2026.09.29_Contract_1-Phase_2_General-Technical_Specifications_(1).pdf

Barry Parfitt Text Box General & Technical Specifications for Cross Country Sewer Easement Access Contract 1 - Phase II

September 2026

Barry Parfitt Stamp barry.parfitt Text Box 9/29/2026

00610-1

EJCDC® C-610, Performance Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Guidelines Page 1 of 4 22554

SECTION 00610

PERFORMANCE BOND

Contractor Surety

Name: [Full formal name of Contractor] Name: [Full formal name of Surety]

Address (principal place of business): Address (principal place of business):

[Address of Contractor’s principal place of business]

[Address of Surety’s principal place of business]

Owner Contract

Name: [Full formal name of Owner] Description (name and location):

Mailing address (principal place of business): [Owner’s project/contract name, and location of the project]

[Address of Owner’s principal place of business]

Contract Price: [Amount from Contract]

Effective Date of Contract: [Date from Contract]

Bond

Bond Amount: [Amount]

Date of Bond: [Date]

(Date of Bond cannot be earlier than Effective Date of Contract)

Modifications to this Bond form:

☐ None ☐ See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

Contractor as Principal Surety

(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature)(Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.

00610-2

EJCDC® C-610, Performance Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Guidelines Page 2 of 4 22554

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after:

3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance.

If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

00610-3

EJCDC® C-610, Performance Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Guidelines Page 3 of 4 22554

5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable.

12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond.

00610-4

EJCDC® C-610, Performance Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Guidelines Page 4 of 4 22554

14. Definitions

14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.

16. Modifications to this Bond are as follows: [Describe modification or enter “None”]

END OF SECTION

00615-1

EJCDC® C-615, Payment Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 1 of 4 22554

SECTION 00615

PAYMENT BOND

Contractor Surety

Name: [Full formal name of Contractor] Name: [Full formal name of Surety]

Address (principal place of business): Address (principal place of business):

[Address of Contractor’s principal place of business]

[Address of Surety’s principal place of business]

Owner Contract

Name: [Full formal name of Owner] Description (name and location):

Mailing address (principal place of business): [Owner’s project/contract name, and location of the project] [Address of Owner’s principal place of business]

Contract Price: [Amount, from Contract]

Effective Date of Contract: [Date, from Contract]

Bond

Bond Amount: [Amount]

Date of Bond: [Date]

(Date of Bond cannot be earlier than Effective Date of Contract)

Modifications to this Bond form:

☐ None ☐ See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

Contractor as Principal Surety

(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature)(Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.

00615-2

EJCDC® C-615, Payment Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 2 of 4 22554

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond will arise after the following:

5.1. Claimants who do not have a direct contract with the Contractor

5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2. Pay or arrange for payment of any undisputed amounts.

7.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.

If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

00615-3

EJCDC® C-615, Payment Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 3 of 4 22554

8. The Surety’s total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.

11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable.

13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received.

14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond.

15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

16. Definitions

16.1. Claim—A written statement by the Claimant including at a minimum:

16.1.1. The name of the Claimant;

16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished;

16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract;

16.1.4. A brief description of the labor, materials, or equipment furnished;

00615-4

EJCDC® C-615, Payment Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 4 of 4 22554

16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;

16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim;

16.1.7. The total amount of previous payments received by the Claimant; and

16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim.

16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.

16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

16.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor.

17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.

18. Modifications to this Bond are as follows: [Describe modification or enter “None”]

00920-1

EJCDC® C-625, Certificate of Substantial Completion.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Guidelines Page 1 of 1 22554

SECTION 00920

CERTIFICATE OF SUBSTANTIAL COMPLETION

Owner: Owner’s Project No.:

Engineer: Engineer’s Project No.:

Contractor: Contractor’s Project No.:

Project:

Contract Name:

This ☐ Preliminary ☐ Final Certificate of Substantial Completion applies to:

☐ All Work ☐ The following specified portions of the Work:

[Describe the portion of the work for which Certificate of Substantial Completion is issued]

Date of Substantial Completion: [Enter date, as determined by Engineer]

The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract.

A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and 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.

Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions.

