site related to the Dominion Power project in Warren County, VA.

The contractor is reminded that all roadwork must be in accordance with the Virginia Department of Transportation specifications and utility work in accordance with the Town of Front Royal Specifications. A non-mandatory pre bid meeting will be conducted on Wednesday, March 15, 2017 at 10:00 a.m. at the Warren County Government Center, 220 N. Commerce Avenue, Suite 101, Front Royal, Virginia 22630. Bidders must be registered as Contractors in the Commonwealth of Virginia as provided by Chapter 7 of Title 54 of the Code of Virginia of 1950, as amended which requires evidence of a certificate of registration prior to submittal of a bid. Bids shall be addressed to Mr. Douglas P. Stanley , County Administrator, Warren County, 220 N. Commerce Avenue, Suite 100, Front Royal, Virginia 22630, and on the outside of the envelope plainly marked “Front Royal Golf Club – Stormwater Management Plan.” DATE: March 2, 2017 /s/ Douglas P. Stanley, County Administrator, County of Warren

Information for Bidders - 1

INFORMATION FOR BIDDERS

BIDS will be received by the County of Warren (herein called the “OWNER”) at the Office of the

County Administrator, 220 N. Commerce Avenue, Suite 100, Front Royal, Virginia 22630 until 2:00

p.m. local time, Wednesday, March 29, 2017 at which time they will be opened and read aloud. Bids

received after this time will be returned unopened. Each BID must be submitted in a sealed envelope, addressed to: Mr. Douglas P. Stanley, County Administrator County of Warren 220 N. Commerce Avenue, Suite 100 Front Royal, Virginia 22630

Each sealed envelope containing a BID must be plainly marked on the outside containing a bid for

“Front Royal Golf Club – Stormwater Management Plan” and the envelope shall bear on the

outside the name of the bidder, his address, and his Virginia contractor's license number. If

forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope

addressed to the OWNER.

All BIDS must be made on the required BID PROPOSAL form. All blank spaces for BID prices must

be filled in, in ink or typewritten, and the BID must be fully completed and executed when submitted.

Only one copy of the BID form and supporting documents is required.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may

be withdrawn prior to the scheduled time and date for the opening of BIDS or any authorized

postponement thereof. Any BID received after the time and date specified shall not be considered.

No BIDDER may withdraw a BID within 90 days after the actual date of opening thereof.* Should

there be reasons why the contract cannot be awarded within the 90 day period, the time may be

extended by mutual agreement between the OWNER and the BIDDER.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the contract

documents by examination of the site and a review of the drawings and specifications including

ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a

misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

A non-mandatory pre bid meeting will be conducted on Wednesday, March 15, 2017 at 10:00 a.m. at the Warren County Government Center, 220 N. Commerce Avenue, Suite 101, Front Royal, Virginia 22630.

The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and

delineates and describes, the land owned and rights-of-way acquired or to be acquired by the

OWNER.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the

PROJECT. Information obtained from any officer, agent, or employee of the OWNER or any other

person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from

fulfilling any conditions of the contract. A performance BOND and a payment BOND, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contact. *Unless the BIDDER follows Procedure 1 as specified in the Code of Virginia, §2.2-4330.

Information for Bidders - 2

Attorneys-in-fact who sign BID BONDS or Payment BONDS and Performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney. Each bid must be accompanied by a BID BOND or Cashier’s Check payable to the OWNER of not less than five (5) percent of the total amount of the bid. As soon as the BID prices have been compared, the OWNER will return the BONDS except the three lowest BIDDERS. When the Agreement is executed the BONDS of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the Payment BOND and Performance BOND have been executed and approved, after which it will be returned. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND and payment BOND within ten (10) calendar days from the date when the NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In the case of failure of the BIDDER to execute the Agreement, the OWNER may at his option consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the OWNER. The OWNER, within ten (10) days of receipt of an acceptable performance BOND and payment BOND and Agreement signed by the party to who the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. IF the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may by WRITTEN NOTICE terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish the OWNER all such information and data for this purpose as the OWNER may require. The OWNER reserves the right to reject any BID if the evidence submitted by, or the investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein. A conditional or qualified BID will not be accepted. Time is of the essence. Contract award will be made to the lowest responsive responsible BIDDER. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID. The low BIDDER will provide the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER. The ENGINEER for the PROJECTS is: Pennoni Associates Inc. Ronald Mislowsky, P.E. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 (540) 667-2139

BP - 1

BID



Proposal of (hereinafter called

“BIDDER), organized and existing under the laws of the State of

Doing business as *.

To County of Warren (hereinafter call “OWNER”). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of “Front Royal Golf Club – Stormwater Mangement Plan” in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 90 days following the Notice to Proceed unless extended. BIDDER further agrees to pay as liquidated damages, but not as a penalty, the sum of $500.00 for each consecutive calendar day thereafter as provided in Section 15 of the General Conditions. BIDDER acknowledges receipt of the following ADDENDUM:

* Insert “a corporation”, “partnership”, or “an individual” as applicable.

BP - 2

BID PROPOSAL

Front Royal Golf Club – Stormwater Management Plan

Item No.

Total

1. Furnish & Install all labor, materials and equipment to construct the Front Royal Golf Club -

Stormwater Management Plan.

( ) Lump Sum

$

Words

TOTAL BID ITEM (Item 1)

$

The following is an outline of the project Schedule of Values for bid evaluation by the ENGINEER and OWNER.

Item Description Lump Sum Total Cost

PART A GENERAL 1. Mobilization LS

2. Performance & Payment Bonds LS

3. Construction Survey LS

4. Permits LS

Subtotal Part A:

PART B SITE IMPROVEMENTS 1. Grading & Earthwork LS

2. Relocation of gravel LS

3. Topsoil and seeding LS

LS

Subtotal Part B :

PART C STORMWATER 1. Construct bioretention filter BRF-A LS

2. Construct dry swale LS

3. Construct diversion dike LS

4. Construct bioretention filter BRF-B LS

5. Remove sediment Basin - north LS

6. Remove sediment Basin - south LS

Subtotal Part C:

BP - 3

Item Description Lump Sum Total Cost

PART D EROSION AND SEDIMENT CONTROL 1.

Install construction entrances, silt fences, safety fence, inlet and outlet protection, seeding and mulching in accordance with the E&S Narrative, Phase 1 & 2 ESC Plans and the SWPPP. LS

Subtotal Part D:

TOTAL PARTS A, B, C, & D:

Respectfully Submitted:

Signature Address

Title Date

Virginia Contractor's License Number ATTEST (Seal - If BID is by a corporation)

Bid Bond - 1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,

________________________________________________________________ as Principal, and

________________________________________________________ as Surety, are hereby

held and firmly bound unto _________________________________________ as OWNER

in the penal sum of ______________________________________________ for the payment of

which, well and truly to be made, we hereby jointly and severally bind ourselves, successors

and assigns.

Signed, this ___________ day of ___________________________ , 20 ___

The Condition of the above obligation is such that whereas the Principal has submitted to

a certain BID, attached hereto and hereby

made a part hereof to enter into a contract in writing, for the ______________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

NOW THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID,

then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

Bid Bond - 2

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

_____________________________________ Principal BY: __________________________________ _____________________________________ Surety BY: __________________________________

IMPORTANT – Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

Bidder Questionnaire - 1

BIDDER QUESTIONNAIRE

(Must be filled out in its entirety and submitted with Bid Proposal)

Submitted By ___________________________________________________________________

(Name of Bidder)

( ) an Individual, ( ) a Partnership, ( ) a Corporation.

Principal Office Address:____________________________________________

The bidder guarantees the truth and accuracy of all statements and all answers to questions hereinafter

made.

1. How many years has your organization been in business and as a contractor under

your present business name? years

2. How many years’ experience in utility and earthwork construction has your

organization had as a general contractor? _____ As a sub-contractor? ____

3. List below the requested information concerning projects your organization has

completed in the last five years for the type of work required in this project.

Project Title Contract Amount Req. Completion Time Actual Completion Time Name/Address/Phone# of Owner

4. Identify proposed subcontractors and their activities in this project.

Equal Employment Opportunity

EQUAL EMPLOYMENT OPPORTUNITY (Must be submitted with Bid Proposal)

During the performance of this Contract the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

b. The contractor will, in all solicitations or advertisements for employees placed by

or on behalf of the Contractor, state that all qualified applicant will receive consideration for employment without regard to race, color, religion, sex or national origin.

c. The Contractor will send to each labor union or representative of workers with

which he has a collective bargaining agreement or other Contract understanding, a notice, to be provided, advising the labor union or worker’s representative of the Contractor’s commitments under the Equal Employment Opportunity Section of this Contract, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. In the event of the Contractor’s noncompliance with the nondiscrimination

clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further OWNER contracts.

e. The Contractor will include the provisions of this section in every subcontract or

purchase order of Ten Thousand Dollars ($10,000.00) or more unless exempted by rules, regulations, or orders of the OWNER so that such provisions will be binding upon each Subcontractor or vendor.

Corporate Name Attest: By:

Title: Title:

Date:

Drug Free Workplace

DRUG FREE WORKPLACE

During the performance of this Contract the Contractor agrees as follows:

(a) Provide a drug-free workplace for the Contractor’s employees,

(b) Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition,

(c) State in all solicitations or advertisements for employees placed by or on behalf

of the Contractor that the contractor maintains a drug-free workplace; and

(d) Includes the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each Subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with this specific contract awarded to a Contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

Corporate Name Attest: By:

Title: Title:

Date:

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THE COUNTY of WARREN

CONSTRUCTION CONTRACTOR AGREEMENT

THIS AGREEMENT (hereinafter the "County/Contractor Agreement", the “Owner/Contractor

Agreement” or "Agreement") made as of the _____ day of _________________, 2017, by and between

the County of Warren, Virginia, a political subdivision of the Commonwealth of Virginia, acting by and

through its Board of Supervisors (hereinafter the "Owner" or "County”), Virginia, and the “Contractor”:

Name of Contractor

Virginia Class _____ Contractor

Contractor Number:

For development/construction of the following Project:

Furnish and provide all necessary services, supervision, labor, materials, tools and

equipment and other items and personnel necessary to complete the Stormwater

Management Plan at Front Royal Golf Club in Warren County, Virginia, as indicated,

described and defined by the attached specifications prepared by Pennoni Associates, Inc.

For and in consideration of the mutual covenants contained herein, the County and the Contractor

agree as set forth below.

Article 1

The Contract Documents

1.1 The Contract Documents include the Invitation for Bids, Information for Bidders, County of

Warren/Contractor Agreement, the Conditions of the Contract (General and Supplementary), the

Drawings, the Specifications, Bids, Bonds, Notice of Award, Waiver and Release of Liens, and

all Addenda issued prior to and all Modifications issued after execution of the Agreement. These

form the Contract, and are as fully a part of the Contract as if attached to the Agreement. The

Contract Documents are further enumerated and defined in Article 1 of the General Conditions.

Article 2

Statement of the Work

2.1 The Contractor shall furnish all supervision, labor, materials and equipment needed for the

construction of the Project, as required by the Contract Documents.

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Article 3

Contract Time and Liquidated Damages

3.1 Time is of the essence. The Work to be performed under this Contract shall be commenced after

issuance of the Notice to Proceed and the Work shall be completed within 90 days as stated in

Owner’s Notice to Proceed.

3.2 See also Article 8 "Time" of the General Conditions.

3.3 In case the Contractor shall fail to finally complete the work hereunder in accordance with the

Specifications and to the satisfaction of the Owner within the time stated in the Owner/Contractor

Agreement or any written extension thereof by the Owner, the Contractor shall and will pay to the

Owner the sum of $500, for each and every calendar day that the Work exceeds the time set forth

by the Contract Documents, including all time extensions under Article 8.

Due to the parties' inability to estimate the Owner's actual damages with precision, the sum is

hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the

Owner will suffer by reason of said delay, default and inability to use said improvements at the

time specified for completion, and not as a penalty. Owner shall and may deduct and retain the

amount of such liquidated damages out of any monies which may be due or become due from it

to the Contractor.

Article 4

Contract Price and Payments to the Contractor

4.1 In consideration of the Performance of the Contract, the Owner agrees to pay the Contractor as

compensation for his services the firm, fixed price of: _____________________________.

4.2 See also Article 9 "Payments and Completion" of the General Conditions.

Article 5

Owner's Authorized Representative

5.1 Owner's Authorized Representative

For the purposes of this Contract, the term "Owner's Authorized Representative" as used in the

Conditions of the Contract shall be:

Jeffrey L. Hayes, Clerk of the Works

County of Warren, Virginia

220 N. Commerce Avenue, Suite 100

Front Royal, Virginia 22630

(540) 636-4600

FAX: (540) 636-6066

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Article 6

Notice

6.1 Notice: The term "Notice" as used herein shall mean and include written notice. Any legal notice

by any party shall be deemed to have been duly given if either delivered personally or enclosed in

a registered, postpaid envelope addressed to:

The Owner:




(540) 635-4600

FAX (540) 636-6066

The Owner's Authorized Representative:

Jeffrey L. Hayes, Clerk of the Works




(540) 636-4600

FAX: (540) 636-6066

The Contractor:

_________________________________

Article 7

Miscellaneous

7.1 Non-Discrimination: During the performance of this agreement, Contractor agrees that

Contractor will not discriminate against any employee or applicant for employment because of

race, religion, color, sex, or natural origin except where religion, sex, or natural origin is a bona

fide occupational qualification reasonably necessary for the normal operation of the Contractor.

Contractor agrees to post in conspicuous places available to employees and applicants for

employment notices setting forth the provisions of this non-discrimination clause. Contractor in

all solicitations or advertisements for employees placed by or on behalf of Contractor will state

that Contractor is an equal opportunity employer. Contractor will include the provisions of this

paragraph in every sub-contract or purchase order of over $10,000.00 so that the provisions will

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be binding upon each sub-contractor or vendor. The County of Warren does not discriminate

against faith-based organizations.

7.2 Services Rendered: Contractor shall perform all services to be rendered pursuant to this

Contract at the location specified above. Contractor agrees to maintain all facilities and

equipment used by Contractor under this Contract in clean, sanitary, and safe condition and free

from defects of every kind.

7. 3 Licenses and Permits: Contractor agrees that it has procured all licenses, permits, or other like

permission required by law to conduct or engage in the activity provided for in this Contract; that

it will procure all additional licenses, permits, or like permission required by law during the term

of this Contract; and that it will keep such licenses, permits, and permissions in full force and

effect during the term of this Contract

7.4 Independent Contractor: Contractor understands and agrees that the relationship of service

provider to the County arising out of this Contract shall be that of independent contractor. It is

understood that the Contractor, or its staff and employees, are not employees of the County and

are, therefore, not entitled to any benefits provided employees of the County. Contractor shall be

responsible for reporting and accounting for all State, Federal, Social Security, and local taxes

where applicable.

7.5. Insurance: Contractor shall procure and maintain general liability insurance for protection from

claims arising out of performance of services caused by a negligent error, omission or act for

which he is legally liable. Contractor shall deliver to Owner, upon execution of this Agreement,

certificates of such insurance. Such insurance shall provide for coverage in the following amounts

and be effective through the date of the end of the Project unless as further specified in general or

supplemental conditions prepared by the Engineer and made a part of this Agreement. Such

insurance shall name the County as an additional insured and shall contain a provision that

coverages afforded under the policies shall not be terminated, cancelled or otherwise allowed to

expire until at least thirty (30) days prior written notice has been given to the Owner:

Commercial General Liability having limits no less than the following:

Bodily Injury and Property Damage $1,000,000 each occurrence

$2,000,000 aggregate per project

Business Auto liability having limits no less than the following:

Bodily Injury and Property Damage $1,000,000 combined single limit

Umbrella Liability Insurance covering the excess over the limits specified for all

commercial general liability and business auto liability insurance required

hereunder with minimum limits of $5,000,000 aggregate per policy year.

Workers Compensation as required by Virginia law

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7.6 Standard of Care: Contractor shall perform the services herein described expeditiously and

diligently and in accordance with the standard of care and skill ordinarily exercised under similar

conditions by reputable members of its profession or trade practicing in the same or similar

locality within the Commonwealth of Virginia existing as of the date such services are provided

and in accordance with all applicable laws, codes, and regulations in effect as of the date such

services are provided.

7.7 Compliance with Immigration Laws: The Service Provider agrees and represents that it does

not now, nor will it during the performance of this contract, knowingly employ an unauthorized

alien as defined in the federal Immigration Reform and Control Act of 1986.

7.8 Service Provider Authorized to Transact Business in Virginia: During the performance of

this contract, the Service Provider agrees to be authorized to transact business in the

Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or

Title 50 of the Code of Virginia (1950), as amended, or as otherwise required by law.

7.9 Drug-free Workplace:

A. During the performance of this contract, the Service Provider agrees to (i) provide a drug-free

workplace for the Service Provider's employees; (ii) post in conspicuous places, available to

employees and applicants for employment, a statement notifying employees that the unlawful

manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or

marijuana is prohibited in the Service Provider's workplace and specifying the actions that will be

taken against employees for violations of such prohibition; (iii) state in all solicitations or

advertisements for employees placed by or on behalf of the Service Provider that the Service

Provider maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses

in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the

provisions will be binding upon each subcontractor or vendor.

B. For the purposes of this section, "drug-free workplace" means a site for the performance of

work done in connection with a specific contract awarded to a Service Provider in accordance

with this chapter, the employees of whom are prohibited from engaging in the unlawful

manufacture, sale, distribution, dispensation, possession or use of any controlled substance or

marijuana during the performance of the contract.

This Agreement executed the day and year first written above.

THE COUNTY OF WARREN Name of Contractor

Acting by and through its

Board of Supervisors

By: ______________________________ By: ________________________________________

Douglas P. Stanley

County Administrator

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STATE OF VIRGINIA:

COUNTY OF WARREN, TO-WIT:

I, _________________________________, a Notary Public in and for the State of Virginia, do

hereby certify that Douglas P. Stanley, whose name is signed to the foregoing Agreement, has this day

personally appeared and acknowledged the same before me in my State and County aforesaid.

Given under my hand this _______ day of ________________, 2017.

________________________________

NOTARY PUBLIC

Commission expiration date:___________

Notary registration number:___________

STATE OF VIRGINIA:

COUNTY/CITY OF _______________, TO-WIT:

I, _________________________________, a Notary Public in and for the State of Virginia, do

hereby certify that _________________________, whose name is signed to the foregoing Agreement, has

this day personally appeared and acknowledged the same before me in my State and County aforesaid.

Given under my hand this _______ day of _____________________, 2017.

________________________________

NOTARY PUBLIC

Commission expiration date:___________

Notary registration number:___________

Approved as to Form:

__________________________

Dan N. Whitten

County Attorney

END OF OWNER/CONTRACTOR AGREEMENT

SCC - 1

LABOR AND MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, _______________

______________________________________________________________, as Principal, and

___________________________________________________________________________, as Surety,

acknowledge ourselves held and firmly bound unto the County of Warren, Virginia as Obligee in the

amount of _________________________________ for the payment of which, well and truly to be made,

we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and

assigns.

WHEREAS, the said _______________________________ did, on the _____ day of ______________,

2017, enter into a contract with the County of Warren, Virginia, to complete the Stormwater

Management Plan at Front Royal Golf Club in Warren County, Virginia, which said contract is by

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

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall

promptly make payment to all claimants as hereinafter defined, for all labor and material used or

reasonably required for use in the performance of 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 Principal or with a

subcontractor of the Principal for labor, material, or both, used or reasonably required for

use in the performance of the Contract, labor and material being construed to also include

that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of

equipment directly applicable to the Contract.

2. The above-named Principal and Surety hereby jointly and severally agree with the

County that every claimant as herein defined, who has not been paid in full before the

expiration of a period 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

SCC - 2

sue on this bond for such sum or sums as may be justly due claimant, and have execution

thereon. The County shall not be liable for the payment of any costs or expenses of any

such suit.

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

A. Unless claimant, other than one having a direct contract with the Principal, shall

have given written notice of the following: The Principal, the County, and the

Surety above named, within ninety (90) 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 or certified mail,

postage prepaid, in an envelope addressed to the Principal, County and 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 Principal 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.

SCC - 3

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.

SIGNED AND SEALED this ______ day of _________________, 2017.

__________________________________

Contractor

BY ____________________________________

ATTEST:

__________________________________________

__________________________________

Surety

BY _____________________________________

ATTORNEY-IN-FACT

_________________________________

Resident Virginia Agent of Surety

(if original agent is non-resident)

Submit with Power of Attorney

APPROVED AS TO FORM

________________________

Dan N. Whitten

County Attorney

SCC- 1

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned ________________

________________________________________________________________, as Principal, and

_____________________________________________________________________, as Surety,

acknowledge ourselves held and firmly bound unto the County of Warren, Virginia as Obligee, in

the amount of ___________________________________for the payment of which, well and truly to

be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators,

successors and assigns.

WHEREAS, the said _____________________________did, on the _____ day of ______________,

2017, enter into a contract with the County of Warren, Virginia, to complete the Stormwater

Management Plan at Front Royal Golf Club in Warren County, Virginia which said contract is

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

NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects

promptly and faithfully comply with and fulfill all the terms and conditions of said contract, then this

obligation shall be void; otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any change, alteration or addition to the terms of the Contract or

extension of time made by the Owner.

Whenever Principal shall be, and declared by Obligee to be in default under the Contract, 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 the Obligee elects, upon determination by the Obligee and Surety jointly of the

lowest responsible bidder, arrange for a contract between such bidder and Obligee,

SCC- 2

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 the Obligee to Principal under

the Contract and any amendments thereto, less the amount properly paid by

Obligee to Principal.

It is hereby expressly further understood and agreed that this Bond is also given and made

against defective material and workmanship in the said work covered by the said Contract,

provided, however, that no suit, action or proceeding, by reason of any defect whatever, shall

be brought upon this Bond after one (1) year following the date of final acceptance of the

completed project by the Owner.

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

the Obligee named herein or the heirs, executors, administrators or successors of Obligee.

SCC- 3

SIGNED AND SEALED this _____ day of __________________, 2017.

PRINCIPAL

BY_______________________________

ATTEST:

_____________________________

________________________________

SURETY

BY_______________________________

ATTORNEY-IN-FACT

COUNTERSIGNED:

________________________________

Resident Virginia Agent of Surety

(if original Agent is non-resident)

Submit with Power of Attorney

APPROVED AS TO FORM

________________________

Dan N. Whitten

Interim County Attorney

SCC- 4

Notice of Award - 1

NOTICE OF AWARD

To:

PROJECT Description: Front Royal Golf Club – Stormwater Management Plan

The OWNER has considered the BID submitted by you for the above described WORK dated , 2017. You are hereby notified that your BID has been accepted for items in the amount of $ . You are required to execute the Agreement and furnish the required CONTRACTOR'S Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of , 2017. By Douglas P. Stanley Title County Administrator, The County of Warren

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged

By

This the Day of , 2017

By ______________________________________

Title_____________________________________

Notice to Proceed - 1

NOTICE TO PROCEED To:

Date:

, 2017

Project: Front Royal Golf Club,

Stormwater Management Plan

You are hereby notified to commence WORK in accordance with the Agreement

dated , 2017, on or before , 2017 and you are to complete the WORK

prior to 2017 . The date of completion of all WORK is therefore , 2017.

The County of Warren

Owner

By

Title

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED

is hereby acknowledged by:

this

the

day

of , 2017.

