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Specifications 1 I r C1eanWatServices Our commitment is clear. I I Contract Documents for DURHAM ADVANCED WASTEWATER TREATMENT FACILITY (AWWTF) SECONDARY TRAIN ONE REHABILITATION CITY OF TIGARD Project 6391 Approved . — R O -T -C Conditionally Approved 1 1 .... See Letter to: Follow [ J Loa emit N Aft: he 1 t•,oastenetian Type IIMIND -- ,� fisted Carrick* �.. . : ` • vie . r- 5zci.• Enemy Cos I . . . . , /, BY U Date: oat Acceaaibility r I I February 2009 OFFICE COPY a I r CLEAN WATER SERVICES 1 CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF DURHAM ADVANCED WASTEWATER TREATMENT FACILITY (AWWTF) SECONDARY TRAIN ONE REHABILITATION Project 6391 1 I I 1 FEBRUARY 2009 I WEST YOST ASSOCIATES 1 8100 SW Nyberg Street, Suite 200 Tualatin, OR 97062 I I I i 1 1 I I CLEAN WATER SERVICES I DURHAM AWWTF SECONDARY TRAIN ONE REHABILITATION TABLE OF CONTENTS I PART 1 — BIDDING REQUIREMENTS 00030 Advertisement to Bid 1 00100 Instructions to Bidders 00300 Bid Forms • Bid I • Bid Schedule • Bid Certificate • I . Bond I • Non - Collusion Affidavit • Resident/Nonresident Bidder Status Form • First -Tier Subcontractor Disclosure Form PART 2 — CONTRACT FORM FORMS I 00500 Agreement 00610 Performance Bond 00620 Payment Bond 1 00630 Statutory Public Works Bond PART 3 — CONDITIONS OF THE CONTRACT II 00700 Standard General Conditions of the Construction Contract 00800 Supplementary Conditions 00810 BOLI Prevailing Wage Rate it PART 4 — TECHNICAL SPECIFICATIONS (NOT USED) I DIVISION 1— GENERAL REQUIREMENTS 01010 Summary of Work 01014 Work Sequence and Schedule Constraints I 01060 Safety and Health 01300 Submittals 01500 Contractor's Facilities and Utilities I 01505 Mobilization and Demobilization 01560 Environmental Controls 01605 Shipment, Protection and Storage I 01650 Commissioning and Facility Startup 01700 Restoration of Improvements 01720 Record Drawings I 01730 01999 Operation and Maintenance Information Reference Forms 01999 -1 Request for Clarification 1 01999 -2 Equipment Test Report Form February 2009 TOC -1 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation I 01999 -3 Pip e Test Record 01999 -4 Gate Test Record 01999 -5 Submittal Transmittal I 01999 -6 Operation and Maintenance Transmittal Form 01999 -7 Equipment Record Form 01999 -8 Manufacturer's Installation Certification Form 01999 -9 Manufacturer's Instruction Certification Form 01999 -10 Deactivation Request Form RK 2 — ITEW DIVISION S O 02050 Demolition and Salvage DIVISION 3 — CONCRETE 03200 Concrete Reinforcing 03301 Cast -in -Place Concrete 03600 Grout DIVISION 4 — (NOT USED) DIVISION 5 — METALS 05501 Anchor Bolts 05505 Metal Fabrications 05520 Aluminum Handrails DIVISION 6 — (NOT USED) DIVISION 7 — (NOT USED) p DIVISION 8 — (NOT USED) DIVISION 9 — FINISHES 09900 Coating Systems 1 DIVISION 10 — (NOT USED) DIVISION 11— (NOT USED) DIVISION 12 — (NOT USED) DIVISION 13 — (NOT USED) DIVISION 14 — (NOT USED) 1 DIVISION 15 — (NOT USED) DIVISION 16 — (NOT USED) I February 2009 TOC -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I 1 REFERENCE MATERIAL Envirex Clarifier Mechanism Drawings • 10256 -101 • 10256 -201 • 10256 -202 • 10256 -203 • 10256 -204 • 10256 -205 • 10256 -206 • 10256 -207 • 10256 -892 -1 • 10256 -892 -2 I I I I 1 I I I I February 2009 TOC -3 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I (THIS PAGE LEFT BLANK INTENTIONALLY) I I I I I I a I 1I 1 I I 1 1 I I CLEAN WATER SERVICES DURHAM ADVANCED WASTEWATER TREATMENT FACILITY SECONDARY TRAIN ONE REHABILITATION PROJECT NO. 6391 ADVERTISEMENT TO BID I Sealed Bids will be received by Jane Nishizaki, Administrative Assistant, at the office of Clean Water Services (OWNER) (Attention: Joel Borchers), located at the Treatment Plant Services Building, 16060 S.W. 85 Avenue, Tigard, Oregon, 97224, until 2:00 p.m. local time, on March 3, 2009 for the Durham Advanced Wastewater Treatment Facility Secondary Train One Rehabilitation, Project No. 6391 (Project). Any Bids received after the specified time and date will not be considered. No electronic submissions will be accepted. First -Tier Subcontractor Disclosure Forms must be delivered I to the same location within two working hours of the Bid closing and in a separate envelope from the Bid. The Bids will be publicly opened and read at 4:00 p.m. local time on March 3, 2009, at the above - mentioned office of the 1 OWNER. The WORK is a Public Works project subject to ORS 279C.800 to 279C.870. The WORK includes: I The provision of labor, materials, equipment, and appurtenances for the following work in Aeration Basin 1: modification to the existing concrete baffle wall between cells 4 and 5; removing the gates and filling the channel between cells 4/5 and 7 with concrete. The Project also includes work on Primary Clarifier No 1 and Secondary Clarifier I No. 1: recoating the sludge collection mechanisms in each of these clarifiers. The site of the WORK is located at the Durham AWWTF, 16060 SW 85 Avenue, Tigard, Oregon 97224 (Site). I The estimated construction cost of the WORK is $400,000 to $600,000. I The following plan room services will receive sets of Contract Documents for the WORK on February 24, 2009. Oregon Contractor Plan Center McGraw Hill Construction P.O. Box 477 Portland Plan Center 4 14625 S.E. 82n Drive 5331 SW Macadam Avenue Clackamas, Oregon 97015 Portland, Oregon 97219 Telephone: 503/650 -0148 Telephone: 503/223 -3012 Fax: 503/650 -8273 Fax: 503/223 -3094 Daily Journal of Commerce Builders Exchange of Washington 11 Portland Plan Center 2607 Wetmore Avenue 2840 N.W. 35th Avenue Everett, WA 98201 -2926 Portland, Oregon 97210 -0127 Telephone: 425/258 -1303 Telephone: 503/274 -0624 Fax: 425/259 -3832 Fax: 503/274 -2616 Contract Documents consist of technical specifications and accompanying reduced scale drawings. The scale of the reduced drawings is one -half of the original scale. If full scale drawings are desired they may be purchased at reproduction cost. Contact Jane Nishizaki, telephone 503 -547 -8175, fax 503 -547 -8196, email nishizakij@cleanwaterservices.org, for more information regarding document distribution. I MANDATORY PRE -BID CONFERENCE AND VISIT TO SITE: Prospective Bidders must attend a pre -bid conference and site visit that will begin at 10:00 a.m. local time on February 24, 2009 at the Treatment Plant Services g Building at the Durham Facility at 16060 SW 85 Avenue, Tigard, Oregon 97224. The purpose of the conference and Site 111 visit is to distribute bidding documents, discuss the scope of the project, bidding requirements and to acquaint Bidders with Site conditions. Detailed technical questions may be submitted in writing but they will be answered, if warranted, by written I addenda later. Oral statements may not be relied upon and will not be binding or legally effective. February 2009 00030 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation Contract Documents may be obtained at the mandatory pre -bid conference and visit to site. To obtain plan holders list, Bid results, and fulfill other administrative issues, contact the OWNER: Clean Water Services Ms. Jane Nishizaki 16060 SW 85 Avenue Tigard, OR 97224 503 -547 -8175 Ph 503 -547 -8196 Fax nishizakij @cleanwaterservices.org Direct communications to the Design Engineer: I West Yost & Associates, Inc. Cork Peterson, PE 8100 Nyberg Road, Suite 200 Tualatin, OR 97062 503- 692 -3223 Ph 503- 692 -3224 Fax cpeterson@westyost.com Prior to submission of its Bid, Bidder shall be licensed with the Oregon Construction Contractors Board as required by ORS 701.055, and thereafter comply with the requirements of ORS 701.035 to 701.137. Bidders need not be licensed under ORS 468A.720 (regarding licensing of Contractors on projects involving asbestos abatement). I Bidders shall be qualified in accordance with the applicable parts of ORS 279C in order to submit a Bid for public work in Oregon. OWNER reserves the right to reject any or all Bids not in compliance with all prescribed public bidding procedures and requirements or when the OWNER finds the Bidder is not responsible as that term is used in any applicable OWNER's Purchasing Rules of Procedure and ORS 279A.010(1)(r). OWNER may cancel this solicitation or 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 fmding by OWNER that it is in the public interest to do so. I I I I I 1 February 2009 00030 -2 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation I SECTION 00100 - INSTRUCTIONS TO BIDDERS FOR DURHAM AWWTF SECONDARY TRAIN ONE REHABILITATION, PROJECT NO. 6391 1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Advertisement to Bid which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in the Bidding Documents have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 Bidder - -One who submits a Bid directly to OWNER, as distinct from a sub - bidder, who submits a price or quote to a Bidder. 1 1.2 Successful Bidder -- Lowest, responsible and responsive Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. 2. COPIES OF BIDDING DOCUMENTS. 2.1 Complete sets of Bidding Documents must be used in preparing Bids. Neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents. 2.2 Full -size Drawings may be obtained from ENGINEER at cost of reproduction and handling, plus postage for mailing (if mailing is requested). Drawings will only be made available to firms on the Bidding Document Holders List having complete sets of Bidding Documents. 2.3 Bidding Documents made available on the above terms are only for the purpose of obtaining Bids for the WORK and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. 3.1 To demonstrate qualifications to perform the WORK, the apparent Successful Bidder and other Bidders as determined by the OWNER, must be prepared to submit within 7 days after OWNER's written request, evidence such as fmancial data, previous experience, present commitments, and other such data as may be called for in the Bidding Documents. 3.2 Each Bid must contain evidence of Bidder's qualification to do business in the state where the project is located or covenant to obtain such qualification prior to Contract award. 3.3 Bidders shall be qualified in conformance with ORS Chapter 279C. 3.4 Nothing indicated herein will prejudice OWNER's right to seek additional pertinent information as is provided in Article 14 — Evaluation of Bids of this Section. 3.5 Bidders and every subcontractor performing Work on the project must have filed with the Construction Contractors Board a public works bond in the amount of $30,000 with a corporate surety authorized to do business in the State of Oregon before starting work on the Project unless exempt under 279C.836(4), 279C.836(7), 279C.836(8), or 279C.836(9). I I February 2009 00100-1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I 4. LICENSING REQUIREMENTS. 4.1 A person, partnership, corporation, or joint venture shall have a current, valid license issued by the Oregon Construction Contractors Board, as required by ORS 701.055, prior to submitting a Bid to do WORK as a contractor or subcontractor. 5. ENVIRONMENTAL AND NATURAL RESOURCES LAWS AND REGULATIONS. 1 5.1 Bidder's attention is directed to the General Requirements and Supplementary Conditions for ordinances and regulations dealing with the prevention of pollution and preservation of natural resources which may affect the performance of the WORK. Bidder shall take such ordinances and regulations into consideration in preparation and submission of its Bid. 6. INTERPRETATIONS AND ADDENDA. 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to the ENGINEER. Questions shall be submitted in writing only (i.e., mail, fax or e- mail). Additions, deletions, or revisions to the Bidding Documents considered necessary by the ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the OWNER as having received the Bidding Documents. Questions received less than 10 days prior to the date of Bids may not be answered. Only answers to such questions issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to make other additions, deletions, or revisions to the Bidding Documents. Bidders shall acknowledge receipt of all Addenda on the Bid Form in the appropriate space. 6.3 Bidders shall make no special interpretation or inference of intent from differing formats in the Technical Specifications. 7. BIDDER'S EXAMINATION OF BIDDING DOCUMENTS AND SITE. I 7.1 It is the responsibility of each Bidder before submitting a Bid: A. To examine thoroughly the Bidding Documents and other related data identified in the Bidding I Documents; B. To visit the Site to become familiar with local conditions that may affect cost, progress, or J performance of the WORK; C. To consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the WORK; D. To study and carefully correlate the Bidder's observations with the Bidding Documents; and I E. To promptly notify the ENGINEER of all conflicts, errors, ambiguities, or discrepancies in or between the Bidding Documents and such other related data. I February 2009 00100 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I 7.2 Copies of reports and drawings utilized by the ENGINEER in the preparation of the Bidding Documents will be made available by OWNER to any Bidder on request at cost of reproduction and handling, plus postage for mailing (if mailing is requested), if said reports and drawings are not bound herein. Those reports and drawings are not part of the Bidding Documents, but the technical data contained therein upon which the Bidder is entitled to reasonably rely, as provided in Paragraph SC -4.02 of the Supplementary Conditions, are incorporated herein by reference. 7.3 Information and data reflected in the Bidding Documents with respect to underground facilities at or contiguous to the Site are based upon information and data furnished to OWNER and ENGINEER by the owners of such underground facilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 7.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities, and other physical conditions, and possible changes in the Bidding Documents due to differing conditions appear in Paragraphs 4.02 through 4.04 of the General Conditions. 7.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and underground facilities) at or contiguous to the Site or otherwise which may affect cost, progress, or performance of the WORK and which the Bidder deems necessary to determine its Bid for performing the WORK in accordance with the time, price, and other terms and conditions of the Bidding Documents. 7.6 On request a minimum of two (2) days in advance, OWNER will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Location of any excavation or boring shall be subject to prior approval of OWNER and applicable agencies. Bidder shall fill all holes, restore all pavement to match existing structural section, and shall clean up and restore the site to its former condition upon completion of such explorations. 7.7 The lands upon which the WORK is to be performed, rights -of -way, and easements for access thereto and other lands designated for use by the CONTRACTOR in performing the WORK are identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. 7.8 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Paragraph 7 and the following: A. That the Bid is premised upon performing the WORK required by the Bidding Documents without exception and such means, methods, techniques, sequences, or procedures of construction (if any) as may be required by the Bidding Documents; B. That Bidder has given the ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies in the Bidding Documents and the written resolution thereof by the ENGINEER is acceptable to the Bidder; and C. That the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the WORK. February 2009 00100 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I I 8. SUBCONTRACTORS, SUPPLIERS, AND OTHERS. 8.1 ORS 279C.370 requires Bidders for Public Improvement Projects exceeding $100,000 to submit a I disclosure form identifying first -tier Subcontractors that will furnish labor or labor and materials equal to 5 percent of the total Contract Price, but at least $15,000; or $350,000, regardless of percentage of the total Contract Price. If no Subcontractors are subject to the disclosure requirements, "NONE" shall be indicated on the form to be provided. Subcontractor disclosures not submitted with the Bid shall be submitted within two (2) working hours of Bid closing. If Bidder fails to submit a disclosure form with the information required and by the stated deadline, the Bid will be rejected. 8.2 The defmition of a Subcontractor does not include Suppliers who provide materials only. 8.3 If Successful Bidder declines to make a substitution of a Subcontractor, Supplier, person, or organization acceptable to OWNER, as required by Paragraph 6.06.B of the General Conditions, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom OWNER or ENGINEER does not make written objection prior to giving the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in General Conditions Paragraph 6.06.B. 9. WAGE RATES. 9.1 The WORK under these Bidding Documents is to be paid for by public funds. The minimum prevailing wage rates contained in the publication January 1, 2009 Prevailing Wage Rates for Public Works Contracts in Oregon effective January 1, 2009 including all applicable amendments (see links at http:// www.oregon.gov/boli /whdfpwr /pwr state.shtml), available at http: / /www.oregon.gov/BOLI and are hereby incorporated herein as of the date these Bidding Documents were first advertised. 9.2 ORS 279C.365(1)(g) requires that all Bids for public work, including those public work projects financed by federal funds and subject to the Davis Bacon Act, shall include a statement by the Bidder that the Bidder will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141, et seq. The Bid Form in the Bidding Documents contains the required statement of Bidder's declaration of compliance with ORS 279C.838, 279C.840 or 40 U.S.C. 3141, et seq. The Bidder's signing of the Bid constitutes compliance with this Oregon Statute. 9.3 OWNER shall be responsible for paying the Commissioner of the Bureau of Labor and Industries pursuant to provisions of ORS 279C.825. I I February 2009 00100 -4 Durham AWWTF I 517- 03 -09 -21 Secondary Train One Rehabilitation I 1 1 0. BID FORM. 10.1 The Bid shall be submitted on the Bid Form provided herewith. All blanks on the Bid Form shall be completed by typing or printing in ink. All price information shall be shown in both words and figures where required. All names must be printed below the signatures. The Bid shall i be submitted in a sealed envelope that shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words 'BID FOR" followed by the title of the Bidding Documents for the WORK, the name of the OWNER, the address where Bids are to I be delivered or mailed to, and the date and hour of opening of Bids. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. I 10.2 First -Tier Subcontractor Disclosure Forms must be delivered to the same location for delivery of the Bids within two hours of the specified time for receipt of Bids. 10.3 Bidder's state Contractor license number for the State of Oregon shall be shown on the Bid Form. 10.4 Each Bid must identify whether the Bidder is a resident bidder, as defined by ORS 279A.120, by I completing and submitting the Resident/Nonresident Bidder Status Form. 11. BID CERTIFICATES I 11.1 Bids by corporations must be executed in the corporate name by the president, a vice - president, or other corporate officer. Such Bid shall be accompanied by the enclosed Certificate of Authority to I sign, and shall be attested by the secretary or assistant secretary. The corporate address and state of incorporation must appear below the signature. 11.2 Bids by partnerships must be executed in the partnership name and be signed by a managing I partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the partnership must appear below the signature. I 11.3 Bids by joint ventures must be executed in the joint venture name and be signed by a joint venture managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the joint venture must appear below the I signature. 12. DISQUALIFICATION OF BIDDERS. More than one Bid from an individual, firm, partnership, 4 corporation, or association under the same or different names will not be considered. If the OWNER believes that any Bidder is interested in more than one Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If the OWNER believes that collusion I exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK. I 13. QUANTITIES OF WORK. Not Applicable. I I I February 2009 00100-5 Durham AWWTF 517 03 -09 -21 Secondary Train One Rehabilitation I I 14. EVALUATION OF BIDS. 14.1 OWNER will evaluate Bids to determine which responsible Bidder has made the lowest I responsive Bid. OWNER will make this evaluation in accordance with the remainder of the Bidding Documents and applicable law. OWNER may reject a Bid when it is the public interest to do so, or when OWNER finds the Bidder is not responsible, as that term is used in any applicable OWNER's Purchasing Rules and ORS 279A.010(1)(r). OWNER may also reject Bids from Bidders declared ineligible under ORS 279C.860 or from Bidders listed as not qualified by the State of Oregon Construction Contractors Board, from Bidders that have not met the requirements of ORS 279A.105(1), (2) or (3), and for other circumstances that indicate acceptance of the Bid may impair the integrity of the selection process. 14.2 OWNER reserves its right to reject any or all Bids, including without limitation the rights to � J Y � g reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids, and to reject the Bid of any Bidder if OWNER believes that it would not be in the public interest to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER reserves the right to reject all Bids and rebid the Project if in the public interest in accordance with ORS 279C.395. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the WORK. 14.3 In evaluating Bids, OWNER will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. OWNER shall have the right to accept alternates in any order or combination, unless otherwise provided in the Bidding Documents. 14.4 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the WORK for which the identity was required. OWNER also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the WORK when such data are required to be submitted prior to the Notice of Award. 14.5 OWNER may conduct such investigations as OWNER deems necessary to assist in Bid evaluation and to establish responsibility, qualifications, and fmancial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to execute WORK in accordance with the Bidding Documents to OWNER's satisfaction within the prescribed time. 14.6 In determining the lowest responsible Bidder, OWNER will for the purpose of awarding the Contract, add a percent increase on the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to that Bidder in the state in which the Bidder resides. 14.7 If, at the time this Contract is to be awarded, the total of the lowest acceptable Bid exceeds the funds then estimated by OWNER as available, OWNER may reject all Bids or take such other action as best serves OWNER' s interests. 14.8 In the event of failure of the Successful Bidder to sign the Agreement and provide acceptable Performance and Payment Bond(s), insurance certificate(s), and other required documents, OWNER may award the Contract to the next lowest responsive, responsible Bidder. I February 2009 00100 -6 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation I I 15. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place stipulated in the Advertisement To Bid. It is the Bidder's sole responsibility to see that its Bid is received in proper time and at the proper place. 16. BID SECURITY, BONDS, AND INSURANCE. Each Bid shall be accompanied by a certified or I cashier's check or approved Bid Bond in an amount equal to ten percent of the Bid. The check or bond shall be made payable to OWNER and shall be given as a guarantee that the Bidder, if awarded the WORK, will enter into an Agreement with OWNER, and will furnish the necessary J insurance certificates, Payment Bond, and Performance Bond, each of the bonds to be in the amount stated in the General Conditions and Supplementary Conditions, and copies of Public Works Bonds. In case of refusal or failure to enter into the Agreement, the check or Bid Bond, as the case may be, I shall be forfeited to OWNER. If the Bidder elects to furnish a Bid Bond as its Bid security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. Bid Bonds shall comply with the requirements applicable to payment and performance bonds in the General Conditions. I 17. DISCREPANCIES IN BIDS. In the event there is more than one Bid item in a Bid Schedule, the Bidder shall furnish a price for all Bid items in the Schedule, and failure to do so will render the Bid I non - responsive and may cause its rejection. In the event there are unit price Bid items in a Bidding Schedule and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the I BIDDER shall be bound by the correction. In the event there is more than one Bid item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the Bidder shall be bound by the correction. In the case ' of discrepancies between figures and written words, words shall govern. , I 18. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being non - responsive. The Bid Form shall be completed without interlineations, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, 1 telegraphic, telephonic or electronic Bids or modifications will not be considered. 19. WITHDRAWAL OF BID. 1 19.1 The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place I stipulated in the Advertisement To Bid for receipt of Bids prior to the scheduled closing time for receipt of Bids. I 19.2 If within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, as determined by Oregon law and any applicable OWNER's Purchasing Rules, that Bidder may withdraw its Bid I and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further consideration on the WORK to be provided under the Contract Documents. I I I February 2009 00100-7 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I 20. AWARD OF CONTRACT. Award of the Contract, if awarded, will be made to the lowest responsive, responsible Bidder whose Bid complies with the requirements of the Bidding Documents. Unless otherwise specified, any such award will be made within the period stated in the Advertisement To Bid that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid Schedule. In the event the WORK is contained in more than one Bid Schedule, OWNER will award all Schedules. 21. RETURN OF BID SECURITY. Within 14 days after award of the Agreement, OWNER will return the Bid securities accompanying such Bids that are not being considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 22. EXECUTION OF AGREEMENT. 22.1 The Bidder to whom award is made shall execute a written Agreement with the OWNER on the form of Agreement provided, shall secure all insurance, and shall furnish all certificates and bonds I required by the Bidding Documents within 10 calendar days after receipt of the Notice of Award from OWNER. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, OWNER may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, OWNER may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder's Bid securities shall be likewise forfeited to OWNER. 22.2 Within 10 Calendar days of OWNER receiving the properly executed Agreements and acceptable certificates and bonds, OWNER will provide one fully executed Agreement to CONTRACTOR. 23. LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 24. RETAINAGE. Provisions concerning retainage and CONTRACTOR's rights to deposit securities in lieu of retainage are set forth in the Agreement. 25. PROTEST PROCEDURE. I OWNER has adopted its own Public Contracting Rules and is not subject to the Attorney General's Model Public Contracting Rules. OWNER'S procurement rules have opportunities for Bidders to protest at various stages in the procurement process. This section only contains a brief summary of the deadlines for filing protests. It does not identify the conditions required to file a protest or the information required to be included in the protest. Copies of OWNER'S rules containing the protest process may be obtained by contacting OWNER's representative. Specification Protest Process A Bidder must deliver a protest of specifications to OWNER in writing no later than ten (10) calendar days prior to the due date for Bids. Solicitation Protest I I February 2009 00100 -8 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation Under OWNER's rules, prospective Bidders have the opportunity to protest the procurement process or this Invitation to Bid by submitting a written protest to OWNER not less than ten (10) days prior to the due date for Bids. Award Protest Adversely affected Bidders will also have an opportunity to protest OWNER's Notice of Intent to Award, but a written protest must be delivered to OWNER within seven (7) days after issuance of the Notice of Intent to Award. The award by OWNER's Board of Directors of the Contract shall constitute a final decision of the OWNER to award the Contract if no written protest of the award is filed. END OF SECTION • I I I TO 1 I I I I I February 2009 00100-9 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I 1 (THIS PAGE LEFT BLANK INTENTIONALL 19 I I I I I I I a I I I I I I I 1 I I SECTION 00300 - BID FORMS BID BID TO: Clean Water Services 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the OWNER in the form included in the Contract Documents to perform the WORK as specified or indicated in the Contract Documents entitled Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391. 2. Bidder accepts all of the terms and conditions of the Bidding Documents and Contract Documents, including without limitation those in the Advertisement to Bid and Instructions to Bidders, dealing with the disposition of the Bid security. 3. This Bid will remain open for sixty (60) days unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Advertisement to Bid and the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond and copies of Public Works Bonds required by the Contract Documents. 4. Bidder agrees that as CONTRACTOR, it will comply with ORS 279C.838, 279C.840 or 40 U.S.C. 3141, et seq. 5. Bidder certifies that Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against minority, women or emerging small business enterprises in obtaining any required subcontracts. 6. Bidder certifies that it has in place or will implement before performance of the Work for this project begins a mandatory employee drug- testing program. Bidder further certifies that it will demonstrate that the employee drug- testing program is in place. 7. Bidder has examined copies of all the Contract Documents including the following addenda (receipt of all of which is hereby acknowledged): Number Date I I Failure to acknowledge addenda may render the Bid informal and may be cause for its rejection. 8. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, Site, locality where the WORK is to be performed, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary. February 2009 00300-1 Durham AWWTF 517-03-09-21 Secondary Train One Rehabilitation I To all the foregoing, and including all Bid Forms contained in this Bid, the Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time stipulated in the Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum Price named in the aforementioned Bid Forms. Dated: Bidder: I By: Name (Signature) I Name (Type or Print) Title: I 1 I a I I I I I I I I February 2009 00300 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation i 1 BID SCHEDULE Schedule of Bid Prices for Construction of Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 I Bid Item Lump Sum Price Durham AWWTF Secondary Train One Rehabilitation $ (figures) (words) I 0 I I 1 I I I I February 2009 00300 -3 Durham AWWTF 517-03-09-21 Secondary Train One Rehabilitation I BID CERTIFICATE (if Corporation) STATE OF ) ) SS: COUNTY OF ) I I HEREBY CERTIFY that a meeting of the Board of Directors of the I a corporation existing under the laws of the State of , was held on , 2009, and the following resolution was duly passed and adopted: "RESOLVED, that , as of this Corporation, be and is hereby authorized to execute the Bid dated , 2009 to Clean Water Services by this Corporation and that his/her execution thereof, attested by the Secretary of this Corporation shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2009. 1 (Signature) (Title) I Secretary 1 (Address) I I February 2009 00300 - Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I BID CERTIFICATE (if Partnership) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the I a partnership existing under the laws of the State of , was held on , 2009, and the following resolution was duly passed and adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the Bid dated , 2009 to Clean Water Services by this Partnership and that his/her execution thereof, attested by the General Partner shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 1 2009. (Signature) (Title) 1 (Address) I I I February 2009 00300 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation BID CERTIFICATE (if Joint Venture) I STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the I a joint venture existing under the laws of the State of , was held on , 2009, and the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Bid dated , 2009 to Clean Water Services by this Joint Venture and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2009. I Managing Partner I (Address) I I I I February 2009 00300 -6 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 BID BOND FOR DURHAM AWWTF SECONDARY TRAIN ONE REHABILITATION PROJECT NO. 6391 KNOW ALL PEOPLE BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto Clean Water Services, hereinafter called "OWNER," in the sum of dollars, for the payment of which sum, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns firmly by these presents. WHEREAS, the Principal has submitted a Bid to OWNER to perform the WORK required under the Bid Forms of the OWNER's Contract Documents entitled Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391. NOW THEREFORE, if the Principal is awarded a contract by the OWNER and, within the time and in the manner required in the "Advertisement To Bid" and the "Instructions To Bidders" enters into a written Agreement on the form of agreement bound with the Contract Documents, furnishes the required certificates of insurance, and furnishes the required Performance Bond and Payment Bond and copies of Public Works Bonds, and performs in all other respects the Agreement created by this Bid, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety stipulates and agrees that the 11 obligation of the Surety shall in no way be impaired or affected by an extension of the time within which the OWNER may accept such Bid and the Surety further waives notice of any such extension. In the event suit is brought upon this bond by the OWNER and the OWNER prevails, the Principal and the Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorney's fees and costs to be fixed by the court. SIGNED, this day of , 2009. (Principal) (Surety) By: By: (Signature) (Signature) I (NOTARIAL ACKNOWLEDGEMENT OF SURETY) I I I February 2009 00300 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I NONCOLLUSION AFFIDAVIT FOR Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 1 State of ) Services Requested I ) ss. In Bid: Durham AWWTF County of ) Secondary Train One Rehabilitation 1 Project No. 6391 I state that I am (Title) of (Name of Finn), being first duly sworn, depose and say that I am authorized to make this affidavit on behalf of this firm and its owners, directors, and officers. I state that: (1) The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, Bidder or potential Bidder, except as disclosed on the attached appendix; (2) Neither the price(s), amount of the Bid or approximate prices or amounts, nor other information included in this Bid have been disclosed to any other firm or person who is a Bidder or potential Bidder, and that they will not be disclosed prior to the award of the Contract(s); (3) No attempt has been made or will be made to induce any firm or person to refrain from submitting a Bid, or to submit a Bid containing less competitive terms than those contained in this Bid; (4) The Bid of this firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal; (5) (Name of this Firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing on any public contract, except as described on the attached appendix. I I I I I February 2009 00300 -8 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I I state that (Name of this Firm) understands and acknowledges that the above representations are material and important, and will be relied on by Clean Water Services in awarding the Contract(s) for which this Bid is submitted. I understand and this firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Clean Water Services of the true facts relating to the submission of proposals for this Contract. I Name of Company Signature/Position Sworn to and subscribed before me this day of , 2009, by I Notary Public for This Commission Expires: I I 1 I I 1 I I I I February 2009 00300 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I RESIDENT/NONRESIDENT BIDDER STATUS FORM I FOR Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 I Oregon law (ORS 279A.120 requires OWNER, i n determining the lowest responsible bidder, to add a g ( ) q g P percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to bidders in the state in which that bidder resides. Consequently, each bidder must indicate whether it is a , resident or nonresident bidder. A resident bidder is a bidder who has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of this bid, and has a business address in Oregon, and has stated in its bid whether the bidder is a "resident bidder." A "nonresident bidder" is a bidder who is not a resident bidder. The undersigned bidder states that it is: (check one) 1. A resident bidder 2. A nonresident bidder 1 Indicate state in which bidder resides: CONSTRUCTION CONTRACTOR'S LICENSING Oregon law requires all contractors to be licensed with the Oregon Construction Contractors Board in order to submit a bid to do work and to do work as a contractor. The undersigned Bidder states it is now licensed by the Oregon Construction Contractors Board. Indicate Bidder's Construction Contractors Board License No. I Signature of Bidder I I I I I I February 2009 00300 -10 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I FIRST -TIER SUBCONTRACTOR DISCLOSURE FORM FOR Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 Bid Closing: Disclosure Submittal Deadline: This form must be submitted at the location specified in the Advertisement To Bid on the advertised bid closing date and within two working hours after the advertised bid closing time. List below the names of each subcontractor that will be furnishing labor or furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter `NONE' if there are no subcontractors that need to be disclosed (ATTACH ADDITIONAL SHEETS IF NEEDED). Subcontractor Name Dollar Value Category of Work I 1 I 1 1 I Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award. Form Submitted by (Bidder Name): Contact Name: Phone No.: SIGNATURE: By: Title: Date: END OF SECTION February 2009 00300 -11 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 (THIS PAGE LEFT BLANK INTENTIONALL I9 I I I I I I I Ii I I I I I I I I I I SECTION 00500 - AGREEMENT 1 THIS AGREEMENT is dated as of the day of , 2009 by and between I Clean Water Services (hereinafter called OWNER) and (hereinafter called CONTRACTOR). I OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: I ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents I entitled Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 (Project). The WORK is generally described as follows: The provision of labor, materials, equipment, and appurtenances for the following work in Aeration Basin 1: modify the existing concrete baffle wall between cells 4 and 5 and remove the gates and fill the channel 1 between cells 4/5 and 7 with concrete. The Project also includes recoating the sludge collection mechanisms in Primary Clarifier No 1 and Secondary Clarifier No. 1: ii ARTICLE 2. ENGINEER, The Project has been designed by West Yost Associates, Inc., 8100 SW Nyberg Road, Suite 200, a Tualatin, OR 97062, (503) 692 -3223, and they are the Design Engineer -of- Record. For the purposes of this Agreement, OWNER shall also be referred to as ENGINEER and shall have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the WORK in accordance with the Contract Documents. I ARTICLE 3. CONTRACT TIMES. I Milestone, Substantial Completion and Final Completion WORK shall be completed within the following days from the commencement date in the Notice to Proceed (NTP) or by the dates identified below: III Milestone Calendar Days WORK requiring channels and Cells 1 -7 of Aeration Basin 1 45 to be out of service I WORK requiring Primary Clarifier No. 1 to be out of service 45 WORK requiring Secondary Clarifier No. 1 to be out of 45 I service Substantial Completion 45 Final Completion 60 I I February 2009 00500-1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I I ARTICLE 4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER I will suffer financial loss if the WORK is not completed within the time(s) specified in Article 3 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in determining in a legal or other dispute resolution proceeding the actual loss suffered by OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER the following amounts for each day that expires after the time specified in Article 3 herein: Milestone Liquidated Damages per Day I Substantial Completion $600 Final Completion $200 In addition, CONTRACTOR shall pay damages of impacts to other contractors /suppliers affected by CONTRACTOR delays. OWNER shall recover such liquidated damages by deducting the amount owed by change order or from the fmal payment or any retainage held by OWNER. Each milestone is a separate Contract requirement. OWNER will assess liquidated damage amounts cumulatively for failure to meet multiple Milestone dates. ARTICLE 5. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract j Documents in current funds the amount(s) set forth in the conformed Bid Forms, which are included as an attachment to this Agreement. ARTICLE 6. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ARTICLE 7. RETAINAGE. Prior to Final Completion, OWNER shall retain from progress payments 5 percent of the value of WORK completed. In lieu of retainage, and at CONTRACTOR's option, provisions may be made as provided in ORS 279C.560 for either depositing with OWNER or in a bank or trust company, bonds or securities of value equal to the retainage, to be held for the benefit of OWNER. Interest on such bonds or securities shall accrue to CONTRACTOR. Costs incurred by OWNER as a result of this option will be deducted from CONTRACTOR's fmal payment. I In lieu of retainage, CONTRACTOR may elect to have accumulated funds deposited by OWNER, as provided in ORS 279C.560, in an interest - bearing account. Interest on such an account would accrue to February 2009 00500 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I CONTRACTOR. Costs incurred by OWNER as a result of this option will be deducted from CONTRACTOR's fmal payment. In lieu of retainage CONTRACTOR, with the approval of OWNER, may deposit a surety bond for all or any portion of the retainage in a form acceptable to OWNER. Such bond and any proceeds therefrom shall be made subject to all claims and liens as provided for in ORS 279C.550 to 279C.625. ARTICLE 8. PREVAILING WAGE RATESIBOLI FEE/PUBLIC WORKS BOND REQUIRED. CONTRACTOR agrees that the provisions required by ORS 279C.830 pertaining to CONTRACTOR's payment of prevailing wage rates shall be included as part of this Agreement. CONTRACTOR shall pay workers at not less than the specific minimum hourly rate of wages in accordance with ORS 279C.838 and 279C.840 and shall require its subcontractors to pay at such rates. The applicable Oregon prevailing wage rates for such workers are incorporated by reference in Section 00810. Contractor shall also include in every subcontract a provision requiring the subcontractor to comply with this provision. OWNER shall pay the required fee to the Commissioner of the Bureau of Labor and Industries pursuant to the provisions of ORS 279C.825. Before starting any Work on the Project, CONTRACTOR shall have a public works bond filed with the Construction Contractors Board, unless exempt under 279C.836(4), 279C.836(7), 279C.836(8) or 279C.836(9). CONTRACTOR shall also include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the Project unless exempt under 279C.836(4), 279C.836(7), 279C.836(8) or 279C.836(9). ARTICLE NTRAC 9 . CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning WORK are: • Agreement • Permits from outside agencies • Addenda numbers to _, inclusive • Conformed Bid Forms • Specifications: Volume 1, Divisions 00 through 17 (Except Sections 00030 — Advertisement to Bid, and Section 00100 — Instructions to Bidders) • Contract Drawings • Executed Performance and Payment Bonds • Copies of Public Works Bonds from CONTRACTOR and every subcontractor on the Project. There are no Contract Documents other than those listed in this Article 9. The Contract Documents may only be amended by Change Order as provided in Article 10 of the General Conditions. ARTICLE 10. ASSIGNMENT. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such February 2009 00500 -3 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically P Y Y ) P Y stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. , ARTICLE 11. PAYROLL AND CERTIFIED STATEMENTS FILING REQUIREMENTS AND ADDITIONAL RETAINAGE. I CONTRACTOR or CONTRACTOR'S surety, and every subcontractor or subcontractor's surety, shall file with OWNER written payroll and certified statements (Certified Payrolls) that accurately and completely contain the payroll records for each week during which the CONTRACTOR or subcontractor employs a worker on a public works project. The Certified Payrolls shall contain the information required and conform to the requirements set forth in ORS 279C.845 and Oregon Administrative Rule 839 - 025 -0010. CONTRACTOR shall file the Certified Payrolls with OWNER once a month by the fifth business day of the following month. OWNER shall retain 25 percent of any amount earned by CONTRACTOR, in addition to other retainage, I on the WORK until CONTRACTOR has filed with OWNER the required Certified Payrolls . OWNER shall pay CONTRACTOR the amount retained under this section within 14 days after the CONTRACTOR files the Certified Payrolls required by this article regardless of whether a subcontractor has failed to file Certified Payrolls . OWNER is not required to verify the truth of the contents of the Certified Payrolls filed by CONTRACTOR. CONTRACTOR shall retain 25 percent of any amount earned by a first -tier subcontractor on the WORK I until the subcontractor has filed with OWNER the required Certified Payrolls . CONTRACTOR shall verify that the first-tier subcontractor has filed the Certified Payrolls before the CONTRACTOR may pay the subcontractor any amount retained under this article. CONTRACTOR shall pay the first-tier subcontractor the amount retained under this article within 14 days after the subcontractor files the Certified Payrolls required by this article. Neither OWNER nor CONTRACTOR is required to verify the truth of the contents of the Certified Payrolls filed by the first-tier subcontractor. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER CONTRACTOR By By Title: Address for giving notices Address for giving notices I I February 2009 00500 -4 Durham AWWTF I 517- 03 -09 -21 Secondary Train One Rehabilitation I 1 Approved as to Form License No. District Leg al Counsel I I I I I 1 a 1 I 1 I I a I I February 2009 00500-5 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation AGREEMENT CERTIFICATE (if Corporation) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the I a corporation existing under the laws of the State of , was held on , 20 , and the following resolution was duly passed and adopted: "RESOLVED, that , as President of the Corporation, be and is hereby authorized to execute the Agreement for Durham Advanced Was deed of this Corporation." I further certify that said resolution is now in full force and effect. I IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2009. I President Secretary I I I I I I February 2009 00500 - Durham AWWTF I 517- 03 -09 -21 Secondary Train One Rehabilitation I AGREEMENT CERTIFICATE (if Partnership) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the 1 a partnership existing under the laws of the State of , was held on , 20_, and the following resolution was duly passed and adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the Agreement for Durham Advanced Wastewater Treatment Facility Secondary Train One Rehabilitation Project No. 6391 by and between this Partnership and Clean Water Services and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership." g I further certify that said resolution is now in full force and effect. ' IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2009. I Partner I I a I I I February 2009 00500-7 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I AGREEMENT CERTIFICATE 1 (if Joint Venture) I STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the I a joint venture existing under the laws of the State of , was held on , 20, and the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Agreement for Durham Advanced Wastewater Treatment Facility Secondary Train One Rehabilitation Project No. 639 by and between this Joint Venture and Clean Water Services and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2009. I Managing Partner I END OF AGREEMENT I I 1 I February 2009 00500 -8 Durham AWWTF I 517- 03 -09 -21 Secondary Train One Rehabilitation I I 00610 PERFORMANCE BOND FOR I Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 I Bond No. Amount: $ I KNOW ALL PEOPLE BY THESE PRESENTS, that 1 as CONTRACTOR, and III A CORPORATION, duly authorized to do a general surety business in the State of Oregon, as SURETY, are jointly and severally held and bound unto Clean Water Services, hereinafter referred to as the Obligee, in the sum of DOLLARS ($ ) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. I This bond is executed under the authority of ORS Chapters 279A, 279B and 279C, of the State of Oregon, the provisions of which are hereby incorporated into this bond and made a part thereof. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Contractor has been conditionally awarded a contract for Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 by the Obligee, which contract, including all Contract I Documents, is by this reference expressly incorporated herein. NOW THEREFORE, the condition of this bond is such that if the Contractor shall faithfully perform all I the provisions of such Contract for the duration thereof, including the one -year correction period described in Contract Documents, and indemnify and save harmless the Obligee from any claim for damages of every kind and description or injury to property or persons arising or alleged to have arisen by I reason of the work; and shall, in the time and manner, and under the terms and conditions prescribed, faithfully do, perform, and furnish all matters and things as by them in the Contract undertaken, and as by law, local, state, and federal, prescribed, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER: ii In no event shall the SURETY be liable for a greater sum than the amount of this bond. The SURETY for the value received, hereby stipulates and agrees that no change, extension of time, I alteration, or addition to the term of the Contract Documents, or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any way 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 I Contract, or to the work, or to the Contract Documents. al I February 2009 00610-1 Durham AWWTF 517-03-09-21 Secondary Train One Rehabilitation I Signed this day of , 2009. 1 I I ADDRESS CONTRACTOR PHONE NUMBER SURETY By: 1 Attorney -in -Fact I Address of Surety's Resident Agent 1 Approved as to Form i District Counsel I 1 I I 1 I I I I February 2009 00610 -2 Durham AWWTF I 517- 03 -09 -21 Secondary Train One Rehabilitation I 00620 PAYMENT BOND FOR I Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 I Bond No. Amount: $ I KNOW ALL PEOPLE BY THESE PRESENTS, that I as CONTRACTOR, and IA CORPORATION, duly authorized to do a general surety business in the State of Oregon, as SURETY, are jointly and severally held and bound unto Clean Water Services, hereinafter referred to as the Obligee, in the sum of I DOLLARS ($ ) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. 1 This bond is executed under the authority of ORS Chapters 279A, 279B and 279C, of the State of Oregon, the provisions of which are hereby incorporated into this bond and made a part thereof. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: 11 WHEREAS, the Contractor has been conditionally awarded a contract for Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 by the Obligee, which contract, including all Contract I Documents, is by this reference expressly incorporated herein. NOW THEREFORE, the condition of this bond is such that if the Contractor shall faithfully and promptly I pay all laborers, mechanics, subcontractors, materialmen, and all persons who supply such work and services, and indemnify and save harmless the Obligee from any claim for damages of every kind and description or injury to property or persons arising or alleged to have arisen by reason of the work; and I shall, in the time and manner, and under the terms and conditions prescribed, faithfully do, perform, and furnish all matters and things as by them in the Contract undertaken, and as by law, local, state, and federal, prescribed, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER: In no event shall the SURETY be liable for a greater sum than the amount of this bond. 1 The SURETY for the value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the term of the Contract Documents, or to the work to be performed thereunder, I or the Specifications accompanying the same, shall in any way 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 Contract Documents. I I 1 February 2009 00620 -1 Durham AWWTF 517 03 -09 -21 Secondary Train One Rehabilitation Signed this day of , 2009. ' ADDRESS CONTRACTOR PHONE NUMBER SURETY By: I Attorney -in -Fact I Address of Surety's Resident Agent I Approved as to Form , District Counsel I I I I I I I 1 February 2009 00620 -2 Durham AWWTF I 517- 03 -09 -21 Secondary Train One Rehabilitation I SECTION 00630 STATUTORY PUBLIC WORKS BOND Contractor shall file the attached Statutory Public Works Bond with the Construction Contractor's Board. I I I I a I i 1 1 1 1 1 1 February 2009 00630 -1 Durham AWWTF 517-03-09-21 Secondary Train One Rehabilitation I I (THIS PAGE LEFT BLANKINTENTIONALLI) 1 I I I I I I I I 1 I I I 1 I I I I ' SECTION 00700 - GENERAL CONDITIONS FOR DURHAM AWWTF SECONDARY TRAIN ONE REHABILITATION, PROJECT NO. 6391 1 I I I I I I I I February 2009 00700 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I I (THIS PAGE LEFT BLANK INTENTIONALL19 1 I I I I I I I I I I I I I Engineers Joint Documents Committee Design and Construction Related Documents License: I Instructions and License Agreement You have a limited nonexclusive license to: 1. Use EJCDC Design and Construction Related I Instructions Documents on any number of machines owned, leased or rented by your company or organization. Before you use any EJCDC document: 1. Read the License Agreement. You agree to it and are 2. 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General: You may not sublicense, assign, or transfer this license except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. This Agreement shall be governed by the laws of the State of Virginia. Should you have any questions concerning this Agreement, you may contact EJCDC by writing to: Arthur Schwartz, Esq. ' I This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by 0 ACEC �` Aar +NCtn¢Ir. OW Fxc:Ir�ccrtexe: Caa��,>rv�r> 1 - -V American Society ; National Society of of Civil Engineers - =— Professional Engineers Professional Engineers In Private Practice dl AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS I Endorsed by / CONSTRUCTION SPECIFICATIONS INSTITUTE I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 1 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C -520 or C -525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C -001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C -800, 2007 Edition). I I I I i Copyright cO 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201 -3308 (703) 548 -3118 www.agc.org , The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. 1 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. I I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS I Page Article 1— Definitions and Terminology 1 I 1.01 Defined Terms 1 1.02 Terminology 5 I Article 2 — Preliminary Matters 6 2.01 Delivery of Bonds and Evidence of Insurance 6 2.02 Copies of Documents 6 I 2.03 Commencement of Contract Times; Notice to Proceed 6 2.04 Starting the Work 7 I 2.05 Before Starting Construction 7 2.06 Preconstruction Conference; Designation of Authorized Representatives 7 2.07 Initial Acceptance of Schedules 7 1 Article 3 — Contract Documents: Intent, Amending, Reuse 8 3.01 Intent 8 a 3.02 Reference Standards 8 3.03 Reporting and Resolving Discrepancies 8 3.04 Amending and Supplementing Contract Documents 9 I 3.05 Reuse of Documents 10 3.06 Electronic Data 10 1 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 10 4.01 Availability of Lands 10 I 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 11 4.04 Underground Facilities 13 I 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 I Article 5 — Bonds and Insurance 16 5.01 Performance, Payment, and Other Bonds 16 5.02 Licensed Sureties and Insurers 16 I 5.03 Certificates of Insurance 16 5.04 Contractor's Insurance 17 5.05 Owner's Liability Insurance 18 I 5.06 Property Insurance 18 5.07 Waiver of Rights 20 5.08 Receipt and Application of Insurance Proceeds 21 1 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i I 1 5.09 Acceptance of Bonds and Insurance; Option to Replace 21 I 5.10 Partial Utilization, Acknowledgment of Property Insurer 21 Article 6 - Contractor's Responsibilities 22 ' 6.01 Supervision and Superintendence 22 6.02 Labor; Working Hours 22 6.03 Services, Materials, and Equipment 22 6.04 Progress Schedule 23 6.05 Substitutes and "Or- Equals" 23 6.06 Concerning Subcontractors, Suppliers, and Others 25 6.07 Patent Fees and Royalties 27 6.08 Permits 27 6.09 Laws and Regulations 27 I 6.10 Taxes 28 6.11 Use of Site and Other Areas 28 6.12 Record Documents 29 6.13 Safety and Protection 29 6.14 Safety Representative 30 6.15 Hazard Communication Programs 30 I 6.16 Emergencies 30 6.17 Shop Drawings and Samples 30 6.18 Continuing the Work 32 I 6.19 Contractor's General Warranty and Guarantee 32 6.20 Indemnification 33 6.21 Delegation of Professional Design Services 34 ill Article 7 - Other Work at the Site 35 7.01 Related Work at Site 35 I 7.02 Coordination 35 7.03 Legal Relationships 36 Article 8 - Owner's Responsibilities 36 I 8.01 Communications to Contractor 36 8.02 Replacement of Engineer 36 8.03 Furnish Data 36 8.04 Pay When Due 36 8.05 Lands and Easements; Reports and Tests 36 8.06 Insurance 36 8.07 Change Orders 36 8.08 Inspections, Tests, and Approvals 37 I 8.09 Limitations on Owner's Responsibilities 37 8.10 Undisclosed Hazardous Environmental Condition 37 8.11 Evidence of Financial Arrangements 37 8.12 Compliance with Safety Program 37 Article 9 - Engineer's Status During Construction 37 I 9.01 Owner's Representative 37 9.02 Visits to Site 37 I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii I 9.03 Project Representative 38 9.04 Authorized Variations in Work 38 9.05 Rejecting Defective Work 38 I 9.06 Shop Drawings, Change Orders and Payments 38 9.07 Determinations for Unit Price Work 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 39 I 9.09 Limitations on Engineer's Authority and Responsibilities 39 9.10 Compliance with Safety Program 40 I Article 10 - Changes in the Work; Claims 40 10.01 Authorized Changes in the Work 40 10.02 Unauthorized Changes in the Work 40 I 10.03 Execution of Change Orders 41 10.04 Notification to Surety 41 10.05 Claims 41 I Article 11- Cost of the Work; Allowances; Unit Price Work 42 11.01 Cost of the Work 42 I 11.02 Allowances 45 11.03 Unit Price Work 45 I Article 12 - Change of Contract Price; Change of Contract Times 46 12.01 Change of Contract Price 46 12.02 Change of Contract Times 47 12.03 Delays 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work 48 I 13.01 Notice of Defects 48 13.02 Access to Work 48 13.03 Tests and Inspections 48 1 13.04 Uncovering Work 49 13.05 Owner May Stop the Work 50 13.06 Correction or Removal of Defective Work 50 1 13.07 Correction Period 50 13.08 Acceptance of Defective Work 51 13.09 Owner May Correct Defective Work 51 1 Article 14 - Payments to Contractor and Completion 52 14.01 Schedule of Values 52 1 14.02 Progress Payments 52 14.03 Contractor's Warranty of Title 55 14.04 Substantial Completion 55 I 14.05 Partial Utilization 56 14.06 Final Inspection 56 I 14.07 Final Payment 57 14.08 Final Completion Delayed 58 14.09 Waiver of Claims 58 I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 1 Article 15 — Suspension of Work and Termination 58 I 15.01 Owner May Suspend Work 58 15.02 Owner May Terminate for Cause 58 15.03 Owner May Terminate For Convenience 60 I 15.04 Contractor May Stop Work or Terminate 60 Article 16 — Dispute Resolution 61 I 16.01 Methods and Procedures 61 Article 17 — Miscellaneous 61 I 17.01 Giving Notice 61 17.02 Computation of Times 61 17.03 Cumulative Remedies 62 17.04 Survival of Obligations 62 17.05 Controlling Law 62 17.06 Headings 62 I II IN I I I I I I I EJCDC C -700 Standard General Conditions of the Construction Contract I Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv I I ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms I A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to I both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1 1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 1 2. Agreement — The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. I 3. Application for Payment — The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which I is to be accompanied by such supporting documentation as is required by the Contract Documents. I 4. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. i 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the c prices for the Work to be performed. I 6. Bidder — The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements — The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order — document recommended by Engineer which is signed by Contractor and 1 Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1 10. Claim — demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 1 11. Contract — The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or I agreements, whether written or oral. I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 1 1 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 1 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. ' 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. ' 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements— Sections of Division 1 of the Specifications. ' 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances ' that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations Any and all applicable laws, rules, regulations, ' ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens — Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 I 27. Notice of Award — The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed — written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner — The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs — Polychlorinated biphenyls. 1 31. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule — schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 1 33. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual — The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative — The authorized representative of Engineer who may be ' assigned to the Site or any part thereof. 37. Samples — Physical examples of materials, equipment, or workmanship that are 1 representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals — schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values — schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 I 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has • progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 11/ 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 I I addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract I Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract I Times. 1.02 Terminology I A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. I B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," I "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for I compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the I Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. I D. Defective: ll 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: I a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or II approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless I responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). l E. Furnish, Install, Perform, Provide: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 I I 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 1 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ' ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance ' A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are 1 required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 I 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. ' 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless ' otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: ' 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of ' items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during ' performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and ' maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to ' act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on ' Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as IP Y g provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations I 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor ' shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the ' performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been ' issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. ' B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or ' b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result ' in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents 1 A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 1 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or ' EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 I 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: I 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. I B. The prohibitions of this Paragraph 3.05 will survive fmal payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. I 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or ' Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, I data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies II govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or I otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party I shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no I representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware I differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; I HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands I A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for I permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 I ' Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: ' 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 1 2. is of such a nature as to a require change in the Contract Documents; or q EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and , b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a fmal commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 I I I professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. I 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents $ with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the I Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such I information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall I have full responsibility for: a. reviewing and checking all such information and data; 1 b. locating all Underground Facilities shown or indicated in the Contract Documents; I c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage i l thereto resulting from the Work. B. Not Shown or Indicated: I 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract I Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such 1 Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to I which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 1 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An I equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been I expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. AD rights reserved. Page 13 of 62 1 I or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. I 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings I known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. I B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or I 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 I I Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. I Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. a E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to I entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in I Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a I reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to 1 or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by i di Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold I harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of I engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, 1 i provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual 11 or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by II anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 I 1 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 I B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to I purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance I with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. I D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractors Insurance I A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: rig 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; I 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 1 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: I a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or I b. by any other person for any other reason; 5. claims for damages, other than to the Work itself; because of injury to or destruction of `I tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage I arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 17 of 62 I I 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, I materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); I 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance I A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 I I I 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of I them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; I 2. be written on a Builder's Risk "all -risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: I fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as I may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but I not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in I writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; I 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 01 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to I whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, 1 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. I C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal I refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 1 I insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise I payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and I 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. 1 C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 I I against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall I adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance . required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.O1.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 1 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 I I ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 1 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours I A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at 1 the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment I A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 I i 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 I 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute I item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: I a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, I b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and I b) available engineering, sales, maintenance, repair, and replacement services; and EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 1 I 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be l the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others l A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 I other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. I C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor I 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities I performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 I I 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the I performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents I for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. I B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, I consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or I relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to I payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, 10 and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, I design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining I such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of I utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by II applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all EJCDC C -700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 I I court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. 1 C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 1 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by I Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: I 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. I C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 I shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written 1 interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: I 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 I D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, 111 directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). I F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative I A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 I I I 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. 1 b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to I show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: I a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog fY P y uPP � P g numbers, the use for which intended and other data as Engineer may require to enable I Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of I Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. I C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: i a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; I b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the I indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and I d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. III 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review I and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations I that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright CO 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 I I Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. 1 E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee I A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. ' B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 1 I II 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 1 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform I the Work in accordance with the Contract Documents: 1. observations by Engineer; 1 2. recommendation by Engineer or payment by Owner of any progress or final payment; i 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; I 5. any approval Shop Drawing or review and a roval of a Sho Drawin Sample submittal or the issuance of a notice P of acceptability by Engineer; 6. any inspection, test, or approval by others; or P Y $ 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, I consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of I or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the I extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . I B. In any and all claims against Owner or Engineer or any of their officers, directors, members, Y g g Y partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, I or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. AU rights reserved. Page 33 of 62 1 I Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, 1 reports, surveys, Change Orders, designs, or Specifications; or • 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services I A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of 1 the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria I required by the Contract Documents. I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 i I ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site I A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such I other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 1 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a I result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility I owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with I theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it I unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 11 1 7.02 Coordination 1 A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 1 i 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. ty P P I B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. i EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 I I 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications I to Contractor through Engineer. 8.02 Replacement of Engineer I A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests I A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property I insurance are set forth in Article 5. 