The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work must be as provided in the Contract, except as amended as follows:

Amendments to Owner’s Responsibilities: ☐ None ☐ As follows:

[List amendments to Owner’s Responsibilities]

Amendments to Contractor’s Responsibilities: ☐ None ☐ As follows:

[List amendments to Contractor’s Responsibilities]

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

[List attachments such as punch list; other documents]

This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents.

Engineer

END OF SECTION

By (signature):

Name (printed):

Title:

00935-1

EJCDC® C-626, Notice of Acceptability of Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 1 of 1 22554

SECTION 00935

NOTICE OF ACCEPTABILITY OF WORK

Owner: Owner’s Project No.:

Engineer: Engineer’s Project No.:

Contractor: Contractor’s Project No.:

Project:

Contract Name:

Notice Date: Effective Date of the Construction Contract:

The Engineer hereby gives notice to the Owner and Contractor that Engineer recommends final payment to Contractor, and that the Work furnished and performed by Contractor under the Construction Contract is acceptable, expressly subject to the provisions of the Construction Contract’s Contract Documents (“Contract Documents”) and of the Agreement between Owner and Engineer for Professional Services dated [date of professional services agreement] (“Owner-Engineer Agreement”). This Notice of Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which all who receive and rely on said Notice agree:

1. This Notice has been prepared with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality.

2. This Notice reflects and is an expression of the Engineer’s professional opinion.

3. This Notice has been prepared to the best of Engineer’s knowledge, information, and belief as of the Notice Date.

4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor’s Work) under the Owner-Engineer Agreement, and applies only to facts that are within Engineer’s knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Owner-Engineer Agreement.

5. This Notice is not a guarantee or warranty of Contractor’s performance under the Construction Contract, an acceptance of Work that is not in accordance with the Contract Documents, including but not limited to defective Work discovered after final inspection, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents, or to otherwise comply with the Contract Documents or the terms of any special guarantees specified therein.

6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner’s reservations of rights with respect to completion and final payment.

Engineer

By (signature):

Name (printed):

00936-1

22554

SECTION 00936

CONSENT OF SURETY TO FINAL PAYMENT

To: (Owner)

From: (Contractor)

CONTRACT TITLE:

BOND NUMBER:

In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Surety Company) on the bond of the Contractor hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety

Company of any of its obligations to the Owner as set forth in the said Surety Company’s Bond.

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , 20 .

Surety Company Name

Signature of Authorized Representative

Attest: (Seal) Printed Name and Title

Note: Power of Attorney should be attached in instances where same applies.

00937-1

SECTION 00937

CONTRACTOR'S AFFIDAVIT

STATE OF

COUNTY OF

Before me, the undersigned, a

(Notary Public, Justice of Peace, Alderman) in and for said County and State personally appeared, (Individual, Partner or duly who being duly sworn according to law

(Authorized Representative of Corporate Contractor) deposes and says that the cost of all the Work, and outstanding claims and indebtedness of whatever nature arising out of the performance of the contract between

(Owner) and of

(Contractor) dated for the construction of the

(Agreement Date) (Project) and necessary appurtenant installations have been paid in full.

(Individual, Partner, or duly authorized representative of corporate contractor)

Sworn to and subscribed before me

This day of , 20

00938-1

SECTION 00938

CONTRACTOR'S RELEASE

KNOW ALL PERSONS BY THESE PRESENTS that of , County of and State of do hereby acknowledge that has this day had, and received of and from the sum of One Dollar and other valuable considerations in (Owner) full and complete satisfaction and payment of all sums of money owed, payable and belonging to by any means whatsoever, for on account of a Contract (Contractor)

Agreement between and (Owner) (Contractor) dated for (Agreement Date) (Project)

NOW, THEREFORE, the said

(for myself, my heirs, executors and administrators) (for itself, its successors and assigns) do/does, by these presents remise, release, quit-claim and forever discharge

(Owner)

, of and from all claims and demands, arising from or in connection with the said contract dated , and of and from all, and all manner of action

(Agreement Date) and actions, cause and causes of action and actions, suits, debts, dues, duties, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents, executions, claims and demand, whatsoever in law or equity, or otherwise, against its successors and assigns, which (I, (Owner) my heirs, executors, or administrators) (it, its successors and assigns) ever had, now have or which

(I, my heirs, executors, or administrators) (it, its successors and assigns) hereafter can, shall or may have, for, upon or by reason of any matter, cause, or thing whatsoever; from the beginning of recorded time to the date of these presents.

