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New Fueling & Waste Oil System - 8777 SW Burnham Street t � NEW FUELING & WASTE OIL � SYSTEM � 8777 SW BURNHAM ST � TIGARD, OREGON t t t � TIGARD � WATER � DISTRICT t � OCTOBER 1988 t wr ri S P E C I F I C A T I O N S F O R T H E C O N S T R U C T I O N O F r NEW FUELING AND WASTE OIL SYSTEM AT THE TIGARD OPERATIONS CENTER +r r 8777 S. W. Burnham Street Tigard, Oregon w FOR rr TIGARD WATER DISTRICT 8841 S. W. Commercial Street Tigard, Oregon 97223 Phone: 1-503-639-1554 P OFFS �GINee � 7149 � ORE sw 06FRT E SPS October 1988 w■ ad .w F 0 R E W A R D rw 40 The documents and proposals which appear herein or for which provisions are made must be used in submitting proposals for con- struction and installation of a new fueling and waste oil system MW for Tigard Water District, Washington County, Oregon as defined by the plans and specifications therefore. +m PART I : (a) Public Notice as advertised (b) Notice to Contractors r.. (c) Proposal Forms (d) Typical forms for Performance Bond, Certificate of Insurance, and Agreement +� (e) Booklet on Prevailing Wage Rates PART II: Instructions to Bidders PART III : General Conditions PART IV: Special Provisions PART V: Technical Provisions ww rr rr PUBLIC NOTICE REQUEST FOR BIDS NEW FUELING AND WASTE OIL SYSTEM rr Written sealed bids will be received by Administrator Robert w.r E. Santee, Tigard Water District, Washington County, Oregon, until 1:00 P. m. , PDT, Wednesday, November 23, 1988, for the construction wr and installation of a new fueling and waste oil system consisting of three (3) underground tanks: two 2,000 gallon diesel and unleaded gas �r and one 550 gallon waste oil tank located at 8777 SW Burnham Street, Tigard, Oregon. Bids received after that time will not be considered. Proposals will include the latest requirements of the U.S. Environmental Protection Agency. Construction is scheduled to begin no later than December 5, 1988. No bid will be received or considered unless the bid contains a " statement by the bidder as a part of its bid that the provisions of ORS 279.350 (Prevailing Rate of Wage) are to be complied with. Bidders shall comply with Chapter 279, ORS, as well as any changes and amendments thereto. Prospective bidders must be prequalified in rrw accordance with ORS using regular AGC forms. To be eligible to bid on this project, prequalification forms must be received at the district err office, 8841 SW Commercial Street, Tigard, Oregon, not later than 1:00 p.m. , November 16, 1988. The decision of the water district with respect to qualifications of prospective bidders is final. wr One set of drawings, specifications, and forms of contract documents may be obtained at the district office after 1:00 p.m. , November 3, 1988. a.r A non—refundable fee of $10 will be charged for each set. ,w A surety bond, cashier's check, or certified check in the amount of 10% of the amount bid for the contract shall be attached to the bid. rr PUBLIC NOTICE -- Page 1 r�r PUBLIC NOTICE: (Continued) Bids will be publicly opened and read aloud by the Administrator st at the Tigard Water District office, located as noted above, at 2:00 p.m. , Wednesday, November 23, 1988. Each bid must contain a statement as to whether the bidder is a resident bidder as defined in ORS 279.029. Tigard Water District may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the district it is in the public interest to do so. Contractors need not be licensed under ORS 468.883. (Asbestos Abatement Projects) . ROBERT E. SANTEE, P. E. j Administrator TIGARD WATER DISTRICT Phone: (503) 639-1554 PUBLIC NOTICE-- Page 2 ------------------------------------------------------------------------ Publish: DAILY JOURNAL OF COMMERCE: November 1 & 2, 1988 Illli .rr NOTICE TO CONTRACTORS CONSTRUCTION OF NEW FUELING AND WASTE OIL SYSTEM w «r. FOR TIGARD WATER DISTRICT, WASHINGTON COUNTY, OREGON Sealed proposals will be received by Administrator Robert E. Santee at the office of Tigard Water District, 8841 SW Commercial Street, Tigard, Oregon 97223, until 1: p.m. , PDT, November 23, 1988 for the construction of a new fueling and waste of sys em consisting of the following underground storage: a. 2, 000 gallon diesel tank b. 2, 000 gallon unleaded gasoline tank C. 550 gallon waste oil tank The contractor for this work shall furnish all labor, equip- ment, materials (except as noted) , and services of all kinds to complete the work in accordance with plans and specifications therefore. Plans and specifications may be obtained at the office of Tigard Water District. rr Note: Construction site is located at 8777 SW Burnham Street, at the intersection of Hall Boulevard, Tigard, Oregon. This work will be performed in conjunction with ongoing construction of the new Operations Center. No conflicts with other trades are antici- pated. The site has been cleared and is mostly enclosed with a 6-foot high cyclone fence or brick wall. It is proposed that con- struction will begin no later than December 5, 1988 and be com- pleted by February 3, 1988 . M am �` NOTICE TO CONTRACTORS - Page 1 (ATTACH THIS FORM TO THE BOUND CONTRACT DOCUMENTS AND SUBMIT, COMPLETE, WITH THE BID) PREQUALIFICATION You are hereby notified that (Name of Bidder) has been prequalified in accordance with ORS Ch. 279 to submit this proposal inistrator (Date) Tigard Water District dw PROPOSAL TO: Tigard Water District ADDRESS: 8841 SW Commercial Street Tigard, Oregon 97223 TITLE: New Fueling and Waste Oil System BIDDER: CONTRACTOR'S .. LICENSE NO. (Where required by law) DATE: BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the bidder, declares that the only persons or parties interested in this proposal are those named herein, that this proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the owner, and that the proposal is made without a' any connection or collusion with any person making another pro- posal on this contract. Wr PROPOSAL -1- ow go The bidder further declares that he has carefully examined the contract documents for the construction of the project, that he has personally inspected the site, that he has satisfied him- gr self as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, ft as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the contract documents, and that this proposal is made according to the provisions and under the terms of the contract documents, which documents are hereby made a part of this proposal. The bidder further declares that the provisions required by ORS 279. 350 relating to prevailing wage rates shall be included in his contract. (Prevailing Wage Rates document attached hereto) . go The bidder further agrees that he has exercised his own judg- ment regarding the interpretation of subsurface information and has utilized all data which he believes pertinent from the engineer, owner, and other sources in arriving at his con- clusions. on- clusions. ■r CONTRACT EXECUTION AND BONDS The bidder agrees that if this proposal is accepted, he will, within ten (10) days, not including Sundays and legal holidays, after notice to award, sign the contract in the form annexed 16 hereto, and will at that time, deliver to the owner the performance bond required herein, and will to the extent of his proposal, furnish all machinery, tools, apparatus, and other means of con- struction and do the work and furnish all the materials necessary 66 to complete the work in the manner, in the time, and according to the methods as specified in the contract documents and required by the architect hereunder. START OF CONSTRUCTION AND CONTRACT COMPLETION TIME The bidder further agrees to begin work within ten (10) calendar days after the date of the "Notice to Proceed" from owner and to complete the construction of the project, in all to respects, within 60 calendar days after the date of the execu- tion of the contract by the owner or "Notice to Proceed" which- ever occurs later. no PROPOSAL _2- . fWi r ar. LIQUIDATED DAMAGES In the event the bidder is awarded the contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the contract documents, liquidated damages shall be paid to the owner at the rate of $100 per day for all work awarded under one contract until the work shall have been finished as provided by the con- tract documents. Sundays and legal holidays shall be excluded in determining days in default. RECIPROCAL PREFERENCE LAW ORS 279. 029 requires that public contracting agencies, in determining the lowest responsible bidder, to add a percent increase to each out-of-state bidder's bid price which is equal to the percent of preference given to local bidders in that bid- der's home state. In other words, if the low bidder is from a state that grants a 10 percent preference to local bidders, Tigard Water District must add 10 percent to that bidder' s bid price when evaluating the bid. MW LUMP SUM -BID `V The bidder agrees to accept as full payment for work pro- posed under this project as herein specified and as shown on the plans, based upon the undersigned's own estimate of quanti- ■W ties and costs, the following lump sum of: Dollars and Cents $ (amount written in words has precedence) Total Lump Sun PROPOSAL wr -3- rr TIME LIMIT ON PROPOSAL The proposal contained herein, and bid price, is valid for a period of ten (10) days after the bid-opening date. It is agreed that if the bidder is awarded the contract for the work herein proposed and shall fail or refuse to execute the rr► contract and furnish the specified contract bond within ten (10) calendar days after receipt of notice of award, then, in that event, the bid security deposited herewith, namely, a surety bond, cashier' s check, or certified check in the amount of 10% of the amount bid for the contract shall be retained by the owner as liquidated damages; and it is agreed that the said sum is a fair measure to the amount of damage the owner will sustain in case the �' bidder shall fail or refuse to enter into the contract for the said work and to furnish the contract bond as specified in the contract documents. Bid security in the form of a certified check #A shall be subject to the same requirements as a bid bond. BID OPENING All bids from prequalified contractors will be opened and read aloud at 2: p.m. , Wednesday, November 23, 1988 . NAME OF SUPPLIERS The names of suppliers will be shown as follows: a. Fiberglass tanks: b. Other: PROPOSAL -4- SURETY If the bidder is awarded a construction contract on this proposal, the surety who provides performance bond will be whose address is , Street City State The name of the bidder submitting this proposal is (Zip Code) doing business at (Street) (City) (State) Zip Code) which is the address to which all communications concerned with this proposal and with the contract shall be sent. The names of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested ,■. in this proposal as principals are as follows: IF SOLE PROPRIETOR OR PARTNERSHIP n . IN WITNESS HERETO the undersigned has set his (its) hand this day of 1g Signature of Bidder Title IF CORPORATION IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this day of 19 (SEAL) Name of Corporation By Title Attest (Secretary) aw PROPOSAL -5- r. err PERFORMANCE BOND* KNOW ALL MEN BY THESE PRESENTS, that we, the o ficial name form of as organization, and address of the Contractor and, if partnership, name of.partners Principal, and the name and address of the surety a corporation,duly authorized to do business in the State of a Surety, are jointly and severally held and bound unto name and address of the OQvner in the sura of d (the basic contract price, both in words and iCures for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns, firmly by these presents. THE CONDITION OF THIS BOND IS SUCH THAT WHEREAS , the Principal herein, on the (name of the Contractor) a day of 19 , entered into a contract with (the official name of the Obligee herein, which contract consists of Owner list of the Contract Documents as named in ..� the contract, including the contract itself) all as hereto attached and made a part hereof, whereby said Principal undertakes to do all labor, furnish all plant and equipment, and furnish all material in accordance with all the terms andconditions set forth in said Contract Documents; and promptly to make payment for all labor, services, and material and ray sums due the State of for industrial accident Performance Bond • 1 insurancc; and to save harmless the Obligee (rum any claims for damages or injury to property or persons arising by reason of sai-d work, as set out more fully in said Contract Documents;and to do and perform all things in said Contract Documents required, in the time and manner and under the terms and conditions therein set forth; and Ip conformity with all laws, state and national,applicable thereto. NOW, THEREFORE, if said Principal herein shall promptly pay all persons furnishing Labor, services, material or insurance to said Principal,or to his subcontractors,or to their assigns,on or about said work; and shall save harmless the 01..)ligec, its officers and agents, from all claims therefor, or from any claim for damages or injury to property or persons arising by reason of said work; and shall in the time and manner, and tinder the terms and conditions prescribed,well and faithfully do, perform, and furnish all matters and things as by them in said contract undertaken, , and as by law, state and national prescribed, then this obligation shall be void, but otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that this bond is subject to the following further conditions: (a) All material men anol all persons who shall sttpPly such laborers, mechanics or subcontr,tttorn with material,supplies, or provisions for carrying on such work, shall have a direct right of action against the Principal and Surety on this bond, second only to the right of the Obligee under this bond, which right of action shall be asserted in proceedings instituted in the appropriate court of the State of , and insofar as permitted by the laws of , such right of action shall be asserted in a proceeding instituted in the name of the Obligee to the use and benefit of the person, firm or corporation instituting such action and of all persons, firms,or corporations having,claims hereunder,and any other person,firm,or corporation having a claim hereunder shall have the right to be made a party to such proceeding (but not later than six months after the complete performance of said contract and final settlement and judgment rendered thereon). (b) In no event shall the Surety be liable for a greater sum than•thc penalty of this bond, or subject to any suit, action, or proceeding thereon that is instituted later than the period of time allowed by the applicable State or Federal regulation, after the complete performance of saidy contract and final settlement thereof. (c) S.tid Suety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration,or addition to the terms of the contract or to the work or to the specifications. . rrr Performance flond -2 +w +w. IN WITNESS WHEREOF,the parties hereto have caused this Bond to be executed in W. this�..._._day of ' 19— (SEAL)W (SEAL) (SEAL) (SEAL) (SEAL) Principal Witnesses: «r (SEAL) (SEAL) (SEAL) (SEAL) Surety Countersigned: F.csident Agent *Note: This form is subicct to the approval or change by the attorney or other person authorized to repmesent the Owner. **Note: The attorney-in-fact (resident agent) who executes the bond in behalf of the surety must attach to the bond a copy of his power of attorney notarized and effectively dated. aw Performance Bond •3 CERTIFICATE OF INSURANCE This is to certify to: That the following described policy or policies have been issued to: (Name and address of insured) By the Name and address of insurance company tirr Description of contract: !milsof Volicy Expiration Type of Covcr17e LI.'hility Numt-er Date 1. Workmen's Compensation Statutory 2. Employers' Liability $ Uodily Injury 'reperty Damaga° 3. Comprehensive General Liability A. Promises Fc Operations S S . S 13. IZlankct Contractual S S Independent `r $ C. Subcontractors Products Liability and r D Completed Operations S $ 4. Comprehensive Automobile S b 66 Liability (owned, hired & $ $ non-owned) 5. Builder's All Risk Expires 1'2:01 AM standard time at the address of named insured stated herein. 10 *Indicate the following property damage liability features Yes No ■6 1. "Broadform"including occurrence and care, custody, and control 2. Explosion,collapse, and underground damage exelusjons 66 The insurer agrees that it will notify in writin., of any material change, expiration, or cancellation of Cie above dascribed policies not less than 30 days before such chant:, expiration,or cancellation becomes effective. It is further agreed the above named Owner, his officers, agents (including the Engineer) and employees are included as additional named insureds but only as respects the performance of the above described contract. �rw Name of-insurance company Authorized Representative Date: AGREEMENT THIS AGREEMENT, made and entered into this day aw 1988, by and between hereinafter called the "Contractor" and TIGARD WATER DISTRICT, 8841 SW Commercial Street, Tigard, Oregon 97223, hereinafter called the "Owner. " WITNESSETH THAT: WHEREAS, pursuant to the invitation of the Owner, the Contractor did submit to the Owner a proposal containing an offer which was invited; and WHEREAS, the Owner has heretofore determined that said offer was the lowest and best submitted: NOW, THEREFORE, IT IS AGREED: �•• First: That the Contractor shall supply all labor and material necessary to perform and comply in every way with the requirements of those certain plans and specifications entitled: Construction of New Fueling and Waste Oil System Second: That in consideration of faithful compliance with the terms and conditions of this agreement the Owner shall pay to the Contractor at the times and in the manner +w provided in said specifications the total sum of Third: That the Contractor shall perform all work in accordance with the plans and specifications within 60 days after the effective date of "Notice to Proceed" , sub- ject to the penalties for non-compliance as outlined in the specifications. Time is of the essence to this Agreement. �. Fourth: That the Contractor shall ensure that all workers employed under this Agreement shall be paid the prevailing wage rate (s) as defined in ORS 279.352 and as contained in the attached booklet. Tigard Water District is hereby authorized to pay wages against funds due to the Contractor in the event the contractor or subcontractor fails to make prompt payment (OAR 839-16-020) . Contractor agrees to comply with the requirements of ORS 279.354 and OAR 839-16-010 for filing certified payroll statements. "' AGREEMENT - Page 1 of 2 Pages AGREEMENT (Continued) Fifth: That the Contractor shall show evidence to the Owner of carrying Liability and Property Damage Insurance coverage as referred to on Page GC-24 and Page GC-25 of the General Conditions Section of the Specifications, prior to owners issuance of the notice to proceed. Sixth: That the Contractor shall within ten (10) days from the date of notification by the Owner that this Agreement is ready for signature and before commencing work thereunder, furnish to the Owner and maintain in force during the continuance of this contract a performance bond satisfactory to the Owner in the full amount of the contract price for the faithful performance of this contract in all respects, and no contract shall be binding until the said bond is furnished and approved by the Owner, and if said bond is not so furnished within ten days herein specified, the contract may be immediately terminated without any notice or fur- ther action by either party and the proposed guaranty shall be forfeited. Seven: That the contract documents which are made a part of this Agreement by actual attachment or by this reference thereto are as follows: 1. The Detailed Plans titled: "Tigard Water District, Fueling Systems, " including the specifications thereto, together with those which may be issued as supplements thereto, prepared by owner, dated October 1988, and 2. The Proposal of the Contractor which was submitted to Tigard Water District on November 23, 1988 , the original of which is on file at the said district office, and to 3. Pages GC-01 through Page GC-42 of the General Conditions, including those sections covering insurance requirements, and 4. Special Provisions SP-01 through SP-28, and Technical Provisions (Materials and Performance) specifications, and 5. Attached booklet entitled "Prevailing Wage Rates for Public ai Works Contracts in Oregon, " effective January 1, 1988 . IN WITNESS WHEREOF, said Contractor and said Owner have caused this Agreement to be executed on the day and year first above written. TIGARD WATER DISTRICT By: Robert E. Santee Administrator By: AGREEMENT - Page 2 of 2 pages r. wr TABLE OF CONTENTS PART 11- INSTRUCTIONS TO BIDDERS Section Description Page 18-01 INTENT OF PLANS AND SPECIFICATIONS I B-01 I B-02 INTERPRETATION OF DOCUMENTS 18-01 +� IB-03 EXAMINATION OF SITE AND CONDITIONS IB-02 I B-04 QUALIFICATIONS OF BIDDER I B-02 1 B-05 PREPARATION OF PROPOSAL I B-02 to. I B-06 ALTERATION OF DOCUMENTS PROHIBITED I B-03 18-07 SUBMISSION OF PROPOSAL I B-03 I8-08 MODIFICATION OF PROPOSAL IB-03 I B-09 WITHDRAWAL OF PROPOSAL 18-03 IB-10 OPENING BIDS IB-03 IB-11 AWARD OF CONTRACT 18-04 IB-12 BASIS OF AWARD I B-04 I B-13 REJECTION OF BIDS 18-04 wr aw r PART II I NSTRUCTI ONS TO BIDDERS IB-01 INTENT OF PLANS AND SPECIFICATIONS It is the intention of these specifications to provide for careful, thorough and workmanlike construction procedure in the installation of materials and equipment and in the manufacturer and delivery of such materials and equipment. The bidder to whom the contract is awarded shall furnish all the material and labor necessary to complete said contract in accordance with all of its terms and conditions. The plans,standard*detail sheets, and specifications shall be considered and used together; anything appearing as a requirement of either shall be accepted as applicable to all even though not so stated therein or shown. Owner may furnish supplemental plans and specifications to define more clearly any requirement of the original documents; these shall be accepted by the contractor as of the same force and effect as though they had been Included among the listed drawings and in case of any conflict between the listed and the supplemental drawings, the' latter shall govern. The contractor shall not be entitled to extra payment because of his compliance with the requirements of such supplemental drawings unless they contain new requirements involving costs which clearly could not have been anticipated by an experienced contractor in his examination of the original listed drawings or could not rea- sonable be inferred therefrom as requirements of the contract. All specifications and notes appearing on the plans shall have the same force and effect as though they were repeated herein. IB-02 INTERPRETATION OF DOCUMENTS If a prospectim bidder is in doubt as to the true meaning of any part of the plans, specifications, or other proposed Contract Document, he may submit to Owner a written request for an interpretation thereof. The person.submitting the request will be responsible for its prompt delivery to the Owner. An interpretation will be made only by addendum duly issued by f. 1 B-01 