8.07 Change Orders I A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 1 I 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in I Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities I A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety I precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. I 8.10 Undisclosed Hazardous Environmental Condition I A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. I 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial I arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program III A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION I 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and I responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 1 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction I as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, I Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or I continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. I Page 37 of 62 I , and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. , 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 I I I B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. I C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. I D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work I A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between I Owner and Contractor arising prior to the date fmal payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of i the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If I Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the II purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be fmal and binding on Owner and I Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show I partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. I 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or I not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, I tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. i EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 I i B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply I to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program 1 A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS I 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work I A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 I I I 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer I covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) I required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; I 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 1 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of I executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to I the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety I A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not a limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims I A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may I otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. 1 B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with I the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or I more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. I Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 I I opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 1 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work 1 A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 I I I Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. I 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with I Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may I be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If I required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides I that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. I 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related I to the Work. 5. Supplemental costs including the following: Mi a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. I b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not I owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. I c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by I Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or I parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which 1 Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or I anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 I f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such 111 losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. I h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 I I I D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to I Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances I A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by I such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1 1. Contractor agrees that: I a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and I b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in I the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. I D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the I Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work 1 A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to I the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. I B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by 1 Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to I cover Contractor's overhead and profit for each separately identified item. I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 I 1 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 1 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 1 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 1 a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; 1 b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C -700 Standard General Conditions of the Construction Contract 1 Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 1 1 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 1 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 1 1 control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF , DEFECTIVE WORK 13.01 Notice of Defects 1 A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work 1 A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 1 C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. 1 D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. 1 E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless ' Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 1 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1 C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 1 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 1 1 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work 1 A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 1 B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 1 resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. 1 C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work 1 A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 1 1 equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. 1 ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values 1 A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 1 14.02 Progress Payments A. Applications for Payments: 1 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 1 ' Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. ' B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and ' c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. ' 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: ' a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 1 1 b. for the means, methods, techniques, sequences, or procedures of construction, or the 111 safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or 1 replacement; b. the Contract Price has been reduced by Change Orders; 1 c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in 1 Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. 1 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set -off against the amount recommended; or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 1 Id. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. I 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the 1 amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 1 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph I 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title 1 A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no II later than the time of payment free and clear of all Liens. 14.04 Substantial Completion 1 A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items II specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. I B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons I therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a I tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during I which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, i notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial I Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. 1 D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities I EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 1 1 pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until fmal payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial 1 Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 1 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially 1 completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 1 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 1 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 1 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a fmal inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 1 I 14.07 Final Payment A. Application for Payment: 1 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the fmal inspection and has delivered, in accordance with the Contract I Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make I application for final payment following the procedure for progress payments. 2. The fmal Application for Payment shall be accompanied (except as previously delivered) by: I a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; 1 b. consent of the surety, if any, to fmal payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and I d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. I 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor III that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or I which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or 1 receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. I B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying I documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have I been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give I written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend fmal payment, in I which case Contractor shall make the necessary corrections and resubmit the Application for Payment. I C. Payment Becomes Due: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright CO 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 1 1 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 1 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 1 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established 1 under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; ' 3. Contractor's repeated disregard of the authority of Engineer; or 1 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving ' Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or 1 conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner ' has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price ' exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, ' such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when ' so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. ' E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from 1 liability. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. ' Page 59 of 62 1 F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience 1 A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive 1 days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum fmally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 1 1 ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes fmal and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become fmal and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or ' 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 1 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations 1 A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 1 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 1 1 1 1 1 1 1 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 1 SECTION 00800 – SUPPLEMENTARY CONDITIONS FOR Durham AWWTF Secondary Train One Rehabilitation, Project No. 6391 GENERAL ' These Supplementary Conditions make additions, deletions or revisions to the Section 00700 - General Conditions of the Contract Documents. All provisions which are not so added to, deleted or revised remain in full force and effect. Terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. SC-1.01.A – Add new paragraphs immediately following Paragraph 1.01.A.51 as follows: 52. Final Completion - -See Paragraph 14.07.B.1 and SC- 14.07.B.1 for definition. 53. Latent Defect - -A defect in the Work of which the Owner has no actual knowledge. 54. Specialist - -The term Specialist refers to a person, partnership, firm, or corporation of established reputation (or if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workers skilled in either (as applicable) manufacturing of fabricated items required by the Contract ' Documents, or otherwise performing Work required by the Contract Documents. Where the Specifications require the installation by a Specialist, that term shall also be deemed to mean either the manufacturer of the items, a person, partnership, firm, or corporation licensed by the manufacturer, or a person, partnership, firm, or corporation who will perform the Work under the manufacturer's direct supervision. ' 55. Consultant — An individual or entity having a direct contract with the Engineer or Engineer's Consultant for performance of work on the Project. SC-2.01 – Add the following paragraph immediately after 2.01.B: ' C. Public Works Bond: Before starting any Work on the Project, CONTRACTOR shall have a public works bond filed with the Construction Contractors Board, unless exempt under 279C.836(4), 279C.836(7), 279C.836(8) or 279C.836(9). CONTRACTOR shall also include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project unless exempt under 279C.836(4), ' 279C.836(7), 279C.836(8) or 279C.836(9). CONTRACTOR shall include copies of both its public works bond and the public works bonds from its subcontractors in the copies of the bonds required in 2.01.A above. SC- 2.02.A – Delete the first sentence of Article 2.02.A in its entirety and replace with the following sentence: 1 Owner shall furnish to Contractor up to five copies of the Project Manual (Specifications and half - size Drawings) and two copies of full -size Drawings. ' SC- 2.03.A – Delete the third sentence of Paragraph 2.03.A in its entirety. 1 ' February 2009 00800-1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation SC-3.01.A — Add the following at the end of Paragraph 3.01.A: In resolving inconsistencies among two or more components of the Contract Documents, precedence , shall be given in the following order: 1. Permits from outside agencies 2. Agreement 1 3. Addenda 4. Contractor's Bid (Bid Form) 5. Supplemental Conditions 6. General Conditions 7. Specifications — Division 01 8. Specifications — Divisions 02 — 16 9. Drawings 10. Bonds Change Orders, Work Change Directives, Field Orders, Engineer's written interpretation and , clarifications and Notice to Proceed, in precedence listed, will take precedence over all other Contract Document components referenced herein. Figure dimensions on Drawings take precedence over scaled dimensions. The Drawings with the higher level of detail take precedence over less detailed Drawings. SC- 3.04.B.2 — Delete the parenthetical phrase in its entirety in Paragraph 3.04.B.2 and replace with the 111 following: (Subject to the provisions of Section 01300 — Contractor Submittals) ' SC-4.01.B — Delete Paragraph 4.01.B in its entirety. SC- 4.02.B — In the first sentence, insert the word "reasonably" between the words "may" and "rely" and delete the second sentence (beginning with "Such" and ending with "Conditions ") of Paragraph 4.02.B. SC- 4.05.A — Add the following sentence after the first sentence of Paragraph 4.05.A: ' Reference points shall be as shown on the Drawings. SC- 4.06.B — In the first sentence, insert the word "reasonably" between the words "may" and "rely ". SC- 4.06.F - Delete this Paragraph in its entirety. 1 SC- 4.06.G - Delete this Paragraph in its entirety. SC-5.01.A — Delete the second sentence of Paragraph 5.01.A in its entirety and replace with the following: These bonds shall remain in effect until one year after date of Final Completion of the Project and acceptance by the Owner, except as provided otherwise by Laws or Regulations or by the Contract Documents. ' February 2009 00800 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation SC- 5.02.A - Add the following to Paragraph 5.02.A: Such surety shall have a rating of not less than A -X in the most current edition of Best's Rating Guide. ' SC- 5.03.A — Supplement Paragraph 5.03.A as follows: Include the following parties or entities as additional insureds: 1. Clean Water Services (Owner) I 2. West Yost Associates, Inc. Deliver all certificates of insurance required by the Contract Documents to Owner with executed ' Agreement. SC -5.04 - Delete Paragraph 5.04 in its entirety and replace with the following paragraphs: ' 5.04 Contractor's Liability Insurance ' A. Insurance Generally: Contractor shall provide the insurance coverage designated hereinafter and pay all costs therefor. 1. Contractor shall provide a certificate, in a form acceptable to Owner, meeting all of the insurance requirements of the Contract. Insurance is to be placed with insurers acceptable to Owner with a minimum Best's rating of A -X. 2. Before commencing work under this Contract, Contractor shall furnish Owner with certificates of insurance specified herein showing the type, amount, class of operations covered, 1 effective dates and date of expiration of policies and containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after 30 days' written notice has been received by Owner." 3. In case of the breach of any provision of this Paragraph, Owner, at its option, may take out and maintain, at the expense of Contractor, such insurance as Owner may deem proper and may ' deduct the cost of such insurance from retainage or from any monies that may be due or become due Contractor under this Contract. 1 B. Contractor and Subcontractor Insurance: Contractor shall not commence work under this Contract until Contractor has obtained all the insurance required hereunder and submitted the requisite certificate of insurance and such insurance has been reviewed by Owner, nor shall ' Contractor allow any subcontractor to commence work on any subcontract until the insurance specified below has been obtained. Review of the insurance by Owner shall not relieve or decrease the liability of Contractor hereunder. ' C. Workers' Compensation: Contractor shall maintain during the life of this Contract workers' compensation insurance required by Oregon law and employer's liability coverage with minimum ' limits of $500,000 for all of Contractor's employees to be engaged in Work pursuant to this Contract. The insurer shall agree to waive all rights of subrogation against Owner and its officers, employees, February 2009 00800 -3 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 agents and volunteers for losses arising from Work performed by Contractor for Owner. In case any such work is sublet, Contractor shall require all subcontractors to provide the same workers' compensation and employer's liability insurance for all of the subcontractor's employees to be engaged in such work. Where such Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act. D. Liability Insurance: Owner and its officers, employees, agents and volunteers shall be included as additional insured on all Contractor's insurance policies as respects liability arising out of activities performed by or on behalf of Contractors, products and completed operations of Contractor; premises owned, leased or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. Coverage shall include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20. The coverage shall contain no special limitations on the scope of protection afforded to Owner and its officers, employees, agents or volunteers. The "other insurance" clause in the required insurance shall not apply to the insurance policies of the Owner. E. Commercial and Automobile Liability Insurance: Contractor shall maintain during the life of this Contract coverage that is at least as broad as paragraphs A and B of this section, and with the limits required below: 1. Commercial General Liability Insurance: "Occurrence" Form including XCU, with a $ (see 1 schedule below) combined single limit per occurrence and a $ (see schedule below) Products and Completed Operations and General Annual Aggregate limit. The policy shall be endorsed to provide full Products and Completed Operations and General Annual Aggregate limits for the Project independent of any other project of Contractor. (Note: "Claims Made" coverage may be considered subject to additional conditions on a case -by -case basis.) Schedule for Commercial General Liability Limits Product & Completed ' Operations and General Contract Bid Per Occurrence Limit Annual Aggregate Limit Less than $100,000 $500,000 $1,000,000 $100,000 - $1,000,000 $1,500,000 $2,000,000 1 Greater than $1,000,000 $4,000,000 $5,000,000 2. Automobile Liability Insurance: Code 1 ( "any auto ") and Uninsured Motorist Endorsement with a $ (see schedule below) combined single limit per occurrence. Contract Bid Per Occurrence Limit $0 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 F. Excess /Umbrella Liability: If Contractor's primary-coverage commercial general liability and automobile coverages do not meet the minimum limit required, Contractor shall maintain during the life of this Contract excess or umbrella liability over the primary policies sufficient to meet the total February 2009 00800 -4 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 aggregate limits required by this Contract. ' G. Pollution Liability Insurance: Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the Contract, Pollution Liability Insurance covering the Contractor's liability for bodily injury, property damage and environmental damage from sudden accidental pollution and ' related cleanup cost incurred by the Contractor, all arising out of the Work or services including the transportation risk to be performed under this Contract. Combined single limit per occurrence shall not be less than $1,000,000. Annual aggregate limit shall not be less than $1,000,000. H. Other Insurance Provisions: 1. Contractor shall show evidence that the required commercial and automobile liability is in effect for the entire term of this Contract. 2. Owner shall be named as an "Additional Insured" on all liability policies in effect under this Contract. 3. Contractor's coverage shall be primary insurance for Owner and its officers, employees, agents and volunteers. Any insurance or self - insurance maintained by Owner and its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 4. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Owner and its officers, employees, agents or volunteers. 5. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. ' I. All Coverages: Any accidents or incidents causing injury or property damage shall be reported by Contractor to Owner and Contractor's insurer. Any deductible or self-insured retentions in excess of 1 percent of the Contract amount must be declared to and approved by Owner. At the 1 option of Owner, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Owner and its officers, employees, agents and volunteers, or Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. ' In the event any work under this Contract is performed by a subcontractor, Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Contract by a subcontractor, which liability is not covered by the subcontractor's insurance. 1 J. Insurance Coverage for Special Conditions: When the construction is to be accomplished within a public or private right -of -way requiring special insurance coverage, Contractor shall conform to the particular requiitments of the authority having jurisdiction and provide the required insurance. Contractor shall include in its liability policy all endorsements that may be required for the protection of the Owner and its officers, agents and employees. Insurance coverage for special conditions, when required shall be provided as set forth in the Supplementary Conditions. K. No Personal Liability for Public Officials: In carrying out any of the provisions hereof in ' exercising any authority granted by the Contract, there will be no personal liability upon any public February 2009 00800-5 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 official. 1 L. Additional Insurance: In addition to the specific insurance requirements set forth above, 1 Contractor shall also provide all insurance and/or certificates required by federal, state, county or municipal bodies, as well as railroads and public utilities. SC- 5.06.A — Delete the word "Owner" in the first sentence and replace with the word "Contractor ". SC-5.06.13 — Delete the word "Owner" in the first line and replace with the word "Contractor ". 1 SC- 5.06.E — Replace the word "Owner" with the word "Contractor" and replace the word "Contractor with the word "Owner" throughout this paragraph. 1 SC- 5.07.B.1. - Delete this Paragraph in its entirety. SC-6.01.B — Add the following after the first sentence of Paragraph 6.01.B: 1 The replacement shall also be a competent resident superintendent and shall be subject to approval by the Owner. The Contractor's superintendent shall be present at the Site at all times while Work is in progress and shall be available by phone for emergencies 24 hours per day, 7 days per week. If at anytime the superintendent leaves the Project Site while Work is in progress, Engineer shall be notified and provided with the name of the Contractor's representative having responsible charge. SC- 6.02.B — Add the following sentence to Paragraph 6.02.B: Contractor (and Subcontractors) regular work hours shall be between 7:00 a.m. and 6:00 p.m. on weekdays only. SC -6.03 —Add the following paragraphs immediately after paragraph 6.03.C: D. Until substantial Completion of the Work is acknowledged by Owner, Contractor shall have the responsible charge and care of the Work and of materials to be used herein, including materials for which CONTRACTOR has received partial payment or materials which have been furnished by OWNER, and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution of the Work or not. E. CONTRACTOR shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before the Work's completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, CONTRACTOR shall, at CONTRACTOR's own expense, provide suitable drainage and erect such temporary structures or rent such structures as are necessary to protect the Work or materials from damage. The suspension of the Work or the granting of an extension of time from any cause whatever shall not relieve CONTRACTOR of CONTRACTOR's responsibility for the Work and materials as specified herein. 1 F. When the quality of a material, process, or article is not specifically set forth in the Contract Documents, the best available quality of the material, process, or article shall be provided. 1 February 2009 00800 -6 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 SC - 6.04.A — Add the following subparagraph to paragraph 6.04.A immediately after subparagraph 1 6.04.A.2: 3. If, in the opinion of Engineer, Contractor falls behind the accepted Construction Schedule due I to actions or neglect of CONTRACTOR or CONTRACTOR's agents, servants, employees, officers, Subcontractors, directors, or any party contracting to perform part or all of the Work or to supply any equipment or materials, CONTRACTOR shall take steps, including, but not limited to, increasing the I number of personnel, shifts, and/or overtime operations, days of work, and/or amount of construction equipment until such time as the Work is back on schedule. CONTRACTOR shall also submit for review no later than the time of submittal of the next request for partial payment, such supplementary schedule or 1 schedules as may be necessary to demonstrate the manner in which the acceptable rate of progress will be regained, all without additional cost to Owner. SC 6.08.A — In Paragraph 6.08.A after the words, "Supplementary Conditions ", add the words, "or I Division 1 — General Requirements ". SC - 6.08 — Add the following paragraph immediately after paragraph 6.08.A: I B. The Contractor shall be responsible for obtaining all permits. The Owner, however, will pay the cost of the permits. I SC -6.09 - Add the following paragraphs immediately after Paragraph 6.09.C.: D. The following paragraphs include without limitation the standard contract clauses that are required in every public contract in accordance with the Oregon Revised Statutes. Contractor shall include any other standard contract clauses required by federal, state, and local laws, ordinances and 1 regulations. This Agreement shall include by reference any other standard contract clauses required by Federal, State and local laws, ordinances and regulations. 1. Prompt Payment: Contractor shall promptly pay all of its obligations arising out of or in I connection with the Work, including, but not limited to, payments (1) to all persons, as due, supplying to Contractor labor, equipment, services or material for the performance of the Work, (2) of all contributions or amounts due the Industrial Accident Fund from Contractor or any subcontractor I incurred in the performance of the Work, and (3) to the Department of Revenue of all sums withheld from employees under ORS 316.167. I 2. Prompt Payment Policy: It is the policy of the State of Oregon that all payments due on a public improvement contract and owed by a contracting agency shall be paid promptly. No public contracting agency is exempt from the provisions of ORS 279C.570. 1 3. Contractor's Failure to Make Prompt Payment: If, upon reasonable concern by the Owner that the Contractor has failed, neglected or refused to make prompt payment of any claim for labor, I equipment, services or materials furnished to the Contractor or a subcontractor by any person in connection with the Project as such claim becomes due, the Owner may pay such claim to the person furnishing the labor, equipment, services or materials and charge the amount of the payment against funds due or to become due the Contractor under the Contract. Owner reserves the right to make payments directly or by multiple -payee check and Contractor hereby consents to such direct and multiple -payee check payments. Upon Owner's request, Contractor shall furnish to Owner the information required to facilitate such payments with each application for payment, including I (1) names, addresses, and telephone numbers of persons making any such claim for labor, equipment, services or material, and (2) a complete listing of outstanding amounts owed to all such persons. I February 2009 00800 -7 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 4. Contractor's and First -Tier Subcontractor's Failure to Make Payment After Payment From Owner; Interest Penalty: If the Contractor or a first -tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor, equipment, services or materials in connection the Project within thirty (30) days after receipt of payment from the Owner or the Contractor, the Contractor or first -tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10 -day period that payment is due under ORS 279C.580(4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the Contractor or first -tier subcontractor on the amount due shall equal three times the discount rate on 90 -day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the public contracting agency or from the Contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. 5. Construction Contractors Board Complaint: If the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor, equipment, services or materials in connection with the Project, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. 6. Continuing Liability of Contractor and Surety: Payment by the Owner of a claim in the manner authorized in this paragraph does not relieve the Contractor or the Contractor's surety from obligation with respect to any unpaid claims. 1 7. Prevailing Rate of Wage: This Project is a public works project subject to the prevailing wage rate requirements in ORS 279C.800 to 279C.870. The Contractor and any subcontractors shall comply with ORS 279C.838 and 279C.840. Workers in each trade or occupation required for the Work of this Project shall not be paid less than the minimum hourly rate of wage for such workers as detailed in Section 00810 of the specifications for this Agreement. 8. Fee to be Paid to BOLI: Owner will pay the required fee to the Bureau of Labor and Industries pursuant to the provisions of ORS 279C.825. 9. Compliance with Laws/Tax Laws: Contractor shall comply with all applicable federal, state, and local laws, statutes, codes, regulations, rules, orders, and rulings including, without limitation, those governing labor, materials, equipment, construction procedures, safety, health, sanitation, and the environment. Contractor agrees to indemnify, hold harmless, reimburse, and defend District from and against any penalties or liabilities arising out of violations of such obligations by Contractor or its subcontractors or suppliers at any tier. Contractor must also comply with all Oregon tax laws and shall submit to District a certification of such compliance in accordance with ORS 305.385(6). 10. Employee Drug Testing Program: Contractor shall certify to Owner that Contractor has initiated, and shall maintain through the completion of the Work of the Project, an employee drug testing program. 11. Work Day/Work Week: No person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, the employee shall be paid at least time and a half pay (1) for all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday, or (2) for all overtime in excess of 10 hours a day or 40 hours in any one week when the work is four consecutive days, Monday through Friday, and (3) for all work performed on Saturday, and on any legal holiday specified in ORS 279C.540. 1 February 2009 00800 -8 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 12. Notice of Required Work Hours: The Contractor, each subcontractor and each lower -tier subcontractor must give notice to its employees in writing, either at the time of hire or before commencement of work, or by posting a notice in a location frequented by its employees, of the number of hours per day and days per week that the employees may be required to work. 13. Claims for Overtime: Any worker employed by the Contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the Contractor within 90 days from the completion of the contact, providing the Contractor has: (1) Caused a circular clearly printed in boldfaced 12 -point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place which is readily available and freely visible to any or all workers employed on the work; (2) Maintained such circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. 14. Worker's Compensation: All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 15. Prompt Payment for Medical Services: The Contractor shall promptly make payment, as due, to any person, co- partnership, association or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys and sums that the Contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. 16. Prompt Payment by Contractor and Subcontractors; Interest Penalty: Contractor shall include in each subcontract and supply contract entered into by the Contractor a clause obligating the Contractor (1) to make payment to the subcontractor or supplier for satisfactory performance within ten (10) days out of such amounts as are paid to the Contractor by the Owner under the Contract, and (2) if payment is not made within 30 days after receipt of payment from the Owner, to pay the subcontractor or supplier an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract as required by this paragraph (1) above. The interest penalty shall be for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made, and computed at the rate specified in Paragraph 6.09.D.4 above. Contractor shall also include in each subcontract and supply contract entered into by the Contractor a clause obligating each subcontractor and supplier to include a payment clause and an interest penalty clause conforming to the standards of this paragraph and Paragraph 6.09.D.4 above in each of its subcontracts and supply contracts and to include such clauses in their subcontracts and supply contracts with each lower -tier subcontractor or supplier. 17. List of Subcontractors/Licensing With Construction Contractors Board: Before commencing Work, Contractor shall provide to Owner and Engineer a list of all subcontractors and suppliers to be involved on the Project. The receipt of such list shall not require the Owner or Engineer to investigate the qualifications of proposed subcontractors and suppliers, nor shall it waive the right of the Owner to later object to or reject any proposed subcontractor or supplier. It shall be the responsibility of the Contractor to assure that all subcontractors are duly registered with the Oregon State Construction Contractors Board and have not been declared ineligible to work on a public contract. 18. Material Salvage: To the extent the scope of the Work for this Agreement requires ` demolition, Contractor must salvage or recycle construction and demolition debris, if feasible and cost- effective. February 2009 00800 -9 Durham AWWTF 517 03 -09 -21 Secondary Train One Rehabilitation 1 1 19. Composting: To the extent the scope of the Work for this Agreement requires lawn and landscape maintenance, the Contractor must compost or mulch yard waste material at an approved site, if feasible and cost - effective. 