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HomeMy WebLinkAboutEAGLE RIVER HEIGHTS NORTH Water InformationRiv r Arian. May 17, 1977 United Bank of A~aska Mortgage Loan Section 645 G Street Anchorage, Alaska 99501 Subject: Eagle River ~eights North Addition Water Supply. The water supply serving the subject subdivision is approved by this department. If there areaany further questions, pleaee contact this office at 279-2511, extension 224 or 225. Sincerely, Robert C. Pratt, R.S. Sanitarina RCP/ljh ~EPT. OF ENVIRONMENTAL CONSERVATION / / SOUTNCENTRAL REGIONAL OFF/CE / 338 DENALI STREET November 29, 1973. j MACKAYBUILDING-ROOM$$O ANCHORAGE 9950! Mr. Robert W. Kranich, Jr.,P.E. Dickinson-Oswald & Partners BO0 Cordova Street Anchorage, Alaska 99501 SUBJECT: Bell Utilities 1973 Water & Sewer Construction As Built Drawings Dear Mr. Kranl~ht The plans and specifications for the subject project are approved for the features with which this department is concerned. Kyle J. Cherry, P,E. Regional Environmental Engineer cc: Rolf Strickland~/ ~'T. OF ENVIRON,NIENTAL CONSERV~TI~ON L~,~,~ · ~a~gust 6, 1973. aNC~O~aE~Sa~ Mr. Dan Renshaw, P.E. 519 Eighth J3enue -Rm. 209 Anchorage, Alaska 99501 SUPO~CT: Eagle River Heights Utilities, 1973 Water Line Extensions Eag~le River H~ig~i~s NOrth S~b~'ivision & bleadowbrook Subdivision Dear ~r. Renshaw: The plans and specifications for the subject project are approved for the features with which this department is concerned. Yours truly, Regional Environmental Engineer CC: Rolf Stricklandw/ GAAB-DEQ RECEIVED OR[~ATtR AN(:-HOI~AG[~ ~'~A ~O~UOH DAN RENSHAW, P.E. ~l~, EIGHTH AVENUE. R'OOM 209 ANCHORAGE. ALASKA 99501 July 16, 1975 Mr. Rolf Strickland R.S. Chief Sanitarian GAA~-DEQ ~30 "C" Street Anchorage, Alaska 99503 Dear Rir. Strickland, Enclosed with this letter is one set of plans and specifications for the "Eagle River heights Dtilities, 1975 Water Line Extensions, Eagle River, Alaska." The intended construction is within Eagle River he~gnts- Rorth Subdivision and ~sdow Broo--~'Subdiv~ion. Your -revfew-"an~"Co~ent on these aocumen~ would b~ appreciated. Construction will commence upon receipt o£ Favorable comment from your office. Thank you, truly, Dan Renshaw GREATER ANCHORAGE AREA BOROUGH Department of Environmental Quality MEMORANDUM April 19, 1973 TO: FROM: SUBJECT: Jack Roderick Borough Mayor J.S. Blair, R.S. Environmental Services Manager Eagle River Heights North Subdivision - Complaint In an attempt to resolve an obvious problem in the subject subdivision, a meeting was called to clarify misunderstandings in code enforcement by the Borough. This meeting was held at 5:00 P.M., April 16, 1973, in the Department of Environ- mental Quality conference room. In attendance at this meeting were Mr. Glenn G. Briggs, President, Eagle River Heights Utilities, Inc.; Terry Meader, Sergeant in the U.S. Army and a resident in the above mentioned subdivision; Mr. Joe Stim- son, Zoning Enforcement Officer, Building Safety Division; Rolf Strickland, D.E.Q., Chief Sanitarian; John Lee, D.E.Q., Eagle River District Sanitarian; and, J.S. Blair, D.E.Q., Environmental Services Manager. The provisions of the ordinances governing Public Nuisance Control and Zoning were. reviewed. The subdivision in question is zoned R-lA. The restrictive covenants for Eagle River Heights North Subdivision were reviewed. This review included a reminder of the fact that neither D.E.Q. or Department of Public Safety, Building Safety Division, Zoning, has any authority to enforce the provisions of subdivision restrictive covenants. Sgt. Meader was requested to state his position concerning the vehicles on his pro- perty, the condition of these vehicles, past cited violations, and answer the alle- gation that he was conducting a commercial operation at this location, such operation being prohibited by the zoning laws. Sgt. Meader stated that he had been approached by the State of Alaska, Department of Internal Revenue, that date and had been re- quired to purchase a business license for 1972 and 1973. He will be required by the State of Alaska, Department of Internal Revenue, to furnish tax statements for both years. Sgt. Meader stated he was aware that now that he had a business license he would be in obvious violation of the subdivision zoning if he were to conduct a com- mercial enterprise on this property, which included repairing Vehicles for other people. He enumerated those vehicles that were presently located on the property and stated that each of these vehicles were currently licensed and registered in his name. He further stated that one of the vehicles was inoperable and that by the end of the week of April 21st, this inoperable vehicle would be removed from the property. Jack Roderick Apr. 19, 1973 Page Two Mr. Briggs was requested to state his position and his response to Sgt. Meader's remarks. Mr. Briggs reviewed some of the previous history of this particular case. Mr. Briggs addressed himself to the restrictive covenants for Eagle River Heights North Subdivision, including the reasons these restrictive covenants had been drawn up and particularly the provisions of Section 13 of the restrictive covenant. He stated that the Borough should be enforcing the provisions of these restrictive covenants or the enforcement by the Borough should include items suggested in the restrictive covenants. It was again pointed out to Mr. Briggs by D.E.Q. and Joe Stimson, that the Borough does not have the authority to enforce the provisions of restrictive covenants. Mr. Briggs requested clarification of the zoning ordi- nace that requires the distance separation from property lines for storage of vehicles, etc., and that they be in an orderly manner. These points were clarified by Joe Stimson. Sgt. Meader pointed out that there is no law limiting the number of vehicles he may legally own. Mr. Briggs stated that he would be satisfied if Sgt. Meader was in compliance with the restrictive covenants. S§t. Meader was reminded by D.E.Q. and Joe Stimson that he was subject to the pro- visions of the Public Nuisance and Zoning Ordinances and that they would be enforced. Sgt. Meader reiterated his desire to cooperate and to be in compliance with all appli- cable rules and regulations. The meeting was then adjourned. rn cc: Glenn G. Briggs S§t. Terry Meader C.P. Judkins Joe Stimson Rolf Strickland John Lee GREATER ANCHOP~AGE AREA BOROUGH Department of Environmental Quality MEMORANDUM April 4, 1973 TO: FROM: SUBJ: Clifford P. Judkins, Director John R. Lee, Eagle River Sanitaria~ Terry MeaderProperty An inspection of the subject ~roperty was made at ll:O0 A.M., April 4, 1973. On the premises were slx {6} vehicles of which five (5) are licensed, one {1) unlicensed and one (1) on which the license sticker has not been attached. The unlicensed vehicle will be removed by April 20, 1973 and one (1) day was allowed for putting the sticker on the other vehicle. The enclosed pictures show the situation. To me it appears as an obvious case of a business at a residence. The vehicles are repaired which means there is a periodic turn-over and I am sure remuneration is received for the work. The conditions as shown will continue to exist as long as Mr. Meader is allowed to conduct his business at his residence. As you can see the premises appear like a service station repair shop. While service station repair shops look unsightly they do not violate the Public Nuisance Control Ordinance in most cases. Meader is in violation of the Subdivision covenants, the Zoning Ordinance, and in the case of the one (1) vehicle, the Public Nuisance Ordinance. mjf ART ~LE 20 FEES FOR T!iE F2][,iOVAL AND~'OR DISPOSAL OF JbllK OR ABANDONED VEHICLES Sec. 12.20.010. Policy Sta*emest. It is the declared policy of ~e ~orcugh to enccurage rc~:ova~ ant di~al of abandoned or junk vehicles. The fee for voluntary semoval nad ~;snosal¢ ~iun~, shall ge subsidized by an a--punt to ~e docermined by the Assembly, The fees charged for involuntary removal and gisposal from public or private procerty and from auto. tire related enterprises shall bo an amount sufficient enough to reimburse the Borough Tot acm~nistraTive, en,o ...... -.nt and disposal and removal costs Sec. 12.20.020. Fees. The fees for the removal and disposal of vehicles is established as follows: (a) Volunta~ ~emovat and Disposal. Where an individual has a junk ~ehicle aqd ....~shes ~o remo~'e ant aispose of the same, a basic fee of twenty-five dollars (S25.00) per vehicle i's set to cover the cost of re~val and disposal. If special conditions exist as set forth in section (d), any additional cost of ren~val shall be added to ~he basic fee. (b) 'Involuntary Removal and Disposal. Where an abandoned or junked vehicle is left on publ lc gr private property without the p~perty owners consent, the owner of the abandoned or junked vehicle shall be liable for the involuntary cost of ren~val and disposal. If the owner of the ~hicle cannot be located, the property owner can voluntarily a.gree to have the vehicle removed. The basic fee sot involunta~ removal and disposal shall be fifty dollars (S50.00) per vehicle, tf special conditions exist as set forth in section (d), the actual cost of re~val shall be added to the basic fee. (c) Removal of Junk or Abandoned Veh.icles from Automotive Related Enterprises. The c~-'sT of removal and disposal o7 junk or abandoned vehicles ,rom the ~remises of automot.ive related enterprises shall be reflective of the actual 'contract price be!ween the Borough and the party responsible' for removal and disposal. (d) Fees for Soecia! Conditions. Where special conditions exist which hinder The re.~ovai ~an~ eispasai process of junk or abandoned vehicles, such as pcor accessabi;i~y in re~'oving tho vehicle or the ,:'ehicle is extra larce or heavy i.e. trucks, ~eav¥/duty eauipment; the cost of removal or die"psat shall consist ~f the basic fee o? f~enty-five dollars ($25.00) or fifty dollars ($50.00) depending o~ whether tho disposal is voluntary or in~o]untar,v, pius any a~d[ .-ionat costs aoove and eeyond the basic fees as set for.+n in SeoTiC,,~S (a) ann (b) above. (e) Definitions. Aba;iJor;od Vehicles: /~ vehicle teft upon public or private property wi-fhin ','he £~r:~L-.;r, ~or 3uzn Ti~:a amd u,~:er such.c~rcumst~nces ~S to C~gse ~he vehicle fo cppear to ha~e been abandoned. Junk Vehicle: Is a vehicle which is not licensed as a ~+or ~ehicle in c_~'31;~mce with ~2e ~a.,'5 of A!a~'.<a nor i2 operable as a ~tor vehicle in cor~li::nco with ffhe laws of Alaska bogause of mechanical failure. In add[1~er~, a' jun< vehicle also includes a vehicle which has been wrecked~ dismantled aud'/or non-operating. -:,'~'r'. :h,. ~; -79'a- OW-UP WORK SHEET OWNER: PROPERTY: DATE TIME lEANS ~ COMMENTS I 'CONPLAI~IT: AiJDRESS: INVEST: , LEGAL: PHO;;E: CONPLAIi;T DESCRIPTIOit: VIOLATIOi'I LOCATiOH: LEGAL: : ACCOU;IT # ADDRESS: · AgbRESS: -.-. - PHONE: ' o P[;O;,;~i: DATE CUH: CONP LAI,'ff: ADDRESS: COMPLAINT DESCRIPTI011: CO~, 3: PHb~;E: LEGAL: VIOLATIO;I LOCATIO?I: LEGAL: ACCOU~IT ~ .... P~bP VIOLATOR: ADDRESS: ADDRESS:. · PHONE: DATE j TIHE AUDRESS: LEGAL: CO,qPLAIi'iT DESCRIPTIO:I: VIOLATOR: PROP OW,iEk: ADDRESS: AD5RESS: · PIIO',,iE: PHONE: _ ~.:E,:'Ji~-T" DATE TI COi-i:'lEiiTS ~REATER AI~CHORAGE AREA BOROUGH . ~Z Mr. John Roderick, Mayor Greater Anchorage Area Borough 3500 Tudor Road Anchorage, Alaska Eagle River, Alaska March 21, 1973 Dear Mayor Roderickt Your letter of March 14 replying to ours da't,~:l Mar~h 5th indicated the Greater Anchorage Area Borough would work withus-to eliminate a problem existing since July1972with a home owner in Eagle River Heights-North Subdivision who continues to park inoperative vehicles in violation of zoning (Public Safety) and DEQ regulations. On March 15th we appealed to the Public Safety Department to get two inoperative vehicles off the Borough street right-of-way to reduce the traffic congestion and permit snow plowing of the full street wid~h. The officer in charge contacted the State Troopers March 15th requesting the owner be contacted in reference to the violation. To date there has been no change in the situation. A thir~ inoperative, unlicensed vehicle continues-~to c&utter the froht yard of the property. Borough ordinances are adopted for the purpose of protecting the welfare'of the general public and in this case property values. With out enforcement, ordinances have no purpose. We are Constantly being pressed by the homeowners of the subdivision to take action to get the premises of Mr. Meader cleaned up and the vehicle~ removed from the street. The homeowners cannot understand the reluct- ance on the part of the Borough to require compliance and are now questioning us on the extent of our efforts. E~cept in extreme situations we do not advocate, or encourage resorting to the petition route to air grievences or get action however we are considering suggesting that a direct appeal be made through petition. We would much prefe~ that you give us some assurance that the matter can be handled through normal departmental channels. Your~ truly, .~ . Glenn G. Briggs, Presi~n~ Eagle River Heights UtiIities, Inc. March 14, 1973 Mr. Glenn G. Briggs, President Eagle River Heights Utilities, Inc. Box 517 Eagle River, Alaska 99577 Dear Mr. Briggs: I can appreciate the problems you have been experiencing in your subdivision. Please be advised that the Greater Anchorage Area Borough will continue to do everything they possibly can to assist you in alleviating the problem you discussed in your letter of March 5, 1973. I can understand your problem and want to assure you that the Borough will continue to work with you. Very truly yours, Jack Roderick Borough Mayor JR:lms Ed Willis Cliff Judkins Mr. John Broderick, Mayor Greater Anchorage Area Borough 3500 Tudor Road Anchorage, Als. Eagle River, Alaska March 5, 1973 REC£iV£D Dear Mr, Roderick: BOROUGH MAYOR'S OFRCE You were mailed a copy of our letter to the Director of the Anchorage Insuring Office of the Federal Housing Authority, dated Feb. 9. 1973 requesting the assistance of the Director and of your Office in the elimination of an unsightly commercial car-repair operation being condicted since July 1972 from a home and yard in the Eagle River Heights-North Subdivision. On Feb. 23 we received a reply to that letter from the Borough Department of Environmental Quality in essence stating that the subject owner's operation is in compliance with applicable Borough regulations and although in violation of the subdivision protective covenants the Borough has no authority to enforce compliance with those covenants. A memorandum enclosed with the letter dated Feb. 21, 1973 prepared by the Department of Environmental Quality re- ports twenty-four or more contacts made with the owner by one or more Borough personnel during the period July 1972 to Feb. 15, 1973 to support the conclusion reached by Denartment of Environmental Quality that no applicable regulations of the Borough are being violated. A violation of Part (f), paragraph 3, Sec. 21-5 (c) of the Zoning Ordinance does exist and has existed since the Fall of 1972. Two of the four snow-bound vehicles are not separated by at least 5 feet from the property lines. The subject owner should be required to immediately comply wire, this section of the ordinance. This case of violation of a regulation concerns us less at the moment than the enforcement policy of the Borough. The Land Subdivision Regulations and the Zoning Ordinance state as the purpose of those regulations. "to promote the health, safety and gen- eral welfare of the people". This certainly can only be interpreted to mean the health, safety and general welfare of at least a majority of the people, The accumulation of cars, pickup bo~ies and at times junk stored on and off the property of an owner whether or not owned~by him, v~ether or not licensed, whether or not possessed as a hobby or as a commercial business has ~reated blight in another- ~ise pleasant residential community. To continue to ignore or excuse it is contrary to the intent of the Zoning and Junk Ordinances, the Land Subdivision Regulations and the subdivision restrictive covenants. If it becomes apparent to the general public that the Borough i~ powerless or unwilling to take corrective action then we can reasonably expect~ to see blight showing up elsewhere in the area. We are constantly striving to upgrade our subdivisions and to encourage pride of ownership but in this isolated case we do need the help of the Borough in promoting the welfare of the great majority of the people of the area. ~curs truly, -Glenn G. Briggs, Pres. ~ ~ Eagle River He~hts Utilities, Inc. OCS James H. Tweit Acting Director Federal Housim~ Administration Anchorage Insuring Office GREATER ANCHORAGE AREA BOROUGH POUe~-,c,s~o 3339 "C" ?,feet A~-He~A-C~. ~ Anchoraga, A~aska 99503 274-4551 DEPARTMENT OF' EIN",flRONMENTAL OUALIT'¢ February 23, 1973 Mr.~Glen Briggs, President Eagle River Heights Utilities, Inc. P.O. Box 517 Eagle River, Alaska 99577 Dear Mr. Briggs: Mayor Roderick has forwarded to me a copy of your letter of February 9, 1973 to the Federal Housing Administration in which you expressed your concern over certain conditions existing in Eagle River Heights North Subdivision. Attached you will find a copy of my staff report concerning the case. I'hope this report will be of help to you although it will probably only document the information that you are already aware of. If we may be of'further assistance to you, please do not- hesitate to call upon us at your convenience. Sincerely, C.P. Judkins, R.S.. Di rector rn eno. cc: Mayor's Office Planning Department Depar: nt of Environmental Quality M'EMO RAN DUM February 21, 1973 TO: C. P. Judkins R. S. Director, Department of Environmental Quality FROM: Joseph S. Blair R. S. District Sanitatian, Chugiak - Eagle River SUBJECT: Letter from Mr. Glenn Briggs to FHA_r_eg.a_rdin~_Lot 4, Blo_ck~]~~, · Eagle-RiVer' Heights'-NO~th Su-b~t-i-~-~sio~nt,(Terry ~4ea~~ed 7/6/72 ' '' The Greater Anchorage Area Borough, Department of Environmental Quality received a complaint from Hr. Glenn Briggs concerning two or three inoperable vehicles at 605 Baranoff Street, Eagle River, Alaska; legal description Eagle River Heights North Subdivision, Lbt 4, Block 1. The violator and property owner was Mr. Terry Header. On or about 7 July 1972, Hiss Denise Bashaw went to the above address and observed a blue Ford, a black Van and a black body of a antique vehicle, plus vehicle parts, tools and tires inside the garage. Hiss Bashaw turned the case over to Mr. Burneron or about ll9 July 1972. On or about 21 July 1972,'Mr. Burner spoke with-Mrs Header about the three 'vehicles, the auto parts, the motorcycles, motorcycle parts, wood debris and junk. Mrs. Header told Mr. Burner her husband repaired and restored vehicles as a hobby. She was asked to have him cleanup the mess and told that a citation would have to be g~ven if no improvement was made and that the area would be rechecked on or about 28 July 1972. On or about 28 July 1972, Mr. Burner again talked with Mrs, Header about cleaning- up the area. She promised that she would have her husband cleanup the parts and junk and either get rid of the vehicles or repair them. On or about 31 July 1972, Mr. Burner received a call from Hr. Briggs concerning the property in question. Hr. Briggs was quite irate in the fact that the property was still in a mess. Mr. Burner made another inspection on this date at 2:00 p. m. and reported that there was slight improvement. The motorcycle parts and motorcycles had been taken into the garage and the area cleanedup slightly. On or about 1 August 1972,.another inspection was made with the notation that the 1932 Chevy body, black Van, blue Ford and truck bed still existed on the property. C. P. Judkins - -- Page 2 Februar~ 21, 1973 On or about 2 August 1972, Mr. Briggs again called Mr. Burner and was concerned that the property had stilled not been cleanedup. Mr. Burner informed Mr. Briggs that a citation would be issued to Mr. Meader if the property was not cleanedup by 4 August 1972. On or about 4'August 1972, Mr. Burner i~sued a warning ticket to Mr. Meader. The ticket was received and signed by Mrs. Meader. The ticket made clear that the Meaders would have to take some kind of action to cleanup the parts and the vehicles. The Meaders were given three (3) days to correct the sit- uation and make improvement. On or about 9 August 1972, Mr. Burner drove by the residence in question and the black Van and. the 1932 Chevy body had been relocated and arranged inside 's same date Mr. Briggs came to the Eagle River office the garage..L~ter th~ ' at he did not think the Greater and contactea mr. Burner. He told him th Anchorage Area Borough and Mr. Burner was doing a good enough job and that the vehicles should not have been allowed in the garage and that he was b ut the effort on the part of this office to correct the generally unhappy.a o _ . , - - ' nd that there were too many situation to'-his (Mr. ur~gg s) satisfaction a business there. vehicles on the property and that )~. Meader was operating a On or about l0 August 1972, I accompanied Mr. Burner to the Meader property and noted that the Van and 1932 Chevy body referred to were inside the garage and that all that existed outside was a light blue Ford Galaxy which needed some work on the engine and a truck bed with a frame on top, Mr. Burner was instructed to contact Mr. Meader concerning the truck bed and the car. As a result of'this conversation Mr. Burner was told that he was making a trailer from the truck bed for a friend that'was driving down the Alcan. Mr. Meader stated that he had the parts he needed to repair the blue Ford and that it wouldbe repaired and moved by the weekend. On or about 28 August 1972, Mr. Burner contacted Mr. Meader concerning the property and discussed with him the fact that he could not operate a commer- cial business on this property and that he would be sited if he was in viola- tion of the Greater Anchorage Area Borough Nuisance Ordinance. Mr. Burner checked at this time tosee that the property was not in violation. Mr. Burner checked the property weekly until on or about 9 October 1972 at which time the case was closed-out since the property had been kept clean and had not been violation for the past several weeks. On orabout 6 September 1972, Mr. Briggs went to the Department of Public Safety office, Zoning Section, in the Borough building and complained about Mr. Meader Lot 4, Block l, Eagle River Heights North Subdivision, running an auto repair business On or about 12 September 1972, a representive from the Public Safety ~ivision, Arlene Gonzales, accompanied by myself, and took photographs and concluded that there was an ins ected the property . _ . d on this roperty and was apparent commer?~! rep~,[~h~_~ng ~e~t:bout 13 SePtember 1972, a possibly in violation OT ~ne :u,,-u. Memo to ~_ ~ C. P. Judkins Page 3 February 21, lg73 certified letter was sent to Mr. Meader from the Zoning Officer informing him that he might be in violation and that he should contact that department with- in fourty-eight (48) hours. ~This letter was received and signed for by Mr. Meader on September 15, 1972. On or about 18 September 1972, Mr. Meader came to the Department of Public Safety and explained that he was no longer operating a business at his home but that he is Continuing to work on his neighbors car for free and that he also has two antiques of his own that he works on as a hobby. The conclusion of the Department of Public Safety, Zoning Section, was that Mr. Meader was in fact repairing automobiles or vehicles as a hobby, not as a commercial function and that he was ~ot in violation of the zoning. On or about 17 October 1972, Mr. Briggs came to this office to register a complaint concerning the above subject property owned by Mr. Meader. The provisions of. the Greater Anchorage Area Borough Nuisance Ordinance, Section 12.1§.OlO were discussed with Mr. Briggs. Mr. Briggs informed me that his complaint concerned the operation of a commercial enterprise at this location as well as the number of vehicles that were parked at this location. I explained to Mr. Briggs that the Ordinance placed no limit on the number of vehicles that could be parked on an individual lot and that if they were currently licensed and did not come under the provisions of a public nuisance that we did not have the authority to limit the number of vehicles or to have -those that were located there removed. Mr. Briggs suggested that Mr. Meader was in violation of a subdivision restrictive covenant. I requested a copy of these restrictive covenants. (copy attached) On or about 18 October 1972, Mr. Briggs returned to this office and delivered a copy of the restrictive covenants for Eagle River Heights North Subdivision. Mr. Briggs explained to me that each property owner had received a copy of these covenants, had read them and had signed'~or a.copy, stating-that he had read-and-understood -.'- these covenants.'