owner and copy thereof will be mailed or otherwise delivered to each prospective bidder. The owner will not be responsible for any other form of explanation or interpretation. sF IB-M EXAMINATION OF SITE AND CONDITIONS Before making a proposal, the bidder shall examine the site of the work and ascertain for himself all the physical conditions in relation thereto. Failure to take this precaution shall not release him from his obligation as implied by the proposal he submits nor excuse him from performing the work in strict accordance with the requirements of the Contract Documents. No oral statement made by an officer, agent, or employee of the owner pertaining to the site of the work or the conditions under which the work must be performed will be binding on the owner. IB-04 QUALIFICATIONS OF BIDDER The owner desires that this project shall be.built by a contractor who is competent and adequately financed. The owner may request the bidder to submit a written statement to show experience in construction work of this character as an indication of qualifications and business standing. If required the bidder may make his statement in such form as may seem appropriate but it should be notarized and failure to comply with this request may cause rejection of the bid which is affected. IB-05 PREPARATION OF PROPOSAL ,5 Bids must be submitted by filling in with ink (or typing) each and every blank provided for such purpose in the form headed "Proposal" or if the bidder is required to provide a special form appropriate to the nature of his bid then such form shall be complete in all respects as required by the specifications if it is to merit consideration by the owner. Where indicated all blank spaces shall be filled in with words and figures. Written amounts shall take precedence where there is a conflict between the written amount and the figure. If the proposal is made by a partnership, it should contain the name of each partner and should be signed in the firm name, followed by the signature of a partner or that of a person duly authorized to act for and on behalf of such partnership. If made by a corporation, the proposal should be signed with the name of the corporation and the State in which incorporated, followed by the written signature of the qualified officer and the designation of the office he holds in the corporation. The address of the person, firm or corporation in whose behalf the proposal is submitted shall be given. The bidder shall comply with all other specific requirements of the proposal form. { IB - 02 rir ry. I8-06 ALTERATION OF DOCUMENTS PROHIBITED *, Except as may be provided otherwise herein, proposals which are incomplete or are conditioned in any way which the plans or specifications do not authorize, contain unverified erasures or alterations, include items rft which are not named in the proposal form or which are unlawful, may be rejected as informal. W IB-07 SUBMISSION OF PROPOSAL Each proposal shall be completely sealed in a package addressed as to required by the official advertisement, marked with the name of the bidder, the title of the project and the time of Proposal submission. The proposal must be delivered to the addresse at or before the time named in said advertisement. im IB-08 MODIFICATION OF PROPOSAL W Change in a proposal already delivered will be permitted only if a request for the privilege of making such modification is made in writing signed by the bidder and the specific modification itself is stated prior to the scheduled closing time for the receipt of proposals. To be effective every modification must be made in writing over the signature of the bidder; no other form of procedure will be acceptable. rw IB-09 WITHDRAWAL OF PROPOSAL ow A proposal may be withdrawn at any time prior to the scheduled closing time for filing bids. This may be done by the bidder in person or upon his telegraphic or written request. A telephone request for withdrawal of a aw proposal will not be recognized for this purpose. If withdrawal is made personally, .a written acknowledgment !hereof will be required. After the scheduled closing time for filing bids, no bidder will be permitted to withdraw his proposal unless no award of contract has been made prior to the expiration of fifteen (15) days Immediately fallowing the time when bids are submitted. Bids received after the scheduled closing time will be returned to the bidder unopened. IB-10 OPENING BIDS All proposals received prior to the scheduled closing time and which are not withdrawn as above provided will be publicly opened and road aloud even though theme may be irregularities or informalities therein, except that any proposal which is not signed or does not include the required proposal guaranty, will not be road and, consequently, will be rejected without consideration. IB - 03 •ar, IB-11 AWARD OF CONTRACT Within fifteen U5) calendar days after the opening of the proposals the owner will accept one of the proposals or reject all bids. IB-12 BASIS OF AWARD The award will be made to the responsible contractor who submits the lowest acceptable bid. IB-13 REJECTION OF BIDS The Owner reserves the right to reject any or all proposals or to waive any informalities therein if it is believed that the best interest of the owner will be served thereby. �i -IP I B-N rr. TABLE OF CONTENTS PART III - GENERAL CONDITIONS Section Description page GC -01 DEFINITION OF TERMS GC-01 1 . Definition of Terms GC-01 GC-02 PROPOSAL REQUIREMENTS AND CONDITIONS GC-04 1 . Inclusion of Proposal in Contract GC-04 GC-03 AWARD AND EXECUTION OF CONTRACT GC-04 1 . Time Reserved for Award of Contract and Preparation of Contract Documents GC-04 2. Contractor to Furnish Performance Bond GC-04 3. Execution of Contract GC-04 4. Examination of Plans, Specifications, and �. Site of Work GC-04 5.. Amount of Contract GC-05 GC-04 SCOPE OF WORK GC-OS 1 . Intent of the Plans and Specifications GC-05 2. Increased or Decreased Quantities GC-05 3. Alterations in Details of Construction GC-06 4. Extra Work - Additional Work GC-06 5. Protection of Work During Suspension GC-06 6. Final Trimming of Work GC-06 7. Final Cleaning Up GC-06 8. Removal of Contractor's Equipment and Materials GC-07 GC-05 CONTROL OF THE WORK GC-07 l . Authority of the Engineer GC-07 2. Deviation from the Plans GC-08 3. Interpretation of Contract, Specifications �. and Plans GC-08 4. Plans and Working Drawings GC-08 5. Quality of Equipment and Materials GC-10 aw 6. Quality of Workmanship GC-11 7. Specifications by Standard Designations GC-11 8. Equipment Review Data GC-11 • 9. Cooperation with Other Contractors GC-12 r TABLE OF CONTENTS Part III - General Conditions (Cont'd) Section Description page 10. Contractor to Have Representative on Work GC-12 11 . Information Regarding Work GC-13 12. Notice to Contractors GC-13 13. Notice by Contractors GC-13 "•' 14. Surveys GC-13 15. Authority and Duties of Inspectors GC-13 16. Inspection GC-14 17. Unauthorized and Defective Work GC-14 18. Disputed Claims GC-15 19. Final Contruction Review GC-15 " GC-06 CONTROL OF MATERIALS GC-15 1 . Materials to be Reviewed Before Use GC-15 2. Tests of Materials GC-16 3. Storage of Materials GC-17 4. Defective Materials GC-17 5. Ordering Materials GC-17 6. Materials Furnished by the Owner GC-17 7. Manufacturer's Directions GC-17 8. Domestic Materials and Machinery GC-17 .. 9. Property Rights in Materials GC-18 10. Title to Materials Found on the Work GC-18 I ] . Warranty Period GC-18 GC-07 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC GC-18 1 . Laws to be Observed GC-18 2. Permits and Licenses GC-19 �. 3. Patented Devices, Materials, and Processes GC-19 4. Sanitary Provisions GC-19 5. Public Safety and Convenience GC-19 6. Barricades, Warning Signs, and Flagmen GC-20 7. Fences GC-20 8. Safeguarding of Excavations GC-21 9. Use of Explosives GC-21 10. Trespass GC-21 11 . Protection of Property and Persons GC-21 12. Restoration of Damaged Property GC-22 .w -2- r+ TABLE OF CONTENTS Part III - General Conditions (Cont'd) Section Description Page 13. Indemnification GC-22 �. M. Contractor's Responsibility for Work 15. Personal Liability of Engineer GC-23 GC-23 16. No Waiver of Legal Rights .r GC-23 17, Insurance a. Hold Harmless Clause GC-24 GC-24 b. General aw GC-24 C. Industrial Accident Insurance GC-24 d. Contractors Public Liability, Property Damage Insurance and Vehicle Liabiltiy Insurance GC-24 e. Property Insurance GC-25 18. Payment of Bills by Contractors GC-26 �. 19. Air and Water Pollution Laws 20. Use of Completed Portions GC-27 GC-27 GC-08 PROSECUTION AND PROGRESS GC-27 1 . Beginning of the Work GC-27 2. Schedules and Progress Reports GC-27 3. Prosecution of the Work GC-27 4. Subletting or Assignment of Contract GC-28 5. Limitations of Operations GC-29 6. Water Supply GC-29 7. Use of Premises GC-29 8: Protection of Work and Property GC-29 ..r 9. Character of Workmen and Equipment GC-30 10. Temporary Suspension of the Work GC-31 11 . Time of Completion of Work and Extension of Time Limit GC-31 12. Annulment and Cancellation of Contract by Owner GC-33 13. Right of Owner to do Work GC-34 14. Contractor's Right to Stop Work or Terminate Contract GC-34 .. 15. Suits or Actions Concerning the Work GC-34 "�. -3- i TABLE OF CONTENTS Part III - General Conditions (Cont'd) Section Description Page 9 aw GC-09 MEASUREMENT AND PAYMENT GC-35 1 . Methods of Measurement and Computation GC-35 am 2. Scope of Payment GC-35 3. Alteration in Details of Construction GC-35 4. Quantities and Unit Prices GC-36 no a. Lump Sum GC-36 b. Unit Prices GC-36 5. Claims for Extra Compensation GC-36 6. Payment for Force Account Work GC-37 AW 7. Force Account Bills GC-38 8. Payment for Omitted Items GC-39 am9. Partial Payments GC-39 10. Advances on Materials GC-41 11 . Allowance for Materials Left on Hand GC-41 aw 12. Final Estimate GC-41 13. Suspension of Payments GC-42 14. Correction of Work after Final Payment GC-42 am 15. Payments GC-42 aw a* ,.� -4- r ONO PART III GENERAL CONDITIONS GC-01 DEFINITION OF TERMS 1 . Definition of Terms. In these specifications and the contract, the following words or expressions shall be understood to have the meanings given below: A.S.T.M. - American Society for Testing Materials. A•W.S. - American Welding Society. A.W.W.A. - American Waterworks Association. "Bidder" - Any individual, firm or corporation formally submitting a proposal for the work contemplated, or any portion thereof, acting directly or through an authorized representative. "Change Order" - A written order issued by the engineer to the contractor, covering changes in either the plans, specifications or quantities, within the aw scope of the contract. "Contract" - The agreement between the owner and the contractor describing the work to be done and defining the obligations of the owner and the contractor in accordance therewith. It includes the "Specifications" Plans", "Proposal", "performance Bond" "Maintenance Bond", and it includes also, .. all agreements of a supplemental nature that may be entered into during the progress of the work. "Contract Documents" - The plans, specifications, agreement performancebond, proposal, and maintenance bond including all modifications thereof incorporated in the documents before their execution and all agreements of a „r supplemental nature that may be entered into during the progress of the work; the "Contract" includes all of the "Contract Documents". .r. "Contractor" - The individual, firm or corporation undertaking the execution of the work under the terms of the contract and acting directly or through his or its agents or employees. aw "District" - The "Owner" as defined above, members of all Board of Commissioners or like groups affiliated with the owner, and all employees or assistants of the "Owner". "' GC - 01 "Extra `,Mork" - An item of work not provided for in the contract as awarded, but determined by the owner as essential to the proper completion of the contract within its intendeJ scope. "Inspector" - The duly authorized representative of the owner limited to the particular duties entrusted by the owner. "Maintenance Bond" - The form of security approved by the owner and governing agency furnished by the contractor and his surety, guaranteeing the quality of workmanship and material furnished by the contractor to be adequate to fulfill the intent of the plans and specifications for the warranty period. "Owner" - The owner of the work as indicated in the official advertise- No ment and named in the contract. "Performance Bond" - The form of security approved by the owner, furnished by the contractor and his surety, guaranteeing the complete and faithful performance and payment of all of the obligations and conditions placed upon the contractor by the contract. "Plans" - The maps, plans, and drawings as listed and referred to in the "Contract Documents" together with any supplemental drawings furnished by owner to the contractor and also all approved shop drawings submitted by the contractor and approved by owner all as provided elsewhere in these specifications or other contract documents. "Proposal" - The written proposal of the bidder on the form furnished for the work'contemplated and which is required to be signed by the bidder. "Proposal Guaranty" - The security to be furnished by the bidder as a guaranty of good faith to enter into a contract for the work contemplated if it be awarded to him. "Right of Way" - The area provided by the owner for use in constructing the work covered by the contract, including the appurtenances thereto. The right of way so designated may be either temporary or permanent. . rr "Specifications" - The directions, requirements, explanations, terms and provisions pertaining to the various features of the work to be done, the GC-02 rr it +rr manner and method of performance, and the manner and method of measurement and payment. The specifications include such directions, requirements, and explanations as appear on the plans. "Subcontractor" - Any individual, firm or corporation acting for or in behalf of the contractor in the execution of any part of the contract. This does not include those working for hire or supplier of material or equipment except that production of materials or supplies at the project site shall be deemed as being produced by a subcontractor where such is not produced by the contractor's own forces and equipment. "Supplemental Agreement" - Any written agreement or understanding entered into between the contractor and the owner to supplement or clarify, or alter the plans, specifications or contract, or to otherwise provide for unforeseen work, contingencies, alterations in plans, and other matters not contemplated by or adequately provided for in the plans and specifications. "Surety" - The Company or Association which is bound with and for the contractor, for the acceptable performance of the contract, and for his payment of all obligations arising out of the contract. Where applying to the "Proposal Guaranty", it refers to the Company or Association which engages to be responsible for the bidder's execution of a satisfactory contract when and if his bid is accepted by the owner. "Work" - Work shall be understood to mean the furnishing of all .� labor, materials, equipment and other incidentals necessary or convenient to the successful completion of the project or the portion of the project involved and the carrying out of all the duties and obligations imposed by the contract . "Written Notice" - A written communication delivered in person to the individual or to a member of a firm or to an officer of the corporation for whom it is intended, or if delivered or sent by mail to the last business address known to the one who gives the notice. It shall be the duty of each party to advise the other parties to the contract as to any change in business address until completion of the contract. "Act of God" - Means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain, wind, flood or other natural phenomenon of recorded intensity for the locality of the work shall not be construed as an Act of God and no reparation shall be made to the contractor for damages to the work resulting therefrom. GC - 03 .r GC-02 PROPOSAL REQUIREMENTS AND CONDITIONS I . Inclusion of Proposal in Contract. The requirements and conditions of the proposal are hereby made part oJ this contract. GC-03 AWARD AND EXECUTION OF CONTRACT 1 . Time Reserved for Award of Contract and Preparation of Contract Documents. The time of completion of the work contemplated by this contract s a not be vitiated by the fact that there will, of necessity, be a certain period of elapsed time between the date of receiving bids and the signing of the written instruments by all parties thereto. In specifying the dates for completion, it has been assumed that a period of not more than fifteen (15) days will elapse between the receiving of the bids and the submission to the contractor of the written contract for his execution. If the above period exceeds this amount, the bidder will be released from his proposal bond unless ai by written notice to the owner the contractor has granted the owner an extension of time for official award of the contract. 2. Contractor to Furnish Performance Bond. The contractor shall within ten days ficim the date of nota icotion by the owner that the contract is ready for signature and before commencing work thereunder, furnish to the owner and maintain in force during the continuance of this contrpct a per- formance bond satisfactory to the owner in the full amount of the contract price for the faithful performance of this contract in all respects, and no contract shall be binding until the said bond is furnished and approved by the owner, and if said bond is not so furnished within the ten days herein specified, the contract may be immediately terminated without any notice or further action by either party and the proposal guaranty shall be forfeited. No work may be commenced until the bond has been approved by the owner. In addition, the performance bond shall meet the guarantee and warranty requirements of Section SP-04, GC-05-6 and GC-06-11 . 3. 'Execution of Contract. Within ten (10) days after receiving from the owner properly preponed contract documents, the successful bidder shall sign the contract. 4. Examination of Plans, Specifications, and Site of Work. It is understood that the contractor,before signing the contract, as mo e a careful examination of the plans, specifications, and contract; that he has Will fully informed himself as to the quality and quantity of materials and the character of theworkrequired; and that he has made a careful examination of the location and condition of the work and the sources of supply for any and all materials. The owner will in no case be responsible for any loss or for unanticipated costs that may be suffered by the contractor as a result of conditions pertaining to the work. GC-04 rs to be 5. Amount of Contract. The amount of the contract shall be understood the lump sum as given in the proposal form. Where prices are given on alternate items, only the amounts of the alternates accepted by the owner will be included in the total. GC-04 SCOPE OF WORK 1 : Intent of the Plans and Specifications. The true intent of the plans and specifications is to provide for the execution and completion in every detail of the project or work described in the special provisions and contract. Except as otherwise specifically provided, the contractor shall furnish all labor, tools, implements, machinery, supplies, materials, and incidentals,and shall do all things necessary to perform and to complete, according to the specifications and the plans, the work to be done under the contract. This shall be understood to include, in addition to the work specifically called for in the plans and specifications, the performance of such extra, additional, and incidental work as may appear in the sole judgement of the owner to be necessary for the completion of the work contemplated in a substantial workmanlike, and otherwise satisfactory manner. W. 2. Increased or Decreased Quantities. The right is reserved by the Owner, without impairing the contract to make such increases and decreases in the quantities of the work as may be considered necessary to complete fully and satisfactorily the work included in the contract. The contractor shall have no claim for damages or for anticipated profits on account of any portion of the work that may be omitted, provided such omission shall not thereby reduce �,. the amount of the contract by more than ten per cent (10%) provided, however, that the owner shall have the privilege of deleting any item or items of any schedule in its entirety and said ten per cent (10%) of permissable reduction then shall apply only to the aggregate contract price for the remaining items. Deletion of entire items generally shall be made when the contract is executed by in case the contractor shall have performed some work on account of any item which is subsequently deleted, he shall be paid therefor on the basis of extra work. MW GC-05 3. Alterations in Details of Construction, owner, during the progress of the work, may alter any of the detai s of construction as may be found expedient or necessary, such alterations shall not invalidate the contract nor release the surety, and the contractor agrees to accept and execute the work as altered the some as if it had been a part of the original contract. The compensation to the contractor in such cases shall be determined as specified for Additional Work should additional requirements be made of the contractor or by negotiation if the work is reduced. 4. Extra Work - Additional Work. Upon the written order of the owner , the contract.)r 7sall perform Tu__cTi additional'or extra work that may or may not be included under or covered by contract prices, as may be necessary for the satisfactory completion of the project. If the work is of. a kind for which a specification is given herein, it shall be performed in accordance with that specification subject to such supplemental or additional specifications, plans and instructions as owner may issue. If the work is of a kind not covered by a specification given herein it shall be performed in accordance with accepted practice for the class of work intended and in accordance with such plans as may be issued by the owner. The owner shall have the option of paying for additional or extra work at the stipulated unit prices or stipulated lump sum given in the proposal form .W or on a force account or cost plus basis described in Article GC-09-6 of these specifications. Payment for extra work will be mode only when the Mork involved .has been authorized by owner in writing prior to performance of the work. 5. Protection of Work During Suspension. If it should become necessary, for any reason to stop the work, then the contractor shall open proper drainage ditches, erect temporary structures where necessary; prepare the work so there will be minimum interference with traffic, if the work is on a public right of way; and take every precaution to prevent any damage or unreasonable deterioration of the work during the time the work is closed. If upon reopening the work, it is found that any such damages or deterioration has occurred, due to the lack of said precautions then, and in that event, the contractor shall correct all such conditions at his own expense. 