00938-2

CONTRACTOR'S RELEASE

IN WITNESS WHEREOF,

has caused these presents to be duly executed this day of 20

Signed, Sealed and Delivered in the presence of:

(seal) (Individual -Contractor)

(seal) (Partnership - Contractor)

By (seal) (Partner)

Attested:

(Corporation)

By (Secretary) (President or Vice President)

(Corp. Seal)

00940-1

EJCDC® C-940, Work Change Directive.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 1 of 1 22554

SECTION 00940

WORK CHANGE DIRECTIVE NO.: [Number of Work Change Directive]

Owner: Owner’s Project No.:

Engineer: Engineer’s Project No.:

Contractor: Contractor’s Project No.:

Project:

Contract Name:

Date Issued: Effective Date of Work Change Directive:

Contractor is directed to proceed promptly with the following change(s):

Description:

[Description of the change to the Work]

Attachments:

[List documents related to the change to the Work]

Purpose for the Work Change Directive:

[Describe the purpose for the change to the Work]

Directive to proceed promptly with the Work described herein, prior to agreeing to change in Contract Price and Contract Time, is issued due to: [Check one or both of the following]

☐ Non-agreement on pricing of proposed change. ☐ Necessity to proceed for schedule or other reasons.

Estimated Change in Contract Price and Contract Times (non-binding, preliminary):

Contract Price: $ [increase] [decrease] [not yet estimated].

Contract Time: days [increase] [decrease] [not yet estimated].

Basis of estimated change in Contract Price:

☐ Lump Sum ☐ Unit Price ☐ Cost of the Work ☐ Other

Recommended by Engineer Authorized by Owner

By:

Date:

00941-1

EJCDC® C-941, Change Order EJCDC® C-941, Change Order, Rev.1.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved.

Page 1 of 1 22554

SECTION 00941

CHANGE ORDER NO.: [Number of Change Order]

Owner: Owner’s Project No.:

Engineer: Engineer’s Project No.:

Contractor: Contractor’s Project No.:

Project:

Contract Name:

Date Issued: Effective Date of Change Order:

The Contract is modified as follows upon execution of this Change Order:

Description:

[Description of the change]

Attachments:

[List documents related to the change]

Change in Contract Price Change in Contract Times [as days or dates]

Original Contract Price: Original Contract Times:

Substantial Completion:

$ Ready for final payment:

[Increase] [Decrease] from previously approved Change Orders No. 1 to No. [Number of previous CO]:

[Increase] [Decrease] from previously approved Change Orders No.1 to No. [Number of previous CO]:

Substantial Completion:

$ Ready for final payment:

Contract Price prior to this Change Order: Contract Times prior to this Change Order:

Substantial Completion:

$ Ready for final payment:

[Increase] [Decrease] this Change Order: [Increase] [Decrease] this Change Order:

Substantial Completion:

$ Ready for final payment:

Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:

Substantial Completion:

$ Ready for final payment:

Recommended by Engineer (if required) Accepted by Contractor By:

Title:

Date:

Authorized by Owner Approved by Funding Agency (if applicable)

By:

Title:

EJCDC® C-942, Field Order.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved.

Page 1 of 1 22554

SECTION 00942

FIELD ORDER NO.: [Number of Field Order]

Owner: Owner’s Project No.:

Engineer: Engineer’s Project No.:

Contractor: Contractor’s Project No.:

Project:

Contract Name:

Date Issued: Effective Date of Field Order:

Contractor is hereby directed to promptly perform the Work described in this Field Order, issued in accordance with Paragraph 11.04 of the General Conditions, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work.

Reference:

Specification Section(s):

Drawing(s) / Details (s):

Description:

[Description of the change to the Work]

Attachments:

[List documents supporting change]

Issued by Engineer

By:

Title:

01010-1

SECTION 01010

SUMMARY OF WORK

PART 1 - GENERAL

1.1 DESCRIPTION:

A. Location: The Work locations include, but are not limited to, locations within the right-of-ways on the following streets and easements in the Town of Waterford.