20. Environmental and Natural Resources Laws: Pursuant to ORS 279C.525, the following is a list of Federal, State, and Local agencies that have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of this Agreement. The following list may not include all such agencies that have enacted ordinances or regulations relating to the environmental pollution and preservation of natural resources. Federal Agencies: r Agriculture, Dept. of Forest Service Natural Resources Conservation Service Defense, Dept. of Army Corps of Engineers Coast Guard Environmental Protection Agency Interior, Dept. of U.S. Fish and Wildlife Service Bureau of Land Management Bureau of Indian Affairs Bureau of Reclamation Labor, Dept. of Occupational Safety and Health Administration Transportation, Dept. of Federal Highway Administration Bureau of Mines Federal Energy Regulatory Commission Geological Survey 1 Health and Human Services, Dept. of Housing and Urban Development, Dept. of Mine Safety and Health Administration Minerals Management Service National Oceanic and Atmospheric Administration Office of Surface Mining, Reclamation and Enforcement Water Resources Council State Agencies: Administrative Services, Dept. of Agriculture, Dept. of Columbia River Gorge Commission Consumer and Business Services, Dept. of Oregon Occupational Safety and Health Division Environmental Quality, Dept. of Fish and Wildlife, Dept. of 1 Forestry, Dept. of Geology and Mineral Industries, Dept. of Human Services, Dept. of Labor and Industries, Bureau of February 2009 00800 -10 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 I Land Conservation and Development, Dept. of Natural Resources, Dept. of I Parks and Recreation, Dept. of State Fire Marshall State Lands, Dept. of 1 Water Resources Department Local Agencies: I City Councils Circuit Courts County Commissioners, Boards of a Fire Districts Historical Preservation Commission Planning Commissions Port Districts Special Districts Oregon Tribal Governments I 21. Retainage: The withholding of retainage by the Contractor or subcontractor shall be in accordance with ORS 279C.550 to ORS 279C.570, 279C.845(7). I 22. Liens: The Contractor shall not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. L 23. Notice of Claim on Bond: The notice of claim required by ORS 279C.600 must be sent by I registered or certified mail or hand- delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to Contractor or subcontractor at any place Contractor or subcontractor maintains an office I or conducts business or at the residence of Contractor or subcontractor. If the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 Days after the employee last provided labor or materials. The notice shall I be in writing substantially as follows: 1 To (here insert the name of Contractor or Subcontractor and the name of the Owner): I Notice is hereby given that the undersigned (here insert the name of the claimant) has a claim for (here insert a brief description of the labor or materials performed or furnished and the person by whom performed or furnished; if the claim is for other than labor or materials, insert a brief description of the claim) in the sum of (here insert the amount) dollars against the (here insert public works bond or payment bond, as applicable) taken from (here insert the name of the principal and, if known, the surety or sureties upon the public works bond or payment bond) for the work of (here insert a brief description of the work concerning which the public works bond or payment bond was 1 taken). Such material or labor was supplied to (here insert the name of Contractor or subcontractor). (here to be signed) 1 I February 2009 00800 -11 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 SC- 6.12.A In the last sentence of Paragraph 6.12.A: delete the words, "these record documents" and replace with the words, "record Drawings and record specifications" and insert the words, "annotated (marked -up to reflect field changes, if any) final" before the words, "Shop Drawings ". SC- 6.13.B — Add the following paragraph immediately after Paragraph 6.13.B: 1 Contractor shall be aware that permit- required confined spaces exist in or near the Project Site. Entry to these spaces must be accomplished in compliance with the requirements of OAR 166 - 150 -0190 (29 CFR 1910.146). Examples of permit- required confined spaces include but are not limited to the following: 1. Open tanks beyond the handrails including clarifiers, aeration basins, channels, etc. 2. Manholes. 3. Flow control structures which have the potential to contain sewage. 4. Enclosed tanks including digesters, clarifiers, aerated grit basins, chemical tanks, etc. 5. Wet well and dry wells of pump stations. 6. Electrical vaults. 1 The hazards associated with these confmed spaces may include but are not limited to: 1. Oxygen deficiency. 2. Combustible vapors including methane. 3. Slip hazards. 4. Fall/retrieval hazard. 5. Engulfment hazard. 6. Lockout required of mechanical and electrical devices. 7. Toxic or hazardous chemicals including hydrogen sulfide and process chemicals. 8. Traffic hazards. 9. Hot work and ignition sources. 10. Potential for rapid changes in working conditions. 11. Painting or coating application activities often pose temporary hazards. 1 Prior to beginning Work in permit- required confined spaces, Contractor shall provide Owner with a copy of Contractor's permit- required confined space entry plan/program including a copy of the permit forms that will be used by the Contractor. Upon request by Contractor, Owner will review with Contractor, Owner's permit- required confmed space program and specific procedures Owner would incorporate in spaces entered. Owner will coordinate any of its entries into the same spaces with the Contractor. When the permit- required confmed space Work is completed, Contractor shall inform Owner, in writing, of any hazards encountered or changes made resulting in different hazards within the space. SC -6.13 — Add the following immediatel after Paragraph 6.13.D: g Y E. Before any Work at the Site is started, Contractor shall have prepared Contractor's written plan for the Project - specific safety precautions and programs, complete with respect to procedures and actions that the Contractor intends for Contractor and all others as provided in Paragraphs 6.13.A.1 and 13.02, in order for Contractor and all others to comply with all applicable Laws and Regulations. Contractor's plan for safety precautions and programs shall February 2009 00800 -12 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 I have been approved and endorsed by Contractor's designated safety representative required in Paragraph 6.14. 1 F. Contractor shall revise Contractor's plan for safety precautions and programs at appropriate times to reflect changes in construction conditions, the Work, Contractor's means, methods, I techniques, sequences and procedures of construction, and the requirements of Paragraph 13.02. Contractor shall disseminate the original plan and revisions to all others indicated in Paragraphs 6.13.A.1 and 13.02. 1 G. Contractor's plan for safety precautions and programs will not require more stringent safety requirements, training or other qualifications for all others, including those specified in Paragraph 13.02 and their employees, than Contractor sets forth for comparable activity and responsibility of Contractor, Subcontractors and Suppliers and their respective employees. SC -6.17 — Delete Paragraph 6.17 in its entirety. See Section 01300 — Submittals of Division 1 - General 1 Requirements. I SC- 6.20.A — Delete Paragraph 6.20.A in its entirety and add the following paragraph: A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify, hold harmless, reimburse and defend Owner and Engineer and the officers, directors, partners, members, I employees, agents, consultants and subcontractors of each and any of them, and the successors in interest of the foregoing, from, for and against suits, actions, claims, damages, penalties, liabilities, losses and expenses (including but not limited to all fees and related costs, disbursements and I expenses of engineers, architects, attorneys and expert witness' fees) arising out of or resulting from the performance of the Work, but only to the extent caused by: 1) the negligent acts or omissions of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, or 2) breach of this Contract by the Contractor. SC- 6.21.B — Add the following sentence to Paragraph 6.21.B: g �p The design professional shall be registered in the State of Oregon. SC- 6.21.D — In the last sentence of Paragraph 6.21.D, delete the phrase "Paragraph 6.17.D.1" and replace 1 with "Section 01300 — Submittals ". SC-7.01 — Add the following paragraphs immediately after Paragraph 7.01.C: I D. Should Contractor cause damage to the work or property of any separate contractor at the site, or should any claim arising out of or resulting from Contractor's performance of the Work at the I site be made by any separate contractor against Contractor, Owner, Engineer, or Engineer's consultants or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by mediation, arbitration or at law. Contractor shall, I to the fullest extent permitted by Laws and Regulations, indemnify, hold harmless, reimburse and defend Owner and Engineer and the officers, directors, partners, members, employees, agents, consultants and subcontractors of each and any of them, and the successors in interest of the I foregoing, from, for and against suits, actions, claims, damages, penalties, liabilities, losses and expenses (including but not limited to all fees and related costs, disbursements and expenses of 1 February 2009 00800 -13 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 engineers, architects, attorneys and expert witness' fees) arising directly, indirectly or consequentially g Y p ) g Y Y q Y out of or resulting from any action, legal or equitable, brought by a separate contractor against Owner, Engineer, or Engineer's Consultants or the officers, directors, employees, agents, or other consultants of each and any of them to the extent based on a claim caused by, arising out of, or resulting from Contractor's negligent or other failure of performance in the Work. E. Should a separate contractor cause damage to the Work or property of Contractor or should the performance of work by any separate contractor at the site give rise to any other claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, or Engineer's Consultants or the officers, directors, employees, agents, or other consultants of each and any of them or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any mediator or arbitrator which seeks to impose liability on or to recover damages from Owner, Engineer, or Engineer's Consultants or the officers, directors, employees, agents, or other consultants of each and any of them on account of any such damage or claim. SC -7.02 — Delete Paragraphs 7.02.A and 7.02.B in their entireties and replace with the following: A. Engineer and Owner will have authority and responsibility for coordination of Site activities for various contractors and utility owners at and adjacent to the Project site. Contractor shall cooperate with this effort and assist the coordination with work activities conducted by other contractors performing such other work. 1 B. Unless expressly assigned to Engineer or Owner, all other authority and responsibilities shall remain vested in each contractor and utility owner. 1 SC- 8.02.A — In Paragraph 8.02.A, delete the words, "to whom Contractor makes no reasonable objection, ". 1 SC- 9.03.A — Add the following paragraphs immediately after Paragraph 9.03.A: B. The Resident Project Representative (RPR) will be furnished by Owner. The responsibilities, 1 authority, and limitations of the RPR are limited to those of Engineer in accordance with Paragraph 9.09 of the General Conditions and as set forth elsewhere in the Contract Documents and are further limited and described below. C. Responsibilities and Authority: 1. Schedules: Review and monitor the progress schedule, schedule of Submittal submissions 1 and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Conduct or attend meetings with Contractor, such as 1 preconstruction conferences, progress meetings, Work conferences and other Project related meetings. 3. Liaison: (i) Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents; (ii) assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's onsite operations; (iii) assist in obtaining from Owner additional details or information when required for proper execution of the Work. 1 February 2009 00800 -14 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 4. Submittals: Receive Submittals which are furnished at the site by Contractor, and notify Engineer of availability for examination. Advise Engineer and Contractor of the commencement of any Work or arrival of products at site, when recognized, requiring a Shop Drawing or Sample if the Submittal has not been approved by Engineer. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: (i) Conduct onsite observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents; (ii) inform Engineer and Contractor whenever RPR believes that any Work is defective; (iii) advise Engineer when RPR believes that any Work will not produce a complete Project that conforms generally to the Contract Documents, or will prejudice the integrity of the design concept of the complete Project as a functioning whole as indicated in the Contract Documents, or whenever RPR believes Work should be uncovered for observation, or requires special testing, inspection, or approval; (iv) monitor to ensure that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; (v) and observe, record and report to Engineer appropriate details relative to the test procedures and startups; and (vi) accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the Engineer. I' 6. Interpretation of Contract Documents: Inform Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings 1 or Specifications and provide recommendations to Engineer; transmit to Contractor the decision issued by Engineer. 8. Records: (i) Maintain at the site files for correspondence, conference records, Submittals including Shop Drawings and Samples, reproductions of original Contract Documents including all Addenda, the signed Agreement, Written Amendments, Work Change Directives, Change Orders, Field Orders, additional Drawings issued after the Effective Date of the Agreement, Engineer's I written clarifications and interpretations, progress reports, and other Project related documents; (ii) keep a record of pertinent site conditions, activities, decisions and events. 9. Reports: (i) Furnish Engineer periodic reports of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittal submissions; (ii) consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work; and (iii) assist in drafting proposed Change Orders, Work Change Directives, and Field Orders, obtain backup material from Contractor as appropriate. 10. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals, Record Documents, and Site Records: During the course of the Work, monitor whether these documents and other data required to be assembled, maintained, and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Owner prior to final payment for the Work. February 2009 00800 -15 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 12. Substantial Completion: (i) Conduct an inspection in the company of Engineer, Owner, and Contractor and prepare a list of items to be completed or corrected; (ii) submit to Engineer a list of observed items requiring completion or correction. 1 13. Final Completion: (i) Conduct final inspection in the company of Engineer, Owner, and Contractor; and (ii) notify Contractor and Engineer in writing of all particulars in which this inspection reveals that the Work is incomplete or defective; and (iii) observe that all items on final list have been completed, corrected, or accepted by Owner and make recommendations to Engineer concerning acceptance. D. Limitations of Authority: Resident Project Representative will not: 1. Have authority to authorize any deviation from the Contract Documents or substitution of 1 materials or equipment, unless authorized by Engineer; or 2. Undertake any of the responsibilities of Contractor, Subcontractors or Contractor's superintendent; or 3. Accept Submittals from anyone other than the Contractor; or 4. Authorize Owner to occupy the Project in whole or in part; or 5. Participate in specialized field or laboratory tests or inspections conducted by others except as 1 specifically authorized by Engineer. SC- 9.06.A - In Paragraph 9.06.A, delete the phrase "Paragraph 6.17" and replace with "Section 01300 — Submittals ". SC -9.09 — Add the following paragraph immediately following Paragraph 9.09.E: 1 F. Contractors, Subcontractors, Suppliers and others on the Project, or their sureties, shall maintain no direct action against Engineer, its officers, employees, affiliated corporations, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the Owner will be the beneficiary of any undertaking by Engineer. SC- 10.O1.A — Change "B" to "E" in Paragraph 10.01.B and add the following paragraphs immediately 1 after Paragraph 10.01.A: B. Owner may, in anticipation of ordering an addition, deletion or revision to the Work, request Contractor to prepare a proposal of cost and times to perform Owner's contemplated changes in the Work. Contractor's written proposal shall be transmitted to the Engineer promptly, but not later than fourteen days after Contractor's receipt of Owner's written request and shall remain a firm offer for a period of not less than forty -five days after receipt thereof by Engineer. 1. Contractor is not authorized to proceed on an Owner contemplated change in the Work prior to Contractor's receipt of a Change Order (or Work Change Directive) incorporating such change into the Work. 2. Owner's request for proposal or multiple requests for proposals shall not justify a claim for an adjustment in Contract Price or Contract Times (or Milestones). C. In signing a Change Order, the Owner and Contactor acknowledge and agree that: 1 February 2009 00800 -16 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 1. The stipulated compensation (Contract Price or Contract Times, or both) set forth in the Change Order includes payment for (i) the Cost of the Work covered by the Change Order, (ii) Contractor's fee for overhead and profit, (iii) interruption of progress schedules, (iv) delay and impact, including cumulative impact, on Work under the Contract Documents, and (v) extended overhead; 2. The Change Order constitutes full mutual accord and satisfaction for the change to the Work; 3. No reservation of rights to pursue subsequent claims on the Change Order will be made by either party; 4. No subsequent claim or amendment of the Contract Documents will arise out of or as a result of the Change Order; 5. In executing Change Order, Contractor shall defend and indemnify Owner and Engineer and their officers, agents and employees from any and all claims of any kind by any subcontractor or supplier of any tier based upon the subject matter of any claim released hereunder by Contractor in the Change Order; and 6. Except as otherwise provided in the Change Order, the Contract, as amended, between Owner and Contractor remains in full force and effect. D. A copy of the Change Order form that will be used on the project is attached as Exhibit A to the Supplementary Conditions. Requests for Information (RFI's) of the Contractor and Engineer's responses to RFI's that result in the development and execution of a Change Order shall be attached to and referenced in the Change Order. 1 1 1 1 1 1 1 1 ' February 2009 00800-17 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 SC -10.06 — Add the following paragraph to ARTICLE 10 — CHANGES IN THE WORK; CLAIMS: 10.06 Cost Reduction Incentive A. The Contractor may submit cost reduction proposals to the Engineer for modifying the plans, specifications, or other requirements of this Contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair the essential functions or characteristics of the project, including, but not limited to, service life, economy of operation, ease of maintenance, desired appearance, or safety standards. B. Cost reduction proposals shall contain the following information: 1. A description of both the existing Contract requirements and the proposed changes. 2. An itemization of the change in Contract requirements if the cost reduction proposal is adopted. 3. A detailed estimate of the cost of performing the work under the existing Contract and under the proposed change. The detailed estimates shall include all labor, material, equipment, subcontractor, supervision, overhead and fee costs in sufficient detail as Owner deems appropriate and in accordance with Article 11. The detailed estimates shall also include adequate substantiation for such costs in the form of quantity surveys and Supplier and Subcontractor quotations. If requested by Owner, Contractor shall require any Subcontractors to provide detailed estimates in accordance with this Paragraph. 1 4. A CPM schedule analysis of the time associated with performing the work under the existing Contract and under the proposed change. 5. A statement of the time within which the Engineer must make a decision on the cost reduction proposal. C. The Engineer will not be liable to the Contractor for any failure to accept or act upon any cost reduction proposal submitted, nor to any delays to the Work attributable to any such cost reduction proposal. 1 D. The Contractor shall continue to perform the Work in accordance with the requirements of the Contract until an executed change order, incorporating the cost reduction proposal has been issued. If an executed change order has not been issued by the date indicated in the Contractor's cost reduction proposal, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal shall be deemed rejected. E. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the Engineer reserves the right to disregard Contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of the work to be performed or deleted. F. The Engineer reserves the right to require the Contractor to share in the Owner's costs of investigating a cost reduction proposal submitted by the Contractor. Where such condition is imposed, the Contractor shall indicate acceptance in writing, and such acceptance shall constitute full February 2009 00800 -18 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 authority for the Engineer to deduct amounts payable to the Contractor from any monies due the Contractor under the Contract. G. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a Contract change order. The change order shall specifically state that it is executed pursuant to this section. Such change order will incorporate the changes in the Contract Documents which are necessary to implement the cost reduction proposal, and shall include any conditions upon which the Engineer's approval is based. The change order shall set forth the estimated net savings in the cost of performing the work attributable to the cost reduction proposal, and shall further provide that the Contract cost be adjusted by crediting the Owner with 50% of the net cost savings. The amount specified to accrue to the Contractor in the change order for a cost reduction proposal shall constitute full compensation to the Contractor for all work associated with the cost reduction proposal. H. Acceptance of the cost reduction proposal and performance of the work thereunder shall not extend the time of the Contract unless specifically provided for in the Contract change order incorporating the cost reduction proposal. I. The Owner expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Owner when it determines that the cost reduction proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation, and only to those contracts awarded to the Contractor prior to submission of the accepted cost reduction proposal. Cost reduction proposals similar or identical to previously submitted proposals will be eligible for consideration and compensation if the previously submitted cost proposal was not adopted for general application. The Owner or any other public agency shall have the right to use all or any part of a cost reduction proposal without obligation or compensation of any kind to the Contractor. J. The Contractor shall bear all costs to revise all bonds for the project to include the cost reduction incentive proposal work. SC- 11.01.A.1- Delete Paragraph 11.01.A.1 in its entirety and replace with the following: 1. Labor costs for employees in the direct employ of Contractor in the performance of the Work will be the actual cost for Wages in accordance with the Oregon Bureau of Labor and Industries (BOLI) Prevailing Wage Rates for Public Works Contracts in Oregon for each craft or type of workers performing the Work at the time the work is done, plus BOLI's established Fringe Rate for employer payments of payroll taxes, worker compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers will be paid only when such costs are not included in the invoice for equipment rental. The labor costs of foremen and superintendents shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. SC- 11.01.A.4 — In Paragraph 11.01.A.4, delete the word "special" and replace with the word "technical" and delete the parenthetical phrase "(including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants)" in its entirety. SC- 11.01.A.5.c — Delete Paragraph 11.01.A.5.c and replace with the following: c. Rentals of construction equipment at the rental rate listed for such equipment specified in the current edition of the "Contractor's Equipment Cost Guide" as published by Equipment Watch February 2009 00800-19 Durham AWWTF 517 Secondary Train One Rehabilitation 1 (www.etiuipmentwatch.com), telephone number 800/699 -3282, or from rate sheets from local rental companies. Such rental rate will be used to compute payments for equipment whether the equipment is under the Contractor's control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment will be the rate resulting in the least total cost to the Owner for the total period of use. If it is deemed necessary by the Contractor to use the equipment not listed by the references specified herein, an equitable rental rate for the equipment will be established by the Engineer. The Contractor may furnish cost data which might assist the Engineer in the establishment of the rental rate. Payment shall be subject to the following: 1) Payment for equipment which is already on the Project site and which is used in the completion of extra work will not be allowed; 2) All equipment shall, in the opinion of the Engineer, be in good working condition 1 and suitable for the purpose for which the equipment is to be used; 3) Before construction equipment is used on the extra work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Engineer, in duplicate, a description of the equipment and its identifying number; 4) Unless otherwise specified, manufacturer's ratings and manufacturer approved 1 modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least minimum rating recommended by the manufacturer; 5) Individual pieces of equipment or tools having a replacement value of $500 or less, whether or not consumed by use, will be considered to be small tools and no payment will be IA: made therefore; and 6) Rental time will not be allowed while equipment is inoperative due to breakdowns. 1 The rental time to be paid for equipment of the site will be the time the equipment is in productive operation on the extra work being performed and, in addition, will include the time required to move the equipment to the location of the extra work and return it to the original location or to another location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on other than the extra work. Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time of equipment on the Work site will be computed subject to the following: 1) When hourly rates are listed, any part of an hour less than 30 minutes of operation 1 will be considered to be half -hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation; 2) When daily rates are listed, any part of a day less than 4 hours operation will be considered to be half -day of operation. When owner- operated equipment is used to perform extra work to be paid from on time and materials basis, the Contractor will be paid for the equipment and operator, as set forth in Paragraphs a), b) and c) following; a) Payment for the equipment will be made in accordance with the provisions in Paragraph c above; February 2009 00800 -20 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 11 b) Payment for the cost of labor and subsistence or travel allowance will be made at the rates established in Paragraphs SC- 11.01.A.1; and c) To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Section 00700 — I Paragraph 12.01.C. SC 11.01.B.5 — Insert the words ", including lost opportunity costs" between the words "kind" and "and" I in the second line. SC-11.01.D — Add the following to Paragraph 11.01.D: 1 Supporting data shall include but not be limited to daily submissions of timesheets indicating hours and trades worked, equipment and time equipment was employed, and materials expended. i1 SC- 11.03.D — Delete Paragraph 11.03.D in its entirety. SC- 12.01.C.2.c — Add the following to Paragraph 12.01.C.2.c: 0 except, the maximum total allowable cost to Owner shall be the Cost of the Work plus a maximum collective aggregate fee for Contractor and all tiered Subcontractors of 26.8 percent; 1 SC 12.02.B — Add the following to Paragraph 12.0213: AI All requests for time extensions shall be supported by Schedule analysis showing the effect on the entire Project taking into account concurrent Work and the critical path, including float. Partial demonstration of impact on particular operations only will not be acceptable to show the criticality of any event on the Project Schedule as a whole. SC -12.02 — Add the following paragraphs to12.02 immediately following Paragraph 12.02B: C. Use of Float: 1. A claim for an adjustment of Contract Times (or Milestones), otherwise allowable under the Contract Documents, shall be granted only when the time lost or gained exceeds the float for the I activity at the time of the event giving rise to the claim. Float, the amount of time between the early start date and the late start date, or the early finish date and the late finish date, is jointly owned by both Owner and Contractor whether expressly disclosed or implied in any manner. 1 2. Contractor shall not use float suppression techniques (including, but not limited to, preferential sequencing caused by late starts of follow -up trades, unreasonably small crews, extended durations, or imposed dates) in information provided to Engineer. SC 12.03.0 — Add the following after the first sentence of Paragraph 12.03.C: Contract Times may be extended because of delays in the completion of the Work due to abnormal weather conditions provided that the Contractor shall, within 10 days of the beginning of such delay, notify Engineer in writing of the cause of the delay and request an extension of time. Such requests I shall be accompanied with supporting documentation referenced to the NOAA INDEX weather in the Project vicinity. Engineer will make recommendations to Owner to extend the Contract Times for completing the Work when, in Engineer's judgment, the findings of facts and extent of delay justify such an extension. Contractor shall not be entitled to any additional compensation of any kind arising out of or relating to abnormal weather conditions. I February 2009 00800 -21 Durham AWWTF 517 -03 -09 21 Secondary Train One Rehabilitation 1 1 SC- 12.03.E — Add the following paragraph immediately after Paragraph 12.03.E: F. The Contractor shall proceed expeditiously with adequate forces and shall achieve Final Completion within the Contract Time. If the Contractor's performance falls behind schedule, the Contractor shall accelerate the work as required to get back on schedule at no additional cost to the Owner. Accelerated work shall include air or express delivery of materials and equipment, increasing the number of workers, working overtime, working Saturdays, Sundays, and holidays and working additional shifts. The Contractor shall pay the Owner for any extra cost of inspection made necessary by accelerated work required under this provision. SC- 13.03.A — Delete Paragraph 13.03.A in its entirety and replace with the following: A. Contractor shall notify Engineer 48 hours prior to the expected time for operations requiring inspection and laboratory testing services. The Contractor shall cooperate with inspection and testing personnel and furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. SC- 13.03.B — In the first line of Paragraph 13.03.B insert the words, "perform testing and inspections itself or shall" between the words "shall" and "employ ". SC- 13.03.B3 — Change Paragraph "3" to "4" and add the following paragraph: 1 3. retesting required because of non - conformance to the requirements of the Contract Documents; and SC- 13.03.D — Add the following to Paragraph 13.03.D: Tests required by Contract Documents to be performed by Contractor that require test certificates be submitted to Owner or Engineer for acceptance shall be made by an independent testing laboratory or agency licensed or certified in accordance with Laws and Regulations and applicable state and local statutes. In the event state license or certification is not required, testing laboratories or agencies shall meet following applicable requirements: 1. "Recommended Requirements for Independent Laboratory Qualification," published by the American Council of Independent Laboratories. 2. Basic requirements of ASTM E329, "Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction" as applicable. 3. Calibrate testing equipment at reasonable intervals by devices of accuracy traceable to either the National Bureau of Standards or accepted values of natural physical constants. Prior to requesting a certificate of Substantial Completion, and allowing occupancy of facilities, Contractor shall provide an inspection by a state industrial safety representative, an independent safety inspector certified by the state, or a federal or state (OSHA) representative qualified in the construction type being inspected, to determine that the facilities provided are in compliance with the state and federal safety requirements. Signed copies of the inspection reports shall be submitted to the Engineer for Owner's files. Violations or deficiencies noted therein shall be resolved prior to occupancy of the facilities and before final payment will be made. SC -13.03 — Add the following paragraph after Paragraph 13.03.F: February 2009 00800 -22 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 G. Costs of retesting as required in accordance with Paragraph 13.03.B.3 shall be paid by the CONTRACTOR. SC- 14.02.A.1 — In the first sentence, delete the phrase "date established in the Agreement for each progress payment" and replace it with the phrase "first day of each month ". SC-14.02.B.1 — In the first line of Paragraph 14.02.B.1, change the number "10" to the number "15 ". SC-14.02.C.1 — Delete Paragraph 14.02.C.1 in its entirety and replace with the following: 1. Thirty days after presentation of the Application for Payment to Engineer or fifteen days after approval of Application for Payment by Owner, whichever comes first, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due and when due will be paid by Owner to Contractor. The Engineer shall have fifteen days from receipt of Application for Payment to notify Contractor if all or part of the Application for Payment is in dispute. SC- 14.02.D — Modify Paragraph 14.02.D.1 as follows: Modify Paragraph 14.02.D.1.c by removing the "or". Modify Paragraph 14.02.D.1.d by removing the "." and replacing it with `; or ". Add the following paragraph immediately after 14.02.D.1.d: e. OWNER has not received the Certified Payrolls from CONTRACTOR required by Article 11 of the Agreement and must withhold the additional retainage required in Article 11 of the Agreement until. CONTRACTOR submits its Certified Payrolls. Add the following paragraph to Paragraph 14.02.D, and change Paragraphs 14.02.D.2 and 3 to Paragraphs 14.02.D.3 and 4, respectively: 2. Owner may reduce the amount recommended by Engineer and to be paid for the following items: a. Owner compensation to Engineer for labor plus expenses because of the following Contractor- caused events: i. witnessing retesting of corrected or replaced defective Work; ii. return visits to manufacturing facilities to witness factory testing or retesting; iii. submittal review in excess of two reviews by Engineer for substantially the same 1 Submittal; iv. evaluation of proposed substitutions and in making changes to Contract Documents occasioned thereby; or b. liability for liquidated damages incurred by Contractor as set forth in the Agreement. SC- 14.04.A — Add the following to Paragraph 14.04.A: February 2009 00800 -23 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 Substantial Completion is further defined as (i) that degree of completion of the Project's operating P �' facilities or systems sufficient to provide Owner the full time, uninterrupted, and continuous beneficial operation of the Work; and (ii) all required functional, performance and acceptance or startup testing has been successfully demonstrated for all components, devices, equipment, and instrumentation and control to the satisfaction of Engineer in accordance with the requirements of the Specifications; (iii) all inspections required have been completed and identified critical defective Work replaced or corrected; and (iv) all appurtenant operations and maintenance features (e.g., hose bibs, drainage systems, etc.) and safety features (e.g., handrails, motor guards, etc.) have been installed and are functional. SC- 14.04.A — Add the following paragraphs immediately after Paragraph 14.04.A: 1. Conditions precedent to Substantial Completion of the Work and Engineer's issuance of a Certificate of Substantial Completion shall include: a. Conformance with all training services requirements and deliverables. 1 b. Acceptance of all preliminary operation and maintenance manuals by Owner and Engineer. c. Submittal of current record documents to Owner and Engineer. d. Correction of all state, local, and other regulatory agencies defective Work lists. e. Submittals have been received and approved by Engineer including, but not limited to, the following: i. Approved Shop Drawings. ii. Record Drawings and Specifications. 1 iii. Electrical testing and wiring diagrams. iv. Equipment data forms. v. Manufacturer's certificates of proper installation. vi. Factory test reports. vii. Commissioning, testing and start-up reports. 1 SC- 14.04.D — Delete the last sentence of Paragraph 14.04.D. SC-14.07.B.1 — Add the following sentence after the second sentence of Paragraph 14.07.B.1: Such written notice of acceptance of the Work shall constitute Final Completion. SC -15.04 — Contractor May Stop Work or Terminate: Delete paragraph 15.04 in its entirety. SC -16.01 — Delete Paragraph 16.01 in its entirety and replace with the following Paragraphs 16.01 and ty p g 16.02: February 2009 00800 -24 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 16.01 Executive Negotiation A. Within 10 days of the delivery of notice of appeal to Engineer's written decision regarding Claim, dispute or other matter, senior representatives of at least Owner and Contractor, having authority to settle the dispute, and Engineer shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. B. In the event a mutually acceptable decision cannot be reached through executive negotiation within 20 days of the appealing party's notice, or mutually agreeable longer period, or if the party receiving such notice will not meet within 10 days, Owner or Contractor may make a written declaration, delivered to the other party and Engineer, that the executive negotiation is deemed unsuccessful and may initiate further dispute resolution measures in accordance with this Article 16. 16.02 Mediation, Followed by Binding Arbitration: A. All appealed or unsettled claims, disputes or other matters between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof, (except for claims which have been waived by the making or acceptance of fmal payment as provided by paragraph 14.09) shall first be submitted to mediation under the Construction Industry Mediation Rules of the American Arbitration Association then obtaining subject to the limitations of Article 16. The mediator of any claim, dispute or other matter submitted to mediation under this Agreement shall not serve as arbitrator of such claim, dispute, or other matter unless otherwise agreed. 