6. Final Trimming of Work. The work to be done under the contract shall include such repair wor as may be necessary to overcome such deterior- ation as may occur on some portions of the work while other portions of the work are being performed. The project shall be in a neatly trimmed and well- finished condition throughout at the time of completion and acceptance. 7. Final Cleaning Up. Upon completion of the work and before accep- tance and final payment shall-be made, the contractor shall clean up the right G C-06 .r of way and all properties on which he has operated in the construction of the project, including removing or burning all discarded materials, rubbish, and debris. He shall tear down, remove or burn all construction plant structures .. erected by or for him, or by or for his subcontractors or employees on the right of way or on property controlled by the owner. He shall do all things necessary to put the whole of the right of way and such other property controlled by the •. owner as he may occupy in a neat, clean and orderly condition. Should the contractor fail to perform adequate clean up, the owner may take steps to perform the same and deduct the cost from monies dye the contractor. MW 8. Removal of Contractor's Equipment and Materials. It is understood and agreed that the contractor is to expeditiously and promptly remove from the project right of way and other property owned or controlled by the owner, all equipment and material that he places thereon that is not to become the property of the owner. It is further understood and agreed that any such equip- ment and material of all kinds that is .not removed, as herein provided, within thirty (30) days after the date upon which all other work to be done under the contract is completed, or within such longer time as may be agreed upon in writing between the contractor and the owner shall become the property of the owner and may be used or otherwise disposed of by the owner without obligation to the contractor or to any party to whom he may transfer title. Nothing in the above clause shall be construed as relieving the contractor from his obligation to clean up the right of way and the sites of his operation and to remove and dispose of debris, waste materials, etc., in accordance with other provisions of the contract. GC-05 CONTROL OF THE WORK 1 . Authority of the Engineer .To prevent misunderstandings, disputes and litigation it is expressly understood by all of the parties to the contract, including the surety, that engineer shall, in all cases, determine any and all questions which may arise concerning the quality, quantity and acceptability of materials furnished and work performed; the interpretation of plans and specifications; and the amounts and classifications of the several kinds of work and materials; and his estimates and decisions in these matters shall be final, binding, and conclusive upon all parties to the contract. It is further understood that all work to be done under the contract shall be done under the construction review of engineer; that said work will not be considered completed until reviewed by engineer and accepted by the owner and the applicable governmental agency; that the contractor shall at all times carry out and fulfill the instructions and directions of the engineer in so for as the quality of work to be performed under the contract is concerned; GC-07 ow an and that in the event the contractor fails to carry out and fulfill such instructions and directions, the owner shall refuse to make any partial or final payments to the contractor so long as such instructions and directions are not complied with. 2. Deviation from the Plans. No deviation from the plans-or the reviewed working and/or sop drawings is permissible except on written order w. of the owner. 3. Interpretation of Contract, Specifications and Plans. In cases of conflict in the requirements and provisions as set out by t e contract, the specifications, or the plans, such conflict shall be reconciled by the acceptance of the following order of precedence for the various contract documents; (1) the contract document bearing the signature of the owner and the contractor; (2) the written proposal of the contractor; (3) Parts I, II, 111, IV, and v of specifications; and (4) the plans, including notes written thereon. A, The apparent silence of the specifications and the plans as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practice is to prevail and that only material and workmanship of first quality are to be used. The contractor shall carefully study and compare the contract documents with each other and with information furnished by the owner, including surveys describing physical characteristics, legal limitations and utility locations for the site of the project, and shall at once report to the owner errors, inconsistencies or omissions discovered. The contractor shall not be liable to the owner or engineer for damage resulting from errors, inconsistencies or omissions irr the contract docu- ments unless the contractor recognized such error, inconsistency or omission and knowingly failed to report it to the engineer. If the contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the contract documents without such notice to the owner , the contractor shall assume appro- priate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. rr 4. Plans and Working Drawings. The contractor will be supplied with six (6) sets of specifications and the prints of the drawings pre- pared by the engineer showing the project in detail. The contractor may obtain any additional prints required from owner by compensating owner for the cost of printing involved. wr Numbered dimensions on the drawings shall be used in preference to scaled dimensions from the drawings. Where the work of the contractor is affected by finish dimensions, these shall be determined by the con- aw at the site, and he shall assume responsibility therefor. '�" GC-08 General drawings showing such details us are necessary to give a com- prehensive idea of the construction contemplated will be included in the plans; but the contractor shall submit to engineer for review such additional shop details, setting, schedules and such other working dra•,r,ings as may be required for the construction of any part of the work, and prior to the review of such .. additional drawings as may be required for the construction of any part of the work, and prior to the review of such plans any work done or material ordered shall be at the contractor's risk. sm All shop or working drawings shall be made in such a manner that clear and legible blueprint copies can be made from them. Any drawings ..r submitted for review which are, in engineer's opinion, carelessly pre- pared, erroneous or unchecked, will be returned to the contractor for redrawing and checking, and after such redrawing and checking shall be resurnibtted to w.r the engineer. OW All drawings submitted to engineer for review shall be one of the following sized: 8 1/2 x 11 inches, 11 x 17 inches, 22".x 34", or 24" x 36". Shop drawings for structural steel items structures or miscellaneous .r iron items shall consist of shop details, erection and other working plans showing dimensions, sizes of material, lists of field rivets and bolts, details and other information necessary for the complete fabrication and erection of all such metal work. Shop drawings for mechanical equipment and other structures or equip- ment shall consist of such detailed plans as may be reasonably required for the successful prosecution of the work and which are not included in the plans furnished by engineer. . These may include plans for falsework, bracing, centerline and form work, masonry layout diagrams, bending diagrams for metal reinforcement, shop details for precast concrete items, and installation drawings or instructions. rr It is expressly understood that the review by engineer of working drawings or shop drawings submitted by the contractor or his agents will not relieve the contractor from responsibility for errors in details, dimensions, or quantity or strength of such materials. Material improperly fabricated shall OW be replaced or modified at the contractor's expense. The contractor shall submit with such promptness as to cause no delay in his own work or in that of any other contractor, not less than two copies of all shop or setting drawings and schedules required for the work of the various trades, and .engineer shall review them with reasonable promptness, GC-09 r ng to making desired corrections, shall all any coroections requiaetd by the effects on design. The contractor engineer, file with him not less than six corrected copies, one of which shall be a reproducible transparency, and furnish such additional copies as needed should he wish more than one approved copy rrelieve the contractor use ctoh engineer I s review of such drawings or schedules shall om responsibility for deviations from drawings or specifications, unless he has in writing called engineer's . attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. The contract bid prices shall include the cost of furnishing all shop and installation drawings and the contractor will be allowed no extra compen- sation for such drawings. The contractor shall keep one copy of all drawings (including reviewed shop drawings) and specifications on the work, in good order, available to the engineerand to his representatives, at the job site. 5. Quality of Equipment and Materials. In order to establish standards ww of quality, engineer mayre er to certain products as from compet9tion number. This procedure is not to be construe other products of equivalent or better quality by other manufacturers. The words 46 "Approved Equivalent" shall be considered following all such listings regardless of whether or not they so appear. The contractor shall furnish to engineer the complete list of proposed desired substitutions together with such engineering and catalog data as engiineer may require in sufficient time prior to their use to give the engineer adequate time for his review.ordering Failure part to supply data to engineer prior to 9 or using such alternate material or equipment will not relieve the contractor of furnishing acceptable material or equipment as required by the engineer. The contractor shall abide by engineer' s judgement when proposed substitute materials or items of equipment are judged to be unacceptable and shall furnish the specified material or item or equipment or other "approved equivalent". All proposals for substitutions shall be submitted in writing by ers. The the contractor and not by 'dual traes or mater alssubmitted bylthe colntrocto and engineer will review proposed substitute approve or disapprove the use of the proposed materials within a reasonable time. No substitute materials shall be used unless they have been approved in writing by the owner. 41 GC-10 r i r 6. Quality of Workmanship. All work shall be done by competent workmen in a workmanlike manner that meets the requirements or intent of the plans and specifications. Work that fails to meet the above requirements shall be immediately corrected or redone. In addition the quality of workmanship shall be guaranteed for a period of one (1) year following written acceptance of the work by the owner and governing agency. All failures that occur during the warranty period shall, after written notice, be promptly attended to by the contractor. If circumstances warrant, the owner may make temporary or immediate repairs and the cost of the some shall be borne by the contractor. 7. Specifications by Standard Designations. Whenever practicable, specifications will be made herein by designating certain published "Standards" of recognized organizations. Abbreviations "A.S.T.M." will be used to indicate the American Society for Testing Materials and this will be followed by the officially published designation number for the particular specification to which the reference applies. Other standards will be indicated by the full name of the sponsoring organization or by clearly recognized abbreviations. In all cases it shall be understood that such references mean the designated specifications or the latest revision thereof. All material, equipment and devices not specifically covered by such "Standards" as indicated above, these specifications, by the plans or by addenda shall be subject to the review of engineer to determine the ,o„ suitability for the service intended. B. Equipment Review Data. The contractor shall furnish two (2) copies of complete catalog data for the manufactured items of equipment and all components to be used in the work, including specific performance data, material description, rating, capacity, working pressure, material gauge or thickness, brand name, catalog number and general type, as requested by the engineer. .. This submission shall be compiled by the contractor and reviewed by 'Owner before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. ow After written conditional acceptance this submission shall become a part of the contract, and may not be deviated from except upon written review of the owner. Am GC-11 tilfli Catalog data for equipment reviewed by engineer shall not in any case supersede the contract documents. The conditional acceptance of the engineer shall not relieve the contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the engineer attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The contractor shall check the work described by the catalog data with the contract documents for deviations and errors prior to submission to engineer for approval. It shall be the responsibility of the contractor to insure that items to be furnished fit the space available. He shall make necessary field measure- ments, including those for connections, and shall order such sizes and shapes of equipment that the final installation shall suit the true intent and meaning of the drawings and specifications. Where equipment requiring different arrangement of connections from those shown is conditionally accepted, it shall be the responsibility of the contractor to install the equipment to operate properly, and in harmony with the intent of the drawings and specifications, and to make all changes in the work required, by the different arrangement of connections. Upon conditional acceptance of the equipment by engineer the contractor shall furnish six (6) copies of catalog data of all process equipment or components thereof together with six (6) copies of operating and maintenance instructions. 9. Cooperation With Other Contractors. The contractor shall conduct his operations so as to inter ere as itt a as possi le with those of other contractors, No subcontractors or the owner on or near the work. It is expressly understood that the owner has the right and may award other contracts in connection with the work so long as it does not interfere with the work under this contract. Where one contractor's operations are within the limits or adjoin the operations of another contractor, each shall be responsible to the other for any damage, injury, loss, or expense which may be suffered on account of inter- ference of operations, neglect or failure to finish work at the proper time, or of any other cause. wr 10. Contractor to Have Representative on Work. The contractor shall at all times have a competent superintendent or oremon who shall at all times r be acceptable to .engineer and capable of reading and thoroughly under- standing the plans and specifications as his agent on the work, who shall receive instructions from engineer or his authorized representatives. The superin- tendent or foreman shall have full authority to execute the orders or directions of engineer without delay and to promptly supply such materials, tools, plant, equipment, and labor as may be required, regardless of whether or not the work is to be performed by the contractor's own forces or those of a GC-12 W subcontractor. The fact that on approved subcontractor is performing any portion of the work shall not relieve the contractor of this requirement. 11 . Information Regarding Work. The contractor shall furnish the engineer every reasonable facility- necessary for obtaining such information as he may desire respecting the nature and quality of the materials used or to be used ... and the progress and manner of the work. Engineer shall be allowed access at all times to the books and aw records of the contractor, and the contractor shall furnish him all data necessary for the determination of the actual cost of all or any part of the work. w 12. Notice to Contractors. Any written notice to the contractor which may be required by law or y t e provisions of the specifications may be served on said contractor or his representative, either personally or by mailing to the onon given in the contract or by leaving the same at said address. ow 13. Notice by Contractors. Wherever in the specifications the contractor is required to notify engineer concerning the progress of the work, or con- cerning any complaint which he may have to make, or for any other reason, it 00 shall be understood that such notification is to be made in writing, delivered to engineer or his representative in person, or mailed to the office of the Owner. No 14. Surveys. Base lines and grades for buildings and all structures and appurtenant faci ities including sewers and pressure lines shall be established UN by the owner. The contractor shall develop and make all detail surveys necessary for construction, including the setting of batter boards or other construction guides from the marks given by the owner. w The contractor shall give notice to the owner not less than five (5) working days before lines and grades will be needed on the work. The contractor's request shall also include desired offset, location and schedule of expected progress of the work as required in GC-08-2, Schedules and Progress Reports. All stakes, marks, property corners, etc., shall be carefully preserved by the contractor and in cases of their careless or unnecessary destruction or removal by him, his subcontractor or his employees, such stakes, marks, property corners, etc., shall be replaced by the owner at the contractor's Y.. expense. Should valdalism occur, the owner and contractor shall coordinate the .� staking schedule to minimize damages. 15. Authority and Duties of Inspectors. Inspectors shall be authorized .. to review all work done and al I materials furnished. Such review may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. It is the duty of the inspector to report to the GC-13 .. engineeras to the progress of the work and the manner in which it is being performed, also to report whenever it appears that the material furnished or the work performed by the contractor fails to fulfill the requirements of the lrri plans and specifications, and to call to the attention of the contractor any such failure. JIM In case of any dispute arising between the contractor and the inspector as to materials furnished or manner of performing the work, the inspector shall have authority to reject materials or suspend the work until the question at gr issue can be referred to and decided by engineer. The inspector is not authorized to revoke, alter, enlarge, relax or release any requirements of the plans and specifications, nor to approve or accept any portion of the work, +ri nor to issue instructions contrary to the plans and specifications, nor may the inspector in any way direct the work of the contractor or his employees other than as provided in the contract. Engineer. will make periodic visits to the job site to observe the progress of the work and to observe whether or not it is being performed in accordance with the plans and specifications. This does not in any way mean that engineer is a guarantor of the contractor's work; has accepted any work or material; nor does this mean that engineer is exercising control over the contractor's methodof performing work. Visits to the job site by the engineershall not in any way shift the responsibility for safety from the contractor to the engineer. 16. Inspection. Engineer or his representatives shall be allowed access to all parts of tFie work at all times and shall be furnished with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements and intent of the plans and specifications. The contractor shall cut and replace with new materials, at his own expense, such samples as are customarily required for testing purposes. Any work or materials used without review or inspection by engineer or his represen- tative may be ordered removed .and replaced at the contractor's expense. At engineer's request, the contractor shall, at any time before acceptance of the work, remove or uncover such portions of the finished work as may be Ali directed. After examination, the contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the ; replacing of the covering or the making good of the parts removed, shall be ' paid for as "extra work", but should the work so exposed or examined prove unacceptable, the uncovering or removing, and replacing of the covering and the making good of the parts removed, shall be at the contractor's expense. 17. Unathorized and Defective Work. Any defective work, whether the result of poor workmanship, use of ge-Te'eive materials, damaged through care- lessness, or of any other cause, found to exist prior to acceptance of or final GC-14 r r payment for the work, shall be removed immediately and replaced by work and materials which shall conform to the specifications, or shall be remedied other- wise in an acceptable manner authorized by engineer. These provisions shall have full effect regardless of the fact that the defective work may have been done or the defective materials used with the full knowledge of the inspector. The fact that the inspector in charge may have previously overlooked such defective work shall not constitute an acceptance of any part of it. MW Work done contrary to or regardless of the instructions of the engineer, work done beyond the lines shown on the plans or as given, except as herein provided, or any extra work done without authority, will be considered am as unauthorized and will not be paid for by the owner. Work so done may be ordered removed or replaced at the contractor's expense. "" 18. Disputed Claims. In any case where the contractor deems extra compensation is due im for work or materials not clearly covered in the contract or not ordered by engineer as an extra as defined herein, the contractor shall in writing notify owner of his intention to make claim for such compensation before he begins the work on which he bases the claim. If such notification is not given or enginger is not afforded proper facilities by the contractor for keeping strict account of actual cost, then the contractor hereby agrees to waive the claim for extra compensation. Such notice by the contractor and the fact that engineer has kept account of the cost as afore- "" said, shall not in any way be construed as proving the validity of the claim. In case the claim is found to be just, it shall be allowed and paid for under a supplemental agreement to be entered into between the parties to the contract. 