By

Title

CHANGE ORDER

Order No.: Date: Agreement Date: NAME OF PROJECT:

OWNER:

CONTRACTOR:

The following changes are hereby made to the CONTRACT DOCUMENTS:

Justification: Change to CONTRACT PRICE:

Original CONTRACT PRICE $ Current CONTRACT PRICE adjusted by previous CHANGE ORDER $

The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $ The CONTRACT PRICE including this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by Calendar days. The date for completion of all work will be (Date) Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope of objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested By: ________________________________________________________________________________ Recommended By: ____________________________________________________________________________ Ordered By: __________________________________________________________________________________

Accepted By: _________________________________________________________________________________

GENERAL CONDITIONS

GENERAL CONDITIONS (i)

THE COUNTY OF WARREN, VIRGINIA

GENERAL CONDITIONS

For Construction of

Front Royal Golf Club Stormwater Management Plan County of Warren

March 1, 2017

TABLE OF ARTICLES

Page

ARTICLE 1: CONTRACT DOCUMENTS ................................................................................................................................... 4

1.1 DEFINITIONS ................................................................................................................................................ 4

1.2 EXECUTION, CORRELATION AND INTENT ............................................................................................ 5

1.3 OWNERSHIP AND USE OF DOCUMENTS ................................................................................................ 6

ARTICLE 2: OWNER'S AUTHORIZED REPRESENTATIVE ................................................................................................... 6

2.1 DEFINITIONS ................................................................................................................................................ 6

2.2 SERVICES OF THE OWNER'S AUTHORIZED REPRESENTATIVE ........................................................ 6

ARTICLE 3: OWNER .................................................................................................................................................................... 7

3.1 DEFINITIONS ............................................................................................................................................... 7

3.2 INFORMATION, SERVICES AND RIGHTS OF THE OWNER .................................................................. 7

3.3 OWNER'S RIGHT TO STOP OR TO SUSPEND WORK ............................................................................. 7

3.4 OWNER'S RIGHT TO CARRY OUT THE WORK ....................................................................................... 8

3.5 EXAMINATION OF RECORDS ..................................................................................................................... 8

ARTICLE 4: CONTRACTOR ........................................................................................................................................................ 9

4.1 DEFINITION .................................................................................................................................................... 9

4.2 REVIEW OF CONTRACT DOCUMENTS ...................................................................................................... 9

4.3 SUPERVISION AND CONSTRUCTION PROCEDURES ............................................................................. 9

4.4 INSPECTION OF CONSTRUCTION ........................................................................................................... 10

4.5 CONTRACTOR'S REPRESENTATIONS ..................................................................................................... 10

4.6 LABOR AND MATERIALS.......................................................................................................................... 11

4.7 WARRANTY ................................................................................................................................................. 12

4.8 TAXES ........................................................................................................................................................... 13

4.9 PERMITS, FEES AND NOTICES ................................................................................................................. 13

4.10 SUPERINTENDENT ..................................................................................................................................... 13

4.11 PROJECT SCHEDULES................................................................................................................................ 13

4.12 RESPONSIBILITY FOR COMPLETION ..................................................................................................... 13

4.13 DOCUMENTS, SAMPLES AND OTHER SUBMITTALS AT THE SITE .................................................. 14

4.14 SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND OTHER SUBMITTALS .................................. 14

4.15 CLEANING UP .............................................................................................................................................. 14

4.16 ROYALTIES AND PATENTS ...................................................................................................................... 14

4.17 INDEMNIFICATION .................................................................................................................................... 15

4.18 PERSONS AUTHORIZED TO SIGN DOCUMENTS .................................................................................. 15

ARTICLE 5: SUBCONTRACTORS

5.1 DEFINITIONS ............................................................................................................................................... 16

GENERAL CONDITIONS

GENERAL CONDITIONS (ii)

5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK .......... 16

5.3 SUBCONTRACTUAL RELATIONS ............................................................................................................ 16

5.4 QUALIFICATION SUBMITTALS................................................................................................................ 17

ARTICLE 6: WORK BY OWNER OR BY SEPARATE CONTRACTORS .............................................................................. 17

6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS ...................... 17

6.2 MUTUAL RESPONSIBILITY....................................................................................................................... 17

6.3 OWNER'S RIGHT TO PERFORM DISPUTED WORK ............................................................................... 18

6.4 COORDINATION OF THE WORK .............................................................................................................. 18

ARTICLE 7: MISCELLANEOUS PROVISIONS ....................................................................................................................... 18

7.1 GOVERNING LAW ....................................................................................................................................... 18

7.2 SUCCESSORS AND ASSIGNS .................................................................................................................... 18

7.3 CLAIMS FOR DAMAGES ............................................................................................................................ 18

7.4 DISPUTES ...................................................................................................................................................... 19

7.5 TESTS ............................................................................................................................................................ 19

7.6 UNENFORCEABILITY OF ANY PROVISION ........................................................................................... 20

7.7 AVAILABILITY OF LANDS ........................................................................................................................ 20

ARTICLE 8: TIME ....................................................................................................................................................................... 20

8.1 DEFINITIONS ............................................................................................................................................... 20

8.2 PROGRESS AND COMPLETION ................................................................................................................ 21

8.3 DELAYS AND EXTENSIONS OF TIME ..................................................................................................... 21

ARTICLE 9: PAYMENTS AND COMPLETION ........................................................................................................................ 21

9.1 CONTRACT PRICE....................................................................................................................................... 21

9.2 SCHEDULE OF VALUES ............................................................................................................................. 21

9.3 APPLICATIONS FOR PAYMENT ............................................................................................................... 22

9.4 CERTIFICATES FOR PAYMENT ................................................................................................................ 22

9.5 PROGRESS PAYMENTS .............................................................................................................................. 22

9.6 PAYMENTS WITHHELD ............................................................................................................................. 23

9.7 SUBSTANTIAL COMPLETION ................................................................................................................... 23

9.8 FINAL COMPLETION AND FINAL PAYMENT ........................................................................................ 24

9.9 PARTIAL OCCUPANCY OR USE ............................................................................................................... 25

ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY ................................................................................................ 26

10.1 SAFETY PRECAUTIONS AND PROGRAMS ............................................................................................. 26

10.2 SAFETY OF PERSONS AND PROPERTY .................................................................................................. 26

10.3 EMERGENCIES ............................................................................................................................................ 27

ARTICLE 11: BONDS AND INSURANCE ................................................................................................................................. 27

11.1 BONDS ........................................................................................................................................................... 28

11.2 CONTRACTOR'S LIABILITY INSURANCE ............................................................................................. 28

11.3 OWNER’S LIABILITY INSURANCE .......................................................................................................... 29

11.4 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE ..................................................... 29

11.5 PROPERTY INSURANCE ............................................................................................................................ 29

ARTICLE 12: CHANGES IN THE WORK ................................................................................................................................. 31

12.1 CHANGES IN THE WORK .......................................................................................................................... 31

12.2 FIELD ORDER .............................................................................................................................................. 31

12.3 REQUEST FOR PROPOSAL ........................................................................................................................ 31

12.4 PROPOSED CHANGE ORDER .................................................................................................................... 32

12.5 CHANGE ORDER ........................................................................................................................................ 33

12.6 UNILATERAL CHANGE ORDER ............................................................................................................... 34

12.7 DECREASES AND WORK NOT PERFORMED ......................................................................................... 34

12.8 CHANGES IN LINE AND GRADE .............................................................................................................. 35

12.9 DIFFERING SITE CONDITIONS ................................................................................................................. 35

GENERAL CONDITIONS

GENERAL CONDITIONS (iii)

12.10 CLAIMS FOR ADDITIONAL COST AND/OR TIME ................................................................................. 35

12.11 ATTORNEYS' FEES AND OTHER EXPENSES ......................................................................................... 36

ARTICLE 13: UNCOVERING AND CORRECTION OF WORK .............................................................................................. 36

13.1 UNCOVERING OF WORK ........................................................................................................................... 36

13.2 CORRECTION OF WORK ............................................................................................................................ 36

13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK ......................................................... 37

ARTICLE 14: TERMINATION OF THE CONTRACT ............................................................................................................... 37

14.1 TERMINATION FOR THE CONVENIENCE OF THE OWNER ................................................................ 37

14.2 ALLOWABLE CONVENIENCE TERMINATION COSTS ......................................................................... 37

14.3 DEFAULT TERMINATION .......................................................................................................................... 38

14.4 GENERAL TERMINATION PROVISIONS ................................................................................................. 39

GENERAL CONDITIONS

GENERAL CONDITIONS (4)

THE COUNTY OF WARREN, VIRGINIA

GENERAL CONDITIONS

ARTICLE 1: CONTRACT DOCUMENTS

1.1 DEFINITIONS

1.1.1 The Contract Documents The Contract Documents consist of the Advertisement or Invitation for Bids, Information for Bidders, Insurance

Checklist, Bids, Bonds, the Notice of Award and the County/Contractor Agreement, including Conditions of the

Contract (General and Supplementary Conditions), the Drawings, the Specifications, all Addenda issued prior to

and all Modifications issued after execution of the Agreement. A Modification is either a written Change Order

issued pursuant to the provisions of Article 12.1, or a written order for a minor change in the Work issued by the

Owner pursuant to Article 12.5. The Owner has the right to include the Offeror's Bid or Proposal in the Contract

Documents.

1.1.2 The Contract The Contract is the sum of all the Contract Documents. This Contract represents the entire and integrated

agreement between the Owner and the Contractor and supersedes all prior negotiations, representations, or

agreements, either written or oral. The Contract may be changed only by a Modification as defined in Article

1.1.1.

1.1.3 The Work The Work comprises the completed construction required by the Contract Documents and includes all labor,

material, equipment, supplies and other facilities or things necessary to produce such construction, and all

materials, equipment and supplies incorporated or to be incorporated in such construction.

1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the

whole or a part.

1.1.5 Furnish, Install, Provide The terms "Furnish" or "Install" or "Provide," unless specifically limited in context, mean: furnishing and

incorporating a specified item, product or material in the Work, including all labor, materials, and equipment

necessary to perform the work required, ready to use.

1.1.7 Firm, Fixed Price or Lump Sum The terms "Firm, Fixed Price" or "Lump Sum" mean that the Contract Work shall be performed for the price

stated in the Contract without any adjustment based on the Contractor's actual costs unless such adjustment is

made by a properly executed Contract Change or Modification.

1.1.8 Schedule of Values The term "Schedule of Values" means the unit prices for portions of the Work submitted by the Contractor and

approved by the Owner's Authorized Representative for use in preparing Applications for Payment and pricing

Contract Changes. The Schedule of Values shall not alter the Firm, Fixed Price or Lump Sum value of the

Contract.

1.1.9 Miscellaneous Words or Terms Whenever they refer to the Work or its performance, "Directed," "Required," "Permitted," "Ordered,"

"Designated," "Prescribed," and words of like import shall imply the direction, requirements, permission, order,

designation or prescription of the Owner and/or the Owner's Authorized Representative, and "Approved,"

"Acceptable," "Satisfactory," "in the judgment of," and words of like import shall mean approved by or acceptable

to or satisfactory to or in the judgment of the Owner and/or the Owner's Authorized Representative. "Approved"

GENERAL CONDITIONS


means approved in writing, including subsequent written confirmation of prior oral approval and "Approval"

means approval in writing, including all aforesaid.

1.2 EXECUTION, CORRELATION AND INTENT

1.2.1 The Contract Documents shall be signed in not less than duplicate by the Owner and the Contractor and each set

shall be deemed an original, but all sets shall constitute one and the same instrument.

1.2.2 By executing the Contract, the Contractor represents that he has familiarized himself with, and assumes full

responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work,

locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may

in any manner affect performance of the Work, and represents that he has correlated his study and observations

with the requirements of the Contract Documents. The Contractor also represents that he has studied all surveys

and investigation reports of subsurface and latent physical conditions referred to in the Contract Documents and

made such additional surveys and investigations as he deems necessary for the performance of the Work at the

Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the

results of all such data with the requirements of the Contract Documents.

1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of

the Work. The Contract Documents are complimentary, and what is required by any one shall be as binding as if

required by all. Should any work or material be required which is not denoted in the drawings and specifications

either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, it

is understood and agreed that the same is implied and required and that the Contractor shall perform such work

and furnish such materials as fully as if they were completely delineated and prescribed.

Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents

in accordance with such recognized meanings unless otherwise specifically defined herein. The Table of Articles,

titles, headings, and running headlines contained herein and in said documents are solely to facilitate reference to

various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of

the provisions to which they refer.

1.2.4 The organization of the specifications into divisions, sections and articles, and the arrangement of drawings are

for clarity only, and shall not control the Contractor in dividing the Work among subcontractors or in establishing

the extent of Work to be performed by any trade. The Contractor may subcontract the Work in such divisions as

he sees fit and he is ultimately responsible for furnishing all work shown on the drawings and/or in the

specifications. The Owner shall furnish to Contractor up to five (5) copies of the Contract Documents, and

additional copies will be furnished, upon request, at the cost of reproduction.

1.2.5 Anything shown on the drawings and not mentioned in the specifications or mentioned in the specifications and

not shown on the drawings shall have the same effect as if shown or mentioned respectively in both. Technical

specifications take priority over general specifications and detail drawings take precedence over general drawings.

Any work shown on one drawing shall be construed to be shown in all drawings and the contractor will

coordinate the work and the drawings. If any portion of the Contract Documents shall be in conflict with any

other portion, the various documents comprising the Contract Documents shall govern in the following order of

precedence: The County/Contractor Agreement; Changes; Addenda; the Supplementary Conditions; the General

Conditions; the Specifications; the drawings; the bonds; the advertisement for bids or invitation or request for

proposal; information for bidders; bids; the notice of award; as between schedules and information given on

drawings and the scaled measurements, the figures shall govern; as between large-scale drawings and small-scale

drawings, the larger scale shall govern. Any such conflict or inconsistency between or in the drawings shall be

submitted to the Owner's Authorized Representative whose decision thereon shall be final and conclusive.

1.2.6 The Contractor acknowledges and agrees that this Contract is not intended to create, nor shall any provision be

interpreted as creating, any contractual relationship between the Owner and any third parties including all

Subcontractors.

1.2.7 The Provisions of this Contract cannot be changed, varied or waived in any respect except by a written

Modification or Change Order. The Contractor is hereby given notice that no person has authority to orally

GENERAL CONDITIONS


waive, or to release the Contractor from any of the Contractor's duties or obligations under or arising out of this

Contract. Any waiver, approval or consent granted by Changes to the Contractor shall be limited to those matters

specifically and expressly stated thereby to be waived, approved or consented to and shall not relieve the

Contractor of the obligation to obtain any future waiver, approval or consent.

1.3 OWNERSHIP AND USE OF DOCUMENTS

1.3.1 All drawings, specifications, and copies thereof furnished by or to the Owner under this Contract are and shall

remain the property of the Owner. They are to be used only with respect to this Project and are not to be used in

whole or in part for any other purpose.

END OF ARTICLE 1

ARTICLE 2: OWNER'S AUTHORIZED REPRESENTATIVE

2.1 DEFINITIONS

2.1.1 The term hereinafter "Owner's Authorized Representative" as used or set forth in the Contract Documents, shall

mean the entity so identified in the County/Contractor Agreement or its duly authorized representatives.

2.1.2 The Owner's Authorized Representative is identified in the County/Contractor Agreement and is referred to

throughout the Contract Documents as if singular in number and masculine in gender.

2.2 SERVICES OF THE OWNER'S AUTHORIZED REPRESENTATIVE

2.2.1 The Owner's Authorized Representative will serve during construction and until the end of the warranty period.

The Owner's Authorized Representative will advise and consult with the Owner.

2.2.2 The Owner's Authorized Representative will inform the Owner and the Contractor whenever in his reasonable

opinion any of the Work is proceeding contrary to the requirements of the Contract Documents and will be

unacceptable. Failure of the Contractor to take corrective action to make the Work conform to the Contract

Documents will subject the Contractor to any and all remedies available to the Owner, including, without

limitation, termination pursuant to Article 14 hereof. Such notification by the Owner's Authorized Representative

will not be a cause for the Contractor to claim either delay of the Work or any increase in the Contract Price.

2.2.3 The Owner's Authorized Representative will not be responsible for and will not have control or charge of

construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in

connection with the Work.

2.2.4 The Owner's Authorized Representative shall at all times have access to the Work wherever it is in preparation or

progress, to include off-site facilities of subcontractors and suppliers at any tier. The Contractor shall provide safe

facilities for such access so the Owner's Authorized Representative may perform his functions under the Contract

Documents.

2.2.5 All communications, correspondence, submittals and documents exchanged between the Owner's Authorized

Representative and the Contractor in connection with the Project shall be through or in the manner prescribed by

the Owner and consistent with Article 6 of the County/Contractor Agreement.

2.2.6 The Owner's Authorized Representative shall make recommendations to the Owner in matters relating to aesthetic

effect; the decision of the Owner on such aesthetic matters will be final.

END OF ARTICLE 2

GENERAL CONDITIONS


ARTICLE 3: OWNER

3.1 DEFINITIONS

3.1.1 "Owner" means the County of Warren, Virginia, unless the County/Contractor Agreement provides otherwise.

The Owner shall hereinafter be referred to as the "County," or as the "Owner."

3.1.2 The Owner's Authorized Representative means the entity or individual identified as such in the County/Contractor

Agreement.

3.1.3 "Contractor" means the person or persons, firm or company whose bid or proposal has been accepted by the

Owner and includes the Contractor's representatives, successors and assigns permitted by the Owner.

3.2 INFORMATION, SERVICES AND RIGHTS OF THE OWNER

3.2.1 The Owner and/or the Owner's Authorized Representative will provide administration of the Contract as

hereinafter described.

3.2.2 The Owner will review and process all Progress Payments, including the Final Payment.

3.2.3 The Owner shall have the authority to reject the work when, in its opinion, the Work does not conform to the

Contract Documents.

3.2.4 Whenever in the Owner's reasonable opinion it is necessary or advisable for the implementation of the intent of

the Contract Documents, the Owner will have authority to require special inspection or testing of the Work in

accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed

or completed.

3.2.5 The Owner shall have the authority and discretion to call, schedule and conduct job meetings to be attended by the

Contractor, representatives of his Subcontractors, and the Owner's Authorized Representative to discuss such

matters as procedures, progress, problems and scheduling.

3.2.6 The Owner or the Owner's Authorized Representative will establish procedures to be followed for processing all

Shop Drawings, samples, catalogs and other project submittals, reports and other documentation such as test

reports and maintenance manuals.

3.2.7 The Owner will review all requests for changes and shall implement the processing of Change Orders, including

applications for extension of the Contract Time.

3.2.8 The Owner or the Owner's Authorized Representative shall at all times have access to the Work wherever it is in

preparation or progress. The Contractor shall provide safe facilities for such access.

3.2.9 The Owner or the Owner's Authorized Representative shall not be responsible for or have control or charge of the

construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in

connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in

accordance with the Contract Documents.

3.2.10 The Owner or the Owner's Authorized Representative shall not be responsible or liable to the Contractor for the

acts, errors or omissions of the Contractor, any separate Subcontractor, any separate Contractor or any

Contractor's or Subcontractor's agents or employees, or any other persons performing any of the Work.

3.2.11 The foregoing rights are in addition to other rights of the Owner enumerated herein and those provided by law.

3.3 OWNER'S RIGHT TO STOP OR TO SUSPEND WORK

3.3.1 If the Contractor fails to correct defective Work as required by Article 13.2 "CORRECTION OF WORK," or fails

to carry out the Work or supply labor and materials in accordance with the Contract Documents, the Owner by

GENERAL CONDITIONS


written order may order the Contractor to stop the Work, or any portion thereof, without monetary compensation

to the Contractor until the cause for such order has been eliminated.

3.3.2 The Owner may order the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such

period of time as he may determine to be appropriate for the convenience of the Owner.

3.3.3 If the performance of all or any part of the Work is, for an unreasonable period of time, suspended, delayed, or

interrupted by the Owner or the Owner's Authorized Representative in the administration of this Contract, or by

failure of any one of them to act within the time specified in this Contract (or if no time is specified, within a

reasonable time), an adjustment shall be made for an increase in the actual time required for performance of the

Work by the Contractor, due solely to such unreasonable suspension, delay, or interruption and the Contract shall

be modified in writing accordingly. However, no claim for an extension of time shall be made under this Article

3.3.3 for any suspension, delay, or interruption pursuant to Article 3.4.1, or for which claim is provided or

excluded under any other provision of this Contract. ................................................................................

No claim under this Article 3.3.3 shall be allowed for any claim for an extension of time required for

performance, unless within twenty (20) days after the act or failure to act involved, the Contractor submits to the

Owner's Authorized Representative a written statement setting forth, as then practicable, the extent of such

claimed time extension and unless the claim for an extension of time is submitted with supporting data within

thirty (30) days after the termination of such suspension, delay, or interruption.

3.3.4 In the event of a suspension of work or delay or interruption of work, the Contractor will and will cause his

Subcontractors to protect carefully his, and their, materials and work against damage from the weather and

maintain completed and uncompleted portions of the work as required by the Contract Documents. If, in the

opinion of the Owner's Authorized Representative, any work or material shall have been damaged by reason of

failure on the part of the Contractor or any of his Subcontractors to so protect same, such work and materials shall

be removed and replaced at the expense of the Contractor.

3.3.5 No claim by the Contractor under Article 3.3.3 shall be allowed if asserted after Final Payment under this

Contract.

3.4 OWNER'S RIGHT TO CARRY OUT THE WORK

3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails

within seven (7) days after receipt of written notice to commence and continue correction of such default or

neglect with diligence and promptness, the Owner or the Owner's Authorized Representative may, after seven (7)

days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy

he may have, make good such deficiencies and may further elect to complete all Work thereafter through such

means as the Owner may select, including the use of a new Contractor. In such case an appropriate Change Order

shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such

deficiencies, including compensation for services of the Owner's Authorized Representative and any other

additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the

Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner.

3.4.3 The Owner will not be liable or accountable to the Contractor for the method by which the work or any portion

thereof, performed by the Owner or by separate contractors pursuant to Article 3.4 is accomplished or for the

price paid therefor. Notwithstanding the Owner's right to carry out a portion of the Work, maintenance and

protection of the Work remains the Contractor's responsibility.

3.5 EXAMINATION OF RECORDS

3.5.1 The Contractor agrees that the Owner, or any duly authorized representative, shall, until the expiration of three (3)

years after final payment hereunder, have access to and the right to examine and copy any directly pertinent

books, documents, papers and records of the Contractor involving transactions related to this Contract.

3.5.2 The Contractor further agrees to include in any subcontract for more than $10,000 entered into as a result of this

Contract, a provision to the effect that the subcontractor agrees that the Owner or any duly authorized

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representative shall, until the expiration of three (3) years after final payment under the Contract, have access to

and the right to examine and copy any directly pertinent books, documents, papers and records of such contractor

involved in transactions related to such subcontract, or this Contract. The term subcontract as used herein shall

exclude subcontracts or purchase orders for public utility services at rates established for uniform applicability to

the general public.

3.5.3 The period of access provided in Subparagraphs 3.5.1 and 3.5.2 above for records, books, documents and papers

which may relate to any arbitration, litigation, alternative dispute resolution ("ADR") or the settlement of claims

arising out of the performance of this contract or any subcontract shall continue until any appeals, arbitration,

litigation, ADR or claims shall have been finally concluded.

END OF ARTICLE 3

ARTICLE 4: CONTRACTOR

4.1 DEFINITION

4.1.1 The Contractor is the person or organization identified as such in the County/Contractor Agreement. The term

Contractor means the Contractor or his authorized representative, who shall have authority to bind the Contractor

in all matters pertinent to this Contract.

4.1.2 The Contractor is not an agent for the Owner but is an independent contractor engaged in the business of

providing the services and performing the Work described in the Contract Documents.

4.2 REVIEW OF CONTRACT DOCUMENTS

4.2.1 Before submitting his bid or proposal to the Owner, and continuously after execution of the Contract, the

Contractor shall carefully study and compare the Contract Documents and shall at once report to the Owner any

error, inconsistency or omission he may discover, including any requirement that may be contrary to any law,

ordinance, rule, regulation or order of any public authority bearing on the performance of the Work. By

submitting his bid or proposal for the Contract and the Work under it, the Contractor agrees that the Contract

Documents appear accurate, consistent and complete. The Contractor shall perform no portion of the Work at any

time without Contract Documents and, where required, approved shop drawings, product data, samples, mock ups

or other submittals for such portion of the Work.

4.2.2 The Contractor and his Subcontractors shall keep at the site of the Work at least one copy of the full size

drawings, specifications, approved shop drawings, product data, samples, mock ups, and other approved

submittals, and shall at all times give the Owner or the Owner's Authorized Representative, inspectors, as well as

other representatives of the Owner access thereto. Further, said drawings shall be approved sets issued to the

Contractor by the Owner.

4.3 SUPERVISION AND CONSTRUCTION PROCEDURES

4.3.1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely

responsible for and have control over all construction means, uses, sequences, procedures, safety precautions and

programs, and for coordinating all portions of the Work under the Contract.

4.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontractors,

Suppliers, their agents and employees, and other persons performing any of the work and for their compliance

with each and every requirement of the Contract Documents, in the same manner as if they were fully employed

by the Contractor.

4.3.3 The Contractor shall not be relieved from his obligations to perform the Work in accordance with the Contract

Documents either by acts, failures to act or duties of the Owner or the Owner's Authorized Representative in their

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administration of the Contract, or by inspections, tests, or approvals (or the lack thereof) required or performed

under Article 4.4 "INSPECTION" or Article 7.5 "TESTS" by persons other than the Contractor.

4.3.4 The Contractor shall employ no plant, equipment, materials, methods or persons to which the Owner or Owner's

Authorized Representative reasonably objects.

4.3.5 The Contractor shall not remove any portion of the Work or stored materials from the site of the Work.

4.4 INSPECTION OF CONSTRUCTION

4.4.1 The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the

Work called for by this Contract conforms to Contract requirements. The Contractor shall maintain complete

inspection records and make them available to the Owner and Owner's Authorized Representative. All work is

subject to inspection and testing at all places and at all reasonable times before acceptance to ensure strict

compliance with the terms of the Contract.