1. From the intersection of Boston Post Road and the sanitary sewer easement cross-country south to the intersection of Rope Ferry Road.

B. Work Included: The Work includes, but is not limited to, the following:

Clearing of a 20-foot wide area within the existing sanitary sewer easement as indicated on the Drawings in accordance with Wetlands Permit #C-23-03.

1. Restoration of disturbed grassed areas within non-wetland areas in roadway rights of ways and private property.

2. Restoration to grade of wetland soil areas disturbed by machinery access in accordance with Wetlands Permit #C-23-03.

3. Other miscellaneous work described in the Specifications and on the Drawings.

C. Permits

1. Obtain construction permits for completion of the work. These include:

a. CT DOT Encroachment Permit

b. Town of Waterford - Site Access and Excavation Permit

1.2 REQUIREMENTS SPECIFIED ELSEWHERE

A. Coordination: Section 01050

B. Construction Schedules: Section 01310

C. Additional Requirements are specified elsewhere including, but not necessarily limited to, General Conditions, Supplementary Conditions, and Division 1.

PART 2 - PRODUCTS (NOT APPLICABLE)

PART 3 - EXECUTION

3.1 MAINTAIN EXISTING WORKS

A. Continuous Operations Criteria:

1. The Contractor shall conduct operations in such a manner and sequence which shall neither result in a disruption of, nor interfere with, the functional workings of any existing utilities.

2. The Owner will operate and maintain all existing systems and equipment not modified or impacted by the project. The Contractor shall notify and coordinate with the Owner whenever Contractor’s temporary facilities or construction will interface with existing utilities.

01010-2

SUMMARY OF WORK

3. The Contractor shall be responsible for the operation and maintenance of all new and temporary facilities until such time as the new facilities are accepted by the Owner.

3.2 WORK RESTRICTIONS/ REQUIREMENTS

A. Temporary Facilities Plan:

1. A project Temporary Facilities Plan shall be submitted prior to the Pre-

Construction Meeting. The Temporary Facilities Plan shall identify the approach for maintaining continuous operations for each impacted utility.

B. Maintain Services:

1. Maintain all existing sewer services.

01050-1

22039

SECTION 01050

COORDINATION

PART 1 - GENERAL

1.1 DESCRIPTION

A. Coordinate construction activities with the Owner to ensure that services, facilities, and safe working conditions are maintained.

1.2 REQUIREMENTS SPECIFIED ELSEWHERE

A. Additional Requirements are specified elsewhere including, but not necessarily limited to, General Conditions, Supplementary Conditions, and Division 1.

1.3 COORDINATION WITH OTHERS

A. Town of Waterford:

1. Coordinate access, egress, detours and traffic control, if required, at each site with the Waterford Police Department. Notify Waterford Police, Fire

Department at least 24 hours in advance of any street closings or detours.

2. Coordinate all work on Town property with Utility Commission personnel.

3. Coordinate and maintain public services to all public and private properties.

B. Connecticut Department of Transportation

1. Coordinate all work within Town roadways with CT DOT and obtain any necessary roadway access permits.

C. Waterford Public Works

1. Coordinate all work within Town roadways with Public Works Department.

D. Waterford Utility Commission

1. Coordinate all work in the vicinity of sewer lines with the Commission.

E. Provide a construction schedule to the Engineer indicating the times to perform the work required. Update the schedule when required and give the facility one week notice before the start of any work. Communicate daily with the Engineer concerning updating the schedule, job progress, delay, etc.

F. Weekly coordination meetings shall be held with Owner’s Superintendent and the

Engineer. This meeting shall cover the following:

1. Work to be completed the following week

2. Project Schedule

3. Shop Drawing

4. Outstanding RFIs and Clarifications

5. Change Orders and Field Orders

6. Discussion/Resolution of any old issues

7. New issues discussion

8. Contractor’s Safety and Health Plan Updates

G. Snow Removal Coordination: Remove snow in construction and laydown areas onsite. Coordinate closely with Owner’s operations staff to maintain access to all areas of the facility to facilitate normal operations.