19. Final Construction Review. Unless otherwise provided, the engineer and other appropriate government agents shall make final review of all work included in the contract within ten (10) days after written notification by the contractor or his superintendent that the work is completed. If the work is dw not acceptable to engineer he shall advise the contractor in writing as to the particular defects to be remedied before final acceptance can be made. w GC-06 CONTROL OF MATERIALS 1 . Materials to be Reviewed Before Use. Only materials conforming with the specified requirements and conditions be used in the work. y accepted by engineer shall .. w. Before the delivery of any material to be used in the work is commenced, the contractor shall have advised engineer, as to the source from which the material is to be obtained, shall have furnished such samples as may be required aw for testing purposes, and shall have received engineer's conditional GC-15 r acceptance for the use of that particular material. The conditional acceptance of any source of supply by engineer will not imply that all material from that source will be accepted and should material from any conditionally accepted source fail to maintain a quality meeting the requirements of the specifications, use of material from that source shall be discontinued, and the contractor shall furnish acceptable material from other sources. Regardless of the source, any material delivered upon the work which fails to meet the requirements will be rejected, and only material meeting all requirements will be allowed to be r incorporated in the work. Any material or item incorporated in the work which does not meet requirements of the contract documents, even though it be installed with the consent and/or in the presence of an inspector, shall be removed and acceptable material shall be used in its place and all costs for removal and installation shall be at the contractor's expense. Material which after conditional acceptance has, for any reason, become unsuitable for use, shall be rejected and not used. 2. Tests of Materials. All tests of materials shall be made in accordance with acceptable methods as described and designated in the specifications. When tests of materials are required, such tests shall be made by a testing laboratory accepted by engineer and at the expense of the contractor. The contractor shall afford such facilities as may be required for collecting and forwarding samples and shall hold the materials represented by the samples until ests have been made and the materials found equal to the requirements of the specifications or to approved samples. The contractor in all cases shall furnish the required samples without charge. Ali In the absence of any definite specification or reference to a specification in the technical specifications or in the special provisions for the particular sir project involved, it shall be understood that such materials shall meet the spec- ifications and requirements of the American Society for Testing Materials. Unless otherwise specified, all tests of materials shall be made in accordance with the methods prescribed by the American Society for Testing Materials. Wherever in the specifications a particular specification of the rrr American Society for Testing Materials is referred to by number, it shall be understood that such reference shall include oil amendments and additions thereto adopted by such organizations prior to the award of the contract. wi The testing of materials shall be done in a laboratory, acceptable to engineer. and the results of the tests made therein shall be used as a basis + for evaluation in accordance with the specifications for the particular material. GC-1b aw 3. Storage of Materials. Materials shall be stored in such a manner as to insure the preservation of their quality and fitness for use. When considered ++� necessary to protect materials against dampness, or to keep them clean and free from dust, dirt or other detrimental matter, suitable sheds, platforms and covers shall be provided. Materials shall be stored in such a manner as to facilitate inspection. 4. Defective Materials. All materials not conforming to the require- ments of the specifications sha-U be considered as defective. No defective material, the defects of which have been subsequently corrected, shall be used until conditional acceptance has been given. Upon failure on the part of the contractor to comply within ten (10) days with any order of the engineer made under the provisions of this article, the owner shall have authority to have the defective material removed and replaced by workmen other than the contractor's, and to deduct the cost of said removal and replacement from any monies due or to become due the contractor. 5. Ordering Materials. The contractor is cautioned against placing orders for full quantities of materials until the work has advanced to a state permitting the determination of the exact quantities required. unless otherwise specified, the owner will in no way be responsible for any materials that the contractor may deliver upon the ground in excess of actual requirements. Neither will the owner be responsible for any increased costs or extra expense that the contractor may have to bear on wr account of materials or work not being ordered at some earlier date. b. Materials Furnished by the Owner. Materials specifically indicated shall be furnished by -the owner. The fact that the owner is to furnish material is conclusive evidence of its acceptability for the purpose intended, and the contractor may continue to use it until otherwise directed. If the contractor discovers any defect in material furnished by the owner, he shall notify the Owner. Unless otherwise noted or specifically stated, materials furnished by the owner, which are not of local occurrence, are considered to be f.o.b. the project site. The contractor shall be responsible for material loss or damage after receipt of material at the point of delivery. aw 7. Manufacturer's Directions. Manufactured articles, material and equipment shall be applied, insta ed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the 40 contrary. 8. Domestic Materials and Machinery. In the performance of this O. contract or of any su contract thereunder, the-re shall be used only such aw GC-17 MW unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, supplies, equipment, and machinery as have been manufactured in the United States, substantially all from articles, materials, supplies, equipment and machinery mined, produced or so manufactured, as the case may be, in the United States. In the event that articles, materials, supplies, equipment, or machinery of the class or kind to be used as specified herein, or the articles, materials, supplies, equipment, or machinery from which they are manufactured, are not mined, produced, or manufactured in the United States, these requirements relative to domestic origin shall not apply. The owner reserves the right to set aside the provisions of this article, if the contractor submits an application setting forth specifications of the article, materials, machinery, supplies, or process the contractor desires to utilize on or incorporate in the work, and if the owner deems that it is in his (their) best interest to allow the application of the contractor. 9. Property Rights in Materials. Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil, or after payment has been made for the value of unused material delivered to the site of the work. All such materials attached or affixed or unused shall become the property of the owner. 10. Title to Materials Found on the Work. The right to the use of all soil, stone, grovel, sand, and aVother materials and equipment developed and obtained in the excavation or in other operations by the contractor or any subcontractor or any of their employees, and the right to use or dispose of some, and except as otherwise provided herein, are hereby expressly reserved in the owner and neither the contractor, nor any subcontractor, nor any of their employees shall have any right, title, or interest in or to any part thereof, nor shall they, nor any of them assert or make any claim thereto. The contractor shall be permitted to use in the work without charge any such e materials which meet the requirements of these specifications. 11 . Warranty Period. The contractor shall warrant all materials and equipment furnished by him for a period of one year from date of written accep- tance of the work by the owner and governing agency. This warranty shall mean prompt attention to the correction and/or complete replacement of the faulty material or equipment. GC-07 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 1 . Laws to be Observed. The contractor at all times shall observe and comply with all federal and state laws and local lows, ordinances, and regulations in any manner effecting the conduct of the work, and all such orders or GC-18 rr w decrees as exist at present and those which may be enacted later, of bodies or tribunals having any jurisdiction or authority over the work, and shall indemnify and save harmless the owner and the officers, employees, and agents (including engineer ) of the owner against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders or decrees, whether such violations be by the contractor, his sub- contractors or his employees. 2. Permits and Licenses. The contractor shall procure all permits and licenses, pay a charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, except as noted. 3. Patented Devices, Materials, and Processes. The contractor assumes the responsi i ity of de ending any and a suits or actions brought for the infringement of any patent claimed to be infringed by material, device, plan, method or process to be incorporated in the work and/or required to be used in connection with the work to be done under the contract, including all attorney's fees and court costs, and he shall indemnify and save harmless the owner, the officers, employees, and agents (including engineer ) of the �wr owner from all claims of and suits or actions for infringements of patents. 4. Sanitary Provisions. The contractor shall observe all rules and re- gulations of the state and mal health officials, and shall take such precautions as are necessary to avoid creating conditions which are not sanitary. The contractor shall provide and maintain in a neat and sanitary condition such 9W accommodations for use of his employees as may be necessary to comply with the requirements of,public health officials, he shall permit no public nuisance at any place over which he has control. 5. Public Safety and Convenience. The contractor shall at all times so conduct Wi—swork as to insure the least possible obstruction to traffic. The convenience of the general public and the protection of persons and property is of prime importance and shall be provided for by the contractor in an adequate and satisfactory manner. r The contractor shall conduct the work with the view of causing a twominimum of inconvenience to traffic on intersections and connecting streets and to persons conducting commercial enterprises or residing along the route of work, Entrances to garages, business places, driveways ' " of all kinds shall not be blocked for more than a few hours, if at all. Satisfactory means of ingress and egress for persons residing, or having occasion to transact business along the route of the work shall be maintained at all times. OW GC-19 w. 6. Barricades, Warning Signs, and Flagmen. The contractor shall at his expense and wit out furt er or other order provide, erect and maintain at all times during the progress or temporary suspension of the work suitable barn-' ic.ades, fences, signs, or other adequate warnings or protections, and shall provide, keep and maintain such caution lights, signals, and flagmen as may be necessary or as may be ordered by engineer to insure the safety of the public as well as those engaged in connection with the work. All barricades and obstructions shall be protected at night by signal lights which shall be suitably distributed across the roadway and which shall be kept burning from sunset to sunrise. Barricades shall be of substantial construction and shall be suitably painted to increase their visibility at night. Failure of engineer to notify the contractor to maintain barriers, lights, signals, or flagmen shall not operate to relieve the contractor from this responsibility. If flagmen are necessary for reasonable prosecution of the work and for protection and safety of traffic, such flagmen shall be furnished at the contractor's expense. The signs to be furnished and used by the contractor in directing, controlling and safeguarding traffic shall conform with standard sign designs in use by the state highway officials. The contractor's responsibility for the safeguarding of traffic as specified above shall cease when all work included in the contract is accepted as complete. 7. Fences. By the construction of temporary fences, or by other trr adequate means, the contractor shall restrain stock from leaving the lands wherein they are confined or from trespassing which would be made possible by, or which might result from, the removal or destruction of existing fences Mi ll or the carrying out of any part of the work under the contract. The contractor shall be responsible for all loss, injury or damage that may result from his failure to restrain stock as above provided. The expense of erecting and main- taining temporary fences and for otherwise providing for the restraint of stock shall be borne by the contractor. The contractor shall use all reasonable care to avoid damaging existing fences, and he shall repair or replace at his own expense, and to the satis- faction of the owner, all fences which are in any way damaged by his operations. e+ The tearing down and removal of cross fences and other fences occurring within the right of way limits shall be considered to be a part of the clearing and grubbing work, and payment for some shall be understood to be included in the payment for clearing and grubbing. GC-20 �r .r. 8. Safeguarding of Excavations. The contractor shall provide such safe- guards and protections around and Tin—44 e vicinity of the excavations he makes as may be necessary to prevent and avoid the occurrence of damage, loss, injury and death to property and persons because of such excavations. Liability for any such damage, loss, injury or death shall rest with the contractor, in the cases of excavations made on the highway right of way or on lands owned or otherwise controlled by the owner, the contractor's responsibility for safe- guarding and protecting and his liability for damage, loss, injury or death shall terminate when all work to be done under the contract is completed and accepted by the owner. aw 9. Use of Explosives. In the use and storage of explosives, the contrac- tor shall use every precaution to prevent injury to persons and damage to property. Secure storage places shall be provided, and all such places shall wo be clearly marked with warning signs. Only persons experienced in the handling of explosives shall be allowed to use them on the work, and no shot shall beset off until warning has been sounded and all persons within the radius IM of danger removed and necessary steps have been taken to protect adjacent endangered property. .w In the handling and storage of explosives, the contractor must comply with all federal, state and local laws, and the owner will in no way be responsible for any noncompliance therewith or for damages to property or IM injury to persons resulting from accidental or premature explosions. 10. Trespass. The contractor shall indemnify and save harmless the a' owner and the rs, employees and agents (including Architect ) of the owner for any trespass upon adjacent property or injury thereto, resulting from or in connection with his operations. He will be liable for any claims that may be made on account of the deposit of debris of any kind upon adjacent property. 11. Protection of Property and Persons. In the performance of the work to be done under the contract, the contractor shall use every reasonable and ""' practicable means to avoid damage to property, injury to persons and loss, expense, inconvenience and delay to property owners, users of streets or highways and others. He shall provide protective devices and flogmen where- ""' ever and whenever needed in affording this protection and, in the performance of the work, he shall use no means or methods which will endanger, unnecessarily, either persons or property. "" At points where the contractor's operations are adjacent to properties of railway, telegraph, telephone and power companies, or adjacent to other property, damage to which might result in material expense, loss, or inconven- aw ience, work shall not be commenced until all arrangements necessary for the protection of the interests of the owner, as well as any interest that a third party may have therein, have been made. „„ GC-21 r When explosives are used, particularly in proximity to buildings or other structures, care shall be taken to protect the surroundings from injury by the explosion, the resultant concussion or by flying rocks or debris. The quantities of explosives and the manner of their use shall be such that adjacent property will not be damaged. In case the vicinity of the work is accessible to the general public, the contractor shall, before any shots are fired, post men about the work in various directions to warn all persons of the danger O. existing and to prevent them approaching closer than safety will permit. 12. Restcration of Damaged Property. All damage and injuryto property No that may be caused by or that may result from the carrying out of the work to be done under the contract from any act, omission or neglect of the contractor, his subcontractors, or his employees, shall promptly be made good aw by the contractor either by the repairing, rebuilding, or replacing of the pro- perty damaged, or in some other manner satisfactory to the owner of such property. In case of failure on the part of the contractor to promptly and satisfactorily No make good such damage or injury, the owner may, without notice to the contractor, proceed to repair, rebuild, or replace such property as may be deemed necessary, and the cost thereof will be deducted from any monies due or which may become MO due the contractor under the contract. In applying the provisions above stated, the repairing,rebuilding or ■o replacing of damaged property shall be understood to include the providing of any temporary facilities that may be needed to maintain normal service until the required repairing, rebuilding or replacing is accomplished. 13. Indemnification. To the extent permitted by law, the contractor shall indemnify and hold harmless the owner, engineer, engineer's con- "' sultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the work, provided that MW such claim, damage, loss or expense is attributable to bodily injury, sick- ness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom, but ` only to the extent caused in whole or in part by negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party aw indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this and the following two paragraphs. In claims against any person or entity indemnified under these para- graphs by an employee of the contractor, a subcontractor, anyone directly r�r employed by them or anyone for whose acts they may be liable, the indemni- fication obligation under these paragraphs shall not be limited by a limi- tation on amount or type of damages, compensation or benefits payable by rr or for the contractor or subcontractor under workers' or workmen's compen- sation acts, disability benefit acts or other benefit acts. "' GC-22 MW The obligations of the contractor under these paragraphs (para 13) shall not extend to the liability of the engineer, engineer's con- sultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, r change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the engineer, the engineer's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. Except as provided elsewhere in these specifications, it is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of the contract to designate the public or any member thereof a third party beneficiary hereunder, or to authorize the public or any member thereof to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. ww 14. Contractor's Responsibility for Work. Until final acceptance of the work, the contractor shall e d responsi a for any injury or damage to the work or to any part thereof by the action of the elements, and he shall make good at his own expense all such injuries or damages to any portion of the work before its completion and final acceptance, to the extent not covered by the all-risk property insurance to be provided pursuant to r. this agreement. 15. Personal Liability of Engineer. See paragraph 13 above. rr 16. No Waiver of Legal Rights. The owner shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefor from showing the true amount and character of the work performed and materials furnished by the contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or that the work or materials do not conform in fact to the contract. The owner shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate, and payment in accordance therewith, from recovering from the contractor and his sureties such damages as it may sustain by reason of his failure to comply with the terms of the contract. Neither the acceptance by the owner, or by any representative or agent of the owner, nor any payment for nor accep- tance of the whole or any part of the work, nor any extension of time, nor any possession taken by the owner shall operate as a waiver of any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other subsequent breach. sw GC-23 17. Insurance a. Hold Harmless Clause. See paragraph 13 on Page GC-22 rr OW wr b. General. The contractor shall not commence work until "" he has obtained all insurance required under this section or unti I he has satis- fied the owner in this respect; nor shall he allow any subcontractor to commence work until he also has obtained similar insurance which is applicable to his No work The contractor shall maintain insurance throughout the life of this contract as will hold the owner harmless and shall indemnify the owner for any amlosses arising out of the contractor's operations including any contingent liability arising therefrom. IM c. Industrial Accident Insurance. The contractor shall take out and maintain during the life of this contract, industrial accident insurance for all employees who will work on this project and, if any work is sublet, the OWcontractor shall require the subcontractor similarly to provide such insurance for all of the latter's employees unless they are included under the protection afforded by the contractor. . If employees engaged in hazardous work are not protected OWunder the state statutes (or rules of) for industrial accident insurance the contractor and any subcontractor who is affected must provide compensation insurance with a private company which in amount shall be equivalent to that provided by the 00 state industrial accident insurance for the protection of employees who are not so engaged. O` d. Contractors Public Liability, Property Damage Insurance and Vehicle Liability Insurance. The contractor shall tae out and maintain in rce during the lifeof tis contract Contractor's Public Liability Insurance, a` Contractor's. Property Damage Insurance and Vehicle Liability Insurance as shall protect the contractor against losses which may result from claims for damages for personal injury, including accidental death, as well as from claims for MWproperty damages, which may arise from any operations under this contract, whether such operations be those of the contractor, a subcontractor or anyone directly or indirectly employed by either of them and the amount of such insurance aw shall be as follows unless modified by the Special Provisions of these specifications. Contractor's Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000) for injuries, including accidental death GC-24 rr .rr to any one person, and subject to the some limit for each person in an amount not less than Five Hundred Thousand Dollars ($500,000) r on account of one occurrence; Contractor's Property Damage Insurance shall be in an amount not less-than Two Hundred Fifty Thousand Dollars ($250,000) for any one occurrence and subject to that limit per occurrence a total (or aggregate) limit of not less than Five Hundred Thousand Dollars ($500,000) for all damages arising out of injury to or destruction of property during the policy period. AW Property damage shall be insured on the Broad Form basis. The Contractor shall either (1) require each of his subcontractors to MW procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified above, or, (2) insure the activities of his subcontractors in his own policy. e. Property Insurance. The contractor shall effect and maintain fire in- MW surance w/all-risk coverage upon the entire structure on which the work of this contract is to be done to one hundred per cent (100%) of the insurable value thereof, (unless otherwise provided in the special provisions) IM including items of labor and materials connected therewith whether,in or ad- jacent to the structure insured, materials in place or to be used as part of the permanent construction including surplus materials, protective fences, ,M bridges, or temporary structures, miscellaneous materials, and supplies incident to the work, and such scaffolding, stagings, towers, forms, and equipment as are not owned or rented by the contractor, the cost of which is included ow in the cost of the work. EXCLUSIONS: This insurance does not cover any tools owned by mechanics, any tools, equipment, scaffoldings, stagings, towers, and forms owned or rented by the contractor, the capital value of which is not .