4.5 CONTRACTOR'S REPRESENTATIONS

4.5.1 By entering into this Contract with the Owner, the Contractor represents and warrants the following, together with

all other representations and warranties in the Contract Documents:

.1 That he is experienced in and competent to perform the type of work required and to furnish the

plant, materials, supplies or equipment to be so performed or furnished by him;

.2 That he is financially solvent, able to pay his debts as they mature, and possessed of sufficient

working capital to initiate and complete the Work and Changes required under the Contract;

.3 That he is familiar with all laws, ordinances, permits, regulations and resolutions that may in any

way affect the Work or those employed therein, including but not limited to any special laws or

regulations related to the Work or any part thereof;

.4 That such temporary and permanent work required by the Contract Documents

that is to be done by him will be satisfactorily constructed and fit for use for its

intended purpose and that such construction will not injure any person, or damage

any property;

.5 That he will fully comply with all requirements of the Contract Documents;

.6 That he will perform the Work in a skillful manner consistent with good

workmanship, sound business practice, and in the most expeditious and

economical manner consistent with the best interests of the Owner;

.7 That he will furnish efficient business administration and experienced superintendence and an

adequate supply of workmen, equipment, tools, and materials at all times;

.8 That he has carefully reviewed the Work required and that the Work can be planned and executed

in a normal and orderly sequence of Work and reasonably scheduled so as to insure completion

of the work in accordance with the Contract Documents, allowing for normal and reasonably

foreseeable weather, labor and other delays, interruptions and disruptions of the Work at the site

designated;

.9 That he will complete the Work within the Contract Time and all portions thereof

within any required Contract milestones; and

.10 That his Contract Price is based upon the labor, materials, systems and equipment

required by the Contract Documents, without exception.

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4.6 LABOR AND MATERIALS

4.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor,

materials, equipment, supplies, tools, construction equipment and machinery, heat, utilities, transportation, and

other facilities and services necessary or proper for or incidental to the execution and completion of the Work

required by and in accordance with the Contract Documents and any applicable code or statute, whether

specifically required by the Contract Documents, or whether their provision may reasonably be inferred as

necessary to produce the intended results, whether temporary or permanent and whether or not incorporated or to

be incorporated in the Work. Final Payment will not be made until the Work is so completed.

4.6.2 Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name

of a proprietary item or the name of a particular manufacturer, fabricator, supplier, or distributor, the naming of

the item is intended to establish the type, function, and quality required. Unless the name is followed by words

indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers

or distributors may be accepted by the Owner's Authorized Representative if sufficient information is submitted

by the Contractor to allow the Owner's Authorized Representative to determine that the material or equipment

proposed is equivalent to that name.

4.6.3 Requests for review of substitute items of material and equipment will not be accepted by the Owner's Authorized

Representative from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item

of material or equipment, the Contractor shall make written application to the Owner's Authorized Representative

for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by

the general design, be similar and of equal substance to that specified, and be suited to the same use and capable

of performing the same function as that specified. The application shall state whether or not acceptance of the

substitute for use in the work will require a change in the drawings or specifications to adapt the design to the

substitute and whether or not incorporation or use of the substitute in connection with the work is subject to

payment of an license fee or royalty. All variations of the proposed substitute from that specified shall be

identified in the application and available maintenance, repair, and replacement service shall be indicated.

4.6.4 The application shall also contain an itemized estimate of all costs that will result directly or indirectly from

acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting

change. All of the foregoing shall be considered by the Owner's Authorized Representative in evaluating the

proposed substitute. The Owner's Authorized Representative may require the Contractor to furnish at the

Contractor's expense additional data about the proposed substitute. The Owner's Authorized Representative shall

make a recommendation to the Owner concerning the acceptability. The Owner shall be the sole judge of

acceptability, and no substitute shall be ordered or installed without the Owner's prior written acceptance. The

Owner may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other

surety with respect to any substitute.

4.6.5 Manufactured articles, material and equipment shall be applied, installed, connected, erected, used, cleaned, and

conditioned as directed by the manufacturer unless herein specified to the contrary.

4.6.6 Whenever it is specified that any material, process, or equipment shall conform to the standard specifications of

any of the societies or associations which publish such standards, the meaning of the specifications shall be that

the latest supplement, edition or revision of the standard specified shall apply, unless specifically noted otherwise.

4.6.7 All equipment, apparatus and/or devices of any kind to be incorporated into the Work that are shown or indicated

on the drawings or called for in the specifications or required for the completion of the Work shall be entirely

satisfactory to the Owner's Authorized Representative as regards operations, capacity, and/or performance. No

approval, either written or verbal, of any drawings, descriptive data, or samples of such equipment, apparatus,

and/or device shall relieve the Contractor of his responsibility to turn over the same in good working order for its

intended purpose at the completion of the Work in complete accordance with the Contract Documents. Any

equipment, apparatus and/or device not fulfilling these requirements shall be removed and replaced by proper and

acceptable equipment, etc., or put in good working order satisfactory to the Owner's Authorized Representative

without additional cost to the Owner.

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4.6.8 The Contractor shall at all times enforce strict discipline and good order among his employees and shall not

employ on the Work any unfit person or anyone not skilled in the task assigned to him. The Owner may, by

written notice, require the Contractor to remove from the Work any employee the Owner deems incompetent,

careless or otherwise objectionable.

4.7 WARRANTY

4.7.1 The Contractor guarantees and warrants to the Owner all work as follows:

.1 That all materials and equipment furnished under this Contract will be new and

the best of its respective kind unless otherwise specified;

.2 That all Work will be first-class quality and free of omissions and faulty, poor

quality, imperfect or defective materials or workmanship;

.3 That where no standard is specified for such workmanship or materials, they shall

be the best of their respective kinds;

.4 That all applicable Work shall be entirely watertight and leakproof in accordance

with all applicable industry customs and practices, and shall be free of shrinkage

and settlement;

.5 That the Work, including but not limited to, mechanical and electrical machines,

devices and equipment shall be fit and fully usable for its intended and specified

purpose and shall operate satisfactorily with ordinary care;

.6 That consistent with requirements of the Contract Documents, the Work shall be

installed and oriented in such a manner as to facilitate unrestricted access for the

operation and maintenance of fixed equipment; and

.7 That the Work will be free of abnormal or unusual deterioration that occurs

because of poor quality materials, workmanship or unsuitable storage.

4.7.2 All work not conforming to guarantees and warranties specified in the Contract Documents, including

substitutions not properly approved and authorized, may be considered defective. If required by the Owner's

Authorized Representative, the Contractor shall furnish satisfactory evidence as to the kind and quality of

materials and equipment. This warranty is not limited by the provisions of Article 13 "UNCOVERING AND

CORRECTION OF WORK."

4.7.3 The warranties set forth in this Article 4.7 and elsewhere in the Contract Documents shall survive Final

Completion of the Work under Article 9.8 "FINAL COMPLETION AND FINAL PAYMENT."

4.7.4 If, within one (1) year after the Date of Final Completion of the Work or designated portion thereof or within one

(1) year after acceptance by the Owner of designated equipment or within such longer period of time as may be

prescribed by law or by the terms of the applicable special warranty required by the Contract Documents, any of

the Work is found to be defective, not in accordance with the Contract Documents, or not in accordance with the

guarantees and warranties specified in the Contract Documents, the Contractor shall correct it within five (5)

working days, or such other period as mutually agreed, after receipt of written notice from the Owner or Owner's

Authorized Representative to do so.

4.7.5 If at any time deficiencies in the Work are discovered that are found to have resulted from latent defects, gross

mistakes, fraud or misrepresentation by the Contractor, any Subcontractor or Supplier, the Contractor will be

liable for replacement or correction of such Work and/or any damage that the Owner has incurred, or will incur,

related thereto, regardless of the time limit of any guarantees or warranty.

4.7.6 Any materials or other portions of the Work, installed, furnished, or stored on site that are not of the character or

quality required by the specifications, or are otherwise not acceptable to the Owner's Authorized Representative

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shall be immediately removed and replaced by the Contractor to the satisfaction of the Owner's Authorized

Representative when notified to do so by the Owner's Authorized Representative.

4.7.7 If the Contractor fails to correct defective or nonconforming Work as required by Article 4.7.4 or Article 4.7.5 or,

if the Contractor fails to remove defective or nonconforming Work from the site, as required by Article 4.7.6, the

Owner may elect to either correct such Work in accordance with Article 3.4 "OWNER'S RIGHT TO CARRY

OUT THE WORK" or remove and store materials and equipment at the expense of the Contractor.

4.7.8 The Contractor shall bear the cost of making good all work of the Owner, separate contractors or others, destroyed

or damaged by such correction or removal required under this Article, Article 13 "UNCOVERING AND

CORRECTION OF WORK" or elsewhere in the Contract Documents.

4.8 TAXES

4.8.1 The Contractor shall pay all applicable Federal, State, and local taxes and duties for the Work or portions thereof

provided by the Contractor that are legally enacted at the time the Contract is awarded, whether or not yet

effective. Increases in the rates of such taxes and duties during performance of the Contract shall be the

responsibility of the Contractor.

4.9 PERMITS, FEES AND NOTICES

4.9.1 The Contractor shall secure and pay for all permits, fees, licenses and inspections necessary for the proper

execution and completion of the Work that are legally required at the time the proposals are received.

4.9.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of

any public authority bearing on the performance of the Work.

4.10 SUPERINTENDENT

4.10.1 The Contractor shall employ a competent Superintendent and necessary assistants who shall be in attendance at

the Project site during the progress of the Work. The Superintendent shall be an authorized representative of the

Contractor and all communications given to the Superintendent shall be as binding as if given to the Contractor.

4.10.2 The Superintendent shall be in attendance at the Project site not less than eight (8) hours per day, five (5) days per

week, unless the job is closed down due to a general strike or conditions beyond the control of the Contractor or

until termination of the Contract in accordance with the Contract Documents. It is understood that such

Superintendent shall be approved in writing by the Owner and shall be the one who will continue in that capacity

for the duration of the Project, unless the Superintendent ceases to be on the Contractor's payroll or his withdrawal

is required or approved by the Owner. The Superintendent shall not be employed on any other project for or by

the Contractor or any other entity during the course of the Work.

4.11 PROJECT SCHEDULES

4.11.1 The Contractor shall prepare and submit to the Owner's Authorized Representative for the Owner's review, such

Schedules for the Work as are required by the Supplementary Conditions or other Contract Documents.

4.12 RESPONSIBILITY FOR COMPLETION

4.12.1 The Contractor shall furnish such labor, materials, tools, equipment, and professional services and shall work such

hours, including night shifts, overtime operations and Sundays and holidays, as may be necessary to ensure the

performance of the Work within Milestone and Completion dates specified in the County/Contractor Agreement.

If it becomes apparent to the Owner's Authorized Representative that the Work will not be Completed within

required Milestone or Completion dates, the Contractor agrees to undertake some or all of the following actions,

at no additional cost to the Owner, in order to ensure, in the opinion of the Owner's Authorized Representative,

that the Contractor will comply with all Milestone and Completion date requirements:

.1 Increase labor, materials, tools, equipment and professional services;

GENERAL CONDITIONS


.2 Increase the number of working hours per shift, shifts per working day, working

days per week, or any combination of the foregoing; and

.3 Reschedule activities to achieve maximum practical concurrency of

accomplishment of activities.

4.13 DOCUMENTS, SAMPLES AND OTHER SUBMITTALS AT THE SITE

4.13.1 The Contractor and his Subcontractors shall maintain at the site, and at all times make available to the Owner and

the Owner's Authorized Representative one record copy of all Drawings, Specifications, Addenda, Change

Orders, and other Modifications, in good order and marked currently to record all changes made during

construction, and approved Shop Drawings, Product Data, Samples, Mock Ups and other Submittals. These shall

be delivered to the Owner's Authorized Representative no later than with the application for Final Payment.

4.14 SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND OTHER SUBMITTALS

4.14.1 The term "shop drawings" shall mean all drawings, diagrams, illustrations, brochures, schedules and other data

which are prepared by Contractor, a subcontractor, manufacturer, supplier or distributor and which illustrate the

equipment, material or some portion of the Work.

4.14.2 The Contractor shall review, approve and submit with reasonable promptness and in such sequence as to cause no

delay in the Work or in the work of the Owner or any separate Contractor, all Shop Drawings, Product Data,

Manuals, Samples, and Submittals required by the Contract Documents.

4.14.3 By approving and submitting Shop Drawings, Product Data, Manuals, Samples and Submittals, the Contractor

represents that he has determined and verified all materials, field measurements, and field construction criteria

related thereto, and that he has checked and coordinated the information contained within such submittals with the

requirements of the Work and of the Contract Documents. The Contractor shall adhere to any supplementary

processing and scheduling instructions pertaining to any submittals that may be issued by the Owner's Authorized

Representative.

4.14.3.1 Parts and details not fully indicated on the Contract Drawings shall be detailed by the Contractor in accordance

with standard engineering practice. Dimensions on the Contract Drawings, as well as detailed drawings

themselves, are subject in every case to measurements of existing, adjacent, incorporated and completed work,

that shall be taken by the Contractor before undertaking any work dependent on such data.

4.14.4 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract

Documents by virtue of the review by the Owner or the Owner's Authorized Representative of Shop Drawings,

Product Data, Samples or Manuals unless the Contractor has specifically informed the Owner's Authorized

Representative in writing of such deviation at the time of submission and the Owner's Authorized Representative

has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for

errors or omissions in the Shop Drawings, Product Data, Samples or Manuals by the Owner or Owner's

Authorized Representative's review thereof.

4.15 CLEANING UP

4.15.1 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish cased by

his operations. At the completion of the Work and before Final Payment is made, he shall remove all his waste

materials and rubbish from and about the Project as well as all his tools, equipment and surplus materials.

4.15.2 If the Contractor fails to clean up during or at the completion of the Work, the Owner may do so as provided in

Article 6.3 "OWNER'S RIGHT TO PERFORM DISPUTED WORK" and the cost thereof shall be charged to the

Contractor.

4.16 ROYALTIES AND PATENTS

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4.16.1 Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of

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 the Owner or Owner's Authorized

Representative 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. Contractor shall

indemnify, defend and hold harmless Owner and Owner's Authorized Representative and anyone directly or

indirectly employed by either of them from and against all claims, damages, losses and expenses (including

attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the

performance of the Work of any invention, design, process, product or device not specified in the Contract

Documents, and shall defend all such claims in connection with any alleged infringement of such rights.

4.17 INDEMNIFICATION

4.17.1 To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, and

hold harmless, the Owner, the Owner's Authorized Representative, their agents, representatives, employees,

successors and assigns from and against all claims, actions, judgments, costs, liabilities, penalties, damages, losses

and expenses, including but not limited to, attorney's fees, arising out of or resulting from the performance of the

Work, provided that any such claim, action, judgment, cost, liability, penalty, damage, loss or expense is:

.l Attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible

property (other than the Work itself) including loss of use resulting therefrom; and

.2 Is caused in whole or in part by any negligent act or omission of the Contractor,

any Subcontractor or supplier, anyone directly or indirectly employed by any of

them or anyone for whose acts any of them may be liable, regardless of whether

or not it is caused in part by a party indemnified hereunder.

Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of

indemnity that would otherwise exist as to any party or person described in this Article 4.17.

4.17.2 In any and all claims against the Owner and the Owner's Authorized Representative or any of their agents,

representatives, or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly

employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation

under this Article 4.17 shall not be limited in any way by any limitation on the amount or type of damages,

compensation or benefits payable by or for the Contractor or any Subcontractor under workers' or workmen's

compensation acts, disability benefit acts or other employee benefit acts.

4.17.3 No provision of Article 4.17 shall give rise to any duties on the part of the Owner or the Owner's Authorized

Representative, or any of their agents, representatives or employees.

4.17.4 The obligations of the Contractor under Article 4.17 shall not extend to the liability of the Owner's Authorized

Representative, and/or the Owner's design architect or engineers, their agents or employees arising out of (a) the

preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or

(b) the giving of or the failure to give directions or instructions by Owner's Authorized Representative, his agents

or employees provided such giving or failure to give is the primary cause of injury or damage.

4.18 PERSONS AUTHORIZED TO SIGN DOCUMENTS

4.18.1 The Contractor, within five (5) days after the earlier of the date of a Notice to Proceed or the date of the

County/Contractor Agreement shall file with the Owner's Authorized Representative a list of all persons who are

authorized to sign documents such as contracts, certificates and affidavits on behalf of the Contractor and to fully

bind the Contractor to all the conditions and provisions of such documents.

END OF ARTICLE 4

GENERAL CONDITIONS


ARTICLE 5: SUBCONTRACTORS

5.1 DEFINITIONS

5.1.1 A Subcontractor is any firm, supplier, distributor or vendor that performs work for or furnishes services,

equipment or supplies to or for the Contractor or another Subcontractor in conjunction with the Contract. The

term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in

gender and means a Subcontractor or his authorized representative. Although the term Sub-subcontractor may

appear within the Contract Documents, the term Subcontractor includes any person or entity who has a direct or

indirect contract with the Contractor to perform any of the Work.

5.1.2 The Contractor shall be fully responsible for all acts and omissions of his Subcontractors, and of persons and

organizations directly or indirectly employed by them, and of persons and organizations for whose acts any of

them may be liable, to the same extent that he is responsible for the acts and omissions of persons directly

employed by him.

5.1.3 Nothing contained in the Contract Documents is intended to, nor shall it create, any contractual relationship

between the Owner, the Owner's Authorized Representative, or any of their agents, consultants, employees,

independent contractors, or representatives and any Subcontractor, but the Owner shall be entitled to performance

of all obligations intended for its benefit, and to enforcement thereof.

5.1.4 The Owner's Authorized Representative will not deal directly with any Subcontractor. Communication will be

made only through the Contractor. Subcontractors shall route requests for information or clarification through the

Contractor to the Owner's Authorized Representative.

5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK

5.2.1 The Contractor, in compliance with the requirements of the Contract Documents, shall furnish to the Owner's

Authorized Representative in writing the names of the persons or entities (including those who are to furnish

materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work.

The Owner's Authorized Representative will promptly reply to the Contractor in writing stating whether the

Owner has objection to any such proposed person or entity.

5.2.2 The Contractor shall not contract with any such proposed Subcontractor to whom the Owner has made objection

under the provisions of Article 5.2.1. The Contractor shall not be required to contract with anyone to whom he

has an objection.

5.2.3 If the Owner objects to any proposed Subcontractor under Article 5.2.1, the Contractor shall name a substitute to

whom the Owner has no objection within fifteen (15) days.

5.2.4 The Contractor shall make no substitution for any Subcontractor previously proposed by the Contractor and not

objected to by the Owner's Authorized Representative if the Owner makes objection to such substitution.

5.3 SUBCONTRACTUAL RELATIONS

5.3.1 By an appropriate agreement, written where legally required for validity, the Contractor shall require each

Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by

the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities

that the Contractor, by these Documents, assumes toward the Owner.

Said agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to

the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights,

and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor-Subcontractor

Agreements, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these

Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor

to enter into similar agreements with his Subcontractors.

GENERAL CONDITIONS


The Contractor shall make available to each proposed Subcontractor, prior to the execution of the Subcontract,

copies of the Contract Documents to which the Subcontractor will be bound by this Article 5.3, and identify to the

Subcontractor any terms and conditions of the proposed Subcontract that may be at variance with the Contract

Documents. Each Subcontractor shall similarly make copies of such Contract Documents available to his Sub-

subcontractors or Suppliers.

5.3.2 The Contractor shall be liable to and indemnify, defend and hold the Owner harmless from all costs, expenses,

fees, attorney's fees, accountant's fees, damages and claims arising because of the Contractor's failure to comply

with the provisions of this Article 5.3.

5.4 QUALIFICATION SUBMITTALS

5.4.1 Specific qualification submittals may be required of Subcontractors for certain critical items of the Work.

Required qualification submittals are set forth in detail in the Contract Documents and shall be collected and

submitted by the Contractor to the Owner’s Authorized Representative for review and approval by the Owner and

Owner's Authorized Representative. All information required of a single Subcontractor shall be contained in a

single, complete submittal. The Contractor shall submit the required qualification information within ten (10)

days after receipt of the Owner's Authorized Representative's request.

5.4.2 The Owner may reject any proposed Subcontractor, or any qualification submittals related thereto, for the

following reasons:

.1 The Contractor's failure to submit requested information within the specified time; or

.2 The Contractor's failure to provide all of the requested information; or

.3 The Contractor's submission of a Subcontractor, or qualifications thereof, that are

unacceptable to the Owner.

5.4.3 Should the Owner have objection to any proposed Subcontractor, the Contractor shall submit another firm for

approval within fifteen (15) days.

END OF ARTICLE 5

ARTICLE 6: WORK BY OWNER OR BY SEPARATE CONTRACTORS

6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS

6.1.1 The Owner reserves the right to perform work related to the Project with its own forces, and to award separate

contracts in connection with other portions of the Project or other work on the site.

6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site, the term

Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate

County/Contractor Agreement.

6.2 MUTUAL RESPONSIBILITY

6.2.1 The Contractor shall afford other Contractors and the Owner reasonable opportunity for the introduction and

storage of their materials and equipment and the execution of their work and shall properly connect and

coordinate the Work with that of the Owner and other Contractors, to store his tools, materials and equipment in

such orderly fashion at the site of the Work as will not unduly or unreasonably interfere with the progress of the

Work or the work of any other Contractors.

GENERAL CONDITIONS


6.2.1.1 If the execution or result of any part of the Work depends upon any work of the Owner or of any separate

Contractor, the Contractor shall, prior to proceeding with the Work, inspect and promptly report in writing to the

Owner's Authorized Representative any apparent discrepancies or defects in such work of the Owner or of any

separate Contractor that render it unsuitable for such proper execution or result of any part of the Work under this

Contract.

6.2.1.2 Failure of the Contractor to so inspect and report shall constitute an acceptance of the Owner or separate

Contractor's work as fit and proper to receive the Work, except as to defects that may develop in the Owner's or

separate Contractor's work after completion of the Work, and that the Contractor could not have discovered by its

inspection prior to completion of the Work under this Contract.

6.2.2 Should the Contractor cause damage to the Work or property of the Owner or of any separate Contractor on the

Project, or to other work on the site, or delay or interfere with the Owner's work on ongoing operations or facilities

or adjacent facilities of said separate Contractor's work, the Contractor shall be liable for the same.

6.3 OWNER'S RIGHT TO PERFORM DISPUTED WORK

6.3.1 If a dispute arises between the Contractor and separate Contractors as to their responsibility for cleaning up as

required by Article 4.15 "CLEANING UP" or for accomplishing coordination as required by Article 6.4

"COORDINATION OF THE WORK," the Owner may carry out such Work and charge the cost thereof to the

Contractors responsible therefor as the Owner's Authorized Representative shall determine.

6.4 COORDINATION OF THE WORK

6.4.1 By entering into this Contract, Contractor acknowledges that there may be separate Contractors on the Site whose

work will be coordinated with that of his own. Contractor expressly warrants and guarantees that he will

cooperate with separate Contractors, and will do nothing to delay, hinder or interfere with the Work of other

separate Contractors, the Owner or the Owner's Authorized Representative.

END OF ARTICLE 6

ARTICLE 7: MISCELLANEOUS PROVISIONS

7.1 GOVERNING LAW

7.1.1 The Contract shall be governed by the law of the Commonwealth of Virginia, and the conflicts of law provisions

shall not be employed to apply the laws of any state other than those of the Commonwealth of Virginia to this

Contract.

7.1.2 Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be

inserted herein and the Contract shall be read and enforced as though it were included herein. If through mistake

or otherwise, any provision is not inserted or is not correctly or fully inserted, then upon the application of either

party, the Contract shall be modified to include such provision.

7.2 SUCCESSORS AND ASSIGNS

7.2.1. The Contractor each binds himself, his partners, successors, assigns and legal representatives to the Owner hereto

in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contractor

shall not assign the Contract or sublet it as a whole without the written consent of the Owner, nor shall the

Contractor assign any monies due or to become due to him hereunder, without the previous written consent of the

Owner.

7.3 CLAIMS FOR DAMAGES

GENERAL CONDITIONS


7.3.1 Should the Contractor suffer injury or damage to person or property because of any act or omission of the Owner

or of any of its employees, agents or others for whose acts either is legally liable, claim shall be made in writing to

the Owner within seven (7) days after the first observance of such injury or damage; otherwise, the Contractor

shall have waived any and all rights he may have against the Owner, or its employees, representatives and agents.

7.4 DISPUTES

7.4.1 A claim by the Contractor shall be made in writing and submitted to the Owner's Authorized Representative or his

Delegee, who shall produce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor.

7.4.2 This decision shall be final and binding unless within thirty (30) days from the date of such decision, an appeal is

made to the County Board of Supervisors as authorized by the County of Warren Procurement Code.

7.4.3 The decision of the County Board of Supervisors shall be final and binding unless set aside by the Warren County

Circuit Court as fraudulent, capricious, arbitrary, or so grossly erroneous as to necessarily imply bad faith.

Pending the final determination of a properly appealed decision of the County Board of Supervisors, the

Contractor shall proceed diligently with the performance of the Contract in accordance with that decision.