41111 B. Should the mediation be unsuccessful, such claim, dispute or other matter (except for claims w hich have been waived by the making or acceptance of fmal payment as provided by Paragraph 14.09) shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining subject to the limitations of this Article 16. The mediator of any claim, dispute or other matter submitted to mediation under this Agreement shall not serve as arbitrator of such claim, dispute, or other matter unless otherwise agreed. C. This Agreement so to mediate or to arbitrate and any other agreement or consent to mediate or to arbitrate entered into accordance with these Contract Documents will be specifically enforceable under the prevailing law of any court having jurisdiction. D. No demand for mediation or arbitration of any appealed or unsettled claim, dispute or other matter that is required to be referred to Engineer initially for decision in accordance with Paragraph 9.08 will be made later than 10 days after the date the executive negotiation has been declared unsuccessful by Owner or Contractor; and the failure to demand mediation or arbitration within said 10 days' period will result in Engineer's decision being fmal and binding upon Owner and Contractor. If Engineer renders a further decision after mediation or arbitration proceedings have been initiated, such decision that may be entered as evidence but will not supersede the proceedings, except where the decision is acceptable to the parties concerned. Time deadlines specified above apply to both mediation (after the executive negotiation has been declared unsuccessful by Owner or Contractor) and arbitration (after the mediation process has been declared unsuccessful by Owner or Contractor). E. Notice of the demand for mediation or arbitration will be filed in writing with the other parry to the Agreement and with the American Arbitration Association, and a copy will be sent to Engineer for information. The demand for mediation or arbitration will be made within the 10 day periods specified in Paragraph 16.02.D as applicable, and in all other cases within a reasonable time after the unsettled claim, dispute or other matter has arisen, and in no event shall any such demand be made February 2009 00800 -25 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 after the date when institution of legal or equitable proceedings based on such unsettled claim, dispute g q P g p or other matter would be barred by the applicable statute of limitations. F. Except as provided in Paragraphs 16.02.G and 11 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity who is not a party to the Contract unless: 1 1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitrations, and 2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 3. the written consent of the other person or entity sought to be included and the Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any appealed or unsettled claim, dispute or other matter not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 1 G. Notwithstanding Paragraph 16.02.F, if an appealed or unsettled claim, dispute or other matter between Owner and Contractor involves any allegations relating to the design, Owner may join Engineer as a party to the mediation or arbitration between Owner and Contractor hereunder. H. Notwithstanding Paragraph 16.02.F, if an appealed or unsettled claim, dispute or other matter between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor • ;. may join such Subcontractor as a party to the mediation or arbitration between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by Paragraph 6.06.G of the General Conditions a specific provision whereby the Subcontractor consents to being joined in mediation or arbitration between Owner and Contractor involving the Work of such Subcontractor. Nothing in this Paragraph 16.02.H nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer or Engineer's Consultants that does not otherwise exist. I. The results of successful mediation will be implemented by a Change Order. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal. SC- ARTICLE 17 — Add the following paragraphs to ARTICLE 17 — MISCELLANEOUS: 1 17.07 Attorney Fees A. At the conclusion of the mediation process specified herein, the Contractor will, as a condition of taking any further action with respect to any claim, be required to certify that the amount of the claim is its best good faith estimate of the amount due ( "Certified Claim "). Owner will certify its final offer of settlement ( "Final Offer "). In the event Contractor pursues the claim, Contractor will be entitled, in addition to whatever recovery it has on the claim, to be reimbursed its reasonable attorney's fees incurred in the same proportion it was successful based on the difference between its Certified Claim compared to the Owner's Final Offer. Conversely, Owner will be entitled to be reimbursed its reasonable attorney's fees incurred in proportion to the amount that Contractor was unsuccessful based on the difference between its Certified Claim compared to the Owner's Final Offer. For example, if Contractor recovers 40% of the difference between its Certified Claim and the February 2009 00800 -26 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I I amount of the Owner's Final Offer, Contractor would be entitled to recover 40% of its reasonable attorney's fees incurred in the prosecuting the claim and the Owner would be entitled to recover 60% I of its reasonable attorney's fees incurred in defending the claim. On the other hand, if the Contractor recovers 60% of the difference between its Certified Claim and the amount of the Owner's Final Offer, Contractor would be entitled to recover 60% of its reasonable attorney's fees in prosecuting the claim and the Owner would be entitled to recover 40% of its reasonable attorney's fess incurred in defending the claim. The Certified Claim and the Final Offer will be admissible in any dispute resolution proceeding. 17.08 Right To Audit 1 A. If the Contractor submits a claim to the Owner for additional compensation, the Owner shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the Contractor's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting I procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the Contractor's plant, or such parts I thereof, as may be or have been engaged in the performance of the Work. The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the Owner deems desirable during the Contractor's normal business hours at the office of the Contractor. The Contractor shall make available to the Owner for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the Owner. END OF SECTION 1 1 1 1 1 1 '11 I February 2009 00800 -27 Durham AWWTF 517-03-09-21 Secondary Train One Rehabilitation EXHIBIT A CONTRACT CHANGE ORDER NO: TO CONTRACTOR: 1 PROJECT: DURHAM AWWTF SECONDARY TRAIN ONE PROJECT NO. 6391 REHABILITATION OWNER: CLEAN WATER SERVICES ENGINEER: The follo »ring change(s) to the Contract are hereby ordered (use additional pages if required): Attachments (List Supporting Documents): Changes to Contract Amount and Contract Times: The stipulated compensation (Contract Price or Contract Times, or both) set forth in this Change Order includes payment for (i) the Cost of the Work covered by the Change Order, (ii) CONTRACTOR's fee for overhead and profit, (iii) interruption of progress schedules, (iv) delay and impact, including cumulative impact, on other Work under the Contract Documents, and (v) extended overheads. This Change Order constitutes full mutual accord and satisfaction for the change to the Work. No reservation of rights to pursue subsequent claims on the Change Order will be made by either party. No subsequent claim or amendment of the Contract Documents will arise out of or as a result of this Change Order. In executing this Change Order, Contractor agrees to defend and indemnify Owner and Engineer and their officers, agents, and employees from any and all claims of any kind by any subcontractor or supplier of any tier based upon the subject matter of any claim released hereunder by Contractor. Except as otherwise provided in this Change Order, the Contract, as amended, between Owner and Contractor, remains in full force and effect. Contract Amount Contract Times (Calculate Days) Original Amount: Original Duration: Days 1 Previous Contract Change Orders: Previous Contract Change Orders: Days This Contract Change Order: This Contract Change Order: Days 1 Revised Contract Amount: Revised Contract Time: Days The Revised Contract Completion Date is: 20 1 This Change Order is Issued in Accordance with Paragraph SC — 10.01.A of the Supplementary Conditions Owner Contractor Engineer Recommendation 1 By: By: By: 1 Date: Date: Date: r 1 1 OREGON PREVAILING WAGE RATES • • • 1 1 The minimum revailin wage rates contained in the publication January 1, 2009 Prevailing g g P rY � g Wage Rates for Public Works Contracts in Oregon effective January 1, 2009, including all applicable amendments (see links at http://www.oregon.gov/BOLI/WHD/PWRJpwr_state.shtml), available at http: / /www.oregon.gov /BOLI and are hereby incorporated herein as of the date these Bidding Documents were first advertised. 1 1 1 1 1 1 1 1 February 2009 00810 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANKINTENTIONALL17 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1 The WORK covered under this Contract will be performed at the site of the Clean Water Services' Durham Advanced Wastewater Treatment Facility, 16580 SW 85 Avenue, Tigard, 1 Oregon 97224. PART 2 - DESCRIPTION OF OWNER'S PROJECT 1 The provision of labor, materials, equipment, and appurtenances for the following work in Aeration Basin 1: modify the existing concrete baffle wall between cells 4 and 5 and remove the gates and fill the channel between cells 4/5 and 7 with concrete. The Project also includes recoating the sludge collection mechanisms in Primary Clarifier No. 1 and Secondary Clarifier No. 1. The WORK is a public works project subject to ORS 279C.800 to 279C.870. Along with any subcontractors performing WORK, Contractor shall pay Workers in each trade or occupation required for the WORK not less than the applicable Oregon prevailing rate of wage in accordance with ORS 279C.838 and 279C.840. The applicable Oregon prevailing wage rates for such workers are contained in Section 00810. Contractor shall also include in every subcontract a provision requiring the subcontractor to comply with this provision. Contractor shall have a public works bond filed with the Construction Contractors Board unless 1 exempt under 279C.836(4), 279C.836(7), 279C.836(8) or 279C.836(9). Contractor shall also include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project unless exempt 1 under 279C.836(4), 279C.836(7), 279C.836(8) or 279C.836(9). 1 END OF SECTION 1 1 1 1 February 2009 01010 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANKINTENTIONALL19 1 3 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01014 WORK SEQUENCE AND SCHEDULE CONSTRAINTS PART 1 - CONTINUITY OF PLANT OPERATIONS A. GENERAL The Durham Advanced Wastewater Treatment Facility ( AWWTF) continuously receives and treats sewage, and this function shall not be interrupted except as specified herein. The CONTRACTOR shall coordinate the work to avoid any interference with normal operation of AWWTF equipment and processes. B. PERMIT VIOLATIONS The Durham AWWTF must continuously be in compliance with its National Pollutant Discharge Elimination System (NPDES) permit requirements. In the event permit violations are caused or, in the OWNER's opinion, will be caused by the CONTRACTOR's operations, the OWNER shall immediately be entitled to employ others to stop the violations without giving written notice to the CONTRACTOR. Penalties imposed on and costs incurred by the OWNER as a result of any violations caused by the actions of the CONTRACTOR, his employees, or subcontractors, shall be borne in full by the CONTRACTOR, including legal fees and other expenses to the OWNER resulting directly or indirectly from the violation. Under the terms of discharge permits issued to the OWNER, the OWNER is liable for the following penalties: NPDES Permit No. 101141 $ 10,000 per day for each violation C. ACCESS Normal working hours at the AWWTF are 7:00 a.m. to 4:00 p.m. Monday through Friday. The CONTRACTOR shall have access to Aeration Basin 2 during these hours except as listed herein or unless otherwise arranged with and approved by the OWNER. CONTRACTOR shall not shutdown any power without receiving prior approval from OWNER. CONTRACTOR shall observe and comply with all loading limits for structures and roadways posted at the site. Specific areas of concern include the aeration basin tunnel, RAS pump station roof, Electric Substation roof, and as noted on the drawings. PART 2 - WORK SEQUENCE A. Work shall be erformed to ensure that the AWWTF is continuously operational. However, P Y p it will be necessary to take Primary Clarifier 1, Aeration Basin 1, and Secondary Clarifier 1 and associated channels (collectively called Train 1) out of service, and drain the aeration basin and clarifier and associated channels. The treatment capacity of the AWWTF is significantly reduced when any portion of Train 1 is out of service. Therefore, Aeration Basin 1 can be taken out of February 2009 01014 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 service only during periods beginning durin limited eriods be innin March 24, 2009. OWNER will take Aeration Basin 1 out of service only as described in this section. Primary Clarifier No. 1 and Secondary Clarifier No. 1 can be taken out of service after March 24, 2008. 1 In order to ensure continued permit compliance, target dates for completion of the major aspects of the work have been developed: 1 Milestone Target Duration, Calendar Days Work requiring channels and Cells 1 -7 of 45 Aeration Basin 1 to be out of service Work requiring Primary Clarifier No. 1 to be 45 1, out of service Work requiring Secondary Clarifier No. 1 to be 45 1 out of service The OWNER anticipates that this work will be completed within this target duration. However, 1 the OWNER may elect to postpone the work up to one month. If OWNER elects to postpone the work, there will not be a corresponding change to project duration. The OWNER will give CONTRACTOR a minimum of one -week notice if the OWNER elects to postpone the work. B. CONTRACTOR to comply with Specification Section 13400 Electrical and Instrumentation meeting and submittal schedule requirements. C. CONTRACTOR shall submit proposed work sequence to OWNER within 1 week of issuance of Notice to Proceed. The proposed work sequence shall be prepared using the critical path method and shall depict a detailed sequence of tasks and required shutdowns. The dependencies between activities shall be indicated so that it may be established what effect the progress of any one activity has on the schedule. The critical path shall be shown. Completion time shall be shown on the schedule. Two copies of the schedule shall be provided. The work sequence submittal shall detail the proposed types, weights, and locations of vehicles and 1 equipment used to lift the materials and equipment necessary for this project. CONTRACTOR should expect to dispose of up to 20 cubic yards of debris from the basins. Debris 1 may be disposed of in OWNER's dumpster located in the Headworks. 1 1 1 1 February 2009 01014 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 PART 3 - SCHEDULE CONSTRAINTS The schedule constraints are listed in the above work sequence and are summarized below. Target Date and /or 1 Duration in Calendar Milestone Da s I Work requiring channels and Cells 1 -7 of Aeration Basin 1 to be 45 out of service I Work requiring Primary Clarifier No. 1 to be out of service 45 Work requiring Secondary Clarifier No. 1 to be out of service 45 I Substantial Completion 45 1 ' Final Completion 60 A failure to comply with the duration requirements of any of the above milestones, or the substantial completion or final completion dates shall result in the assessment of liquidated damages in accordance with the Agreement. 1 1 END OF SECTION 1 1 1 1 1 I 1 February 2009 01014 -3 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANK INTENTIONALL 19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 SECTION 01060 SAFETY AND HEALTH i PART 1- GENERAL 1 The CONTRACTOR assumes full responsibility for safety for all work related to the Contract Documents. Portions of the existing plant are exposed to wastewaters of varying 1 degrees of treatment. By submitting a bid, the CONTRACTOR shall be experienced and qualified to anticipate and meet the safety and health requirements of this project. I Workers involved in the removal, renovation, or installation of equipment within the treatment plant may be exposed to disease - producing organisms in wastewater. The CONTRACTOR shall require his personnel to observe proper hygienic precautions. Solvents, gasoline, and other hazardous materials enter the plant with incoming sewage, and, therefore, certain areas are hazardous to open flame, sparks, or unventilated occupancy. The I CONTRACTOR shall take measures to assure his personnel observe proper safety precautions when working in these areas. i i PART 2 - SAFETY AND HEALTH REGULATIONS The CONTRACTOR shall comply with Safety and Health Regulations for Construction, promulgated by the Secretary of Labor under Section 107 of the Contract Work Hours and Safety Standards Act, as set forth in Title 29, C.F.R. Copies of these regulations may be obtained from Labor Building, 14th and Constitution Avenue N.W., Washington, DC 20013. I The CONTRACTOR shall also comply with the provisions of the Federal Occupational Safety and Health Act, as amended. I Additional safety regulations are listed in Section 00800. PART 3 - CONSTRUCTION SAFETY PLAN A. CONTRACTOR shall prepare a construction safety plan, which details the methods and procedures to comply with State, Federal, and local health and safety laws, rules and requirements for the duration of the Contract Time. The plan shall include the following at a minimum: 1. Procedures for providing workers with an awareness of safety and health hazards expected to be encountered in the course of construction. 1 2. Safety equipment appropriate to the safety and health hazards expected to be encountered during construction. Include warning devices, barricades, safety equipment in public right -of -way and protected areas, and safety equipment used in multi -level structures. 3. Methods for minimizing employees' exposure to safety and health hazards expected during construction. I February 2009 01060 -1 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 4. Procedures for g re ortin safety or health hazards. p tY 5. Procedures to correct and follow -up on a recognized safety and health hazard. 6. Procedures for investigation of accidents, injuries, illnesses and unusual events that have occurred at the construction site. 7. Periodic and scheduled inspections of general work areas and specific workstations. 1 8. Training for employees and workers at the job site, including at a minimum: a. General Safety Rules, including reporting of Unsafe Conditions b. Hazard Communication & chemical safety c. Lockout - Tagout 1 d. Electrical Safety e. Evacuation Routes, Alarms & Procedures f. Hot Work Program g. Confined Space Program h. Process Safety Management i. Personal Protective Equipment 9. Methods of communication of safe working conditions, work practices and required personal protection equipment. B. CONTRACTOR shall assume responsibility for every aspect of Health and Safety on the job site, including the health and safety of Subcontractors, suppliers, and other persons on the job site. C. CONTRACTOR shall transmit to OWNER copies of reports and other documents related to accidents or injuries encountered during construction. D. To ensure the safety of CONTRACTOR and employees, facilities and equipment, the I CONTRACTOR shall conduct comprehensive pre -work safety review conference with employees for all CONTRACTOR work that involves: I 1. Construction 2. Renovation 1 3. Equipment installation & repair 4. Utility modifications 5. Electrical work 6. Work at elevated locations 7. Confined space entry 8. Use of toxic substances 9. Hot work or welding 1 1 February 2009 01060 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I As a minimum, the safety review participants will consist of a CONTRACTOR safety p p t}' representative. All task specific safety concerns shall be addressed and resolved prior to commencement of work by the CONTRACTOR. E. The CONTRACTOR shall also provide to the Construction Manger a listing of all hazardous chemicals with applicable Material Safety Data Sheets that will be used on the job site. F. Work within the aeration basins and channel will involve permit - required confined space entry. Entry is allowed only through a permitted space program developed by the CONTRACTOR that meets the requirements of OAR 437 -2 /J (29 CFR 1910.146). G. CONTRACTOR may encounter slip, fall, and engulfment hazards. OWNER will provide information regarding precautions and protective measures established within the plant prior to CONTRACTOR commencing work. CONTRACTOR shall inform I OWNER of the employee protection procedures that will be used, shall utilize employees trained in safe practices, and shall instruct employees as to the specific potential hazards of this project. CONTRACTOR shall maintain records as to training I and enforcement procedures that assure that safe practices are followed. H. CONTRACTOR shall be responsible for providing all necessary safety equipment. 0 END OF SECTION 1 1 1 1 I 1 1 February 2009 01060 -3 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANK INTENTIONALL I9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01300 SUBMITTALS PART 1- GENERAL 1 Submittals covered by these requirements include manufacturers' information, shop drawings, test procedures, test results, samples, requests for substitutions, and miscellaneous work - related submittals. Submittals shall also include, but not be limited to, all mechanical, electrical and electronic equipment and systems, materials, reinforcing steel, fabricated items, and piping and conduit details. The CONTRACTOR shall furnish all drawings, specifications, descriptive data, certificates, samples, tests, methods, schedules, and manufacturer's installation and other instructions as specifically required in the contract documents to demonstrate fully that the materials and equipment to be furnished and the methods of work comply with the provisions and intent of the 1 contract documents. The OWNER'S cost of review of submittals for the same proposed materials, equipment or 1 work shall be apportioned as follows: (1) the cost of review of the initial submittal and the first revised submittal shall be bome by the OWNER; and (2) the cost of all additional revised submittals shall be charged to the CONTRACTOR. The cost of review shall include, without limitation, 1 administrative, design and engineering activities directly related to review of submittals. If a submittal requires further engineering or re- design efforts on the part of the OWNER, the cost of such efforts shall be charged to the CONTRACTOR; provided, the CONTRACTOR shall not be charged for such efforts if implementation of the submittal results in savings to the OWNER greater than the cost of such efforts. PART 2 - CONTRACTOR'S RESPONSIBILITIES The CONTRACTOR shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of work shall be as described in the submittal. The CONTRACTOR shall verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment, which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated. The CONTRACTOR shall ensure that there is no conflict with other submittals and notify the ENGINEER in each case where his submittal may affect the work of another CONTRACTOR or the OWNER. The CONTRACTOR shall coordinate submittals among his subcontractors and suppliers including those submittals complying with unit responsibility requirements specified in applicable technical sections. 1 The CONTRACTOR shall coordinate submittals with the work so that work will not be delayed. He shall coordinate and schedule different categories of submittals, so that one will not be delayed for lack of coordination with another. No extension of time will be allowed because of failure to properly schedule submittals. The CONTRACTOR shall not proceed with work related to a submittal until the submittal process is complete. This requires that submittals for review and comment shall be returned to the CONTRACTOR stamped "No Exceptions Taken" or "Make February 2009 01300 - Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 Corrections Noted." 1 The CONTRACTOR shall certify on each submittal document that he has reviewed the submittal, verified field conditions, and complied with the contract documents. The CONTRACTOR may authorize in writing a material or equipment supplier to deal directly with the ENGINEER or with the OWNER with regard to a submittal. These dealings shall be limited to contract interpretations to clarify and expedite the work. PART 3 - CATEGORIES OF SUBMITTALS A. General 1 Submittals fall into two general categories; submittals for review and comment, and submittals, which are primarily for information only. B. Submittals for Review and Comment All submittals except where specified to be submitted as product data for information only shall be submitted by the CONTRACTOR to the ENGINEER for review and comment. 1 PART 4 - TRANSMITTAL PROCEDURE 1 A. General Unless otherwise specified, submittals regarding material and equipment shall be accompa- 1 nied by Transmittal Form 01999 -5 specified in Section 01999. Submittals for operation and maintenance manuals, information and data shall be accompanied by Transmittal Form 01999 -6 specified in Section 01999. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. 1 A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX "; where "XXX" is the sequential number assigned by the CONTRACTOR. Resubmittals shall have the following format: "XXX -Y "; where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals, i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively. Submittal 25B, for example, is the second resubmittal of submittal 25. B. Deviation from Contract If the CONTRACTOR proposes to provide material, equipment, or method of work, which 1 February 2009 01300 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 deviates from the project manual, he shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. C. Submittal Completeness 1 Submittals which do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. PART 5 - REVIEW PROCEDURE A. General Submittals are specified for those features and characteristics of materials, equipment, and methods of operation which can be selected based on the CONTRACTOR's judgment of their conformance to the specified requirements. Other features and characteristics are specified in a manner which enables the CONTRACTOR to determine acceptable options without submittals. The 1 review procedure is based on the CONTRACTOR's guarantee that all features and characteristics not requiring submittals conform as specified. Review shall not extend to means, methods, techniques, sequences or procedures of construction, or to verifying quantities, dimensions, weights or gages, or fabrication processes (except where specifically indicated or required by the project manual) or to safety precautions or programs incident thereto. Review of a separate item, as such, will not indicate approval of the assembly in which the item functions. When the contract documents require a submittal, the CONTRACTOR shall submit the specified information as follows: 1. 4 copies of all submitted information plus one reproducible original of all information shall be transmitted with submittals for review and comment. 1 2. Unless otherwise specified, 3 copies of all submitted information shall be transmitted with submittals (product data) for information only. B. Submittals for Review and Content Unless otherwise specified, within 15 calendar days after receipt of a submittal for review and comment, the ENGINEER shall review the submittal and return 2 copies of the marked -up reproducible original noted in 1 above. The reproducible original will be retained by the ENGINEER. The returned submittal shall indicate one of the following actions: 1. If the review indicates that the material, equipment or work method complies with the project manual, submittal copies will be marked "NO EXCEPTIONS TAKEN." In this event, the CONTRACTOR may begin to implement the work method or incorporate the material or equipment covered by the submittal. 2. If the review indicates limited corrections are required, copies will be marked "MAKE CORRECTIONS NOTED." The CONTRACTOR may begin implementing the work method or incorporating the material and equipment February 2009 01300 -3 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in O &M data, a corrected copy shall be provided. 3. If the review reveals that the submittal is insufficient or contains incorrect data, copies will be marked "AMEND AND RESUBMIT." Except at his own risk, the CONTRACTOR shall not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." 4. If the review indicates that the material, equipment, or work method does not comply with the project manual, copies of the submittal will be marked "REJECTED - SEE REMARKS." Submittals with deviations which have not been identified clearly may be rejected. Except at his own risk, the CONTRACTOR shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." PART 6 - EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS Review of contract drawings, methods of work, or information regarding materials or equipment the CONTRACTOR proposes to provide, shall not relieve the CONTRACTOR of his responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the ENGINEER or the OWNER, or by any officer or employee thereof, and the CONTRACTOR shall have no claim under the contract on account of the failure, or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean that the OWNER has no objection to the CONTRACTOR, upon his own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. END OF SECTION 1 1 1 February 2009 01300 -4 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 SECTION 01500 CONTRACTOR'S FACILITIES AND UTILITIES PART 1- GENERAL 1.01 STAGING AREA A. Before starting the work, the CONTRACTOR shall submit to the OWNER a proposed plan and layout for all temporary offices, sanitary facilities, storage areas, temporary water service and distribution, and temporary power service and distribution. B. Staging shall be subject to the following restrictions: 1. On -site job trailers shall be located within the staging area shown on the drawings. 2. All privately owned vehicles shall be parked in areas designated by the OWNER and shall not interfere with construction or OWNER's operation of facilities. 3. Only materials and equipment related to construction shall be located on site. 1.02 NOT USED 1.03 WATER The CONTRACTOR may temporarily connect into the OWNER's non - potable water system. The water is not suitable for drinking. CONTRACTOR shall use the water in a non- wasteful manner. CONTRACTOR shall be responsible for the cost of connecting into the water system and disconnecting from the system upon completion of work. OWNER shall not charge CONTRACTOR for use of water. 1.04 POWER The CONTRACTOR may temporarily connect into OWNER's electrical power system 120V service is available. CONTRACTOR shall use electrical power in a non - wasteful manner. CONTRACTOR shall be responsible for the cost of connecting into OWNER's electrical power system and for the cost of disconnecting from the system upon completion of the work. OWNER shall continue to pay power bill and shall not charge CONTRACTOR for use of power. 1.05 TELEPHONE The CONTRACTOR shall provide cellular telephone service at the construction site. The CONTRACTOR shall not be permitted to use the OWNER's telephone service. February 2009 01500 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1.06 SANITARY FACILITIES 1 Toilet Facilities: The CONTRACTOR may use the OWNER's existing restroom on the 1 first floor of the Liquids Control Building. CONTRACTOR shall clean this facility on a weekly basis and return to the original condition upon project completion. 1 END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 1 1 February 2009 01500 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I SECTION 01505 • I MOBILIZATION AND DEMOBILIZATION PART 1- GENERAL I 1.01 MOBILIZATION 1 Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the site; for the establishment of all facilities necessary for work on the project; and for all other I work and operations which must be performed, or costs incurred prior to beginning work, on the various items on the project site. I Mobilization shall also include the construction of temporary ramps and access ways, temporary fencing, and the necessary preparatory work required to allow for the safe and stable movement of all vehicles that are required to construct the improvements as shown. I 1.02 DEMOBILIZATION Demobilization shall consist of work and operations necessary to disband all mobilized items and clean up the site. The removal of all temporary ramps, access ways, signs, temporary fencing, and temporary facilities or works on the restoration of surfaces to an equal or better than existing condition shall also be included as part of demobilization. END OF SECTION 1 I 1 1 1 I 1 February 2009 01505 -1 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANKINTENTIONALL19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01560 I ENVIRONMENTAL CONTROLS PART 1— GENERAL I 1.01 SITE MAINTENANCE 1 The CONTRACTOR shall keep the work site, staging areas, and CONTRACTOR'S facilities clean and free from rubbish and debris. The CONTRACTOR's staging area is noted on the drawings. Materials and equipment shall be removed from the site when they are no longer I necessary. Equipment removed as part of demolition shall not be stored on site. Upon completion of the work and before final acceptance, the work site shall be cleared of equipment, I unused materials, and rubbish to present a clean and neat appearance. A. CLEAN -UP 1 1. Waste material of any kind will not be permitted to remain on the site of the work or on adjacent streets. Immediately upon such materials becoming unfit for use in the work, they shall be collected, carried off the site, and I properly and legally disposed of by the CONTRACTOR. 2. The CONTRACTOR shall provide cleanup facilities for CONTRACTOR'S employees and keep these areas clear of all refuse, rubbish, and debris that '' may accumulate from any source and shall keep them in a neat condition to the satisfaction of the OWNER. 3. In the event that waste material, refuse, debris, and/or rubbish are not so removed from the work by the CONTRACTOR, the OWNER reserves the right to have the waste material, refuse, debris and/or rubbish removed and 1 the expense of the removal and disposal charged to the CONTRACTOR. 4. Paints, solvents, and other construction materials shall be handled with care to prevent entry of contaminants into sewers, storm drains, surface waters, or soils. 1 1.02 AIR POLLUTION CONTROL The CONTRACTOR shall not discharge smoke, dust, and other contaminants into the I atmosphere that violate the air pollution regulations for the area. Internal combustion engines shall not be allowed to idle for prolonged periods of time. The CONTRACTOR shall maintain construction vehicles and equipment in good repair. Exhaust emissions that are determined to be 1 excessive by the ENGINEER shall be repaired or replaced. 1.03 NOISE CONTROL 1 A. The CONTRACTOR shall comply with all local controls and noise level rules, regulations, and ordinances, which apply to any work performed pursuant to the 1 February 2009 01560 -1 Durham AWWTF I 517- 03 -09 -21 Secondary Train One Rehabilitation 1 Contract. If the requirements of this Section are more restrictive than those of the local regulations, the requirements of this Section shall govern. B. Each internal combustion engine, used for any purpose related to this Contract, shall be enclosed and be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler and enclosure. 1.04 TRACK OUT 1 The CONTRACTOR shall not drive or move any vehicle or equipment which tracks dirt, mud, or debris upon the surface of any street, sidewalk, parking area, or other paved surfaces. 1 Any mud, dirt, or debris that is placed or tracked onto paved surfaces shall be removed and the area swept by the end of the same workday. 1.05 HAZARDOUS WASTE DISPOSAL It is the goal of the OWNER to maintain the category "Conditionally Exempt, Small 1 Quantity Generator," regarding generation of Hazardous Waste. Pounds of waste generated by CONTRACTOR during construction activities are to be charged against the CONTRACTOR's EPA ID number and not against the local site EPA ID. This will require CONTRACTOR to remove materials, which meet Oregon's definition of Hazardous Waste, from OWNER's property as frequently as practical. Removal shall be done before consolidation, manifesting, or shipping of the waste, preferably by each workday's end. Recycling or proper disposal of such waste is to be the responsibility of the CONTRACTOR or its agent. 1 END OF SECTION 1 1 1 1 1 1 1 February 2009 01560 -2 Durham AWWTF 517- 03 -09 -21 Secondary Tram One Rehabilitation I SECTION 01605 SHIPMENT, PROTECTION AND STORAGE PART 1- GENERAL Equipment, products and materials shall be shipped, handled, stored, and installed in ways, which will prevent damage to the items. Damaged items will not be permitted as part of the work except in cases of minor damage that have been satisfactorily repaired and are acceptable to the OWNER. The CONTRACTOR shall make arrangement to have shipments delivered to staging area. The OWNER will not accept shipments. PART 2 - PIPE Pipe, valves, fittings, and appurtenances shall be handled, stored, and installed as recommended by the manufacturer. Pipes with paint, tape coatings, linings or the like shall be stored to protect the coating or lining from physical damage or other deterioration. Pipes shipped with interior bracing shall have the bracing removed only when recommended by the pipe manufacturer. PART 3 - EQUIPMENT a A. PACKAGE AND MARKING All equipment shall be protected against damage from moisture, dust, handling, or other cause during transport from manufacturer's premises to site. Each item or package shall be marked with the number unique to the specification reference covering the item. Stiffeners shall be used where necessary to maintain shapes and to give rigidity. Parts of equipment shall be delivered in assembled or subassembled units where possible. B. IDENTIFICATION Each item of equipment and valve shall have permanently affixed to it a label or tag with its equipment or valve number designated in this contract. Marker shall be of stainless steel. Location of label will be easily visible. Tags shall be as specified in Section 11000. C. SHIPPING Bearing housings, vents and other types of openings shall be wrapped or otherwise sealed to prevent contamination by grit and dirt. Damage shall be corrected to conform to the requirements of the contract before the assembly is incorporated into the work. The CONTRACTOR shall bear the costs arising out of dismantling, inspection, repair and reassembly. February 2009 01605 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation D. STORAGE During the interval between the delivery of equipment to the site and installation, all equipment, unless otherwise specified, shall be stored in an enclosed space affording protection from weather, dust and mechanical damage and providing favorable temperature, humidity and ventilation conditions to ensure against equipment deterioration. Manufacturer's recommendations shall be adhered to in addition to these requirements. Equipment and materials to be located outdoors may be stored outdoors if protected against 1 moisture condensation. Equipment shall be stored at least 6 inches above ground. Temporary power shall be provided to energize space heaters or other heat sources for control of moisture condensation. Space heaters or other heat sources shall be energized without disturbing the sealed ' enclosure. E. PROTECTION OF EQUIPMENT AFTER INSTALLATION I After installation, all equipment shall be protected from damage from, including but not limited to, dust, abrasive particles, debris and dirt generated by the placement, chipping, I sandblasting, cutting, finishing and grinding of new or existing concrete, terrazzo and metal; and from the fumes, particulate matter, and splatter from welding, brazing and painting of new or existing piping and equipment. As a minimum, vacuum cleaning, blowers with filter, protective shielding, and other dust suppression methods will be required at all times to adequately protect all equipment. During concreting, including finishing, all equipment that may be affected by cement dust must be completely covered. END OF SECTION I I I 1 I February 2009 01605 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation SECTION 01650 COMMISSIONING AND FACILITY STARTUP PART 1— GENERAL 1.01 Description A. SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, and incidentals necessary to commission all systems and equipment provided by OWNER and CONTRACTOR to verify performance, function, and correct operation by performing procedures to activate, startup, adjust, and test the systems and equipment provided as part of this project. Commissioning shall demonstrate that the work is in operating order in accordance with the general requirements of this specification section and the detailed requirements of the technical specification sections for the system or equipment specified. 