� included in the cost of the work, or any other structures erected for housing the workmen. The loss, if any, is to be made adjustable with and payable to the contractor as trustee for whom it may concern, .+ except in such cases as may require payment of all or a proportion of said insurance to be made to a mortgagee as his interests may appear. �. The owner shall be named jointly with the contractor in all policies, all of which shall be open to inspection. Certificates of insurance shall be riled with the owner. The owner or his agents including engineer, the .r contractor and all subcontractors waive all rights, each against the others, for damages caused by fire or other perils covered by insurance provided for under the terms of this contract, except such rights as they may have to the aw proceeds of insurance held by the trustee. "" GC-25 a. AW If required in writing by any party in interest, the contractar as trustee shall, upon the occurrence of loss, give bond for the proper performance of his duties. The trustee shall deposit any money received from insurance in an as account separate from all his other funds and he shall distribute it in accordance with such agreement as the parties in interest may reach, or under an award of arbitrators appointed, one by the owner, another by joint action of the other parties in interest. If after loss no special agreement is made, replacement of injured work shall be ordered and executed as provided for changes in the work. The trustee shall have power to adjust and settle any loss with the insurers unless one of the interested parties shall object in writing within three working days of the occurrence of loss, and thereupon arbitrators shall me be chosen as above. The trustees shall in that case make settlement with the insurers in accordance with the directions of such arbitrators, who shall also, if distribution by arbitration is required, direct such distribution. 18. Payment of Bills by Contractors. The contractor shall promptly make ful I payment.for labor, material, supplies and provisions, at such times as they become due and payable, to all persons supplying said contractor or his subcontractor with labor, services, materials, supplies or provisions for the prosecution of the work provided for in the contract, and he shall not permit any lien or claim to be filed or prosecuted against the owner for or on account of any labor, services, material, supplies or provisions furnished. rw In the event that said contractor fails, neglects, or refuses to make prompt and full payment of any claim for labor, services, materials, supplies or provisions furnished by any person in connection with the contract as said claim becomes due, whether said labor, services, materials, supplies or provisions to be performed or furnished for said contractor or for his subcontractor, then, and in such event, the owner may withhold the amount of such claim by the person or persons furnishing such labor, services, materials, supplies, or provisions and deduct the amount thereof from funds due or to become due said contractor by reason of the contract. The deduction of any such amounts because of claims in the manner herein authorized will not, however, relieve the contractor or his surety from his or its obligations with respect to any unpaid et claims. Sums withheld for the purpose named herein will be paid to the contractor upon certification that said claims have been paid. Nothing contained in the foregoing section shall create any contractural relation between the contractor's creditors, agents,and/or employees and the owner. GC-26 r .r. 19. Air and Water Pollution Laws. The attention of the contractor is called to statutes of t state re oting to the pollution of water and air. The contractor shall carr his Y out operations in conformity with the applicable sections of state statutes and all regulations which are adopted pursuant thereto. 20. Use of Completed Portions . The owner shall have the right to take possession of and use any competed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such �. portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the completion of uncompleted work or causes refinishing of completed work, the contractor shall be entitled to such extra compensation, or extension of time or both, as owner may determine. GC-08 PROSECUTION AND PROGRESS 1 . Beginning of the Work. The work to be done under the contract shall not be commenced unci t e contract and performance bond have been executed by the contractor and his surety and delivered to the owner and until written notice to proceed has been received by the contractor. .. Performance of the work to be done under the contract shall be commenced within ten (IQ days after receipt of written notice to proceed by the contractor, unless later commencement of the work is authorized by the ow;leg. 2. Schedules and Progress Reports. At the beginning of the project the contractor shall furnis a—scTiedule o expected progress of the work under .+ the contract, showing approximately the dates on which each part or division of the work is expected to be begun and finished. The contractor shall also forward to owner as soon as practicable after the first day of each month, aw a summary report of the progress of the various parts of the work under the contract in the shops and in the field, stating the existing status, rate of progress, estimated time of completion, and cause of delay, if any. 3. Prosecution of the Work. If it appears to engineer that the rate of progress being made is not such as will insure the completion of the work within .. the specified time limit, he shall notify the contractor, his surety and the owner and appropriate steps shall be taken to insure completion of the contract as specified. If the contractor desires to carry on work at night or outside the regular hours, he may submit application to Owner_ The contractor shall allow wo ample time between submitting his application and proposed date of commencing t"" GC-27 Aw the new working hours to enable satisfactory arrangements to be made for inspecting the work in progress. If granted permission, he shall light the different parts cf the work in a manner satisfactory to owner and in compliance with all federal, state, and local regulations. 4. Subletting or Assignment of Contract. The contractor agrees not to assign, trans er, convey, or otherwise dispose of the contract or his right, title, or interest therein either in whole or in part, or his power to execute such contract to any other person, firm, or corporation, or to subcontract any part of the work without the previous consent in writing of the owner. In this connection, it is to be understood that the owner will not approve of the subcontracting of more than fifty (50) per cent of the work to be done under the contract. iris It is understood and agreed that, if any part of the work to be done under the contract is subcontracted, the subcontracting shall be done in accordance with, and the contractor shall be bound by, the following provisions: If the contractor proposes to sublet any of the work, he shall list the name of the subcontractor or subcontractors in the space provided in the proposal form and submit the list with his bid. Should the proposal form not provide space for the listing of the names of proposed subcontractor(s), the r contractor shall provide such a list to accompany his bid. Failure to include this information in his proposal could constitute cause for rejection of any and all future requests for subcontracting any portion of the work. All subcontracts shall be in writing and shall provide that all work to be performed thereunder shall be conducted and performed in accordance with the terms of the main contract. Upon request, certified copies of any or all subcontracts shall be furnished to the owner. In case the terms of any subcontract are, in the opinion of the engineer, unfair to the subcontractor or otherwise unsatisfactory from the standpoint of the owner, or in case the work being done or to be done under any subcontract is ie1 not conducted in a manner satisfactory to engineer, the contractor shall, upon written notice to this effect, cause such subcontract to be terminated and the subcontractor and his employees to be removed from the work. Any loss or damage that may be suffered, on account of such action shall be borne by the contractor. The contractor agrees that he is as fully responsible to the owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of his own W employees. Nothing contained in the contract documents shall create any contractural relation between any subcontractor, his creditors, agents, and/or employees and the owner. GC-28 Insofar as is practicable, the contractor shall make payment for sub- contract work in the some units and on the same basis of measurement as apply under the main contract. The owner will not be responsible for loss resulting from the contractor's failure to do so. In making payments to subcontractors the contractor shall protect himself against possibility of overpayment, and he shall assume such losses as may result from overpayment. The subcontracting of any of the work to be done will in no way relieve the contractor of any part of his responsibility under the contract. The contractor shall have on the work at all times a qualified and capable super- intendent whose duty shall be to direct and coordinate the operations of the subcontractors and to see that the orders of engineer are carried out promptly and intelligently. Failure of the contractor to control the work of the subcontractors to the satisfaction of engineer will result in the issuance of orders requiring the cancellation of the subcontracts and the removal of the subcontractors from the work. 5. Limitation of Operations. With reference to Item 2 above, no MW part of the work shal I be un erta n without engineer's review and no work shall be carried on contrary to his instructions. In case of a dispute arising between two or more contractors working in the same area as to the respective rights of each under the specifications, engineer shall determine the matters at issue and shall define the respective rights of the various interests involved, in order to secure the completion of all parts of the work in general harmony and with satisfactory results. His decision shall be final and binding on all parties concerned. 6. Water Supply. The contractor shall provide pumps or other means to supply water underessure to clean up the excavated surface and forms 'o prior to concreting, for sprinkling concrete, and for other purposes for which water is required. He shall also provide an adequate and pure supply of drinking water for the use of his employees and shall indicate the some by sign. am water shall be made for fire protection where fire hazards exist. 7. Use of Premises. The contractor shall confine his equipment, storage of materials and operations o his workmen to limits indicated by law, ordinances or permits and shall not unreasonably encumber the premises with his materials. The contractor shall not load or permit any part of a structure which he is constructing under this contract to be loaded with a weight that will endanger its safety, nor shall he use any such structure for any purpose without the approval of the engineer. 8. Protection of Work and Property. The contractor shall continuously maintain adequate protection of all his work from damage and shall protect the GC-29 owner's property from injury or loss arising in connection with this contract. He shall make good any such damage, injury or loss, except such as may be directly due to errors in the contract documents or caused by agents or employees of the owner. He shall adequately protect adjacent property as provided by law and these contract documents. ► The contractor shal I take al I necessary precautions,for the safety of employees on the work, and shall comply with all applicable provisions irri of federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public, and shall post caution signs warning against the hazards created by such features of construction as protruding nails, hod hoists, holes, scaffolding, stairways and falling materials; and he shall designate a responsible member of his organization on the work, whose duty shall be the prevention of accidents. The name and position of the person so designated shall be reported to the Owner by the contractor. In an emergency affecting the safety of life or of the work or of ad- joining property the contractor, without special instruction or authorization from .anginger or owner, is hereby permitted to act, at his discretion, to prevent + such threatened loss or injury, and he shall so act, without appeal, if so instructed or authorized. Any compensation, claimed by the contractor on account of emergency work, shall be determined by agreement. 9. Character of Workmen and Equipment. The contractor shall employ only competent and efficient foremen, superintendents, laborers, mechanics, or other employees; and whenever any employee is or becomes unsatisfactory for the work assigned to the employee the contractor shall remove him from the work and not employ him again upon it. The methods, equipment and appliances used and the quantity and quality of the personnel employed on the work shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the time limit specified. Only efficient and competent laborers and foremen shall be employed on force account work, and only tools and equipment in good condition and suitable for the work shall be used. engineer shall have the authority to dismiss from force account work any laborer or foreman whose efficiency and ability is below that necessary for the reasonable, adequate and timely prosecution of the work required and to refuse to allow the use of tools and equipment which are not suitable for the work. Dismissed laborers and foremen as well as rejected tools and equipment shall be replaced by the contractor to the satisfaction of the engineer. GC-30 10. Temporary Suspension of the Work. Engineer shall have authority to suspend the work wholly or in part or suc period or periods as necessary, due to weather or such other conditions as are considered unsuitable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the contractor to carry out orders given or to perform any or all provisions of the contract. If it should become necessary to stop work for-.an indefinite period dw the contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration OW of the work performed, provide suitable drainage, et cetera, and erect tem- porary structures where necessary. The contractor shall not suspend the work without written approval from owner. In all cases of suspension of MW construction operations, the work shall not again be resumed until permitted by order of the owner. Ow The contractor will be responsible for all damage to the work that may occur during suspensions of work the some as though the damage had occurred while the work was in progress. U. Time of Completion of Work and Extension of Time Limit. Time is of the essence—of the contract. Therefore, the work to be done under the contract shall be completed in its entirety within the time specified in the Special Provisions; provided however, that the owner may, by mutual agreement, extend the time for completion of the work without invalidating any of the provisions ,�. of the contract and wi thout releasing the surety. Extensions of time as above provided will be considered by the owner �. only upon receipt of a written request from the contractor accompanied by the written consent of the surety. Each request shall state the date to which the extension is desired and shall describe the conditions which have operated to prevent completion of the work within the specified time. When an extension of time is granted on any basis other than those �• delays caused by acts of the owner or "Acts of God", it shall be with the understanding that the contractor will reimburse the owner for the engineering expense incurred in connection with the work during the period of the extension in addition to extra expense of any kind that may be brought upon the owner by reason of the over-run in time. aw Should the owner cause a delay in the completion of the work by reason of requirements on extra work or otherwise not provided for by the plans or these specifications, the contractor will be granted an extension of time for GC-31 aw .r completion equal to the amount of such delay and no charge will be made against him for the extension of time so granted, provided, however, that all such extensions requested by the contractor shall be made to the owner in writing on or before the fifth of the month following that in which the alleged delay is said to have occurred and such claim for extension of time shall state explicitly the reasons therefor. Should the contractor fail to file such written claim for extension of time within the period provided therefor, he thereby �. shall have abandoned any claim therefore. No claim for delay will be considered by the owner except that alleged to have been caused by extra OW work or special order of the owner acting through the engineer. In naming the prices for completion of the work within the time specified, it shall be understood and agreed the work shall be completed within that time. If, however, said work is not completed within the time named in the contract, as extended to cover the total days of delay allowed in the paragraph above, the owner shall deduct and retain out of any sum then due or that may become due the contractor at time of such delinquency or later, the sum specified in the Special Provisions for each and every calendar day that the date of final completion of each contract is delayed. In submitting a proposal and signing the contract, the contractor thereby shall have agreed to these provisions and, furthermore, , . that the sum deducted and retained is not a penalty but a reimbursement to the owner for damages which the owner will have sustained by reason of such delayed completion. Damages so liquidated are understood to include the . additional cost to the owner for any additional engineering and review, interest charges, and overhead all of which damages would be difficult or impossible to ascertain accurately. Delay forced upon the contractor by failure on the part of the owner and its representatives to act promptly in the carrying out of its obligations OW and duties under the contract will be considered cause for waiving a part or al I of the aforementioned reimbursement, only when and to such extent as such failure does actually prevent reasonable completion of the work within the specified time. Changes in plans and increases in the quantities of work to be performed will be considered cause for said waiver only when they are of such nature and when they occur at such times that they materially and necessarily retord the progress of the work. WO GC-32 w.. r Temporary suspensions of the work when ordered by engineer or Owner in advance and with written. agreement to the effect that time extensions will be allowed for them, will be considered cause for said waiver. Amounts due the owner from the contractor under the foregoing provisions shall be deducted from any monies then due or to become due said contractor under the contract, and such deductions shall not in any degree release the contractor from further obligations in respect to the fulfillment of the entire contract, nor any right which the owner may have to claim, sue for, and recover compensation and damages for no performance or breach of the contract. W. 12. Annulment and Cancellation of Contract by Owner. If the contractor should be adjudged a bankrupt, ori he s ou d ma e a general assignment for the benefit of his creditors, or if a receiver should be appointed .r on account of his insolvency, or if he should persistently or repeatedly refuse or should fail to supply enough properly skilled workmen or proper materials for the efficient prosecution of the project, or if he should foil to make �.. prompt payment to subcontractors or for material or labor, or persistently dis- regard laws, ordinances, or the instructions of engineer , or other wise be guilty of a substantial violation of any provisions of 4e contract, then the owner, upon the certificate of engineer that, in his opinion, sufficient cause exists to justify such action, may without prejudice to any other right or remedy and after giving the contractor and his surety seven (7) days written notice, terminate the employment of the contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method it may deem expedient. In the event action as above indicated is taken by the owner the con- tractor shall not be entitled to receive any further payment until the work is completed. On completion of the work, determination shall be made by the engineexof the total amount the contractor would have been entitled to receive for the work under the terms of the contract, had he himself completed the work. If the difference between said total amount and the sum of all amounts previously paid to the contractor, which difference will hereinafter be called the "unpaid balance", exceeds the expense incurred by the owner in completing the work, includin ex pense administrative services, such excess will fbe paid or 'tto the contractor,ional managerialawith the consent of the surety. If, instead, the expense incurred by the owner exceeds the unpaid balance, the mount of the excess shall be paid to the owner by the contractor or his surety. The expense incurred by the owner as herein provided, and the damage incurred through the contractor's default, shall be as determined and certified by the engineer. GC-33 In addition to and apart from the above mentioned rights of the owner to terminate the employment of the contractor, it is expressly understood that the contract may be cancelled at the election of the owner for any willful failure or refusal on the part of the contractor to faithfully perform the contract according to all of its terms and conditions; provided, however, that in the event the owner should cancel the contract, neither the contractor nor his surety shall be relieved from damages or losses suffered by the owner on account of the contractor's said breach of contract. It is understood and agreed that the owner may, at its discretion, avail itself of any or all of the above rights or remedies and that the invoking of any one of the above rights or remedies will not prejudice or preclude the owner from subsequently involving any other right or remedy set forth above or elsewhere in the contract. 