7.4.4 Upon the written mutual consent of the parties hereto, claims and disputes arising out of the Contract may be

addressed in such Alternative Dispute Resolution ("ADR") procedures as the parties may mutually select. An

election to engage in ADR shall not operate as a waiver or elimination of any notice requirements or time periods

governing claim submittals or appeals established in the Contract, or applicable statutes of limitations, unless

expressly waived, extended or otherwise modified by the parties' written agreement to engage in ADR.

7.4.5 Notwithstanding any other provision hereof, the Contractor expressly waives all claims against the Owner for

consequential damages arising out of or relating to this Contract. This waiver includes losses of financing,

business and reputation, bonding capacity, and loss of profit other than profit arising directly from the Work

where otherwise permitted in the Contract.

7.5 TESTS

7.5.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having

jurisdiction require any portion of the Work to be inspected, tested, or approved, the Contractor shall give the

Owner's Authorized Representative five (5) days notice of its readiness so the Owner's Authorized Representative

may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or

approvals conducted by public authorities.

7.5.2 If the Owner's Authorized Representative determines that any Work requires special inspection, testing, or

approval that Article 7.5.1 does not include, the Owner's Authorized Representative will order the Contractor to

make arrangements for such special inspection, testing or approval, and the Contractor shall give the Owner's

Authorized Representative five (5) days notice of such inspection. If such special inspection or testing reveals a

failure of the Work to comply with:

.1 The requirements of the Contract Documents, or

.2 The conformance of the Work with laws, ordinances, rules, regulations, or orders

of any public authority having jurisdiction,

the Contractor shall bear all costs thereof, including compensation for the Owner's Authorized Representative and

any additional services made necessary by such failure.

7.5.3 Inspections and tests required under Article 7.5.2 to establish compliance with the Contract Documents will be

made by a testing agency employed by the Owner. When the initial tests indicate non-compliance with the

Contract Documents, any subsequent testing occasioned by non-compliance shall be performed by the same

agency and the cost thereof shall be borne by the Contractor. Representatives of the testing agency shall have

GENERAL CONDITIONS


access to the Work at all times. The Contractor shall provide facilities for such access in order that the agency

may properly perform its functions.

7.5.4 Certificates of inspection, testing or approval required by public authorities shall be secured by the Contractor and

promptly delivered by him to the Owner's Authorized Representative, in adequate time to avoid delays in the

Work or Final Payment therefor.

7.5.5 The Contractor shall pay for and have sole responsibility for inspection or testing performed exclusively for his

own convenience.

7.6 UNENFORCEABILITY OF ANY PROVISION

7.6.1 If any provision of this Contract is held as a matter of law to be unenforceable or unconscionable, the remainder

of the Contract shall be enforceable without such provision.

7.7 AVAILABILITY OF LANDS

7.7.1 Owner shall furnish, as indicated in the Contract Documents, the lands upon which the work is to be done, rights-

of-way or easements for access thereto. The Owner reserves the right to delay the notice to proceed with the

Contract Work in order to secure rights of way, easements or to relocate utilities, such as sewer, water, gas,

electricity, cable television and other services.

END OF ARTICLE 7

ARTICLE 8: TIME

8.1 DEFINITIONS

8.1.1 The Contract Time is the period of time set forth in the County/Contractor Agreement for Final Completion of the

Work as defined in Article 8.1.4, including authorized extensions thereto.

8.1.2. The date of commencement of the Work is the date established in the Notice to Proceed issued by the Owner.

Submission by the Contractor of all Certificates of Insurance, Performance and Payment Bonds and their approval

by the Owner are conditions precedent to the issuance of the Notice to Proceed. Availability of lands under

Article 7.7 is also a condition precedent to the issuance of the Notice to Proceed. The Contractor shall not

commence the Work or store materials or equipment on site until written Notice to Proceed is issued or until the

Contractor otherwise receives the written consent of the Owner.

8.1.3 The date of Substantial Completion of the Work or designated portion thereof is the date certified by the Owner's

Authorized Representative when the Work or a designated portion thereof is sufficiently complete, in accordance

with the Contract Documents, so the Owner can fully occupy or deliver the Work or designated portion thereof

for the use for which it is intended, with all of the Project's parts and systems operable as required by the Contract

Documents. Only punch list work and any final cleaning beyond that needed for the Owner's full use may remain

for Final Completion.

8.1.4 The date of Final Completion of the Work is the date certified by the Owner's Authorized Representative when

the Work is totally complete, to include punch list work and final clean up, in accordance with the Contract

Documents and the Owner may fully occupy or fully utilize the Work for the use for which it is intended.

8.1.5 If the date or time of completion is included in the Contract, it shall be the Date of Final Completion as defined in

Article 8.1.4, including authorized extensions thereto, unless otherwise provided.

GENERAL CONDITIONS


8.1.6 The term Day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. All

dates shall mean midnight of the indicated day unless otherwise stipulated.

8.2 PROGRESS AND COMPLETION

8.2.1 All time limits stated in the Contract Documents are of the essence of this Contract.

8.2.2 The Contractor shall prosecute the Work diligently to Final Completion.

8.3 DELAYS AND EXTENSIONS OF TIME

8.3.1 The time during which the Contractor is delayed in the performance of the Work, by the acts or omissions of the

Owner, the Owner's Authorized Representative or their employees or agents, acts of God, unusually severe and

abnormal climatic conditions, fires, floods, epidemics, quarantine restrictions, strikes (not to exceed the actual

duration of the strike), riots, civil commotions or freight embargoes, or other conditions beyond the Contractor's

control and that the Contractor could not reasonably have foreseen and provided against, shall be added to the

Contract Time; provided, however, that no claim by the Contractor for an extension of time for delays will be

considered unless made in compliance with the requirements of this Article and other provisions of the Contract

Documents.

8.3.2 The Contract Time shall be adjusted only for Change Orders pursuant to Article 12, "CHANGES IN THE

WORK," Article 3.3, "OWNER'S RIGHT TO STOP OR SUSPEND THE WORK," and Article 8.3, "DELAYS

AND EXTENSIONS OF TIME ." In the event the Contractor requests an extension of the Contract Time, he

shall furnish such justification and supporting evidence as the Owner's Authorized Representative may deem

necessary for a determination of whether the Contractor is entitled to an extension of time under the provisions of

the Contract.

8.3.3 The burden of proof to substantiate a claim for an extension of the Contract Time shall rest with the Contractor,

including evidence that the cause was beyond his control. The Owner's Authorized Representative shall base his

findings of fact and decision on such justification and supporting evidence and shall advise the Contractor in

writing thereof.

8.3.4 The Contractor shall not be entitled to and hereby expressly waives any extension of time resulting from any

condition or cause unless said request for extensions of time is made in writing to the Owner's Authorized

Representative within seven (7) days of the first instance of delay.

END OF ARTICLE 8

ARTICLE 9: PAYMENTS AND COMPLETION

9.1 CONTRACT PRICE

9.1.1. The Contract Price is stated in the County/Contractor Agreement and, including authorized adjustments thereto, is

the firm, fixed price amount payable by the Owner to the Contractor for the performance of the Work under the

Contract Documents. The Contract Price includes all applicable Federal, State and local taxes and duties.

9.2 SCHEDULE OF VALUES

9.2.1 Within ten (10) days after the Notice to Proceed is issued, the Contractor shall submit to the Owner's Authorized

Representative a Schedule of Values, allocated to the various portions of the Work including mobilization and

demobilization. This schedule, supported by data from the approved Progress Schedule, shall be used as a basis

for the Contractor's Applications for Payment upon approval by the Owner's Authorized Representative. The

Schedule of Values shall not alter in any way the firm, fixed price or lump sum contract price. The Contractor

shall not front-end load his Schedule of Values.

GENERAL CONDITIONS


9.3 APPLICATIONS FOR PAYMENT

9.3.1 The Owner shall make progress payments monthly as the Work proceeds on Applications for Payment approved

by the Owner's Authorized Representative.

9.3.2 Prior to the date for each progress payment established in the County/Contractor Agreement, the Contractor, in

accordance with any Supplementary Conditions concerning schedules and/or payments, shall submit to the

Owner's Authorized Representative an itemized Application for Payment, supported by such data substantiating

the Contractor's right to payment as the Owner's Authorized Representative may require, including but not limited

to the Contractor's certification that all work for which payment is requested has been completed in full

accordance with the Contract Documents, copies of requisitions from Subcontractors and reflecting retainage, if

any, as provided elsewhere in the Contract Documents. The Contractor shall certify that he has paid all due and

payable amounts for which previous Certificates for Payment were issued and payments received from the Owner.

9.3.3 The Owner will retain five (5) percent of the amount of all progress payments until the Work is substantially

completed and accepted, whether or not the Owner has occupied any or all of the Project before such time. After

fifty (50) percent of the Work has been completed, the Contractor may request the Owner to retain less than five

(5) percent of the amount of all progress payments for the Work performed beyond the fifty (50) percent stage of

completion. The decision of the Owner concerning reduction of retention shall be final and binding upon the

Contractor.

9.3.4 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment

will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the

Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances,

hereinafter referred to in this Article 9 as "LIENS"; and that no Work, materials or equipment covered by an

Application for Payment will have been acquired by the Contractor, or by any other person performing Work at

the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest

therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other

person.

9.4 CERTIFICATES FOR PAYMENT

9.4.1 The Owner's Authorized Representative will within five (5) days after receipt of the Contractor's Application for

Payment, either approve the Application for Payment for such amount as he determines is properly due, or notify

the Contractor in writing of his reasons for not approving the Application for Payment as provided in Article 9.6

"PAYMENTS WITHHELD."

9.4.2 The submission and approval of the Progress Schedule and monthly updates thereof, as required by any

Supplementary Conditions concerning Schedules, shall be part of the application upon which progress payment

shall be made. The Contractor shall be entitled to progress payments only as determined from the currently

Approved and Updated Progress Schedule.

9.5 PROGRESS PAYMENTS

9.5.1 After an Application for Payment has been approved by the Owner's Authorized Representative, the Owner shall

make payment in the manner and within the time provided in the Contract Documents.

9.5.2 The Contractor shall promptly pay each Subcontractor providing labor or furnishing material for the Work, upon

receipt of payment from the Owner, out of the amount paid to the Contractor on account of Subcontractor's work,

the amount to which said Subcontractor or supplier is entitled, reflecting the percentage actually retained, if any,

from payments to the Contractor on account of such Subcontractor's work. The Contractor shall, by an

appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his

Subcontractors in similar manner.

9.5.3 The Owner's Authorized Representative may, on request and at his discretion, furnish to any Subcontractor, if

practicable, information regarding the percentages of completion or the amounts applied for by the Contractor,

GENERAL CONDITIONS


and the action taken thereon by the Owner's Authorized Representative on account of Work done by such

Subcontractor.

9.5.4 The Owner has no obligation to pay or to see to the payment of any moneys to any Subcontractor except as may

otherwise be required by law.

9.5.5 No Application for Payment, nor any progress payment, nor any partial or entire use or occupancy of the Project

by the Owner, shall constitute an acceptance of any Work which is not in accordance with the Contract

Documents.

9.6 PAYMENTS WITHHELD

9.6.1 The Owner's Authorized Representative may decline to approve the Application for Payment or reduce payment

or because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part

of any Application for Payment previously approved to such extent as may be necessary in his opinion to protect

the Owner from loss, because of:

.1 Defective work not remedied;

.2 Third party claims filed, whether in court, in arbitration or otherwise, or

reasonable evidence indicating probable filing of such claims;

.3 Failure of the Contractor to make payments properly to Subcontractors;

.4 Reasonable evidence that the Work cannot be completed for the unpaid balance of

the Contract Price;

.5 Damage to the Owner or to a separate contractor;

.6 Reasonable evidence that the Work will not be completed within the Contract

Time, or within any Contract Milestones as established in the Contract

Documents;

.7 Failure or refusal of the Contractor to carry out the Work in accordance with or to

otherwise substantially or materially comply with the Contract Documents;

.8 Failure or refusal of the Contractor to properly schedule and coordinate the Work,

or to provide Progress Schedules, reports and updates; and

.9 Failure or refusal of the Contractor to fully comply with the provisions of Article

4.13 "DOCUMENTS AND SAMPLES AND OTHER SUBMITTALS AT THE

SITE."

9.6.2 When the above grounds in Article 9.6.1 are removed, payment shall be made for amounts withheld because of

them.

9.7 SUBSTANTIAL COMPLETION

9.7.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner's

Authorized Representative, is substantially complete as defined in Article 8.1.3., the Contractor shall prepare for

submission to the Owner's Authorized Representative a list of items that in his opinion are to be completed or

corrected and shall request in writing that the Owner's Authorized Representative perform a Substantial

Completion inspection. The Owner's Authorized Representative shall review the Contractor's list and will

compile a punch list of items to be corrected and completed. The failure to include any items on such list does not

alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When

the Owner's Authorized Representative on the basis of an inspection determines that the Work or designated

GENERAL CONDITIONS


portion thereof is substantially complete, he will then prepare a Certificate of Substantial Completion that will

establish the Date of Substantial Completion, state the responsibilities of the Owner and the Contractor for

security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the

Contractor shall complete the items listed therein.

Warranties required by the Contract Documents shall commence on the Date of Substantial Completion of the

Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The

Certificate of Substantial Completion shall be issued to the Contractor for his written acceptance of the

responsibilities assigned to him in such Certificate and returned to the Owner's Authorized Representative within

five (5) days.

9.7.2 The Contractor shall have thirty (30) days from the Date of Substantial Completion to complete all items on the

punch list to the satisfaction of the Owner's Authorized Representative. The Owner's Authorized Representative

shall have the option to correct any and all punch list items not completed by the Contractor within thirty (30)

days from the Date of Substantial Completion by utilizing his own forces, those of the Owner, or by a separate

Contractor. The cost of such correction of remaining punch list items by the Owner or others shall be deducted

from the Final Payment to the Contractor. If the Contractor does not complete all punch list items within this time

period specified in Article 9.7.2, all warranties and guarantees for such incomplete Punch List items shall become

effective upon issuance of Final Payment.

9.7.3 The issuance of the Certificate of Substantial Completion does not indicate final acceptance of the Project by the

Owner, and the Contractor is not relieved of any responsibility for the Project except as specifically stated in the

Certificate of Substantial Completion.

9.7.4 Should the Owner's Authorized Representative determine that the Work or a designated portion thereof is not

substantially complete, he shall provide the Contractor a written notice stating why the project or designated

portion is not substantially complete. The Contractor shall expeditiously complete the Work and shall request in

writing that the Owner's Authorized Representative perform a Substantial Completion reinspection and the costs,

if any, associated with such reinspection shall be assessed to the Contractor.

9.8 FINAL COMPLETION AND FINAL PAYMENT

9.8.1 Upon receipt of the documentation required by Article 9.8.3, and of written notice that the Work is ready for final

inspection and acceptance, the Owner's Authorized Representative will promptly make such inspection and, when

he finds the Work acceptable under the Contract Documents and the Contract fully performed, he will issue a

Certificate of Final Completion to the Contractor. Upon his receipt of the Final Completion Certificate, the

Contractor may submit his Application for Final Payment to the Owner's Authorized Representative for his

approval. Final Payment shall be made in full to the Contractor within thirty (30) calendar days after the approval

by the Owner's Authorized Representative of the Application for Final Payment provided that the requirements of

Article 9 have been fulfilled, except for an amount mutually agreed upon for any work remaining uncompleted for

which the Owner is entitled a credit under the Contract Documents.

9.8.2 Should the Owner's Authorized Representative determine that the Work or a designated portion thereof is not

complete, he shall provide the Contractor a written notice stating why the Project or designated portion is not

complete. The Contractor shall expeditiously complete the Work and shall request in writing that the Owner's

Authorized Representative perform a Final Completion reinspection and the costs, if any, associated with such

reinspection shall be assessed to the Contractor.

9.8.3 Neither the Final Payment nor the remaining retained percentage shall become due until the Work is free and clear

of any and all Liens and the Contractor submits to the Owner's Authorized Representative:

.1 An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected

with the Work for which the Owner or its property might in any way be responsible, have been

paid or otherwise satisfied;

GENERAL CONDITIONS


.2 Consent of surety to Final Payment, if necessary;

.3 As-built drawings, operation and maintenance manuals and other project close-out submittals, as

required by the Contract Documents;

.4 A fully executed and notarized Release of claims in such form as may be designated by the

Owner; and

.5 A written certification that:

(1) the Contractor has reviewed the requirements of the Contract Documents;

(2) the Work has been inspected by the Contractor for compliance with all requirements

of the Contract Documents;

(3) pursuant to this inspection, the Contractor certifies and represents that the Work

complies in all respects with the requirements of the Contract Documents; and

(4) the Contractor further certifies and represents that all equipment and systems have

been installed and tested in accordance with the Contract Documents and the Owner

personnel training in the proper operation and maintenance of equipment is complete.

9.8.4 The making of Final Payment shall constitute a waiver of all claims by the Owner against the Contractor except

those arising from:

.1 Unsettled liens and claims against the Owner;

.2 Faulty, defective or non-conforming Work discovered or appearing after Substantial or Final

Completion;

.3 Failure of Work to comply with the requirements of the Contract Documents; and

.4 Terms of any warranties contained in or required by the Contract Documents.

9.8.5 The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously

made in writing and identified by the Contractor as unsettled at the time of the Application for Final Payment.

9.9 PARTIAL OCCUPANCY OR USE

9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such

portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to

by the insurer as required under Article 11.5.1.5 and authorized by public authorities having jurisdiction over the

Work. Such partial occupancy or use may commence whether or not the portion is substantially complete,

provided the Owner and the Contractor have accepted in writing the responsibilities assigned to each of them for

payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have

agreed in writing concerning the period for correction of the Work and commencement of warranties required by

the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall

prepare and submit a list to the Owner’s Authorized Representative as provided under Article 9.7. Consent of the

Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work

shall be determined by written agreement between the Owner’s Authorized Representative and the Contractor or,

if no agreement is reached, by decision of the Owner’s Authorized Representative.

9.9.2 Immediately prior to such partial occupancy or use, the Owner and/or the Owner’s Authorized Representative,

and the Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to

determine and record the condition of the Work.

GENERAL CONDITIONS


9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute

acceptance of Work not complying with the requirements of the Contract Documents.

END OF ARTICLE 9

ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY

10.1 SAFETY PRECAUTIONS AND PROGRAMS

10.1.1 The Owner and the Owner's Authorized Representative are not responsible for the means, methods, techniques,

sequences or procedures utilized by the Contractor, or for safety precautions and programs in connection with the

Work. The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety

precautions and programs in connection with the Work. This requirement applies continuously throughout the

Contract performance, until Final Payment is made, and is not limited to regular working hours.

10.2 SAFETY OF PERSONS AND PROPERTY

10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent

damage, injury or loss, to:

.1 All employees on the Work and other persons who may be affected thereby;

.2 All the Work and materials and equipment to be incorporated therein whether in

storage off the site, under the care, custody or control of the Contractor or any of

his Subcontractors, machinery and equipment. All hazards shall be guarded or

eliminated in accordance with all applicable safety regulations; and

.3 Other property at or adjacent to the Work, including trees, shrubs, lawns, walks,

pavements, roadways, structures and utilities not designated for removal,

relocation or replacement in the course of construction.

10.2.2 The Contractor shall give all notices and comply with applicable laws, ordinances, permits, rules, regulations and

orders of any public authority bearing on the safety of persons or property or their protection from damage, injury

or loss.

10.2.2.1 The Contractor shall at all times safely guard the Owner's property from injury or losses in connection with this

Contract. He shall at all times safely guard and protect his own work and adjacent property as provided by law

and the Contract Documents from damage. All security personnel, passageways, guard fences, lights, and other

facilities required for protection of the property and the Work described herein shall be provided and maintained

at the Contractor's expense.

10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all

reasonable safeguards for safety and protection, including danger signs and other warnings against hazards,

promulgating safety regulations and notifying owners and users of adjacent utilities.

10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of

the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of

properly qualified personnel.

10.2.5 The Contractor shall promptly remedy at his own cost and expense all damage or loss to any property referred to

in Articles 10.2.1.2 and 10.2.1.3. The Contractor shall perform such restoration by underpinning, repainting,

rebuilding, replanting, or otherwise restoring as may be required or directed by the Owner's Authorized

Representative or shall make good such damage in a satisfactory and acceptable manner. In case of failure on the

part of the Contractor to promptly restore such property or make good such damage, the Owner may, upon two (2)

GENERAL CONDITIONS


days written notice, proceed to repair, rebuild or otherwise restore such property as may be necessary, and the cost

thereof will be deducted from any monies due or to become due to the Contractor under the Contract.

10.2.6 The Contractor shall give notice in writing at least 48 hours before breaking ground, to the Owner, all persons,

Public Utility Companies, superintendents, inspectors or those otherwise in charge of property, streets, water

pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise, who may be affected by the

Contractor's operation, in order that they may remove any obstruction for which they are responsible and have a

representative on site to see that their property is properly protected. The Contractor is responsible for any

damages or claims resulting from any excavation and shall defend, fully indemnify, and hold harmless the Owner

from all actions resulting from such work regardless of whether the Contractor gave proper notice under this

clause.

10.2.7 The Contractor shall protect all utilities encountered while performing its work, whether indicated on the Contract

Documents or not. The Contractor shall maintain utilities in service until moved or abandoned. The Contractor

shall exercise due care when excavating around utilities and shall restore any damaged utilities to the same

condition or better as existed prior to starting the Work, at no cost to the Owner. The Contractor shall maintain

operating utilities or other services, even if they are shown to be abandoned on the Contract Drawings, in service

until new facilities are provided, tested and ready for use.

10.2.8 The Contractor shall return all improvements on or about the site and adjacent property that are not shown to be

altered, removed or otherwise changed to conditions that existed prior to starting work.

10.2.9 The Contractor shall protect the Work, including but not limited to, the site, stored materials and equipment,

excavations, and excavated or stockpiled soil or other material, intended for use in the Work, and shall take all

necessary precautions to prevent or minimize damage to same or detrimental effect upon his performance or that

of his subcontractors, caused by or due to rain, run-off, floods, temperature, wind, dust, sand, and flying debris;

for example, but not by way of limitation, Contractor shall, when necessary, utilize temporary dikes, channels or

pumping to carry-off, divert or drain water, and as necessary tie-down or otherwise secure the Work and employ

appropriate covers and screens.

10.2.10 The Contractor shall be responsible for the prevention of accidents and the protection of material, equipment and

property.

10.2.11 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger the safety of the

Work, persons or adjacent property.

10.2.12 The Contractor has sole and complete responsibility for the correction of any safety violation and sole liability for

the consequences of said violation. The Contractor shall give prompt written notice of any safety violation to the

Owner's Authorized Representative.

10.3 EMERGENCIES

10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened

damage, injury or loss. The Contractor shall notify the Owner's Authorized Representative of the situation and all

actions taken immediately thereafter. If, in the opinion of the Contractor, immediate action is not required, the

Contractor shall notify the Owner's Authorized Representative of the emergency situation and take necessary

steps. Provided, however, if any loss, damage, injury or death occurs that could have been prevented by the

Contractor's prompt and immediate action or the emergency resulted from acts or omissions of the Contractor or

his Subcontractors, or anyone directly or indirectly employed by any of them, or by anyone whose acts any of

them may be liable, the Contractor shall defend, fully indemnify and hold harmless the Owner (including

attorney's fees) from all actions relating thereto. Any additional compensation or extension of time claimed by the

Contractor on account of emergency work shall be determined as provided in Article 12 "CHANGES IN THE

WORK."

END OF ARTICLE 10

GENERAL CONDITIONS


ARTICLE 11: BONDS AND INSURANCE

11.1 BONDS

11.1.1 The Contractor shall furnish to the Owner a performance bond in the sum of the contract price executed by a

surety legally authorized to do business in Virginia payable to the County of Warren, Virginia, or such other

entity as may be identified in the County/Contractor Agreement, and conditioned upon the faithful performance of

the contract in strict conformity with the plans, specifications, and conditions of the Contract Documents.

11.1.2 The Contractor shall furnish to the Owner a payment bond in the amount of the contract price payable to the

County of Warren or such other entity as may be identified in the County/Contractor Agreement, and executed by

a surety legally authorized to do business in Virginia. Such bond shall be conditioned on the prompt payment to

all claimants who have and fulfill contracts to supply labor or materials to the Contractor for all material furnished

or labor supplied or performed in the prosecution of the Work. "Labor and materials" shall include public utility

services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at

the project site.

11.1.3 If the surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do

business is terminated in any state where any part of the Project is located, the Contractor shall within five (5)

days thereafter substitute another Bond and surety, both of which shall be acceptable to the Owner.