1.02 SUBMITTALS CONTRACTOR shall submit the following in accordance with Section 01300 Submittals: A. A detailed, written plan for the startup and initial operation, under actual operating conditions, of the equipment and systems installed and constructed under this contract. This document, after acceptance by the ENGINEER, shall serve as the guidance manual for the commissioning process. B. Copies of all test reports upon completion of the individual tests. C. Affidavits 1.03 MANUFACTURER'S FIELD SERVICE AND AFFIDAVITS A. FIELD SERVICE Where specified that the manufacturer of equipment shall provide field service, the service shall be provided by an authorized factory trained and qualified manufacturer's representative for the specific equipment. Equipment shall not be considered ready for full time operation until after the manufacturer's representative has checked and adjusted the equipment, and certified by written affidavit that the equipment has been properly installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation. B. AFFIDAVITS Acceptable affidavits shall be submitted prior to completion of the work. Affidavits shall contain the following specific wording: 1 February 2009 01650 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 "The Name of Equipment has been properly installed, tested, adjusted, lubricated, and I calibrated, and is ready for full time operation. The installation has been inspected and has been found to be in conformance with our (the manufacturer's) standards and requirements." 1 No amplification, dilution, or modification of this specific wording will be permitted. PART 2 — NOT USED I PART 3 — EXECUTION 1 3.01 INITIAL STARTUP AND OPERATION OF FACILITIES The following listing is a general sequence of startup activity steps to be used in placing 1 facility systems in operation: Step 1. Perform initial lubrication of equipment and have manufacturers check and adjust equipment. Provide all subsequent lubrication and maintenance, and such staff as required for test operation until the OWNER assumes equipment maintenance responsibility. Step 2. Perform satisfactory testing of electrical work required prior to energizing the electrical system. See Division 16. Step 3. Test - operate equipment by manually initiating operation. Where manual operation bypasses alarm or safety monitoring, provide continuous supervision of such parameters. Step 4. Complete instrumentation calibration. See Section 13400. I Step 5. Complete Operation Readiness Testing (ORT 1). See Section 13400. Step 6. Complete the performance testing when specified for equipment in the individual equipment specification sections. 1 Step 7. Repeat Steps 1 through 6 as required for other equipment items and systems. It may be necessary for the CONTRACTOR to put portions of the newly constructed facility in service before construction of other portions of the facility or completing the Work as a whole. Step 8. Upon completion of all the above steps, initiate the operation testing and 1 commissioning period. For the operational testing and commissioning, the new equipment shall be activated to automatically run for 10 days. During this 10 -day period, the OWNER will run the different combinations of the equipment control options. If equipment failure occurs during the 10 days of operational testing, the CONTRACTOR shall repair or replace the defective equipment and shall begin another 10 -day operational test. This shall be continued until the new equipment functions acceptably for 10 consecutive days. Step 9. After successful completion of testing, completion of required training, commissioning, and receipt of final O &M manuals, the OWNER will take 1 February 2009 01650 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I 1 over maintenance duties as well as operation and will begin to provide and pay for operation and maintenance costs. 1 Step 10. Complete all documentation of tests for record submittal prior to final acceptance. 1 OWNER shall not accept system and take over maintenance responsibilities until all of the above steps are successfully completed and final approved operation and maintenance manuals are received in accordance with Section 01730. END OF SECTION 1 1 1 r1 1 1 1 1 1 1 1 1 February 2009 01650 -3 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANK INTENTIONALL I) 1 1 1 1 1 1 1 it 1 1 1 1 1 1 1 1 1 1 SECTION 01700 I RESTORATION OF IMPROVEMENTS PART 1 - STRUCTURES I CONTRACTOR shall take all precautions necessary to protect the integrity and usefulness of all existing facilities. If necessary, the CONTRACTOR may, with the approval of I the OWNER, remove existing structures, including curbs, gutters, pipelines, and utility poles, necessary for the performance of the work and shall rebuild or replace the structures in as good a condition as found. CONTRACTOR shall also repair existing structures, which may be damaged I as a result of the work under this contract. PART 2 - ROADS AND STREETS I Roads, curbs, and streets in which the surface is removed, broken, or damaged, or in which the ground has caved or settled during the work under this contract, shall be brought to I original grade and section and resurfaced. Before resurfacing material is placed, edges of pavements shall be sawcut back far enough to provide clean solid vertical faces, and shall be free I of loose material. Rough cuts shall not be allowed. PART 3 - CULTIVATED AREAS AND OTHER SURFACE IMPROVEMENTS 11 Cultivated or planted areas and other surface improvements, which are damaged by CO shall be restored to their original condition. Existing guard posts, barricades, and fences, which are damaged, shall be repaired. I PART 4 - PROTECTION OF EXISTING INSTALLATIONS 1 CONTRACTOR shall immediately repair or replace all existing equipment, controls, structures, or facilities, which are damaged as part of his operations. 1 CONTRACTOR shall take all measures necessary to ensure that construction debris and materials are kept out of the wastewater system. END OF SECTION 1 1 1 1 February 2009 01700 -1 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 I (THIS PAGE LEFT BLANKINTENTIONALL19 1 1 1 1 1 1 1 a 1 1 1 1 1 1 1 1 1 1 SECTION 01720 RECORD DRAWINGS CONTRACTOR shall maintain a legibly marked -up set of contract documents showing the final location of piping, equipment, electrical conduits, and cables. In addition, CONTRACTOR shall keep a copy of all electrical, instrumentation, and shop drawings. Marking of the contract documents shall be performed using colored pencils as follows: Additions Red Deletions Green Comments Blue Dimensions Red (if change is to appear on final Record Drawings) 1 Dimensions Blue (if a dimensional note is not intended to appear on final Record Drawings) 1 Record Drawings shall be full size and shall be available for review by OWNER at the work site. Copies of Electrical and Instrumentation /Control record drawings shall be made available to the OWNER prior to the OWNER taking beneficial occupancy of a phase. At the completion of the project, prior to final payment, all Record Drawings shall be submitted to OWNER. END OF SECTION 1 1 1 1 1 1 1 1 February 2009 01720 -1 Durham A W WTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANK INTENTIONALLY) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I SECTION 01730 OPERATION AND MAINTENANCE INFORMATION I PART 1 - GENERAL 1 Operation and maintenance (O &M) information instructions shall be provided in accordance with this section and as required in the technical sections of this project manual. 1 O &M information shall be provided for each maintainable material and piece of equipment. PART 2 - INFORMATION REQUIRED 1 A. GENERAL I O &M information shall include the names, addresses, and telephone numbers of the manufacturer, nearest representative, and nearest supplier of parts. 1 B. OPERATING INSTRUCTIONS Instructions, procedures, and illustrations shall be provided for the following phases of I operation as applicable: 1. Safety precautions. 2. Operator prestart. 3. Startup, shutdown, and post shutdown. I 4. Normal operations. 5. Emergency operations. 6. Operator service requirements. I 7. Environmental conditions. I C. PREVENTATIVE MAINTENANCE The following preventative maintenance data shall be provided: 1 1. Lubrication data, including recommended lubricants for specific temperature ranges; charts and diagrams showing lubrications points; lubricant types, grades, 1 and capacities; and a lubrication schedule. 2. Preventative maintenance plan and schedule. 1 D. CORRECTIVE MAINTENANCE Manufacturer's recommendations shall be provided on procedures for correcting 1 problems and making repairs, including the following: 1 February 2009 01730 -1 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1. Troubleshooting guides and diagnostic techniques. 2. Wiring diagrams and control diagrams, as applicable. I 3. Maintenance and repair procedures. 4. Removal and replacement instructions. 5. Spare parts and supply lists. 1 6. Corrective maintenance manhours. E. APPENDICES 1 The following additional information shall be provided: I 1. Parts identification, including labeled exploded view illustrations and parts numbers. I 2. Warranty information. 3. Personnel training requirements. 4. Testing equipment and special tool information. 1 PART 3 - TRANSMITTAL PROCEDURE AND CONTENT 1 A. Number the transmittal for any Operation and Maintenance Manual with the original root number of the approved shop drawing for the item. B. Submit 2 copies until approval is received. Submit five final copies after approval is received. 111 C. Submit Operation and Maintenance Manuals printed on 8 -1/2 x 11 inches size heavy first quality paper with standard three -hole punching and bound in stiff metal hinged I binder constructed as a three -ring style. Provide binders with titles and submittal number on front and on spine of binder. Tab each section of manuals for easy reference with plastic- coated dividers. Provide index for each manual. Provide plastic I sheet lifter prior to first page and following last page. D. Reduce drawings or diagrams bound in manuals to an 8 -1/2 x 11 inches or 11 x 17 inches size. However, where reduction is not practical to ensure readability, fold larger drawings separately and place in vinyl envelopes which are bound into the binder. Identify vinyl envelopes with drawing numbers. I E. Enclose one electronic copy of Operations and Maintenance manual in each hard - copy version. Electronic documentation shall be provided on standard CD -ROM I media capable of being read by standard PC CD -ROM drives. All documents shall be provided in Adobe Systems portable document format (PDF). The resulting documents shall be viewable with Adobe Reader version 5.0 or higher. The PDF I documents shall be produced using the postscript printer driver engine within Adobe Acrobat 5.0 or later. Documents shall not be scanned unless no electronic form of the document exists. In such cases and with approval of the OWNER, the document shall 1 February 2009 01730 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I 1 be scanned in color, at 100 percent image scaling and a resolution of 300 dpi. All PDF files shall be text captured, image with hidden text, optimized, searchable and 1 indexable using the Adobe Acrobat Catalog engine. F. Transmittal Content 1. Submission of Operation and Maintenance Manuals is applicable but not necessarily limited to: 1 a. Major equipment. b. Equipment used with electrical motor loads of 1/6 HP nameplate or greater. ' c. Specialized equipment including valves and instrumentation and control system components for HVAC and process systems such as meters, recorders, and transmitters. 1 d. Valves greater than 6 IN DIA. e. Water control gates. ' 2. Prepare operation and maintenance manuals to include, but are not necessarily limited to, the following detailed information, as applicable: a. Equipment function, normal operating characteristics, limiting operations. 1 b. Assembly, disassembly, installation, alignment, adjustment, and checking instructions. c. Operating instructions for start-up, routine and normal operation, regulation and control, shutdown, and emergency conditions. d. Lubrication and maintenance instructions. 1 e. Guide to "troubleshooting." f. Parts list and predicted life of parts subject to wear. g. Outline, cross - section, and assembly drawings; engineering data; and electrical diagrams, including elementary diagrams, wiring diagrams, connection diagrams, word description of wiring diagrams and ' interconnection diagrams. h. Test data and performance curves. i. A list of recommended spare parts with a price list and a list of spare parts provided under these specifications. j. Copies of installation instructions, parts lists or other documents packed with equipment when delivered. PART 4 - PAYMENT 1 Final acceptable O &M information packets must be delivered to the OWNER prior to the project being 75 percent complete based on progress payments. Progress payments for work ' completed beyond 75 percent complete will be delayed until operating and maintenance information is submitted and approved by the OWNER. The OWNER will not be responsible to any late payment charges assessed to the CONTRACTOR. 1 February 2009 01730 -3 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 PART 5 - FIELD CHANGES 1 Following the acceptable installation and operation of an equipment item, the item's 1 instructions and procedures shall be modified and supplemented by the CONTRACTOR to reflect any field changes or information requiring field data. 1 END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 1 1 1 February 2009 01730 -4 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 SECTION 01999 REFERENCE FORMS The forms listed below and included in this section are referenced from other sections of the project manual: Form No. Title 01999 -1 Request for Clarification 01999 -2 Submittal Transmittal 01999 -3 Deactivation Request 1 1 1 1 1 1 1 1 1 1 February 2009 01999 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 Clean Water Services RFC No. Durham Advanced Wastewater Treatment Facility Form 01999-1 , REQUEST FOR CLARIFICATION Project: Durham AWWTF Secondary Train One Rehabilitation 1 Location: Durham AWWTF 16060 SW 85 Avenue, Tigard, Oregon. Contractor: 1 Area of Work in Question: PART(s), Division(s), Section(s), Paragraph(s)/Page(s), Sheet(s): Change Order Requested: [ 1 Yes [ 1 No 1 Question(s): (Attach sketches as required) 1 1 1 Submitted by: Date: Response: Response By: Date: Distribution: Contractor Owner Engineer File No. Form approved 4/3/00 February 2009 01999 -2 Durham AWWTF 517- 03 -09 -2I Secondary Train One Rehabilitation I Clean Water Services Submittal Transmittal No. I Durham AWWTF Form 01999 -2 Project Name: Durham AWWTF — Secondary Train One Rehabilitation Date Received: Project Number: Checked By: Contractor: Engineer: Date Checked: I Address: Address: Date Returned: Spec. Section: Attn: Attn: 1st. Sub. I I ReSub. Date Transmitted: Previous Transmittal Date: LJ u No. Description Manufacturer Dwg. or Data No. Action Taken" I Copies I I I Remarks: N "The Action Designated Above is in CONTRACTOR: Must certify one of the following I Accordance with the Following Legend: statements pertaining to the transmittal or submittal sent for review: As the General Contractor for this project we certify that I D A No Exceptions Taken B Make Corrections Noted the material or equipment contained in this submittal meets all the requirements, including coordination with all related C Amend and Re- Submit work specified (no exceptions). Rejected I D E Engineer's review not required ❑ As the General Contractor for this project we certify that the material or equipment contained in this submittal meets all the requirements specified except for the attached deviations. I Comments: I I By Date I Distribution: Contractor LI Owner I I Engineer [J File I I File No. I February 2009 01999 -3 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation CleanWater Services 1 Our commitment is clear. Form 01999 -3 Deactivation Req. No. Date of Request: CWS Project #: 6391 Project Secondary Train One Rehabilitation Name: Project Contractor: 1 Equipment/ Pipe Name: Drawing #: Length of of Service: Deactivation Date/Time: g Out o S e a Gen. Contractor Contact: Sub - Contractor Contact Name /Phone Name /Phone: Description of Request: (provide copy of plan sheet effected equipment) U 1 Attachments: Yes 1 No Person Requesting: Owner / Engineer Response: 1 1 1 Approved Denied Date Owner: Clean Water Services cc: Owner Contractor 1 February 2009 01999 -4 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation SECTION 02050 ' DEMOLITION AND SALVAGE PART 1— GENERAL 1.01 SCOPE A. This section specifies demolition and salvage. 1.02 SUBMITTALS 1 A. Demolition and equipment removal procedures shall be submitted to the ENGINEER for approval. The procedures shall provide for careful removal of materials and equipment, protection of facilities which are to remain undisturbed, and timely disconnection and reconnection of utility services. Included shall be a time schedule for all demolition work. The schedule shall show demolition in 1 relation to new construction, including temporary facilities. 1.03 PROTECTION OF FACILITIES A. Before beginning any demolition work, the CONTRACTOR shall carefully survey the existing work and examine the contract documents to determine the extent of the work. The CONTRACTOR shall take all necessary precautions to prevent damage to facilities, which are to remain in place, and be responsible for any damages to these facilities resulting from this work. Damages to such work shall be repaired or replaced to its existing condition at no additional cost to the OWNER. The CONTRACTOR shall carefully coordinate the work of this Section with all other work. The CONTRACTOR shall insure that structural elements are 1 not overloaded, and be responsible for increasing structural supports or adding new supports, as may be required, as a result of any cutting, removal, or demolition work performed. ' 1.04 EXISTING CONDITIONS 1 A. The OWNER assumes no responsibility for actual condition of the facilities to be demolished. Prior to the submittal of bids, the CONTRACTOR shall visit the site and inspect all facilities to get familiarized with all existing conditions and 1 utilities and to verify the correctness of the drawings. PART 2 — NOT USED 1 1 February 2009 02050 -1 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 PART 3 — EXECUTION I 3.01 DEMOLITION 1 A. The contract drawings identify the major equipment and facilities to be demolished. Auxiliary utilities such as water, air, drainage, lubrication oil, electrical wiring, controls, and instrumentation are not necessarily shown. These auxiliary utilities, as well as all equipment and pipe supports and all associated instrumentation devices pertaining to piping or equipment designated to be removed, shall be removed. B. Stainless steel anchors shall be cut even with the surface. Non - stainless anchors 1 must be cut even with the surface and coated with Sika Armatec 110 or -equal at 2 layers of 20 mil thickness per the manufacturer's recommendations. 1 3.02 SALVAGE — NOT USED 3.03 DISPOSAL OF DEMOLISHED MATERIALS 1 A. Materials resulting from demolition operations, as well as mechanical and I electrical equipment designated to be demolished but not salvaged, shall be the I property of the CONTRACTOR and shall be removed and legally disposed of at the CONTRACTOR's expense. II 3.04 CLEANING A. During and upon completion of the demolition operations, the CONTRACTOR I shall promptly remove unused tools and equipment, surplus materials, rubbish, debris, and dust and shall leave work areas in a clean condition. 1 B. The CONTRACTOR shall not sweep, grade, or flush surplus materials, rubbish, or debris into drains. 1 3.05 PROTECTION OF EXISTING EQUIPMENT AND STRUCTURES I A. CONTRACTOR shall make all reasonable efforts to protect all existing structures; mechanical and electrical equipment; and other improvements while demolition work is taking place. Measures shall include, but not be limited to, the following: 1. Erecting temporary dust containment enclosures to protect existing I mechanical and electrical equipment. 2. Placing temporary protection on floors, walls and structures to prevent impact damage. I 3. Temporarily removing and reinstalling existing equipment and other improvements not currently in use. 1 February 2009 02050 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation I B. CONTRACTOR shall design and construct a debris containment system in Cells b'n Y 5, 6 and 7 of Aeration Basin 2 to protect fine bubble diffusers from falling debris resulting from construction elsewhere in the cell. CONTRACTOR shall submit debris containment system design for review in accordance with Section 01300. END OF SECTION 1 1 1 1 1 0 1 1 1 1 r 1 1 1 February 2009 02050 -3 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANK INTENTIONALL 19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 03200 CONCRETE REINFORCING a PART 1— GENERAL 1.01 SUMMARY A. This section specifies reinforcing bar requirements for concrete construction. 1 1.02 SUBMITTALS A. Shop Drawings which include all reinforcing to be installed showing size, length, lap length, locations and all information needed to permit installation of reinforc- ing. B. Product Data: Mill certifications for all materials. Mechanical splicing materials shall be submitted for review and shown on shop drawings. 1.03 QUALITY ASSURANCE A. American Concrete Institute (ACI) 1. SP -66, ACI detailing manual. 2. 318, Building Code Requirements for Structural Concrete qp B. American Society for Testing and Materials (ASTM) 1. A153, Standard Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware 2. A185, Standard Specification for Welded Wire Fabric, Plain, for Concrete Reinforcement 3. A497, Standard Specification for Welded Wire Fabric, Deformed, for Concrete Reinforcement 4. A615, Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement (Including Supplementary Requirements S1) 5. A706, Standard Specification for Low -Alloy Steel Deformed Bars for Concrete Reinforcement C. American Welding Society (AWS): D1.4, Structural Welding Code Reinforcing Steel D. Concrete Reinforcing Steel Institute (CRSI): Manual of Standard Practice 1 PART 2 — PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS 1 A. Subject to compliance with Contract Documents, the following Manufactures are acceptable. 1. Rebar adhesive anchors: February 2009 03200 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 a. Hilti RE -500 Adhesive b. Or- equal. 2.02 MATERIALS A. Reinforcing Bars: ASTM A 615, Grade 60, deformed. 1 B. Reinforcing Bars to be welded: ASTM A706. C. Welded Wire Fabric: ASTM A185 or ASTM A497. 1 D. Smooth Dowel Bars: ASTM A615 grade 60 with metal end cap to allow longitu- ' dinal movement equal to joint width plus 1 inch. E. Proprietary Rebar Mechanical Splices: To develop in tension and compression a minimum of 125% of the yield strength of the bars being spliced. F. Welding Electrodes: E90 meeting requirements of AWS D1.4. 1 G. Rebar Adhesive Anchors: Manufactured for the specific purpose of embedding and developing the yield strength of the bars in hardened concrete. 1 2.03 ACCESSORIES A. Metal Chairs, Runners, Bolsters, Spacers, Hangers and other supports: IN 1. Plastic —coated tips in contact with forms 2. Plastic coating meeting requirements of CRSI Manual of Standard Prac- tice 2.04 FABRICATION A. Tolerances 1. Sheared lengths: 1 inch 2. Overall dimensions of stirrups, ties and spirals: 1/2 inch 3. All other bends: +0 inch, -1/2 inch B. Minimum diameter of bends measured on the inside of the rebar to be as indicated in ACI 318 paragraph 7.2. C. Ship bars to jobsite with attached plastic or metal tags. 1. Place on each tag the mark number of the rebar corresponding to the mark number indicated on the shop drawing. 2. Mark numbers of tags to be so placed that the numbers cannot be re- moved. 3. Store reinforcing on job site off the ground and protect from weather. 1 I February 2009 03200 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 PART 3 — EXECUTION 1 3.01 INSTALLATION A. Tolerances 1 1. Reinforcing steel shall be placed in accordance with ACI manual SP -66 and clearances shall be no less than 11/2 inches for #5 and smaller and 2 inches for #6 and larger, unless otherwise indicated on the construction 1 drawings. 2. Minimum clear space between non - bundled bars shall be equal to the bar diameter or 1 ", whichever is greater and no less than the diameter of the 1 largest aggregate in the concrete mix design. B. Unless otherwise indicated, provide splice lengths as required per ACI 318 and 1 placement per ACI SP -66. C. Mechanical splice connectors may only be used when approved or indicated on I the contract documents. D. Welding 1 1. Perform welding of rebar in accordance with requirements of AWS D1.4. 2. Have each welder place an approved identifying mark near each com- pleted weld. I E. Placing Reinforcing Steel 1. Assure that reinforcement at time concrete is laced is free of mud oil or 1 other materials that may affect or reduce bond. 2. Reinforcement with rust, mill scale or a combination of both will not be accepted without cleaning or brushing provided dimension and weights I including heights of deformations is not less than required by applicable ASTM specifications. 3. Reinforcing Steel Support I a. Steel bars shall be supported on appropriately sized concrete ado - bies or chairs to meet clearance and spacing requirements. b. Supports shall be secured and placed at spacings where reinforcing deflected shapes are less than 1/8 inch. I 3.02 FIELD QUALITY CONTROL A. Reinforcing Congestion and Interference I 1. Notify ENGINEER whenever the specified clearances between bars can- not be met. 2. Do not place any concrete until the ENGINEER submits and solution to I 3. bar congestion problems. Bars may be moved as necessary to avoid interference with other reinforc- ing bars, conduits or embedded items. II February 2009 03200 -3 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 4. No cutting of bars shall be done without written approval of the ENGINEER. B. Employ a testing laboratory to perform and report following: 1. Review and approve CONTRACTOR proposed welding procedures and processes. 1 2. Qualify welders in accordance with AWS D1.4. 3. Test three samples of each bar size and each type of weld in accordance with AWS D1.4. The tensile strength of each test shall be not less than 125% of the required yield strength of the bar tested. 4. Conduct nondestructive field tests on not less than one random sample for each 10 welds. In addition if any welds are found defective, test five pre- vious welds performed by same welder. 5. Visually inspect each weld for presence of cracks, undercuts, inadequate size and other visible defects. C. All reinforcing installed with epoxy anchor system shall have Special Inspection. END OF SECTION 1 1 1 1 1 1 1 1 1 February 2009 03200 -4 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 SECTION 03301 CAST -IN-PLACE CONCRETE PART 1— GENERAL 1.01 SUMMARY A. This section specifies cast -in -place concrete, including reinforcement, concrete materials, mixture design, placement procedures and finishes. 1.02 SUBMITTALS A. General: In addition to the following, comply with submittal requirements in ACI 301. 1 B. Product Data: Shop drawings for reinforcing steel and anchorage systems. C. Design Mixtures: For each concrete mixture. 1.03 QUALITY ASSURANCE 1 A. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products and that complies with ASTM C 94 requirements for produc- ill facilities and equipment. B. Source Limitations: Obtain each type of cement of the same brand from the same manufacturer's plant, obtain aggregate from one source, and obtain admixtures through one source from a single manufacturer. L C. Comply with the following specifications by the American Concrete Institute (ACI): 1. Usually retain five subparagraphs below. See Evaluations for ACI 301 or- ganization. Four other Sections of ACI 301, "Architectural Concrete," "Mass Concrete," "Prestressed Concrete," and "Shrinkage- Compensating Concrete," could be added but usually fall outside the scope of this Sec - I tion. 2. ACI 301 — Specifications for Structural Concrete for Buildings 3. ACI 305 — Hot Weather Concreting j 4. ACI 306 — Cold Weather Concreting 5. ACI 318 — Building Code Requirements for Reinforced Concrete 6. ACI 347 — Formwork for Concrete 7. ACI 350R — Environmental Engineering Concrete Structures 1 1 February 2009 03301 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 PART 2 — PRODUCTS 2.01 FORMWORK ' A. Furnish formwork and formwork accessories according to ACI 301. 2.02 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615, Grade 60, deformed. 1 B. Plain -Steel Wire: ASTM A82, as drawn. 2.03 CONCRETE MATERIALS 1 A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source throughout Project: 111' 1. Portland Cement: ASTM C 150, Type II. Type III or Type HE cement may be used for accelerated strength. Supplement with the following: a. Fly Ash: ASTM C 618, Class C or F. b. Ground Granulated Blast- Furnace Slag: ASTM C 989, Grade 100 or 120. 1 B. Normal- Weight Aggregate: ASTM C 33, graded, 1 -1/2 -inch nominal maximum aggregate size. 1 C. Water: ASTM C 94. 2.04 ADMIXTURES A. Air - Entraining Admixture: ASTM C 260. 1 B. Chemical Admixtures: Provide admixtures certified by manufacturer to be com- patible with other admixtures and that will not contribute water - soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride. 1. Water- Reducing Admixture: ASTM C 494/C 494M, Type A. 2. Plasticizing and Retarding Admixture: ASTM C 1017 /C 1017M, Type II. 2.05 RELATED MATERIALS 1 A. Vapor Retarder: Multi -ply reinforced polyethylene sheet, ASTM E 1745, Class C, or polyethylene sheet, ASTM D 4397, not less than 10 mils thick. 1 B. Joint - Filler Strips: ASTM D 1751, asphalt - saturated cellulosic fiber, or ASTM D 1752, cork or self - expanding cork. 1 C. Adhesive Embedded Reinforcing Bars: Where shown on the drawings, the CONTRACTOR is to embed lengths of reinforcing steel into holes drilled into the February 2009 03301 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 I existing concrete. The adhesive product is to be the Hilti HIT RE -500 adhesive system or- equal. Locations, spacing, size and embedment is shown on the draw - 1 ings. Installation is to conform to the manufacturer's directions. 2.06 CURING MATERIALS I A. Evaporation Retarder: Waterborne, monomolecular film forming; manufactured for application to fresh concrete. I B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or ke- naf, weighing approximately 9 oz. /sq. yd. when dry. I C. Moisture- Retaining Cover: ASTM C 171, polyethylene film or white burlap - polyethylene sheet. 1 D. Water: Potable. I E. Clear, Waterborne, Membrane - Forming Curing Compound: ASTM C 309, Type 1, Class B. 1 2.07 CONCRETE MIXTURES A. Comply with ACI 301 requirements for concrete mixtures. ill B. Normal- Weight Concrete: Prepare design mixes, proportioned according to ACI 301, as follows: I 1. Minimum Compressive Strength: 4,000 psi at 28 days. 2. Maximum Water - Cementitious Materials Ratio: 0.40 for 1' /2 inch course aggregate, and 0.40 for 3 /4" inch course aggregate I 3. Slump Limit: 1 inches — 3 inches for foundations and 1 inches — 4 inches for all other uses. 4. Air Entrainment: 5% +/- 1% I 2.08 MIXING I A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94 and furnish batch ticket information. 1. When air temperature is above 90 deg F reduce mixing and delivery time 1 to 60 minutes. PART 3 — EXECUTION 1 3.01 FORMWORK 1 A. Design, construct, erect, brace, and maintain formwork according to ACI 301. 1 February 2009 03301 -3 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 B. For the removal of formwork, forms not supporting the weight of concrete may be removed after a cumulative curing of not less than 50 degrees F for 24 hours pro- viding that the concrete is sufficiently hard to resist damage from form removal. 1 3.02 STEEL REINFORCEMENT A. Comply with the Concrete Reinforcing Steel Institute's (CRSI) "Manual of Stan- 1 dard Practice" for fabricating, placing, and supporting reinforcement. 3.03 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Control Joints: Locate and install so strength and appearance of concrete are not impaired, at locations indicated or as approved by ENGINEER. 3.04 CONCRETE PLACEMENT 1 A. Comply with ACI 301 for measuring, batching, mixing, transporting, and placing concrete. 1 B. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301. 1 C. Consolidate concrete with mechanical vibrating equipment. Vibratory equipment shall not be applied to the exterior of concrete forms. D. Concrete lifts greater than 10 feet require form windows. E. The maximum concrete drop height shall be such as to avoid concrete segrega- tion and shall not exceed 3 feet. F. Prior to placing fresh concrete against existing concrete, the existing concrete sur- face must be clean and sound. Remove dust, laitance, grease and all other con- taminants by blast cleaning, wire brushing or other effective suitable method. Prior to placement of fresh concrete, apply Sikadur Armatec 110 to the mating surfaces, except as indicated in the construction drawings. Product must be ap- plied in strict conformance to the manufacturer's recommendations. 1 3.05 FINISHING FORMED SURFACES A. Smooth - Formed Finish: To be used on all cast in place walls and infill sections As -cast concrete texture imparted by form- facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defective areas such as honeycombs, air or rock pockets, and chips greater than 1 /4 inch. Remove fins and other projections exceeding 1/8 inch. 1 February 2009 03301 -4 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 B. Related Unformed Surfaces: At tops of walls horizontal offsets, and similar un- p > formed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated. 3.06 FINISHING UNFORMED SURFACES A. General: Comply with ACI 302.1R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Screed surfaces with a straightedge and strike off. 3.07 CONCRETE PROTECTING AND CURING A. General: Protect freshly placed concrete from premature drying and excessive 1 Yp P �'Y cold or hot temperatures. Comply with ACI 306 for cold - weather protection and with ACI 305 for hot - weather protection during curing. 3.08 FIELD QUALITY CONTROL A. Testin g Agency: : A OWNER will engage a qualified independent testing and in- 1 Y en g specting agency to sample materials, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. B. Tests: Perform according to ACI 301. 1. Testing Frequency: One composite sample shall be obtained for each day's pour of each concrete mix exceeding 5 cu. yd. but less than 50 cu. yd., plus one set for each additional 50 cu. yd. or fraction thereof. 3.09 REPAIRS A. Remove and replace concrete that does not comply with requirements in this Sec- tion. END OF SECTION 1 1 1 1 February 2009 03301 -5 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANKINTENTIONALL19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 03600 GROUT PART 1— GENERAL 1.01 DESCRIPTION A. This section specifies grout for uses other than masonry. 1.02 Q UALITY ASSURANCE A. Quality Control by Contractor: To demonstrate conformance with the specified requirements for grout, the CONTRACTOR shall provide documentation showing that the grout complies with the requirements of this section. PART 2 — PRODUCTS 2.01 MATERIALS A. Cement: Portland cement shall be ASTM C150 Type II or Type V, low alkali, containing less than 0.60 percent alkalies. B. Aggregate 1. General: Aggregate shall be nonreactive and shall be washed before use. When sources of aggregate are changed, test reports shall be provided for the new material. The tests specified shall be performed prior to commencing grout work. 2. Fine Aggregate: Fine aggregate shall be hard, dense, durable particles of either sand or crushed stone regularly graded from coarse to fine and shall conform to ASTM C33 as modified herein. When tested in accordance with ASTM C136, gradation shall be such that 100 percent by weight will pass a standard No. 8 mesh sleeve and no less than 45 percent by weight will pass a standard No. 40 mesh sieve. C. Admixtures 1. General: Admixtures shall be compatible with the grout. Calcium chloride or admixtures containing calcium chloride are not acceptable. Admixtures shall be used in accordance with the manufacturer's recommendations and shall be added separately to the grout mix. 2. Water Reducing Retarder: Water reducing retarder shall be ASTM C494 Type D and shall be Master Builders Pozzolith 300 -R, Sika Corporation Plastiment, or- equal. 3. Lubricant for Cement Pressure Grouting: Lubricant additive for cement pressure grouting shall be Intrusion Prepakt Intrusion Aid, Sika Intraplast N, or- equal. 1 February 2009 03600 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 D. Water: Water for washing aggregate, for mixing and for curing shall be free from g gie g g g oil and deleterious amounts of acids, alkalies, and organic materials; shall not contain more than 1000 mg/1 of chlorides as C1, nor more than 1300 mg /1 of sulfates as SO and shall not contain an amount of impurities that may cause a change of more than 25 percent in the setting time of the cement nor a reduction of more than 5 percent in the compressive strength of the grout at 14 days when compared with the result obtained with distilled water. Additionally, water used for curing shall not contain an amount of impurities sufficient to discolor the grout. 