13. Right of Owner to Do Work. If the contractor should neglect to prosecute thi—work properly or fail to perform any provision of the contract, the owner after three (3) days written notice to the contractor, may, without prejudice to any other remedy it may have, made good such deficiencies and deduct the cost thereof from the payment then or thereafter due the contractor. 14. Contractor's Right to Stop Work or Terminate Contract. If the work should be stopped under an order of any court, or other public aut ority, for a period of three months, through no act or fault of the contractor or of anyone employed by him, or if engineer should fail to issue any certificate for payment within ten (10) days after it is due, or if the owner should fail to- pay o-pay to the contractor within thirty (30) days of its presentation, any sum cer- tified by engineer and approved by the owner, then the contractor may, upon seven days written notice to the owner and engineer stop work or terminate this contract and recover from the owner payment for all work executed and any loss sustained upon any plart or materials and reasonable profit and damages. 15. Suits or Actions Concerning the Work. Should a suit or action be filed by either t contractor or his suretyagainst the owner or by the owner against the contractor (or his surety), the parties agree that the venue of said suit or action shall be in the county of the state in which the work was or is to be. performed. ' If one of the questions at issue is the satisfactory performance of the work by the contractor and should the appropriate court of law judge the work ,s„ of the contractor to be unsatisfactory, then the contractor or his surety shall reimburse the owner for all reasonable attorney's fees and for all legal and all other expenses (as may be allowed and set by the court) incurred by the rrir GC-34 r. owner because of the suit or action and, further, it is agreed that the owner may deduct such expenses from any sum or sums then or that may become due the contractor. Should there be no such funds available or should such funds be not sufficient to cover the said expenses, then the contractor or his surety shall pay all or such additional costs involved. GC-09 MEASUREMENT AND PAYMENT 1 . Methods of Measurement and Computation. All work completed under the contract shall measured y engineer according to United States standard measures. The methods of measurement and computation to be used in the determination of the quantities of materials furnished and the quantities of work �. performed under the contract shall be the methods outlined in these specifications or by those methods generally recognized as good engineering practice, which in the opinion of engineer, give the greatest accuracy consistent with • practicable application. 2. Scope of Payment. The contractor shall accept the compensation as herein provided, infu payment for furnishing all materials, labor, tools and equipment, and for performing all work under the contract, also for all loss, damage, or liability arising from the nature of the work or from the action of the elements, or from any unforseen difficulties which may be encountered during the prosecution of the work until its final acceptance by the owner. 3. Alteration in Details of Construction. The owner reserves the right to make, at any time during the progress o t e work, such increases or decreases in quantities and such alterations in the details of construction as may be found to be necessary or desirable. Such increases and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to accept the work as altered, the some as if it had been a part of the original contract. Unless such alterations and increases or decreases materially change the character of the work to be performed or the cost thereof, the altered work shall be paid for at the some unit prices as other parts of the work. If, however, the character of the work or the unit costs thereof are materially changed, an allowance shall be made on such basis as may have been agreed to in advance of the performance of the work, or in case no such basis has been previously agreed upon, then an allowance shall be rrnde, either for or against the contractor, in such amount as may be determined to be fair and equitable. No claim shall be made by the contractor for any loss of anticipated profits because of any such alteration, or by reason of any variation between the approximate quantities and the quantities of work as done. GC-35 4. Quantities and Unit Prices. a. Lump Sum. The contractor shall include in the contract sum all allowances name in the contract document for items (or for the entire work ) which are to be paid for under a lump sum price (s) and shall eo cause the work so covered to be done for such sums. Should engineer direct that additional work be required or work deleted under a lump sum price (s) item, the contract sum will be adjusted therewith by negotiation or may be based upon the basis of "extra work" for additional work at the option of the owner. The contractor declares that the lump sum price (s) includes such sums for all expenses and profit as he deems proper. No demand for expense or profit other than those included in the lump sum price (s) will be allowed. b. Unit Prices. The total amount to be paid under the contract for items for which unite priTces are to be named will be calculated on the basis of the unit prices named in the proposal for the quantities actually incorporated into the finished project, all as provided by the proposal. The quantities named in the proposal or separately listed are approximate only but these are to be used as a basis for the comparison of bids and to determine the amount of the performance bond. However, if unit prices appear to the owner to be unbalanced to such an extent that changes in actual quantities required under the contract might result in contract price adjustments which would increase Ali payments to the contractor excessively, then the owner may take such a condition under consideration in making the award of the contract. The owner expressly reserves the right to increase or decrease the estimated quantities during construction and to make any reasonable changes in design without thereby being obligated to the contractor in any way as a result of losses he may sustain because of inadequate unit prices or because anticipated profits are not realized. 5. Claims for Extra Compensation. In the event any situation arises which, in the opinion of the contractor, entitles him or will entitle him to compensation in addition to that which he will receive at the prices and on the basis of payment specifically set forth in the contract and in previously issued extra work orders, price agreements and supplemental agreements, the contractor shall notify owner of the situation and of his intention to make claim for such additional or extra compensation. The notice to , owner shall be made in writing and shall be delivered before any of the extra expense to be e claimed is incurred. The notice shall set forth the grounds on which the additional or extra compensation is to be claimed. If notice to the owner is not thus given, or if engineer - is not afforded proper facilities by the contractor for keeping strict account of actual cost, then the contractor hereby agrees to waive the claim for such extra compensation. Such notice by the contractor, and the fact that engineer has kept account of the cost as GC-36 �r ■r aforesaid, shall not in any way be construed as proving the validity of the claim. In case the claim is found to be valid and just, it may be allowed and paid for +r as an extra as provided herein for extra work, or it may be allowed and paid under a supplemental agreement to be entered into between the parties to the contract. 6. Payment for Force Account Work. When extra work is ordered by Owner to be dune on a orce account asis (either by the contractor or an approved subcontractor) such work will be paid for on the basis of the actual cost to the contractor or subcontractor plus an allowance of fifteen (15) per cent thereof. Where said work is performed by an approved subcontractor, five (5) per cent will be allowed the contractor for supervision of the sub- contractor's work. The items of cost to which the above percentage will be added and to which payment will be restricted are as follows. a. The payment to be made for labor used in the work will be made at the rates actually paid (plus a sum not to exceed 25 per cent thereof for items of direct overhead on labor such as but not limited to welfare or fringe benefit payments, social security, accounting, insurance, etc.) to the laborers and foremen by the contractor or subcontractor unless these rates are in excess of the current local prevailing wage rates, in which event, payment will be made at the local prevailing wage rate. The time allowed will be the number of hours worked directly on force account operations. b. Payment for purchased materials, equipment and supplies used on force account work will be made at the prices billed to the contractor or subcontractor by the supplier, less all discounts. It will be assumed that the contractor or his subcontractor has taken advantage of all possible discounts on bills for materials and supplies, and such discounts will be subtracted from the total amounts of bills regardless of any failure of the contractor to take advantage of some. Freight and express on material and supplies will be considered to be a part of the cost of the materials and supplies and will be paid for as materials and supplies. C. Materials and supplies produced by the contractor or subcontractor wi I I be paid for a t prices to be agreed upon between the contractor and Owner , which prices will be no greater than the prices at which the materials and supplies can be obtained elsewhere. d. Where the use of rental equipment is authorized by the engineer, rental on such equipment used will be paid at the rates actually paid by the contractor or subcontractor unless these rates are in excess of the current local rates or unless the equpment is owned by the contractor or subcontractor, GC-37 in either of which events payments will be made at the rates to be agreed upon between the contractor and engineer, I prior to beginning work, which rates will in no case be greater than the current local rates. For equipment rented on a daily or hourly basis, rental will be allowed for only those days or hours during which the equipment is in actual use. For equipment rented on a monthly basis, straight time rental will be allowed from the day the equipment is first used on the particular piece of force account work until and including the last day on which it is used on that particular work, provided the equipment is not used on other work during the period, and provided further that the equipment is not idle for a continuous period of more than six days. No rental will be allowed for any parts of idle period of lengths greater than six days or for any time during which the equipment is used on other work. The rental allowed for equipment will in all cases be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances will be made for those items unless specific agreement to that effect is made in writing before the work is commenced. Individual pieces of equipment having a value of one hundred (100) dollars or less will be considered to be tools or small equipment, and no rental will be allowed on such. The fifteen (15) per cent allowance to be made to the contractor (or subcontractor) will be made on all items of cost listed above except for rental on equipment authorized by engineer to be used on the work in which case the allowance will be five (5) per cent. The percentage allowances made to the contractor in accordance with the terms outlined above will be understood to be reimbursement and compen- sation for all supervision, use of tools and small equipment, overhead expenses, bond cost, insurance premiums, profits, indirect costs and losses of all kinds, and all other items of cost not specifically designated herein as items involved are furnished or incurred by the contractor or by the subcontractor. No other reimbursement, compensation or payment will be made for any such services, costs or other items. Should any percentage allowange or other corresponding allowance be made by the contractor to a subcontractor (other than specified herein), in connection with force account work, such allowance shall be at the sole expense of the contractor and the contractor will not be reimbursed or other- wise compensated for the some by the owner. 7. Force Account Bills. Bills for force account work must show in payroll form t e dates, names, ours worked each day, rates of pay, and amounts GC-38 r ,rr paid to each individual employed on such work, and must give in detail the .. nature of the work done by each. Bills for materials must be fully itemized, showing dates of delivery, quantities, unit prices, amounts,and discounts, and must be accompanied by receipted invoices covering every item. All bills, payrolls, and other forms of claims for payment on force account work must be submitted in triplicate, must state the number of force account work or change order applicable and the name or number of the contract under which the work was performed, and must be approved by the owner. Failure to present claims in proper form within thirty (30) days after the close of the month in which the work covered was performed shall constitute a waiver on the part of the contractor of his right to present such claim thereafter or to receive payment therefor. 8. Payment for Omitted Items. The owner shall have the right to cancel portions of t contract re ating to construction of any item therein by payment to the contractor of a fair and equitable amount covering all items of cost incurred prior to the date of cancellation or suspension of the work by order of engineer. Where practicable the work completed before cancellation shall be paid for at unit prices, otherwise the contractor shall be allowed a profit percentage on the materials used and construction work actually performed at rates as provided under "Payment for Force Account Work", Article GC-09-6, but no allowance will be made for anticipated profits. Acceptable materials ordered by the contractor or delivered on the work prior to the date of cancellation or suspension of the work by order of the owner shall be purchased from the contractor by the owner at actual cost and thereupon becomes the property of the owner. rr 9. Partial Payments. At a regular period each month the en gineer shall make an estimate o tTie amount of work completed and of the value of such completed work. He shall also make an estimate of the amount and value of accep- .. table material to be incorporated in the completed work which has been delivered and properly stored at or near the site or at a location acceptable. to the engineer. He will also estimate and allow the full amount earned under force account work, as the value thereof. The sum of values will hereafter be collectively referred to in this subsection as the "value of completed work". With these estimates as a base, a partial payment shall be made to the contractor, which shall be equal to the value of completed work, less such amounts asamay)have ent been previously paid, less such other amounts as may be deductible or as may be owing and due to the owner for any cause, and less an amount to be retained in protection of the owner's interests. In no case shall the amounts allowed as partial payments exceed the reasonable value of completed work as estimated by the engineer. GC-39 the amount to be retained from any given partial payment will be such that when added to the sum of amounts previously retained will bring the total of amounts retained to an amount equal to ten per cent (10%) of the value of completed work, but in no case, to an amount greater than five per cent (5%) of the contract amount. After the retained amount has reached five per cent (5%) of the said contract amount, that amount will be retained until such time as final payment is made with the following provision. Upon substantial completion of the work under the contract which shall be understood to be not less than 97-1/2% of the work, owner may, atits discretion, reduce the retained amount to an amount equivalent to not less than 200% of the contract value or estimated value or estimated cost, which ever is greater, of the work remaining to be done. The owner may in all cases retain an amount of money, or, on account of subsequently discovered evidence, nullify the whole or a part of any payment certificate to such extent as may be deemed necessary to protect the owner from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the contractor to make payments properly to subcontractors or for material or labor. d. A reasonable doubt in the opinion of the owner that the contract can be completed for the balance then unpaid. e. Damage to another contractor. Should the amount due the contractor under the estimate for any given month be less than five hundred dollars ($500.00) at the option of the owner, no payment shall be made for that month. Partial payments shall not be construed as an acceptance or approval of any part of the work covered thereby, and they shall in no manner relieve the contractor of responsibility for defective workmanship or material. The estimates upon which partial payments are based are not represented to be accurate estimates, and all quantities shown therein are subject to correction in the final estimate. If the contractor uses such estimates as a basis for making payments to subcontractors, he does so at his own risk, and he shall bear all loss that may result. The making of partial payments under the contract,either before or after the date set for completion of the work shall not operate to invalidate any of the provisions of the contract or to release the surety. ■ GC-40 we At the time payment is made for any materials which have been stored on or near the site, the ownership of such materials shall be vested in the aw owner, and they shall remain in storage until used on the work. Such materials shall not be used on other work. The contractor shall be responsible for the replacement of any materials which are damaged or stolen during storage. 10. Advances on Materials. For materials delivered and held in storage upon the wort or near t e site of the work if approved byengineer ), allowances will be made in the partial payments to the contractor. These allowances shall be in amounts not exceeding ninety per cent (90%) of the net cost to the contractor of the material f.o.b. the work,and from such allowances there shall be retained the percentages regularly provided for in connection with partial payments. In cases where there is a bid price on a given material in place,the allowance shall be further limited to not exceed ninety per cent (90%) of the difference between the bid price and the cost of placing as estimated by the engineer. .� At the option of owner no allownace for materials shall be made on any partial estimate unless the total allowable value for all materials on hand is at least one thousand dollars($ 1,000.00) and no allowance shall be W made upon any single class of material the value of whcih is not at least five hundred dollars ($500.00). The inventory of materials for which advances are requested shall be kept to as reasonable an amount as required for prosecution am of the work. No allowance shall be made upon fuels, supplies, form lumber, falsework, or other materials, or on temporary structures of any kind, which will not become an integral part of the finished construction. As a basis for determining the amount of advances on material, the contractor shall make available to engineer such invoices, freight bills, and other information concerning the materials in question, as the engineer may request. Should there be reasonable evidence, in the opinion of the engineer, that the contractor is not making prompt payments for material on hand, allow- ances for material on hand will be omitted from partial payment. 11. Allowance for Materials Left on Hand. Materials not required by +w the unit or lump sum prices named in the pr-o—p—os-a-Tbut delivered to the work at the order of engineer but left unused due to changes in plans, will, if the materials are not practicably returnable for credit, be purchased from the contractor by the owner at actual cost (without percentage allowance or profit), and shall thereupon become the property of the owner. 12. Final Estimate. As soon as the completed work shall have passed satisfactory inspection, engineer will so notify the owner and contractor in writing and the contractor will then be paid an amount such as will make the total payments equal to the total contract price less the retained percentage. r. GC-41 pavm'Jnt of the final estimate will be made at the same time in the month and in he some manner as above provided for monthly estimates. The retained percentage of the final contract price shall be retained for a period of thirty {30) days following the final acceptance of the completed project, and every person performing labor or furnishing supplies toward the completion of said improvement or work shall have a lien or claim upon said fund so reserved, provided such notice of the lien or claim of such claimant shall be given in the manner and within the time provided by law. After the expiration of thirty X30) days following the final acceptance of the work said reserve, or all amounts thereof in excess of a sufficient sum to meet and discharge the claims of material men and laborers who have filed their claims, together with a sum sufficient to defray the cost of such action to pay attorney's fees, shall be paid the contractor. 