11.2 CONTRACTOR’S LIABILITY INSURANCE

11.2.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business

in the State of Virginia such insurance as will protect the Contractor from claims set forth below which may arise

out of or result from the Contractor’s operations under the Contract and for which the Contractor may be legally

liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly

employed by any of them, or by anyone for whose acts any of them may be liable:

.1 claims under workers’ compensation, disability benefit and other similar

employee benefit acts which are applicable to the Work to be performed;

.2 claims for damages because of bodily injury, occupational sickness or disease, or

death of the Contractor’s employees;

.3 claims for damages because of bodily injury, sickness or disease, or death of any

person other than the Contractor’s employees;

.4 claims for damages insured by usual personal injury liability coverage;

.5 claims for damages, other than to the Work itself, because of injury to or

destruction of tangible property including loss of use resulting therefrom;

.6 claims for damages because of bodily injury, death of a person or property

damage arising out of ownership, maintenance or use of a motor vehicle;

.7 claims for bodily injury or property damage arising out of completed operations;

and

.8 claims involving contractual liability insurance applicable to the Contractor’s

obligations under Article 4.17.

11.2.2 The insurance required by Article 11.2.1 shall be written for not less than limits of liability specified in the

Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an

occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the

Work until date of final payment and termination of any coverage required to be maintained after final payment.

GENERAL CONDITIONS


11.2.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the

Work. These certificates and the insurance policies required by this Article 11.2 shall contain a provision that

coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior

written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in

force after final payment and are reasonably available, an additional certificate evidencing continuation of such

coverage shall be submitted with the final Application for Payment as required by Article 9.8. Information

concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or

both, shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor’s

information and belief.

11.3 OWNER’S LIABILITY INSURANCE

11.3.1 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.

11.4 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE

11.4.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective

Liability insurance from the Contractor’s usual sources as primary coverage for the Owner’s, Contractor’s and

Owner’s Authorized Representative’s vicarious liability for construction operations under the Contract. Unless

otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the

Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor

shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits

of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor’s

Liability Insurance under Articles 11.2.1.2 through 11.2.1.5.

11.4.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor

and Owner’s Authorized Representative waive all rights against each other for damages, except such rights as

they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by

endorsement or otherwise.

11.4.3 The Owner shall not require the Contractor to include the Owner, the Owner’s Authorized Representative or other

persons or entities as additional insureds on the Contractor’s Liability Insurance coverage under Article 11.2.

11.5 PROPERTY INSURANCE

11.5.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully

authorized to do business in the jurisdiction in which the Project is located, property insurance written on a

builder’s risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of

subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for

the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance

shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all

persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in

Article 9.8 or until no person or entity other than the Owner has an insurable interest in the property required by

this Article 11.5 to be covered, whichever is later. This insurance shall include interests of the Owner, the

Contractor, Subcontractors and Sub-subcontractors in the Project.

11.5.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation,

insurance against the perils of fire (with extended coverage) and physical loss or damage including, without

duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,

testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of

any applicable legal requirements, and shall cover reasonable compensation for Owner’s Authorized

Representative’s and Contractor’s services and expenses required as a result of such insured loss.

11.5.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the

coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to

GENERAL CONDITIONS


commencement of the Work. The Contractor may then effect insurance which will protect the interests of the

Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof

shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or

maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear

all reasonable costs properly attributable thereto.

11.5.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles.

11.5.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in

transit.

11.5.1.5 Partial occupancy or use in accordance with Article 9.9 shall not commence until the insurance company or

companies providing property insurance have consented to such partial occupancy or use by endorsement or

otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company

or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use

that would cause cancellation, lapse or reduction of insurance.

11.5.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance

required by the Contract Documents or by law, which shall specifically cover such insured objects during

installation and until final acceptance by the Owner; this insurance shall include interests of the Owner,

Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named

insureds.

11.5.3 Loss of Use Insurance. The Owner, at the Owner’s option, may purchase and maintain such insurance as will

insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The

Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including

consequential losses due to fire or other hazards however caused.

11.5.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special

causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance,

and the cost thereof shall be charged to the Contractor by appropriate Change Order.

11.5.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to

the site by property insurance under policies separate from those insuring the Project, or if after final payment

property insurance is to be provided on the completed Project through a policy or policies other than those

insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms

of Article 11.5.7 for damages caused by fire or other causes of loss covered by this separate property insurance.

All separate policies shall provide this waiver of subrogation by endorsement or otherwise.

11.5.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes

insurance coverages required by this Article 11.5. Each policy shall contain all generally applicable conditions,

definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the

policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least thirty (30)

days prior written notice has been given to the Contractor.

11.5.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of the

subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Owner’s Authorized

Representative and/or his consultants, separate contractors described in Article 6, if any, and any of their

subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to

the extent covered by property insurance obtained pursuant to this Article 11.5 or other property insurance

applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as

fiduciary. The Owner or Contractor, as appropriate, shall require of the Owner’s Authorized Representative

and/or his consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-

subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required

for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such

waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or

entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise,

GENERAL CONDITIONS


did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable

interest in the property damaged.

11.5.8 A loss insured under Owner’s property insurance shall be adjusted by the Owner as fiduciary and made payable to

the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable

mortgagee clause and of Article 11.5.10. The Contractor shall pay Subcontractors their just shares of insurance

proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity,

shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.

11.5.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give

bond for property performance of the Owner’s duties. The cost of required bonds shall be charged against

proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the

Owner shall distribute in accordance with such agreement as the parties in interest may reach. If after such loss

no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of

damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance

with Article 12.

11.5.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in

interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if

such objection is made, the dispute shall be resolved as provided in Article 7.4. The Owner as fiduciary shall, in

the case of disputes, make settlement with insurers in accordance with orders of the Court.

END OF ARTICLE 11

ARTICLE 12: CHANGES IN THE WORK

12.1 CHANGES IN THE WORK

12.1.1 The Owner, without invalidating the Contract and without notice to the surety, may order a Change in the Work

consisting of additions, deletions, modifications or other revisions to the general scope of the Contract, or changes

in the sequence of the performance of the Work. The Contract Price and the Contract Time shall be adjusted

accordingly. All such Changes in the Work shall be authorized by written Change Order, and all Work involved

in a Change shall be performed in accordance with the terms and conditions of this Contract. If the Contractor

should proceed with a Change in the Work upon an oral order, by whomever given, it shall constitute a waiver by

the Contractor of any claim for an increase in the Contract Price and/or Contract Time, on account thereof.

12.1.2 When the Owner and the Contractor have agreed upon a Change in the Work, but a written Change Order

Document has not yet been executed, the Owner may, at its sole discretion and option, direct in writing the

Contractor to proceed with the Change in the Work pending the execution of the formal Change Order.

Contractor shall proceed in accordance with such direction.

12.2 FIELD ORDER

12.2.1 A Field Order is a written order to the Contractor signed by the Owner or the Owner's Authorized Representative

interpreting or clarifying the Contract Documents or directing the Contractor to perform minor changes in the

Work. Any work relating to the issuance of a Field Order shall be performed promptly and expeditiously and

without additional cost to the Owner and within the Contract Time, unless the Contractor submits a Proposed

Change Order, defined below, which is approved by the Owner. Field Orders shall be numbered consecutively by

date of issuance by the Owner or the Owner's Authorized Representative.

12.3 REQUEST FOR PROPOSAL

12.3.1 A Request For Proposal describes a proposed Change in the Work. The Contractor is required to submit a

complete proposal for the total cost and additional time, if any, necessary to perform the proposed Change in the

GENERAL CONDITIONS


Work. Requests For Proposals shall be numbered consecutively by date of issuance by the Owner or the Owner's

Authorized Representative.

12.3.2 Requests for Proposals shall be in the form prescribed by the Owner's Authorized Representative, including all

appropriate back up material.

12.4 PROPOSED CHANGE ORDER

12.4.1 A Proposed Change Order is a written request from the Contractor to the Owner requesting a change in the

Contract Price and/or Contract Time. A Proposed Change Order is submitted as a proposal in response to a

Request For Proposal or as a claim for an increase in the Contract Price or Contract Time pursuant to the issuance

of a Field Order. A Proposed Change Order must be submitted within twenty (20) days of the issuance of a

Request For Proposal or a Field Order. Proposed Change Orders shall be numbered consecutively by date of

issuance by the Contractor. The Contractor shall also indicate on the Proposed Change Order the number of the

Request For Proposal or the Field Order to which it responds.

12.4.2 The Contractor's Proposed Change Order shall be determined by the applicable Schedule of Values, if any, as

provided for in the Contract.

12.4.3 The portion of the proposal relating to labor, whether by the Contractor's forces or the forces of any of his

Subcontractors, may include reasonably anticipated gross wages of Job Site labor, including foremen, who will be

directly involved in the Change in the Work (for such time as they will be so involved), plus payroll costs

(including premium costs of overtime labor, if overtime is authorized, Social Security, Federal or State

unemployment insurance taxes and fringe benefits required by collective bargaining agreements entered into by

the Contractor or any such Subcontractor in connection with such labor).

12.4.4 The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the

Contractor or to any of his Subcontractors of materials to be purchased for incorporation in the Change in the

Work, plus transportation and applicable sales or use taxes.

12.4.5 The proposal may further include the Contractor's and any of his Subcontractor's reasonably anticipated

equipment rental costs, except small hand tools, in connection with the Change in the Work. For rented

equipment an hourly rental rate will be used which will be determined by using the monthly rental rates taken

from the current edition of the Rental Rate Blue Book for Construction Equipment and dividing it by 176. An

allowance will be made for operating costs for each and every hour the equipment is actually operating in

accordance with the rates listed in the aforesaid Rental Book. The Contractor will be allowed only sixty-five (65)

percent of the rental rate on Contractor owned equipment after adjustments for standby, age, region, etc. as

applicable.

12.4.6 Base Cost is defined as the total of labor, material and equipment rentals as described in subparagraphs 12.4.3,

12.4.4 and 12.4.5. The actual net cost to the Owner for the Change in the Work shall be computed as follows:

.1 If the Contractor performs the Change in the Work, his compensation will be the

Base Costs as described above, plus (1) a mark-up of fifteen (15) percent or

$2,000, whichever is greater, on Base Costs greater than $10,000, or (2) a mark-

up of twenty (20) percent on Base Costs less or equal to $10,000, for overhead

and profit. If the Contractor's customary mark-up is less than the mark-up

allowed by 12.4.6.1 those rates shall apply for overhead and profit.

.2 If the work is performed by a bona fide Subcontractor, his compensation will be

the Base Costs as described above plus a mark-up as described in Article 12.4.6.1

for overhead and profit. The Contractor's compensation will be a mark-up of ten

(10) percent of the Subcontractor's Base Costs for his overhead.

GENERAL CONDITIONS


.3 If the work is performed by a bona fide Sub-subcontractor, his compensation will

be the Base Costs as herein described plus a mark-up as described in Article

12.4.6.1 for overhead and profit. The Subcontractor's compensation will be a

mark-up of ten (10) percent of the Sub-subcontractor's Base Costs for his

overhead. The Contractor's compensation will be a mark-up of ten (10) percent of

the Sub-subcontractor Base Costs for his overhead.

12.4.7 The mark-up on the cost of labor, materials, and equipment described in Article 12.4.6 shall compensate the

Contractor, Subcontractor or Sub-subcontractor for all indirect costs associated with or relating to the Change in

the Work including, but not limited to, gross receipts tax, superintendent, small tools, reproduction,

administration, insurance, unrelated safety requirements, temporary structures and offices, all other general and

administrative, home office and field office expenses.

12.4.8 The mark-up on the cost of labor, materials, and equipment described in Articles 12.4.6.2 and 12.4.6.3 shall

compensate the Contractor or Subcontractor for all indirect costs associated with or relating to the Change in the

Work including but not limited to, gross receipt tax, superintendent, reproduction, administration, insurance and

bonds.

12.4.9 In the event it is necessary to increase the Contract Time in order to perform the Change in the Work, the

Contractor shall provide an estimate of the increase in the Contract Time which shall be negotiated by the parties

to the Contract. The Contractor's request for a time extension shall be evaluated in accordance with the criteria

described in Article 8.

12.4.10 If the Contractor's Proposed Change Order is rejected by the Owner as being within the scope of the Work

required by the Contract Documents the Owner may, at its sole option and discretion, direct the Contractor to

perform the Work which is the subject of the said Proposed Change Order; the Contractor shall then promptly

proceed with said Work. Nothing herein shall excuse the timely performance by the Contractor of the Work

because any Proposed Change Order is pending.

12.5 CHANGE ORDER

12.5.1 A Change Order is a written order to the Contractor signed by the Owner and the Owner's Authorized

Representative, issued after execution of the Contract, authorizing a Change in the Work or an adjustment in the

Contract Price and/or the Contract Time. The Contract Price and the Contract Time may be changed only by

Change Order. A Change Order signed by the Contractor indicates his agreement therein, including the

adjustment in the Contract Price and/or the Contract Time. Change Orders shall be numbered consecutively by

date of issuance by the Owner or the Owner's Authorized Representative and shall, if applicable, indicate the

number of the Field Order(s), Request For Proposal(s) and/or Proposed Change Order(s) to which it relates.

12.5.1.1 If the Owner and the Owner's Authorized Representative determine that the Contractor's Proposed Change Order,

submitted pursuant to Article 12.4 for a change in the Contract Price or Contract Time, is acceptable, the Owner's

Authorized Representative shall prepare and issue, or cause to be prepared and issued, a Change Order which will

authorize the Contractor to proceed with the Change in the Work for the cost and time stated in the Proposed

Change Order, or as otherwise may be agreed upon by the parties. The amounts stated in the Change Order for

the cost and time to perform the Change in the Work shall be binding on the parties.

12.5.2 After issuance of the Change Order, the Contractor shall ensure that the amount of the Performance and Payment

Bond coverage has been revised to reflect the increase in the Contract Price due to the Change Order.

12.5.3 If the Contractor's Proposed Change Order is not acceptable to the Owner and the Owner's Authorized Representative

or if the parties are unable to otherwise agree as to the cost and time necessary to perform the Change in the Work, the

Owner may, at its sole option and discretion, direct the Contractor to perform the Work on a time and material basis.

The Contractor shall then promptly proceed with the Work.

12.5.4 If the Owner and the Owner's Authorized Representative elect to have the Change in the Work performed on a

time and material basis, the same shall be performed, whether by the Contractor's forces or the forces of any of his

Subcontractors or Sub-subcontractor's, at actual cost to the entity performing the Change in the Work (without

GENERAL CONDITIONS


any charge for administration, clerical expense, supervision or superintendent of any nature whatsoever, or the

cost, use or rental of tools or plant). The percent mark-ups for the Contractor, Subcontractors and Sub-

subcontractors shall be as described in Articles 12.4.6.1, 12.4.6.2 and 12.4.6.3.

12.5.4.1 Prior to starting the work on a time and material basis, the Contractor shall notify the Owner's Authorized

Representative in writing as to what labor, materials, equipment or rentals are to be used for the Change in the

Work. During the performance of the Change, the Contractor shall submit to the Owner daily time and material

tickets, which shall list the categories and amounts of labor and equipment for which Change Order compensation

is to be charged for the previous work day. Such tickets shall specifically include the following information:

location and description of the Change in the Work, the classification of labor employed, including names and

social security numbers of laborers, labor trades used, manhours, wage rates, insurance, taxes and fringe benefits,

equipment and materials suppliers' quotations with detailed break-out and pricing, rental equipment hours and

rates, and materials quantities and unit prices and such other evidence of cost as the Owner may require.

12.5.4.2 The Contractor shall commence submission of daily time and material tickets immediately upon commencement

of the Change Order Work and continue to submit them until completion of the Change Order Work. The Owner

may require authentication of all time and material tickets and invoices by persons designated by the Owner for

such purpose.

12.5.4.3 The failure of the Contractor to provide any required authentication shall, if the Owner elects to treat it as such,

constitute a waiver by the Contractor of any claim for the cost of that portion of the Change in the Work covered

by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice

by the Owner shall not constitute an acknowledgment by the Owner that the items thereon were reasonably

required for the Change in the Work.

12.5.4.5 The Contractor shall submit his complete submission of the reasonable actual cost and time to perform the

Change in the Work within twenty (20) days of the request of the Owner's Authorized Representative to do so.

The Owner and the Owner's Authorized Representative shall review the costs and time submitted by the

Contractor on the basis of reasonable expenditures and savings of those performing the Change in the Work. If

such costs and time are acceptable to the Owner and the Owner's Authorized Representative, or if the parties

otherwise agree to the actual reasonable cost to perform the Change in the Work, the Owner's Authorized

Representative shall issue a Change Order for the cost and time agreed upon. The amounts stated in the Change

Order for the cost and time to perform the Change in the Work shall be binding upon the parties.

12.5.5 The Contractor shall be entitled to costs as provided for in Article 12.4 which the Contractor, or his

Subcontractors, may incur as a result of delays, interferences, suspensions, changes in sequence or the like, which

are unreasonable arising from the performance of any and all changes in the Work, caused by acts or omissions of

the Owner, performed pursuant to this Article 12.

12.6 UNILATERAL CHANGE ORDER

12.6.1 In the event that the parties are unable to agree as to the reasonable cost and time to perform the Change in the

Work and the Owner does not elect to have the Change in the Work performed on a time and material basis, the

Owner and the Owner's Authorized Representative shall make a unilateral determination of the reasonable cost

and time to perform the Change in the Work, based upon their own estimates, the Contractor's submission or a

combination thereof. A Change Order shall be issued for the amounts of cost and time determined by the Owner

and the Owner's Authorized Representative and shall become binding upon the Contractor unless the Contractor

submits his protest in writing to the Owner within ten (10) days of the issuance of the Change Order. The

procedure for the resolution of the Contractor's protest shall be as described in Article 12.10. The Owner has the

right to direct in writing the Contractor to perform the Change in the Work, which is the subject of such Unilateral

Change Order. Failure of the parties to reach an agreement regarding the cost and time of performing the Change

in the Work, or any pending protest, shall not relieve the Contractor from performing the Change in the Work

promptly and expeditiously.

12.7 DECREASES AND WORK NOT PERFORMED

GENERAL CONDITIONS


12.7.1 Should it be deemed expedient by the Owner or the Owner's Authorized Representative at any time that the

Contract Work is in progress to decrease the dimensions, quantity of material or work, or vary in any other way

the work herein contracted for, the Owner or the Owner's Authorized Representative shall have the full power to

do so, and shall order and direct, in writing, such decreases to be made or performed without in any way affecting

the enforcement of said Contract. The Contractor shall, in pursuance of such written orders and directions from

the Owner or the Owner's Authorized Representative, execute the work thereby ordered and directed, and the

difference in expense occasioned by such decrease or diminution so ordered shall be deducted from the amount

payable under this Contract.

12.7.2 If work is not performed, and such deletion of work is not approved by the Owner, the Owner's Authorized

Representative shall ascertain the amount of the credit due the Owner, based on the reasonable value of the labor

and materials so deleted, for the lesser amount of materials and labor required.

12.7.3 If work is deleted from the Contract by Change Order, the amounts to be credited to the Owner shall reflect the

same current pricing as if the work were being added to the Contract at the time the deletion is ordered, and

documentation will be required for a credit as specified in Article 12.5.4.1. If such deleted materials and

equipment shall have already been purchased and stored on site and cannot be used in other projects or returned

for credit or cannot be returned for credit at the price paid by the Contractor at the time of purchase, the

Contractor shall be entitled, upon proper documentation and certification, to an adjustment in the pricing of the

credit to avoid hardship to the Contractor. If necessary in order to establish such reasonable value, the Contractor

may be required to submit a detailed breakdown of his original bid for the items or work involved.

12.8 CHANGES IN LINE AND GRADE

12.8.1 The Owner reserves the right through the Owner's Authorized Representative to make such alterations in the line

and grade of various structures or pipe lines shown on the drawings, as may be necessitated by conditions found

during construction or that in the judgment of the Owner's Authorized Representative appears advisable. The

Contractor shall not claim forfeiture of Contract by reason of such changes by the Owner's Authorized

Representative.

12.8.2 In case of a fixed price contract, the price of the work shall be negotiated as herein provided. If such alterations or

changes diminish the quantity of work to be done, they shall not constitute a claim for damages or for loss of

anticipated profits in the work which may be dispensed with, and the work as constructed shall be paid for in

accordance with the Contract prices as established for such work under this Contract.

12.9 DIFFERING SITE CONDITIONS

12.9.1 The Contractor shall promptly, and before the conditions are disturbed, give written notice to the Owner's

Authorized Representative of (a) subsurface or latent physical conditions at the site which differ materially from

those indicated in the Contract Documents, or (b) unknown physical conditions at the site, of an unusual nature,

which differ materially from those ordinarily encountered and generally recognized as inhering in work of the

character provided for in the Contract and which were not reasonably anticipated as a result of the investigation

required by Article 1.2.2.

12.9.2 The Owner's Authorized Representative shall investigate the site conditions promptly after receiving the notice. If

the conditions do materially so differ and cause an increase or decrease in the cost or time of performance, the

provisions of Article 12 "Changes in the Work" shall apply.

12.9.3 No request by the Contractor for a Change Order under this Article shall be allowed, unless the Contractor has

given the required written notice.

12.9.4 No request by the Contractor for a Change Order under this Article shall be allowed if made after final payment

under the Contract.

12.10 CLAIMS FOR ADDITIONAL COST AND/OR TIME

GENERAL CONDITIONS


12.10.1 If the Contractor wishes to make a claim for an increase in the Contract Price and/or Contract Time, he shall give

the Owner written notice thereof within seven (7) calendar days after the occurrence of the event giving rise to

such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an

emergency endangering life or property in which case the Contractor shall proceed as provided in Article 10. No

claim shall be allowed and no amounts shall be paid for any and all costs incurred more than twenty (20) days

prior to the time notice is given to the Owner as herein provided. Any change in the Contract Price and/or

Contract Time resulting from such claim shall be authorized by Change Order. The Contractor's complete claim

submittal for an increase in the Contract Price shall be submitted no later than twenty (20) calendar days after the

work for which the claim is made has been completed or after the request of the Owner or the Owner's Authorized

Representative.

12.10.2 If the Contractor claims that additional cost or time is involved because of, but not limited to, any of the following

circumstances, the Contractor shall make such claim as provided in Subparagraph 12.10.1: (1) any written

interpretation pursuant to Article 2, (2) any order by the Owner to stop the Work pursuant to Article 3 where the

Contractor was not at fault, (3) failure of payment by the Owner pursuant to Article 9, or (4) any written order for

a minor change in the Work issued pursuant to Article 12.8.1.

12.11 ATTORNEYS' FEES AND OTHER EXPENSES

12.11.1 In recognition of the public monies being administered by the Owner to fund this Contract, the Contractor hereby

agrees that he will not submit, assert, litigate or otherwise pursue any frivolous or unsubstantiated delay claims.

In the event that the Contractor's delay claim, or any separate item of a delay claim, is determined through

litigation or other dispute resolution process to be false or to have no basis in law or fact, the Contractor shall be

liable to the Owner and shall pay it for all Investigation Costs costs incurred by the Owner which include

investigating, analyzing, negotiating, appealing, defending, and litigating the false or baseless delay claims,

including, but not limited to, attorneys' fees, audit costs, accountants' fees, expert witness' fees, additional

architect/engineer expenses and any other consultant costs. The amount to be paid hereunder to the Owner shall

be the percentage of the Owner’s total Investigation Costs in an amount equal to the percentage of the

Contractor’s total delay claim which is determined to be false or to have no basis in fact.

12.11.2 If any dispute should arise between the parties with respect to an increase or decrease in the Contract Price or an

extension or reduction in the Contract Time or as a result of a Change in the Work, the Contractor shall not

suspend performance of a Change in the Work or the Work itself unless otherwise so ordered by the Owner's

Authorized Representative in writing. Disputes shall be resolved pursuant to Article 7.4 of the Contract. The

Owner will, however, pay the Contractor up to the Owner's Authorized Representative's estimated value of the

Change in the Work, regardless of the dispute, if said Change in the Work results in an increase in the Contract

Price; and the Owner will have the right to decrease the Contract Price up to the Owner's Authorized

Representative's estimated value of the Change in the Work, regardless of the dispute, if said Change in the Work

results in a decrease in the Contract Price.

END OF ARTICLE 12

ARTICLE 13: UNCOVERING AND CORRECTION OF WORK

13.1 UNCOVERING OF WORK

13.1.1 If any portion of the Work should be covered contrary to the request of the Owner's Authorized Representative or

to requirements specifically expressed in the Contract Documents or to requirements of applicable Construction

Permits, it must, if required in writing by the Owner's Authorized Representative, be uncovered for its observation

and shall be replaced at the Contractor's expense.

13.1.2 If any portion of the Work has been covered that the Owner's Authorized Representative has not specifically

requested to observe prior to being covered, the Owner's Authorized Representative may request to see such Work

GENERAL CONDITIONS


and it shall be uncovered by the Contractor. If such Work complies with the Contract Documents, the cost of

uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work does not

comply with the Contract Documents, the Contractor shall pay such costs unless the Owner caused this condition,

in which event the Owner shall pay such costs.