2.02 GROUT A. Drypack Grout: Drypack grout shall be a mixture of approximately one part cement, 1 -1/2 to 2 parts sand, water reducing retarder, and sufficient water to make a stiff workable mix. B. Cement Grout: Cement grout shall be a mixture of one part cement, two parts sand, proportioned by volume, admixtures for pressure grouting, and sufficient water to form a workable mix. C. Nonmetallic aggregate grout shall be Five Star Products, Inc. Five Star Grout, 1 Master Builders Masterflow 713, Burke Company Non - Ferrous, Non -Shrink Grout, or- equal. Only non - metallic grout shall be used on this project. D. Epoxy Grout for Crack Repair and Dowel Anchorage 1. Except as noted below, epoxy grout shall be a high modulus, two - component, moisture insensitive, 100 percent solids, thermosetting modified polyamide epoxy compound. The consistency shall be a paste form capable of not sagging in horizontal or overhead anchoring configurations. Material shall conform to ASTM C881 Type 1, Grade 3, such as Adhesive Engineering Concresive 1440 series, Sika Corporation Sikadur Hi -Mod Series, Adhesive Technology Corporation Solidbond 200 or- equal, and shall have a heat deflection temperature in excess of 130 degrees F. 2. Epoxy for pressure grouting /crack injection shall be a two - component, moisture insensitive, high modulus, injection grade, 100 percent solids, blend of epoxy -resin compounds. The consistency shall be as required to achieve complete penetration in hairline cracks and larger. Material shall conform to ASTM C881 Type 1 Grade 1, such as Sika Corporation Sikadur 52, Adhesive Engineering Company SCB products, Adhesive Technology Corporation SLV 300 series, or- equal. 1 E. Polymer Concrete (for Resurfacing or Patching) 1. Polymer concrete (for resurfacing or patching) shall consist of a liquid 1 binder and dry aggregate mixed together to make a mortar or grout of a consistency as required for the application. The liquid binder shall be a February 2009 03600 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 chemical and oil resistant, stress relieved, low modulus, moisture insensitive, two- component epoxy -resin compound. The consistency shall be similar to lightweight oil for proper mixing with aggregate. Material shall conform to ASTM C881 Type 3 Grade 1, such as Sika Corporation Sikadur Lo -Mod series, Adhesive Engineering Concresive 1470, Adhesive Technology Corporation 400 series, or- equal. 2. The aggregate shall be oven dry in sealed packages until time of mixing, and shall be of size and consistency compatible with recommendations of manufacturer of liquid binder for intended application. 1 2.03 SUBMITTALS A. The following information shall be provided in accordance with Section 01300. B. Manufacturer's Data: Manufacturer's data shall be provided for the following: 1. Bonding compounds. 2. Nonshrink grout. 3. Pressure grout. 4. Retardants. 5. Epoxy grout. 6. Polymer concrete. PART 3 — EXECUTION 3.01 GENERAL A. Bonding compound and primer, if required for polymer concrete, shall be provided per manufacturer's recommendation. ' 3.02 DRYPACK GROUT A. Drypack grout shall be used for built -up surfaces, setting miscellaneous metal items and minor repairs. B. Surfaces required to be built up with drypack grout shall be roughened by brushing, cleaned, and coated with the bonding compound before the application of the grout. The drypack grout shall be applied immediately following the I application of the bonding compound in bands or strips to form a covering of the required thickness. The covering shall be smooth. Construction joints in the grout shall be sloped and shall be cleaned and wetted before application is resumed. C. Drypack grout shall be cured in accordance with manufacturer's recommendations. D. Grout shall not be placed during freezing weather unless adequate protection is provided. February 2009 03600 -3 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 3.03 CEMENT GROUT A. Cement grout shall be used for filling nonbearing portions of equipment pads and pressure grouting. B. Except for the specialized equipment for pressure grouting, and placing p P g g� mixing P g apparatus shall be similar to that normally used for cast -in -place concrete. Grout shall be mixed for a period of at least 1 minute. Diluted grout shall be agitated to keep ingredients mixed. 3.04 NONSHRINK GROUT 1 A. Nonshrink, nonmetallic aggregate grout shall be used for the bearing surfaces of machinery and equipment bases, column bases and bearing plates and for infilling around new pipe penetrations through existing concrete walls. B. Holes required for grouting shall be blown clean with compressed air and left free of dust or standing water. Horizontal holes for grouting shall be drilled at a slight downward angle to facilitate holding the grout until setting is complete. Bolts or reinforcing steel installed in horizontal grout holes shall be bent slightly accordingly. C. Prior to installation of nonshrink grout infill around pipe penetrations of existing 1 concrete walls, the surface of existing concrete shall be treated with an epoxy paste adhesive. Roughen the surface of the existing concrete with a bush hammer or other means. Apply Sikadur Armatec 110 or -equal to a minimum thickness of 1/16 inch and a maximum thickness of 1/8 inch in accordance with the manufacturer's recommendations. Epoxy paste adhesive shall conform to ASTM C -881. 3.05 EPDXY GROUT 1 A. Epoxy grout shall be used for repairing cracks by pressure grouting or gravity flow, repairing structural concrete, and may be used for setting reinforcing dowels or anchor bolts into holes for grouting. Concrete shall be primed in accordance with the grout manufacturer's instructions. B. Use of epoxy grout for anchorage of bolts or reinforcing dowels shall be subject to the following conditions: 1. Use shall be limited to locations where exposure, on an intermittent or continuous basis, to acid concentrations higher than 10 percent, to chlorine gas, or to machine or diesel oils, is extremely unlikely. 2. Use shall be limited to applications where exposure to fire or exposure to 1 concrete or rod temperature above the product's heat deflection temperature or 120 degrees F (whichever is less) is extremely unlikely. February 2009 03600 -4 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 Overhead applications (such as pipe supports) because of the above concerns shall be disallowed. 3. Approval from ENGINEER for specific application and from supplier of equipment to be anchored, if applicable. 4. Anchor diameter and grade of steel shall be per contract documents or per equipment supplier specifications. Anchor shall be threaded or deformed full length of embedment and shall be free of rust, scale, grease, and oils. 5. Embedment depth and hole diameter shall be as specified. 6. Holes shall have rough surfaces, such as can be achieved using a rotary percussion drill. 7. Holes shall be blown clean with compressed air and be free of dust or standing water prior to application of grout. 8. Anchor shall be left undisturbed and unloaded for full curing period. 1 9. Anchors shall not be placed in concrete below 25 degrees F. 3.06 PRESSURE GROUTING A. Prior to grouting, systems and holes to be grouted shall be washed clean. Washing is not required for grouting soil voids outside pipe cylinders or casing pipes. Grouting, once commenced, shall be completed without stoppage. In case of breakdown of equipment, the CONTRACTOR shall wash out the grouting system sufficiently to ensure fresh grout and adequate bond and penetration will occur upon restarting the grouting operation. Grout pressure shall be maintained until grout has set. END OF SECTION 1 1 1 1 1 1 1 February 2009 03600 -5 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANK INTENTIONALL I9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I SECTION 05501 ANCHOR BOLTS I PART 1— GENERAL 1 1.01 DESCRIPTION 1 A. This section specifies anchor bolts complete with washers and nuts. All anchor bolts and associated hardware shall be Type 316 stainless steel. I 1.02 SUBMITTALS A. Provide submittals in accordance with Section 01300. 1 B. Manufacturer's catalog data, showing materials of construction, edge distance requirements, and rated capacities. 1 C. Installation instructions. I D. The CONTRACTOR shall supply the ENGINEER with the current evaluation report from the International Conference of Building Officials for the particular brand of anchor bolts to be used. 1111 PART 2 — PRODUCTS I 2.01 GENERAL A. Anchor boltholes in equipment support frames shall not exceed the bolt diameters 1 by more than 25 percent, up to a limiting maximum oversizing of 1/4 inch. Unless otherwise specified, minimum anchor bolt diameter shall be 1/2 inch. 1 B. Tapered washers shall be provided where mating surface is not square with the nut. 1 2.02 MATERIALS AND PRODUCTS 1 A. Anchor bolts shall be per the construction drawings. PART 3 — EXECUTION 1 3.01 GENERAL I A. Fieldwork, including cutting and threading, shall not be permitted on galvanized items. Dissimilar metals shall be protected from galvanic corrosion by means of pressure tapes, coatings or isolators. Grouting of anchor bolts with nonshrink or 1 epoxy grouts, where specified, shall be in accordance with Section 03600. February 2009 05501 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 B. Minimum distance from edge of anchor bolt to edge of concrete shall be 6 inches unless specifically noted otherwise on drawings. 3.02 ADHESIVE ANCHOR BOLTS A. Use of adhesive anchors shall be subject to the following conditions: 1 1. Use shall be limited to locations where exposure, on an intermittent or continuous basis, to acid concentrations higher than 10 percent, to chlorine gas, or to machine or diesel oils, is extremely unlikely. 2. Approval from ENGINEER for specific application and from supplier of equipment to be anchored, if applicable. 3. Anchor diameter and grade of steel shall be per contract documents or per equipment supplier specifications. Anchor shall be threaded or deformed full length of embedment and shall be free of rust, scale, grease, and oils. 4. Embedment depth shall be as specified. 5. All installation recommendations by the anchor system manufacturer shall be followed carefully, including maximum hole diameter. 6. Holes shall have rough surfaces, such as can be achieved using a rotary percussion drill. 7. Holes shall be blown clean with compressed air and be free of dust or standing water prior to installation. 8. Anchor shall be left undisturbed and unloaded for full adhesive curing period. 9. Concrete temperature (not air temperature) shall be compatible with curing requirements of adhesives per adhesive manufacturer. Anchors shall not be placed in concrete below 25 degrees F. 10. Special Inspection is required for the installation of all adhesive anchors. 3.03 EXPANSION ANCHORS 1 A. Use of expansion or wedge type anchors shall be subject to conditions 2, 3, 4, 6, and 7, specified in paragraph 3.02. 1 END OF SECTION 1 1 1 1 1 February 2009 05501 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 SECTION 05505 METAL FABRICATIONS PART 1— GENERAL 1.01 DESCRIPTION A. Section includes: 1. Custom fabricated metal items and certain manufactured units not otherwise indicated to be supplied under work of other sections. 1.02 REFERENCES A. Standards 1. Aluminum Association (AA) a. SAS -30, Specifications for Aluminum Structures 2. American National Standards Institute (ANSI) a. A14.3, Ladders- Fixed - Safety Requirements 3. American Society for Testing and Materials (ASTM) a. A36, Standard Specification for Structural Steel b. A108, Standard Specification for Steel Bars, Carbon, Cold- Finished, Standard Quality c. Al23, Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products d. A153, Standard Specifications for Zinc Coating (Hot -Dip) on Iron and Steel Hardware e. A307, Standard Specification Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength f. A780, Standard Practice for Repair of Damaged and Uncoated Areas of Hot - Dipped Galvanized Coatings g. A786, Standard Specification for Rolled Steel Floor Plate ' h. B221, Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Shapes, and Tubes i. B308, Standard Specification for Aluminum -Alloy 6061 -T6 Standard Structural Shapes j. B632, Standard Specification for Aluminum -Alloy Rolled Tread Plate k. F467, Standard Specification for Non - Ferrous Nuts for General Use 1. F468, Standard Specification for Non - Ferrous Bolts, Hex Cap Screws, and Studs for General Use. m. F593, Standard Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. r February 2009 05505 -1 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation I 4. American Welding Society (AWS) ty( ) a. A5.1, Specification for Covered Carbon Steel Arc Welding Electrodes. I b. D1.1, Structural Welding Code Steel. c. D1.2, Structural Welding Code Aluminum. I 5. National Association of Architectural Metal Manufacturers (NAAMM): a. Metal Bar Grating Manual. 6. U. S. Department of Labor, Occupational Safety and Health Administration (OSHA): a. 29 CFR 1910, OSHA Safety and Health Standards for General Industry (referred to herein as OSHA standards). 7. Provide all fabricated items complying with 1997 Uniform Building Code with State of Oregon 1998 Structural Specialty Code, and OSHA Regulations. 1 1.03 DEFINITIONS A. Installer or Applicator: Installer or applicator is the person actually installing or 1 applying the product in the field at the Project site. 1. Installer or applicator are synonymous. 1 B. Hardware: As defined in ASTM A153. 1.04 SUBMITTALS Ilii A. Shop Drawings 1 1. See Section 01300. 2. Fabrication and/or layout drawings: a. Submit shop drawings for all fabrications and assemblies. 1 3. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. 1 b. Manufacturer's installation instructions. PART 2 — PRODUCTS 1 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. Headed studs and deformed bar anchors: a. Nelson Stud Welding Div., TRW Inc. b. Stud Welding Products, Inc. c. Eric /Jones Stud Welding Div. 2. All Purpose Metal Framing a. Unistrut Building Systems February 2009 05505 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 b. B -Line Systems c. Allied Tube and Conduit d. Metal Products Div., USG Industries, Inc. 2.02 MATERIALS A. Steel 1. Structural Steel: ASTM A572 Grade 50. 2. Structural Steel Channel: ASTM A36. 3. Steel Pipe: ASTM A53, Types E or S, Grade B. 4. Structural Tubing: ASTM A500, Grade B. 5. Bolts, Nuts and Washers, High Strength: ASTM A325. a. Provide washers with all nuts. 6. Bolts and Nuts: Unfinished, ASTM A307, Grade A. a. Provide washers with all nuts. 7. Anchor Bolts: ASTM A36. 8. Electrodes for Welding Steel: AWS A5.1, E70 Series. 9. Steel Forgings: ASTM A668. B. Aluminum 1. Rolled shapes and extrusions: ASTM B308 or B221. 2. Castings: ASTM B26 3. Alloys 6061 -T6 or 6063 -T6, unless specified otherwise in this Section 4. Aluminum angles beams, pipes, plates and channels: Alloy 6061 -T6. 5. Electrodes for welding aluminum: AWS 1.2, filler alloy 4043 or 5356. C. Washers: Same material and alloy as found in accompanying bolts and nuts. D. Galvanizing: ASTM Al23 or A525 with minimum coating of 1.5 OZ per square foot. All steel shall be hot dipped galvanized after fabrication. Galvanizing repair shall be in accordance with ASTM A -780 E. Deformed Bar Anchors: ASTM A496 with a minimum tensile strength of 80,000 ' psi and a minimum yield strength of 70,000 psi. F. All Purpose Metal Framing ' 1. Material: Stainless Steel. 2. Channel and Inserts a. Minimum 12 GA. b. Channels to have one side with a continuous slot with inturned lips. 3. Fittings: Stainless Steel. 4. Nuts: Stainless Steel with toothed grooves in top of nuts to engage the inturned lips of channel. 5. Finish: None. February 2009 05505-3 Durham AWWTF 517-03-09-21 Secondary Train One Rehabilitation 1 2.03 MANUFACTURED UNITS a A. Aluminum Grating 1 1. ANSI MBG 531: Grating shall be aluminum unless otherwise shown on Drawings. 2. Bearing Bars: Rectangular, 1 1 /4x3 /16 IN at 1 3/16 IN OC spacing or I- bar, 1 '/4 IN deep with minimum 1/16 IN thick bar and minimum '/4 IN flange width at 1 3/16 IN OC spacing, unless otherwise noted. 3. Cross Bars: Welded, swagged or pressure locked to bearing bars. a. Maximum 4 IN OC spacing. 4. Top Edges of Bars: Grooved or serrated. I 5. Removable Grating Sections: Not wider than 3 FT and not more than 100 LBS. 6. Standard mill finish. 7. Ends and Perimeter Edges: Banded. 8. Openings through Grating: Reinforced to provide required load carrying capacity and banded with 4 IN high toe plate. III 9. Provide joints at openings between individual grating sections. 10. Clips and Bolts: Stainless steel. 2.04 FABRICATION I A. Verify field conditions and dimensions prior to fabrication. 1 B. Form materials to shapes indicated with straight lines, true angles, and smooth curves. 1 C. Drill or punch holes with smooth edges. D. Weld Permanent Shop Connections II 1. Welds to be continuous fillet type unless indicated otherwise. 2. Full penetration butt weld bends in stair and ladder stringers. 1 3. Weld structural steel in accordance with AWS D1.1 using Series E70 electrodes conforming to AWS A5.1. 1 4. Grind smooth welds that will be exposed. E. Conceal fastenings where practicable. F. Punch or drill for field connections and for attachment of work by other trades. G. Fabricate work in shop in as large assemblies as is practicable. 1 H. Finishes 1. See Section 09900 for preparation and painting of ferrous metals and other surfaces. 1 February 2009 05505 -4 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 PART 3 — EXECUTION ' 3.01 PREPARATION ' A. Prior to installation, inspect and verify condition of substrate. Installation of product constitutes installer's acceptance of substrate condition for product compatibility. 1 B. Correct surface defects or conditions which may interfere with or prevent a satisfactory installation. 3.02 INSTALLATION A. Set metal work level, true to line, plumb. B. Shim and grout as necessary. C. Bolt Field Connections: Where practicable, conceal fastenings. 1 D. Welded Connections: Grind welds smooth where field welding is required. E. Unless noted or specified otherwise: 1. Connect steel members to steel members with 1/2 IN DIA ASTM A325 high strength bolts. 2. Connect steel members to concrete and masonry using 1/2 IN DIA stainless steel expansion bolts unless shown otherwise. Provide dissimilar materials protection. 1 F. Install and tighten ASTM A325 high - strength bolts in accordance with 9th Edition of Manual of Steel Construction. 1. Provide hardened washers for all ASTM A325 bolts. Provide the 1 hardened washer under the element (nut or bolt head) turned in tightening. G. Do not field splice fabricated items unless said items exceed standard shipping length or change of direction requires splicing. Provide full penetration welded splices where continuity is required. 1 H. Provide each fabricated item complete with attachment devices as indicated or required to install. 1 I. Anchor metal work so that work will not be distorted nor fasteners overstressed from expansion and contraction. 1 J. Tie anchor bolts in position to embedded reinforcing steel using wire. Tack welding prohibited. Coat bolt threads and nuts with heavy coat of clean grease. 1 February 2009 05505 -5 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 Anchor bolt location tolerance: 1/16 IN. Provide steel templates for all column anchor bolts. K. Accurately locate and place frames for openings before casting into floor slab so top of plate is flush with surface of finished floor. Keep screw holes clean and 1 ready to receive screws. L. Attach grating to end and intermediate supports with grating saddle clips and bolts. 1. Maximum spacing: 2 FT OC with minimum of two per side. 2. Attach individual units of grating together with clips or attachments at 2 FT OC maximum with a minimum of two clips per side. M. Prepare and paint ferrous metals in accordance with Section 09900. N. Repair damaged galvanized surfaces in accordance with ASTM A780. 1 END OF SECTION 1 1 1 1 1 1 1 1 1 1 February 2009 05505 -6 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 SECTION 05520 ALUMINUM HANDRAILS AND GUARDRAILS PART 1— GENERAL 1.01 DESCRIPTION 1 A. Aluminum handrail and guardrail. 1.02 QUALITY ASSURANCE A. Regulatory Requirements: Railing will meet the requirements and standards of the Occupational Safety and Health Administration and the International Building Code. Railing, kickplates and curbing are required where shown on Drawings. B. Qualify all welders and welding procedures in accordance with ASME Section IX and AWS C5.5. 1.03 SUBMITTALS A. Procedures: Section 01300. B. Shop Drawings and Product Data 1. Certified Test Reports: Submit certificates before fabrication of railings, which attest to their material complying with these Specifications. 2. Layout and installation shop drawings. 3. Certification of welders and welding procedures. 1 PART 2 — PRODUCTS 2.01 ACCEPTABLE MANUFACTURES A. Welded Railing Systems 1. Tutle Aluminum and Bronze 2. Architectural Art Mfg. Inc. 3. Universal Products, Inc. 4. Or- equal. B. Non - welded Pre - engineered Railings 1. Hollaender Railing Systems 2. Or- equal. 2.02 MATERIALS A. Unless otherwise specified on the Drawings, railing to be aluminum. B. Materials February 2009 05520 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1. Pipe: Alloy 6061 -T6 ASTM B241 or ASTM B221, Schedule 40. 2. Sheet and Plate: 6061 -T6 aluminum, ASTM B209. 3. Bars, Rods, Shapes (Pickets and Tubes): ASTM B221. 4. Cast Fittings: Aluminum, ASTM B108 or ASTM B210. 5. Fasteners: 316 Stainless Steel. ASTM F593 with minimum yield strength of I 30,000 psi and minimum tensile strength of 70,000 psi unless noted otherwise. Provide edge distance cover as recommended by manufacturer, or as indicated on Drawings. I 6. Electrodes for Welding a. Aluminum: AWS D1.2. b. Filler alloy 5356 or 4043. 7. Perforated Metal Panels: Aluminum Wire ASTM B211. C. Nonshrink Grout 1. Per Section 03600 2.03 FABRICATION AND MANUFACTURE 1 A. General 1. Fabricate smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. 2. Form exposed work with smooth, short radius bends, accurate angles and straight sharp edges: II a. Ease exposed edges to a radius of approximately 1/32 -inch. b. Form bent -metal corners to smallest radius possible without causing grain separation or otherwise impairing work. 1 3. Form exposed connections with flush, smooth, hairline joints: a. Locate top rail splices and expansion joints within 8 -inch of post or other support. 1 4. Anchorage of the type indicated on Drawings or as required by field conditions. 5. Design railing and anchorage to withstand a 200 lb. force applied at any 1 point, in any direction, without failure or permanent set. 6. Custom fabricate pipe railings to dimensions and profiles. 7. Provide 3 rails and toeboard where required. Provide 4 inches high toeboards suitable for attachment to handrail posts with clamps at all walkways with handrail and at elevated walkways and platforms. 8. Limit post spacing to a maximum of 4 feet. B. Aluminum Railing Fabrication 1. All railing to be prefabricated or component formed, marked and sized for on -site installation. 2. Top railing to be single unspliced length attached to a minimum of three , posts where possible. 3. Posts and intermediate railings: Single unspliced lengths of pipe. 4. Finish 1 February 2009 05520 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 a. Meet requirements of AAMA 605.2 5. Expansion Joints a. Allow thermal expansion and contraction of railing while still meeting design - loading requirements. 6. Weep Holes a. Fabricate 3/16 -inch diameter weep holes in railing 1 -inch above walkway surface. b. Required at all exterior vertical posts set in concrete or otherwise closed at bottom. c. Required at all other low spots in railing system. 1 C. Chain: For temporary closure between aluminum railing use stainless steel chain with 1/2 -inch diameter links. PART 3 — EXECUTION 3.01 INSTALLATION A. Install products in accordance with manufacturer's instructions. B. Set work accurately in location, alignment and elevation, plumb, level, and true. Measure from established lines and items which are to be built into concrete, 1 masonry or similar construction. Verify measurements at the site. C. Adjust railings prior to securing in place to assure proper matching at butting and expansion joints and correct alignment throughout their length: 1. Plumb posts in each direction. 2. Space wall brackets not more than 5 feet on center. 1 3. Space aluminum posts not more than 5 feet on center. D. Install proper sized expansion joints based on temperature at time of installation and 1 differential coefficient of expansion of materials in all railings as recommended by manufacturer. Joints to be designed to allow expansion and contraction of railing and still meet design loads required. END OF SECTION 1 1 1 February 2009 05520 -3 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 (THIS PAGE LEFT BLANK INTENTIONALL 19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 09900 COATING SYSTEMS PART 1— GENERAL 1.01 SCOPE A. Description: The work covered by this section consists of furnishing all labor, equipment and material necessary to perform surface preparation and to furnish and apply all paint, protective coatings and finishes as specified herein. i 1.02 QUALITY ASSURANCE ' A. References: This section references the following documents. They are a part of this section as specified and modified. In case of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. 1. SSPC — Steel Structures Painting Council Specifications 2. ASTM D2200 — Pictorial Surface Preparation Standards for Painting Steel Surfaces 3. F 595A — Federal Standard Colors B. Coating Contractor: The Coating Contractor shall hold a current C -33 painting and decorating license and have a minimum 5 years practical experience in the application of specified products to surfaces at similar facilities. 1.03 SUBMITTALS 1 A. The CONTRACTOR shall submit information to substantiate compliance with this specification in accordance with Section 01300, SUBMITTALS. In addition, the following specific information shall be provided. B. Manufacturer's product data sheets. 1 C. Complete data on each type of paint and primer. This shall be done whether or not the product is named herein. 1 D. Manufacturer's published application instructions. E. Color chart for each paint for color selection by OWNER. F. See Paragraph 2.01, Materials, for additional submittal requirements for products not named in the specifications. 1.04 DELIVERY AND STORAGE 1 February 2009 09900 -1 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 A. All materials shall be delivered to the site in the manufacturer's sealed containers. Each container shall be labeled by the manufacturer, and the label shall be intact upon delivery. Labels shall give the manufacturer's name, brand, type of paint, 1 batch number, color of paint, date of manufacture, storage life and instructions for reducing. Job mixing or job tinting may be done when approved by the ENGINEER and for sample colors. , B. The CONTRACTOR shall store all paint materials and equipment in a storage place protected from weather and excessive heat and cold. Necessary precautions shall be taken to reduce hazards to a minimum. Materials exceeding the storage life recommended by the manufacturer shall be removed from the site. 1 PART 2 — PRODUCTS 2.01 MATERIALS 1 A. All paint and coating materials furnished for each coating system shall be the products of a single manufacturer. B. Only compatible materials shall be used in the work. Particular attention shall be directed to compatibility of primers and finish coats. C. The volatile organic content (VOC) of the applied coatings, as determined in accordance with ASTM D3960, shall comply with prevailing air pollution regulations. D. If the specified products are not available in formulations that meet applicable regulations on VOC levels at time of application, the CONTRACTOR shall submit for review products of equivalent quality and function that comply with regulations in effect at that time. E. The paints, primers and coating shall be the product of the Tnemec Company, 1 Inc., North Kansas City, MO; Carboline Company Inc., St. Louis, MO; or- equal. Examples of paint systems from these manufacturers are listed in the following specifications. Equivalent systems by manufacturers other than those named above will be acceptable. The "or- equal" clause refers to dry film thickness, generic type of primer, paint, or coating, and ingredients in the coating. F. No request for substitution of an "equal" will be considered which decreases the film thickness designated, the number of coats to be applied, solids content by volume, the general type of coating, paint, or primer, or the quantity, quality and type of ingredients in the coatings specified. The CONTRACTOR shall provide a list of references where coating of the same generic type has been applied on similar projects. The reference list shall give the project name, city, state, OWNER, phone number of OWNER, coating system reference and number, and year coating was applied. Paints not listed in the specifications shall be submitted February 2009 09900 -2 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 with certified ingredients analysis so that a complete comparison between specified and proposed paint may be made. 1 2.02 COLORS 1 A. All colors and shades of colors of all coats of paint shall be as indicated or selected by the OWNER. Each coat shall be of a slightly different shade, to facilitate inspection of surface coverage of each coat. Finish colors shall be as selected from the manufacturer's standard color samples by the OWNER. PART 3 — EXECUTION 3.01 COATINGS 1 A. General: Coating products shall not be used until the ENGINEER has inspected the materials. 1 B. Coating Systems 1. Shop Applied Prime Coat: Except as otherwise specified, prime coats may ' be shop or field applied. Shop applied primer shall be compatible with the specific coating system and shall be applied at the minimum dry film thickness recommended by the manufacturer. Approved submittal data identifying the shop primer used shall be provided to the onsite finish coat applicator and to the ENGINEER before delivery of items to the jobsite. Damaged, deteriorated and poorly applied shop coatings that do not meet the requirements of this section may require field coating, the field coating may consist of touching up the shop prime coat and then applying the finish coats to achieve the specified film thickness and continuity. 1 2. Field Coats: Field coats shall consist of one or more prime coats and one or more finish coats to build up the coating to the specified dry film thickness. Unless otherwise specified, finish coats shall not be applied 1 until other work in the area is complete and until the prime and intermediate coats have been inspected. 3.02 PREPARATION ' A. General 1. All surfaces to be coated or painted shall be in the proper condition to receive the material specified before any coating or painting is performed. No more sandblasting or surface preparation than can be coated or painted in a normal working day will be permitted. All sharp edges, burrs and weld spatter shall be removed. The following levels of surface preparation are subsequently referred to: 1 February 2009 09900 -3 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 a. White Metal Blast Cleanin g (SSPC- SP -5): Removal of all visible rust, mill scale, paint, and foreign matter by blast cleaning by wheel or nozzle (dry) using sand, grit, or shot. 111 b. Near -White Blast Cleaning (SSPC- SP -10): Blast cleaning nearly to white metal cleanliness until at least 95% of each element of surface area is free of all visible residues. c. Commercial Blast (SSPC- SP -6): Blast cleaning until at least 67% of each element of surface area is free of all visible residues. d. Brush -Off Blast Cleaning (SSPC- SP -7): Blast cleaning of all except tightly adhering residues of mill scale, rust, and coatings, exposing numerous evenly distributed flecks of underlying metal. e. Solvent Cleaning (SSPC- SP -1): Removal of all grease, oil and dirt. f. Power Tool Cleaning (SSPC- SP -3): Removal of loose material with power assisted hand tools. 2. Clean cloths and clean fluids shall be used in solvent cleaning. Cleaning and painting shall be scheduled so that dust and spray from the cleaning process will not fall on wet, newly painted surfaces. Hardware, electrical fixtures and similar accessories shall be removed or masked during preparation and paint operations, or shall otherwise be satisfactorily protected. Equipment adjacent to walls shall be disconnected and moved to permit cleaning and painting of equipment and walls and, following painting, shall be replaced and reconnected. 3. CONTRACTOR shall demonstrate that shop coating is compatible with field coating by applying small test patches of specific paints over shop coats. If the shop coat is not compatible with the field coat (it lifts or ripples), the shop coat shall be reprimed with a primer compatible with both the shop coat and the field applied paint, or replaced with the proper prime coat. The primer shall be as recommended by the manufacturer of the field applied paints. 1 B. Clarifier drive units shall be disassembled and removed prior to blasting or recoating of the mechanism inside the tank to prevent sand penetration into the unit. Drive units shall be reassembled, tested and started per specification 01650 after coating is complete. C. Metallic Surfaces: Metallic surfaces shall be reP ared in accordance with P applicable portions of surface preparation specifications of the Steel Structures Painting Council (SSPC) specified in each coating system. The solvent in solvent cleaning operations shall be as recommended by the manufacturer. D. Detailed Surface Preparation: Surface preparations for each type of surface shall 1 be in accordance with the specific requirements of each coating system. 1 1 February 2009 09900 -4 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 I E. Existing Coating Systems g g Y 1. Unless otherwise specified, existing coating systems damaged by new 1 construction shall be repaired and coated in accordance with the appropriate system specified for new work. I 2. CONTRACTOR shall demonstrate that the existing coating is compatible with field coating by applying small test patches of specific paints over existing coatings. If the existing coating is not compatible with the field I coat (it lifts or ripples), the existing coating shall be reprimed with a primer compatible with both the existing coating and the field applied paint, or replaced with the proper prime coat. The primer shall be as 1 recommended by the manufacturer of the field applied paints. 3.03 APPLICATION 1 A. Workmanship: Each coat of paint shall be of the consistency as supplied by the manufacturer, or thinned if necessary, and applied in accordance with the I manufacturer's written instructions. Each coat shall be well brushed, rolled, or sprayed to obtain a uniform and evenly applied finish. Work shall be free from "runs ", "bridges ", "shiners ", or other imperfections due to faulty intervals. I Particular care shall be taken to obtain a uniform, unbroken coating over all bolts, threads, nuts, welds, edges and comers. Further, all weld splatter shall be removed and all welds neutralized with thinner. I B. Paint Properties, Mixing and Thinning: Paint, when applied, shall provide a satisfactory film and smooth even surface, and glossy undercoats shall be lightly 1 sanded to provide a surface suitable for the proper application and adhesion of subsequent coats. Paints shall be thoroughly stirred, strained, and kept at a uniform consistency during application. Coatings consisting of two or more I components shall be mixed in accordance with the manufacturer's instructions. Where necessary to suit the conditions of the surface, temperature, weather and method of application, the paint may be thinned immediately prior to use by the I addition of not more than one pint per gallon of the proper thinner. Unless otherwise specified, paint shall not be reduced more than necessary to obtain the 1 proper application characteristics. Thinner shall be as recommended by the coating manufacturer. I C. Environmental Conditions 1. Paints shall be applied only to surfaces that are dry, and only under such atmospheric conditions as will cause evaporation rather than I condensation. Paint shall not be applied during rainy, misty weather, or to surfaces upon which there is frost or moisture condensation. During damp weather, when the temperature of the surface to be coated is within 10 °F I of the dew point, the surfaces shall be heated to prevent moisture condensation thereon. Bare metal surfaces, except those which may be warped by heat, may be dehydrated by flame- heating devices immediately 1 prior to paint application. During painting, and for a period of at least 8 February 2009 09900 -5 Durham AWWTF 1 517- 03 -09 -21 Secondary Train One Rehabilitation 1 hours after the aint has been applied, the temperature of the surfaces to p pP � p be painted, the painted surfaces, and the atmosphere in contact shall be maintained at or above 50 °F and not less than 10 °F above the dew point. Paint, when applied, shall be approximately the same temperature as that of the surface on which it is applied. Fans or heaters shall be used inside enclosed areas where conditions causing condensation are severe. 2. Paint shall not be applied on surfaces hotter than 120 °F. D. Protection of Coated Surfaces: Items, which have been coated, shall not be handled, worked on, or otherwise disturbed, until the paint is completely dry and hard. After delivery at the site of permanent erection or installation, shop - coated metalwork shall be repainted or retouched with specified paint when it is necessary to maintain the integrity of the film. E. Method of Paint Application 1 1. Only good, clean brushes and equipment shall be used; and all brushes, buckets, and spraying equipment shall be cleaned immediately at the end of each painting period. 2. If paint is applied by spray, the air pressure used shall be within the ranges recommended by both the paint and spray equipment manufacturers. Spray painting shall be conducted under controlled conditions, and the CONTRACTOR shall be fully responsible for any damage occurring from spray painting. 3. Care shall be exercised not to damage adjacent work during sandblasting operations. Stainless steel shall not be sandblasted. Blasted surfaces shall be coated within 4 hours of being sandblasted. All dust shall be removed 1 from the surfaces prior to painting. 4. Where multiple coats are required, each coat shall be of a different color to ensure complete coverage. 1 F. Film Thickness and Continuity 1. Coating system thickness is the total thickness of primer and finish coats and does not include passivators or sealers. 2. The surface area covered per gallon of paint for various types of surfaces shall not exceed those recommended by the manufacturer. The first coat (prime coat) on metal surfaces refers to the first full paint coat and not to conditioning, tie coats, sealers or other pretreatment applications. Coatings shall be applied to the thickness specified, and in accordance with these specifications. Unless otherwise specified, the average total thickness (dry) of any completed protective coating system on exposed metal surfaces shall be not less than 1.25 mils per coat, and the minimum thickness at any point shall not deviate more than 25% from the required average. Unless otherwise specified, no less than 2 coats shall be applied. 3. In testing for continuity of coating about welds, projections (such as bolts and nuts), and crevices, the ENGINEER will determine the minimum conductivity for smooth areas of like coating where the dry film thickness 1 February 2009 09900 -6 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 has been accepted. This conductivity shall then be taken as the minimum required for those rough or irregular areas. Pinholes and holidays shall be 1 repainted to the required coverage. G. Method of Mortar Application 1. Surface should be saturated surface dry with no standing water. 