~I explained to Mr. Briggs that at this time Mr. Meader was not in violation of the Borough Nuisance Ordinance and that the Oepartment of Public Safety, Zoning Section had determined that Mr. Meader was not in violation of their zoning in that their determination was that Mr. Meader was not operating a commercial operation but was only using these vehicles as a hobby. After having read the restrictive covenants I pointed out to Mr. Briggs that Item # 8 and Item # 13 of these restrictive covenants (copy attached) allowed Mr. Briggs to bring action against Mr. Meader. However, This department does not havethe authority to enforce subdivision restrictive covenants. On or about 29 November 1972, the Greater Anchorage Area Borough, Department df Env~ronm'~ntal Quali~y' ~eceived a Complaint-from Mr. Briggs Concerning five junk vehicles at 605 Baranoff Street, Eagle River, Alaska; legal description Lot 4,Block l, Eagle River Heights North Subdivision, and the violator and property owner Mr. Terry Meader. The complaint was furnished to Mr. Burner Who was requested to investigate. He,no to (~ C.~ p. Judkins - Page 4 February 21, 1973 On or about 5 December 1972, Hr. Glenn Briggs came to this office to register a complaint concerning the above mentioned property and the number of vehicles on this property and that he believed Hr. Header was operating a co~ercial facility at this location. On or about 6 December 1972, ! accompanied Hr. Burner to the property where an inspection was made and photos were taken. At this time two vehicles on the property were in violation of the Greater Anchorage Area Borough Public Nuisance Ordinance. The vehicles in violation were a red Jeep with a 1970 tag and a black 1953 Chevrolet Van. The Headers were not home at this time. On or about 12 December 1972, Mr. Burner issued a warning citation to Hr. Header concerning the two vehicles. The citation was received and signed . ~ by Mrs. Meader. "~ '"' "~t' 'th'~s' ti'm~' ~'he 'Depaetment of PUblic Safety, Zoning S'ection was appraised of the current situation and replied by reaffirming the statement that their investigation reflected that Mr. ~leader's activities were as a hobby and that he was not in violation of the zoning and was not operating a commer- cial operation. 'bn or ·about lg December 1972, Mr. Burner inspected the premises and found that the Jeep had been removed and that the Van remained in violation. Mr. Header was contacted and he stated that he was obtaining plates for the Van but this , would have to be after a title check was run by Vehicle Registration. On or about gl December 1972, Hr. ~leader come to the Eagle River office and ...._ ... informed Mr.. Burner he was having .problemslWith registration and title check. - at Vehicle Registration. He showed Hr. Burner receipts for parts and materials for the black Van. On or about 27 December 1972, ~4r. Burner again inspected the Header property at which time all vehicles present were licensed with .the. exception of the,- black Van . Mr. Burner inspected the property again on January 18, 1973 and February 13, 1973 at which times all vehicles present were licensed with the exception of the black Van. On or about 15 February lg73. Mr. Burner contacted )Irs. Hj~d. er who~ in, formed registration on the black Van in question and that registration should be received in two or three weeks. · It is the 'conclusion of this office that Yr.'Header has been in'violation ' of the Greater Anchorage Area Public ~(usinance Ordinance and that corrective action had been taken by this office. The accumulation of vehicles on this . property and the location of these vehicles presents an eye sore in the co,unity. However, the number of vehicles or the configuration of parking . ~no to C; P. J~dkins Page 5 . February 21, 1973 upon.this property, if not in violation of the Public Nuisance Ordinance, does not give this office the authority to preclude their presence. Mr. Header has inferred that at one time he did operate a commercial business from this location and upon this property. However, he now considers his activities a hobby. This contention has been investigated by the Department of Public Safety, Zoning Section and has been concurred with by the Department of Public Safety, Zoning Section. It is the opinion of this office that Header is clearly in violation of Items # 8 and 13 of the restrictive covenants of the Eagle River Heights North Subdivision. This Department does not have the authority to enforce subdivision restrictive covenants. Item # 18 of the restrictive covenants'for Eagle River Heights North Subdivision provides for enforcement. dd Restrictive Covenants EAGLE RIVER HEIGHTS - NORTH SUBDIVISION Restrictions on Real Property GLENN G. and MARY LOU BRIGGS, Eagle River, Alaska hereby certify that they are the sole owners of all'the real property in the EAGLE RIVER HEIGHTS - NORTH SUBDIVISION, located in Section 12, Township 14 North, Range 2 West, Seward Meridian, Alaska. As shown on Plat #69-29, recorded March 28, 1969: (A) Except the water distribution system serving the Subdivision ~%ich is wholly owned and operated by Bell Utilities under. Alaska Public Service Commission Permit No. 65. 1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building Shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling or one duplex not to exceed two (2) stories in height and a private garage for not more than two cars. 2. DWELLING COST, QUALITY & SIZE. No single family dwelling shall be permitted, on any lot which has an appraisal value of less than $30',000 or duplex residential dwelling wi~h an appraisal value of less than $%7,500 per unit based upon cost levels prevailing on the date of these covenants being recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these convenants are recorded at the minimum cost stated herein for the minimum per- mitred building size. The ground floor area of the main structure exclusive of one-story open porches, carports, and garage shall be not less than 1000 square feet for a one-story dwelling unit nor less than 1400 square feet for a dwelling of more than one story. 3. BUILDING LOCATION. No building shall be located on any lot nearer to the front line than 40 feet nor nearer to the side street l£ne than 20 feet or ~he minimum setback of existing building whichever is the greater distance. No building shall be located nearer th'an 12 feet to an interior lot line. In all cases when a side yard is used for a driveway, that side yard shall be not less than 14 feet wide. No dwelling shall be located on any interior lot nearer than 15 feet to the rear lot line. 4. TREES. No owner shall be permitted to. completely clear a lot on wh~-c/~standing trees of size and beauty exist. Space may be cleared to provide for construction, and trees may be thinned So long as maximum natural beauty and esthetio value of trees is re- tained. 5. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or Shrub planting which obstructs sight lines at elevations between 2 feet and 6 feet above the roadways' shall be placed or'permitted to remain on any corner lot within the triangular area formed by the street Property lines and a line connecting them at points 25 feet from the intersection of the street lines. The same ~ight-line limitations shall apply on any lot within 10 feet from the intersec- tion of a street property line with the edge of a driveway or alley pavement. - ,, 6. UTILITIES. Ail sewage disposal systems shall meet F.H.A. requirements and be accepted by the Greater Anchorage Area Borough Department. of Health. plans have. been submitted to it, ~pproval'~will not be required and the related covenants shall be deemed to have been fully complied with. 17. TERM. These convenants are to run with the land and shall be bln~. ~ng on all parties, and all persons claiming under them for a pe.riod of .fifteen (15) years from the date these covenants are ~recorded, after which time said convenants shall be automati- cally extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has 'been recorded, agreeing to change said convenants in whole or in part. 18. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 19. SEVERABILITY. Invalidation of any one of these conven- ants by judgement or court order shall in no wise affect any of the other provisions which shall-remain in full force and effect. WITNESS our hands and seals this day of .,1969. Glenn G. Briggs, Trustee of t~he "Mary Lou Briggs Revocable Trust" dated January 30, 1968 Mary Lou Briggs, Trustee of the "Glenn G. Briggs Revocable Trust" dated Januaxy 30, 1968 day of , 1969, STATE OF ~T,ASKA ) THIRD DISTRICT ) ss. THIS IS TO CERTIFY that on this before - me, the undersigned Notary public .duly commissioned and SW~rn,'Pe~Sonaily appeared GLENN G.'BRI'GGS and ~43%Ry LOU ~RIGGS, both known to me and to me known to be the persons named in and who executed the foregoing instrument; and they acknowledged to me that they signed the same freely and voluntarily, for the uses therein stated. WITNESS my hand and official seal. · 7. EASE ~TS. Easements for insta ~uion and maintenance of utilities~'and drainage facilities are reserved over ~ke rear I0 ' feet of each lot, on which no fence or building may be built nor vehicle parked. 8. NUISANCE. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No trade or business of any nature shall be permitted upon any residential lot. 9. LIVESTOCK. No animals or livestock of any kind shall b~ raised bred or kept on any lot, except that dogs, cats, or other noxTaal household pets may be kept, provided that they are not kept, bred, or maintained-for any commercial purpose, and provided that no more than one (1) dog of sled type breed may be maintained, and all dogs shall be restrained as necessary, to prevent their becoming nuisances~ 10. TEMPORARY STRUCTURES. No structure of a temporary nature trailer, tent, shack, quonset hut or barn shall be used on any lot at any time as a residence. 11.. PkVING AND SEWAGE SYSTEM. Every purchaser, their heirs, assigns.and successors in interest in the ownership of lots in this Subdivision agrees as a condition of purchase and sale that at such time as a majority of the Subdivision owners do'themselves or con- tract with any other person, firm, or association for the install- .ation of paving or for connection to a community Sewer system to serve the Subdivision that the owner or owners of each lot shall .be responsible to pay and will pay the pro-rate cost of such paving and sewer service. 12. GARBAGE DISPOSAL. No trash cans, garbage cans, trash barrels, boxes, or other refuse containers shall be placed or main- tained'on or along the side or end of any lot fronting upon, or ad- jacent to a street, with the exception that patrons of a garbage pickup service may place such containers bearing trash or garbage for pickup upon the end or side of the lot fronting upon the street on which the garbage pickup.on the day designated by ordinance, resolution .or contract for the pickup of garbage at such lot. No burning Of trash, garbage, refuse, or other-waste shall be permitted upon the street front, and/or side of any lot at any time, and such burning-~n-the rear of lots. shall be permitted only in accordance - with the appropriate health and safety laws or ordinances of the Greater Anchorage Area Borough. 13. INOPERabLE VEHICLES. No inoperable vehicle shall be parked or maintained upon any lot or with any street or alley, or easement, adjacent to any lot in the aforedescribed s~bdivision. A vehicle temporarily deadlined for repair by the'owner or under the owner's direction, for a period of not to exceed 30 days (sub- ject. to availability of parts,) shall not be considered a violation of this provision. 14. SNO$'~OBILES. Snowmobiles shall not be operated on the ~t=eets' or u~i'l£t~ ~as~ment~' ~ th~-'Sub~i~i~ion'except for inqress" and egress to-the nearest open space or to nearest areas not dis- approved for snowmobile operation. '15. MEMBERSHIP, ARCHITECTUR/LL CONTROL CO~TTEE. The arche- tectural Control Committee is composed'of Glenn G. Briggs, Mary Lou Briggs an~ Eric Johnson.. A majority of the co~mittee may designate a representative to act~for it. In the event a vacancy is created in the membership of the committee, the remaining members shall have full authority to designate a successor. 16. PROCEDURe, ARCHITECTURAL CONTROL CO~%~ITTEE. The con'-- mittee's'approval or disapproval as required in these convenant3 shall be in writing. In'the event the committee, or its designa'ted representatives, fails to approve or disapprove within 30 days after ! ~REATER ANC,HORAGE AREA B~R. OUGH - ,UTING SLIP Assessing idministration Attorney Director Borough Clerk Duplicating Collections Data Processing ~Eq ' PEP Finance Personnel 'Public Safety Plans and Programs Health Department Purchasing Planning Chairman's Office Public Works EXecutive Secretary Engineering Chairman Sewer Maintenance Staff Director Bering Shop City ~± AnChorage Sewer Treatment Credit U~io~ ATTENTION: ~~ Please Post L..~For your information For your files ~For your signature As you reouested I ~Ulease mail out Call me o~ this ~ ~For filing Review and Comment I {Per Reply directly to writer or caller Prepare reply for Borough Chairman's Signature ~EMARKS: ~ f/c~"f FROM: DATE: i)AN RENSHA~, P.E. 519 EIGHTt~: AVENUE. ROOM 209 September 19, 19?2 mr. i~obert Johnson Re6istered Land Surveyor ~ox L~56 Eagle River, Alaska Re: :Eagle i~iver heignts-Rorth Subd. Blocks Six and Seven Statement on Soils Dear ?'~r, Johnson~ During this past summer I witnessed the construction o£ waterline on Tonsina Court and Osnetna Circle, both of which are within platted portions of Eagle River heights- North Subdivision. The soi].s exposed were of variable quality with minor ground water being intersected. The ~itcnes were a minimum o£ 12 £eet deep from nominal ground surface. The ditch walls stood well for a period of time in excess o£ three days. The material exposed contiguous to lots 6, 7, 8, 12, and 1~, block six and lots 1, 2, 3, ~, 5, and 6, block seven is a poor to moderately sorted silty sand and gravel locally grading to momera~ely stratiffied sections with only minor silt. The gravel materials contain minor cobbles and the entire area is overlain by a two Yoot topsoil and organic rich zone. The material below t~e topsoil zone shows moderate to poor laterial anm vertical permeability with locally improved acqui£er onaracterist~ca w~ere strsti£ied a~d silt free. Average percolation rates that might 'be expected in this soil o~ a sustaJ_~ed basis would require a cesspool area rate of 1.5 gallon per square £oot per day. I recommen~ a cesspool sine area of 2o~ square feet (cesspool sine area o£ £ollowiag mime~sions: six feet deep by 12 feet square~ all below £rost level, either ~11 cesspool or peripheral bole back £illed with clean gravel.) 2'he material exposed contiguous to lots 9, 10, and 11~ block six is a poorly sortes and stratified silty ssna ~na 5rsw~l wit~ minor cob01es~ surfaced wit~ a two foot laminetion o£ top soil anm or~enics, i'he material Page 2 below the surface l0mination shows poor lateral and very poor vertical permeability which would yield poor percolation rates. ~veraMe percolation Shat mign~ be expected in this soil on a sustainea basis would require a cesspool area rate of 0.75 gallon per square foot per day. I recommend a cesspool side area of 553 square feet (cesspool peripheral hole back£illed with cle~n sravel with the approx, dimensions eight feet deep by 16.7 feot square.) Dan ti~nshaw M-([,-67) ALASK~._DEPARTMENT 01,' IIEAI,TII AND WEI,FARE DIVISION OF PUBLIC IIEALTll AP~.ACATION FOR ~'PIIOV~ OF Alaska Department of Health and Welfare Branch of Environmental Health Pouch H Juneau, Alaska 99801 ~kachoa?age ................... .9..9.501 .... City Zip Code 5..l_9...8..~h..4.v_e.,... Mailing Address .duly .5,...1~72 ................ : Application Date .............. aT.9..-..6.5.6a ......................... Business Telephoac No. (N'arae of project for which approval or plans Is requested) In accordance with Alaska Statutes, Title 18, "Health and safety", Chapter 05, Sec. 18.05.040, (11), (12), and rules and reg- ulations promulgated thereunder, we, E gle Rxver Heights Utilities Inc. herewith submit for your review and approval, with respect to SANITARY FEATURES, duplicate sets of complete plans for the proposed project described below. "Complete plans" shall be taken to mean General plans, Detailed plans and speci- fications, and a Project Report (Engineering or Architectural Report) including necessary data required for full understand- ing of SANITARY FEATURES of design· (Give eom. plete but brief description of project) with ~ate valves arid individual cop~er service connections t e · ncludea lo~ and 6 ~ cast ~.ron service to new school site. These plans were prepared by Dan Re~shaw P.E. ConSulting Engineer ~19 8th Ave. Anchors[se and by or under the direction ot the following Engineeris) or (Address) Architect(s) duly licensed to practice in Alaska: ..... _D..a_._n_~:i~..e. ;9._s__]~ _a.~.._..P__.._~.... ............. Civi 1 (~A~,Z) .......... '/~F/:"iS'F"i:¥J/~:~'~':-'~';,:ii:'"£i'&'i';::i~;'~:";'t-&5' ............ 1856 E . Certificate of Registration No. This p'roje, et is to be financed in the following n:anner: ' (List sources of funds and amounts). Sources or ~unds: Privat9 ' Total estimated cost of this project is $ ........ ,,5.0.t.0.QO ........................ ' These plans are being submitted to you at least one month prior to the contemplated date of advertising for bids (Date blds will be called) We understand that construction shall not be started until your final approval of these plaus has been received; that no revisions in the plans affecting the SANITARY FEATURES of the project may be made subsequent to receipt of your final approval unless such revisions be snbmitted and approved; that construction ;rill be carried out In accordance with the approved plans; and that unless consmiction on this project is started wRbin a two-year Period subsequent to your approval, such approval ;viii become void. ' Amounts: $...}..0..,...0...o..0. ............ ~(C~y. corporation, al'ira. Ind~lrhial, etc.) (Signed); .................... ~,::~.....: .......... (Official Title) DAN RENSHAW, P.E. 519 EIGHTH AVENUE, ROOM 209 ANCHORAGE, ALASKA 99501 July 5, 1972 Mr. Rolf Strickland R.S. Assistant Director Department of Environmental Quality Greater Anchorage Area Borough Pouch 6-650 Anchorage, Alaska, 99502 Dear Mr. Strickland, Eagle River Heights Utilities is currently having a new well drilled within their well reserve in_Ea_E~ River Heights-North Subdivision, Tract "A". The new b~-~'f'-i~-~IO "~-ah6-~t the time of writing has successfully penetrated the boulders that were the terminal barrier for the three other wells attempted at this site, and the casing shoe is currently in excess of 200 feet from the surface. So far no appreciable aquifers have been penetrated. I will keep you informed on developments regarding this new well. This letter is also a request for your department to approve the enclosed plans and specifications for construction of the 1972 Improvements to the Eagle River Heights Utilities Water System. In addition to servicing new additions to Eagle River ~eights-North and Meadow Brook Subdivisions, the new construction would service the Borough school site on Baranoff Avenue. Thank you. You=s truly// an e~shaw RECEIVED JUL '1 GREATER ANCHORAGE AREA BOROUGH 104 iq'est Northern Lights Boulevard Anchorage, Alaska 99S03 S- 2340 Plat Status: Preliminary Date: April 20, 1971 BOROUGH: Engineer alth Department ublic Works Depa'rtment Sand Lake Fire Department School District Street Names Tax Assessor Alaska Department of Highways Alaska Railroad Anchorage Natural Gas Corp. Central Alaska Utilities Chusach Electric Association Alaska Department of Fish & Game Re: Subdivision / CITY OF ANCHORAGS: Fire Marshal M~icipal Light ~ Power Department Property Nanagement Officer Public IVorks Department Telephone Utility Traffic £ngineer l~ater Utility GAB Telecomunlcations, Inc. Matanuska ~lectric Association ~fatanuska T~lephone Association Assistant Superintendent of Ma~l~ Description of Property: Eagle River. Heights Nortk, Blocks 5 - 11 (~ner: Dale & Glenn Briggs Gentlemen: Petition bas been received by the Greater Anchorage Area Borough Planning and Zoning Commission for the proposed Subd.%v%s~oa of subject property. Attac~.ed is a cop), of the proposed plat. ~ill you please submit your co~nent~ im writing, specifying any easements or other requirements that your depart- me~t or agency may need. If we do not hear from you by.. 5/7/71 , we will assume that you do not wish to submit any comm~ents.' If you have no further use for thc attached print, please return it with your comments. Planning Department Enciosure On preliminary plats, show ONLY existing easements and existing facilities. If you anitcipate difficulty in serving this site, please comment but do not outline additional requested easements at this time. Apr11 19, 197~ Federal Hous~nq ~d~Jnfst?at~o. [Sox ~97 Anchorage, Alask~ gg~l Sub.t~ct: ~o¢;; ~ E~tver Heights nc,~t: feasibility o~ ~n-~tte S,:we~s t'is ":fmc, It. i:; a,,~ici~'~t,r,,i t'::~t t~is ~r, ~ "'! ' ' ~.,rv, ' ~'i'-" ='-~tc wit:~i,, t..;,, or t~'r~' ,, '~r:~ ,",' v', T~t has h~:" .~ur ,~xncrio'~c- ~' ~- nr 10t ''sI John ~. Lee, R.S. fi~::ia~ Env1~'onme'~*al- Srnfl]list A~r~l 1Z, 1972 ~x a~ Anthorage, Alaska 99~1 Pub]t¢ ~ewmr and Nater ~or ~lk 5, £aole R{ver Hts. Brlggs System - ' - -- Publtc Sewer and WatPr For ~1~ !,3. ~ 3, ~e~dow Rrook Suhdtvts4on -Rrt~qs Utilities whlc~ ~$ a water su~nly an~rcv~ ~,~ r~f~ ~nna~tment. a~t¢c¢.ated that It w!lT be several years unttl t* ~11 · or ~n-stte sewaoe dtsr¢,sal a~d s~ould function satisfactorily until nubltc sewer ts ~vaitablr as lonq as t~ev are constructed in accordance with an~lic)ble Borough Requlations. Stncrrelv, John P Lee, E c Senior ~nvfron~entat ~cialt~t ~ t U.ILJI,U t ~ ~ II1~1111 o* *.. IIIIII ~ °~a ~ OFFICE OF THE DIRECTOR DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL HOUSING ADMINISTRATION MAR 28 March 2, 1971 Federal liousing Administration P.O. 5ox 480 Aachorage, Alaska 99501 SUBJECT: Sewer Systems for Lots 5 through $, Block 3 and Lots i through 13, Block 4, Eagle River Heights North Subdivision Oear Sirs: The subject lots hav~ been given a soil percolation value of 100 square feet per 1)odroo~. The sewer systems will be constructed accordi~lg to Borough Sewage Disposal Ordinance No. 25-65 aid will be designed and iastalled by ~r. Ed Tuck of Eagle River. ~tr. Tuck has been licensed to design individual on-site sewer systems by this office and will design and install tile subject systems. The sewer systems will be inspected prior to backfill by this Department. Sincerely, John K. Lee, R.S. Sanitarian March Veterans Admtnfstratfon P.O. 8ox 1399 Anchorage, Alaska 99507 Suad£Cr: Availability of Publlc Sewer to EaSe ~lver ~elghts Subdivision and Eagle ~tver ~el~hts ~ntle~n:fl°rrb Subdivision; Eagle R~ver, alaska Th~s letter ls to advise that publtc sewers a~ not available ~s~:~f~u[~ra~b~?~e~t'es tn the Eagle R, ver area. Moreover, u~v~Slons ~st probabl~ ~111 not have Public se~ers untO] 1974 or 1~75. The closest publtc sewers a~ In ~chorage, a dtstance of apProxfmate]y 12 m~les. Zt ts not economically feas~b]e to const~ct publtc or co.arty sewerage systems for the subdect property at th~s tt~. S~ncerely, Roll R. Strlckland, R.S. Envf ronmenta! Hea] th Supee~er rn February Zl, 1971 Veterans Administration P.O. 8ox 1399 Anchorage, Alaska.g9501 SUBJECT: Availability of Public Sewer to Ea§le River Hetgnts Subdivision and Eagle River Heights North Subdivision; Eagle River, Alaska ~ent lel~n: This letter is to advise that public sewers are not avatlbble, presently, to any properties in the Eagle )~iver area. ~reover, the particular subdivisions most probably will not have public sewers until 1974 or 1975. The closest public sewers are in Anchorage, a distance of approxt~ately 12 miles. Sincerely, Roll R. Strtckland, R.S. Envtrom~ental Health Supervisor DAN RENSHAW P.E. A PROFESSIONAL ENGINEERING CORPORATION January 20, 19'/1 hr. Roll E. Strickiand R. S. Environmental health Supervimor G~A~, Health Department 327 Eagle Street Anchorage, 99501 Re: Eagle River heights-~4orth Subdivision, Well Location Dear i~r. Strickland, JAN 21 1§7% A ~ketch i~ attached to thim letter that more completely locate~ the semi-public well which currently merve~ tna~ portion of Eagle River ~eig~t~-Rorth Subdivimion that wa~ conmtructed during the ~ummer of 1970. The memi-public well location is shown on the attached Anchorage (b7) Alaska USGS quadrangle which further indicates the remote location of the well. The clome~t ~ource o£ contamination to the well up gradient would be in excemm of 500 feet: a mingle family remidence due east, on the east ~ime o£ ~agle River Loop Road. The next closest possible source o£ contamination would be Meadow Greek, which to the be~t o£ my knowledge im not currently contaminated. The lanm north of Eagle River Heightm-Nortn Subdivision, ~outh of ~eadow Creek and west of Eagle River Loop Road i~ owned by the briggs family, i~ currently un~ubdivided and wa~e dispomal im~itner contemp!ate~ nor ~xi~t~ng ~itnin this area. Yo~ruly, Dan Rensh~w i '¢:q 5-,"[ r~ ~. 3C / 29 28 < ~ _.._- <:~--,~:,.~,, _V~- ,: -- -/ / .,o- . ,' / - 61"15' , ~ ' ' i49.3T30 570 uno FFET 35 Mappeo e6 tee one ouo ~snee ay the Geologlca Survey Control a~ USC&GS aaa USCE taken 1950, 1953 and 1957,1ie~d annotated t960 Nap not field checked SeLected hydrograph;c data compiled from USC&GS Chart 8553 (1194,154 scale,1960) Th[slnformaboa~snotintended 10.000 foot gr d aased on ALaska coordinate system, zone 4 Land Management. Folios S-13 aad S.14, Seward ~ridlan 30' IANOHORA SCALE CONTOJR IN1 [OR S~LF BY U.S. FAIRBANKS, ALASKA DENVER 2.