13.2 CORRECTION OF WORK

13.2.1 The Contractor shall promptly reconstruct, replace or correct all work rejected by the Owner's Authorized

Representative as defective or as failing to conform to the Contract Documents or as not in accordance with the

guarantees and warranties specified in the Contract Documents whether observed before or after Substantial

Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of

correcting such rejected Work, including compensation for the Owner's Authorized Representative and any other

additional services made necessary thereby.

13.2.2 The Contractor, unless removal is waived by the Owner, shall remove from the site all portions of the Work that

are defective or non-conforming, or if permitted or required, he shall correct such Work in place at his own

expense promptly after receipt of notice, and such rejected Work shall not thereafter be tendered for acceptance

unless the former rejection or requirement for correction is disclosed.

13.2.3 If the Contractor does not proceed with the correction of such defective or non-conforming Work within a

reasonable time fixed by written notice from the Owner's Authorized Representative, the Owner may either:

.1 By separate contract or otherwise replace or correct such Work and charge the

Contractor the cost occasioned the Owner thereby and remove and store the

materials or equipment at the expense of the Contractor; or

.2 Terminate this Contract as provided in Article 14.3 "DEFAULT

TERMINATION."

13.2.4 The Contractor shall bear the cost of making good all work of the Owner or separate Contractors destroyed or

damaged by such correction or removal.

13.2.5 Nothing contained in this Article 13.2 shall be construed to establish a period of limitation with respect to any

other obligation that the Contractor might have under the Contract Documents, including Article 4.7

"WARRANTY" hereof. The establishment of the time period of one (1) year after the Date of Substantial

Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required

by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has

no relationship to the time within which his obligation to comply with the Contract Documents may be sought to

be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability

with respect to his obligations other than specifically to correct the Work.

13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK

13.3.1 If the Owner's Authorized Representative prefers to accept defective or non-conforming Work, it may do so instead of

requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract

Price where appropriate and equitable, or the Owner may elect to accept payment in materials or services, in lieu of a

reduction in the Contract Price. If the amount of a reduction is determined after Final Payment, it shall be paid to the

Owner by the Contractor.

END OF ARTICLE 13

ARTICLE 14: TERMINATION OF THE CONTRACT

14.1 TERMINATION FOR THE CONVENIENCE OF THE OWNER

GENERAL CONDITIONS


14.1.1 The Owner may, at any time upon ten (10) days written notice to the Contractor, terminate, without prejudice to

any right or remedy of the Owner, the whole or any portion of the Work for the convenience of the Owner. This

Notice of Termination shall specify that portion of the Work to be terminated and the effective date of

termination. The Contractor's sole remedy, in the event of such termination, will be the allowable termination

costs permitted by Article 14.2 "ALLOWABLE CONVENIENCE TERMINATION COSTS."

14.1.2 The Contractor shall include termination clauses identical to Article 14 in all subcontracts and purchase orders

related to the Work. Failure to include these termination clauses in any subcontracts or purchase orders shall

preclude recovery of any termination costs related to that subcontract or purchase order.

14.2 ALLOWABLE CONVENIENCE TERMINATION COSTS

14.2.1 After complying with the provisions of Article 14.4, the Contractor shall submit a termination claim, in no event

later than six (6) months after the effective date of its termination, unless one or more extensions of three (3)

months each are granted by the Owner in response to the Contractor's written request.

14.2.2 The Owner shall pay the Contractor's reasonable costs of termination, plus a mark-up of ten (10) percent for profit

and overhead. In no event shall this amount be greater than the original contract price, reduced by any payments

made prior to Notice of Termination, and further reduced by the price of the supplies not delivered, or the service

not provided. This Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount.

14.2.3 In the event that the parties cannot agree on the whole amount to be paid to the Contractor by reason of

termination under this clause, the Owner shall pay to the Contractor the amounts, as determined by the Owner's

Authorized Representative as follows, without duplicating any amounts which may have already been paid under

the preceding paragraph of this clause:

.1 With respect to all Contract performance prior to the effective date of Notice of

Termination, the total of:

(1) cost of work performed or supplies delivered;

(2) the costs of settling and paying any reasonable claims as provided in

Article 14.4; and

(3) a mark-up of ten (10) percent for profit and overhead.

.2 The total sum to be paid under .1 above shall not exceed the contract price, as

reduced by the amount of payments otherwise made, and as further reduced by

the contract price of work not done or supplies not delivered.

14.2.4 In the event that the Contractor is not satisfied with any payments which the Owner's Authorized Representative

shall determine to be due under this clause, the Contractor may proceed in accordance with Article 7.4

"DISPUTES."

14.2.5 If the Contractor would have sustained a loss on the entire Contract had it been completed, no profit shall be

included or allowed hereunder and an appropriate adjustment shall be made reducing the amount of the settlement

to reflect the indicated rate of loss.

14.3 DEFAULT TERMINATION

14.3.1 The Owner may, upon ten (10) days written notice to the Contractor, terminate, without prejudice to any right or

remedy of the Owner, the Contract for default, in whole or in part, and may take possession of the Work and

complete the Work by contract or otherwise in any of the following circumstances:

.1 The Contractor refuses or fails to prosecute the Work or any separable part

thereof with such diligence as will ensure the Substantial Completion of the Work

within the Contract Time, or fails to meet any milestones established in the

GENERAL CONDITIONS


Contract Documents or fails to substantially complete the Work within said

period;

.2 The Contractor is in default in carrying out any provision of the Contract for a

cause within his or his Subcontractors' control;

.3 The Contractor fails to supply a sufficient number of properly skilled workmen or

proper equipment or materials;

.4 The Contractor fails to make prompt payment to Subcontractors or for materials

or labor;

.5 The Contractor disregards laws, permits, ordinances, rules, regulations, or orders

of any public authority having jurisdiction;

.6 The Contractor breaches any provision of the Contract Documents;

.7 The voluntary abandonment of the Project by the Contractor;

.8 Judicial proceedings in any State and/or any United States Federal Court as

follows:

(1) The filing by the Contractor of a voluntary petition in bankruptcy or in solvency, or a

petition for reorganization;

(2) The consent to an involuntary petition in bankruptcy or the failure to

vacate within sixty (60) calendar days from the date of entry thereof

any order approving an involuntary petition by the Contractor;

(3) The appointment of a receiver for all or any substantial portion of the

property of the Contractor; and

(4) The entering of an order, judgment or decree by any court of

competent jurisdiction, on the application of a creditor, that

adjudicates the Contractor as bankrupt or insolvent or approves a

petition seeking reorganization, or appoints a receiver, trustee or

liquidator of all or a substantial part of such party's assets, and such

order, judgment or decree continues unstayed and in effect for any

period of one hundred twenty (120) consecutive days.

.9 Upon at least one hundred twenty (120) calendar days prior written notice by the

Owner to the Contractor, at any time during the term of the Agreement, the

Owner determines that maintaining the Agreement in force will harm, bring into

disrepute, or effect the integrity of the Owner.

14.3.2 Upon termination of this Agreement under this Article, the Contractor shall remove all of his employees and

property from the Project in a smooth, orderly, and cooperative manner.

14.3.3 The right of the Contractor to proceed shall not be terminated under Article 14.2 because of any delays in the

completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the

Contractor or his Subcontractors as specifically set forth in Article 8.3 "DELAYS AND EXTENSIONS OF

TIME."

14.3.4 If, after the Contractor has been terminated for default pursuant to Article 14.3, it is determined that none of the

circumstances set forth in Article 14.3.1 exist, then such termination shall be considered a termination for

convenience pursuant to Article 14.1. In such case, the Contractor's sole remedy will be costs permitted by

Article 14.2.

GENERAL CONDITIONS


14.3.5 If the Owner terminates the Contract, the Contractor shall not be entitled to receive any further payment until the

Work is finished. If the unpaid balance of the Contract Price exceeds the cost of completing the Work including

compensation for additional managerial, administrative and inspection services and any damages for delay, such

excess amount shall be paid to the Contractor. If such expenses exceed the unpaid balance, the Contractor and his

sureties shall be liable to the Owner for such excess amount.

14.3.6 If the right of the Contractor to proceed with the Work is partially or fully terminated, the Owner may take

possession of and utilize in completing the Work such materials, appliances, supplies, plant and equipment as may

be on the site of the terminated portion of the Work and necessary for the completion of the Work. If the Owner

does not fully terminate the right of the Contractor to proceed, the Contractor shall continue to perform the part of

the Work that is not terminated.

14.4 GENERAL TERMINATION PROVISIONS

14.4.1 After receipt of a Notice of Termination from the Owner, pursuant to Article 14.1 or 14.3, and except as otherwise

directed by the Owner, the Contractor shall:

.1 Stop Work under the Contract on the date and to the extent specified in the Notice of

Termination;

.2 Place no further purchase orders or subcontracts for materials, services, or

facilities, except as may be necessary for completion of such portion of the Work

under the Contract that is not terminated;

.3 Terminate all purchase orders and subcontracts to the extent that they relate to the

performance of Work terminated by the Notice of Termination;

.4 At the option of the Owner, assign to the Owner in the manner, at the times and to

the extent directed by the Owner, all of the rights in the contracts so terminated, in

which case, the Owner shall have the right, at his discretion, to settle or pay any

or all claims arising out of the termination of such purchase orders and

subcontracts;

.5 Settle all outstanding liabilities and all claims arising out of such termination of

purchase orders and subcontracts, with the approval or ratification of the Owner,

to the extent he may require, which approval or ratification shall be final for all

the purposes of this Article;

.6 Transfer title and deliver to the entity or entities designated by the Owner, in the

manner, at the times and to the extent directed by the Owner to the extent

specifically produced or specifically acquired by the Contractor for the

performance of such portion of the Work as has been terminated, the following:

(1) The fabricated or unfabricated parts, work in progress, partially

completed supplies and equipment, materials, parts, tools, dies, jigs,

and other fixtures, completed work, supplies and other material

produced as part of, or acquired in connection with the performance

of, the work terminated by the Notice of Termination; and

(2) The completed or partially completed plans, drawings, shop drawings,

submittals, information, releases, manuals, and other property related

to the Work and which, if the Contract had been completed, would

have been required to be furnished to the Owner.

.7 Use his best efforts to sell, in the manner, at the times, to the extent and at the

price or prices directed or authorized by the Owner or Owner's Authorized

GENERAL CONDITIONS


Representative, any property of the types referred to in Article 14.4.1.6; provided,

however, that the Contractor:

(1) Shall not be required to extend credit to any buyer; and

(2) May acquire such property under the conditions prescribed by and at a

price or prices approved by the Owner; and provided further that the

proceeds of any such transfer or disposition shall be applied in

reduction of any payments to be made by the Owner to the Contractor

under the Contract or shall otherwise be credited to the Contract Price

covered by the Contract or paid in such other manner as the Owner

may direct;

.8 Complete performance of such part of the Work as shall not have been terminated

by the Notice of Termination; and

.9 Take such action as may be necessary, or as the Owner or Owner's Authorized

Representative may direct for the protection and preservation of the property

related to the Contract that is in the possession of the Contractor and in which the

Owner has or may acquire an interest.

14.4.2 If the convenience termination, pursuant to Article 14.1, is partial, the Contractor may file with the Owner a claim

for an equitable adjustment of the Contract Price relating to the continued portion of the Contract (the portion not

terminated by the Notice of Termination) for costs increased because of such partial termination. Such equitable

adjustment as may be agreed upon shall be made in the Contract Price. Any claim by the Contractor for an

equitable adjustment under this Article must be submitted in writing to the Owner's Authorized Representative

within sixty (60) days from the Notice of Termination.

14.4.3 The Contractor shall refund to the Owner any amounts paid by the Owner to the Contractor in excess of costs

reimbursed under Article 14.4 within sixty (60) days of receipt of a written request from the Owner to do so.

END OF ARTICLE 14

General 01100 - 1

SECTION 01100 GENERAL

1. GENERAL The work covered by these specifications comprises the furnishing of all plant, labor, material and equipment, and installation and construction of all items, and performances of all works necessary to complete the project as shown on the drawings and described in these specifications in a satisfactory and acceptable manner. 2. LICENSES AND PERMITS Prior to beginning construction, the Contractor shall obtain and display all Town, County and State licenses required by law in the operation of his business. 3. REFERENCE TO MANUFACTURERS N/A Any reference to manufacturers is not intended to limit the equipment to that manufacturer, but is given to establish a standard of quality and to indicate the type of material desired. If a change in the details of construction and equipment accessories is necessary to meet the particular type of equipment selected, no additional increase in the Contract price will be allowed in connection with such changes. Any such change shall be approved by the Engineer and shall be accompanied by detailed drawings if deviation from the Contract drawings is required. The Contractor shall list in the Bid Proposal manufacturers of the major equipment that he intends to furnish. 4. DETAILED AND MANUFACTURER'S DRAWINGS The Contractor shall submit for the approval of the Engineer, prior to start of construction, detailed or shop drawings of all equipment he contemplates furnishing under this Contract. Equipment shall not be fabricated until shop drawings have been approved. All shop drawings shall be checked and signed or stamped by the Contractor before submission to the Engineer. The approval of Contractor's shop drawing will be general and shall not relieve the Contractor from the responsibility for adherence to the Contract, nor shall it relieve him of the responsibility for any error which may exist. Where such errors or omissions are discovered later, they shall be made good by the Contractor irrespective of any approval by the Engineer. 5. AS-BUILT DATA Promptly after completion of any portion of the work provided for in this Contract, the Contractor shall deliver to the Engineer all data necessary to revise the plans and specifications to the as-built condition. The Contractor will be held responsible for the accuracy of such data and shall bear any costs incurred in the location of other work as a result of incorrect as-built data furnished by the Contractor. 6. REQUIREMENT OF MANUFACTURERS N/A Equipment described in these specifications shall be installed in complete accordance with the manufacturer's recommendations, and, except where operational guarantees are required, proof must be given by the manufacturer that similar equipment of his make has been in satisfactory operation under comparable conditions for a period of at least two (2) years unless otherwise stated.

General 01100 - 2

7. MATERIAL APPROVAL All materials furnished by the Contractor shall be new and as indicated in the applicable specifications or shown on the drawings. The Contractor shall, if required, furnish satisfactory evidence for the approval of the Engineer, as to the kind and quality of materials. Copies of specific tests called for in the specifications shall be furnished. Before beginning work, the Contractor shall advise and shall obtain the approval of the Engineer in writing, of any optional materials allowable under the various headings, which he proposes to use. 8. STORAGE OF MATERIALS Suitable storage facilities shall be furnished by the Contractor. All materials, supplies and equipment intended for use in the work shall be stored by the Contractor to prevent damage from exposure, admixture with foreign substances, or vandalism. The Engineer will refuse to accept, or sample for testing, materials, supplies or equipment that have been improperly stored. Materials found unfit for use shall not be incorporated in the work and shall immediately be removed from the construction or storage site. 9. ERECTION SUPERVISION N/A The installation or erection of all major equipment shall be supervised by factory trained personnel representing the manufacturer of the equipment. Major equipment shall be considered as those items listed in the "Equipment Schedule" in the Bid Proposal. The Contractor shall be responsible for the notification to the equipment manufacturer or supplier to assure presence of responsible personnel to supervise installation or erection of equipment involved. 10. PROGRESS OF WORK If at any time, the materials and appliances to be used, appear to the Engineer as insufficient or improper for securing the quality of work required, or the required rate of progress, he may order the Contractor to increase his efficiency or to improve the character of his work and the Contractor shall conform to such an order; but the failure of the Engineer to demand any increase of such efficiency or any improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress necessary to complete the work within the limits imposed by the Contract. 11. SCHEDULE OF WORK The work shall be scheduled to minimize interference with the existing traffic. It shall be the Contractor's responsibility to maintain the plant in operation at all times. The Contractor shall submit a schedule of work to the Engineer for his approval and shall up-date this schedule bi-monthly if actual progress does not follow original schedule. The Engineer shall have the right to re-schedule work where objectionable interference is indicated. 12. TOOLS N/A The Contractor shall provide one (1) kit of service tools with each piece of mechanical equipment furnished under these specifications. The tools shall be of first quality and as furnished or recommended by the manufacturer of the equipment to be serviced. 13. SALVAGED EQUIPMENT OR MATERIALS N/A In the absence of special provisions to the Contract, salvaged materials, equipment or supplies that occur are the property of the Owner and shall be cleaned and stored as directed by the Engineer. Contractor will not be required to haul salvaged materials from the site of work unless otherwise specified on the drawings.

General 01100 - 3

14. OPERATING AND MAINTENANCE INSTRUCTIONS N/A The Contractor for this project shall provide to the Owner two sets of brochures containing spare parts, data and operating and maintenance instructions on all major equipment furnished for the project. This material shall be furnished before the completion of the project and before final payment is made to the Contractor. 15. PHOTOGRAPHS The Contractor shall make provisions for photographs to be taken of any unusual conditions during the course of construction where a photographic record is desirable and required by the Engineer. The cost of this item will be provided for as an extra under a Contract Change Order. The photographs desired are to be approximately 8 x 10 inches in size. Two prints and the negative of each picture shall be delivered to the Engineer. 16. PRESERVATION OF PROPERTY The Contractor shall preserve from damage all property along the line of the work, or which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by the plans. This applies to public utilities, sod, walks, trees, monuments, fences, pipe and underground structures, public streets, or highways, except natural wear and tear of streets or highways resulting from legitimate use thereof by the Contractor. Wherever such property is damaged due to the activities of the Contractor, it shall be immediately restored to its original condition by the Contractor at his own expense. In case of failure on the part of the Contractor to restore such property or make good such damage or injury, the Owner may, after 48 hours notice to the Contractor, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any moneys due or which may become due the Contractor from receiving proper compensation for the removal, damage or replacement of any public or private property, not shown on the plans, when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees or agents. 17. TEMPORARY DESK SPACE N/A The Contractor shall provide the Engineer with a temporary desk and drawing board space located in a suitable area where the work is being performed. He shall provide a suitable desk, drafting board, chair, telephone service, facsimile machine, adequate lighting and means to securely lock the space during the Engineer's absence. 18. CLEANUP Attention is directed to the "Cleaning Up" provisions specified in the General Conditions of the Contract Documents, wherein it is the Contractors responsibility to "Maintain at all times work and other areas, clear of debris, trash and other objectionable matter". Contractor's schedule of work as submitted under the provisions of paragraph 11 of this section shall reflect the Contractor's planning for this work. The schedule shall indicate that a 30-day period will not be exceeded from the time of starting excavation for trenches and manholes to completion of cleanup in the scheduled work area. The Contractor shall remove surplus excavated materials and materials for construction as the work progresses, and shall render the site suitable, safe and convenient for traffic. Before final acceptance of the work, the Contractor shall clean the plant site leaving it in as good condition as originally found, and shall remove all machinery, tools, surplus materials, temporary buildings and

General 01100 - 4

other structures from the site of work. Furthermore, the sewers, manholes, inlets and other structures shall be cleared of all scaffolding, centering, surplus mortar, rubbish or dirt, and left in a clean and proper condition. 19. GUARANTY The Contractor for the work herein specified, in consideration of the prices bid and to be received therefore, guarantees that the workmanship and materials furnished under the specifications and used in said work, are first class in all respects, and are of such kind, quality and amount, that for a period of one year after the completion and final acceptance thereof by the Owner, the work shall require no repairs or renewals of defects in workmanship or materials.

If, during the said guaranty period, the improvement shall in the opinion of the Engineer or the Owner, require any repairs or renewals which in his or its judgment are necessitated by reason of settlement of foundation, structure forthwith upon notification by the Engineer or the Owner of the necessity for such repairs or renewals, make such repairs or renewals at his own cost and expense. Should the Contractor fail to make such repairs or renewals within a reasonable time after notification, the Owner may cause such work to be done, either by contract or otherwise, and the Contractor or his sureties shall pay the entire cost and expense thereof. 20. STANDARD SPECIFICATIONS Reference to ASTM, Federal, AWWA, or other standards and specifications refers to the latest issue or revision. 21. OR EQUAL CLAUSE Whenever a material or article required is specified or shown on the plans by using the name of the proprietary product or of a particular manufacturer or vendor, any material or article which will perform adequately the duties imposed by the general design will be considered equal and satisfactory providing the material or article so proposed is of equal substance and function. 22. PLANS AND SPECIFICATIONS The Contractor shall be provided four (4) sets of plans and specifications at no charge, within ten days after a Notice to Proceed is issued. Any additional sets, if requested, will be paid for by the Contractor at the current rate charged by the Engineer. 23. SANITARY FACILITIES AND REFUSE COLLECTION The Contractor shall provide his own sanitary facilities and refuse collection in accordance with all legal codes and bear all costs.

SECTION 01200 MEASUREMENT AND PAYMENT

NOTES: 1. Contractor is responsible for removal and replacement of topsoil

and temporary and permanent seeding as required. 1. General For the information and guidance of bidders, the following explanation of the bid form is made herein. The omission of reference to any item in this description shall not, however, alter the bid form or relieve the Contractor of the necessity of furnishing such as a part of the contract. The owner reserves the right to increase or decrease the scope of work during the progress of construction. Payments shall be made on the basis of work actually performed in completing each item in the contract proposal, such work including, but not limited to the furnishing of all necessary labor, materials, equipment, transportation, cleanup and all other appurtenances to complete the construction and installation as shown on the drawings and as described in the specifications. 2. Furnish and Install Front Royal Golf Club – Stormwater Management Plan Payment for construction of this project will be made at the lump sum prices or unit prices as reflected in the Bid Proposal and shall include full compensation for all work including but not limited to erosion control, excavation including rock, or any other substance or structure encountered, backfill, specified subgrade, surface asphalt, underdrains, dewatering if necessary and all other appurtenances and requirements for the parking lot improvements to be constructed per the specifications and as shown on the plans. All work to be in accordance with latest Virginia Department of Transportation standards and specifications and the Town of Front Royal Water & Sewer Standards.

Earthwork 02200 - 1

SECTION 02200 EARTHWORK

PART 1 GENERAL The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and in performing all operations in connection with clearing, grubbing, excavating, filling, backfilling, and grading required for work covered by these specifications. Refer to utility specifications for additional earthwork requirements. 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM C33 1986 Concrete Aggregate ASTM C136 1984 (Rev. A) Sieve Analysis of Fine and Coarse Aggregates ASTM D698 1978 Moisture-Density Relations of Soils and Soil-

Aggregate Mixtures Using 5.5-lb (2.49-kg) Rammer and 12-in. (305-mm) Drop

ASTM D1140 1954 (R 1971) Amount of Material in Soils Finer Than the No. 200 (75-Micrometer) Sieve

ASTM D1556 1982 Density of Soil in Place by the Sand-Cone Method ASTM D1557 1978 Moisture-Density Relations of Soils and Soil-

Aggregate Mixtures Using 10-lb (4.54-kg) Rammer and 18-in. (457-mm) Drop

ASTM D2321 1983 (Rev. A) Underground Installation of Flexible Thermoplastic Sewer Pipe

ASTM D2487 1985 Classification of Soils for Engineering Purposes ASTM D2922 1981 Density of Soil and Soil-Aggregate in Place by

Nuclear Methods (Shallow Depth) ASTM D3017 1988 Water Content of Soil and Rock in Place by Nuclear

Methods (Shallow Depth) ASTM D4318 1984 Liquid Limit, Plastic Limit, and Plasticity Index of

Soils AMERICAN WATER WORKS ASSOCIATION (AWWA) AWWA C600 1987 Installation of Ductile-Iron Water Mains and Their Appurtenances ARMY CORPS OF ENGINEERS (COE) COE EM-385-1-1 1987 Safety and Health Requirements Manual FEDERAL SPECIFICATIONS (FS) FS O-F-241 (Rev. D) Fertilizer, Mixed, Commercial

Earthwork 02200 - 2

1.2 DEFINITIONS 1.2.1 Hard Materials Weathered rock, dense consolidated deposits, or conglomerate materials which are not included in the definition of "rock" but which usually require the use of heavy excavation equipment, ripper teeth, or jack hammers for removal. 1.2.2 Rock Solid homogeneous interlocking crystalline material with firmly cemented, laminated, or foliated masses or conglomerate deposits, neither of which can be removed without systematic drilling and blasting, drilling and the use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers; also large boulders, buried masonry, or concrete other than pavement exceeding 1 cubic yard in volume. Removal of hard material will not be considered rock excavation because of intermittent drilling and blasting that is performed merely to increase production. Blasting is not allowed for this project. 1.2.3 Cohesive Materials Materials ASTM D2487 classified as GC, SC, ML, CL, MH, and CH. Materials classified as GM and SM will be identified as cohesive only when the fines have a plasticity index greater than zero. 1.2.4 Cohesionless Materials Materials ASTM D2487 classified as GW, GP, SW, and SP. Materials classified as GM and SM will be identified as cohesionless only when the fines have a plasticity index of zero. 1.2.5 Excavation Classification All excavation shall be considered unclassified. The expense of excavating, removal, hauling, dewatering and disposal of all materials including hard materials, rock materials and other materials specified herein shall be included in the lump sum contract pricing. No additional compensation will be made for excavation of hard and rock material. 1.3 SUBMITTALS 1.3.1 Design Data a. Supporting system calculations - Submit drawings and calculations by a registered professional engineer. Calculations shall include data and references used. 1.3.2 Plans N/A a. Blasting work plan - Submit before starting work. 1.3.3 Field Test Reports a. Fill and backfill test b. Select material test c. Porous fill test for capillary water barrier d. Density test

Earthwork 02200 - 3

1.4 DELIVERY, STORAGE, AND HANDLING

Perform in a manner to prevent contamination or segregation of materials.