01050-2

COORDINATION

1.4 CONTRACTOR'S USE OF PREMISES

A. The premises within the limits shown on the Drawings and as defined in the General

Conditions for the performance of the Work may be used. This includes:

1. Jordan Cemetery

a. Laydown area as shown on the Drawings.

b. Parking area established on the Drawings. Additional off-site vehicle parking may be required and will be coordinated with the Owner.

c. Entrance to the site: The main entrance to the site is off of Boston Post

Road.

d. The Contractor shall coordinate construction activities with cemetery management. Work shall be suspended in areas designated by the

Cemetery Owner during burial services, funeral processions, memorial services, and other ceremonial events. The Contractor shall maintain flexibility in scheduling to accommodate such events.

2. 89 Rope Ferry Road (Fire Co #1)

a. Access to portions of the Work may be available through Town-owned property at the Fire Station via an existing sewer easement. The Contractor may utilize this route for pedestrian access, transport of hand tools, and other approved means of access consistent with site conditions.

b. The Contractor shall coordinate all activities on Fire Station property with the Fire Chief or the Chief's designated representative. The Contractor shall maintain access to Fire Station facilities at all times and shall conduct operations in a manner that does not interfere with emergency response activities. The Contractor shall provide advance notice of planned construction activities affecting Fire Station property as directed by the

Fire Chief.

c. Due to the steep terrain and adverse slope conditions along the easement corridor, vehicular access from the Fire Station property to the Work area is prohibited. Construction vehicles, heavy equipment, tracked equipment, and material delivery vehicles shall not traverse the easement from the

Fire Station property unless specifically authorized in writing by the

Owner.

3. Access 79 Rope Ferry Road Access

a. The Owner has identified potential access from 79 Rope Ferry Road across private property to the sewer easement. The Contractor may request permission from the property owner to utilize this access route. The Owner does not warrant that such permission will be granted.

B. Maintain access to the sanitary sewer facilities at all times.

C. Coordinate delivery schedules, site access, and other construction-related activities with any other contractors that may be hired by the Owner during the course of construction.

D. Assume full responsibility for site security of all materials and equipment stored and those of any subcontractors.

E. If directed by the Owner, move any stored items which interfere with operations of

Owner.

F. Obtain and pay for use of additional storage or work areas if needed to perform the

01050-3

COORDINATION

Work.

G. No access to the Owner’s lunch room, toilet or locker room facilities will be provided.

Provide all necessary facilities in accordance with Specification Section 01500.

01070-1

SECTION 01070

ABBREVIATIONS & SYMBOLS

PART 1 - GENERAL

1.1 DESCRIPTION

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

AASHTO American Association of State Highway & Transportation Officials

AC Alternating Current

ACI American Concrete Institute

ACP Asbestos Cement Pipe

AGA American Gas Association

AIC Ampere Interrupting Capacity

AGMA American Gear Manufacturers Association

AIEE(IEEE) American Institute of Electrical Engineers (Institute of Electrical and Electronics Engineers, Inc.)

AISC American Institute of Steel Construction

AMP Ampere 125-16

Amer. Std. American Standard for Cast Iron Pipe Flanges and Flanged Fittings, Class l25 (ASA Bl6 ll960)

ANSI American National Standards Institute

API American Petroleum Institute

ASA American Standards Association

ASCE American Society of Civil Engineers

ASHRAE American Society of Heating, Refrigerating and Air

Conditioning Engineers

ASME American Society of Mechanical Engineers

ASTM American Society for Testing and Materials

AWG American or Brown and Sharpe Wire Gage

AWWA American Water Works Association

CCTV Closed Circuit Television

CF Cubic Foot

CFM Cubic Foot Per Minute

CFS Cubic Foot Per Second

CI Cast Iron

CIPP Cured-in-Place Pipe

CIPRA Cast Iron Pipe Research Association

CSI Construction Specifications Institute

CY Cubic Yard

DC Direct Current

DEP Department of Environmental Protection

DI (DIP) Ductile Iron (Pipe)