~ December 24, 1970 i~r. O~n Renshaw, P.E. S19 - 8th Ave., Room 209 AncI~ora,ee, Alaska 99501 SUBJECT: Eagle Iliver tieiEnts North Subdivision, 1970 ;Vater Extensions Dear ~lr. Renshaw: ire are in receipt of the letter of review from the State engineers regarding the subject project. lhe plans are approved except for thc last statement in ~r. 5ritt'e letter which addresses itself specifically to as-built conditions of the well, well house and its location. ~e would appreciate yoa answering this ~articular ~aatter at your earliest convenience. Sincere ly, Roll R. Strickland, R.S. Environmental ftealth Supervisor / Division of Environmental Health Pouch H Juneau 9980q ~0~1~' December 21, 1970 Mr. Rolf R. Strickland, R.S. Environmental Health Supervisor GAAB Health Department PO Box 968 Anchorage, Alaska 99501 Dear Mr. Strickland: Re: GAAB - Eagle River Heights, North Sub- division. Glenn Briggs 1970 Water Extensions. This refers to the plans (3) forwarded to this office by your memorandum of 23 November 1970. Also forwarded was Mr. Dan Renshaw's forwarding letter to you dated 18 November 1970 and a sketch-plan titled "Plan at Well House," 11/17/70. The plans were labled "as- built." The plans are approved for those features with which this Department is concerned. The well and well house as shown on the sketch-plan are of interest but lack the details (mostly, what is in the vicinity) necessary for our evaluation. Sincerely yours, Richard H. Britt, Sanitary Engineer Division of Environmental Health bj cc: K. Cherry D. Renshaw DEPARTMENT OF HEALTH & WELFARE December 18, 1970 ., William A. Egan, Governor DIVISION OF ENVIRONMENTAL HEALTH l/ POUCH H -- JUNEAU P9801 DEC 2~ Mr. Rolf Strickland, R. S. Bnviror~nental Health Supervisor Greater Anchorage Area Borough Health Department P. O. Box 968 Anchorage, Alaska 99501 Dear Mr. Strickland: Re: Heights'North Subdivision; 1969 & 1970 Water Extensions, As-builts This refers to the subject plans forwarded to our Anchorage office by your memorandum of 18 November 1970, thence to us with arrival on 20 November 1970. Also received was Mr. R. W. Kranich's (of Dickinson-Oswald & Partners) forwarding letter to you dated 16 November 1970. Plan "Bell Utilities 1969 Water Extentions, Eagle River Heights - North Subdivision 4/30/69, rev. 11/16/70", sheet 2/4 showed the disconnection of well B #2 from the water system. Plans 1 to 3 were "Eagle River Valley Ranchettes Subdivision, 1970 Water Extensions, Bell Utili.ties & Development Inc.'% were dated 6/11,10,24/70, revised 11/16/70. The approval of the original plans was made by our letter of 20 July 1970. We have no comments or objections to these as-built plans. They are approved for those features with~which this Department is concerned. Sincerely yours, Richard H. Britt, Sanitary Engineer Division of Environmental Health sl CC: Dickinson & Oswald Kyle Cherry GRE. ER ANCHORAGE AREA BO ~UGH HEALTH DEPARTMENT 327 EAGLE STREET · P. O. BOX 968 · ANCHORAGE, ALASKA 99501 DATE: NOV. 2:~, 1970 FROM: Roll R. Strickland, R.S. Envirormental Health Supervisor TO: Kyle Cherry, Reg. San. Eng. Environmental Health, Anchorage SUBJECT: Eagle River Heights North Subdivision, As-builts (Ban Renshaw) Transmitted herewith for your review and co~aents is one set o£ llJlbutlts for the subject project. Your approval is recommnded. USE THIS FORM FOR YOUR REPLY ' · ' o · o DATE: GRE 'ER ANCHORAGE AREA BO )UGH HEALTH DEPARTMENT 327 EAGLE STREET · P. O. BOX 968 * ANCHORAGE, ALASKA 99501 FROM: ROI£ R. Stricklamd~ Eavirmmental H~nlth Supervisor TO: K~le Che~ Reg. ~n, Trnnittst lmr~with for your revie~ m~i cost.ars &ts the as-builts for the subject project. Your approval is recommnded. ®' "'' ' ' * · * " * · USE THIS FORM FOR YOUR REPLY DAN RENSHAW P.E. ~ovember 18, 1970 Mr. kolf Strickland R. $. Environmental Supervisor Health Department Greater Anchorage Area oo~ough 527 Ea61e Street Ancnorege, Alamka Re: Glenn ~riggm hater Symtem Ea~le Eiver heights-~orth Subd. Dear ~olf, I cez'tify that the referenced project ~am been completed at mhown on the attached copie~ o£ project am built drawingm. I nave witnemsed both line c~lorination and prem~ure temting completed to my ~ati~faction. Due to extreme ~ell ~rilling dif£ic~ltiem, drill±ng of ~he ~"~ well ham ~een $~mpended at -55 ~eet (TD), an~ ~emporarily completed for production. Tnim ~ell will be producing £rom perform~ion~ at -51 £ee~ at a rate a~eq~ate to mupply lO ~i~gle femily ~oumem tnim winter. Though the well im mnallow there are no improvementm within meveral hundred feet beyond the normal 200 foot protective well radium. Though the well noume im temporary it ~am been well conmtructed and inmulated, and all plumbing fixture~ are i'irmt Guality in material an~ wor~msnmhip. During ~he winter a new well will ~e attempted near the prement facilitiem in an attempt to reach a highly productiwe deep zone. ! mhall keep you in£ormed o£ contznuing development~. I request ~hat you review the attached and the £~cil£~ie~ at t~e ~ite end approve the weber ~y~em ~or ~ermanen~ ume an~ the ~ell and well ~ouse for temporary uze. Dart DEPARTMENT OF HEALTH & WELFARE Division of E?~Tironmental Health JUL 22 1970 July 20, 1970 KEITH H. MILLER, GOVERNOR Mr. Rolf R. Strickland, R.S. Environmental Health Supervisor GAAB Health Department P.O. Box 968 Anchorage, Alaska 99501 Dear Mr. Strickland: Re: GAAB - Eagle River Heights, North Subdivision, Glenn Briggs 1970 Water Extensions. Plans, specifications and Application for Approval of Plans for this project were forwarded to this office for our re- view. The plans and specifications are approved for those features with which we are concerned. Sincerely yours, Richard H. Britt, Sanitary Engineer Division of Environmental Health RHB:bj cc: D. Renshaw GRE~ F.R ANCHORAGE AREA BOi UGH HEALTH DEPARTMENT 327 EAGLE STREET · P. O. BOX 968 · ANCHORAGE, ALASKA 99501 DATE: ~uly 13t 1970 FROM: Roi. i: R. $i~,tckland, R.$. TO: R.H. B~t~, S~t~ ~n~n~nt~ Heath, SUBJECT: ~ Bri~ W~ sys~ p~a oh~- ~t~ supply ~o ~i~ 1970 ~o E~le ~ver ~t~s~h ~v~lon (~n ~s~, P.E.) ~mitt~ he~i~h f~ ~ ~view ~ ~ts ~ ~ set of pl~s ~d ~ia~ed ~n~s ~ t~ s~l~t p~l~t. ~ app~ ts ~~d. RRS: sh DAN REI~S~IAW P.E. A PROFESSIONAL ENGINEERING CORPORATION ~19 EIGHTH AVENUE, ROOM ?.09 ANCHORAGE, ALASKA 9950] July 15, 1970 Health Department Greater Anchorage Area Borough 527 Eagle St. Anchorage, Alaska Re: Glenn Briggs water system plan check Dear Sir, Enclosed are the following: State "Application for approval of plans" (2) Plans for the referenced project (2 sets) Technical specifications for the project (1 set) The system shown is complete except for details regarding source. The source will be a deep well located near the intersection of Colville ST. and Eagle River Loop Road. Details regarding the well, well house and related facilities will be submitted as soon as the well has been drilled and testem for production capabilities. We will try for at least 120 gpm which will provide domestic supply for 150 residential lots. If more water is obtainable additional pumping capacity and storeage will be provided. Your remarks re6~rding this project would be appreciated. ..//s truly ~ / Dan Rensnaw Location Source C*$ed to (ft) UNITED STATES DEPARTMENT OF TfiE INTERIOR GEOLOGICAL SURVEY WATER ANALYSIS Date drilled __ Owner ._ Ps, in.tzof colt. DeP~1~.,,..q:L) Diam (in.) 2GW Use-'pu~ollb ¢ Trcatment WBF e'°=~""~' --P~:'~("L ¢'" ___ WL ~ '_~ Y,eld Temp ('F) Appear, when coll. c~ Collected By ..................... Remarks .Silicg (S!O2) 11 Bicarbonate (HCO3) J ...... .Aluminum (Al) C~bonate (CO3) J O0 ~ 0.60 (fe) mOO Chloride (C1) ~ J Fluoride (F) , c~ 0,~ : 0,0~ Calcium (C~.) la O. g8 ~, M~gnc~ium (Mg) 11 0,90 Nitrate (NO3) ~ ~ 0.7 ~ 0,01 I i 0.03 t Total j 2.C0 Total , 2.C3 Dis colved ~olid~. C~Ic~IGto,:I ~pec {t%c~,duct ance (micromhos at 25° C) 190 pH 8.2 Color 0 A].h ~ C-"Co3 ,,,'/ '7;3 Lab. No. Col lg205 Field No. Project 1970 Pouch H Juneau, Alaska 99801 In accordance with the request off your letter of Feb. 1970, we are enclosing a copy of the chemical analys£s of If further fnformetioa is required for your approval. please advise. R,W. Kmanlch. RWK=ow cc/ M~, Dan Bell ~ox £atle River, Alaska Mr. C.P. JudklnsL// GAAB Health Dept. 327 Ea~le St. Anchorages Alaska -,X. XXXXXX.1:xXXX XX OlVI$lf~ OF £WtIlt~N~NT~L ~IE~'I'X Febr~r~ ~? 1~70 ReCeeeace ts ~ade to your letter of ~ 3an~r~ 1370 of our 8 3~ 1970 let~r ~ ~, a~ ~ht~ ~~ a ~f~l a~l~Js of ~ 1~4 f~ ~11 t L a~ c~t~ of b~ eas~tS for ~11s ~ ~ts a~ ~JctJ~s f~ ~11 a~e~ ~a~ ~t~ s~ f~ ~11 ~ 2 stye ~Y a~ d~Jng f~ ~ s~ a~Jf~ Mt vJgl~ I~ra~. ~ ~tll ~J. t~ ~etent of ~11 ~ S for ~ ~Js ~r~nt (~ ~t~tJon f~ a~ of R, ~, a~ C a~ ~ttsfac~. ~ ts~ ~en ~1~ ~ ~tter of ~ ~rt~al a~lysts cc: ~:. la. ,ludktns ~. ~11 January 20~ 1970 Pouch H June&u, Alaska 99801 Ret Eagle River ~olfhts North Subd. 1969 Water Extensions In reply to your letter of Janu~y 8s 19700 we offer As With ~ogsrda to sources of conccntrst®d are copies of the nell reserve easement documents for 170 feet + distant from well S#5 and p~odu¢ing from the same aquifer. There should be negligible difference in the chemical nature of the water ~rom ~he two wells. If we may bo further assistance, please advise. Vary truly yours, DICKInSOn-OSWALD I A$SOC, R.~o Kranlch, P.E. cc/ Dan Sell GAAS ~eslth Dept. Attn. Hr. Cliff Judkins ~'~' GRE, ER ANCHORAGE AREA BO. ,UGH HEALTH DEPARTMENT 327 EAGLE STREET * P. O. BOX 968 · ANCHORAGE, ALASKA 99501 DATE: Jan. 19, 1970 FROM: Clifford P. Judkins, R.S. Administrative Director TO: R.H. Britt, Sanitary Engineer Enviror~ental [~alth, Juneau SUBJEcT:Eagle River H~i~tts Nort~ Subdivision, 1969 ~ater Extensions - GAAB I have received a copy of your memorand~n of January 8, 1970 concerning the subject project along with yonr attached hand ~rritten note. First in response to the note. Subject to your concurrence, we have agreed to allow this well to remain in existance, provided that it is adequately capped and is ccmpletely dis- connected from service. The reason for this agreement is as follows: considering the ~ell log and other information applicable to sub-strata in the area, it does not appear that the one sewage disposal system, which is located within the protective radius of the well, will cause the well to beccme contaminated. ~e past records of the well have not shown any con- tamination. The sewer system involved is an adequate sized septic ta~k and two seepage pits. Sufficient vol~nes of potable water are difficult to obtain in the Eagle River area and the owners of the Bell Utilities Company are developing long rmage plans to eventually serve a population of S to 10,000 people in this area. Frcm a supply standpoint, the B#1 well is considered acceptiomal, comparatively speaking. It would s~cm, t~at within the next two (2) years, p~bli¢ se~ers will be available in this area and it is our hopes that following proper sampling and investigation of the B#2 well, it coald be placed back in service at some time after public sewers are provided and the encroaching on-site sewer syste~ has been eliminated. Concerning your January 8, 1970 memoranckm to ~Wr. Kranich of Dickinson-Oswald. In reply to qnestion A. I am sure you will receive certified proof from Mr. Kranich. I can advise you, at this time, that there are no sources of contmnd~ation within the 200' radius of the B#S well. This has been confirmed by our staff by on-site inspection. In reply to question B. ~e have not received a chemical analysis of the water supply of the B#S well. Hopefully, Dickinson-Oswald can provide one. The problem that usually occurs here, especially at this ti~e of the y~ar, is that the private laboratories that are equipped to do chemical analysis of the water, close down in the winter and as you are aware, there is no public facility available at this time to provide such services. CPJ: m USE THIS FORM FOR YOUR REPLY JwzT' 8~ 1970 ~r. Robert #. Eranich, PE Otckinson-Omml~ ~ Associates BO0 Corde~a Street lex 326 Anchoral~e, Atnslm G~AB,Eagle River Heights, ~orth ~d~division, 1969 ~ater Extensions. Our initial introduction to this p~ject vms ~ith rmc~i~ of plans and darn for~ard~ by ~'. C. P. Jmfltins of tl~ GP~B lkmlth Depn~ in ~y 1969. Our letter of ZO ~ay to ymrr offtc~ then follmmd in ~hich ~ ~pr~ssed our concern m d/stanc~ £zum Me11 BZ to a smptic tank and le~ching pits. are: a) Are ~ ~ of cmcantrat~ amtaminntien (s~pttc tanks, smelmS~ pits, etc.) ~ithin ~ ~11 ~? ~s ~s ~ ~ ~ ~t~ ~s cc~. P.Judldns, CAAB analysis of the ~at~rr of l~ell aS? Sincerely, Richard H. Sritt, Sanitary Ealtneet Branch of invirmmenta] l~mlth GREATER ANCHORAGE ArEA BOrOUGh HEALTH DEPARTMENT :327 EAGLE STREET · P.O. SOX ANCHORAGE, ALASKA PHONE 279-25! I C~fir~:i~. my ~l~rsati~ ef ~;~¢¢~¢r I~, 1~9 with ~r. Jim ~, ~hi, effi~ ~ill ~C~ri~ m~ ~t~ti~ ~f ~ to ~m ~ ~<li~, cc: ~1 J~ta~t~ i~l C, ~ell ~inistrativ¢ ~r~ci;or AIR MAIL TO ALASKA IS FASTER GREATEr ANCHORAGE ArEA BorOUGH HEALTH DEPARTMi~NT 327 EAGLE STREET · P.O. SOX 968 ANCHORAGE, ALASKA 99501 PHONE 272-6467 AIR MAIL TO ALASKA IS FASTER Karl S. Jd~ :~ Nov. 14, 19o~ Page Two Please be a~ised t~'~at t~e Alaska Administrative Coc~ requires su~aissi~ of engit~aering drawings and ot2~er data, by a i;ro- fessional engineer, reg?istered in fi~e State of Alaska, prior to any construction or ~l~lification of a p~blic water supply syst~. Please advise us as to when the Eagle River i~i~ts North Sub- division is b~ing served by the al)proved Ea~le River Subdivision well as we have a ntm~ber ef cases l.~nding that volve this Subdivision. Sincerely, OAVID R. L. DUNCAN, ~I.D. ~'4edical Director CPJ:r~ cc: Sheila Gallagaer Boro~ Attorney Ftderal ;,lousing Administration Dan C. Bell Hammmtd q Coryell ti. Russell Holland Public Servic~ Co~nissim~ BY: Cli'f£ord P. Oudklns, ~;' S' Environmental l-~alth Director GREATER ANCHORAGE AREA BOROUGh H ~'AI. TH DE:PARTMENT 327 EAGLE STREET · P. O. Il}OX 9EE ANCHORAGE, ALASKA 991501 ,'HONE ~:2~-2SII 1399 SUBJECT~ V~te~ Sapply ~o ~ Thio Departaent has noticed a oet,'tatn ~o,,rat oP mis~e~t~diuf ~ i~ appro~d ~i' th[~ ~pa~en~ F~' any f~her c~r!~i~ti~, plebe ~I ~his ~,n~ !F, DAVID R, Envl~o~enta 1 Re/lth AIR MAIL TO ALASKA IS FASTER Minimum Requirements for Private Ground Water Supply Systems In accordance with paragraph 3.1, Section 3 of Greater Anchorage Area Borough Ordinance , an ordinance governing private ground water supply system, the following requirements apply: 1. Locations of wells: Minimum distance requirements as reflected in the Alaska Administrative Code, Title 7, Division 1, Chapter 2, Subchapter 1, Water Supply, will be strictly adhered to. Wells shall be placed on the lots so that the required well distance can be met upon development of the lot. 2. Minimum depth: Wells will be drilled to a depth necessary to penetrate an impervious layer by a minimum of five (5) feet, and cased with unperforated pipe to this depth or a minimum depth of fifty (50) feet if an impermeable strata is not reached above fifty (50) feet. 3. Well casin~: Ail casing installed will be of steel in new or like new condition, being free of pits or breaks, or of the material best suited for this purpose which is available through the highest state of modern technology. minimum specifications: Such casing shall meet the following Nominal Outside Wall Size Diameter Thickness A. 4" 4 . 50" . 237" B. 5" 5.50" . 244" C. 6" 6.62" . 245" D. Ail casing greater than the nominal size of six (6) inches shall have a wall thickness of at least .250". EAGLE RIVER HEIGHTS NORTH 1969 WATER EXTENSIONS BELL UTILITIES PREPARED BY DICKINSON-OSWALD AND ASSOCIATES PART STANDARD GENERAL CONDITIONS O F THE CONSTRUCTION CONTRACT PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a functional section of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS 1967 !~ATIONAL SOCIETY OF PROFESSIONAL ENGINEEI~S 2029 K STREET, N.W., WASHINGTON, D. C. 20006 NSPE 1910-8 (1967 Edition) 10M A r~ivle Number ! 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 27 28 29 3O 31 32 33 34 37 38 39 4O 41 42 PART ]Z TABLE OF CONTENTS Title Definitions Award, Execution of Documents, Delivery of Bonds, etc. Progress and Submission Schedules; Preconstruction Confer- ence; Time of Starting the Work Correlation,' Interpretation and Intent of Contract Documents Ownership and Copies of Documents; Record Documents Work by Others Subcontracts Materials, Equipment and Labor; Substitute Material or Equip- ment Patent Fees and Royalties Permits, Laws, Taxes and Regulations Availability of Lands; Physical and Subsurface Conditions; Reference Points Use of Premises Engineer's Status During Construction Engineer's Interpretations and Decisions Shop Drawings and Samples Tests and Inspections Contractor's Supervision and Superintendence Safety and Protection; Emergencies Access to the Work; Uncovering Finished Work Changes in the Work Chan~e of Contract Price Cash Allowances Change of the Contract Time Neglected Work Warranty and Guarantee; Correction, Removal or Acceptance of Defective Work Applications for Progress Payments Approval of Payments Substantial Completion Partial Utilization Final Payment Waivers of Claims and Continuing Obligations Indemnification Contract Bonds Contractor's Liability Insurance Owner's Liability Insurance ~ DELETED Cleaning up Owner's Right to Stop or Suspend Work Owner's Right to Terminate Contractor's Right to Stop Work or Terminate Arbitration Miscellaneous -- PART 'rr INDEX TO GENERAL CONDITIONS Article or Paragraph Number Access to Work 19.1 Arbitration 41 Award of Contract 2 Bonds--Contract 33 Bonds--Delivery of 2.3 Cash Allowances 22 Change Orders-Issue 20.1 Change Orders--Value 20.3 Changes--Minor 20.2 Cleaning up 37 Codes--Compliance with 10.2 Codes--Safety 18 Conference--Preconstruction 3 Contract Bonds 33 Contract Price Change of 21 Contract Time--Change of 23 Contract Time--Commencement of 3.5 Correction of Defective Work 25 Definitions 1 Documents--Copies of 5 Documents--Execution of 2 Documents--Intent, Correlation and Interpretation of 4 Documents--Ownership of 5.1 Documents--Record Drawings 5.3 Emergencies 18 Engineer--Interpretations 14 Engineer--Status 13 Equipment--Defects in 25.1 Equipment--Guarantee of 25 Equipment--Obligation to Furnish 8.1 Equipment--Protection of 18 Equipment--Quality of 8.2 Equipment--Storage of 12.1 Indemnification 32 Inspections 16 Insurance--Contractor's Liability 34 ..................... DELETED ~ Insuran~;--Ow~;r';' Liability 35 Labor--Defects in 24 Labor--Guarantee of 25 Labor--Obligation to Furnish 8.1 Labor--Protection of 18 Lands--Availability of 11.1 Lands--Familiarity with 11.2 Lands--Physical Condition of 11.3 Laws--Compliance with 10.2 Laws--Safety 18 Materials--Defects in 25.1 Materials--Guarantee of 25 Materials--Obligation to Furnish 8.1 Materials-Protection of Materials---Quality of Materials--Storage of Neglected Work Notice--Giving of · Notice to Proceed Partial Utilization Patent Rights Payments Applications for Payments--Approval Payments--Final Permits Protection of Property and Facilities Reference Points Regulations--Compliance with Regulations--Safety Royalties Safety Samples Schedules--Progress and Submission Schedul~of Values Separate Contracts Shop Drawings Starting the Work Stopping Work--By Owner Subcontracts Substitute Material or Equipment Substantial Completion Subsurface Conditions Superintendence Supervision Suspension of Work Taxes Techniques and Sequences of Construction Termination--By Contractor Termination--By Owner Tests Uncovering Finished Work Use of Premises Waiver o£ Claims Warranty and Guarantee Work by Others 18 8.2 12.1 24 42.1 3.4 29 9 26 27 3O 10.1 18.1 11.4 10.2 18 9 18 15.2 3 26.1 6 15.1 3.4 38.1 7 8.3 28 11.3 17 17 38.2 10.3 13.1 17.1 21.1 4O 39 16 19.2 12 31 25 6 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: Ag~,eement~The written agreement between the OWNER and the CONTRACTOR covering the Work to be performed, including the CONTRAC- TOR's Bid and the Bonds. Application for Pa~ment--The form furnished by the ENGINEER which is to be used by the CON- TRACTOR in requesting progress payments and which is to include the schedule of values required by paragraph 26.1 and an affidavit of the CON- TRACTOR that progress payments theretefore received from the OWNER on account of the Work have been applied by the CONTRACTOR to dis- charge in full all of the CONTRACTOR's obliga- tions incurred in connection with the Work covered by all prior Applications for Payment. B/d---The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bidder--Any person, firm or corporation submit- ting a Bid for the Work BondzBBid, perf.orraance and payment bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the Contract Documents. Change Order--A 'written order to the CON- TRACTOR signed by the OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. Contract Documents~--The Agreement, Specifica- tions, Drawings, Addenda (whether issued prior to opening of bids or execution of the Agreement) and Modifications. Contract PriceBThe total moneys payable to the CONTRACTOR under the Contract Documents. Contract Time--The number of calendar days stated in the Agreement for the completion of the Work. CONTRACTOR~The person, firm or corporation with whom the OWNER has executed the Agree- ment. Drawings,The drawings and plans which show the character and scope of the Work to be per- formed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents. ENGINEER--The person, firm or corporation named as such in the Agreement. Field Order--A written order issued by the EN- GINEER which clarifies or interprets the tract Documents in accordance with paragraph 14.1 or orders minor changes in the Work in ac- cordance with paragraph 20.2. Modification---(a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or inter- pretation issued by the ENGINEER in accordance with paragraph 14.1 or (d) a written order for a minor change or alteration in the work issued by the ENGINEER pursuant to paragraph 20.2. A Modification may only be issued after execution of the Agreement.. OWNER~A public body or authority, corpora- tion, association, partnership, or individual for whom the Work is to be performed. Project--The entire construction to be performed as provided in the Contract Documents. Project Representative--The authorized repre- sentative of the ENGINEER who is assigned to the Project or any parts thereof. Shop Drawings--All drawings, diagrams, illustra- tions, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcon- tractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work. Specifications--The Instructions to Bidders, these General Conditions, the Special Conditions and the Technical Provisions. Subcontractor--An individual, firm or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the perform- ance of a part of the Work at the site. Substantial Completion--The date as certified by the ENGINEER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Docu- ments, so that the Project or specified part can be utilized for the purposes for which it was in- tended; or if there be no such certification, the date when final payment is due in accordance with paragraph 30,3. Work--Any and all obligations, duties and respon- sibilities necessary to the successful completion of the Project assigned to or undertaken by the CON- TRACTOR under the Contract Documents, includ- lng the furnishing of all labor, materials, equip- ment and other incidentals. ~LN~IHFID0(I ,LDV~t,LNOD ~IO ,I,N~t,T, NI (/NV NOI,L H~IOPA ~IH& DIqI&~IV,T,S ~I0 ~IaII& '. ~IDN~I~INOD NOLL 'Ofl~I&SNOD~{~IcI : SS~IflCI~{HDS NOISSII~I~flS CINV ~S~IDO~c~--~ 5{~IDI£~V 'O&~I 'S(INOE fications the order of precedence shall be as fol- lows: Special Conditions, InStruction to Bidders, General Conditions, Technical Provisions. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may rea- sonably be inferred from the Specifications or Drawings as being required to produce the in- tended result shall be supplied whether or not it is specifically called for. Work, materials or equip- ment described in words which'so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. The CONTRACTOR assumes full responsibility for having familiarized himself with the nature and extent of the Contract Documents, Work, locality, and local conditions that may in any manner affect the Work to be done. ARTICLE 5---OWNERSHIP AND COPIES OF DOCUMENTS; RECORD DOCUMENTS 5.1. All Specifications, Drawings and copies thereof furnished by the ENGINEER shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the ex- ecution of the Agreement, shall be returned to him on request upon completion of the Project. 5.2. The OWNER will furnish to the CON- TRACTOR up to 6 copies of the Specifications' and Drawings as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduc- tion. 5.3. The CONTRACTOR will keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the ENGINEER and shall be deliv- ered to him for the OWNER upon completion of the Project. ARTICLE 6---WORK BY OTHERS 6.1. The OWNER may perform additional work related to the Project by himself, or he may let other direct contracts therefor which shall con- tain General Conditions similar to these. The CONTRACTOR will afford the other contractors who are parties to such direct contracts (or the OWNER, if he is performing the additional work himself), reasonable opportunity for the introduc- tion and storage of materials and equipment and the sxecution of work, and shall properly connect and coordinate his Work with theirs. 6.2. If any part of the CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor (or the OWNER), the CONTRACTOR will inspect and promptly report to the ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an accept- ance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work. 6.3. The CONTRACTOR will do all cutting, fitting and patching of his. Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. The CONTRACTOR will not endan- get any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the ENGINEER. 6.4. If the performance of additional work by other contractors or the OWNER is not noted in the Contract Documents prior to the award of the contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional work. If the CONTRACTOR believes that the performance of such additional work by the OWNER or others involves him in additional expense or entitles him to an extension of the Con- tract Time, he may make a claim therefor as pro- vided in Articles 21 and 28. ARTICLE 7--SUBCONTRACTS 7.1. Prior to the execution and delivery of the Agreement, the successful Bidder will submit to the OWNER and the ENGINEER for acceptance a list of the names of. Subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabri- cated to a special design) proposed for those por- tions of the Work as to which the identity of the Subcontractors and other persons and organiza- tions must be submitted as specified in the Con- tract Documents. Prior to the execution and de- livery of the Agreement, the ENGINEER will notify the successful Bidder in writing if either the OWNER or the ENGINEER, after due inves- tigation, has reasonable objection to any Subcon- tractor, person or organization on such list. The failure of the OWNER or the ENGINEER to make objection t~ .any Subcontractor, person or organization on the list prior to the execution and delivery of the Agreement shall constitute an ac- ceptance of such Subcontractor, person or organi- zation. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the OWNER or the ENGI- NEER to reject defective Work, material or equip- ment, or Work, material or equipment not in con- formance with the requirements of the Contract Documents. 7.2. If, prior to the execution and delivery of the Agreement, the OWNER or the ENGINEER has reasonable objection to and refuses to accept any Subcontractor, person or organization on such list, the successful Bidder may, prior to such ex- ecution and delivery, either (i) submit an accept- able substitute without an increase in his Bid Price or (ii) withdraw his Bid and forfeit his Bid security. If, after the execution and delivery of the Agreement, the OWNER or the ENGINEER refuses to accept any Subcontractor, person or organization on such list, the CONTRACTOR will submit an acceptable substitute and the Con- tract Price shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no such increase in the Contract Price shall be allowed in respect of any substitution un- less the CONTRACTOR has acted promptly and reasonably in submitting a name with respect thereto prior to the execution and delivery of the Agreement. 7.3. The CONTRACTOR will not employ any Subcontractor (whether initially or as a substi- tute) against whom the OWNER or the ENGI- NEER may have reasonable objection, nor will the CONTRACTOR be required to employ any Sub- contractor against whom he has reasonable objec- tion. The CONTRACTOR will not make any sub- stitution for any Subcontractor who has been accepted by the OWNER and the ENGINEER, unless the ENGINEER determines that there is good cause for doing so. 7.4. The CONTRACTOR will be fully respon- sible for all acts and omissions of his Subcontrac- tors and of per,';ons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that he is respon- sible for thc acts and omissions of persons directly employed by him. Nothing in the Contract Docu- ments shall create any contractual relationship between any Subcontractor and the OWNER or the ENGINEER or any obligation on the part of the OWNER or the ENGINEER to pay or to see to the payment of any moneys due any Subcon- tractor, except as may otherwise be required by 10 law. The ENGINEER may furnish to any Sub- contractor, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specific work done in accordance with the sched- ule of values. 7.5. The divisions and sections of the Speci- fications and the identifications of any drawings shall not control the Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any trade. 7.6. The CONTRACTOR agrees to specifically bind every Subcontractor to all of the applicable terms and conditions of the Contract Documents. Every Subcontractor, by undertaking to perform any of the Work, will thereby automatically be deemed to be bound by such terms and conditions. 7.7. All Work performed for the CONTRAC- TOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRAC- TOR and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance provided in accordance with Article 36, except such rights as they may have to the proceeds of such insurance held by the OWNER as trustee under paragraph 36.5. The CONTRACTOR will pay each Subcontractor a just share of any insur- ance moneys received by the CONTRACTOR under Article 36. ARTICLE 8--MATERIALS,EQUIPMENT AND LABOR; SUBSTITUTE MATERIAL OR EQUIPMENT 8.1. The CONTRACTOR will provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facili- ties and incidentals necessary for the execution, testing, initial operation and completion of the Work. 8.2. All materials and equipment will be new. If required by the ENGINEER, the CONTRAC- TOR will furnish satisfactory evidence as to the kind and quality of materials and equipment. 8.3. If it is indicated in the Specifications that the CONTRACTOR may furnish or use a substi- tute that is equal to any material or equipment specified, and if the CONTRACTOR wishes to furnish or use a proposed substitute, he will, promptly after the award of the contract, make written application to the ENGINEER for ap- proVal of such a substitute certifying in writing that the proposed substitute will perform ade. quately the duties imposed b~' the general design, be similar and of equal substance to that specified and be suited to the same use and capable of per- forming the same function as that specified. No substitute shall be ordered or installed without the written approval of the ENGINEER who shall be the judge of equality. 8.4. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instruc- tions of the applicable manufacturer, fabricator or processors, except as otherwise specifically pro- vided in the Contract Documents. ARTICLE 9--PATENT FEES AND ROYALTIES The CONTRACTOR will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He will indemnify and hold harmless the OWNER and the ENGINEER 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 such rights during or after completion of the Work, and shall defend all such claims in connection with any alleged infringe- ment of such rights. ARTICLE 10--PERMITS, LAWS, TAXES AND REGULATIONS 10.1. The CONTRACTOR will secure and pay for all construction permits and licenses and will pay all governmental and public utility charges and inspection fees necessary for ~he prosecution of the Work. 10.2. The CONTRACTOR will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the CON- TRACTOR observes that the Specifications or Drawings are at variance therewith, he Will give the ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. If the CONTRAC- TOR performs any Work knowing it to be con- trary to such laws, ordinances, rules and regu- lations, and without such notice to the ENGI- NEER, he will bear all costs arising therefrom. 10.3. The CONTRACTOR will pay all sales, 11 consumer, use and other similar taxes required by the law of the place where the Work is to be per- formed. ARTICLE Il--AVAILABILITY OF LANDS; PHYSICAL AND SUBSUR- FACE CONDITIONS; REFER- ANCE POINTS 11.1. The OWNER will provide, as indicated in the Contract Documents and not later than the date when needed by the CONTRACTOR, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be secured and paid for by the OWNER, unless otherwise specified in the Contract Documents. If the CON- TRACTOR believes that any delay in the OWN- ER's furnishing these lands or providing such easements entitles him to an extension of the Con- tract Time, he may make a claim therefor as pro- vided in Article 23. The CONTRACTOR will pro- vide all additional lands and access thereto that may be required for temporary construction facili- ties or storage of materials and equipment. 1i.2[ The OWNER will, upon request, furnish to the CONTRACTOR copies of all available boun- dary surveys and subsurface tests. 11.3 The CONTRACTOR will promptly notify the OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. The ENGINEER will promptly investigate those conditions and advise the OWNER in writing if further surveys or sub- surface tests are necessary. Promptly thereafter, the OWNER will obtain the necessary additional surveys and tests and furnish copies to the ENGI- NEER and the CONTRACTOR. If the ENGI- NEER finds that the results of such surveys or tests indicate subsurface or latent physical con- ditions differing signifidantly from those indicated in the Contract Documents, a Change Order shall be issued incorporating the necessary revisions. 11.4. The OWNER will establish such general reference points as in his judgment will enable the CONTRACTOR to proceed with the Work. The CONTRACTOR will be responsible for the layout of the Work and will protect and preserve the established reference points and will make no changes or relocations without the prior written approval of the OWNER. He will report to the ENGINEER whenever any reference point is lost or destroyed or requires relocation because of nec- essary chaBges in grades or locations. The CON- TRACTOI~"~Vi]I replace and accurately relocate all reference points so lost, destroyed or moved. ARTICLE 12~USE OF PREMISES 12.1. The CONTRACTOR will confine his equipment, the storage of materials and equipment and the operations of his workmen to areas per- mitted by law, ordinances,' permits, or the require- ments of the Contract Documents, and shall not unreasonably encumber the premises with ma- terials or equipment. 12.2. The CONTRACTOR will not load nor permit any part of the structure to be loaded with weights that will endanger the structure, nor will he subject any part of the Work to stresses or pressures that will endanger it. ARTICLE 18 ENGINEER'S STATUS DUR- ING CONSTRUCTION 13.1. The ENGINEER shall be the OWNER's representative during the construction period. All instructions of the OWNER to the CONTRAC- TOR shall be issued through the ENGINEER. The duties and responsibilities and the limita- tions of authority of the ENGINEER as the OWNER's representative during construction are set forth in Articles 1 through 42 of these Gen- eral Conditions and shall not be extended without written consent of the OWNER and the ENGI- NEER. 13.2. The ENGINEER will make periodic visits to the site to observe the progress and qual- ity of the executed Work and to determine, in gen- eral, if the Work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on-site inspec- tions to check the quality or quantity of the Work nor will he be responsible for the construction means, ~ethods, techniques, sequences or proce- dures, or the safety precautions incident thereto. His elTorts -~vill be directed toward providing assurance for the OWNER that the completed Project will conform to the requirements of the Contract Documents, but he will not be responsible for th~ CONTRACTOR's failure to perform the Work i~ accordance with the Contract Documents. On the 'basis of his on-site observations as an ex- perienced and qualified design professional, he will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defects and deficiencies in the Work of contractors. 12 13.3. The ENGINEER will have authority to disapprove of or reject Work which is defective; i.e., it is unsatisfactory, faulty or defective, or does not conform to the requirements of the Con- tract Documents or does not meet the requirements of any inspection, test or approval referred to in paragraph 16.1. He will also have authority to require special inspection or testing of the Work as provided in paragraph 19.2, whether or not the Work is fabricated, installed or completed. 13.4. If the OWNER and ENGINEER agree, the ENGINEER will provide one or more full- time Resident Project Representatives to assist the ENGINEER in carrying out his responsibili- ties at the site. The duties, responsibilities and limitations of authority of any such Resident Project Representative shall be as set forth in an exhibit to be incorporated in the Contract Documents. 13.$. Neither the ENGINEER's authority to act under this Article 13 nor any decision made by him in good faith either to exercise or not exer- cise such authority shall give rise to any duty or responsibility of the ENGINEER to the CON- TRACTOR, any Subcontractor, any of their agents or employees or any other person performing any of the Work. ARTICLE 1~1 ENGINEER'S INTERPRETA- TIONS AND DECISIONS 14.1. The ENGINEER will issue with reason- able promptness such written clarifications or in- terpretations (in the form of drawings or other- wise) as he may determine necessary for the proper execution of the Work, such clarifications and interpretations to be consistent with or rea- aonably inferable from the overall intent of the Contract Documents. If the CONTRACTOR be- lieves that a written clarification and interpreta- tion entitles him to an increase in the Contract Price, he may make a claim therefor as provided in Article 21. 14.2. The ENGINEER will be the initial inter- preter of the terms and conditions of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge he will exercise his best efforts to insure faithful performance by both the OWNER and the CONTRACTOR. He will not show partiality to either and shall not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the inter- pretation of or performance under the Contract Documents shall be referred initially to the ENGI- NEER for decision, which he Shall'render ih ~;rit- ing within a reasonable time. .... 14.3. Either the OWNER or the CONTRAC- TOR may demand arbitration with raSpect to any such claim, dispute or other matter that has been referred to the ENGINEER, except any which have been waived by the making or acceptance of final payment as provided in Article 31,2, such ar- bitration to be in accordance with ~Article 41. However, no demand for arbitration of any such claim, dispute or Other matter shall be made until the earlier of (a)' the date on which the ENGI- NEER has rendered his decision or (b) the tenth day after the parties have presented their evidence to the ENGINEER if he has not rendered his written decision before that date. No demand for arbitration shall be made later than thirty days after the date on which the ENGINEER rendered his written decision in resPect of the ~laim, dis- pute or other matter as to which arbitration is sought; and the failure to demand arbitration within said thirty days' period shall result in the ENGINEER's decision being final and binding upon the OWNER and the CONTRACTOR. If the ENGINEER renders a decision after arbi- tration proceedings have been initiated, such de- cision may be entered as evidence but shall not supersede the arbitration proceedings, 'except where the decision is acceptable to the parties Con- cerned. ARTICLE 15 SHOP DRAWINGS AND SAMPLES 15.1. After checking and verifying all field measurements, the CONTRACTOR will submit to the ENGINEER for approval, in accordance with' the accepted schedule of Shop Drawing submis- sions, copies (or at the ENGINEER'S option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with. the approval of the CONTRACTOR and identified as the ENGINEER may require. The data shown on the Shop Drawings will be ~eom~ plet~ With respect to dimensions, design criteria, materials of construction and the like to enable the ENGINEER to review the information as, re- quired. 15.2. The CONTRACTOR will also submit to the ENGINEER fOr~ approval, with such promPt- ness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent cata- log numbers and the use for which intended~ 15.3. At the time of each submission, the CON- TRACTOR will in writing call the ENGINEER's attention to any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents. 15.4. The ENGINEER will check and approve with reasonable promptness Shop Drawings and samples, but hi.s checking and approval shall be only for conformance with the design concept of the Project and for compliance with the informa- tion given in the Contract Documents. The ap- proval of a separate item as such will not indicate approval of the assembly in which the item func- tions. The CONTRACTOR will make any correc- tions required by the ENGINEER and will re- turn the required number of corrected copies of Shop DraWings and resubmit new samples until approved. The CONTRACTOR shall direct spe- cific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the ENGINEER on previous sub- missions. 15.5. No Work requiring a Shop Drawing or sample submission shall be commenced until the submission has been approved by the ENGINEER. 15.6. The ENGINEER's approval of Shop Drawings or samples shall not relieve the CON- TRACTOR from his responsibility for any devia- tions from the requirements of the Contract Docu- ments unless the CONTRACTOR has in writing called the ENGINEER's attention to such devia- tions at the time of submission and the ENGI- NEER has given written approval to the specific deviation, nor shall any approval by the ENGI- NEER relieve the CONTRACTOR from responsi- bility for errors or omissions in the Shop Draw- ings. ARTICLE 16mTESTS AND INSPECTIONS 13 16.1. If the Contract Documents, laws, ordi- nances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspecte'd, tested, or approved by someone other than the CONTRACTOR, the CON- TRACTOR will give the ENGINEER timely notice of readiness therefor. The CONTRACTOR will furnish the ENGINEER the required cer- tificates of inspection, testing or approval, All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organiza- tion as may be required by law or the Contract Documents. If any such Work required so to be insPected, tested,or approved is covered up with- out written approval or consent of the ENGI- NEER, it must, if directed by the ENGINEER, be uncovered for observation at the CONTRAC- TOR's expense. The cost of all such inspections, tests and approvals shall be borne by the CON- TRACTOR unless otherwise provided. 16.2. Any Work which fails to meet the re- quirements of any such test, inspection or approval and any Work which meets the requirements of any such test or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work may be rejected, corrected or accepted as provided in Ar- ticle 25. 16.3. Neither observations by the ENGINEER nor inspections, tests or approvals by persons other than the CONTRACTOR shall relieve the CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents. ARTICLE 17--CONTRACTOR'S SUPERVISION AND SUPERINTENDENCE 17.1. The CONTRACTOR will supervise and direct the Work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. Before undertaking the Work he will carefully study and compare the Contract Documents and check and verify all figures shown thereon and all field measurements. He will at once report in writing to the ENGI- NEER any conflict, error or discrepancy which he may discover. The CONTRACTOR will be re- sponsible to see that the finished Work complies accurately with the Contract Documents. 17.2. The CONTRACTOR will keep on the Work at all times during its progress a resident supe, intendent satisfactory to the ENGINEER. The superintendent shall not be replaced without the consent of the ENGINEER except under ex- traordinary circumstances. The superintendent will be the CONTRACTOR's representative at the site and shall have authority to act on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR. 17.3. The CONTRACTOR will provide compe- tent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. He will at all times maintain good discipline and order among his em- ployees at the site. 17.4. The ENGINEER will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of his or their 14 agents or employees, or any other persons per- forming any of the Work. ARTICLE 18 SAFETY AND PROTECTION ; EMERGENCIES 18.1. The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He will take all necessary precau- tions for the safety of, and will provide the neces- sary 'protection to prevent damage, injury or loss to: 18.1.1. all employees on the Work and other persons who may be affected thereby, 18.1.2. all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 18.1.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or re- placement in the course of construction. The CONTRACTOR will comply with all appli- cable laws, ordinances, rules, regulations and orders o.f any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards f.or safety and protection, including posting danger s~gns and other warnings against hazards and promulgating safety regulations. He will notify owners of adjacent utilities when prosecution of the work may affect them. When the use or stor- age of explosives or other hazardous materials is necessary for the prosecution of the Work, the CONTRACTOR will exercise the utmost care and will carry on such activities under the supervision of properly qualified personnel. All damage, in- jury or loss to any property referred to in para- graph 18.1.2 or 18.1.3 caused, directly or indi- rectly, in whole or in part, by the CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for'whose acts any of them may be liable, will be remedied by the CONTRACTOR, except damage or'loss attribut- able to the fault of drawings or specifications or to the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them or for whose acts either of them may be liable, and not attributable to the fault or negli- gence of the CONTRACTOR. 18.2. The CONTRACTOR will designate a re- sponsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR's super- intendent unless otherwise designated in writing by the CONTRACTOR to the OWNER and the ENGINEER. 18.3. In emergencies affecting the safety of persons or the Work or property at the site or ad- jacent thereto, the CONTRACTOR, without spe- cial instruction or authorization from the ENGI- NEER or OWNER, is oMigated to act, at his dis- cretion, to prevent threatened damage, injury or loss. He will give the ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations in- volved. If the CONTRACTOR believes that addi- tional work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an exten- sion of the Contract Time, he may make a claim therefor as provided in Articles 21 and 23. ARTICLE 19--ACCESS TO THE WORK; UNCOVERING FINISHED WORK 19.1. The ENGINEER and his representatives and other representatives of the OWNER will at all times have access to the Work. The CONTRAC- TOR will provide proper facilities for such access and observation of the Work and also for any. inspection, or testing thereof by others. 19.2. If any Work is covered contrary to the request of the ENGINEER, it must, if requested by the ENGINEER, be uncovered for his observa- tion and replaced at the CONTRACTOR's expense. 19.3. If any Work has been covered which the ENGINEER has not specifically requested to ob- serve prior to its being covered, or if the ENGI- NEER considers it necessary or 'advisable that covered Work be inspected or tested by others, the CONTRACTOR, at the ENGINEER's request, will uncover, expose or otherwise make available for observation, inspection or testing as the EN- GINEER may require, that portion of the Work in question, furnishing all necessary labor, mate- rial and equipment. If it is found that such Work is defective or does not meet the requirements of the Contract Documents, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satis- factory reconstruction, including compensation for additional professional services, and an appro- priate Change Order shall be issued deducting all such costs from the Contract Price. If, however, such Work is found to be nondefective and meet the requirements of the Contract Documents, the CONTRACTOR will be allowed an increase in the Contract Price or extension of the Contract Time directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruc- tion if he makes a claim therefor as provided in Articles 21 and 23. ARTICLE 20---CHANGES IN THE WORK 20.1. Without invalidating the Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions in' the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, the CONTRAC- TOR will proceed with the Work involved. All such Work shall be executed under the applicable con- ditions of the Contract Documents. If any Change Order causes an increase or decrease in the Con- tract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 21 or Article 23. 20.2. The ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent 'of the Contract Documents. These may be accomplished by a Field Order. If the CONTRAC- TOR believes that any minor change or alteration authorized by the ENGINEER entitles him to an increase in the Contract Price, he may make a claim therefor as provided in Article 21. 20.3. Additional work performed by the CON- TRACTOR without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as pro- vided in Article 18.3 and except as provided in paragraphs '16.1, 19.3 and 20.2. 20.4. The OWNER will execute any appropri- ate Change Order prepared by the ENGINEER covering changes in the Work to be performed as provided in paragraph 11.3, and Work performed in an emergency as provided in paragraph 18.3 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the ENGINEER. 