13. Suspension of Payments. No partial or final payment shall be made as long as any order made by engineer to the contractor in accordance with the specifications remains uncomplied with. Neither shall any partial or final payment be made as long as any claim or lien filed or prosecuted against the owner, the owner's officers or employees contrary to the provisions of the Oil contract remains unsatisfied. 14. Correction of Work after Final Payment. Neither the final cer- 6111 tificate nor payment nor any provision in the contract documents shall relieve the contractor of responsibility for faulty materials or workmanship and unless otherwise specified, he shall remedy any defects due thereto and pay for any Mi damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance. The owner shall give notice of observed defects with reasonable promptness. All questions arising under this to article shall be decided by the owner. 15. Payments. Payments under the contract shall be paid in cash by the owner unless otherwise provided by the Special Provisions of these specifications. +w GC-42 PSV ir Or SeC. t `rip-4011 pie SP- 10T,zoso ►,�1 t r . r r e r • • • SP'" }Z SP-82 S o ll _0(yM fit O Li.+�n "W"t3�1ding Takes, Contribute Irizs_trial ` idem00 �tE� iat1S• r SP-01 . nt of C2a#� . • SP-02 ��krig Hou rSf SP-OZ c - vi i r r r ! . . R�• . . . 11CsCrfttlA$t].® 1 �.`♦ .+ ♦ ♦ r • • SP-02 is [+Wrks SP-{?2 . � At S21t3 QIP tt9 SP-04 AA 0d a z of ar : 1 tws egbn • . ,. ... .,i f'! :. . ..., . , • SP-04 SP--03IONS. - SP-04 SP--04rrA� !� '�S ? lf'� ` t `S♦ ! . • SP-os 05 7 • ♦f • r.♦►.M•,!!r I..Y *Y•� Y♦eusr♦ !*s s♦•. f•t'♦♦r"f.r�r"''fti'�r•R,.r•'•i♦`ri♦.'..•♦t MtR ••► a•!'♦s• ••• •.• i♦•.. Si-SP-Q5 # r ♦ SP-06 , '$ rMy4i SP-06 • 0 7L— SP-06 • SP-E?8 � , •'♦�•'♦'.:•"R ,• •-i"•`} s � ! ,`a r,i i'•.i'r'": , • • R • • • • • • '.SP-0 '� S+P^'f**I S AF ��qq RTX #",i`... • �,. . , 4 . 4 • • • • • • ♦ S+Py-09 COMP� �#5 :rGA�yyFt T�jyD,A •'s♦ ♦ • • s,, • ♦ ♦ • , • • • • SP-1 { SP-1, Mnsv T c i�1 Y �r ♦ •'t +-:r+ r r4a • s r r • • • • • • <SP-11 SP— � ' �ATk! ,'• , • • ♦ • •1 i# •;!• �f'♦ i ♦`�• f! r:'• r •..•.� • • •. SP r' $P- ' �••.•� 3, '•R0�'♦ i !# • * ! •"1;1�.• • ♦♦�i'• • ,.i'• • • • • • • SP-11 SP-14 , �8 off. SUBCWZRACE'S« , ,, . , .. . . . . . . SP-11 S ?••],r�, rk t � v+ � +� l i, r'R , , . i • • . ♦ • • ! SP-12 SP-26 � Sl � ' AAIJSPfEYNTION 5P-13 SP-1"7 -13 SP i7,€'�"F*�V Y. 'r'�i#y a►r, rr �� � ' �7s 5 .. r ♦ r r•i<• ♦ ♦ +l;'4 i is !! me . AND 0BRSUCTtOM♦ • •G ♦•.♦♦ •• ♦•t. •• ,a � • 'wi y #� 'RTC38 *t7 CiceON :. SP-14 SPei-14 to.fii '-,, r �." 41k �r . s . . .-a • . ►, r. r �'` t i y . .a i s-.. • • P"" VV—P L's s. s •.• • • . v :'r . a'`i +i •t ".,.a t ..r . •"• ;'7 "`J„�7 .027 MAmRRIAL STAR G • , ...;`. • • SP-15 : - 8 ft:,AND 'MATERIALS FOI,S� i3y t ONE . . • SP-16 1 7777777�' 77177. q. Otection xv interest ;above wet .. ort wi 11 deduced cfotatce +with thy: follmving A� 11 .the contraact�►z; 'dearis .with rrds az�d a;scurities of me . . at 1,04 t mount the ha�ntract. a ig tie eontracct " recto. mmrxunt ari. . . tttatihed, front pakrtiel ypnts. it t)ond 0.4 , ' .;terrier durf x "ice `iii, 6' the ccntr.eu t,: atn tai :nand acarit+ r .l re`etcst " ' atn mount equal ► n of .. 7_7ds and sects ti» +phis rod�actic�n its retia will m ih tfie . tit 4 subset , the. ,centsectcz fid. and' securities wi. ► the owner. C« flus t the ,bMondi And" securities . : be peri i1.lr : stermind bey thi gazer .and auanount "reti.n an tar- 'tial a t.s wild b�+� a listed` aCcord�ingly: b. e bs�nds an searit ®a.�de�osite by . ontactor_ be 6f a kind �p�ro�rsd hY the Mate �sasu ear ;lit the tib the batrter detemoin s 1 requ,i 'e- mexztattc�! ""I�i�Qt 'M$ 11 � " .' F : ?` .i + 1, . 4 1 t�+ s' r o ri.t�6a vil 1a t � o tha' con radar,. '"" 3 CO 0-0-0 sp .fiC�►t �s .:$b . �: .� 4,A std azo, ful . his darn A ,Z P90, s s. SP-41t" iTT OF Thela's ' aregon require t, At all Prospective bidders lic on pubko -6,ohStruction must;��ua ity here€ori to the sadafact .on € the owner o€ such; - `before the forms or other d �ntazih. are essentialain tau Preparation ' and filing o:f a , a1rtiay be .esued� �+f alifcaton o€ bidders o contracts must lishe8 on forms preserib Napax'tment of c It therefore will be pies ,.. t�t,`'aach. bidder will have applied to the owner. fcr, a PPr .his ualfioafioss :; i .l have received SUI ch` apprc�v l More .tOqur�sting t At Enid f©rms or do cumente be issued Pxospecti�te kireri4 rho hereto€ore may have qualifi+eu th the ownerwho$Oevidence of such qualificati ie Mill accePtab ; upcn request receive the nese s as aMWOV41 without, proof thereof -- all subdieretion All Prospective bidders �r t . + + or c cu nt r.preparation of proposal e`owner ten (10) days prior to peal .submission. SP-02 CSR 1S AC»0 1. Pa .:Dans T�itkhold a . Gan►tsbutons to Indus nt � 'ar as, The con.- tractor .s Pant, ► a$ ua ;tc a persons supplyi ` to .thea cont actor lir br siater�:e�ls for the prose- cuticn of to rrrk pxovided for hn, and shall POLY all pontr # t o4s car mounts due the State Industrial .Accident ��� tSIA�'� ► tha cmntractor or auboont-ract+�rs incurred , in, t pc off' this contract. h® contrs►otor she11 X ;t � :i,en or :cle3A to be filed or pro+ ted against theont orf any labor or trial furn3hed, and ell pay to rthe,impartment Of Revenue a 1: sem. withheld from lLayees p SA140t to aRS 315.3?S .pr AS 31i bpS 316.7141 as . ided, and o s.167. IF i SP-01 7777 77777 D• Pre-construction worxg and sOil's testing A soils investigat,jag was conducted at the site by Carlson Testing, Inc,* , as evidenced by the attached letters dated April 5 and C, 1098. During, the month cyr Tigard Water Dist.riot "Personnel and equipment, along with; recited heavy equipitent and ogrrator (s) , performed the recommendetd ,corrections to soil conditions as described below:' "'khat 'all structural. loads be placed on the. tcdium stifr ,brawn claye�t hilts underlying the soft,. maturated clays Structuralill `Placed to correct far' av�- excavation 'shall b . }4" ,. � � minus cru.ah"' rtio�C .played in 8 inch lifts w .th. ixs offer la`' in depth :copicted to 92% density per �: -1&©'. Pills place , user fodt- ings shall have, a ° dth, eq I l to twice their degth plus the width of the foctiftg." As this 'work progrssse� ' f requent addititnal. testng was . ''e t ngr ;ino. A final atisfa tory conducied by Carlson rep ?xt ii�st be ,received-NrIC�L, beginning coAstr.uht%bri of the ©p+�rations Center. (Sitfary report received>,. Upon, completion of this preliminary work, gruel :fill` has 'closetc the finished grade .below the prdp6fied .cotII to sla . b. it is proposed that the' f 1h*Sh04 !grade on toy` of -the concrete slab will be at elevation' 161' feet above sea Yell . SP- 8 �tr �t A i 1d 4 14 aW established' in Or tV + � r Or A" ling rata + � t8ktut ' nat epgly 3 rr � ���` +a� is io y pot �` thl or e re ft, W4 e � e^ ailizag rates of �e trt that the pre- ORO va ,l'in '10, { h tr ,d+ Fl orlcen in each the contract OMP OY0d contracts r "x or 'by the trach �' �.rraQns do-.ng or con# ter �t =corxteplated by the bo ►tra�ct In ocac � tar � " le of Mir►3,mum oirl 7 � h � reement and the 'cntraet; shell be not; � ati� ' hourly r s a taracta`r." hells r *44aandule. The con- !asi -or this posted- ; a groj ect 77: � ca �esIn lxzmee # �4 . � o abet project. lige rats , � � hourly other s $ . r e `0 erred to and '� ham , �+ such -other" rates have in �csiaicina" in accord- ice with' r; ` tC�►7�tr the Conflicting ` sc�rtract. �r libox c+ the owner that Ape caLal � with the Ff• �o t t t; .tfrtra to 1 �g tis and prospective + : ` .:*ted« t in the con- he c wade "fin :finec+c+r► t of t 17 SSR t" IFS"M . asre h its 't r pv-EO Old /exp-^qs rl + 20(0*:r y► it S's t 444C*. H.4 TY�t�, hrr c. ♦,FT $ t,c4. QW 'S)4 ` 4�' ,�► CLAY -777 IWO U. NO t, w�v.FJ +6p" < 1 40 � �� TI'e ; r SP-04 lTis nether` or not there alFps�ar here ar elsewhere herein Spec .0 refry p ; to guar*nta�0a 'of at -items of material, equlex, # nrhp, e . : + + h - a shalt be so guaranteed4at »fca1 atruttw al. or ether defects for which 10_ti oortra�etor e� tea� abl khat many developor become evi th ,A a period of=v: r ) ' year from and after a6 11 tf thevor shall :nclo came ,Of macka,nl f �hssorh guarantees tures ahto� � .aette toah + truc- t as totrtuire rei2lin or ;fie 40hg .roadway tc 'restore the c�rigi nal `or 6ond3.tion or shall be t ' his guarantee �t t :Lraply. Pte ' ae�nt�on to array remedy of such d�fa��� aar sae And as they occur ft, 't ,�lsll hw e of them exateae.. f the + efeetr the oaionofotheowme if of Such ash tri de'maad dare reparir, the owner r, Mailhaeme Ih rht -to �rt►ake , �, a�ri bast thereof shall be bora+ :'the contractor. e�ntractors gua� rlit�tE3 per- foragano aMa r e. in n fult,.fes : effect for one (l) year 1"',. oceptat�ce ` Frmect by the owner. The ►nd ; � �; + e? te h : Y ;a :+coe4y authorized to do busina� �rtfx►° �e ,Mate � '�oh.�` � it shall be .sub- 77 j ect to the ar r�va► : of the attorbe fOr the owner. , SP- 05_` . The a"ttention :a . � + to, the Genera, Carrdition�o relit. cin partenta, d .#be,. holdharmless clauses ,thane# n 3 tics t thi, � teat rtated therein cntrsctQ , 2sall axil rhe ' ar:ll r attiea :$rad. alae tt ', icor the in r�. i' Fateant. 49Or 3.t�s�e of � of an UT required for F � � e is to the contractor of: all 'roy�tly t te ;dor tem grocesaei ar ,� Fay-; ar scsr Fri ear; rigid for the. arork in the Pr be fors SP-0 C E t RA SS R Ft3EUNG SYSfi' DRhWI T dater dct "88 I itee Dov,a ► �r� .ah` F-2 �illtonarict Suild�-tn ` r . 1 an '` V1 :., .. t2: � Ad. arid. F-4 F-5 tai I d d .,�t�rat� ' SF'-01 and 08 die tom: work: and for its n `V'the proposal it shall undrarst ahathat �kih�tll be completed Lthiri tw ►�-art is not coump.leted within irk th+ a ."eatend ec to cover the #. i` . " Maty , Iced ratgraph above, the + ,reta► n .aut o s theta due or that may oanttrectc at ` � of such delinquency or later °: " «� for a � : � every onl+ udar day that the $ + a f ial C+cp atiou o .tie Werk is delayed. z fin° the prda . n� l$ninc the contract, thid e; nr �" ae�h shrll � � to #. ee provisions�` " thane' a �eet� n ;.retaned is not a Pau �� reetat t+�: + damages that the owner i .l° xh� a etained by reason "such do aged completion. e ;liguidatdod to include the addt . tk to the otter. � ` '# deer." supervision, intret overh+ea , ea wotald be diffi6ilt sat Ye ieo a =ly. �dereti+c t 41d,"the contractornot coaepletfe with th0t ified, the owner may disaont .nue � nrt�a" � eaa = tip until the, work is SPIt serves the right '� a dire that any bidder b�afor 0 41 , *011", - :a .noncollusion of ids rlt � h AIS wf 3I "owner, that the bid oft ie a0, tot a aha air . 11 �e amd .gin no e:'' in th+e` ie0, att` t on bis hal of any pea�i ►r}: fid or. b6rratonzotin theoaal contain- ' '-: 77g: e_t� bid Sp-10 .+ *A E �a . c# ga for .� r r _us palant 'Q ► tie " coa c t sr be©ntra � p, scan i4 ',On fir th. t7 7 his + o tract, as su, h doe, wt��t3��r da a lar �►"' xrd actor cg►r a'm At, . tINC., ara r ► ex a i `the " �r pada c t ,, to` t p6raon; �r . l , ►g.'th� la r .aye_Vlga� and ch �a't�f ,giant of the ► t. ka rat due or to,,become t a+ tactor by ►�n contract h Accor ,",c o�r �tc cif . . h+ .` '�► .e Or 4uthoms ar�`f a# 11 got 'el` ttacaAtt�►+ t .`�rety". r+ca ; = c�bl $ fant"frith " eapt `eta taapid claims.. 77 if pqrs be eo 0-oft ( ra , n ani o a or forty (40) lu e eiargant ,ia� or Pui c � olote In such + ►+ , �, .arsr, ah . , a s< paid ►t :east tea ar�d *� If pay":��ar � ► r� ic►a +ceight { '} hours a 8sx'ati for agar ? ` " d gagt'' Ays' axed can any legal," -ho id r as specified in2 9,3 4. l 4, �ndiacri?ai ►t +r , The atter � ;tie contxaotr + to` t p "s( as of t�regc�n 'viscid $tiRatute�F�, rai��i� ' unl�wul � .�► ar ctics4 and discrim � t3oa p ers ag �4is t io e or ; p alf s t a�ax m e 0 race, iigioz%� + o3�,r, sir. nti+araai" carigr�. lettitX rax+ hce is wade " � ticaz ' { 0 r 'Ich Aataa` that it .ia " tt unlaw► ! ' ' t' dor .a4{. C "ra rl + 3.et14r " a�ttiEnatl areb o1rtUl re tot or` � �"I,7­,�` or � bar 4r d,� lt�� �t iita ' �lt;ta a ' ghat 3uai in > srai or, xr "t isc9t . ►r� 4r 'pacivi9� mp'Yat:. lain' t t tea 13+ "1 orks.-L, .The ntraco � r "fully ;1wi pr+ �aa parttat ' tty at + r�rc + ;..t "by , � rt; tratzr or; subcoaactr :ern npc an kr'" sr in thesash oCcpation' ,n to 3. y" peri# .. ' a cc�atractaOrl-' n4aotr s �►" party to a. s �� id� arremrit in afti " .�02 SP-15 "OR APPBQAD EQUAL" CLAUSE In order to establish ,a basis for quality, certain processes,I typ�:s of' machinery and equipment, or kinds of material'my be specified on the plans or herein by desig- nating a manufacturer by name and referring to his brand Lor product designation., It; is not the intent of these specifications to exclude other processes, equipment or materials of a type and quality equal to those designated. Whenever A manufacturer's name,: brand or item designa- tion is given,, it shall be understood that the words "or approved equal" follow such name or designation whether in + fact they do so or not. If the contractor desires to furnish items of minor equipment by manufacturers other than those specified, he shall secure the approval of the architect prior to placing a purchase order. w Certain items of major equipment, however, are speci- fied in the Technical Provisions of these specifications. w The contractor may bid upon the use of approved alternate equipment. In either case, -the cont' ractrr shall state in the proposal and list in the space provided the manufacturer of the major equipment he proposes to furnish. No extras will be allowed the contractor for any changes required to adopt the substitute equipment, therefore, the contractor's proposal including the approved alternate shall include all costs for any modifications to the plans, such as structural and foundation changes, or any other modifica- tion which may be necessary or required for approval and adaptation of the proposed alternate equipment. Approval of alternate and equal major equipment will be only by addenda issued at Feast five (5) days prior to bid opening. Requests for approval of this major equipment must come from the manu- facturer or his representative at least ten (10) days prior to bid opening. All such requests must be accompanied by drawings and specifications in sufficient detail to allow the owner to determine whether or not the equipment proposed is equal of ,-that spec3.fi.ed. The determination as to whether or not the proposed substitute equals that specified shall rest solely with the owner. Regardless of the major equipment furnished or alternate equipment thereto, the contractor shall furnish the services of a manufacturer's representative to place the equipment in tr operation and to test the equipment after installation. No substitutions shall be permitted after a proposal has A been accepted by the owner without written approval by the architect. SP-12 7. Payment` of 1 ec is sl C�►re. ana AttentiO t*-: The contractor all, ► ue, maw► ►Y person* , + c►-►partner l i , a c at c►n, .car corporation saedi cal, surgical, ' a hossp tas ll care, + other nsaeded care and attention unci +erst to ss s3knoo or .injury t' the sssGts loyeass of such contractor, all ,Of sums which. tbse cc�htrac- tor� agrees t4 pay, for such and al,l monits and SUMS which the contractor haa, coli.ects�d or deducted-` frosa s±vages of hid. etnployeess pursuant to,anti► lati , contract, yr ag Ccs i tent for the 'Purpose of ptoviding' or paying for such ser rine. S. An and All Other. of. the Laws of Maon., which are app:licas►ble to wor o t e hatur* conterssp a � ll. be ob- served in all respects. I SP-03 SPECIFICATIONS B)f TO,RA. 1�E�1GI�ATIt��tS Whenever practicable,., Sped. ications Vill ' �e herein � by dens gnat3:ng certa it ublic standards of recOs hi2edorgani- xatiOns. br+eviati WT ta .1.1,; be used to indoateAmer can &ociety for Testing Materials and thins will be follcsved by the official published designation numbsar for theparticular specifications to wshi.ch:the reference applies,. Othot s.tan- dads will be indicated :b ► =the full name ©f the, spar€tassoring iarganizat s n ar by cleaarly ;r+ c ized abbre�viatia�n'ss, ;In all caves, ' it shall be :under stood that such ref+sas~encrs�.e :s msn the dseighated specficatsvris or, the latest r4visi6h thereof. Specifications , defined shall; have full ',oxc+ � effect'asp` though they warns sepess�ted in full in these sped-- fic$tionss. � All msxterial, a uiI,ent as'd devices, not specifically covered by ,such, standartdssa atsed above� th+aae s�ps�cif i- satiC»e' by the pl arsssa.'of by'adept shall be subject to,-,the "apprOva 11, of the architect.to dtorsss+ine the sswit"lli.ty or, the service intended. SP-s34 N '` ahaTh t} days after the date Of ! � " ' r` , Mit to the enr ine` fe anG; order ' tah ng the tai .' MY ori' the: work, the date �''f�w ►+ h he 'QIP .�.Z Start 1 .. Oral: So ie featuta� Unci. �, ,. , anent . #,. lhnt and equipment axtd the *t4d date € the yam . S '2 R.T0 ' h 4 ue axles pc+ ae:sai©n. of or sUp h �. cad the work. ehal ; eUy 1rokr aca ►rd ;� an accptace o euaa PTll� contract. If � .+ r tax u� - f :ae the © the ; nth �tan +# tai` �► � ?= tir+ z . r °anjar'Progress =00 ACtO t Lit" ithe erbe . `� hail z $F- et .at`:i� t t � ptOi ress Payments antiini �. de Jr .n4 Conditions herein cash e x . retained 0-40 t 4 SGo { y71- St ly "At «#n " ya,� tfai n�nt 4 Not k�`V'A i 4 t 'khat Urn be,Wt t© an, tact E value mining P' 14 , x µ r i .' 1 K ttl • Off' 4 l 11 to bk the + � '� t � sy t ` r�ik`.tc� � 1 natc i 3 , � ' tri a c©., i ly desc i c xti+ �x F � scaatio air TO-41j ' n el s +�� � �� hii` RVA ►��* 000 00004" ba dash g 3 ict3.az :; AM V Tfl�i MIA : .' f "n"o, *off d € d . � • Al del { SP,�24 SP-2 5 SI EI3 Y . C 'MeTOR The catrvtO shah funis all , a ui q pment, material nd' `neOessary t the project in end ► accardanae ; �„ Psa s � a +�ver, nate that "rahlr �. at�y , ►" :3: electrical work, exsr�pt "3slsnd , and fur,44, h serial far $ame bff�site {a f co �.�lands) . � gard w�xter district, a 114 the two Pan " be- e- l�s�ated within thmei8tnl 'srow � ly: TL �2t Se�xsar II. ' Cot tractar, ril rsi : three ) " the tanks" for the talk li ion TLS 25 ..E )" sensing devices for, orisar II to " r .ked _4y IE ) . • X that,. the. ar�tner ( . ;provide and ' ff'oWevIefurnish, a is #�ao same other t*at1s reruixed for the project � cr h StP-283 sP+26A Potahl: fer .wig l b+ v .lar on obsite at 7th psi' via a �-,� Ager.. f SP-27E � '; IAL Ci tractor 100--authorizeip�nent and at al psi th® ,cnetrntipn sits. Tete partially enol©std, t a 6fot �yclane: feriBY Ce brick vita l. riY ti Q ►ter, supply as noted in thy. di tries. �,1 Iri all necessarype , including a«.; � t fE 'Tiga.rd hw �, C. A-tehall SP '16 7777 „ a �atcs�sss�zsmsa��ssr::.�sss�me�msr�ss�a�sssazmzsss�s�sssimr��e�s�rsxacsss`� 3a¢�pts[��dcseaee�se�►mm -'t}9 TISK . atice toraet , hm .men isStxe the "+ c intra► for ,hall cc ti ►1 i ; worm as 's �. i W theollow3rig, time frae 3 ► ect ccs . rvice,, rea o car occz amq+ incl,JIAg ,a e 60 vca endarl.ndsataysconnected e�� l.ed..`ea�d . rr shall be csmp eted :within the time per .o+ p�cid, she contraor pt�posal. Wo1 ah :l h .' tax ed rf.th3.n ten (1 Cit, 44Ys a€tet the "Not i4e to ptoce~es ; .s ,b i ed that. a date 16f, not Yater thsn Inc ,'. 398$, i realisticcr chart of . construct cin. mould, the owner causre delay, i n cc�plet3�c�� c�� won k hit ` °east�n of re guir+ en sa r n''ekt_ work or ot��ise n•, by ;the plana or the.ie epeccatons the cQritrt ►r will ” axtt en extenslo t3. t� dor compl.e* 114 111 ec axal + the a + nt etch delay w .l l be a agast him fc� the ensi©n of timet est, grantad pro�idec th it yell v�ch ekten i <., c 0 the Don mrxe to they .owner l.n wti ' ori. + Yore theith the Moat , Qliowing � #. hf.+ h the allied said tc '; have t cu rred ansa �h -cit, �►;.Y or. ertt�n#�:+�� state: ��cpl�:citly tha �r�► ec�n= �he�'�for 3sc �e oonti�aoar ,ai ..:,t . OL �zuch:wr .tten " a dor � on t � the .: e i d prc de Cher+ c�r:r he.'there, sehall hn�ae�.eibr�+ ane:d : tA c3aim thenar. .. o, alin del ► gill be :ccns#.ir, r tha ©whes=enccept ;that .a :lege�d. to' ha r hen caused; sa vork, or �peCi�►� orc�ea�. c�aer` ang thrauh " a + ite t. _S,t09 'I'hPx t *49 "��►�i of the 4pera- Qns cg31tE? @n$�itLxt� ? rth8t Will in El ielg systaito zn. Als©, qu �ft % other con- t aGtfli r r .` t}t"�? ntd©n with:the gener�.ls. .,. .' It 77vi .si4`d" that" any ' Gt o ktz N Gfl .' nt� 0- £' Pr Ovlde a sr"a � cmr� pacto . with testii�i � � �x�tacn � �: , ec�ntractor shall ih u ab asla 4 , R amm ed with OC "pa c'i, 4' . ri .11 ephst paving Ani' 77 alt Davi Y X 11 .ham be a part of this c,ontr,` 77, t« t �� � n °. � pxsribed j 4 1 the r Sp�l N ` f thea t: �►�tc r � "khat. he hese..' oit # 1 half » the nst� lcein ©f_ the-"" i�ar3 �+ g era the .loca 0 r is ��.u, ing but t ? h e.zinr a tie tatic��f di + stmxg; £ mate at ►i .ahl .ty of to 61, tc� tr� rn3 she ` he a furneh�adr cr nt to , to -00 ;� with tht� �e � l� ir��c�t= . tsrrn w�11 not reli...... l t ing ..prt� a �,- the d f i + tit ® uc0r ' ix � work-. the 0 S resp x� 't °.�►sa ►, c : chs. CYr `3nt+ �9 ►tint..,iie b the Gm►xtt ► t� . b �cis c� ,the. if�ri, ,.a'vrilahYe 5 .1 DATA as request c e, mer the me. � �►11 h ul .infor i a ' t# the pay of +�� r d �. �t ofater�.ml: a .s�th t ; �YU dh are, art : + `" Trish ` r�rk ter w 11 bme . MM Acc to thy;y r mh �l be ,pr�►vided . may h :; ems fed the Qrer ,car h1res t tli Also®, �+ .; �tatbr Zvi * xcce fir r�epr��anta # the r+�pr .ate 1 41 et rwra l ► .. ede ` ltenen + r .rsr�et ,cxx a the ..wrxk ,aid , the + .. n tcctin r ui ar"d ; Spe�ctic�n. . .. '' itlt `alCti on M ' � i11d - $It # + , cif � t4n �` t ih �tet far rrk her phis ntr ►6t. Op. 3 r�irwytrtawr „&Rt*"d jW& v P.O.fqx=14 grgard MaW [listrtct S.W.;Comirc�i�1 Sty Tcgar&,�.�Oregon 972� Attn: Mr. John Miter ` Re:' New Tigard W ter Ist 'IcIL Fac i I i ty S.ti : i1 tip tram 5t 136nt l emen: At qtr Y ree, tinvest i' i c n wasa�� � tom+ tworosed structures to°bs � atm ai rraEcatht 'parcel ;of lea of t� nor hwest corner of S,ht. Hall 81vd grid � �i��rd,'Oregon. The Street int #f ingestigation,was ccmcluctecl::at a out 10:t tls i rtg a t►aclhcse f ire fust 01 is were t� to a i um stiff brcn�m c 1 ayey s is under l;Y} :the .area a;t ab®u t 5; fit. �l ;eur ace. The results, of the test lei "A� shown on the �t�ach�d 10,111''1":� .logs. The .bu t l d ng°a<rea� i Ov i th , -" rctshec rock fo 11 owed by a +� '- ; foot layer . °iw i bue,: � _ + . tjt clay. The test pit at, the xirt biaseded ctffCe s t exception with a four foot 1+ rer of'`�r � p `�41 x h t ble..is: presently located at abcwt fpgr caA►,the surface; It i;s rec tit ail structural piked cin the medium stiff brcavn cl�iyey, 'sts;` � � theft, sa�tct+ t77 , :. trutrat f'i11 placed to correct fir �a �± a�r�rti�h .shall be 1 # " a+inus crushed rock'-p laced -i n 0, i h 1 i its aril i' 1.1 s carer E `7rh " cued to 92� density per Ake` la. aced urt : 'l have a width equal to- twicetheir plus the width af 'the fooi ., Footings placed as Indicated above may be designed for a soil bearing Afi'es ►re Of 200` pounds #r,xatre:'foot., F c ';c+tsolfdatian testing were neither�''requotnor per fprrm , ;bo'Itvi iF ,ma — to contact aF ttery truly yours, Attachment or e Gr- -77 The cctracra` arc s+ ever � t� a�.l . t . ec the preac P, en (x clsading $ 'and propertyx axs+ as y`' vii. h app, 4ablo safety rexlate �. -17 C fi RtICrt Pri®r to coo t i xa the; : ter l 1t tit :i tbseOtsark efto yes m� b 13t to tiiiu » tom• ';'�tc1 tect ast "414creti�c{' a roc uc:sst otot re-est ih thele � h''ac�dticizar . , � ffi ! < e ,at tha cs antrat tl 'The. s3wzi+ r wi11 rteessart; . e�lu + t w # on utas . sp�►� Vit ;_attsdhec�' tcOWner" ' ri bide=s are ca�tractr eperst;i:�rnsg areas aitch 'abe #a� al actto .