DOT Department of Transportation

EDR Equivalent Directional Radiation

01070-2

ABBREVIATIONS & SYMBOLS

EPA U.S. Environmental Protection Agency

FPS Feet Per Second

FT Feet

GAL Gallons

GPD Gallons Per Day

GPM Gallons Per Minute

HP Horsepower

IBR Institute of Boiler and Radiator Manufacturers

IN Inches

ISA Instrument Society of America

KVA Kilovolt-ampere

KW Kilowatt

LB Pound

MACP Manhole Assessment and Certification Program

MAX Maximum

MGD Million Gallons Per Day

MIN Minimum

NACE National Association of Corrosion Engineers

NASSCO National Association of Sewer Service Companies

NBS National Bureau of Standards

NEC National Electrical Code, Latest Edition

NEMA National Electrical Manufacturers Association

NEWWA New England Water Works Association

NPT National Pipe Thread

OS&Y Outside Screw and Yoke

PCA Portland Cement Association

PPM Parts Per Million

PSI Pounds Per Square Inch

PSIG Pounds Per Square Inch Gage

PVC Polyvinyl Chloride

RPM Revolutions Per Minute

RUS Rural Utility Service

SF Square Foot

STL. W.G. U.S. Steel Wire, Washburn and Moen, American Steel and Wire

Cos., or Roebling Gage

SY Square yard

TDH Total Dynamic Head

USAS Standards of the United States of America Standards Institute

(formerly American Standards Association)

USS GAGE United States Standard Gage

VC Vitrified Clay

WSP Working Steam Pressure

Fed. Spec. Federal Specifications issued by the Federal Supply Service of the

General Service Administration, Washington, D.C.

01150B-1

SECTION 01150B

MEASUREMENT AND PAYMENT

PART 1 - GENERAL

1.1 DESCRIPTION

A. For lump sum items, payment shall be made to the Contractor in accordance with an accepted progress schedule and schedule of values on the basis of actual work completed.

B. For unit-price items, payment shall be based on the actual amount of work accepted and for the actual amount of materials in place, as shown by final measurements.

1. All units of measurement shall be standard United States convention as applied to the specific items of work by tradition and as interpreted by the Engineer.

2. At the end of each day's work, the Contractor's Superintendent or other authorized representative of the Contractor shall report to the Engineer and determine the quantities of unit price work accomplished and/or completed during the workday.

3. After the work is completed and before final payment is made, the Engineer will make final measurements to determine the quantities of various items of work accepted as the basis for final settlement.

1.2 REQUIREMENTS SPECIFIED ELSEWHERE

A. Additional Requirements are specified elsewhere including, but not necessarily limited to, General Conditions, Supplementary Conditions, and Division 1.

1.3 SCOPE OF PAYMENT

A. Payments to the Contractor will be made for the actual quantities of the Contract items performed and accepted in accordance with the Contract Documents. Upon completion of construction, if these actual quantities show either an increase or decrease from the quantities given in the Proposal Form, the Contract Unit Prices will still prevail.

B. The Contractor shall accept in compensation, as herein provided, in full payment for furnishing all materials, labor, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced by the

Contract; also for all loss or damage arising from the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work and until its final acceptance by the Engineer, and for all risks of every description connected with the prosecution of the work, except as provided herein, also for all expenses incurred in consequence of the suspension of the Work as herein authorized.

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

01150B-2

MEASUREMENT AND PAYMENT

1.4 PAYMENT FOR INCREASED OR DECREASED QUANTITIES

A. When alterations in the quantities of work not requiring supplemental agreements, as hereinbefore provided for, are ordered and performed, the Contractor shall accept payment in full at the Contract price for the actual quantities of work done. No allowance will be made for anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as stipulated in such agreements.

1.5 OMITTED ITEMS

A. Should any items contained in the bid form be found unnecessary for the proper completion of the work contracted, the Engineer may eliminate such items from the

Contract, and such action shall in no way invalidate the Contract, and no allowance will be made for items so eliminated in making final payment to the Contractor.

1.6 PARTIAL PAYMENTS

A. Partial payments shall be made monthly as the work progresses. Partial payments shall be made subject to the provisions of the Supplemental and General Conditions.

The breakdown of quantities will be determined by the Engineer.

1.7 PAYMENT FOR MATERIAL DELIVERED

A. When requested by the Contractor and at the discretion of the Owner, payment may be made for all or part of the value of acceptable, non-perishable materials and equipment which are to be incorporated into bid items, have not been used and have been delivered to the construction site, or placed in storage places acceptable to the

Owner. Payment shall be subject to…