1.5 CRITERIA FOR BIDDING

Base bids on the following criteria:

a. Surface elevations are as indicated. b. Pipes or other artificial obstructions, including those indicated, may be

encountered. c. Ground water elevations indicated by the boring log were those existing

at the time subsurface investigations were made and do not necessarily represent ground water elevation at the time of construction.

d. Material character is indicated by the boring logs. e. All solid waste disposal and any burning must comply with Department of

Environmental Quality requirements.

PART 2 PRODUCTS

2.1 SOIL MATERIALS

Free of debris, roots, wood, scrap material, vegetation, refuse, soft unsound particles, and frozen, deleterious, or objectionable materials. Unless specified otherwise, the maximum particle diameter shall be one-half the lift thickness at the intended location.

2.1.1 Common Fill

Approved, unclassified soil material with the characteristics required to compact to the soil density specified for the intended location.

2.1.2 Backfill and Fill Material

ASTM D2487, classification GW, GP, GM, SW, SP, SM, with a maximum ASTM D4318 liquid limit of 35, maximum ASTM D4318 plasticity index of 12, and a maximum of 25 percent by weight passing ASTM D1140, No. 200 sieve.

2.1.3 Topsoil

Natural, friable soil representative of productive, well-drained soils in the area, free of subsoil, stumps, rocks larger than one inch diameter, brush, weeds, toxic substances, and other material detrimental to plant growth. Amend topsoil pH range to obtain a pH of 5.5 to 7. Unless otherwise indicated on the drawings, topsoil meeting the requirements specified herein shall be stripped from areas to be excavated. Topsoil shall be stockpiled for use during the finish grading and seeding operations. If sufficient suitable topsoil is not available onsite to complete finish grading and seeding operations, then additional suitable topsoil shall be imported to the project. The cost of imported topsoil shall be borne by the Contractor. 2.1.4 Select Material ASTM D2487, classification GW, GP, SW, SP with a maximum of 10 percent by weight passing ASTM D1140, No. 200 sieve. 2.2 POROUS FILL FOR CAPILLARY WATER BARRIER ASTM C33 fine aggregate grading with a maximum of 3 percent by weight passing ASTM D1140, No. 200 sieve, or coarse aggregate Size 57, 67, or 77 and conforming to the general soil material requirements specified in paragraph entitled "Soil Materials."

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2.3 BORROW Obtain borrow materials required in excess of those furnished from excavations from approved offsite sources. 2.4 UTILITY IDENTIFICATION TAPE Aluminum foil plastic-backed tape or magnetic plastic tape manufactured specifically for warning and identification of buried piping. Tape shall be detectable by an electronic detection instrument. Provide tape in rolls, 3 inches minimum width, color-coded for the utility involved, with warning and identification imprinted in bold black letters continuously over entire tape length. Warning and identification shall read "CAUTION BURIED (INTENDED SERVICE) LINE BELOW" or similar wording. Use permanent code and letter coloring unaffected by moisture and other substances contained in trench backfill material. PART 3 EXECUTION 3.1 SURFACE PREPARATION 3.1.1 Clearing and Grubbing Unless indicated otherwise, remove trees, stumps, logs, shrubs, and brush within the clearing and grading limits. Remove stumps entirely. Grub out matted roots and roots over 2 inches in diameter to at least 18 inches below existing surface. 3.1.2 Unsuitable Material Remove vegetation, debris, organic material, decayed vegetable matter, sod, mulch, and rubbish underneath paved areas or concrete slabs. 3.2 PROTECTION 3.2.1 Protection Systems Provide shoring, bracing, and sheeting in accordance with COE EM-385-1-1. 3.2.2 Site Drainage Provide for the collection and disposal of surface and subsurface water encountered during construction. 3.2.2.1 Surface Drainage So that construction operations progress successfully, completely drain construction site during periods of construction to keep soil materials sufficiently dry. Provide temporary ditches, swales, and other drainage features and equipment as required to maintain dry soils. When unsuitable working platforms for equipment operation and unsuitable soil support for subsequent construction features develop, remove unsuitable material and provide new soil material as specified herein. 3.2.2.2 Subsurface Drainage Base on site surface and subsurface conditions, available soil, and hydrological data. Remove water by pumping or other methods to prevent softening of surfaces exposed by excavation. Use filters on dewatering devices to prevent removal of fines

Earthwork 02200 - 5

from soil. Provide erosion control at outlet of piping to prevent erosion. Operate dewatering system continuously until construction work below existing water levels is complete. After placement of initial slabs and backfill, water level may be allowed to rise, but never above one foot below the prevailing level of excavation or backfill. Relieve hydrostatic head in pervious zones below subgrade elevation in layered soils to prevent uplift. 3.2.3 Underground Utilities Location of the existing utilities indicated is approximate. The Contractor shall physically verify the location and elevation of the existing utilities indicated prior to starting construction. The Contractor shall contact "Miss Utilities" for assistance in locating existing utilities. 3.2.4 Machinery and Equipment Movement of construction machinery and equipment over pipes during construction shall be at the Contractor's risk. Repair, or remove and provide new pipe for existing or newly installed pipe that has been displaced or damaged. 3.3 EXCAVATION Excavate to contours, elevation, and dimensions indicated. Reuse excavated materials that meet the specified requirements for the material type required at the intended location. Keep excavations free from water. Excavate soil disturbed or weakened by Contractor's operations, soils softened or made unsuitable for subsequent construction due to exposure to weather. Refill with backfill and fill material and compact to 95 percent of ASTM D1557 maximum density. Unless specified otherwise, refill excavations cut below indicated depth with backfill and fill material and compact to 95 percent of ASTM D1557 maximum density.

3.3.1 Structures With Spread Footings

Ensure that footing subgrades have been inspected and approved by the Geotechnical Engineer prior to concrete placement. Fill overexcavations with concrete during foundation placement. 3.3.2 Pipe Trenches Excavate to the dimension indicated. Grade bottom of trenches to provide uniform support for each section of pipe after pipe bedding placement.

3.3.3 Hard Material and Rock Excavation

Remove hard material and rock to elevations indicated in a manner that will leave foundation material in an unshattered and solid condition. Roughen level surfaces and cut sloped surfaces into benches for bond with concrete. Protect shale from conditions causing decomposition along joints or cleavage planes and other types of erosion. Areas to receive structural foundations or slabs that are overexcavated by machinery or blasting shall be backfilled with approved materials as specified herein for the intended location. Shattered rock and hard material are considered excavated materials.

3.4 FILLING AND BACKFILLING

Fill and backfill to contours, elevations, and dimensions indicated. Compact each lift before placing overlaying lift.

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3.4.1 Common Fill Placement

Provide for general site. Place in 6-inch lifts. Compact areas not accessible to rollers or compactors with mechanical hand tampers. Aerate material excessively moistened by rain to a satisfactory moisture content. Finish to a smooth surface by blading, rolling with a smooth roller, or both.

3.4.2 Backfill and Fill Material Placement Provide for paved areas and under concrete slabs, except where select material is provided. Place in 6-inch lifts. Place backfill material adjacent to structures as the structural elements are completed and accepted. Backfill against concrete only when approved. Place and compact material to avoid loading upon or against the structure.

3.4.3 Select Material Placement

Provide under porous fill of structures. Place in 6-inch lifts. Backfill adjacent to structures shall be placed as structural elements are completed and accepted. Backfill against concrete only when approved. Place and compact material to avoid loading upon or against structure. 3.4.4 Porous Fill Placement Provide under floor slab on a compacted subgrade. Place in 4-inch lifts. 3.4.5 Trench Backfilling Backfill as rapidly as construction, testing, and acceptance of work permits. Place and compact backfill under structures and paved areas in 6 inch lifts to top of trench and in 6-inch lifts to one foot over pipe outside structures and paved areas. Over excavations shall be backfilled with bedding material. 3.4.5.1 Bedding Requirements Except as specified otherwise in the individual piping section, provide bedding for buried piping in accordance with AWWA C600, Type 4, except as specified herein. Backfill to top of pipe shall be compacted to 95 percent of ASTM D698 maximum density. Plastic piping shall have bedding to spring line of pipe. Provide ASTM D2321 materials as follows: a. Class I: Angular, 6 to 40 mm (0.25 to 1.5 inches), graded stone, including a number of fill materials that have regional significance such as coral, slag, cinders, crushed stone, and crushed shells. b. Class II: Coarse sands and gravels with maximum particle size of 40 mm (1.5 inches), including various graded sands and gravels containing small percentages of fines, generally granular and noncohesive, either wet or dry. Soil Types GW, GP, SW, and SP are included in this class as specified in ASTM D2487. 3.4.5.2 Utility Identification Tape Placement Provide buried utility lines with utility identification tape. Bury tape 12 inches below finished grade, except under pavements and slabs, bury tape 6 inches below top of subgrade.

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3.5 COMPACTION Expressed as a percentage of maximum density. Determine in-place density of existing subgrade; if required density exists, no compaction of existing subgrade will be required. 3.5.1 General Site Compact underneath areas designated for vegetation and areas outside the 5-foot line of the structure to 85 percent of ASTM D1557. 3.5.2 Structures, Spread Footings, and Concrete Slabs Compact top 12 inches of subgrades to 95 percent of ASTM D1557. Compact select material to 95 percent of ASTM D1557. 3.5.3 Porous Fill for Capillary Water Barrier Compact with two passes of a hand-operated, plate type vibratory compactor. Compact areas within 5 feet of structures to 90 percent of ASTM D1557. 3.5.4 Adjacent Area Compact areas within 5 feet of structures to 90 percent of ASTM D1557. 3.5.5 Paved Areas Compact top 12 inches of subgrades to 95 percent of ASTM D1557. Compact fill and backfill materials to 95 percent of ASTM D1557. 3.6 FINISH OPERATIONS 3.6.1 Grading Finish grades as indicated within one-tenth of one foot. Grade areas to drain water away from structures. For existing grades that will remain but which were disturbed by Contractor's operations, grade as directed. 3.6.2 Seed Scarify existing subgrade. Provide 4 inches of topsoil for newly graded finish earth surfaces and areas disturbed by the Contractor. Topsoil shall meet the requirements of topsoil as defined herein before. Seed shall be as indicated on the drawings. Provide seed at 5 pounds per 1000 square feet. Provide FS O-F-241, Type I, Class 2, 10-10-10 analysis fertilizer at 25 pounds per 1000 square feet. Provide commercial agricultural limestone of 94-80-14 analysis at 70 pounds per 1000 square feet. Provide mulch and water to establish an acceptable stand of grass. 3.6.3 Protection of Surfaces Protect newly graded areas from traffic, erosion, and settlements that may occur. Repair or reestablish damaged grades, elevations, or slopes.

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3.7 DISPOSITION OF SURPLUS MATERIAL Waste of site surplus or other soil material not required or suitable for filling or backfilling, shall be disposed of offsite by the Contractor at his expense. Brush, stumps, roots, and timber shall be disposed of offsite by the Contractor at his expense. Burning will be allowed at the approval of local authorities. The contractor shall obtain all permits and pay fees relating to burning. Refuse shall be disposed of offsite in a lawful manner.

3.8 FIELD QUALITY CONTROL 3.8.1 Sampling Take the number and size of samples required to perform the following tests. All materials testing shall be performed by project Geotechnical Engineer at the contractor's expense. 3.8.2 Testing Perform one of each of the following tests for each material used. Provide additional tests for each source change. 3.8.2.1 Fill and Backfill Material Testing Test fill and backfill material in accordance with ASTM C136 for conformance to ASTM D2487 gradation limits; ASTM D1140 for material finer than the No. 200 sieve; ASTM D4318 for liquid limit and for plastic limit; ASTM D698 or ASTM D1557 for moisture density relations, as applicable. 3.8.2.2 Select Material Testing Test select material in accordance with ASTM C136 for conformance to ASTM D2487 gradation limits; ASTM D1140 for material finer than the No. 200 sieve; ASTM D698 or ASTM D1557 for moisture density relations, as applicable. 3.8.2.3 Porous Fill Testing Test porous fill in accordance with ASTM C136 for conformance to gradation specified in ASTM C33. 3.8.2.4 Density Tests Onsite density testing shall be performed by the project Geotechnical Engineer at the owner's expense. If it is determined that insufficient density has been obtained, or if materials have been incorrectly placed; the cost of retesting and inspections shall be at the contractor's expense. Test density in accordance with ASTM D1556, or ASTM D2922 and ASTM D3017. When ASTM D2922 and ASTM D3017 density tests are used, verify density test results by performing an ASTM D1556 density test at a location already ASTM D2922 and ASTM D3017 tested as specified herein. Perform an ASTM D1556 density test at the start of the job, and for every 10 ASTM D2922 and ASTM D3017 density tests thereafter. Test each lift at randomly selected locations every 1000 square feet of existing grade in fills for structures and concrete slabs, and every 2500 square feet for other fill areas and every 2000 square feet of subgrade in cut.

Cast-In-Place Concrete

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SECTION 03300

CAST-IN-PLACE CONCRETE

PART 1 GENERAL

1.1 SUMMARY

The work described in this section includes plant, labor and materials for providing cast in place

concrete for buildings, structures and sitework. The contractor shall provide all miscellaneous materials, equipment

and labor to complete the concrete construction.

1.2 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The

publications are referred to in the text by the basic designation only.

AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS

(AASHTO)

AASHTO M182 1960 (Rev. 1974) Burlap Cloth Made From Jute or Kenaf

AMERICAN CONCRETE INSTITUTE (ACI)

ACI 211.1 1981 Selecting Proportions for Normal, Heavyweight, and Mass Concrete

ACI 301 1984 Structural Concrete for Buildings

ACI 302.1R 1980 Guide for Concrete Floor and Slab Construction

ACI 304 1973 (Rev. 1983) Measuring, Mixing, Transporting, and Placing Concrete

ACI 305R 1982 Hot Weather Concreting

ACI 306R 1978 Cold Weather Concreting

ACI 315 1980 Details and Detailing of Concrete Reinforcement

ACI 347 1978 (Rev. 1984) Concrete Formwork

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

ASTM A82 1979 Cold-Drawn Steel Wire for Concrete Reinforcement

ASTM A185 1979 Welded Steel Wire Fabric for Concrete Reinforcement

ASTM A496 1978 Deformed Steel Wire for Concrete Reinforcement

ASTM A497 1979 Welded Deformed Steel Wire Fabric for Concrete Reinforcement

ASTM A615 1982 Deformed and Plain Billet-Steel Bars for Concrete Reinforcement

ASTM C31 1984 Making and Curing Concrete Test Specimens in the Field

ASTM C33 1984 Concrete Aggregates

ASTM C39 1983 (Rev. B) Compressive Strength of Cylindrical Concrete Specimens

ASTM C42 1984 (Rev. A) Obtaining and Testing Drilled Cores and Sawed Beams of Concrete

ASTM C94 1983 Ready-Mixed Concrete

ASTM C143 1978 Slump of Portland Cement Concrete

ASTM C150 1984 Portland Cement


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ASTM C171 1969 (R 1980) Sheet Materials for Curing Concrete

ASTM C172 1982 Sampling Freshly Mixed Concrete

ASTM C173 1978 Air Content of Freshly Mixed Concrete by the Volumetric Method

ASTM C231 1982 Air Content of Freshly Mixed Concrete by the Pressure Method

ASTM C260 1977 Air-Entraining Admixtures for Concrete

ASTM C309 1981 Liquid Membrane-Forming Compounds for Curing Concrete

ASTM C330 1982 (Rev. A) Lightweight Aggregates for Structural Concrete

ASTM C494 1982 Chemical Admixtures for Concrete

ASTM C595 1983 (Rev. A) Blended Hydraulic Cements

ASTM C618 1984 (Rev. A) Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral

Admixture in Portland Cement Concrete

ASTM C881 1978 (R 1983) Epoxy-Resin-Base Bonding Systems for Concrete

ASTM C920 1979 Elastomeric Joint Sealants

ASTM C989 1982 Ground Iron Blast-Furnace Slag for Use in Concrete and Mortars

ASTM D1190 1974 (R 1980) Concrete Joint Sealer, Hot-Poured Elastic Type

ASTM D1751 1983 Preformed Expansion Joint Filler for Concrete Paving and Structural

Construction (Nonextruding and Resilient Bituminous Types)

ASTM D1752 1984 Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete

Paving and Structural Construction

ASTM D1850 1974 (R 1979) Concrete Joint Sealer, Cold-Application Type

ASTM D4397 1984 Polyethylene Sheeting for Construction, Industrial and Agricultural

Application

AMERICAN WELDING SOCIETY, INC. (AWS)

AWS D1.4 1979 Structural Welding Code - Reinforcing Steel

ARMY CORPS OF ENGINEERS (COE)

COE CRD-C-572 1974 Specifications for Polyvinylchloride Waterstop

COE CRD-C-621 1983 Handbook for Concrete and Cement, Specification for Nonshrink Grout,

Volume II (1949 Edition)

U.S. DEPARTMENT OF COMMERCE PRODUCT STANDARDS (PS)

PS-1 1983 Construction and Industrial Plywood

1.3 SUBMITTALS

Submit the following to the Engineer for approval.

1.3.1 Design Data

a. Contractor mix design


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Thirty days minimum prior to concrete placement, submit a mix design for each

strength and type of concrete. Furnish a complete list of materials including type; brand; source and amount of

cement, fly ash, pozzolan, ground slag, and admixtures; applicable reference specifications; and copies of test reports

showing that the mix has been successfully tested to produce concrete with the properties specified and will be

suitable for the job conditions. Provide fly ash and pozzolan test results performed within 6 months of submittal date.

Obtain approval before concrete placement. An identical concrete mix design previously approved within the past 12

months by the Virginia Department of Transportation, may be used without further approval, provided that copies of

the previous approval and fly ash and pozzolan test results performed within 6 months of submittal date are

submitted. Obtain acknowledgment of receipt prior to concrete placement. Submit additional data regarding concrete

aggregates if the source of aggregate changes.

1.3.2 Manufacturer's Catalog Data

a. Waterstops

b. Materials for curing concrete

c. Joint sealant

d. Joint filler

e. Vapor barrier

f. Epoxy bonding agents

1.3.3 Drawings

a. Reinforcing steel

b. Formwork

Reproductions of contract drawings are unacceptable.

1.3.3.1 Reinforcing Steel

ACI 315. Indicate bending diagrams, assembly diagrams, splicing and laps of

bars, shapes, dimensions, and details of bar reinforcing, accessories, and concrete cover. Do not scale dimensions

from structural drawings to determine lengths of reinforcing rods.

1.3.4 Certificates of Compliance

a. Aggregates

b. Admixtures

c. Reinforcement

d. Cement

e. Fly ash

f. Pozzolan

g. Ground slag


03300 - 4

1.4 MODIFICATION OF REFERENCES

In the ACI publications referred to herein, the advisory provisions shall be considered to be

mandatory, as though the word "shall" has been substituted for "should" wherever it appears; reference to the

"Building Official," the "Structural Engineer," and the "Architect/Engineer" shall be interpreted to mean the Project

Engineer.

1.5 DELIVERY

Do not deliver concrete until vapor barrier, forms, reinforcement, embedded items, and chamfer

strips are in place and ready for concrete placement.

1.6 STORAGE

ACI 301 for job site storage of concrete aggregates. Store reinforcement of different sizes and

shapes in separate piles or racks raised above the ground to avoid excessive rusting. Protect from contaminants such

as grease, oil, and dirt. Provide for accurate identification after bundles are broken and tags removed.

PART 2 PRODUCTS

2.1 CONCRETE

2.1.1 Contractor-Furnished Mix Design

ACI 211.1 and ACI 301 except as otherwise specified. Concrete shall have a 28-day

compressive strength of 3000 psi for sitework and 4000 psi for all building construction unless indicated or specified

otherwise. Provide ASTM C33 aggregate Size No. 57, 67. Provide 5 to 8 percent air entrainment for concrete

exposed to the weather. Accomplish air entrainment using an air-entraining admixture. The maximum chloride

content shall not exceed one percent. Maximum water-cement ratio for air-entrained concrete shall be 0.49 for 3000

psi mix and 0.45 for 4000 psi mix. Air entrained concrete with the minimum 28 day compressive strength indicated

prepared in accordance with the Virginia Department of Transportation "Road and Bridge Specifications" may meet

the requirements of this specification subject to the Engineer's approval.

2.1.1.1 Slump Requirements

The maximum allowable slump may be increased to 5 inches for concrete

utilizing either fly ash, pozzolan, or ground slag for 20 to 25 percent, minimum, of the total cementitious material.

Element Minimum Maximum

Walls, columns, and grade beams 2 4

Floors, exterior slabs, pavement, walks, curbs and other

building construction 1 3


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2.2 MATERIALS

2.2.1 Cement

ASTM C150, Type I or II or ASTM C595, Type IP(MS) or IS (MS) blended cement

except as modified herein. The blended cement shall consist of a mixture of ASTM C150 cement and one of the

following materials: ASTM C618 pozzolan or fly ash, or ASTM C989 ground iron blast furnace slag. The pozzolan

or fly ash content shall not exceed 25 percent by weight of the total cementitious material and the ground iron blast

furnace slag shall not exceed 50 percent by weight of total cementitious material. For exposed concrete, use one

manufacturer for each type of cement, ground slag, fly ash, and pozzolan.

2.2.1.1 Fly Ash and Pozzolan

ASTM C618, Type N, F, or C, except that the maximum allowable loss on

ignition shall be 6 percent for Types N and F. Add with cement.

2.2.1.2 Ground Iron Blast-Furnace Slag

ASTM C989, Grade 100 or 120.

2.2.2 Water

Water shall be fresh, clean, and potable.

2.2.3 Aggregates

ASTM C33, except as modified herein. Obtain aggregates for exposed concrete surfaces

from one source. Aggregates shall not contain any substance which may be deleteriously reactive with the alkalies in

the cement.

2.2.4 Nonshrink Grout

COE CRD-C-621.

2.2.5 Admixtures

2.2.5.1 Air-Entraining ASTM C260

2.2.5.2 Accelerating ASTM C494, Type C

2.2.5.3 Retarding ASTM C494, Type B, D, or G

2.2.5.4 Water Reducing ASTM C494, Type A, E, or F


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2.2.6 Materials for Forms

Provide wood, plywood, or steel. Use plywood or steel forms where a smooth form

finish is required. Lumber shall be square edged or tongue-and-groove boards, free of raised grain, knotholes, or

other surface defects. Plywood: PS-1, B-B concrete form panels or better. Steel form surfaces shall not contain

irregularities, dents, or sags.

2.2.7 Reinforcement

2.2.7.1 Reinforcing Bars

ACI 301 unless otherwise specified. ASTM A615 including supplementary

requirement S1 with the bars marked.

2.2.7.2 Welded Wire Fabric

ASTM A185 or ASTM A497. Provide flat sheets of welded wire fabric for

slabs and toppings.

2.2.7.3 Wire

ASTM A82 or ASTM A496.

2.2.8 Vapor Barrier

ASTM D4397 polyethylene sheeting, minimum 6 mil thickness.

2.2.9 Polyvinylchloride Waterstops

Provide waterstop materials as indicated.

2.2.10 Materials for Curing Concrete

2.2.10.1 Impervious Sheeting

ASTM C171; waterproof paper, clear or white polyethylene sheeting,

or polyethylene-coated burlap.

2.2.10.2 Previous Sheeting

AASHTO M182.

2.2.10.3 Liquid Membrane-Forming Compound

ASTM C309, white-pigmented, Type 2, Class B.


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2.2.11 Liquid Chemical Sealer-Hardener Compound

Compound shall be magnesium fluosilicate which when mixed with water seals and

hardens the surface of the concrete. Do not use on exterior slabs exposed to freezing conditions. Compound shall not

reduce the adhesion of resilient flooring, tile, paint, roofing, waterproofing, or other material applied to concrete.

2.2.12 Expansion/Contraction Joint Filler

ASTM D1751 or ASTM D1752, 1/2-inch thick, unless otherwise indicated.

2.2.13 Joint Sealants

2.2.13.1 Horizontal Surfaces (3 Percent Slope, Maximum)

a. Outside Buildings: ASTM D1190.

b. Inside Buildings: ASTM D1190 or ASTM D1850.

2.2.13.2 Vertical Surfaces (Greater Than 3 Percent Slope)

ASTM C920, Type M, Grade NS, Class 25, Use T.