2. Scrub mortar into substrate filling all pores and voids. 3. Trowel or screed filling and consolidating to produce relatively smooth, even surface covering all exposed existing aggregate. The contour at the top edge of the weir wall shall be maintained. Under no condition shall the finished surface of the resurfacing system at the top of the weir wall interfere with the invert of the V- notched weirs. 4. The mortar shall be applied at a nominal thickness of '/z inch or as indicated by the system manufacturer's written and approved application instructions. ' H. Cleanup: Upon completion of coating, the CONTRACTOR shall remove surplus materials, protective coverings, and accumulated rubbish, and thoroughly clean all surfaces and repair any overspray or other paint related damage. 1 3.04 COATING SYSTEMS The coating systems used for different types of surfaces are listed below and followed by specification for each: Surface Coating System Primary Clarifier No. 1 and B Secondary Clarifier No. 1 Mechanisms and Scum Collectors (See Reference Materials) 1 A. Ferrous Metal — NOT USED B. Ferrous Metal — Submerged 1. General: The surface shall be pretreated and painted with this system. Coating shall be field applied. ' 2. Preparation: All metal ferrous surfaces shall be sandblasted according to SSPC- SP -10, "Near -White Blast Cleaning ". 3. Coatings a. Tnemec: The prime coat shall consist of Tnemec N140 -1255 to a minimum dry film thickness of 3 to 7 mils. The finish coat shall consist of Tnemec 140 Pota Pox Plus to a minimum dry film ' b. thickness of 3 to 7 mils. Carboline: The prime coat shall consist of Carboline 561 LT to a minimum dry film thickness of 4 to 6 mils. The finish coat shall 1 February 2009 09900 -7 Durham AWWTF ' 517- 03 -09 -21 Secondary Train One Rehabilitation 1 consist of Carboline 890 LT to a minimum d ry film thickness of 6 to 8 mils. C. Aluminum in Contact with Concrete and Dissimilar Metals — NOT USED 3.05 PIPE IDENTIFICATION — NOT USED 1 3.06 COLORS A. CONTRACTOR shall submit manufacturer's standard color samples to the OWNER for selection. END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 February 2009 09900 -8 Durham AWWTF 517- 03 -09 -21 Secondary Train One Rehabilitation 1 1 1 I Reference Material 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (THIS PAGE LEFT BLANK INTENTIONALLY) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 1 \ IQ25G 101 \ \ I // / / 1 04 9i E.CT ROTAT1 0, TIP TR[SSSO - F E ED INOF ? 7 -M I .- ,` GEV-6 `Z ANCHOR BOLTS TD 4, TANK I :i F , 11 - , ' ` A�DL. ,�``11 -\ : CONCRETE EFFLUENT . PLATFORM OSiTAU5R ■ —/� �` FLUME " - `` t (360 \ �` 1 CONO irq• r ?• d- `\ ��1/� \ ,i Wrn,, C @ MUST 8 / Alta* " N �fl arER , \ %THK.GAL�l. STEE CHECKERED • I i ,,,101, {ZS"Tlh• `+ IN �0 SCUM BAPP DI PM FLODq L PLATE , � . f �� , 1 11. : II i• ,' h : 1 II `f it / ii':idB''d i _ __ _ /' if► 42*,,,, ae 2 �� r E =WS MEM 'ft�`�. �i 1 o — __ It - -- II NMI. k I I I 1 — -- o l ryjy PaxY TR $ TYDB BRIDGE IgTpY , �,�CeC / ' H 60 4T DRWE ASSY SCUM B \ � - - f ;% WEIRS BA D _ LADH µh ` 1' N FuaS 14; �[ t � J �� • _ CLARIFIER ( ; $$ , � ' - 1F'vo¢T Nir . 2 1N T 1 A � O s D 00 ��1 ~�� F11\T4@✓O WELL. PIl Y' 42 "fNeLUGI j + , D T1P PLOW BtADS ' (�� - 1 'T CLA2[P R 3 s h` 'L ' - ' • 1 3 I ,�� y � ,� ` ; - SE DETAIL. V 102 • '�{ (, . ��, `;� - \ , T fP1[AL PLOw BLADES _ - • i p -'" / - �� f SQUEEGEES / I Jl . . • �i � "\� PLAN View . 8 54,0. • .1 U — `I \1 \ �� . NEW, PRIMARY c 4aR4FIER N43 �A,Iv -p { • � Tu6H .". DETAIL -A ¢ � � @'..B'WiDS_SOMMER • . '6EE r ' .. i .' . g• + _ - ASSEMBLY i O - . . A ' . TOP TANK & LL. 1 C • • ELEK168ODI 6-O WIFBESCUM BRIDGE SAXE ; ; • • • - � . • .. TRONGH 4456 DETmL= Di02 - - .' INFLUENT WELL COVER .. . ' .. .. • y - . C' ODER COVE R D DIOONAL BRACED �" ' ` NOT eir'ENVIR�[ OVER L�RfL4lA�IT . •' E S - r v :o OD61i CA FLUME -NOT 8Y ' ' i \. _ t ENVIA E X . l`. ! Y ' C ' �_�� ®� ®r��—A��1= r�itmi∎ ®�_� �JIMMNIIIII, ® . r ' 11, MAX. WACEA SDR ACE gLyy� 66.1 r WAL E+OI� K J � . I O I 6TA11 1 riwC. �l�4�` i7��li��ii�'/ ��A0�1 •AIMIM1�l/..��'��.®rdh>• { �t � i 1 ° QLEV.> A t r' • ►r�v�xt '�1 �� I ® / ®rrw�r��`[�a.rw..ar�rr— — _ai��i[�." �o _ I n �� SCUM O . . Ng� M r jam _,. _ 9[I�IiIII[�'s —r • ' - ' �� " D ' WItTE SN H DfA 0Ti0 Ci0NA4. .. _ . . SEE. w CGNTER PW .� � I I I - ' ' -� r f ■ TgOUGN + u .SJ BAACG _ SEEDET AIL'C.IO2 - - 70 , _ ' ' ' _ . BS B - 68E DS ./. OarAlt . ,1l� �� O ¢ QF 6ROUi • TIPTf(uss O O �t�?fis ►� 1 couNZeRvaSlGxlti �: • i, l113Y. — I� ,. _ „e 154.5 • A•IFTiAME O ZA l - O e 1N 5 :' ® \� cEwr RGSE SiARTER • . _ : 51. iikh„,___,....__ __.- .ii r A_ • M C L' ❑i A PO Tri,55 • l .., • ,. . srA S4 �, .. S i . • -l � �® ' O $ • CDNiGRR.� t ki Y` .: -. - -._ a -, • e ;�`— ritiolvii____Tou, ' • 1 : ' TIP PLOW !LAOS . �r . 441ROUT. TO BE SCREEDED • • IN W/TH 114E MECHANISM -- . ..--) '•• - w - [ 1ZASIAL PL pv/ B�(�q. DE ® O I / . A s e: � . . � ,> . -e, ��® 71 3EE ETwII_ �'.: ' sj SWrG6 _ ' ' • — O = � r.,, , ` i s , ' t5 : DWG W/TW !025 (02,- 10'.}, -10A 10 { . 1 • .. . eIrEJOW!R Ar u12i7 !R[[7[ED .. .. i D p ItItDR4W - - • E oOat** C.oNTRACTOR . %KC, ` w . avae[s.t4[as enema area no' i ' . . � � • ' '. ', _ 42`LNGY; � - - 7 7 GENERAL . ' • . . t' -. • TOP OF.COMCRfrTi5 BAsH' winaw= DURHAM ORIcGON., r n�ci ice.. s vre PI, tJ . ELEVATION FOR • . . .: • " . - - BLEU, 14 8;$9 ' ' . - - . - ,. rt.a [[e. o • . . . . _ oo[re[iti •CWC NOR:1 tJG: ENG14:dr , h � . . � C.1) ti60NT' 15.0-C! PIA. _ • iotwi[�i -ui rnwirf.acaetvm -.: - orF CI C • i f-t@ • [n L[ - 0[n7 1 1-a` 1894 . ,m � N w as ali [ «n, M ►Mt 17.11:111A.-: /'bWOK - all• �(�� ;0..6f' • t' - 1 1 [eDL • t' i - u wYlFlf7 ar r.7 . : 01B 2 [Dx7e:.: .: is .. � • r4 �taav7mlr reii'� 6i1 .. Ifnll. ta m lr a . I` - • _ • • • 1 2 3 4 5 6 7. 6 . • • / 7` LIST OF COMPONENTS mrnme ev ■unw. • ;min "'/ALK ° q Y BRIDGE 72-lO �2 't., ANGNORS 7D 4, TANK ,0„,,, - , ALL Oa}iw ARE FERAL ORDER w, / • 1pX Z�ECIr1ED • ,,,,o,,,,:?./0,, _ t- 1 W EIRS SCUM BAFFLE FLOCCULATING WELL , ',O 4F : : : .,, cJy1 ° . 1 F r �y _ SKIMMER MECH DUCKING SKIMMER ' _ AN ISM WRH ) F t, MOTORIZED scum R'STAINLESS 1 ` lArt---2-1- PIPE ACTUATOR (8) BAFFLED i t - Sc)M PORTS - SKIMMER BLADE I� - /20,CP _/. `• ► r 1 'WALK TNRU muss' TYPE • 2=G" HIN, CLFARAUCE . `� J ' ' `� ` �r e VO , � �,I YI I i 6R1041 WITH 48' WIO N.AGAlK AROUND DRIVE D ` 4 � rI'� PIVOT FRAME CMl:b FLOOR PLATE WALKWAY ,�y y o. - - G1��QtY - .. - `' E - t ■ _ ?� lR � G � ?� nu FRU55 • • -( 1` r ®!� i , - ._. rI� ` ��. :E; \ . _ � ®� �� ,� , �/ tI r C 3.1111i.: i mm R sIDE) UN C S E • irAmikN j� ®ii i �i� �� `� � � �— • i S K I Mn E I! G � 1 � -''"" ` 1111- * - * , .'. , , q - _ . - _ - • • 1 WSDPPORT - >�� OfS PER570N � r • 8 SBE OETAII,i �I a WELL SDPPORT t " WBLL KNE! 1p S • •• ... . .:•.-• ...IIRACt', • ��./t; �� CHEA !}TARTER TR{rS3 ! . • � �'^ O ER' UPPORT)- I / r p • lr FWCCULATI w . ,. Ullf TVfiE H ISADE } • ELL R 0 p • tz • S TR S BUP ORT '} -41. C rdo �t TRIl35 .. � i • 7 NEAD . • ER P S PORT CpUNTER welGHr PL r AES' :P id VY P F V E 0 CONCRETE S A$ .. - • : 4 � .a• fF V 1 t$ IG 3! I C . • • �'rRUSS .R • - • . R If:E • TRWi$.BftlOSE ? . - - BR OG WALKW i. .d E!R$IgIRNDiED ,. EL�'V. l6GE7 !_l 6RtD4C SPUCt . . -. ��•. '�''> flKtPnoNLrlOtlo' :F ALUMINUM t. ' •HANORAI '''E1 'C :' SEt L IMlCflflN , OILyKI ET - 5 It lr 1 I • N _ _ rRai DaK ofto . . e � eo ;l E x 3 R • M X A ATE W ® Al RS Pi I C 9• 8» .:� � � �O�B T - - � � vA .. -_ � .. is s n E a ". • , •'� � � ► 1PV SEE DETAI rYPOLYDRl INANE FMN' • .1 % .4 R .. 71= = ,. R ••• a e � 1 i [i i { = r ii aremoea�® • . rc SCUq DROP • ; 's ..:, .. i .. . . . , StumER R preRTED J .M -O DM. - •• .. ; .v .. p µ 5 . .... / I/ l5 — �e 1 • f ••. B BE6 DET AI m KIMHER GUIDES : p Q IS P P.R SI ON f r� '. • - 4 SCUM PfPE `..W itf +PORT y Hplt► ., sae Ofr 6 ° D ! " _ - . v : / Ttt TRfpS WIE[ !IR ® STATE! J '- .... ' . • ..57ARrl7t.TR1/4S ,. �-Y e ++ 96'�etNTERPIER � ��Ia1sy a s.' � I � '_. t Y . . CROTeY .', �, rillffirgarriPArdriPAMME1111iiikk!Ilia. P SKiMH�R'StIPPDRIS " - . . 1 !R t1 OF Of7T *' . fNlE. READE .. . ` 8 = d' t : UN t N (: l; R � Hp> itA V. 144.610'_ . , • r .. NOT QIP s - .. •- �� . . , ... r ' � 40 25) EQUALLY SP Ea • rA � ?'. • C ACED oR {PIC S Q2 -L- ., • '1 CI . D E fL ECM A ' . ':..61. IL ..:. . loe R TNf W . . -- ., ._ •. .�. _ »uo _ .. NIOt'!1{ -r0y •pb•IOS =lob tlllrllpte }RL[3 ,IEC ©T leL �. K S p A: NRT •♦Dlt �•ff1) (� S • • .1Rg1RCEe iatzei m • 1 m i .am aitclnrt. COMM aett - A 7 � 1 R ` .. ... . �.. i :•.•:'• -: -`. � ORS'. a •r . ki. NCO pOgllr ,ine.. - MRR 1' - \ GE A _ ARRARfi$Mfd'M!' • 4 1 IErL E U � NT ' Hie •ee:. eei:ri I ew' RH M O Ri � • .r<. RE TURN U 1 /K 1i 'el _ R¢e1Ii16 . (. C t4b'L � • I •. {E%16 N • 4 e+ TO V F L S[ODIi • dC � Rf � f .Y. we ar a . eAll LedITLN. lgiellr! ® eEl '. jl• ', is a ^ ... - , ID WM NS N ti HOtRAY � :OUt:K1N4 �ltM imlu S!U E �S� a/r we ,. R AND''' , ea . .... ... '• , ® : E Tt �4 ar E U N . »ft elM7lea 7 >E 4 • 3� •s ! R • d ei: } , • RR:msn is an II D .o. aRr - OrD ' 1 D F : " 4 : t 4 J - L •k1 , .. - • ., ,. . . ., • . 5 l� '`1 t', A „ n ay � . t IA ' . .r, , : 1 ^ M : . t t� s ,.. -., -. �� '• . •`�' .::' _ ti ".' ,Svf•' 'M i. •« {'•• , • •'- :.:l:.. y:.!.,, %;•..�;'. a,.- .:? ,ya•:'�,:lt::•:>' •.:' , :tLt ".'..2L':.. , • . . , , . +.., : :.� .•. , r e. _ - }.. 3'•:�F.X -.. � -YYw^ni�i _. �.. .,+r.•.:- •Y.. � - .u..t�:•I -..._ - a . -w .,.r Y. ..- .,.a Il i.. ...w..•- ,wL.Li.,'i•..,_.n ,♦ .. .n •.•. r,., ... .. ... ... , ->... �E. .w 4 t. .,..,uw •J,.V• -i r. ... a�.rrh" ' �... -w:-, w_.:.0 -'. w.`. "wr ' ,+l n • • • 1 1 2 3 4 i -- —_ 1 • • • 5 6 7 Bog- ^05201 I f 1 I— 4 -8 • W6 X13 NOTE; DATA - 1 i 1 1 FOR OME ESIGN HC IS L I MIXED RETURN ONI TUB W III I 3 "FULL HEX NUT LIQUOR RETURN HEADER t7 I TQP OF BRIDGE r { 2,4.* A • { ¢ . WALKWAY R • 4P r- = FRIDGE PLAfFORM -I ! � Z � SCH 40 AL Un1NUH .., \p" O P , - a • F ELEV. 16!.27 I 4 :2' Ij TO c HANDRAIL - `\ v I T OP OF CoNCRErE ♦� a o c ,HOT DIP GALV• HANDRAIL 1 IMPI � � Z $ ,�`'� w p �o 7 ^ = CHkU FLDOR re) n �° ELEV. r6o.3J ° Q°? a o .LL 0 a o w o °w x n - ` ,3'ga a ° o F 1 - — L , W- JY W Y . • 4 =0" WIDE TOQ OF CorJCRETF - t `i� WALKW 70P OF u l7 � ° 7i 1 _ o UM - StA� W MAXIM ` 20 l5 LOT43.3 1.245 ELEV. l,O.3!'•* x Q'7. 5LAB J6O.31 i! •' i - 3 " FLAT m ..--"i• is - W ! 1 MINIMU - 3.7.5. 9' P • � * a WASUER ^a,3Sv q i = _ ` • AVERA (DESIGN) MAX, MAX. MAX .. ' ) • : d Z91.9 �' m-__-- - \ ° �°• NN II • =w ILI Q HvD RAULIC PEAK n'Ns v • .. Lt_, a a 17. =ti TOP OF Wen? I _ ti IQ .: Q - O DRILL( "D1A• G �f4 DEEP H OLES IN WA LL` \ -� MAX. WATER I y DETAIL -� REre FOR 3 /p'DIA- X 10'/q" SfN, - • E \ imiL11111116,01.111011111—.F2 F' 1 • SURFACE ELEV.766.50 C� HOLLY PARA CAPSULE ANCHORS E • ' \ y -i ,_ o ,, „� v or UO CN z. /-.7.1 CONC (FURNISHED BY ENVIREX) L U 5114S" I \ 72 10 t. TANK • i sse DETAIL,{® DETAIL -® 1 a +'L 1. BRIDGE MOuKITIN6 1 - \ I , 3 -1« - - D DE, VIEW • �� --, ., DE1-<...-''A I 800 FLOOR PLATE D b "X4 Ir9' ! 1%� N P5 2 ' s 5 "GA ? $ 8A \ • ` �I �-'v SPLIC6 ,�ti` . . • • 1 « • V MTVH@ N6AOEf�� — / �� SECTION _ 36=0' DIA.IMFLUENT" WELL • I. X4 :� (HOT DIP GAtV,) \ 'qv.-- t . - • , BAR (N• P,6,} OHIFIGE SCLE VARIES �, ' C - 00 KlN6 WASHF• ,neY6R.t.a� aaF ') TANK DISPERSION WEL �4C + ,. 00 BRIDGE SPLICE I" ctEAaA rcE 1 ' - ` `° °'�°` �''O^ • j fiV1012/N6 R AD6 ! / D1A HINGES '1Ax•WATHR SQRFACE 1 . 0 DETAIL— - . = _ 12 - 0 - . ( :._ ; ><;_ : . — `ter✓ ELEN.168:50' • • • . 2GAOUT 4 )i a. `. /.• 1 ri ,� --• +� • _ - I I - f t • Ix CAGE - N BAPFLgO SCUM • i g or._ PORT SECTION 1 a. I" F1WOR ri I , • ■ II ,r UNITUBE I {EADEO� DETAIL CLAMP la B (usg2) FASTewERS t �f/ QIE ° APArt1) 1 - J° (8) 1 :0 x 3'lo" ` • S . / �/ . • _ SEAL lib f SPI�cE @ AO G AT25 H I AMR\ • 1 • • nrt �yy DRIVE RO y x _ - -- 6VATI0u 1G 0•i7' 6�iTOM OF wave WITH POR-ROX OR EQUAL 48`DIA CENTER PIER • • . - Rimy. I5'Y'70' NON SHRINK GROUT C . DeTaIL ZOI J� WAT , I� t111L - • a O • , t`Jtf2PAC6 EIFK 158 .8'0= n y � I�� *� /. WELDED' slag -. mi TUD OF r . • ►. , A C Fp EA *GVSTOJfER TO VE'RFFY 2L6 V. SHOWN A . cwaH�tR INC I - .. CHGIWRPN 9•'is - nz . WORK. TRIO DWG `et H 10266-801 203 -2o4 2b7 • � _ .. _ CHECKED BY .. <,c Y • 1' ,' _ vox Fl ° [71 • ' ° i p►UMY CEIR1<R ; REP 14? CONTRACTORS INCOfl RATES " tata++� ytt f !SCUMS L t GENERAL ARRAN6Ek1ENT ', . ' p16R' NOV t 0188 MAXWI+T titartali DURHAM /aa niaro[e...ag + , ,r�N MISCELLANEOUS $$ 1101 � ® �p�A Iwo Pm CWC -ND ' tu' i,alaa ' $+ . ®� _ �g I.GY. :J iXN1$OW ♦ pNOExctP R INC nutw,:ci:eeatoea � ase DETAILS �.FOFi' �� 1 �� ^ - � ,.YI EXCEPTIONS NOTED . cow/ worm, RIORia prim O "' r.' 'MIL t_ « ' wlrAtta ' ✓ '' MEANT DRIVE',SERiAOAR Y. �� .E/t:TAILJ' _ =. ; : j ) . D R OPORCORREmON, • s R R�URMff . - as,rd aMnNC MK nOw , • Dlp LAW TO _ - CLA*1FJ RS • NODIFfdAT1aR1 �' vs CENTER . . - ( ' 1 I� ^ IiwxcaN y t � . 37 YR'N y�� Twr • �( � Na+me rli � � ' °w aPe.V - lit • - �Ij LOG M r �� a7f 0i,< _ iT gyp- �g�p�• .. r _ _ . , • .. O 18 O - !I L 2 �Di N � , G SG + 1 y►. ::. rue . r .. ... ._ . .. .. S =f . S <• / , 3 - C 4 - - t y s.. .. .. ... ., eka. ... .. y; ., .: ':: �. .� ;r. tR o v a '' '•'T "t =eR_ .. `b �' -, _v -.. F..: -s. -h•. -. ..l «. . ..:�:.. a . �.. ✓� � . - . r .� ... -... • . a -.--.• .5..(.: .. ... .... ..... r ... .. ..... .... .. .. _ s s .. ..` .- .. - .. . i'•.: ... 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' Envi Mr b. REV. No. DFSd IRi[aN OF REV!l/ J- �:' aril DH RAIR(ESNA wl. 53187 PAM a IMI: NO. I ;MI DATE —..V -- - [ KR. islY I.S'LS9 PA 4 Rlnner0 Di v[ LOCATION Or REVIa10N WO R/1••• mo. I�ZJS IU256 -892 -I __ • i • • • • 1 2 3 8 II LIST OF COMPONENTS " """"° "'"`"` ` - . :iiloNSicr ° 1 025.6-o�2-2 • TITLE LLI LEMtk. ME nnµ MEANS. i;o ooj iE es Don. on- r • • IJ2.�.0 • REP. PMr ore. iYf4 NU!(R DE1mNPTIER 1 1 HOFFL At) El .CL, A. ;.� A:1 3u X24 XG A•3OH246LP 2 I HOr -FMAIJ SUB- PAt1EL 27 x21 A1 28 GC CULLCi.l1, 3 1 HUUAH iJ ltlrlfUW 5X3 A - VVJKS'.uF • F u H G 1800 R PM 1 4 J RE): NAMEPLATE 3 NMPLATE 14_ if./._,H -1 • I I�.J F L.A. &J I S I LALEL 11_.r F•O EH wT- 1o�l 4 I CU F _ '� °' /1•_U +LJIt 5 I ' c Jb i c 3 • CU :;rIT E1, r UnD L n 6EL 1, >. _, ,i0 12-I — F • I I 4 �� 7 _ I LAi;a H1 ':'JLI„ r4,7 1030 - 0 — 2 0 _- +IC123�r i �1� u • G KR •ate n 3P • J i — — — T UAT � k !U ! 34 -3U2t / C 1�1 6vR � ISn Ev, ( - 10.251 (� 1-, Jh +r.Tr_„ _ _ r� F 11 1 -020 h F0 ._ �3LUCK 2P eUUv L I \'2 } • j 7-P l 2 ' I 2 2 PU : _ FV,E la 6UOV f'/-1 5 —R :a \ s I - I I I 343- c I _xFM� r$_JVa 1 1 34 FUSE 61•UCK 1P 2 Ui V . •1 +10:.17 = _ ( c � E µ. I . UV I I_ f�l Il 1 rr E�FA_�. E / If"1 t 11 ilk - +1 �� ' 1= 1 _U1S LSa yJV N-R .i^•� / i Ca ' .. 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U M 4 FWD' CErttEF R . .. -1 !f 29 2 J,Z,- tI9 -I ENO [7_.iN Ps 4— uo, 1 �. I �'2 27 ---.. 5U W 1 3U05 - I MOOS 1 J IIvG TRACK p 31 1 3.3- 1 UJ-J0.1 JUMPER 1 39 DDK I 1 I FUaw th -t w11- DUCT iE -32 6' 343- 220 42 I 138 (,,-;:) I 1 `= 2 313 -12 i �1 33 5 3,4 3 - 9002-f PILOT L • I 6 3 39 � ; I I I 34 1 3-1 3 - 12009-1 LENS wH. 1 TE I Cj JG -1 LUIS. P£D I t L 1 `t 27 ` 36 I 3 120��7 -I LENS GREEN I _ IQi 1 BOTH SWI Tr HESU II I i I y 2� C£tJTE � GJSITI J N I $E£ Iii TAI i81I27 Zu 2S .iJ _1 I IUC6 - 892. -2 I 1 1 �. ), )�_ I , / II +) I I I a- - - -- -- 37 t 343-120J - LENJALtgSR 1 � + ( +i 3U 38 3 343 - 16002 -1 PU$HBUTT jN ()PER BLACK • L 31 }RUN C9 5 343-30U7-1 COr'I TACT BLOCK I NU•INC f L i G I 3; IDJ -1 CONTACT BLOCK I NO C q} : r 1 13-I jUGEi I Sc L. SW 3 P.Ju (M Dili j }CEs.iER 1 ?crj t2JJ-I LEJEFI (BLACK} I 3S J 3 4 ;S SC REV1 3/B 15 x °ia y$ 4 4 44 4 $$ LJCKNUT 3/ -15 {413 U 4/414c ate - TL "c)Aki. X HANGER CLIP 14j I J22 - 1•��, ' 37 1 4 4 BY £NVIR £ r_ I { 1/4 -2 �_ 47 B y5 SCREN! 0 x 314 '� } R'A^ a 417 B SS LOCK MIT I/4 -20 ' /'1 DETA IL Tyl I I _ I I i 4,.i j I $ET IJL i7 LM£6UNEND5 r1G PLATE . i ee sracE t AtIR sc, . ,rY , "'crnr B , , .... Ae.,..n c.......3,,,,,,-.0 S'+p�-E1L FOR... ENCU G(,. [ • r . -KDR. INC CRECKEO BY . ,FIE • • nu Isl • NOV 101989 i O NO IXLEPTIQNS NOTED • • A i o EXCEPTIONS NOTE) I ® RETOgNEO FOR CORRECTION RIM,. a' PESURMtT I . • A • RIKICIpn IN EEcCD vein SPECIFIED ctr. NS, 53Ur6 I I�L� railuwas win oT.rwRlx Srectnto pm,. CONTRACTORS INC. rtni I -- to wEE PL": PLACE EEt.•.ai ottaC r. Lo no. DURHAM, OR LAYOUT FOR SCUM ns exgm COLLECTOR CDrgIPENTIAL•ALI, gICNT7 RESERVED SCALE iCF Puma MNIE PAOR .. I Loo. a W. n uv- N0. Nlcw P e. '4.4 O ;MAO - a R �1 aIl RAUCVU n.SSrgT PPm a pmai MD, DAWN DO. 11e1tlNPrtOM a REFIitON i„tE R It i1f w.1s1Pn tttr. n Rl t ° - ' °T•D HP•o F 10256 ' 10256-8 =, -2 71.22,4 Isfit r� `_ WASHINGTON I PROJECT / N LOCATION I II TIGARD i� c I C1 eanWatServices PORTLAND • SALEM ALBANY LE Our commitment is clear. C, C°R"A`L'S LBANON I O / • 0 Contract Documents U '1 for Q i 4. ROSEBURG II I OREGON DURHAM ADVANCED WASTEWATER TREATMENT FACILITY GPI: I • MEDFORD • KLAMATH I SECONDARY TRAIN ONE 111Pw — FALLS REHABILITATION PROJECT i u REKA 0 CALIFORNIA I II • PROJECT 6391 \ • REDDING DURHAM FACILITY VICINITY MAP FEBRUARY 2009 PROJECT LOCATION NOT TO SCALE C 16580 SW 85th Avenue C I ° Tigard, OR 97224 2 INDEX OF DRAWINGS ° 3 0 N N v SW DURHAM RD 3 G1 TITLE SHEET, LOCATION MAP AND INDEX OF DRAWINGS a SW SHAFFER LANE y g G2 GENERAL DESCRIPTIONS, SYMBOLS, AND ABBREVIATIONS g a Q ❑o ■ rn %0:;-'0 \,. � I R, Cl SITE PLAN , / N • a� C2 PARTIAL SITE PLAN D201 CENTER CHANNEL DEMOLITION g -9.- W S201 CELL 4 OR 5 SECTIONS AND STRUCTURAL NOTES & ELEVATION S202 CELL 4 OR 5 SECTIONS AND STRUCTURAL DETAILS a CL I 9 N A I I I a Q• TUALATIN LOCATION MAP z NOT TO SCALE I _ ', 0IIM f E "' Ci 9 0� 7 PIN VLF DATE: 1/21/09 CLIENT LOGO: PROD NMI SHEET' OF: ] DING , � W E S T Y O S T SECONDARY TRAIN ONE 7�V " D•W: RAP DWGFI G1 THIS BAR IS ONE INCH n d6Cr � REHABILITATION PROJECT I Dg"a 2/20/09 • GNK: CAD F 5,�oa.osz,roo, M WHEN DRAWING IS FULL Ow Aar. WO a; Ny°M9a TITLE SHEET, LOCATION MAP, .0: G oDA /E PEtt9 -- • PRaj I SCALE. ASSOCIATES T•aw�• CEP SCA A RE F. S NOTED REV• DATE DAN FD DESCRIPTION 155 N. FINN Avow/ Su•• 270 1Wonk Oregon 97,24 C Eng;mer, FAX(003 AND INDEX OF DRAWINGS ao t 6391 ENGR sw.qp, I ExiniES: 107no I I PIPING DESIGNATION, SYMBOLS AND ABBREVIATIONS VALVE DESIGNATIONS AND SYMBOLS LEGEND NEW PIPE ( PIPING SYSTEM SYMBOL AB INFL AERATION BASIN INFLUENT / SEE AB B REV IATIONS p D ANAEROBIC RECYCLE THREE WAY VALVE N CHECK VALVE ...1E1_ L IN O -LINE. SPRING LOADED RELIEF VALVE NEW u 6' LPA HPA HIGH PRESSURE AIR > GATE VALVE T NOMINAL PIPE SIZE LPA LOW PRESSURE AIR (NORMALLY OPEN) , _ BALL CHECK VALVE ----- EXISTING ML MIXED LIQUOR MLR MIXED LIQUOR RECYCLE 0.4 GATE VALVE ° PRESSURE REGULATING EXISTING PIPE 6" LPA N NON- POTABLE WATER (NORMALLY CLOSED) -- D4 VALVE j // DEMOLISH PLUG VALVE ♦� PUMP DISCHARGE VALVE • (NORMALLY OPEN) : SINGLE LINE DOUBLE LINE SINGLE LINE DOUBLE LINE BACK PRESSURE CONCRETE NEW WW PLUG VALVE REGULATING VALVE , —� m `I FLANGED JOINT _ ICI 6 �� E XPANSI ER AND FABRIC T (NORMALLY CLOSED) GAUGE OR ROOT VALVE l� t�CPANSION JOINT CONCRETE EXISTING _ BALL VALVE PLAIN OR GROOVED END II EXPANSION JOINT • (NORMALLY OPEN) Ti I KNIFE GATE VALVE SOLENOID VALVE �' 0 , MECHANICAL COUPLING J V II I (SEE SPECS FOR TYPE) BALL VALVE GRATING III (NORMALLY CLOSED) N FLAP GATE X DIAPHRAGM OPERATED x.0.01 : �. PUSH ON, MECHANICAL .. • •. • FLEXIBLE METAL HOSE --f -- 11 a y OR BALL AND SOCKET �'�'�'�' I f I BUTTERFLY VALVE VALVE JOINT 4 BALANCING COCK j 0 C I j/ STAGING AREA j II = —i, ELBOW UP 1:11111 GLOBE VALVE —I-- {1 I Y WELDED JOINT PRESSURE BALANCE pa DIAPHRAGM VALVE CIRCUIT SETTER OPERATED VALVE C c [1] --- ELBOW DOWN F LEXIBLE • COUPEXILING ANGLE VALVE pfJ THERMOSTATICALLY PISTON OPERATED VALVE I �11L h 'III TEE UP LJ CONTROLLED VALVE ddd444 = _ . RESTRAINED p FLOAT VALVE + - : _ : FLEXIBLE ^ PRESSURE AND VACUUM irja- CHLORINE INSTITUTE 6 COUPLING - TEE DOWN 4._ T CONTAINER VALVE PINCH VALVE RELIEF VALVE I _= ADAPTER COUPLING I @ I _20 1113 LATERAL UP - • NEEDLE VALVE —4 VACUUM RELIEF VALVE MUD VALVE RE O STRAINED FLANGED =v LATERAL DOWN COUPLING ADAPTER W KI DOUBLE LEAF _ CHECK VALVE PRESSURE RELIEF VALVE i (I) k 0 Q GROOVED END ADAPTER —[>1 REDUCER FLANGE _ I y STRAINER —ill— h L `I UNION ECCENTRIC REDUCER I STAN DARD ABBREVIATIONS SECTION AND DETAIL DESIGNATIONS i • A — AERATION AIR A.B. — ANCHOR BOLT LF — LINEAR FEET (1) SECTION CUT ON SECTION DESIGNATION Ail ry AC — ASPHALT CONCRETE LT — LEFT DWG M101 AFF — ABOVE FINISHED FLOOR MH — MANHOLE $ m BC — BEGINNING OF CURVE MIN — MINIMUM Ml 02 o BFP — BACKFLOW PREVENTER OC — ON CENTER I N BFV — BUTTERFLY VALVE OD = OUTSIDE DIAMETER BLDG - BUILDING PB PULL BOX APPEARS CF - CUBIC FEET PD PUMP DISCHARGE (PIPELINE) DRAWING WHERE SECTION CL or C L — CENTER LINE PL or P L — PROPERTY LINE (2) ON DWG M102 SECTION DESIGNATION 8 CMP — CORRUGATED METAL PIPE PP — POWER POLE THIS SECTION ' N CO — CLEANOUT PVC — POLY VINYL CHLORIDE Ali IS IDENTIFIED AS: • CONC CONST — CONCRETE — CONSTRUCT PVI/ PCC — POTABLE WATER (PIPELINE) — PORTLAND CONCRETE Ml 01 0 N CONT — CONTINUED R — RADIUS DRAWING FROM WHICH CP PVC — CLOSED PROFILE POLYVINYL RC — REINFORCED CONCRETE SECTION WAS TAKEN CHLORIDE (PIPELINE) RET — RETAINING (3) DETAILS ARE CROSS REFERENCED IN A SIMILAR MANNER, DI — DRAIN INLET READ — REQUIRED EXCEPT THAT DETAILS ARE IDENTIFIED BY LETTER RATHER o DIA 0 — DIAMETER RR — RAIL ROAD THAN NUMBER. o DIP — DUCTILE IRON PIPE RT — RIGHT ▪ DR — DRAIN RNV — RIGHT -OF -WAY DWG — DRAWING S= — SLOPE E EC ECC — END OF CURVE — ECCENTRIC SCH SD — SCHEDULE — STORM DRAIN (PIPELINE) EQUIPMENT DESIGNATIONS AND ABBREVIATIONS EJ — EXPANSION JOINT SECT — SECTION • EL — ELEVATION SIM — SIMILAR EQUIPMENT IDENTIFIER FE/FIT FLOW METER EP — EDGE OF PAVEMENT SHT — SHEET I I I SEE ABBREVIATIONS BFV BUTTERFLY VALVE I EW — EACH WAY SS, SST — STAINLESS STEEL FCV FLOW CONTROL VALVE EX — EXISTING STA — STATION NEW EQUIPMENT SDG 5300 • EXP — EXPANSION STL — STEEL I G SLIDE GATE N FL or F L — FLOW LINE T — TELEPHONE 1 EQUIPMENT NUMBER W WEIR i o FCA — FLANGED COUPLING ADAPTER TOC — TOP OF CONCRETE/CURB I r G GAS TYP TYPICAL • GB - GRADE BREAK VIF - VERIFY IN FIELD EXISTING EQUIPMENT SDG 5300 GV - GATE VALVE W - WATER z ID — INSIDE DIAMETER W/ — WITH IE — INVERT ELEVATION d INV — INVERT w ' CLIENT L000 PRQINMff: SHEET: 2 OF: 7 DWG 2: r • D R / 4 : VLF D A T E 1/21/09 WEST Y O S T SECONDARY TRAIN ONE O DEN: RAP Dwo r G2 OREGON W jCes REHABI LITATION PROJECT M 0 THIS BAR IS ONE INCH l ^/ 2. I WHEN DRAWING IS FULL 1 8 100 � ""y°'° � GENERAL DESCRIPTIONS, SYMBOLS PLC ooh /f P5 °� c,nc C AD FILE At 51 7030921•Ca002 Our OO��ItMYf it slur W,s xoo pETE cv SCALE. ASSOCIATES T oepm QlOE2 • PRal CEP =ALL AS NOTED REVS DATE DAN DESCRIPTION 155 N. Re Avenue Sul. 270 110105040. 0.0.1 9712A Consulting Engineers FAX (603 592321 AND ABBREVIATIONS �S 6391 ENDS STA I EDOREG: 11 I .. s.w. DURHAM ROAD NOTES I m • 1. KEEP PLANT ENTRANCE ROAD CLEAN AND PASSABLE AT ALL TIMES. R 2. ANY EXISTING FACILITIES DAMAGED DURING CONSTRUCTION SHALL BE I F ` ` V REPAIRED TO OWNERS SATISFACTION. THIS INCLUDES, BUT NOT LIMITED TO 1 * SIDEWALKS, STAIRS AND STRUCTURES. I 4- 'I m � 0 3. REPLACE ALL DAMAGED LANDSCAPING IN SAME LOCATION WITH SAME • I SPECIES AND VARIETY. N d w ""�' AI 4. RESEED DAMAGED GRASS AREAS AND REPAIR OR REPLACE LANDSCAPING TO �� # I OWNERS SATISFACTION. c ::: *�— O 5. OTHER CONSTRUCTION ACTIV ES MAY BE ONGOING AT THIS SITE DURING Ai t 6 ( -:9 I THE WORK PERIOD. CONTRACTOR TO COORDINATE CONFLICTS WITH 0 OWNERS REPRESENTATIVE. • I I 'I ° ° �. o 100 200 I f f �\ SCALE W FEET I A { 1 Y O -� l it . ! / J SCHOOL R OAD I ° ° r o TO �BLDG.J o 0 0 °0 0 0 0 aO O ■ 0 0 0 0 0 ^�I O ° o vg Q O 0 0 jill I f r O y 0 00 .\ o � � „, � 0 0 , I I 1 o , I �1 M rL_n n:n n It? o � ' a ; _ ° °� __ $TA • t d 0 / PRIA4IRY d i ° I rr ._ / l I Y �� RV .. - , a CLARIFIER I CHEMICAL AERATION ` f 0 �.+ CHEMICAL I . BUILDING BASIN SECONDARY STORAGE l • RV R NO. I CLARIFIER • _ _ OQD O ..� '0 o I e No.1 BUILDING °. '+. r___, - - . —i .9 ° %off i - AERATION • I _ A 0 , BASIN ° RUAUyD1G ° • ,. ° ° ----- - i I L 0 \ 1 \\ 400 0 0 N0 3 . AnON 0 in; 0 0 O ; p � RSION ■ /; CELL 7 ° • Q ,— - 17 `w SECONDARY ° . o, O 0 O 0 13 STTZUCN'' N L:ADWOR ♦ R, o ELECTRICAL CLARIFIER s . f9 PRIMARY ° • �� N0.3 \ o BUILDING ,� CI,A ROOM N • N " : 0 e . i{ I No.3 t ° ° SURGE BASIN SURGE BASIN \ \ I A • i�i�Y L. NO.1 N0.2 , Illr N I ♦ y�y` 310 �7i�o' RCMD C' .° ° PRIMARY • Or 0 WEIGHT LIMITED AREA sPUr: o ` @ � N O. 1 i ° �`J .� 1 \.„, '`' / 1 AREA SHALICHOT BE USED ( 5 , ,,, , . i _ q + / ° FOR STAGING OR LOCATING i ° O � 04111 ? y,./ • o HEAVY MATERIALS OR �'" ` ° ° / EQUIPMENT. 0 - 4, is w PRIMARY sECavDaRY / (( �� U " � O Qi CLARIF � ' CLARIFIER , �� FI ¢ • . // / i / ; / • I I STAGING AREAS ' t / /�M No. 2 No 3 ♦ // / � f ,.�17{i/ ` Lv / / I- yy / �� %/ 7 ' / FILTER ^ /'• t I• I � I� n �/ O ,E BAaoyasN • � I � �� S ECONDARY • \'' IO 4/� ',7- - . r j � � ......:,„,;.>. v'� / CLARIFIER . � yyi � V BASIN I ,or P i O PLANT BENCHMARK N 640021.25 1 \ Lri \ �� FlER ° : .,�.y �" . � ofe /NO.T O 0 0 0. 0 12 E 7620604.08 s uaPORr • ° • °0 / / • EL EV. 156.24' I� ;/ FacI LITY „,,,y,r, i i �� LJ �, 0 j • r �� 0 0 i,, A �• ♦ 9urcDIN 3 / ----___\ 0 ; \ 0 I I i / / ��.� � R I _ _ \ III r , W * tYE /O CLIENT LOGO: PRa NAME sNEET: 7 DWG Y: U DRN: VLF DATE 1/21/09 WEST YO S T - S ECONDARY TRAIN ONE z n0 / � ` � ' � / � I F 12591. RAP DWG C1 _ THIS BAR IS ONE INCH (nwG�1yyL.eS, W1610 REHABILITATION PROJEC `' E ow. CAD FLEA 5 110 3.0921-0001 WHEN DRAWING IS FULL Our ees�t�Yat Ii ° S . *A O R PLC[ Cl c Oglf PETEP� SCALE. ASSOCIATES T..,°Yn, Oregon 9T062 CEP SCALE: AS NOTED REV DATE DRT APPD DESCRIPTION 155 N. F1..$ Avenue SON. 270 Iul.bor°, 0.90. 971 Gn -Inrg a.�; °...s rac i - SITE PLAN C a 6391 ENGRSTAM! I E%PRES:1an,n0 I III 4)— 1 X ROAD 'C' P o P 1 E FFLUENT FLOW QO N SPLIT BLDG. PRIMARY CLARIFIER , x N0.2 • °Q o ao 80 WEIGHT LIMITED AREA SCALE IN FEET AERATION AREA SHALL NOT BE USED FOR BASIN NO. STAGING OR LOCATING HEAVY 2 C CC X MATERIALS OR EQUIPMENT. � FILL HOLES IN 4/5 BAFFLE '\\\ . SEE SHEET S201. y PRIMARY I CHEMICAL --- 7 REMOVE CENTER PANEL OF PC1 CLARIFIER SECONDARY CLARIFIER / COVER TO RECOAT MECHANISM NO. 1 CL N0.3 _ AND UNDERSIDE OF SCUM \ ND. 2 �OR PI S E \ / / CELL # 2 , - I' ® DEMO 10 GATES AND FILL HOLES ELL 4 / AND CHANNEL. SEE SHEET D201. -� k . CHEMICAL / / CLARIFIER A AERATION 1 N0.2 �9,�� BASIN i F,y �%�� CELL 7 ` �■ FILTER CF /� �� ■ BACKWASH 4,0 �/ �� ; V BASIN y / / �i O O 44 / / SECONDARY a / / C \ 1 v CLARIFIER , ♦ 5 / � i RECOAT M ECHANISM AND < O N0 . 1 NDER IDE OF UM BEACH U S SC & COLLEC PIPE. SEE SPECIFICA 09900 I o / rr — CHEMICAL - 4I CLARIFIER I SUPPORT NO.I ROAD ' FACILITY de 4 10 d0 0 _ O STAGING AREA J ' y ° \\ A' CONTRACTOR MUST MAINTAIN ° a ` '�/_ GOLF CART ACCESS BETWEEN 'I.- o , \ \� SECONDARY CLARIFIER NO.1 p� , ` AND CHEMICAL CLARIFIER NO.1 , X \ o zoe ' ,,� ` BIOSOLIDS a +� 4....., DEWATERING ,,, o BUILDING "11. 41 4P / --... • 108 I I �tEO PN�FF W \y4, O'PR0F iOy I C LOGO: PROJ NAME SHEET: 4 OF: 7 DWG N: /r e Wn DRN: VLF 0A 1/21/09 WEST YO S T GsLCa SECONDARY TRAIN ONE DEN: RAP DWG# C °LOT 2/20/09 THIS BAR IS ONE INCH �SIIryi '�� REHABIL PROJECT �^*� ' d cNC CAD FI EN 51709. 0921 -coot WHEN DRAWING IS FULL Olc es�eldatbdNV. a°NN � PLCi �� c PETE SCALE. ASSOCIATES T 0 R9 E7 CEP scuE AS NOTED (603 )0 PARTIAL SITE PLAN CWS 6391 DOMES :,an,no NNGR: REVN DATE DRN APPD DESCRIPTION N. Flr�1 AwtutN Su11N Z70 NNN6as, OFNYp+ Y7124 Comvltirb Erb irrent FAX (0031002 PROJ t ENGR STM,P: I I r I { I • 1 ll l , r i n I l i , i i n 111 1 1 S I 1 1. n 1 / 1 1 , 1 1 1 1 1 n , I, 1 ,/ / lii 1 III CELL 1 111 }III I I CELL21 j III III IIICELL3111 PI 11 I 1; I ' 11 I;: 1 ; ;1 ;1 1 1 1 111 11 ; ; 1 1 11 1 11 ; ; ; 1 ; i X11 11 11 ;; , i jI ;!I} III I i •---.j,, • II — — III iII"''`— -- — -I i — — illi}I I r I 1111 III I , 1 11- -II,1 �M' ! - 1 , I I III I II I .1 I I I .111 - ..- i ce___. —_ __ 1 1 _ -;ii- -„ _S_- ___-- __ - -__ I i ( 1 I 111 1 1 i 1 I V - X Ill -- - - -- I i 1 o0I 1 1 11 , 1 I1 t l 11 ,11 111 -_ et I 1; } i I i li '• I M1 111 ; I I j i1 f,. i i Iii I 1,1 111 I. 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I t 11 I q I , 1 11 1 to 1 1 11 111 1;1 f 1 ,;1 II 11 1 Tijfl f 111 Ill 111; ; 111 Ill j ' } ' ' j III 1 ,' , ' ' ;1 111 , t 111 1 11 1 111 1!t I I , ,i, ,, I 11,1 ,11 11; I / / J 1 1 1 1 1, , e I r l III III III j j III ill j 1 Ill I� I • _� i } _ —j {{ � Ii i I l I I� _�_� 1� I I C 1 , ; _ -1 ' I ; 1 f � / ,r' I 1t1 111 1 I ; ;1 1 1 ;;; ; 11 I1; 1, {I/III ) ( I , i , J II I Ijl I III III III III 1'11 111 I! 1 I ! / / / I m 11 1.1 t I ,'l 1 :1 III I I III 1:1 1 Ill I T ! , 1 I I ! 1 ; 1 111 11 ; ; 1 1 1 .„ 11 1 i I 1 , f ' I 11, I III III }1r I III III j'I� -.111 III II I ; � 1 1 I Li L ! I II I lIl 111 1,I I 111 III I II, .0 1 111 jlj {I 11� - - - -- I I I 1 111 I, 111 I k , I 1 ; 111 I III III jjj I Ill Ill La III 111 II 1j 1' ; ' 1 It f, I II 11, ,,il , Ij I I j 1 1 O. I 111 itf , ' 11 111 i / 1;; il i l l 1 1,1; 11,; 1 ' 1 11' i 1 I I I 1 III III j;l III III I ' 1 1 '} Ill } /�� III 1111 j 1 I I h I ` ' II' II' III I 111 ,11 11 � J 11 j1 1 V ! 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DM: VLF DATE: 1/22/09 CLIENT LOGO: PROD NAME: SHFE1. 5 OF: 7 DWG #: " WEST YOST SECONDARY TRAIN ONE fO" DsN: RAP DWG M201 l ag. 2/20/09 OREGON THIS BAR IS ONE INCH WO, REHABILITATION PROJECT a - WHEN DRAWING IS FULL °70°a/iNy°°9 PLC „, D201 cO4 f EIS*- cNlc: CAD FILE A: 51703 -0921 -M201 �.. CENT C HANNEL GATE O ar eos. u dear. PET SCALE. ASSOCIATES 7441.114. 09.90197092 0/03 SCALE: AS NOTED DESCRIPTION 13 N. Flat Awnw soft. 270 HNAboto, 0 fsmle��ss DEMOLITION cws 6391 REV• DATE DRN APPD I�aon G71Y Comulting F FA%(50.9) �2+'1R21 PROD k, eiGR sump, 1 EWRES:1YlV10 I GENERAL STRUCTURAL NOTES: CONCRETE: 1. THESE NOTES ARE GENERAL IN NATURE AND ARE INTENDED TO SET 1. ALL CONCRETE SHALL BE HARD ROCK CONCRETE MEETING REQUIREMENTS MINIMUM STANDARDS FOR CONSTRUCTION. OF ACI- 301, "SPECIFICATIONS FOR STRUCTURAL CONCRETE FOR BUILDINGS ". MIX PROPORTIONS SHALL BE PER ACI -301, METHOD 2 OR THE ALTERNATE 2. ALL WORK SHALL BE IN STRICT CONFORMANCE WITH THE 2006 PROCEDURE. SUBMIT MIX DESIGN FOR REVIEW BY STRUCTURAL ENGINEER INTERNATIONAL BUILDING CODE (IBC) AS AMENDED BY THE 2007 OREGON FOR APPROVAL PRIOR TO CONSTRUCTION. STATE STRUCTURAL SPECIALTY (OSSC) BUILDING CODE. 2. CONCRETE SHALL ATTAIN A MINIMUM COMPRESSIVE STRENGTH OF 4000 PSI 3. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND ELEVATIONS BEFORE IN 28 DAYS, SLUMP SHALL BE 1" TO 3" FOR FOUNDATIONS 1" TO 4" FOR OTHER I CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED OF ANY DISCREPANCIES USES. OR INCONSISTENCIES. 3. ALL CONCRETE SHALL CONTAIN 5% (±) 1% AIR ENTRAINMENT BY VOLUME. 4. THE CONTRACT STRUCTURAL DRAWINGS REPRESENT THE FINISHED AIR ENTRAINMENT SHALL BE IN CONFORMANCE WITH ASTM C260 AND C494. STRUCTURE. METHODS, PROCEDURES, AND SEQUENCE OF CONSTRUCTION ARE THE RESPONSIBILITY OF THE CONTRACTOR. THE CONTRACTOR SHALL 4. COLD WEATHER PLACEMENT SHALL CONFORM TO ACI - 604(306). HOT TAKE ALL NECESSARY PRECAUTIONS TO MAINTAIN AND ENSURE THE INTEGRITY WEATHER PLACEMENT SHALL CONFORM TO ACI- 605(305). MECHANICALLY OF THE STRUCTURE AT ALL STAGES OF CONSTRUCTION. VIBRATE ALL FORMED CONCRETE. DO NOT OVER - VIBRATE. PLACE CONCRETE MONOLITHICALLY BETWEEN CONSTRUCTION OR CONTROL JOINTS. PROTECT 5. CONSTRUCTION LOADS SHALL NOT EXCEED THE DESIGN LIVE LOAD FOR THE ALL CONCRETE FROM PREMATURE DRYING. STRUCTURE. PROVIDE SHORING AND /OR BRACING WHERE LOADS EXCEED DESIGN CAPACITY AND WHERE STRUCTURES HAVE NOT ATTAINED DESIGN 5. CHAMFER ALL EXTERIOR CORNERS 1/2" UNLESS SHOWN OTHERWISE. STRENGTH. 6. SLUMP LIMITS MAY BE INCREASED BY ADDITION OF ADMIXTURES PROVIDED DESIGN LOADS' PER 2006 IBC & 2007 OSSC THAT THE WATER/CEMENT RATIO OF THE ORIGINAL MIX DESIGN IS NOT EXCEEDED. WATER REDUCING ADMIXTURE SHALL BE IN CONFORMANCE WITH 1603.1.5 - EARTHQUAKE DESIGN CRITERIA: ASTM494, USED IN CONFORMANCE WITH MANUFACTURER'S INSTRUCTIONS. 4" LPA SUBMIT ADMIXTURES TO ENGINEER FOR REVIEW PRIOR TO CONSTRUCTION. II - ) ANALYSIS PROCEDURE GENERAL PROCEDURE, II PER IBC, SECTION 1615.1 7. CEMENT SHALL BY TYPE I OR II IN CONFORMANCE WITH ASTM C150. 0 n SEISMIC IMPORTANCE FACTOR, Is 1.0 AGGREGATES SHALL BE IN CONFORMANCE WITH ASTM C33. COARSE t E r SEISMIC USE GROUP GROUP I EL 166.00 ' SITE CLASS SITE CLASS, D AGGREGATES SHALL NOT EXCEED Y . WATER SHALL BE CLEAN AND POTABLE. SEISMIC DESIGN CATEGORY CATEGORY 0 8. REINFORCING STEEL SHALL CONFORM TO ASTM A615, GRADE 60. GRADE 40 J 4 SEISMIC RESPONSE COEFFICIENT(S), Cs 0.183 (WORKING STRESS) MAY BE USED FOR #3 AND SMALLER TIES AND STIRRUPS. DETAIL AND PLACE . %. ACCORDING TO ACI MANUAL SP -66. 6 . I STRUCTURAL OBSERVATION REQUIREMENTS: 9. UNLESS OTHERWISE NOTED, MINIMUM COVER SHALL BE 1 1/2" FOR #5 AND I ' SMALLER BARS. 2" FOR #6 AND LARGER BARS AND 3" WHEN POURED AGAINST r . THE OWNER SHALL EMPLOY THE ENGINEER OF RECORD OR AN ALTERNATE EARTH. SUPPORT REINFORCEMENT WITH APPROVED CHAIRS, SPACERS, OR I I EL 158.50 OREGON LICENSED PROFESSIONAL ENGINEER, APPROVED BY THE ENGINEER TIES. i,.. OF RECORD, TO PERFORM STRUCTURAL OBSERVATIONS IN ACCORDANCE WITH •• • . . SECTION 1702 OF THE INTERNATIONAL BUILDING CODE. 10. PROVIDE MINIMUM 48 BAR DIAMETERS AT SPLICES. NO MORE THAN 50% OF ` REINFORCING SHALL BE SPLICED AT ANY LOCATION. UNLESS OTHERWISE Q STRUCTURAL OBSERVATION IS THE VISUAL OBSERVATION OF THE STRUCTURAL 1 1 NOTED, BEND ALL HORIZONTAL REINFORCING A MINIMUM OF 2'-0' AT CORNERS I� ,�:. I I CO SYSTEM BY A REGISTERED DESIGN PROFESSIONAL FOR GENERAL AND WALL INTERSECTIONS. CONFORMANCE TO THE APPROVED CONSTRUCTION DOCUMENTS AT J f� 4 J SIGNIFICANT CONSTRUCTION STAGES AND AT COMPLETION OF THE 11. FORMWORK SHALL BE IN ACCORDANCE WITH ACI -347 "RECOMMENDED l� I_ • STRUCTURAL SYSTEM. STRUCTURAL OBSERVATION DOES NOT INCLUDE OR PRACTICE FOR CONCRETE FORMWORK ". FORMS SHALL BE DESIGNED BY THE J INFILL SIM TO WAIVE THE RESPONSIBILITY FOR ANY OTHER INSPECTION CRITERIA, INCLUDING CONTRACTOR. BRACING SHALL BE PROVIDED AS REQUIRED OR UNTIL THE W � • W SPECIAL INSPECTION, AS REQUIRED BY THE BUILDING OFFICIAL OR AS CONCRETE HAS REACHED ITS SPECIFIED 28 -DAY STRENGTH, ALL SHORING U ' C.2 INDICATED WITHIN THE INTERNATIONAL BUILDING CODE. SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. FORMWORK, SUPPORTS, r 5' -0" --- 5-0" INFILL PER AND SHORING SHALL PROVIDE FINISHED CONCRETE SURFACES AT ALL FACES: I DEFICIENCIES SHALL BE REPORTED IN WRITING TO THE OWNER AND THE LEVEL, PLUMB, AND TRUE TO DIMENSIONS AND ELEVATIONS SHOWN IN THE 1 BUILDING OFFICIAL (AND THE ENGINEER OF RECORD IF AN ALTERNATE DRAWINGS. .....� � � 4 .,. ENGINEER IS USED FOR STRUCTURAL OBSERVATION). AT THE CONCLUSION OF I ... 1 0 THE STRUCTURAL SYSTEMS, INCLUDED WITHIN THE PERMIT, THE STRUCTURAL SPECIAL INSPECTIONS: mram. I 2 -0 INFILL PER C e OBSERVER SHALL SUBMIT TO THE BUILDING OFFICIAL AND THE OWNER (AND -0 I • THE ENGINEER OF RECORD IF AN ALTERNATE ENGINEER IS USED FOR AN INDEPENDENT TESTING LABORATORY CHOSEN AND HIRED BY THE OWNER ' EL 142.00 ,■••■ - , STRUCTURAL OBSERVATION) A WRITTEN STATEMENT THAT THE SITE VISITS p ,�� ! 1' -0" i HAVE BEEN MADE AND IDENTIFY ANY REPORTED DEFICIENCIES WHICH, TO THE SHALL PROVIDE SPECIAL INSPECTIONS IN ACCORDANCE WITH CHAPTER 17 OF THE INTERNATIONAL BUILDING CODE FOR THE FOLLOWING AREAS OF WORK: L f BEST OF THE STRUCTURAL OBSERVER'S KNOWLEDGE, HAVE NOT BEEN • RESOLVED. 1. SOILS COMPACTION: ALL SOIL BEARING SURFACES AND FILL MATERIALS - -- 11 SHALL BE INSPECTED BY THE SOILS ENGINEER PRIOR TO PLACING CONCRETE THE CONTRACTOR SHALL MAKE AVAILABLE ALL MEANS AND METHODS OR AS INDICATED BY THE GEOTECHNICAL ENGINEER. NECESSARY FOR THE STRUCTURAL OBSERVER TO PERFORM THE REQUIRED 2. CONCRETE: STRUCTURAL OBSERVATIONS. IN ADDITION, THE CONTRACTOR SHALL NOTIFY CYLINDER TESTS, SLUMP TESTS, AIR CONTENT THE OWNER AND STRUCTURAL OBSERVER A MINIMUM OF 48 HOURS BEFORE DURING PLACEMENT OF REINFORCING STEEL & ANCHOR BOLTS WALL ELEVATION THE TIME AT WHICH THE SPECIFIED STRUCTURAL OBSERVATIONS MAY BE DURING PLACEMENT OF CAST IN PLACE CONCRETE (CIP) I PERFORMED. IN ADDITION THE CONTRACTOR SHALL UPDATE THE STRUCTURAL OBSERVER OF THE CONSTRUCTION PROGRESS. (CONCRETE SPECIAL INSPECTION IS NOT REQUIRED FOR CONCRETE SCALE: 1/4' = 1' -0" STRENGTHS LESS THAN OR EQUAL TO 2,500 PSI WHEN AN APPROVED to MIX - DESIGN IS SUBMITTED FOR REVIEW BY THE ENGINEER) STRUCTURAL STEEL: 3. ALL EPDXY ANCHORAGE (BOLTS & REINFORCING) 4. STRUCTURAL WELDING (DOES NOT APPLY TO QUALIFIED SHOP WELDS) I 1. STRUCTURAL STEEL SHALL CONFORM TO THE FOLLOWING GRADES, 5. HIGH STRENGTH BOLTING UNLESS NOTED OTHERWISE ON THE PLANS: 6. STRUCTURAL STEEL PLATES & BARS- ASTM A36 CHANNELS & ANGLES - ASTM A36 I 2. WELD ACCORDING TO CURRENT AWS STANDARDS WITH E70XX ELECTRODES. 3. ALL STEEL EXPOSED TO WEATHER SHALL BE PAINTED OR HOT -DIP GALVANIZED, UNLESS NOTED OTHERWISE. I 4. ALL STRUCTURAL CONNECTION BOLTS SHALL BE ASTM A325, UNLESS NOTED OTHERWISE. HOOKED, HEADED, THREADED, AND NUTTED ANCHOR RODS SHALL BE ASTM F1554 (Fy = 36 ks1), UNLESS NOTED OTHERWISE. ' DRN: DGJ DATE 02/19/09 �� CLIENT LOGO: W E s T I PROD NAME: SECONDARY TRAIN 1 SHEET:6 OF 7 DWG #: ' ! ' ..• .4� Dsrt EGH DWG# $201 - �SE REHABILITION PROJECT DATE : •� _ THIS BAR IS ONE INCH Clean airr Services ' ' S201 CHIC EWP GAD FILE t. 06- 126-02 WHEN DRAWING IS FULL Pe rson St ruc t ura l En,tnNtr., Inc. CELL 4 OR 5 i it O UT com U c 5319 S.W. W % 215 e Sr, Su PLC SCALE. Y 0 8 T P Oregon 97221 STRUCTURAL NOTES !EXPIRES 12/31/10 M : EWE SCALE: AS SHOWN REV ft DATE DRN APED DESCRIPTOR 155 N. Fleet Avenue Suite 270 Hllleboro, 0 97124 & ASSOCIATES (503) 292 -1635 & ELEVATION CWS ROD A 6391 P : ENOR STAMP: SIKAFLEX -2c (OR 6x6 W2.9xW2.9 APPROVED EQUAL) SEALANT I © WELDED WIRE AROUND PERIMETER OF FILL CONC REINFORCING INFILL CONCRETE EL. 166.0' (REF) (2' CLR FROM TOP) y� EXIST. CONC I EL 164.0' (REF) — — - J t �®si� i ... 1111111111 INFo®� maws, s •in.®� , 1111®61 " 1 11111111111 ' 4 igniviEl " .mww� 1111111 ®® • • • 'pigtail ita r , �uia� • ' ..�w ; r 'lea ® • Enos S f iii w� ®w ®® • t 4V . 11111111111 r�'. • gw®® y EL. 158.5' (REF) plimer iii0si� Ilia ®rte ' • ® ®i1 •01840 , sees. ,.:.4..;:,. .. se es :.. ... • . , EX. _ ..', .': ' #4 DOWELS @ 12" o.c. E.W., IST. GONG w/ HILTI RE500 EPDXY, NOTES: EMBED 4" (TYP) CONTRACTOR SHALL SUBMIT INFILL SEQUENCING PLAN OR TEMPORARY I SHORING PLAN PRIOR TO INFIILLING EFFLUENT CHANNEL. INFILL SECTION le I SCALE: 1/4" = 1' -0" C6x10.5 x 6' -0" ATTACHED w/ (2}1'2"0 THREADED ROD w /4" EMBED w/ II II C6x10.5 BEYOND HIT -RE 500 SD EPDXY@ EACH END (TYP) 9 A - 6x6- W2.9xW2.9 _ 3 " 6x8- W2,9xW2.9 PER • d REF PER Q ATTACH NEW GUARDRAIL W TO EXISTING GUARDRAIL d i/- FILL CONC STING GUARDRAIL POSTS PER MANUFACTURER INFILL CONCRETE V • ° ') EXISTING OPENING a • #4012"o.c., TYP. 4 [• I • I EXISTING GUARDRAIL 5 I I #4 DOWELS x 5' -0" 12" o.c., " w/ HILTI RE500 EPDXY, " d ` . " < ° #4 DOWELS x 4' -0" t 12" c.c., I w ! HILTI RE500 EPDXY, �� EMBED 4" (TYP) °. • d . ' .. ' ' r u EMBED 4" (TYP) • ttt � BLOCKOUT I . d OPENING • a • ° EL. 166.0' (REF) #4 DOWELS x 5' -0" © 12" o.c., TO REMAIN " L >r _ EXISTING STRUCTURE C 1 w/ HILTI RE500 EPDXY, • • d C6x10.5 EMBED 4" , 5' -0• ° : a � d v J ■ BEND UP AT OPENING I - - - - PE C7 EXISTING SLAB >< I 1 INFILL SECTION 2 6" CONCRETE INFILL WALL SECTION � TYP. GUARDRAIL DETAIL � – 2 SCALE: 1/2" = 1' -0" SCALE: 112" = 1' -0 felt " SCALE: 1/2" = 1' -0" iiif% I OPENING FILL DETAIL SCALE: 1/2" =1 II INFILL CONCRETE EXISTING OPENING I #4 DOWELS x 2' -0" @ 12" o.c., w/ HILTI RE500 EPDXY, EMBED 4" (TYP) Miall. —L EXISTING SLAB 1' -0" I 2' -0e OPENING FILL DETAIL I SCALE: 1/2" = 1' -0" ' DM DGJ DATE 02/19/09 CLIENT EE T PROJ SECONDARY TRAIN 1 �,E�: �: DWG #: I � OW EGH oar szoz `j REHABILITION PROJECT Ate THIS BAR IS ONE INCH nY,JIs`eIVS nis c n C1119 EWP CAD FILER 06- 126-02 WHEN DRAWING IS FULL '' Pete P"rl rsen StruStructural Engineers, Mc. CELL 4 OR rJ Rcr S202 SCALE. Oueotamitm�atlsota2. y o s T 5519 S.W. Westgate Dr, We 215 STRUCTURAL DETAILS a.% �?^ p221 mmo 12/31/10 i R EWP Nco AS SHOWN REV DATE DPI APPD DESCRIPTIO 155 N. First Arenw SoIM 270 Hillsboro. O epon 97124 & ASSOCIATES ( ) n 1 O*� t 6391 ENDttSTAMP I I 44