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