€ 77, t fres th�r , nth is�t be c�btaci�c .ta bk # d ' t wa , ° '. a:ss�tria ►�,as�,. �. u�s� writs smote gh77­ t Say t rpr ta :.. ascttcaze ,� arat � .o r�ic� r�'�. �i �t� ��e � a�►�r�g+�aa't� � ��. �+�. ' bol, at�1t . � ect io ashy, suet i�er� > hal star r+�s�i��� t + t �> ► +� 'slob. ' heaat c�. fi+ ti ,sathll # iiu�ii i�qs cxttrapt+ r ' OA " 11 Rtti1�T!!S n t P.Q.Box 2U14 # rBon 9?"273 PhOW4503)664=3100 Ti rd Water DistrkL' 884I S.W. Ccomeecial Stmt Tigard 'Oregon 47�z .. Re T i gard 'later,Of"r. , I* @urge Facility �rr Ca)i fornix fieri ietirr,.{Crit 7estinS Gentlemen: As -requested;, h eye pertor ned two { } ..i n~ I ►t:+a.; :{Cal i forn i a Bearing Ratio} tests sated tin pr 1.,.. at the abat locations 4s indioatet#r:by i�r. representativ+ : Fell . are the test results: est ark i og Area , �ci El' uat i tin Sam,I a Cend t Seralaed . tlry` Dens i ty fi fer SO,ak 1 bs.�'cu. f t. Moisture et st for r Soak: IT moi star r C, t after tea k: 8�ea.r » Rate ile 4.l" SWO i M#rciirtege f Ih i ti a l Nei gait): �. Surcharge: Sade Type; t)rgattic Buck Stiff Clay` N ASTMNorth •' Nark a ng Areal2tack Elevation Sa la C d :t Jow" $ lrl Lf, Dry [ ety + 'Sg► c , lbs. cu ft. Moisture bre Soak, Moisture COnt�t Afi±.+�r St:ak: t3earing Rated of a 0.I" Pen. t.3, Swell tPecervt4 trf Initial Height)i EIS - Surchirgoc 1S fps. Sam°I a 'ftpre `- 1 Sit if f C I ay Th►e.,stef trlatt clad sfi)s -described in this re��.t ara a suitable material € a�� t`sgr'ad�e, Care should :be tt�t to pu�rrip or otherwise diiitrurb s4i Is . I tr tructra0 'r� erations If 4, ng:atKttra1 p tva nt cstruct#cr� � r s :ether than stiff Mail cl ~art enearnt+ rci,, then adtiiti�e test �.; htuld `be one anti peveent s+ac`tin desi shoatd be re�*01uat If,"`tie are ehr fir*tier quest i ores on. this matter, please..do. not hes i tate to contact offi-ce. Very. t�ru ES`T tom; I .. C r. Dauglaa wi. Leach tresIeenl 3 The amount to be` retained in protec�ti6n, of the .owner is interest es above set forth will be reduced in cdr�for�►ance with the following: A. if the contractor, Aoosits with tris owner bQcds and securities of a value equal to Ott leant' a ?unt v the contract at the t jue. he sign's the cc ntra t the project, »o amount will be 'retained from partial. patents, B. If the ecantra tc�r deposits bonds and secatritiO w .th the owner during.. the . life o the contract, ar rtai ned a ants tail l be redUl&e by an mount equal to tie value, Of the bonds and sec rit e.a, 'his. reduction in ret 444ge will be made ...iii, the partial giaym6hts made subs,04Usnt' t4 t tib its the bon floe contractor deposds sand securities w�it� the' owner. C, The value of the bonds grid securites. .w3�3;.1.= b$." peri cdically determined b� th+s owner and amount: a�etairxtd on per'" tial payments will. be'`adjuated accordingly. D. The bondsanc� Securities deposited by: :'t. contractor shall be of a kind approved by' State Treasurer• At the time the .awrner diI etermines t ►t all: require- mente for protection' o the. over-er's interest x�e: ten. fu1- illed* all bonds and securitis` wrll be .returned.'ta .tXie contractor. 0-21 POOk. #}'� CCTRACTiS !� c®ntractprer tlee specificntion1. . octperate With l lothera trot, fully mirk.to e�ir�h c�thes c k �-direct :by ► ° "engineer. vbef *tCrhi 4r rla 1 '; d+c: C+q►t mitta�! which will interfere with the perforrno+ of .work by end ether contractor. �►F�15 PART V TECHNICAL PROVISIONS NEW FUELING & WASTE OIL SYSTEM INDEX PART 1 - GENERAL: BULK STORAGE TANKS, ETC. Page 1 . 01 Description. . . . . . . . . . . . . . . . . . . . V-1 1. 02 Quality Assurance. . . . . . . . . . . . . V-1 .. 1. 03 Submittals. . . . . . . . . . . . . . . . . . . . . . . . . . V-1 PART 2 - PRODUCTS 2. 01 Materials. . . . . . . . . . . . . . . . . . . . . . V-2 2. 02 Underground Storage Tanks. . . . . . . . . . . V-3 2. 03 Leak Detection System. . . . . . . . . . . . . . . V-4 2. 04 Tank Level Sensing System. . . . . . . . . . . V-5 2. 05 Petroleum Products and Fluids Pump. . V-7 r. PART 3 - EXECUTION 3. 01 Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . V-8 3. 02 Performance. . . . . . . . . . . . . . . . . . . . . . . • . V-8 3. 03 Tank Installation. . . . . . . . . . . . . . . . . . . V-8 3. 04 Piping Installation. . . . . . . . . . . . . . . V-9 3. 05 Field Quality Control. . . . . . . . . . . . . . . V-9 PART 4 - GENERAL: FUEL DISPENSING EQUIPMENT 4. 01 Conditions. . . . . . . . . . . . . . . . . . . . . . . . . .V-10 4. 02 Description. . . . . . . . . . . . . . . . . . . . .V-10 4. 03 Quality Assurance. . . . . . . . . . . . . • • . . .V-10 4. 04 Submittals. .V-10 PART 5 - PRODUCTS 5. 01 Pipe and Pipe Fittings. . . . . . . . . . . . . .V-11 5. 02 Fuel Dispensers. . . . . . . . . . . . . .V-12 5. 03 Emergency Shut-off. . . . . . . . . . . . . . . . . .V-13 PART 6 - EXECUTION 6. 01 Installation. . .V-13 Aw NEW FUELING & WASTE OIL SYSTEM PART 1 - GENERAL - BULK STORAGE TANKS, CONTROLS, AND PIPING ---------------- 1 .01 DESCRIPTION " A. Related Work : 1. Concrete +� 2. General Requirements 3. Structural Excavation, Backfill, and Compaction b. Underground Bulk Storage: The term "Bulk Storage" in this Specification Section Title is construed to include underground bulk storage facilities for the following listed services : 1 . Diesel Fuel . 2. Gasoline. �• 3. Waste Oil . 1.02 QUALITY ASSURANCE A. Requirements of regulatory Agencies: Underground Fuel Storage Tanks and associated piping shall be installed in accordance with NFP-30 as adopted by the City of Tigard. 1• Owner shall obtain all installation permits required by the City of Tigard and Oregon State Department of Environmental Quality for the installation of the underground bulk storage tank facilities. Additionally, TWD shall arrange for and pay for inspections, permits, and tests, etc. as may be �. required by said agencies. B. Reference Standards : " 1. American Society for Testing and Materials: a. ASTM A48, Gray Iron Casting, Spec for. b. ASTM C14, Concrete Sewer, Storm Drain, and Culvert Pipe, Spec. for. C. ASTM C33, Concrete Aggregates, Spec. for. 2. National Fire Protection Association Standards : a. NFPA 30, Flammable and Combustible Liquids Code. b. NFPA 31, Standard for the Installation of Oil Burning Equipment. 3. Underwriters ' Laboratories Listings governing fuel oil system component construction. +w 1.03 SUBMITTALS A. Product Submissions: As specified in General Requirements. V-1 PART 2 - PRODUCTS ------------- 2.01 MATERIALS A. Basic Piping Materials : Pipe and pipe fitting materials, W basic valves and associated installation materials are as specified herein. 1. Piping system material types for this Section are as abbreviated herein. B. PRESSURE or SUCTION Delivery Piping Aboveground: 1 . Diesel and Unleaded Fuel : a. Black Steel seamless schedule 40. C. PRESSURE or SUCTION Delivery Piping Underground: 1. Diesel and Unleaded Fuel : a. Double-Walled Piping System. Shall be Fiberglass construction meeting Underwriter' s Laboratories Inc. hydrostatic test requirements for double- walled petroleum pipe. D. Tank Vent Piping (All Tanks ) : 1. Aboveground: Galvanized Steel (Sch. 40) with Galvanized Malleable Iron ( 150 lb. ) SCREWED joints. 2. Underground: Fiberglass Reinforced Pipe with T.A.B. joints, 2" single wall . E. Tank Fill Pipe (All Tanks) : d6 1. Galvanized Steel (Sch. 40) with SCREWED joints (Single lengths, no fittings) . F. Double-Walled Piping System: Composed of a primary pipe with a secondary containment pipe with provisions for the installation of leak detection cable, for all fuel pipe from pump to dispenser. G. Storage Tank Bedding and Cover: 1. Pea Gravel : Clean naturally-rounded aggregate with particle size not less than 1/8-inch or more than 3/4-inch in diameter. H. Pressure Testing : 1. 2" product pipe shall be tested at 50 psi . 2. 3" Containment pipe shall be tested at 5 psi . V-2 2.02 UNDERGROUND STORAGE TANKS A. Fiberglass Double Wall (Underground ) Storage Tank: UL 58 labeled tanks in sizes and with fittings as indicated on the Drawings . Each tank shall meet the following design criteria: ■» 1. External Hydrostatic Pressure: Buried in ground with seven feet of overburden over top of tank. The hole fully flooded and safety factor of 5: 1 against general buckling. 2. Surface Loads : When installed in accordance with NFPA 30 and 31, tanks will withstand surface H-20 axle loads. 3. Internal Load: Tank shall withstand 5 PSI air pressure test on both the primary and secondary containment tanks with 5 to 1 safety factor. 4. Operating Environment : Tank shall be able to withstand the internal or external corrosivity of the environment and a maximum operating temperature of 1500 F. as well as internal corrosion due to condensation or product additives. 5. Monitoring : Tank and fittings designed to facilitate the installation of an automatic leak detection system to monitor the annular space between the inner and outer tanks and piping system for each tank independently. 6. Acceptable Manufacturers : a. Owens-Corning. b. Or Equal . �+. 7. Tank Straps : Provide manufacturer' s standard anchor straps for each tank as indicated. Straps shall be fiberglass. aw 8. Tank Bottom Protector Plate: FRP coated steel deflector plate (12-inches square) under fitting opening for gauging tank. 9. Wire rope for hold down straps shall be sized to tank manufacturer's recommendations. 10. Anchors, turnbuckles, wire rope, and cable clamps shall be galvanized. ., 11. Storage Tanks shall have a 30 year warranty against internal/external corrosion and structural failure. B. Tank Openings Schedule: 1. Diesel and Unleaded Fuel Tank: a. Provide 4 inch pump opening. b. Provide 4 inch opening for the following: " 1) Fill Pipe. 2) Vent Pipe. 3) Tank Sensing Probe Pipe Fitting. V-3 f 2. 02 UNDERGROUND STORAGE TANKS (Continued) C. Tank Accessories : 1. Vent Cap: Aluminum body with aluminum cover and 40-mesh brass screen to prevent entry of foreign matter. Cover design with drainspouts extending outward to prevent rainwater entry. a. Diesel Fuel Tank Vent Caps shall be 2" OPW-523, or equal . i 2. Standard Fill/Draw-Off Fitting : OPW61-T Fill Tube or approved equal with OPW84-D Spill Container/ 12" manhole or approved equal . a. Diesel Fuel, Fill Cap: OPW-62TT or equal . b. Gas, fill cap: OPW62-TT or equal . C. Gas vapor recovery shall be coaxial single point. D. Tank Entry Manhole: Provide tank entry manhole composed of the following : 1. Manhole Extensions - Manhole frame cover shall be 30" minimum inside diameter capable of withstanding H2O loading. Acceptable Manufacturers : ` a. Neenah b. Red Jacket C. Approved Equal. 2. Piping sump shall be 48" ID. 2. 03 LEAK DETECTION SYSTEM A. Monitoring: Provide an electronic leak detection system to monitor both the annular space of the tank and the piping by way of the piping sump. 1. Owner will provide and Frahler Electric shall install r Leak Sensor II (EMCO Wheaton) (Model Q104-501) control panel in mechanic' s room (Room 216) . U. L. monitor control panel shall include alarm, normal and bell silence, alarm test button and alarm bell. 2. Contractor shall provide and install all necessary compatible sensors (for transmission to Leak Sensor II) in and around the three (3) fuel and waste oil tanks. V-4 MW 2.04 TANK LEVEL SENSING SYSTEM • A. Wall mounted computerized inventory console shall be a TLS-250 Tank Level Sensor (Veeder-Root) furnished by owner and installed by Frahler Electric Company. In general, the console receives signals from tank mounted digital sensing probes (provided and installed by con- tractor) ,which continuously measure tank capacitance and converts the signals into liquid level and volume, and displays the results. For information, console components and functions are as follows: 1. Display Mode Keyswitch: Console mounted keyswitch shall operate to select normal, setup, diagnostic, and alarm reset as follows : a. Normal : To monitor inventory by displaying time of day, liquid volume, liquid height, water height, liquid temperature, bulk delivery volume, and internal (double-wall ) tank leak rate if any. b. Setup: To enter or review system and tank parameters as programmed. "`"" C. Diagnostic: To check hardware and software functions. d. Alarm Reset : To reset an alarm indication. 2. Panel-front Pushbuttons: Console mounted panel-front pushbuttons designed to provide the means to review all inventory information, tank-by-tank, and to call for printed reports. Pushbuttons also allow for programming the tank and system -parameters and to revise them as needed. Pushbuttons include the following : a. Leak Detect : Depressing button starts a leak test. Repeat to end leak test. b. Print: Sets display to information to be printed +• using display mode keyswitch and Function and Tank buttons. Depress Print button once for printout. C. Cursor: Used for keyswitch Setup mode only. Depress button to move cursor to digit to be changed. d. Function: Depress button to advance display tank. e. Tank: Depress button to advance displayed tank. w. f. Increment : Used for keyswitch Setup mode only. After cursor is set, depress Increment button to advance digit to desired number. V -5 2. 04 TANK LEVEL SENSING SYSTEM (Continued) 3. Hardware Diagnostic LED' s: Console shall contain LED display to allow system check and status functions at a glance. An electronic label identifies each I display, selected by the Function pushbutton. 4. Alarms : Console shall indicate alarms by the display (electronic label ) and programmable to show the following : a. High-level alarm to warn of overfill during bulk deliveries. b. Low-fuel inventory and high water limit alarms. 6 C. Sudden-loss alarm to detect rapid inventory changes. d. Automatic leak alarm set to identify high leak rates. B. Digital Sensing Probe: (To be furnished and installed by contractor) . Designed to be permanently mounted in each of the three tanks through either a 3 or 4-inch riser pipe. Probe shall operate on a capacitance principle to sense liquid height. 1. Provide probes in lengths to suit tank sizes. 2,. Probe equipped with a thermister sensor to measure liquid use by the leak detect system. 3. Probe end equipped with a three-stage filter to aid in measuring accuracy in tanks by separating water from the product. war C. Acceptable Manufacturers: 1. Petroleum Products Group, Veeder-Root Company; 2. Or Equal. rirl wit V-6 2.05 PETROLEUM PRODUCTS AND FLUIDS PUMP •r A. Submersible Pump: Designed for immersion service within storage tank. 1. Design Features : One assembly shall contain the functional elements of the pump, check valve, air eliminator, expansion relief valve, siphon nozzle and venturi , siphon check valve and the pressure test screw. a. Entire assembly can be removed as a unit by removing two machine screws. �•• b. The entire assembly plus the capacitor and electric disconnect easily reached by removing the tank manhole cover. C. Pumping unit designed to fit standard 4-inch NPT tank openings. d. Tank test plug and line test plug for applying pressure for tests are conveniently located on top of discharge manifold. e. Hydraulically balanced impellers designed to float on the 15 spline shaft, providing a positive and evenly distributed drive. f. Pump impellers and diffusers of Celcon to reduce vibration and wear. .., 2. Electrical : Diesel Pump motor of three phase, 60 Hz. , 230/208 volt characteristics as indicated on drawings and shall carry UL Listing. Unleaded pump motor to be single phase, 60 Hz. , 230/208. a. Bayonet type electrical connector provided for explosion-proof electric disconnect without separating any wires. b. On-winding thermal overcurrent protection provided on motor. C. Permanent split-phase capacitor motor provided for option of control box or wiring direct . 3. Diesel Pump capacities shall be capable of simultaneously delivering 18 GPM to fuel dispenser. Unleaded pump capable of delivering 18 GPM to fuel dispenser. 4. Pump shall have piston type line leak detection. 5. Acceptable Manufactuers : a. Red Jacket Pumps (Marley Pump Co. ) �. b. Or Equal . ow r V-7 r a. PART 3 - EXECUTION ------------------ 3.01 INSPECTION A. Air test tank above ground prior to installation. Pressure should not exceed 5 pounds per square inch (PSIG) while a bubble solution is applied to seams and plugged fittings. 3.02 PERFORMANCE A. Installation Instructions: Install those Products, as specified previously under PART 2 and not specifically covered for installation herein under PART 3, in strict accordance with manufacturer ' s installation instructions and at locations indicated on the Drawings. 3.03 TANK INSTALLATION A. Install double wall storage tanks in accordance with manufactuer' s installation instructions, and in accordance with NFPA 30 and 31 requirements exceeding manufacturer 's instructions. 1. Additional requirements of the Oregon Department of Environmental Quality must be complied with. B. Perform excavation, backfilling and compacting for storage , tank installation with pea gravel or 3/4" - minus gravel, as appropriate, to 95% compaction as determined by testing by Carlson Testing, Inc. C. Perform concrete work indicated for storage tank installa- tion in accordance with highest standards of American Concrete Institute (ACI) . D. Frahler Electric Company will provide all electrical work, including running conduits, off the tank sites. (Contact Pete Schwartz for coordination: 639-4627) . V-g 3. 04 PIPING INSTALLATION A. Installation: Place piping runs as shown on plans. 1. Perform earthwork for underground piping as specified +� in plans in accordance with the highest standards of American Water Works Association or equivalent and manufacturer' s instructions. 2. Double Wall Piping: Install in accordance with manu- facturer' s instructions. 3. 05 FIELD QUALITY CONTROL A. General : Inform the Engineer of the times when acceptance tests are to be conducted. Conduct acceptance tests in the presence of and to the satisfaction of the Engineer and the City of Tigard Fire Marshall. �. B. Tests : Do not conceal piping systems in any manner or place in use until such have been tested and approved. 1. Repair leaks discovered during testing and repeat the particular test involved. Repairs and re-testing at no increase in contract price. 2. Test SUCTION piping at 5 psig minimum but not more than 7 psig and prove every joint and connection tight with soap suds. 3. Test PRESSURE piping systems from pump outlets to fuel using equipment at not less than twice the normal system operating pressure, and prove every joint and connection tight with soap suds. 4. Before underground storage tanks and piping are concealed, permanently, (however, initial 12-inch layer of tank cover material must be in place) test tanks and piping system for tightness using air pressure at 5 psig minimum but not more than 7 psig. Test piping at same pressure. Prove every joint and connection tight with soap suds. V -9 PART 4 - GENERAL - FUEL DISPENSING EQUIPMENT ---------------- ---------------- 4. 01 CONDITIONS A. The requirements of the general and special conditions apply to the work of this section. 4. 02 DESCRIPTION A. This section specifies furnishings, installing and testing electrical diesel and unleaded fuel dispensers at locations indicated on the drawings. B. Related Work: + ' 1. Concrete 2. General Requirements 3. Structural Excavation, Backfill, and Compaction 4 .03 QUALITY ASSURANCE A. Reference Standards: 1. American Society for Testing and Materials: a. ASTM A 47, Malleable Iron Castings. b. ASTM A 120, Black and Hot-Dipped Zinc-Coated IN (Galvanized) Welded and Seamless Pipe for Ordinary Uses. 2. American National Standards Institute: a. ANSI B16.4, Cast-Iron Screwed Fittings, 125 oil and 250 lb. b. ANSI B16. 18, Cast Bronze Solder Joint Pressure fittings. W1 C. ANSI B16. 22, Wrought Copper and Bronze Solder- Joint Pressure fittings. 3. National Fire Protection Associations Standards : to a. NFPA 30, Flammable and Combustible Liquids Code. 4. Underwriter ' s Laboratories Listings governing fuel system component construction. 5. Tualatin Rural Fire District 4. 04 SUBMITTALS A. Product Data Submissions: As specified in General Requirements. V-10 PART 5 - PRODUCTS ----------------- aw 5. 01 PIPE AND PIPE FITTINGS A. Black Steel (Above ground) : Seamless Schedule 40. r B. Underground Piping: As specified in Part 3 .. C. Piping Specialities : 1. Non-ferrous Metal Unions: Sweat type cast bronze, „w ANSI B16. 22; full size of pipe at point of insulation. 2. Ferrous Metal Unions: Threaded type, 250 pound W.O.G. rated malleable iron, ASTM A 47, Grade "" W.O.G. casting; full size of pipe at point of insulation. 3. Dielectric ( insulated) Unions : Threaded type, 150 pound W.O.G. rated malleable iron, ASTM A 47, .�. Grade 32510 casting, with vulcanized fiber insulating sleeve and neoprene gasket; full size of pipe at point of installation. 4. Bronze Strainers: Threaded type, 250 pound non- shock and 406 F. temperature rated, with stainless steel screen; use for applications two inches and under. a. Sarco Company. b. ITT Hoffman Speciality. C. Or Equal . aw d. we ;w V-11 f 5.02 FUEL DISPENSERSVA A. Dispenser Construction: 1. Unleaded fuel and diesel dispensers shall be mounted on steel angle frames with all welded construction. Frame shall be fabricated in straight plumb and square lines, with welds ground smooth at exposed surfaces. 2. Cover for frames shall be fabricated from 16 gauge galvanized sheet metal . Finished panels shall have rolled under ends, no exposed sharp edges will be allowed. All hardware and fastening devices shall be non-corrosive type metals. 3. Dispensers shall be std. gallonage dispensers with standard filter and 1" x 12 foot length hose. iffi Dispensers shall be installed with a shear valve (OPW 10FR) supported by a reinforced frame and shall be equipped with automatic nozzels. 4. Unleaded fuel dispenser shall have a flow rate of 12 to 18 GPM using an automatic nozzle and the diesel fuel dispensers shall have a flow rate of 12 to 18 GPM using an automatic nozzle. 5. Filter: Diesel fuel Centurion 3 dual water separator with 10 micron filter mounted within the dispenser. Filter shall be 1" century type, dual stage rated for GPM. 6. The dispensers shall be equipped with non-computing register with electric reset. The unit shall include an interlock mechanism permitting the dispenser to be approved for sealing by "Weights and Measures. " 7. Fuel Nozzle: a. Full hand insulator. b. Hold-Open rack. C. Body: Aluminum. d. Main stem: Stainless Steel . `tir e. Packing : Teflon impregnated asbestos. f. Disc : Viton. g. Spout : OPW 5-BP. h. Inlet size: 3/4 inch NPT (F) . I . Unleaded Nozzle shall be model No. OPW-II-AP as manufactured by OPW Division, Dover Corporation or approved equal . 8. Dispensers: Bennett Model 3782 with a Richards Model #R850 safety break and 3D swivel ; or equal. V-12 rr 5. 03 EMERGENCY SHUT-OFF r.. A. Frahler Electric Company shall install an emergency shut-off switch for fuel dispensers to be located on outside wall of mechanic ' s room. (See drawing) d" PART 6 - EXECUTION ------------------ ------------------ No r 6. 01 INSTALLATION A. Install fuel dispensers and submersible fuel pumps in an strict compliance with approved shop drawings and manu- facturer' s installation instructions. "" B. Proceed with start-up, testing and comply with instruc- tions in accordance with general conditions. rrr WN rr W r V-13 r r