20.5.' It is the CONTRACTOR's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Con- tract Price and the amount of the applicable Bonds shall be adjusted accordingly. The CONTRACTOR will furnish proof of such adjustment to the OWNER. 15 ARTICLE 21--CHANGE OF CONTRACT PRICE 21.1. The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at his expense without change in the Contract Price. 21.2. The Contract Price may only be changed by a Change Order. If the CONTRACTOR is en- titled by the Contract Documents to make a claim for an increase in the Contract Price, his claim shall be in writing delivered to the OWNER and the ENGINEER within 3 days of the occurrence of the event giving rise to the claim. All claims for adjustments in the Contract Price shall be determined by the ENGINEER if the OWNER and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be in- corporated in a Change Order. 21.3. The value of any Work cover~,! by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 21.3.1. Where the Work involved is covered by unit prices contained in the Contract Docu- ments, by application of unit prices to the quan- tities of the items involved. 21.3.2. By mutual acceptance of a lump sum. 21.~L3. By cost and a mutually acceptable fixed amount for overhead and profit. 2].3.4. If none of the above methods is agreed upon, the value shall be determined by thc ~',NGINEER on the basis of costs and a per- centage for overhead and profit. Costs shall only include labor (payroll, payroll taxes, fringe ben- fits, workman's compensation, etc.), materials, equip~'nen~, and other incidentals directly re- late, ~.~ the Work involved. The maximum per- centage which shall be allowed for ~ONTRAC- TOR's combined overhead and profit, ~;hall be as follows: 21.3.4.L for all such Work done by his own org~mization, the CONTRACTCR may add up to ten percent of his actual net in- crease i, cost, and 21.3.4.2. for a]] such Work done by' Sub- contractor.s, each Subcontract~ .may add up to ten percent of his actual net increase in costs for combined overhead and profit and (h~ CONTRACTOR may add up to five per- cent of the Subcontractor's total for his com- bined overhead and profit; provided that no overhead or profit shall be allowed on costs incurred in connection with premiums for public liability insurance or other special in- surance directly related to such Work. In such case and also under paragraph 21.3.3 the CONTRACTOR will submit in form pre- scribed by the ENGINEER an itemized cost breakdown together with supporting data. 21.4. The amount of credit to be allowed by the CONTRACTOR to the OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease as deter- mined by the ENGINEER. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. ARTICLE 22--CASH ALLOWANCES The CONTRACTOR will include in the Con- tract Price all allowances so named in the Con- tract Documents and shall cause the Work so covered to be done by such suppliers or Subcon- tractors and for such sums within the limit of the allowances as the ENGINEER may approve. Upon final payment, the Contract Price shall be decreased as required and an appropriate Change Order issued. The CONTRACTOR agrees that the original Contract Price includes such sums as he deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. ARTICLE 23--CHANGE OF THE CONTRACT TIME 16 23.1. The Contract Time may only be changed by a Change Order. If the CONTRACTOR is en- titled by the Contract Documents to make a claim for an extension in the Contract Time, his claim shall be in writing delivered to the OWNER and the ENGINEER within 10 days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Contract Time shall be de- termined by the ENGINEER if the OWNER and the CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 23.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if he makes a claim therefor as provided in paragraph 23.1. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor em, ployed by the OWNER, fires, floods, labor dis- putes, epidemics, abnormal weather conditions, or acts of God. 23.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 23 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. ARTICLE 24--NEGLECTED WORK 24. If the CONTRACTOR should neglect to prosecute the Work in accordance with the Con- tract Documents, including any requirements of the progress schedule, the OWNER, after three days' written notice to the CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiences and the cost thereof (including compensation for additional professional services) shall be charged against the CONTRACTOR if the ENGINEER approves such action, in which case a Change Order shall be issued incorporating the necessary .revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due the CONTRACTOR are not sufficient to cover such amount, the CON- TRACTOR will pay the difference to the OWNER. ARTICLE 25--WARRANTY AND GUAR2 ANTEE; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 25.1. The CONTRACTOR warrants and guar- antees to the OWNER and the ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or ap- provals referred to in paragraph 16.2. All unsatis- factory Work, all faulty or defective Work and all Work not conforming to the requirements of the Contract Documents or of such inspections, tests or approvals shall be considered defective. Prompt notice of all defects shall be given to the CONTRACTOR. All defective Work, whether or not in place, may be rejected. 25.2. If required by the ENGINEER prior to approval of final payment, the CONTRACTOR will promptly, without cost to the OWNER and as required by the ENGINEER, either correct any defective Work, whether or not fabricated, in- stalled or completed, or, if the Work has been re- jected by the ENGINEER, remove it from the site and replace it with nondefective Work. If the CONTRACTOR does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as required by writ- ten notice from the ENGINEER, the OWNER may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and rep]ace- ment, including compensation for additional pro- fessional services shall be paid by the CONTRAC- TOR, and an appropriate Change Order shall be issued deducting all such costs from the Contract Price. The CONTRACTOR will also bear the ex- penses of making good all work of others de- stroyed or damaged by his correction, removal or replacement of his defective Work. 25.3. If, after the approval of final payment and prior to the expiration of one 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 applicable special guarantee re- quired by the Contract Documents, any Work is found to be defective the CONTRACTOR will, promptly without cost to the OWNER and in ac- cordance with the OWNER's written instructions, either correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with nondefective Work. If the CONTRACTOR does not promptly comply with the terms of such instructions, the OWNER may have the defective Work corrected or the re- jected work removed and replaced, and all direct and indirect costs of such removal and replace- ment, including compensation for additional pro- fessional services, will be paid by the CONTRAC- TOR. 25.4. If, instead of requiring correction or re- moval and replacement of defective Work, the OWNER (and, prior to approval of final payment, also the ENGINEER) prefers ~o accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revi- sions in the Contract Documents, including appro- priate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by the CON- TRACTOR. 17 ARTICLE 26---APPLICATIONS FOR PROGRESS PAYMENTS 26.1. At least ten days prior to submitting the first Application for a progress payment, the CONTRACTOR will submit a schedule of values of the Work including quantities and unit prices, aggregating the Contract Price. This schedule shall be satisfactory in form and substance to the ENGINEER and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedule of values by the ENGINEER, it shall be incorporated into the form of Application for Payment furnished by the ENGINEER. 26.2. At least ten days befor~ each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER for review the Application for Pay- ment filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another loca- tion agreed to in w~iting, the Application for Payment shall also be accompanied by such sup- porting data, satisfactory to the OWNER, as will establish the OWNER's title to the material and equipment and protect his interest therein, in- cluding applicable insurance. 26.3. The CONTRACTOR warrants and guar- antees that title to all Work, materials and equip- ment covered by an Application for Payment, whether incorporated in the Project or not, will have passed to the OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interests and encum- brances (hereafter in these General Con ditions re- ferred to as "Liens"); and that no Work, mate- rials or equipment covered by an Application f~r Payment wiJl have been acquired by the CON- TRACTOR or by any other person performing the Work ~.t the site or furnishing materials and equipment fvr the Project, subject to an agree- ment under which an interest therein or encum- brance thereon is retained by the seller or other~ wise imposed by the CONTRACTOR or such other person. 26.4. The ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing his approval of payment and present the Application to the OWNER, or return the Application to the CONTRACTOR indi- cating in writing his reasons for refusing to approve payment. In the latter case, the CON- TRACTOR may make the necessary corrections and resubmit the Application. The OWNER will, within 20 days of presentation to him of an approved Application for Payment, pay the CON- TRACTOR the amount approved by the ENGI- NEER. ARTICLE 27--APPROVAL OF PAYMENTS 27.1. The ENGINEER's approval of any pay- ment requested in an Application for Payment shall constitute a representation by him to the OWNER, based on the ENGINEER's on-site ob- servations of the Work in progress as an experi- enced and qualified design professional and on his review of the Application for Payment and the supporting data, that the Work has progressed to the point indicated; that, to the best of his knowl- edge, information and belief, the quality of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work as a functioning Project upon Substantial Comple- tion, to the results of any subsequent tests called for in the Contract Documents and any qualifica- tions stated in his approval); and that the CON- TRACTOR is entitled to payment of the amount approved. However, by approving any such pay- ment the ENGINEER shall not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality 'or the quantity of the Work, or that he has re- viewed the means, methods, techniques, sequences, and procedures of construction or that he has made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price. 27.2. The ENGINEER's approval of final pay- ment shall constitute an additional representation by him to the OWNER that the conditions prece- dent to the CONTRACTOR's being entitled to final payment as set forth in paragraph 30.3 have been fulfilled. 27.3. The ENGINEER may refuse to approve the whole or any part of any payment if, in his opinion, he is unable to make such representations to the OWNER. He may also refuse to approve any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspec- tions or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the OWNER from loss because: 18 27.3.1. the Work is defective, 27.3.2. claims have been filed or there is rea- onable evidence indicating the probable filing thereof, 27.3.3. the Contract Price has been reduced because of Modifications, 27.3.4. the OWNER has been required to correct defective Work or complete the Work in accordance with Article 24, or 27.3.5. unsatisfactory prosecution of the Work, including failure to clean up as required by Article 37. ARTICLE 28---SUBSTANTIAL COMPLETION 28.1. Prior to final payment, the CONTRAC- TOR may, in writing to the OWNER and the ENGINEER, certify that the entire Project is sub- stantially complete and request that the ENGI- NEER issue a certificate of Substantial Comple- tion. Within a reasonable time thereafter, the OWNER, CONTRACTOR and ENGINEER will make an inspection of the Project to determine the status of completion. If the ENGINEER does not consider the Project substantially complete, he will notify the CONTRACTOR in writing giving his reasons therefor. If the ENGINEER considers the Project substantially complete, he will prepare and deliver to the OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities' between the OWNER and the CONTRACTOR for maintenance, heat and utilities. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. The OWNER shall have seven days after receipt of the tentative certificate during which he may ma. ke written ob- jection to the ENGINEER as to any provisions of the certificate or attached list. If, after consider- ing such objections, the ENGINEER concludes that the Project is not substantially complete, he may notify the CONTRACTOR in writing, stating his reasons therefor. If, after said seven days and after consideration of the OWNER's objections, the ENGINEER considers the Project substan- tially complete, he will execute and deliver to the OWNER and the CONTRACTOR a definitive cer- tificate of Substantial Completion (with a revised tentative list of items to be completed or cor- rected) reflecting such changes from the tentative certificate as he believes justified after considera- tion of any objections from the OWNER. 19 28.2. The OWNER shall have the right to ex- clude the CONTRACTOR froTM the Project after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the tentative list. ARTICLE 29---PARTIAL UTILIZATION Prior to final payment, the OWNER may request the CONTRACTOR in writing to permit him to use a specified part of the Project which he be- lieves he may use without significant interference with construction of the other parts of the Project. If the CONTRACTOR agrees, he will certify to the OWNER and ENGINEER that said part of the Project is substantially complete and request the ENGINEER to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable time thereafter the OWNER, CON- TRACTOR and ENGINEER will make an inspec- tion of that part of the Project to determine its status of completion. If the ENGINEER does not consider that it is substantially complete, he will notify the OWNER and CONTRACTOR in writing giving his reasons therefor. If the ENGINEER considers that part of the Project to be substan- tially complete, he will execute and deliver to the OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list of items to be completed or cor- rected before final payment and fixing the respon- sibility between the OWNER and CONTRACTOR for maintenance, heat and utilities as to that part of the Project. The OWNER shall have the right to exclude the CONTRACTOR from any part of the Project which the ENGINEER has so certi- fied to be substantially complete, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the tentative list. ARTICLE 30--FINAL PAYMENT 30.1. Upon written notice from the CONTRAC- TOR that the Project is complete, the ENGINEER will make a final inspection with the OWNER and the CONTRACTOR and will notify the CON- TRACTOR in writing of any particulars in which this .inspection reveals that the Work is defective. The CONTRACTOR shall immediately make such corrections as are necessary to remedy such de- fects. 30.2. After the CONTRACTOR has completed any such corrections to the satisfaction of the ENGINEER and del)vered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and other docu- ments--all as required by the Contract Docu- ments, he may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accom- panied by such supporting data as the ENGI- NEER may require, together with complete and legally effective releases or waivers (satisfactory to the OWNER) of all Liens arising out of the Contract Documents and the labor and services performed and the material and equipment fur- nished thereunder. In lieu thereof and as approved by the OWNER, the CONTRACTOR may furnish receipts or releases in full; an affidavit of the CON- TRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebted- ness connected with the Work for which the OWNER or his property might in any way be re- sponsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or supplier fails to furnish a release or receipt in full, the CONTRACTOR may furnish a bond satisfactory to the OWNER to in- demnify him against any Lien. 30.3. If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment--all as required by the Contract Doc- uments, the ENGINEER is satisfied that the Work has been completed and the CONTRACTOR has fulfilled all of his obligations under the Con- tracts L'ocuments, he will, within ten days after receipt of the final Application for Payment, indi- cate in writing his approval of payment and pre- sent the Application to the OWNER for payment. Othe:-~.ise, he will return the Application to the CONTRACTOR, indicating in writing his: casons for refusing to approve final payment, i~, ~vhich case the CONTRACTOR will make the necessary corrections and resubmit the Application. The OWNER will, within 20 days of presentation to him of an approved final Application for Payment, pay the CONTRACTOR the amount approved by the ENGINFER. 30.4. If a.~ter Substantial Completion of the Work linal completion thereof is materially de- layed ~ cough no fault of the CONTRACTOR, and the ENGINEER so confirms, the OWNER ~hall, upon cert~c:~ion by the ENGINEER, and without terminating t.~e Agreement, make t):~v~ent of the balance due for that portion of thc Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less 2O than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Article 33, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be sub- mitted by the CONTRACTOR to the ENGINEER prior to certification of such payment. Such pay- ment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE 31--WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS 31.1. The CONTRACTOR's obligation to per- form the Work and complete the Project in accord- ance with the Contract Documents shall be abso- lute. Neither approval of any progress or final payment by the ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by the OWNER to the CONTRACTOR under the Contract Documents, nor any use or occupancy of the Project or any part thereof by the OWNER, nor any act of acceptance by the OWNER nor any failure to do so, nor any correc- tion of faulty or defective work by the OWNER shall constitute an acceptance of Work not in ac- cordance with the Contract Documents. 31.2. The making and acceptance of final pay- ment shall constitute: 31.2.1. a waiver of all claims by the OWNER · against the CONTRACTOR other than those arising from unsettled Liens, from faulty or defective work appearing after final payment or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and 31.2.2. a waiver of all claims by the CON- TRACTOR against the OWNER other than those previously made in writing and still un- settled. ARTICLE 32--INDEMNIFICATION 32.1. The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any sucL claim, damage, loss or expense (a) is attributable to bodily .injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) inc.luding the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any Subcontractor, anyone di- rectly 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. 32.2. In any and all claims against the OWNER or the ENGINEER or any of their agents or em- ployees 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 32 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 workmen's compensation acts, disability benefit acts or other employee benefit acts. 32.3. The obligations of the CONTRACTOR under this Article 32 shall not extend to the liabil- ity of the ENGINEER, his 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 the ENGINEER, his agents or employees pro- vided such giving or failure to give is the primary cause of injury or damage. ARTICLE 33--CONTRACT BONDS The CONTRACTOR will furnish performance' and payment Bonds as security for the faithful performance and payment of all his obligations under the Contract Documents. These Bonds shall be in amounts at least equal to the Contract Price and in such form and with such sureties as are acceptable to the OWNER. Prior to execution of the Contract Documents the OWNER may require the CONTRACTOR to furnish such other Bonds, in such form and with such sureties as he may require. If such Bonds are required by written instructions given prior to opening of Bids, the premiums shall be paid by the CONTRACTOR; if subsequent thereto, they shall be paid by the OWNER. ARTICLE 34--CONTRACTOR,S LIABILITY INSURANCE The CONTRACTOR will purchase and maintain such insurance as will protect him from claims under workmen's compensation laws, disability benefit laws or other similar employee benefit laws; 21 from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees in- cluding claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting therefrom--any or all of which may arise out of or result from the CONTRAC- TOR's operations under the Contract Documents, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall be written for not less than any limits of liability specified in the Contract Documents or required by law, whichever is greater, and shall include cone tractual liability insurance. Before starting the Work, the CONTRACTOR will file with the OWNER and ENGINEER certificates of such in- surance, acceptable to the OWNER; these certif- icates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least 15 days prior written notice has been given to the OWNER and ENGINEER. ARTICLE 35---OWNER'S LIABILITY INSURANCE The OWNER will be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain suCh in- surance as will protect him against claims which may arise from operations under the Contract Documents. ARTICLE 36--PROPERTY INSURANCE 36.1. Unless otherwise provided, the OWNER will purchase and maintain property insurance upon the Project to the full insurable value thereof. This insurance shall .include the interests of the OWNER, the CONTRACTOR and Subcon- tractors in the Work and shall insure against the perils of Fire, Extended Coverage, Vandalism and Malicious Mischief. 36.2. The OWNER will purchase and maintain such steam boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of the OWNER, the CONTRACTOR and Subcontractors in the Work. 36.3. Any insured loss under the policies of insurance required by paragraphs 36.1 and 36.2 is to be adjusted with the OWNER and made pay- able to the OWNER as trustee for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 36.7. 36.4. The OWNER will file a copy of all poli- cies with the CONTRACTOR before an exposure to loss may occur. If the OWNER does not intend to purchase such insurance, he will inform the CONTRACTOR in writing prior to commence- ment of the Work. The CONTRACTOR may then effect insurance which will protect the interests of himself and his Subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the OWNER. If the CONTRAC- TOR is damaged by failure of the OWNER to purchase or maintain such insurance and so to notify the CONTRACTOR, then the OWNER will bear all reasonable costs properly attributable thereto. 36.5. If the CONTRACTOR requests in writ- ing that other special insurance be included in the property insurance policy, the OWNER will, if possible, include such insurance, and the cost thereof shall be charged to the CONTRACTOR by appropriate Change Order. 36.6. The OWNER and CONTRACTOR waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under this Article 36, except such rights as they may have to the proceeds of such insurance held by the OWNER as trustee. The CONTRACTOR shall require similar waivers by Subcontractors in accordance with paragraph 7.7. 36 7. The OWNER as trustee will have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days aftar the occurrence of loss to the OWNER's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Article 41. The OWNER as trustee will, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitra- tors will direct such distribution. ARTICLE 37--CLEANING UP The CONTRACTOR will keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work, and at 22 the completion of the Work he will remove all waste materials, rubbish and debris from and about the premises as well as all tools, construc- tion equipment and machinery, and surplus ma- terials, and will leave the site clean and ready for occupancy by the OWNER. The CONTRACTOR will restore to their originial condition those por- tions of the site not designated for alteration by the Contract Documents. ARTICLE 38--OWNER'S RIGHT TO STOP OR SUSPEND WORK 38.1. If the Work is defective, or the CON- TRACTOR fails to supply sufficient skilled work- men or suitable materials or equipment, or if the CONTRACTOR fails to make prompt payments to Subcontractors or for labor, materials or equip- merit, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 38.2. The OWNER may, at any time and with- out cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the CONTRACTOR and the ENGI- NEER which shall fix the date on which Work shall be resumed. The CONTRACTOR will resume the Work on the date so fixed. The CONTRACTOR will be allowed an' increase in the Contract Price or an extension of the Contract Time directly attributable to any suspension if he makes a claim therefor as provided in Articles 21 and 23. ARTICLE 39--OWNER'S RIGHT TO TERMINATE 39.1. If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the CON- TRACTOR or for any of his property, or if he files a petition to take advantage of any debtors' act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equip- ment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, mate- rials or equipment or if he disregards laws, ordi- nances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the ENGINEER, or if he otherwise violates any provision of the Contract Documents, then the OWNER may, without prejudice to any other right or remedy and after giving the CON- TRACTOR and his surety seven days' written notice, terminate the services of the CONTRAC- TOR and take possession of the Project and of all materials, equipment, tools, construction equip- ment and machinery thereon owned by the CON- TRACTOR, and finish the Work by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price ex- ceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGI- NEER and incorporated in a Change Order. 