2.2.14 Epoxy Bonding Compound

ASTM C881, Type II, Grade 1, Class A (if placement temperature is below 40 degrees

F); Class B (if placement temperature is between 40 and 60 degrees F); or Class C (if placement temperature is above

60 degrees F). Provide Grade 1 or 2 for horizontal surfaces and Grade 3 for vertical surfaces.

PART 3 EXECUTION

3.1 FORMS

ACI 301. Provide forms, shoring, and scaffolding for concrete placement unless indicated or

specified otherwise. Concrete for footings may be placed in excavations without forms upon inspection and approval

by the Engineer. Excavation width shall be a minimum of 4 inches greater than indicated. Set forms mortar-tight and

true to line and grade. Chamfer above grade exposed joints, edges, and external corners of concrete 0.75 inch unless

otherwise indicated. Provide formwork with clean-out openings to permit inspection and removal of debris. Forms

submerged in water shall be watertight.

3.1.1 Coating

Before concrete placement, coat the contact surfaces of forms with a nonstaining mineral

oil, nonstaining form coating compound, or two coats of nitrocellulose lacquer. Do not use mineral oil on forms for

surfaces to which adhesive, paint, or other finish material is to be applied.


03300 - 8

3.1.2 Removal of Forms

Prevent concrete damage during form removal. After placing concrete, forms shall

remain in place for the following minimum time periods, not necessarily consecutive, where minimum temperatures

specified in paragraph entitled "Curing Periods and Minimum Temperatures" are maintained adjacent to the concrete

and formwork. The minimum time period for removal of forms shall govern where it exceeds the minimum specified

curing period. Where the formwork for one element supports the formwork for another element, the greater time

period shall apply to both elements.

Time Period

Element (Days Minimum)

Walls, columns, and girders, and slabs on grade 1

Joist, beam, or girder soffits: 14

3.1.2.1 Special Requirements for Reduced Time Period

Forms may be removed earlier than specified if ASTM C39 test results of field-

cured samples from a representative portion of the structure indicate that the concrete has reached 85 percent

(minimum) of the design strength.

3.1.3 Reshoring

Reshore concrete elements where forms are removed prior to the specified time period.

Do not permit elements to deflect or accept loads during form stripping or reshoring. Where columns, walls, or other

load-bearing concrete members are placed in advance of other framing and forms are needed for future use, forms

may be stripped after 2 days if loads are not applied to load-bearing members, and if members are cured as specified

in paragraph entitled "Curing and Protection." After forms are removed, slabs and beams over 10 feet in span and

cantilevers over 4 feet shall be reshored for the remainder of the specified time period in paragraph entitled "Removal

of Forms." Perform reshoring operations to prevent subjecting concrete members to overloads, eccentric loading, or

reverse bending. Reshoring elements shall have the same load-carrying capabilities as original shoring and shall be

spaced similar to original shoring. Firmly secure and brace reshoring elements to provide solid bearing and support.

3.2 PLACING REINFORCEMENT AND MISCELLANEOUS MATERIALS

ACI 301. Provide bars, wire fabric, wire ties, supports, and other devices necessary to install and

secure reinforcement. Reinforcement shall not contain rust, scale, oil, grease, clay, and foreign substances that would

reduce the bond. Rusting of reinforcement is a basis of rejection if the effective cross sectional area or the nominal

weight per foot of the reinforcement has been reduced to less than specified in paragraph entitled "Reinforcing Bars."

Remove loose rust prior to placing steel. Tack welding is prohibited.


03300 - 9

3.2.1 Vapor Barrier Placement

Provide beneath the on-grade concrete floor slab. Use the greatest widths and lengths

practicable to eliminate joints wherever possible. Lap joints a minimum of 12 inches. Remove torn, punctured, or

damaged vapor barrier material and provide with new vapor barrier prior to placing concrete. Concrete placement

shall not damage vapor barrier material.

3.2.2 Tolerances

Place reinforcement and secure with galvanized or noncorrodible chairs, spacers, or metal

hangers. Use concrete or other noncorrodible material for supporting reinforcement on the ground.

3.2.3 Splicing

AWS D1.4, except as otherwise indicated or specified. Splices shall be approved prior to

use. Do not splice at points of maximum stress. Overlap welded wire fabric the spacing of the cross wires, plus 2

inches.

3.2.4 Cover

ACI 301 for minimum coverage, unless otherwise indicated.

3.2.5 Setting Miscellaneous Material

Place and secure anchors and bolts, pipe sleeves, conduits, and other such items in

position before concrete placement. Plumb anchor bolts and check location and elevation. Temporarily fill voids in

sleeves with readily removable material to prevent the entry of concrete.

3.2.6 Construction Joints

Provide as detailed on drawings.

3.2.7 Expansion Joints and Contraction Joints - for Pavement Slabs

Provide expansion joint at edges of interior floor slabs on grade abutting vertical surfaces,

and as indicated. Make expansion joints 1/2-inch wide unless indicated otherwise. Fill expansion joints not exposed

to weather with preformed joint filler material. Completely fill joints exposed to weather with joint filler material and

joint sealant. Do not extend reinforcement or other embedded metal items bonded to the concrete through any

expansion joint unless an expansion sleeve is used. Provide contraction joints, either formed or saw cut or cut with a

jointing tool, to the indicated depth after the surface has been finished. Sawed joints shall be completed within 4 to

12 hours after concrete placement. Protect joints from intrusion of foreign matter.


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3.2.8 Form Ties and Accessories

The use of wire alone is prohibited. Form ties and accessories shall not reduce the

effective cover of the reinforcement.

3.3 MEASURING, MIXING, TRANSPORTING, AND PLACING CONCRETE

ASTM C94, ACI 301, ACI 302.1R, and ACI 304, except as modified herein. Provide mandatory

batch ticket information for each load of ready mix concrete.

3.3.1 Measuring

Make moisture, weight, and air determinations at intervals as specified in paragraph

entitled "Sampling and Testing." Allowable tolerances for measuring cement and water shall be 1 percent; for

aggregates, 2 percent; and for admixtures, 3 percent.

3.3.2 Mixing

ASTM C94 and ACI 301. Machine mix concrete. Begin mixing within 30 minutes after

the cement has been added to the aggregates. Place concrete within 90 minutes of either addition of mixing water to

cement and aggregates or addition of cement to aggregates if the air temperature is less than 85 degrees F. Reduce

mixing time and place concrete within 60 minutes if the air temperature is greater than 85 degrees F. Additional

water may be added, provided that both the specified maximum slump and water-cement ratio are not exceeded. If

the entrained air content falls below the specified limit, add a sufficient quantity of admixture to bring the entrained

air content within the specified limits. Dissolve admixtures in the mixing water and mix in the drum to uniformly

distribute the admixture throughout the batch.

3.3.3 Transporting

Transport concrete from the mixer to the forms as rapidly as practicable. Prevent

segregation or loss of ingredients. Clean transporting equipment thoroughly before each batch. Do not use aluminum

pipe or chutes. Remove concrete which has segregated in transporting and dispose of as directed.

3.3.4 Placing

Place concrete as soon as practicable after the forms and the reinforcement have been

inspected and approved. Do not place concrete when weather conditions prevent proper placement and consolidation;

in uncovered areas during periods of precipitation; or in standing water. Prior to placing concrete, remove dirt,

construction debris, water, snow, and ice from within the forms. Deposit concrete as close as practicable to the final

position in the forms. Do not exceed a free vertical drop of 3 feet from the point of discharge. Place concrete in one

continuous operation from one end of the structure towards the other. Position grade stakes on 10-foot centers

maximum in each direction when pouring interior slabs and on 20-foot centers maximum for exterior slabs.


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3.3.4.1 Vibration

ACI 301. Furnish a spare vibrator on the job site whenever concrete is placed.

Consolidate concrete slabs greater than 4 inches in depth with high frequency, internal, mechanical vibrating

equipment supplemented by hand spading and tamping. Consolidate concrete slabs 4 inches or less in depth by wood

tampers, spading, and settling with a heavy leveling straight edge. Operate vibrators with vibratory element

submerged in the concrete, with a minimum frequency of not less than 6000 impulses per minute when submerged.

Do not use vibrators to transport the concrete in the forms. Insert and withdraw vibrators approximately 18 inches

apart. Penetrate the previously placed lift with the vibrator when more than one lift is required. Place concrete in 18-

inch maximum vertical lifts. External vibrators shall be used on the exterior surface of the forms when internal

vibrators do not provide adequate consolidation of the concrete.

3.3.4.2 Application of Epoxy Bonding Compound

Apply a thin coat of compound to dry, clean surfaces. Scrub compound into the

surface with a stiff-bristle brush. Place concrete while compound is stringy. Do not permit compound to harden prior

to concrete placement. Follow manufacturer's instructions regarding safety and health precautions when working

with epoxy-resins.

3.3.5 Cold Weather

ACI 306R. Provide 50 degrees F minimum concrete temperature. Obtain approval prior

to placing concrete when the ambient temperature is below 40 degrees F or when concrete is likely to be subjected to

freezing temperatures within 24 hours. Cover concrete and provide sufficient heat to maintain 50 degrees F minimum

adjacent to both the formwork and the structure while curing. Limit the rate of cooling to 5 degrees F in any one hour

and 50 degrees F per 24 hours after heat application.

3.3.6 Hot Weather

ACI 305R. Provide and maintain required concrete temperature using Figure 2.1.5 in

ACI 305R to prevent the evaporation rate from exceeding 0.2 pound of water per square foot of exposed concrete per

hour. Cool ingredients before mixing or use other suitable means to control concrete temperature and prevent rapid

drying of newly placed concrete. Shade the fresh concrete as soon as possible after placing. Start curing when the

surface of the fresh concrete is sufficiently hard to permit curing without damage. Provide water hoses, pipes,

spraying equipment, and water hauling equipment (where worksite is remote to water source) to maintain a moist

concrete surface throughout the curing period. Provide burlap cover or other suitable, permeable material with fog

spray or continuous wetting of the concrete when weather conditions prevent the use of either liquid membrane curing

compound or impervious sheets. For vertical surfaces, protect forms from direct sunlight and add water to top of

structure once concrete is set.


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3.4 SURFACE FINISHES (EXCEPT FLOOR, SLAB, AND PAVEMENT FINISHES)

3.4.1 Provide finish on walls as follows:

LOCATION FINISH

Top of Walls Match adjacent finishes

Buried Walls As-Cast Rough Form

Submerged Walls (below low water level) As-Cast Rough Form

Utility Vault Interior Walls As-Cast Rough Form

Wet Well Interior Walls As-Cast Rough Form

Exposed Walls, (retaining walls, foundation walls,

non-submerged treatment unit walls*, interior pipe

trenches, interior concrete walls) Rubbed Finish

3.4.2 Defects (all walls)

Repair formed surfaces by removing minor honeycombs, pits greater than one square

inch surface area or 0.25 inch maximum depth, or otherwise defective areas. Provide edges perpendicular to the

surface and patch with nonshrink grout. Patch tie holes and defects when the forms are removed. Concrete with

extensive honeycomb (including exposed steel reinforcement, cold joints, entrapped debris, separated aggregate, or

other defects) which affect the serviceability or structural strength will be rejected, unless correction of defects is

approved. Obtain approval of corrective action prior to repair. The surface of the concrete shall not vary more than

the allowable tolerances of ACI 347. Exposed surfaces shall be uniform in appearance and finished to a smooth form

finish unless otherwise specified.

3.4.3 Not Against Forms (Top of Walls)

Surfaces not otherwise specified shall be finished with wood floats to even surfaces.

Finish shall match adjacent finishes.

3.3.4. Formed Surfaces

3.4.4.1 As-Cast Rough Form

Remove fins and other projections exceeding 0.25 inch in height; level abrupt

irregularities.

3.4.4.2 As-Cast Smooth Form

Form facing material shall produce a smooth, hard, uniform texture on the concrete.

Remove fins and other projections.


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3.4.4 Rubbed Finish

Provide rubbed finish as follows:

a. Smooth Rubbed: Provide on newly hardened concrete within 24 hours

following form removal. Wet surfaces and rub with an abrasive tool to produce uniform color and texture. Use only

the cement paste drawn from the concrete rubbing process.

b. Grout Cleaned: Finishing operations shall not begin until adjacent surfaces to

be cleaned are completed and accessible. Cleaning as the work progresses shall not be permitted. Mix one part

cement and 1.5 parts fine sand with sufficient water to produce a grout with the consistency of thick paint. Substitute

white cement for a part of the gray cement in order to produce a color matching the color of the surrounding concrete,

as determined by a trial patch. Wet the surface of the concrete sufficiently to prevent absorption of water from the

grout. Apply the grout uniformly with brushes or spray gun. Immediately after applying the grout, scrub the surface

vigorously with a cork float or stone to coat the surface and fill air bubbles and holes. Remove excess grout while

still plastic by working the surface with a rubber float, sack, or other approved method. When dry, rub the surface

vigorously with clean burlap. Keep damp for 36 hours minimum after final rubbing.

c. Cork Floated: Mix one part portland cement and one part fine sand with

sufficient water to produce a stiff mortar. Dampen the surface and apply mortar with firm rubber float or trowel,

filling surface voids. Compress mortar into voids using a slow-speed grinder or stone. If the mortar surface dries too

rapidly to permit proper compaction and finishing, apply a small amount of water with a fog sprayer. Produce the

final texture with a cork float using a swirling motion.

3.5 FLOOR, SLAB, & PAVEMENT FINISHES & MISCELLANEOUS CONSTRUCTION

ACI 302.1R, unless otherwise specified. Slope floors uniformly to drains where drains are

provided. Provide interior floor slabs with a steel troweled finish unless an alternate finish is specified. After

trowelling and moist curing are completed, apply a liquid chemical sealer-hardener compound on interior floor slabs

that do not receive floor covering.

3.5.1 Finish

Place, consolidate, and immediately strike off concrete to obtain proper contour, grade,

and elevation before bleedwater appears. Permit concrete to attain a set sufficient for floating and supporting the

weight of the finisher and equipment. If bleedwater is present prior to floating the surface, drag the excess water off

or remove by absorption with porous materials. Do not use dry cement to absorb bleedwater.

3.5.1.1 Floated

Provide for machinery pads, floors of process treatment units, and other exterior

slabs where not otherwise specified. Float the surface by hand with a wood or magnesium float, or use a power-

driven float. Floating of any one area shall be the minimum necessary to produce an even finish, level within 1/4 inch


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in 10 feet for exterior work and process treatment unit floors, and level within 1/8 inch in 10 feet for interior work

where floor drains are not provided.

3.5.1.2 Steel Troweled

First, provide a floated finish. When slab attains a proper set, trowel to a

smooth, hard, dense finish. Finished surfaces shall be free of troweled marks, uniform in texture, and a true plane,

flat within 0.01 foot (approximately 1/8 inch) in 10 feet. Hand-finish portions of the slab not accessible to power

finishing equipment (e.g., edges, corners) to match the remainder of the slab. Power trowel once and finally hand

trowel where a finished floor covering (e.g., tile, carpet) is specified. Power trowel twice and finally hand trowel for

exposed concrete floors. [Power trowel three times and finally hand trowel to provide an extra dense wearing surface

as indicated.

3.5.1.3 Broomed

Provide for exterior walks, platforms, patios, and ramps, unless otherwise

indicated. Provide a floated finish, then finish with a flexible bristle broom. Permit surface to harden sufficiently to

retain the scoring or ridges. Broom transverse to traffic or at right angles to the slope of the slab.

3.5.1.4 Pavement

Screed the concrete with a template advanced with a combined longitudinal and

crosswise motion. Maintain a slight surplus of concrete ahead of the template. After screeding, float the concrete

longitudinally. Use a straight edge to check slope and flatness; correct and refloat as necessary. Obtain final finish

by a burlap drag. Drag a strip of clean, wet burlap from 3-to 10-feet wide and 2-feet longer than the pavement width

across the slab. Produce a fine, granular, sandy textured surface without disfiguring marks. Round edges and joints

with an edger having a radius of 1/8 inch.

3.5.2 Concrete Walks

Provide 4 inches thick minimum. Provide contraction joints spaced every 5 linear feet

unless otherwise indicated. Cut contraction joints 3/4-inch deep with a jointing tool after the surface has been

finished. Provide 0.5 inch thick transverse expansion joints at changes in direction where sidewalk abuts curb, steps,

rigid pavement, or other similar structures; space expansion joints every 50 feet maximum apart. Provide walks with

a broomed finish. Provide a transverse slope as indicated. Limit variation in cross section to 1/4 inch in 5 feet.

Provide turned-down-edge and medians as indicated. Provide jointing and finish as

specified for concrete walks.

3.5.3 Pits and Trenches

Provide as indicated.


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3.5.4 Curbs and Gutters

Provide contraction joints spaced every 10 feet maximum unless otherwise indicated.

Cut contraction joints 3/4-inch deep with a jointing tool after the surface has been finished. Provide expansion joints

1/2-inch thick and spaced every 100 feet maximum unless otherwise indicated. Provide a pavement finish.

3.5.5 Splash Blocks

Provide at outlets of downspouts emptying at grade. Splash blocks may be precast

concrete, and shall be 24 inches long, 12 inches wide, and 6 inches thick, unless otherwise indicated, with smooth-

finished countersunk dishes sloped to drain away from the building.

3.6 CURING AND PROTECTION

ACI 301 unless otherwise specified. Begin curing immediately following form removal. Protect

concrete from injurious action by sun, rain, flowing water, frost, mechanical injury, tire marks, and oil stains. Do not

allow concrete to dry out from time of placement until the expiration of the specified curing period. Do not use

membrane-forming compound on surfaces where appearance would be objectionable, on any surface to be painted,

where coverings are to be bonded to the concrete, or on concrete to which other concrete is to be bonded. If forms are

removed prior to the expiration of the curing period, provide another curing procedure specified herein for the

remaining portion of the curing period. Provide moist curing for those areas receiving liquid chemical sealer-

hardener.

3.6.1 Moist Curing

Provide for the removal of water without erosion or damage to the structure.

3.6.1.1 Ponding or Immersion

Continually immerse the concrete throughout the curing period. Water shall not

be more than 20 degrees F less than the temperature of the concrete. For temperatures between 40 and 50 degrees F,

increase the curing period by 50 percent.

3.6.1.2 Fog Spraying or Sprinkling

Provide uniform and continuous application of water throughout the curing

period. For temperatures between 40 and 50 degrees F, increase the curing period by 50 percent.

3.6.1.3 Pervious Sheeting

Completely cover surface and edges of the concrete with two thicknesses of wet

sheeting. Overlap sheeting 6 inches over adjacent sheeting. Sheeting shall be at least as long as the width of the

surface to be cured. During application, do not drag the sheeting over the finished concrete or over sheeting already

placed. Wet sheeting thoroughly and keep continuously wet throughout the curing period.


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3.6.1.4 Impervious Sheeting

Wet the entire exposed surface of the concrete thoroughly with a fine spray of

water and cover with impervious sheeting throughout the curing period. Lay sheeting directly on the concrete surface

and overlap edges 12 inches minimum. Provide sheeting not less than 18 inches wider than the concrete surface to be

cured. Secure edges and transverse laps to form closed joints. Repair torn or damaged sheeting or provide new

sheeting. Cover or wrap columns, walls, and other vertical structural elements from the top down with impervious

sheeting, overlap and continuously tape sheeting joints, and introduce sufficient water to soak the entire surface prior

to completely enclosing.

3.6.2 Liquid Membrane-Forming Compound Curing

Seal or cover joint openings prior to application of curing compound. Prevent curing

compound from entering the joint. Provide and maintain compound on the concrete surface throughout the curing

period. Do not use this method of curing where the use of Figure 2.1.5 in ACI 305R indicates that hot weather

conditions will cause an evaporation rate exceeding 0.2 pound of water per square foot per hour.

3.6.2.1 Application

Unless the manufacturer recommends otherwise, apply compound immediately

after the surface loses its water sheen and has a dull appearance, and before joints are sawed. Mechanically agitate

curing compound thoroughly during use. Use approved power-spraying equipment to uniformly apply two coats of

compound in a continuous operation. The total coverage for the two coats shall be 200 square feet maximum per

gallon of undiluted compound unless otherwise recommended by the manufacturer's written instructions. The

compound shall form a uniform, continuous, coherent film that will not check, crack, or peel. Immediately apply an

additional coat of compound to areas where the film is defective. Respray concrete surfaces subjected to rainfall

within 3 hours after the curing compound application.

3.6.2.2 Protection of Treated Surfaces

Prohibit foot and vehicular traffic and other sources of abrasion for not less than

72 hours after compound application. Maintain continuity of the coating for the entire curing period and immediately

repair any damage.

3.6.3 Liquid Chemical Sealer-Hardener

Apply sealer-hardener to interior floors not receiving floor covering and floors located

under access flooring. Apply the sealer-hardener in accordance with manufacturer's recommendations. Seal or cover

joints and openings in which joint sealant is to be applied as required by the joint sealant manufacturer. The sealer-

hardener shall not be applied until the concrete has been moist cured and has aged for a minimum of 30 days. Apply

a minimum of 2 coats of sealer-hardener.


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3.6.4 Curing Periods and Minimum Temperatures

After placing concrete, maintain air temperature adjacent to the concrete at 50 degrees F

minimum for the specified time period, or 70 degrees F minimum for a period of 3 days after placing, and 40 degrees

F minimum for the remainder of the specified time period.

Time Period Concrete Structure or Cement Type

(Days Minimum)

3 ASTM C150, Type III concrete not specified otherwise.

7 ASTM C150, Type I or II, either with or without fly ash, pozzolan, or ground slag; and

ASTM C595 cement for concrete not specified otherwise.

10 Retaining walls that will be subjected to frost action or similar deteriorating conditions;

pavement not under a roof, chimneys.

14 Water tanks for potable and nonpotable water; structures that will be in contact with

water; decks and similar parts of waterfront structures over seawater that will not

ordinarily be wetted by seawater.

21 Concrete that will be in full-time or intermittent contact with seawater, salt spray, alkali

soil or waters, or similar destructive agents; tanks that will be used for corrosive liquids

and mineral oils.

3.6.4.1 Additional Curing

Double the required curing period if either one or the average of both 7-day test

cylinders indicate less than 90 percent of the strength specified (f'c).

3.6.5 Requirements for Type III (High-Early-Strength) Portland Cement

The curing periods, minimum periods during which supporting forms and shores shall be

left in place, and minimum periods for maintaining curing temperatures shall be not less than one-quarter of those

specified for portland cement, but in no case less than 72 hours.

3.7 SAMPLING AND TESTING

All concrete sampling and testing shall be at the contractor's expense. All concrete sampling and

testing shall be performed by a test laboratory under the supervision of a licensed Professional Engineer, licensed in

the Commonwealth of Virginia. Two copies of all test reports shall be provided directly to the Project Engineer.

Collection of concrete samples shall be only by qualified technicians under the supervision of the

testing laboratory.

3.7.1 Sampling

ASTM C172. Collect samples of fresh concrete to perform tests specified. ASTM C31

for making test specimens.


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3.7.2 Testing

3.7.2.1 Slump Tests

ASTM C143. Take concrete samples during concrete placement. The

maximum slump may be increased as specified with the addition of an approved admixture provided that the water-

cement ratio is not exceeded. Perform tests at commencement of concrete placement, when test cylinders are made,

and for each batch (minimum) or every 10 cubic yards (maximum) of concrete.

3.7.2.2 Temperature Tests

Test the concrete delivered and the concrete in the forms. Perform tests in hot

or cold weather conditions (below 50 degrees F and above 80 degrees F) for each batch (minimum) or every 10 cubic

yards (maximum) of concrete, until the specified temperature is obtained, and whenever test cylinders and slump tests

are made.

3.7.2.3 Compressive Strength Tests

ASTM C39. Make five test cylinders for each set of tests in accordance with

ASTM C31. Test two cylinders at 7 days, two cylinders at 28 days, and hold one cylinder in reserve. Samples for

strength tests of each mix design of and for concrete placed each day shall be taken not less than once a day, nor less

than once for each 50 cubic yards of concrete, nor less than once for each 2500 square feet of surface area for slabs or

walls. For the entire project, there shall be no less than five sets of samples taken and strength tests performed for

each mix design of concrete placed. Each strength test result shall be the average of two cylinders from the same

concrete sample tested at 28 days. If the average of any three consecutive strength test results is less than f'c or if any

strength test result falls below f'c by more than 500 psi, take a minimum of three ASTM C42 core samples from the

in-place work represented by the low test cylinder results and test. Concrete represented by core test shall be

considered structurally adequate if the average of three cores is equal to at least 85 percent of f'c and if no single core

is less than 75 percent of f'c. Locations represented by erratic core strengths shall be retested. Remove concrete not

meeting strength criteria and provide new acceptable concrete. Repair core holes with nonshrink grout. Match color

and finish of adjacent concrete.

3.7.2.4 Air Content

ASTM C173 or ASTM C231 for normal weight concrete. Test air-entrained

concrete for air content at the same frequency as specified for slump tests.

CONSTRUCTION SPECIFICATIONS and CONTRACT DOCUMENTS …

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