39.2. Where the CONTRACTOR's services have been so terminated by the OWNER, said ter- ruination shall not affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR will not release the CONTRACTOR from liability. 39.3. Upon seven days' written notice to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the CONTRACTOR shall be paid for all Work exe- cuted and any expense sustained plus a reasonable profit. ARTICLE 40--CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the ENGINEER or awarded by arbitrators within thirty days of its approval and presenta- tion, then the CONTRACTOR may, upon seven days' written notice to the OWNER and the ENGI- NEER, terminate the Agreement and recover from the OWNER payment for all Work executed and any expense sustained plus a reasonable profit. In a~idition and in lieu of terminating the Agree- ment, if the ENGINEER has failed to act on an Appl.ication for Payment or the OWNER has failed to n~ake any payment as aforesaid, the CONTRAC- TOR may upon seven days' notice to the OWNER and the ENGINEER stop the Work until he has been paid all amounts then due. ARTICLE 41--ARBITRATION 41.1. All claims, disputes and other matters in question arising out of, or relating to, this Agree- ment or the breach thereof except for claims v~hich have been waived by the making or acceptance of final payment as provided by paragraph 31.2, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. 41.2. Notice of the demand for arbitration shall be flied in writing with the other party to the Agreement and with the American Arbitration Association, and a copy shall be filed with the ENGINEER. The demand for arbitration shall be made within the 30 day period specified in para- graph 14.3 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 41.3. The CONTRACTOR will carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agreed by him and the OWNER in writing. ARTICLE 42--MISCELLANEOUS 42.1. Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if de- livered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice. 42.2. All moneys not paid when due hereunder shall bear interest at the legal rate in force at the place oil the Project. 42.3. The duties and obligations in, posed by these General Conditions and the rights and reme- dies available hereunder, and, in particular but without ]imitation, the warranties, guarantees and obligations imposed upon the CONTRACTOR by Articles 25 and 32 and the rights and remedies available te the OWNER and ENGINEER there- 23 IV-73 under, shall be in addition to and not a limitation of any otherwise imposed or available by law, by special guarantee or other provisions of the Con- tract Documents. 42.4. Should the OWNER or the CONTRAC- TOR suffer injury or damage to its person or prop- erty because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 42.5. The Contract Documents shall be gov- erned by the ]aw of the place of the Project. 24 4.1 4.2 4,3¸ 4.4 4.6 4.7 4.8 4.9 DICKINSON-OSWALD A~ND ASSOCIATES ENGINEERS-SURVEYORS INDEX PART IV STANDARD CONSTRUCTION SPECIFICATIONS FOR WATER SYSTEMS DESCRI..PTION SCOPE OF WORK FIELD LOCATIONS A. LOCATION AND DIMENSIONS B. CONSTRUCTION STAKES C. RESPONSIBILITY OF STAKES AND MONUMENTS PAGE W- 3 W- 3 EXCAVATION W- 4 A. GENERAL B. CLEARING C. PROTECTION OF UTILITIES AND ADJACENT STRUCTURES W- 5 D. UNSUITABLE MATERIAL IN TRENCH E. WATER REMOVAL W- 6 BACKFILL A. GENERAL B. SURFACE RESTORATION C. BACKFILL UNDER AREAS TO BE PAVED W- 7 D. COMPACTION E. PIT-RUN GRAVEL ' W- 8 F. LIMITS OF OPEN TRENCH REMOVING AND REPLACING EXISTING ASPHALT OR CONCRETE PAVEMENT PIPE W- 9 A. GENERAL B. CAST IRON PIPE C. ASBESTOS CEMENT PIPE D. DUCTILE IRON PIPE E. GALVANIZED WROUGHT-IRON PIPE F. COPPER SERVICE PIPE GATE VALVES AND VALVE BOXES FIRE HYDRANT ASSEMBLIES ADJUST FIRE HYDRANT W-10 W-10 W-10 W-11 D/O '-69 - (CONTINUED) - DICKINSON-OSWALD AND ASSOCIATES ENGINEERS.SURVEYORS INDEX PART IV STANDARD CONSTRUCTION SPECIFICATIONS FOR WATER SYSTEMS PAR. 4.10 4.11 4.12 4.13 4.14 4.15 4.16 DESCRIPTION PIPE INSTAnnATION A. GENERAL B. ALIGNMENT AND GB_ADE C. JOINTS AND JOINTING D. THRUST BLOCKS E. FLUSHING HYDROSTATIC TESTS STERILIZATION OF PIPE LINES CONCRETE SERVICE CONNECTIONS ENCASEMENT OF SEWER MAINS MISCELLANEOUS ITEMS A. DP~AINAGE B. DETOURS C. RESTORATION AND CLF. AN UP PA.G. E W-ii W-12 W-13 w-13 W-14 w-15 W-15 W-16 w-16 4.17 4.18 4.19 OWNERS USE OF COMPLETED PORTION OBVIOUS DISCREPANCIES IN PLANS OR STAKES MEASUREMENT AND PAYM~2~T A. GENERAL B. TRENCH EXCAVATION AND BACKFILL C. REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL FROM TRENCH D. FURNISH AND PLACE PIT-RUN GRAVEL E. REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL FROM W-19 SURFACE OF STREETS OR ALLEYS F. FURNISH AND INSTALL PIPE G. COMPACTION TO 95% OF FuAXIMUM DENSITY H. SPECIA~ BACKFILL CONSOLIDATION I. REMOVE AND REPLACE EXISTING ASPHALT OR CONCRETE PAVEMENT W-20 J. FURNISH AND INSTALL GATE VALVES AND VALVE ~XES K. FURNISH AND INSTALL FIRE HYDRANT ASSEMBLIES L. ADJUST FIRE HYDRANT M. ENCASE EXISTING SANITARY SEWER W-21 N. FURNISH AND INSTALL SERVICE CONNECTIONS, O. INCIDENTAL ITEMS W-17 W-l? W-17 W-18 D/O-~ W-2 ICKINSON-OSWALD AND ASSOCI..fES ENGINEERS-SURVEYORS PART IV STANDARD CONSTRUCTION SPECIFICATIONS FOR WATER SCOPE OF WORK The scope of work covered by these specifications shall include the furnishing of all material, labor and equipment necessary to completely install the water mains and appurtenances in accordance with the Contrac~ Drawings, including notes, standard and special details and special provisions of these speci- fications. It shall be the Contractor's responsibility to obtain all pertinent licenses and permits required by the State of Alaska, its political subdivisions and other controlling agencies. Ail construction shall be in conformance with the ap- plicable requirements, including those regarding safety, of the State'of Alaska, its political subdivisions and' other controlling agencies. FIELD LOCATION Location and Dimensions: The location of the pipe ~nd appurtenances shall be as required by the contract drawings. All horizontal dimensions shown on the con- tract drawings are to the center of pipe or appur- tenance, unless otherwise noted, and all pipe grade elevations are shown to the invert of the pipe, unless otherwise noted. Construction Stakes: The Engineer will furnish the field layout of the system as indicated by the contract drawings. The field layout will consist of the offset staking of all valves, hydrants, breaks in grade, tees, crosses and similar appurtenances and the establishment of bench mark elevations deemed necessary by the Engineer. Responsibility of S~akes and Monuments: The Engineer will provide the initial field layout of the system in accordance with the construction schedule as provided by the Contractor; however, once the initial staking has been provided, the Contractor shall be responsible for the protection of the construction stakes and may be charged for any replacement required. D/O 69 W - 3 The Contractor shall be responsible for the protection of all existing lot corners and similar subdivision stakes or monuments not within the permanent easement or right-of-way areas. Replacement of destroyed lot corners or similar stakes or monuments other than those described above, shall be accomplished in an approved manner by an Engineer or surveyor licensed to do such work within the State of Alaska. Staking notes for lot corner or monument replacement performed by the Con- tractor shall be provided to the Owner upon request. EXCAVATION General: The Contractor shall accomplish all ex- cavation required by the contract drawings through whatever substances encountered, including permafrost and rock. Ail excavation shall be accomplished in accordance with State of Alaska Safety code and the safety requi=ements of local agencies. Unauthorized excavation below the required grade line shall he hackfilled with approved material and mechanically compacted to 95 percent of maximum density, all at the expense of the Contractor. In areas where overburden material is not of sufficient quality to he mixed with other more suitable material during backfill, the Contractor may be required to separate the two qualities of material during excavation to preclude subsequent undeslrahle mixing. The method of separation could include, hut may not he limited to, placing the materials on opposite sides of the trench· Payment for required separation of materials shall be included in the unit price hid for "Trench Excavation and Backfill·" ~learin~: To prevent such materials from being utilized an the trench backfill, the Contractor shall remove from the site all trees, brush, root mat, trash, etc, as directed hy the Engineer. Such materials shall be placed in a Contractor furnished disposal site approved by the Engineer. Ail fences, culverts and small movable structures shall he removed as necessary for the installation of the water system and replaced in a manner that will provide a fence, culvert or structure of equal construction and quality of that removed. D/O 69 W - ~ De Payment for cleaning as described in both paragraphs above shall he included in the unit price hid for "Trench Excavation and Backfill." Protection of Existin~ Utilities and Ad~acent Structures: The Contractor shall he responsible for the protection of all existing underground, surface or overhead utilities and for the protection of adj- acent structures. Plan locations of existing under- ground facilities are to he considered approxima~e only and are ~o he verified with the owning utility by the Contractor. The methods used to protect existing utilities, appurtenances, structures, etc. shall he subject to the approval of the owning agency. Payment for protection devices utilized, including bracing, shoring and underpining, shall he included in the unit price hid for "Trench Excavation and Back- fill." Unsuitable Material in Trench: Unsuitable material encountered in the trench shall he removed to a depth determined hy ~he Engineer and shall he paid for at the unit price hid for "Removal and Disposal of Un- suitable Material from Trench", per cubic yard, measured as hereinafter specified under "Measurement and Payment." Unsuitable material removed shall he placed in a Con- tractor furnished disposal site, approved hy the Engineer. Payment for replacement of the unsuitable material re- moved shall he at the unit price hid for "Furnish and Place Pit Run Gravel", per cubic yard, measured as Hereinafter specified under "Measurement and Payment." That portion of the replacement material that lies' below the pipe shall he compacted to 95 percent of maximum density prior to the placement of the pipe. The remainder of the backfill shall be as hereinafter specified under "Backfill." No payment will be made for removing and disposing of unsuitable material or for furnishing and placing back- fill material except as ordered in writing hy the Engineer prior to the performance of the work. No payment will he made for unsuitable material disposed of adjacent to the site or for placing backfill material available at the site. D/0-69 W - 5 4.4 Water Removal, It shall be the Contractor's responsi- bility to make himself aware of the ground water Qon- dj, ions that exist in the construction area. During excavation and pipe installation, the Contractor shall remove by pumping or other means approved by the Engineer, all water which, in the opinion of the Engineer, is detrimental to the installation of the water ~alns and appurtenances. The pipe shall not be used to drain ground water during construction. BACKFILL General, After the lines have been inspected the trenches shall be backfllledl however, backfill may be .accomplished prior to testing at the Contractor's risk. Backfill to one (1) foot above the top of pipe shall be from original material, unless otherwise directed, and shall be two (2) inch minus m-terlal free frozen clods. Backfill to one (1) foot above the pipe shall be carefully placed and thoroughly compacted. The remainder of the backfill shall be original material, provided it is free of all extraneous material such as trees, brush, trash and large boulders which, in the opinion of the Engineer, is not suitable for backfill. Payment for backfilling using original material shall be included in the unit price bid for "Trench Excavation and Backfill." Payment for backfilling using other than original material shall be as included in the unit price bid for 'Furnish and Place Pit Run Gravel", unless otherwise specified. Surface Restoration, Backfilling in roadways, streets alleys or easement or work permit areas shall be performed in such a manner as to restore the surface to its original elevation, contour and condition, insofar as is practical, in the opinion of the Engineer. The Contractor shall maintain all backfill areas from settlement for 1 month after acceptance of water system installation, at no additional cost to the Owner. Backfill in state Rights- of-way shall be accomplished in accordance with their requirements. Compaction where required in state rights- of-way will be considered incidental to the backfill and shall earn no separate payment. If after backfill, soft spots that could not have other- wise been avoided appear in streets or alleys, the Con- tractor m~y be required to excavate for removal of the unstable material and replace with pit run gravel or merely to consolidate the unstable area by using pit run gravel. D/O ~9 W- 6 Ce Ds Payment for removal of the unstable material shall be at the unit price bid for "Removal and Disposal of Unsuitable ~aterlal from Surface of Streets and Alleys" per cubic yard, truck countl however, no payment will be made for material removed in excess of that quantity ordered in writing by the Engineer prior to said removal. Payment for replacement of the unstable material re- moved or for the consolidation of unstable areas as hereinabove required, shall be at the unit price bid for 'Furnish and Place Pit Run Gravel" per cubic yard, truck count~ however, no payment will be made for material furnished and placed in excess of that qnAntlty ordered in writing by the Engineer prior to the work being performed. Backfill Under Areas To Be Paved, In all areas de- signated on the plans to be paved or repay.d, the trench backfill shall be compacted to 95 percent of maximum density by mechanical means or other means approved by the Engineer. If mechanical means are utilized, material shall be compacted in --xlmum 25 inch lifts! however, shallower lifts may be required if deemed necessary by the Engineer to facilitate proper compaction. In areas to be repay.d, the cost of compaction of 95 percent of maximum density shall be included in the unit price bid for "Removal and Re- placement of Existing Asphalt Pavement.~ The cost of compaction to 95 percent of maximum density in areas designated to be newly paved after completion of the water installation, shall be included in the unit price bid per linear foot for "Compaction to 9~ percent of ~axlmum Density." Compaction. In all improved public rights-of-way where trench excavation has disturbed the traveled way, "Special Backfill Consolidation' shall be accomplished in the following manner. This "Special Backfill Con- solidation" shall be in addition to those requirements specified under Paragraph 4.10A when applicable. The compaction requirements of Paragraph 4.$C, shall supercede these requirements. The depth of trench between one(l) foot above the top of pipe and two (2) feet below the final ground surface shall first be compacted to 85 percent of maximum denstiy using a maxlm,,m of three (3) foot lifts! however, shallower lifts m.y be required if deemed necessary by the Engineer to facilitate proper compaction. Should conditions warrant, the Engineer may grant written permission for the Con- tractor to meet the 85 percent density requirement by flushing with water from a Contractor supplied source. Such flushing shall be performed at the Contractor's risk. D/O -& 9 W- 7 The remaining two (2) feet of backfill shall be compacted to 95 percent of maximum density using m~ximum one (1) foot lifts unless otherwise approved. Where the original traveled way had a gravel cap surface, the top lift to be compacted shall be a gravel layer eq,,~l to the original gravel cap. In areas where the use of original material for backfill would result in a relatively unstable roadbase or otherwise make the above requirements unreasonable, in the opinion of the Engineer, the "Special Backfill Consolidation" requirements shall be revised (reduced) to produce a roadway equal ko that existing prior to excavation, insofar as is practical. Payment for "Special Backfill Consolidation" shall be at the unit price bid per linear foot. Payment for replacing the gravel cap shall be at the unit price bid for "Furnish and Place Pit Run Gravel' per cubic yard, measured as specified under "Measurement and Payment". However, no payment will be made for material placed in excess of that ordered in writing by the Engineer prior to the performance of the work. The Contractor shall allow access for soil density tests at all times without additional cost to the Owner. The Owner will pay for tests that meet these requirementsl however, the Contractor shall be responsible for pay- ment of all unsuccessful tests. Pit Run Gravel, When required by the Engineer, the Con- tractor shall "Furnish and Place Pit-Run Gravel". The m~terial furnished shall be a well graded gravel having a maximum size of 2 inches, not more than 10 percent passing the No. 200 standard sieve and shall be free of organic or frozen m~terial. No payment will be m~de for pit-run gravel obtained from the Construction site. Limits on Open Trench, Unless otherwise approved by' the Engineer, the maximum length of open trench per pipe laying crew shall be 500 feett however, should this maximum length be considered detrimental to public safety, it may be reduced at the discretion of the Engineer. Adeq~,ate direct access for fire engines and other local traffic must be maintained at all times and no two adjacent parallel streets may be closed to traffic at any one time. D/O -6~ W-8 The fire department having Jurisdiction within the project area shall be notified daily by the Contractor as to his plans for opening and closing streets. The Contractor's schedule as it relates to general and emergency access shall be subject to the approval of the Engineer. REMOVING AND REPLACING EXISTING ASPHALT OR CONCRETE PAVEMENT Where removal and replacement of existing asphalt or concrete pavement is required by the contract drawings, paving shall be removed in a manner that will produce a straight uniform edge along the section removed. When replacement is required, the replacing pavement and installation procedures shall meet the specifications of the agency controlling the right of way and the pavement replaced. After trench backfill and com~ pactlon has been accomplished, a minimum of three (3) ad- ditional inches will be cut from each edge of the original cut, utilizing an'approved method that will produce a straight, uniform edge. Where the area of asphalf pavement replacement is less than 300 sqn*re feet, a mechanical spreader need not be employed. Should pavement be removed and not replaced, the cost of removal shall be included in the unit price bid for "Exca- vation and Backfill". PIPE Ae General: All pipe sizes and types shall be as required by the contract drawings and Special Provisions of these specifications. Cast Iron Pipe: Unless otherwise required, all cast iron pipe shall be thickness Class 22, centrifugally cast from minimum 18/40 strength iron and manufactured in accordance with ASA Specification A21.6 (AWWA C106-62). All cast iron pipe shall have a minimum 1/16 inch cement mortar lining conforming to AWWA Specification C104-64 All fittings shall be manufactured in accordanc- with ASA Specification A21.10 (AWWA Cll0) for 150 psi working pressure. Asbestos Cement Plpe~ All AC pipe shall be Class 200 conforming to the latest revision of ASTM Specification C 296. Fittings shall be bell and spigot type at least equal to the "Ring Tit." design as manufactured by the Olympic Foundry and otherwise conforming to ASA Specification A21.10 (AWWA Cl10). Pressure ratings shall be at least equal to that of the pipe. O/O - ~9 w-9 Ds Ductile Iron Plpe~ Unless otherwise required, all ductile iron pipe shall be thickness Class I conforming to ASA Specification A21.51 (AWWA C151). Ail ductile iron pipe shall have a minimum 1/16 inch cement mortar lining conforming to AWWA Specification C104-64. All fittings shall be manufactured in accordance with ASA Specification A21.10 (AWWA Cll0) for a minimum 250 psi working pressure. me Galvanized Wrou~ht-Iron Pipe~ All galvanized wrought- iron pipe shall be standard weight conforming to ASTM Specification A72. All fittings shall be galvanized m~lleahle iron screwed fittings with strength character. lstlcs equivalent to the pipe. Copper Service Pipe, Copper service pipe shall be cold drawn, seamless soft annealed pipe conforming to A.S.T.M. Specification B88, type "K" as manufactured by the American Brass Co. or approved equal. 4.7 ~TE VALVES AND_VALVE BOXES 4.8 Gate Valves: Gate valves shall be iron body, fully bronze mounted, double disc, parallel seat valves as m-nufactured by Mueller Company or equal, and in accordance with A.W. W.A. Specification C500-61, "Gate Valves for Ordinary Water Works Service." All valves shall here non~lsing e~em & open counter-clockwise. Valves shall have mechanical or push-on Joint ends. Valve Boxes: Valve boxes shall be cast iron of sliding adjustable height type with round or oval bottom hood sections to fit over the top of valve. The top section shall be recessed to receive a closed fitting "eared" lid with the word "water' cast into it. Castings shall he smoo~hwith a 5/16 inch minimum thickness and a mln~ lmum 5 inch internal diameter. Valve box sections shall be dipped in coal-tar pitch. FIRE HYDR,A~T ASSEMBLIES Ae Fire H2drants, Fire hydrants shall conform to A.W.W.A. Specifications C502-64, "Fire Hydrants for Ordinary Water Works Service." All hydrants shall be equipped with 5 inch main valve openings and shall have 6 inch A.S.A. Class 125 standard mechanical Joint hub ends for connecting to the auxiliary gate valve. Fire hydrants shall be Mueller improved and equipped with an auxiliary gate valve and valve box asshown on the standard detail. All connections will be mechanical Joint unless otherwise approved by the Engineer. Fire hydrants shall be furnished as indicated on the drawings and bid schedule with the following types of hose connections, All hydrants shall have TWO two and one-half (2-1/2") inch hose connections and ONE four and one-half (4 }") inch pumper connection. All hose threads shall be National Standard threads. Standard fire hydrants shall be furnished with a l0 foot bury. The working parts of all hydrants shall be bronze or non- corrodible metal. Painting and coating shall be in accordance with the cited A.W.W.A. Spec- ifications. Color of paint shall be "Cater- pillar Yellow." 3. The direction of opening for all hydrants shall be "clockwise." ~team.T~aw Pipe, Steam thawing pipe shall be of galvanized wrought-iron, shop perforated, lr~talled in accordance with the Standard details. 4.9 ADJUST FIRE HYDRANT At some locations, the installation of a 10 foot bury hydrant m~y place the traffic flange either too high or too low in relation to the surrounding ground. At the direction of the Engineer, the Contractor shall "Adjust Fire Hydrant" in height using barrel or extension sections conforming to AWWA Specification C502-64 as manufactured for the hydrant being adjusted. All work shall be accomplished in accordance with the m~nufacturers recommendations. 4.10 PIPE INSTAi~TION General, All pipe shall be laid to true line and grade with the spigot end fully seated into the adjacent bell. Backfill under and around the pipe shall be fully tamped so that no voids exist that will allow bridging or settlement of the pipe. All faulty wowkm-nshlp and all m-terlals found to be defective before or after installation shall be replaced, repaired or corrected to the satisfaction of the Engineer without additional expense to the Owner. Cutting of pipe shall be done in a workmanlike manner as recommended by the m~nufacturer and approved by the Engineer. Open ends of pipe and appurtenances shall be protected with an approved plug or screen at all times when necessary to prevent earth or other substances from entering the pipe. The entire system shall be flushed clean of all debris prior to being placed in service. D/0-69 W-11 De Alignment and Grade, The pipe alignment and grade shall be carried by a competent surveyor using a transit and surveyor's level. Adequate standard construction notes relating to line and grade shall be kept by the Con- tractor's surveyor and shall be made available to the Engineer upon request. These notes shall include, but not be limited to, the horizontal and vertical location of the pipe and appurtenances being installed and all other conduits, pipes or permanent structures that are revealed by the trench excavation. These locations may be by elevation and pipe stationing with other dimensions and descriptions as required. The invert of the pipe shall be laid within 0.30 feet of design ~levatlons. The alignment of the pipe shall appear straight to the eye but shall not deviate from design location by more than 0.50 feet. C. Joints and JointinE, Cast I~on...,or.Ductile ~ron Pipe, All Joints for cast iron or Ductile iron pipe shall be either an approved standard manufacture of mechanical Joint or a push on Joint (i.e. "Tyton' or equal). All Jolntlng shall be accomplished in accordance with the manufacturers recommendations, as approved by the Engineer. To assure electrical continuity, lead tipped gaskets shall be used In all mechanical Joints and serrated bronze wedges (or an equally effective device) shall be installed in all push-on Joints. The number and location of bronze wedges (or equal device) shall be in accordance with the manufacturers recommenda- tions provided, however, a minimum of two such wedges shall be used, per Joint. Asbe2tos Cement Pipe, All Joints for Asbestos Cement pipe shall be an approved standa~ manufacture of push-on Joint (I.E. 'Ring Tlte' or equal). All Jointlng shall be accomplished in accordance with the manufacturers recommendations, as approved by the Engineer, using gaskets conforming to ASTM Specification D1869-63T.. Thrust Blocks, Concrete thrust blocks shall be installed in accordance with the standard details at all tees, crosses and bends 22~° ~ greater in deflection except that pre-cast blocks may be used where approved by the Engineer. Ail thrust blocks shall be of concrete having a mlnim,~m compressive strength of 2500 psi after 28 days. D/O - 6 * W- 12 4.11 Flushing: Before the pressure or leakage tests are performed and before the system is sterilized, all newly laid mains shall be thoroughly flushed to remove all foreign m~terlal. "Open bore' flushing shall be accomplished at the end of each end of the system so that all parts will be cleaned. The use of fire hydrants for this initial flushing will not be permitted. All flushing of newly constructed mains will be done between the hours of 8,00 p.m. and 6~00a.m., unless otherwise approved by the owner of the system. HYDROSTATIC TESTS Ggneral, After ~ackfllling or after 24 hours notice by the Engineer, all newly laid water mains and appurtenances shall be subjected to pressure and, if applicable, leakage tests. Equipment for testing and all cost for labor, material and supplies shall be furnished by the Contractor at his own expense and no extra payment will be m-de therefor. The Engineer shall have the right to'test and approve all gauges used. Where any section of a main is provided with concrete thrust blocks for fittings or hydrants, the hydrostatic test shall not be made until at least 5 days after installation of the thrust blocks unless otherwise approved. The Contractor shall suitably valve-off or plug the outlet to the existing or previously tested water m-in prior to m-king the required hydrostatic tests. Hydrostatic tests will be performed on every 1,000 foot section of new constructed waterline or to the nearest valve within or beyond this distance. Pressur~ Test, Before applying the specified test pressure, all air shall be expelled from the pipe. If permanent air vents are not located at all high points, the Contractor shall install corporation cocks at such points so the air can be expelled as the line is filled with water. The newly laid piping, or any valved section thereof shall be subjected to a hydrostatic pressure tes~ of 150 pounds per square inch. After the required test pressure has been reached, the p,,mping will be term- inated. If the pressure (150 psi) remains constant for 15 minutes without the aid of a p,,mp, the waterline will not be subjected to any further hydrostatic test. If the pressure (150 psi) does not remain constant for 15 minutes a leakage test will follow. Ail valves within the section of line being tested will be closed and re- opened as directed by the Engineer, after the required pressure (150 psi) has been obtained and prior to the 15 minute constant pressure test. D/O - 69 W-13 4.12 Ce Lea~age Test, The duration of each leakage test shall be at least 2 hours and during the test the main shall be subjected to a constant pressure of 150 pounds per square inch for 2 hours. Leakage for any newly laid pipe or any valved section thereof is defined as the quantity of water that is necessary to maintain the specified leakage test pressure after the pipe has been filled with water and the air is expelled. The allowable leakage per 100 feet of main at 150 psi is as follows: PIPE DIAMETER (INCHES) GALLONS PER HOUR 6 0.1191 8 0.1588 10 0.1986 12 0.2383 16 0.3177 De Fallure of Pressure and Leakage Test, Cracked or defective pipe, gaskets, mechanical Joints, fittings, valves or hydrants discovered as a consequence of the hydrostatic tests shall be removed and replaced with sound material at the Contractor's expense. The test shall then be repeated until the results are satisfactory. STERILIZATION OF PIPE LINES Ae General: After pressure and leakage tests and before being placed into service, all newly laid water mains shall be thoroughly flushed to remove any foreign matter. The mains shall be sterilized after flushing. "Open Bore" flushing will be accomplished at the end of the main with pipe furnished by the Contractor. All flushing of new constructed lines will be done between the hours of 8:00 p.m. and 6:00 a.m. at no cost to the Owner. Be Method of Sterilization: Chlorine ~hall be used for sterilization. Chlorine may be applied by any of the following methods, (1) liquid chlorine gas-water mixture, (2) direct chlorine gas feed or (3) calcium hypochlorlte and water mixture. The chlorinating agent shall be applied at the beginning of the section adjacent to the feeder connection and shall be injected through a corpor- ation cock, hydrant or other connection insuring treatment of the entire line. Water shall be fed slowly into the new line with chlorine applied in amounts to produce a dosage of 40 ppm to 50 ppm. Mains previously filled shall be treated to a concentrated dosage at intervals along the line and retained for a period of 8 hours or more. D/O o 69 W-14 A residual of not less than 5 ppm chlorine shall be produced in all parts of the line. Dttring the chlorina- tion process, all intermediate valves and accessories shall be operated. Valves shall be m-nlpulated so that the strong chlorine solution in the line being treated will not flow back into the line supplying the water.. After chlorination, all water with a higher chlorine content than that at the permanent source of supply shall be thoroughly flushed from all parts of the new system. 4.13 CONCRETE Concrete shall be proportioned so as to give a minlmum 28 day test strength of 2500 psi. It shall contain a maximum 3/4 inch well graded aggregate, no more calcinm chloride than 2 percent by weight of cement and have a maximnm slump of 4 inches. No air entrainment will be permitted. High early cement may be used~ however, no addition of calcium chloride or similar admixture shall be permitted. Transit-mix concrete m.y be used provided that the central plant producing the concrete and the transporting equipment is approved by the Engineer. Retempering of concrete will not be allowed. The laying of any concrete during adverse weather conditions will be at the Contractor's risk and any damaged sections o~ concrete must be replaced at his own expense. Concrete shall be placed using standard industry equipment and methods approved by the Engineer. At the request of the Engineer, the Contractor shall provide standard test cylinders for testing by the Owner. Tests on concrete thatCh as replaced lnadeqn~te concrete shall be at the Contractor's expense. 4.14 SERVICE CONNECTIONS After the system has been properly flushed and has passed the hydrostatic and leakage tests but before it has been sterilized, service connections shall be installed in accord- ance with the standard details at locations shown on the plans or directed by the Engineer. The trenches shall be excavated sufficiently deep to permit installation of the services at an elevation at least ten (10) feet below the proposed street grade at all points. Where the ground at property line is higher than that at curb line, extra care shall be exercised in determining the depth of the service behind the curb to minimize the possibility of future landscaping leaving the service less than ten (10) feet deep. The main shall be exposed on both sides to the bottom of pipe for a distance of four(4) feet. The minimum width of trench for double service connections (two complete services In one trench) shall be four (4) feet and two and one-half (2~) feet D/0-69 W-15 4.15 4.16 for single services. After the service lines have been completed and inspected the trenches shall be backfllled using original material free of frozen or unsuitable m-terial~ however should the original material not be acceptable, then the Contractor shall "Furnish and Place Pit-Run Gravel' as directed by the Engineer. When required for the water m~in installation, the service line trenches shall be compacted to 95% of maximum density in accordance with 4.4C~ however the cost of such compaction shall be included in the unit bid price for "Furnish and Install Service Connections'. When backfill is completed, the key box shall be vertical and the thaw wire continuous, undamaged and in place. The Contractor shall mark the key box with a vertical 2 x 4 board extending from the service pipe to at least two feet above the ground surface. The word "Water' shall be painted neatly near the top. F~CASEMENT OF,S~WER MAINS Where required on the plans or directed by the Engineer, the Contractor shall encase the sewer m-in for a distance of ten (10) feet perpendicular to the water meln in accord- ance with the standard detail. As an alternate to the concrete encasement, the Contractor may replace an equal length of sewer m-In with cast iron olpe using water tight Jolnts.'~The Joints,,cSnnecting<the cast iron pipe to the original sewer main at each end of the eh- casement shall be accomplished using a Standard manufacture flexible Joint fitting such as Smith Blair 271,411,433 or 431 (or approved equal) having a minimum length of 7 inches. MISCELI~EOUS ITEMS A. Drainage, The Contractor shall m-intain all water courses which are interrupted by his work. Be Detours, Where construction is along traveled roads, especially thoroughfares, and through traffic is denied. detours will be constructed, maintained, watered and properly posted during the period of construction. Restoration and Cle~nup, It is intended that all property, including ditches, culverts, fences, ground profile, etc. be left as nearly as possible in a condition at least equal to that existing prior to construction. No separate payment will be made for the previous items. Payment shall be included in the unit prices bid for the various bid items. D/O- 69 W-16 4.18 4.19 OWNERS USE OF COMPLETED PORTIONS The use of any portion of the system under these specifications or under those conditions as outlined under Article 29 of the General Provisions shall not relieve the Contractor of his obligations to complete the entire system in accordance with the contract and specifications. 0BVIOU~ DISCREPANCIES OF PLANS AND FIELD STAKES In addition to those requirements under Article 4 of the General Provisions, the Contractor shall immediately verbally notify the Engineer of any discrepancies or' omissions in the plans, field st~kes, etc. that directly effect the progress of the Contractor's crew. Any work done after such discovery, until authorized, will be at the Contractor's own risk. MEASUREMENT, AND PAYMENT A. General me Quantity Variance~ The quantities listed in the bid proposal are approximate only and are to be used for the purpose of bid comparisons and determining bonding requirements. Deviation in the actual q,~antltles, either above or below the estimated qn~ntltles, shall not be a cause for adjustment of the contract unit prices except when such deviation occurs in a m-Jor pay item and exceeds 25 percent of the estimated quantity for that specific m-Jor pay item. A major pay item is one that constitutes at least l0 percent of the total contract amount. Where the actual quantity for a specific m-Jor pay item varies by more than 25 percent from that estim-ted, either party to the con- tract may m~ke demand for negotiation of a new unit price for that specific m~Jorppay item. The party making such demand shall be responsible for proving his claim of additional cost or credits due. The Owner expressly reserves the right to m-kc reason- able chan~es in design or to omit or add to portions of the work without being responsible to the Contractor for extra costs except as provided above or in the General Provisions of these specifications. Volume Measurement~ All volume measurement shall be determined by the standard average end area method of calculation, measured in place in a fully consoli- dated state except when specifically required to be by truck count. All truck count volume measurement shall be the product of the number of truck loads hauled and the actual volume of an average truck load hauled. D/0- 69 W-17 B. Trench Excavation and Backfill Measurement~ The depth of trench shall be measured from the ground surface immediately above the center of pipe to the actual invert grade of the pipe unless deeper excavation is required by the Engineer. The linear measurement of trench will be along the slope of the pipe from center of m.nhole to center of m~nhole, center of cleanout ~ye or end of outfall pipe. m Payment, Payment will be in accordance with the unit price bid for "Trench Excavation and Backfill' at the various total depths as set forth in the bid. The unit price bid shall constitute full compensa- tion for the completion of the l~ea as hereinbefore described in Paragraphs 4.3 and 4.4 except as speci- fically exempted. C. Removal and Disposal of Unsuitable Material From ~rench Measurement~ The cubic measurement of pay quantity under this item will be the product of the cross sectional area of the material removed within the bounds of the 'Standard Trench Section' (as shown on the plans) and the linear measurement of trench from which the m-terial is removed. Pa2ment, Payment for "Removal and Disposal of Unsuitable Material from the Trench" shall be at the unit price bid which shall constitute full compensation for the completion of this item in accordance with Paragraph 4.3D of these specifications. D. F.urnlsh.,.and Place. Pit-Run Gravel Measurement, Except as otherwise specified below, the cubic measurement of pay quantity under this item will be the product of the cross sectional area of the m~terial finally placed within the bounds of the "Standard Trench Section" and the linear measurement of trench in which the m~terial is placed. Pit run gravel directed to be used in replacing gravel cap roadways shall be measured in place, compacted, using average end area method of calculation. Pit run gravel directed to be used to replace unsuit- able material removed from the surface of streets or alleys or used merely for the consolidation of previously backfllled roadways (see Paragraph 4.4B) shall be measured by truck count. D~0°6~ W-18 P~yment~ Payment under this item shall be at the unit price bid for #Furnish and Place Pit-Run Gravel' and shall constitute full compensation for completion of this item in accordance with Paragraph' 4.4 or where otherwise specified. R~moval and Disposal of Unsuitable M~terla~ From Surface of Streets or Alleys: Measurement and payment under~this item shall be as specified in Paragraph 4.4B. Furnish and Install Pipe, Measurement of water mains will be along the slope of the pipe from end of pipe to end of pipe. from tee to end of stub and from tee to center of hydrant for the various sizes of pipe. Payment will be made at the contraot unit price per linear foot for the various sizes of pipe as set forth in the bid. The unit price shall include all la~r, equipment and m~terlals necessary to complete the items as hereinbefore described in Paragraphs 4.6, 4.10, 4.11, and 4.12 unless specifically exempted. G. Compaction to 95~ of ~aximnm Density: me Measurement, Q,,~ntities under this item shall be measured along the center lines of pipe from end of pipe to end of pipe, from tee or cross to end of pipe and from tee to center of hydrant for which the .backfill is computed under this item. ® Payment, Payment will be made in accordance with the unit price bid for 'Compaction to ~95% of Maximum Density" per lineal foot regardless of depth of trench. Such payment shall include full compensation for com- pleting this item in accordance with Paragraph 4.4C of these specifications. The Contractor shall be responsible for payment for unsuccessful soil density tests taken to the densities achieved on the various lifts. H. Spec~.al Backfill Conso.!ldatlon, me Measurement, "Special Backfill Consolidation" shall be measured along the cenberline of pipe from end of pipe to end of pipe, from tee or cross to end of pipe and from tee to center of hydrant for which the back- fill is compacted under this item. e Payment, Payment will be ~de in accordance with with the unit price bid for "Special Backfill Con- solidation" per lineal foot regardless of depth of trench. Such payment shall include full compensation for completion of this item in accordance with Paragraph 4.4D of these specifications. W-19 I. Remove 9nd Replace ExlstlnK Asphalt or Concrete ?&vement~ Measurement~ Pavement authorized to be removed and replaced shall be measured per square yard complete in place· Pa~.ment~ Payment will be m~de in accordance with the unit price bid for "Remove and Replace Existing Asphalt or Concrete Pavement" and shall include full compensa- tion for completion of this item as required under Paragraph $.5 of these specifications· J. Furnish and In~tall Gate Valves and Valve Boxes~ 1. Measur~ment~ The actual number of gate valves of each size installed shall be measured complete in place. Pa~ment, Payment will be made.in accordance with the unit price bid for "Furnish and Install Gate Valve and Valve Box" for the separate sizes. Such payment shall be full compensation for completion of the item as required by these specifications and standard details. K. Furnish amd Install Fire H2drant Assemblies, Measurement, Hydrant assemblies shall be measured as units complete in place including the tee at the main, the anchor coupling, gate valve and valve box. thaw pipes and the hydrant specified. 2. Pam~ Payment for "Furnish and Install Fire Hydrant ~mblles" shall include full compensation for the ~SS~ completion of this item in accordance with the standard detail and these specifications· Separate payment shall be made for the hydrant lead under "Furnish and Install 6 inch CI Pipe"· L. Adjust Fire Hydrant, Measurement, Measurement of "Adjust Fire Hydrant" shall be per lineal foot of adjustment in height from the standard ten (10) foot bury hydrant specified. Pa2ment, The unit price bid for "Adjust Fire Hydrants" shall include full compensation for all labor, materials and equipment necessary to install the necessary ex- tension sections or barrel sections as directed by the Engineer. The unit price bid shall be for each one- half (~) foot of adjustment required. D/O -69 W-20 Encase Existing S~nitary Sewers me Measurement: The encasement of existing sanitary sewer mains shall be measured complete as units in place regardless of the size of mein encased. Measurement shall be the same whether the sewer main is actually encased with concrete in accordance with the standard detail or replaced with cast iron pipe as permitted by the specifications. Payment: Payment shall be in accordance with the unit price bid for "Encase Existing Sanitary Sewer" and shall include full compensation for all necessary excavation, backfill, compaction and other labor, materials and equipment necessary to complete the item. N. Furnish and Install Service Connections, Measurement: Measurement of quantities under, this item shall be by units complete in place for either "Furnish and Install Double Service Connection" or "Furnish and Install Single Service Connection" as actually installed. Payment, Payment for "Furnish and Install Double Service Connections" shall be in accordance with the unit price bid and shall include full compensation for all labor, materials and equipment necessary to completely install two (2) 3/4 inch service connections in one excavation, per the standard detail including excavation, backfill and compaction. Payment for "Furnish and Install Single Service Connections" shall be in accordance with the unit price bid and shall include full compensation for all labor, m~terial and equipment necessary to completely install one 3/4 inch service connection per the standard detail, including excavation, backfill and compaction. Incidental Items: All other items necessary for the logical completion of this contract, not mentioned here or otherwise covered in the special provisions are con- sidered incidental to the contract and will earn no separate payment. However, the Contractor will be required to complete thos incidental items as~though specifically required by these specifications. D/O -49 W-21 EAGLE RIVER HEIGHTS UTILITIES INC. 197~ WATER LINE EXTENSIONS EAGLE RIVER, ALASKA "CONSTRUCTION SPECIFICATIONS" Dan Renshaw, P.E. A Professional Engineering Corporation S19 Eighth Ave. Rm. 209 Anchorage, Alaska INTRODUCTION These contract documents, including specifications and drawings prepared by Dan Rensha~v P.E., included herein physically or by reference., constitute the contract. Eagle River Heights Utilities, Inc., herewith seeks a Contractor of honest and reliable reputation to perform the construction as outlined in the contract. Consideration for satisfactory performance by the Contractor shall be determined by unit price agreement prior to signing the attached contract agreement (form of contract). The specifications and plans made a part of this contract outline the scope of the project and specify construction materials and desired results. The Contractor shall strictly adhere to the specifications and plans to obtain those desired results. CONTENTS Ao De AGREEMENT BID SCHEDULE TECHNICAL CONDITIONS 1. Excavate and backfill ditch for waterline 2. Install Owner furnished 6~inc~an~ 8 inch:2'~ diameter cast 'iron pipe and appurtenances 3. Install Owner furnished gate valves and valve boxes Install Owner furnished copper water service connections and line bleeders ~o Clean up and' grade, roads SPECIAL CONDITIONS 1. Statement of Intent 2. Scope of Work 3. Owner supplied materials 4. Unit Prices 5. Time for construction and notice to proceed GENERAL CONDITIONS 1. Definitions 2. Line and Grade Control 3. Inspection and acceptability 4. Contractor competence and bonds S. Liability 6. Save Harmless 7. Plans and Specifications 8. Assignment and subcontractors 9. Guarantee 10. Change orders and extra compensation 11. Payment to Contractor 12. Liquidated Damages A. AGREEHENT (Form of Contract) This agreement made this day of , 1971, by and between , a corporation organized and existing under the laws of the state of · a partnership or individual trading as , hereinafter called the "Contractor", and Eagle River Heights Utilities Incorporate, hereinafter called the "Owner". Witnesseth, that the Contractor and the Owner for the consideration stated herein mutually agree as follows: 1. Statement of Work The Contractor shall furnish all labor, equipment and capital necessary to perform and complete all work required for excavating utility ditch, placing Owner supplied pipe and appurtenances, backfilling ditch, and all associated work re~ quired, for the completion of the 1975 extensions of the Eagle River Heights Utilities Incorporated Water System, in strict accordance with the speci- fications and drawings prepared for the project by Dan Renshaw P.E. Ail specifications, drawings and future change orders are incorporated herein by reference and made a part hereof. 2. Contract Consideration The Owner shall pay the Contractor for the strict performance of the contract, subject to additions and deductions as provided in the specifications, the sum of dollars [ ). 3. Contract Documents The total contract shall consist of the following component parts: a) This agreement b) Technical Conditions c) Special Conditions d) Drawings e) General Conditions This instrument· together with the other documents enumerated, which said other documents are fully a part of the contract as if hereto attached or herein repeated, form the contract. In the event that any provision in any component part of this con- tract conflicts with any provision of any other component part, the provision o£ the.component part first above enumerated shall govern,except as otherwise specifically stated. Change orders A-1 to the contract shall supercede in importance all contract provision except this agreement. In withness whereo£, the Contractor and Owner have caused this instrument to be executed in three original counter- parts. Attest: Contractor By Title Address Attest: Owner By Title Address A-2 BID SCHEDULE Eagle River Heights Utilities Inc. Water System - 1972 Extensions Sub Schedule No. 1 Eagle River Heights - North Subdivision Pay Item No. Quant. hot. feet 968 hot. x'oot each 15 each 1 job Pay Item N~me Unit Bid in Words Excavate and backfill ditch for waterline, per horizontal foot Install Owner furnished 6 inch and 8 inch diameter cast iron pipe and appurtenances, per horizontal foot Install Owner furnished gate valve and valve boxes, per eaoh Install Owner furnished · water service connections and line bleeders, per each Clean up and grade roads, lump sum Unit bid Item Total Sub Schedule No. 1 Estimated sub schedule price BS-1 Sub Schedule No. 2 Meadow Brook Subdivision Pay Item No. o Est. Quant. 8OO hot. feet 800 hot. foot each e ach Pay Item Name Unit Bid in Words Excavate and backfill ditch for waterline, per horizontal foot Install Owner furnished 6 inch and 8 inch diameter cast iron pipe and appurtenances, per horizontal foot Install Owner furnished gate valve and valve boxes, per each Install Owner furnished water service connections and line bleeders, per each Clean up and grade roads, lump sum Unit Lid Item Total Sub Schedule No. 2 Estimated sub schedule price Sub Schedules No. 1 and 2 Estimated total project price BS-2 C. TECHNICAL CONDITIONS This section of conditions is divided into five!'(5)~ sub- sections. The number of each subsection is identical, with the pay item number that appears on the "Bid Schedule" and fully describes the work entailed under that pay item. The pay item name column on the Bid Schedule contains a contracted work description, referring to the full description found in this section of the contract conditions. Each pay item shall be understood to include providing all labor, supervision, equipment and capital necessary to accomplish the work entailed. 1. Excavate and Backfill Ditch for Waterline. DESCRIPTION This work shall consist of excavating utility ditch to reasonable line and grade limits and with quality of workmanship necessary to place water utility line to design line and grade without requiring backfill under the utility line. Also included is the backfill of the ditch with excavated materials and the reason- able compaction of these materials. Contractor shall be responsible for acquiring all permits required for right of way use prior to construction. INCLUDED CONTRUCTI ON The Contractor shall excavate the waterline ditch, stockpiling all excavated materials on the right of way provided. The Contractor shall be responsible for shaping the ditch to assure safe and stable wall conditions and shall follow all reasonable safety practices. The Contractor shall maintain a dry ditch at all times disposing of surface and ground waters in a method that will minimize the nuisance created by their presence. The Contractor shall backfill the utility ditch after completion of pay items 2 & 3. Care shall be taken to obtain maximum compaction possible during backfilling through use of water in the ditch and backfilling in controlled laminations not to exceed 2 foot in depth. Foreign materials of an organic nature shall be excluded from the backfill. Large rocks excavated from the ditch (larger than one foot in nominal diameter) shall not be used in the backfill but left at the surface for disposal under pay item .5.. TC-1 Culverts or other beneficial objects disturbed by the Contractor during the course of construction shall be replaced by the Contractor to an equal or better condition than prior to construction at no additional cost to the Owner. The Contractor shall not be eligible for extra compensation due to adverse excavation conditions created by. ground water or soil conditions in- cluding soil/rock size. The typical trench detail section to be approximated by the Contractor within reasonable tolerances. The Contractor is warned that he shall expect excessive ground water conditions in at least 50% of all ditch constructed. Should the Contractor determine that clearing limits as shown on the plans are not adequate for his needs, additional clearing shall be conducted by the Contractor but ~n no case shall such clearing be performed outside the right-of-way provided. Ail organic matter and soil involved in the clearing process shall be disposed of on site as directed by the Owner. The Contractor shall use extreme caution while uncovering the existing water system near the intersection of ~Tonsina an~Cbl~ille ~,~ i Roads so as to not needlessly interrupt service to existing water consumers. 1,4E AS URE HENT This pay item shall be measured for payment by adding the total horizontal length of 6~noh~an~ ~ inc~ J,~ diameter pipe acceptably installed including valves, bends and tees. Excavation and backfill in addition to the length above enumerated shall not be payable but shall be performed at the Contractor's expense. PAYMENT Payment amount shall be determined by the product of the measured length of eligible excavation and backfill as determined above and the bid unit price appearing on the Bid Schedule. TC-2 2e Install Owner furnished ,6~inch and~8 inch'~ diameter cast iron water pipe and appurtenances. DESCRIPTION Ail cast iron pipe and fittings shall be pro- vided by the Owner. The Contractor shall load, haul, store and install those items of material needed to complete the contract, and return for Owner credit those items unused. INCLUDED CONSTRUCTION The Owner shall provide at Anchorage all the cast iron pipe and cast iron fittings necessary to complete the project. The Con- tractor shall receive these materials from the supplier at Anchorage, load and haul these materials to the project site and install all needed materials. Haterials on hand determined to be extra to the needs of the completion of the project shall be returned to the supplier by the Contractor and the Owner's account with the supplier shall be credited accordingly. The Contractor shall store the materials on the site in a manner that will not create a hazard and shall take full responsibility for liability created by the presence of the materials. Losses due to accident or theft shall be the sole responsibility of the Contractor. The Contractor shall install the material as directed by the contract drawings. All pipe shall be installed as per detail and in reason- able tolerances with line and grade. Bends, tees and other fixtures requiring thrust blocks shall be installed by the Contractor in accordance with the plans and specifications. Installation consitute pay item 2. Installation of gate valves and valve boxes is not included under this pay item. Pressure testing and sanitizing of the completed waterline is included under pay item 2. Upon completion of water system installation and prior to complete backfilling of the system ditch, the Contractor shall test the system for leaks by pressure testing. The Contractor shall sanitize the line and flush after sanitizing. Pressure testing, sanitizing and flushing shall be conducted as described in current City of Anchorage TC-3 Utility Specifications and said procedures are hereby incorporated into this specification by reference. All water line and appurtenances shall be installed by the Contractor so as to minimize the amount of sand and other foreign material allowed to touch and remain inside the installed system. ME AS URE~',IENT The acceptably installed horizontal footage of 6 inch an~[ 6 i~c~l - diameter water line including bends and tees shall be totaled and used as measurement for payment. This measurement shall be inplace, installed length. PAYMENT The measured footage obtained above multiplied by the unit price per foot from the Bid Schedule shall provide the amount of payment. A retainage of 10% shall be withheld from the Contractor to cover testing, sanitizing and flushing. This retainage is in addition to the normal 10% retainage withheld during payment for work partially completed. Install Owner Furnished Gate Valves and Valve Boxes DESCRIPTION The Contractor shall load, haul, store and install Owner provided gate valves and valve boxes of various sizes. INCLUDED CONSTRUCTION The Owner shall supply at Anchorage all necessary 6 inch an~ 8 inch diameter gate valves and valve boxes. The Contractor shall load, haul and store these materials assuming full liability upon receipt from supplier. Contractor shall install those materials needed to complete the project in conformance with the plans and specifications. All materials found to be excess to the needs of the project shall be returned to 'the supplier by the Contractor and the Owner's account credited. After installation all gate valves shall work well and ali valve boxes shall allow unobstructed access to the gate valves. Final top of valve TC-4 box shall be buried 3" below finished gravel road surface. Valves containing sand or other foreign materials will not be accepted by the Owner. MEASUREHENT Each acceptably installed gate valve and valve box combination shall be counted for payment. PAYMENT Measured units times price per unit from the Bid Schedule shall determine total payment. Install Owner furnished Copper ITater Service Connections and Line Bleeders DES CRI PTI ON Contractor shall excavate from property line to finished watermain, install O~ner furnished copper service connections, and backfill ditch after acceptance of connection by Owner. Owner to provide all materials. INCLUDED CONSTRUCTION The Owner shall provide all necessary water service fittings and materials. For water service connections the Contractor shall excavate from property line to completed water main as per detail. The service shall be installed and inspected by the Owner prior to backfilling. Initial backfill over all fittings and line shall be placed by hand means. Caution shall be exercised using mechanical backfilling to protect the installed service. Maximum compaction obtainable using water and backfill laminations not exceeding 2 feet in thickness shall be sought. For bleeder connections, the Contractor shall excavate and install as per the Owner's direction and plan detail. Inspection and backfill shall proceed as described above. Contractor shall be governed by the same comments regarding excavation and backfill as were outlined in pay mtem 1. Each acceptably completed water service ¢onnectioa and bleeder shall be counted ~or psyment. Total number of service connections and bleeders as ~eterminea above multiplied by the unit price each from the Bid Schedule shall yield the total payment. Clean Up and Grade Roads DESCRIPTION The Contractor shall consolidate brush and top soil in right-of-way accumulated as a result of construction and dispose of same as directed by the Owner. Large rocks excavated by the Contractor shall be removed from the subdivision and disposed of by the Contractor. Cleaned right-of-way shall be smooth graded by Contractor to provide a functional, crowned gravel surfaced roadway. INCLUDED CONSTRUCTION Ail brush, trees and other ogranics including top soil that had to be moved by the Contractor in order to complete this contract shall be consolidated within the subdivision as directed by the Owner. All rocks excavated and not useable as backfill shall be disposed of out- side the subdivision by the Contractor. The right-of-way used by the Contractor and cleaned as described above shall be fine graded by the Contractor so. that a pleasing and functional, crowned gravel surface road shall result. Additionally Contractor shall generally clean up the area influenced by construction so as to virtually eliminate all sign of construction. MEASUREMENT The acceptably completed clean up of the project area shall be considered one job. PAYMENT Lump sum payment as shown on the Bid Schedule shall be made for acceptable completion of clean up. TC-6 SPECIAL CONDITIONS 1. Statement of Intent Eagle River Heights Untilities, Inc. wishes to have water service supplied within its 197~ extension area located at Eagle River, Alaska. Plans and specification for the project have been furnished by Dan Renshaw P.E. Based on these plans and specifications agreement for construction will be by a unit price Bid Schedule with an honest and reliable Contractor and the Agreement (form of contract) signed. Be it hereby fully noted that the Contractor by signing the agreement does covenant to perform the work necessary for completion of the project in a diligent, workmanlike manner in strict accordance with the plans and specifications. The Owner has made available for the use of the Contractor the right-of-way of all the streets in the subdivision to be serviced with waterline. The Contractor covenants that he will not cause equipment and material to trespass or occupy land adjacent to the rights-of-way of the subdivision except as authorized by the Owner in writing. 2. Scope of Work The Contractor shall furnish all labor, equipment and capital necessary to perform and complete all work required for excavating and backfilling utility ditch, placing Owner furnished pipe and appurtenances including service connections, clean up as necessary and other services for construction of 197M extension of the Eagle River Heights Utilities, Inc., Water' System, all in strict accordance with the specifications, drawings, and future change orders thereto as prepared by Dan Renshaw P.E. 3. Owner Supplied Materials The Owner shall supply all material items required for this project. Where Owner supplied materials are specified only those materials shall be used for construction. Contractor shall assume liability for all materials received from the supplier and Owner shall check these materials prior to their use. Material of inferior quality shall be rejected and the Contractor shall supply substitute items. SC-1 The Contractor shall inspect all materials obtained from the supplier prior to removal from the place of business of the supplier to be sure only materials of acceptable quality are delivered to the job site. All materials found by the Owner to be of inferior quality shall be rejected by the Owner for use on this project. The Contractor shall then replace these rejected materials with materials of acceptable quality at his own cost, since defects in materials found at the job site will be assumed to be the fault of the Contractor. Determination of acceptable quality by the Owner shall be final. The Contractor shall inventory all Owner supplied materials to assure that construction is not delayed due to oversite by either Owner or Contractor. Material availability at the job site shall be the responsibility of the Contractor. Unit Prices The unit price bid for each item in the Bid Schedule shall include all labor, equipment, supervision and capital expenditures necessary to complete each item according to the plans and specifications. Only items of work listed on the Bid Schedule shall be pay items. The stated procedures for requesting extra compensation for work performed in addition to that agreed to must be followed if compensation is desired. The specific payment items listed on the Bid Schedule are fully explained in the Technical Conditions. Unit prices shall hold for all quantities in a range plus or minus 25% of the estimated quantities unless otherwise stated in the Technical Conditions. Changes in payment quantities greater than 2S% may lead to negotiation of change in unit price for that item. Time for Construction and Notice to Proceed Forty-five (45) calendar days will be allowed the Contractor for completion of the total work in- cluded under this contract. Extra work may or may not extend the completion date depending on specific negotiated settlements. Time will com- mence upon receipt by the Contractor of the written notice to proceed. Contractor shall commence construction as soon as possible after receipt of a written notice to pro- ceed issued by the Owner. The notice to proceed can be revoked at any time by issuance of a stop order by the Owner. Issuance of a stop order shall stop the running of the time for construction. SC-2 Work shall commence again only after receipt by the Contractor of a new notice to proceed. The Owner alone shall decide what conditions may require the issuance of an order to stop construction. GENERAL CONDITIONS 1. Definitions a) The term Contractor shall refer herein to that Contractor whose signature appears on the Agreement. b) The term Owner shall refer herein to Eagle River Heights Utilities, Inc. or its designated agent, such as the Owner's Engineer. References to the Engineer shall mean that Engineer appointed by the Owner. c) The term Project or Contract shall refer herein to the 1973 Extensions to the Eagle River Heights Utilities, Inc. Water System. 2. Line and Grade Control The Owner shall provide offset line and grade stakes at 100 foot intervals and at all grade changes. It shall be the Contractor's re- sponsibility to construct the system in full conformance with the plans and specifications through use of the line and grade data supplied by the Owner. Though all reasonable efforts shall be made by the Owner to provide error free control, it is necessary for the Contractor to assume final responsibility that the system is constructed as required. It is therefore the Contractor's responsibility to check all offset line and grade stakes prior to the use of same. Should the line and grade stakes be destroyed the Owner will replace same but will back charge the Contractor for the replacement time. Only the initial set of stakes are provided free of charge. Should the line and grade stakes be destroyed and the Contractor not request their replacement the Owner shall make a determination of whether the Contractor needs this control. If the Owner is of the opinion that the stakes are needed they shall be replaced at the Contractors~s expense. Every attempt shall be made by the Contractor to retain the line and grade stakes until periodic "as built" information is recorded by the Owner. The Contractor shall assist the Owner when he wishes to record such as-built information. GC-1 During the life of this contract if lot corners or other control not wholely within the right- of-way should be destroyed they will be replaced by the Owner at the Contractor's expense. Inspection and Acceptability The Owner shall from time to time inspect the progress of the Contractor. The Owner retains full authority to make value determinations of the Contractor's work and may require the Contractor to reconstruct portions of the work found to be faulty .do to material, or workmanship. All work shall be left uncovered in the ditch until inspected by the Owner. The Contractor shall backfill unin- spected portions of the project at his own risk and shall uncover same at no expense to the Owner if the Owner so requests. Incremental acceptance of the line during construction shall be subject to final system acceptability after sanitizing and pressure testing has been completed. Should the Owner at any time determine that he is not receiving the quality construction he seeks he may terminate the Contractor upon written notice. Upon receipt of the termination notice, the Contractor shall immediately remove his equipment and men from the job site and cooperate in every way possible in allowing a new Contractor to commence with the project. Only then shall termination negotiations commence between the Owner and Contractor· Contractor Competence and Bonds By signing this contract the Contractor agrees that he is familiar with the site and the work to be performed at the site, and further that he is fully competent i~ handling all work incident thereto. Contractor shall further assure the Owner of this level of competence by providing standard construction performance and payment bonds naming the Owner as beneficiary. Each bond shall have a face value equal to 100% of the estimated total contract amount. Surety and form of bond shall satisfy Owner's critical examination. Contractor shall make additions and corrections to the bonds as necessary to satisfy the Owner. GG-2 Liability Public and private property shall be honored by the Contractor and all due caution taken to preserve same. Hazardous conditions created by the Contractor shall be the Contractor's sole responsibility. The Contractor shall make every effort possible to minimize the hazards by barricading open trenches, lighting such hazards, locking securely all equipment, placing ladders in all trenches, and any other such steps possible. Proof of public liability and property damage insurance and workmen's compensations insurance shall be furnished to the Owner prior to signing of the agreement binding the contract. (Minimum $100,000 P.L.) Insurance coverage shall satisfy Owner's critical examination. The Contractor shall make additions and corrections to his insurance coverage as necessary to satisfy the Owner. Save Harmless The Contractor shall agree to indemnify and hold harmless the Owner and the Engineer from all suits, actions or claims of any character brought because of injuries or damages received or sus- tained by any person, persons, or property on account of the operations of the said Contractor; or on account of, or in consequence of any neglect in safeguarding the work; or through the use of unacceptable materials in constructing the work; or because of any claims, or amounts recovered from any infringements on patent, trademark, ordinance or decree. During the prosecution of the work, the Contractor shall be responsible for all damage or injury to any person or property of any character resulting from any act, omission, neglect, or mid- conduct'in the manner or method or executing said work satisfactorily, or due to the nonexecution of said work at any time, and said responsibility shall continue until the date of final completion and acceptance. Plans and Specifications The Contractor shall keep on the job site a copy of the plans and specifications and shall at all times give the Owner access thereto. Anything mentioned in the Specifications, will be of like effect as if shown or mentioned in the plans. Any discrepancies between the Contract Documents shall be called to the attention of the Owner who shall make a determination. The Owner will furnish from G~-3 10. time to time such detail plans and other information as he may consider necessary~ unless otherwise provided. Assignment and Subcontractors Assignment or subcontracting of any portion of the ~ork of this contract shall not be permitted unless circumstances make assignment or sub- contract of benefit to the Owner, circumstances to be determined by the Owner. Guarantee Neither the final certificate of payment nor any provision in the contract documents nor partial or entire use or occupancy of the premises by the Owner shall constitute an acceptance of work not done in accordance with the contract documents or relieve the Contractor of liability for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one year unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. ChaNge Orders and Extra Compensation Requests made of the Contractor by the Owner of a nature such that changes in expense or labor are not caused the Contractor may be verbal if the parties to this contract so desire. Changes to the plans and specifications that involve additional or less work, require more or less time and involve other contract items shall be in written form issued by the Owner. Should any change to this contract cause the Contractor to believe that extra compensation is due him, the Contractor shall in writing so request that extra compensation within 24 hours of commencement of the extra work. Claims for extra compensation for work performed prior to the 24 hour period shall not be honored. The 24 hours shall be timed from receipt of written request by the Owner. Extra compensation is defined as compensation for items other than those shown on the Bid Schedule. GG-4 11. 12. Payment ot Contractor The Contractor shall be eligible for stage payment 50 calendar days after receipt of notice to proceed. Request for stage payment shall be made of the Owner with the assistance of the Engineer. The Engineer shall determine extent of eligibility for work completed. Ten percent of the stage payment amount agreed upon shall be retained by the Owner until the contract has been completed, then paid the Contractor as a final payment upon acceptance of the completed project by the Owner. Liquidated Damages Failure of the Contractor to fully complete the project to the Owner's satisfaction within the time allowed for construction may at the Owner's option be interpreted by the Owner as intent on the part of the Contractor to abandon the project with or without unilateral declaration of sub- stantial completion. If suc]~ a circumstance occurs the Owner may terminate the Contractor. Upon termination the Contractor shall be paid for all work acceptably completed less the ten percent withheld for final acceptance. This amount shall be retained by the Owner as liquidated damages. GG-5