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Specifications
Project Manual FINAL Clean Water Services Durham Advanced Wastewater Treatment Facility REUSE WATER PUMPING SYSTEM IMPROVEMENTS PROJECT NO. 6479 December 2010 K/J Project No 1091014.20 Kennedy /Jenks Consultants FINAL PROJECT MANUAL INCLUDING SPECIFICATIONS FOR Clean Water Services DURHAM ADVANCED WASTEWATER TREATMENT FACILITY REUSE WATER PUMPING SYSTEM IMPROVEMENTS PROJECT NO. 6479 December 2010 PR OF FS t k 0' GON A �F (14 /3Y 2 oN VAN CER1. EXP. G yo 74z 514Nt D !thz )zoto KENNEDY /JENKS CONSULTANTS 200 S.W. Market St. Suite 500 Portland, Oregon 97201 (503) 295 -4911 JOB NO. 109104.20 FINAL CLEAN WATER SERVICES DURHAM REUSE WATER PUMPING SYSTEM IMPROVEMENTS PROJECT MANUAL TABLE OF CONTENTS Title Page Table of Contents DIVISION 0: BIDDING REQUIREMENTS, CONTRACT FORMS, CONTRACT CONDITIONS BIDDING REQUIREMENTS 00030 Advertisement to Bid 00100 Instructions to Bidders 00300 Bid Forms CONTRACT FORMS 00500 Agreement 00610 Performance Bond 00620 Payment Bond 00630 Statutory Public Works Bond CONTRACT CONDITIONS 00700 General Conditions 00800 Supplementary Conditions 00810 Oregon Prevailing Wage Rates December 2010 TOC -i Durham Reuse Pumping System Improvements Project No. 6479 Table of Contents y:\ projects \2010proj \1091014.20_cws_d u rhamreusepumpingsystemimprovements \10._engineering_and_d esign \10.01 _ specifications \final\toc_final.doc DIVISION 1: GENERAL REQUIREMENTS 01010 Summary of Work 01014 Work Sequence and Schedule Constraints 01060 Safety and Health 01190 Seismic Requirements 01300 Submittals 01500 Contractor's Facilities and Utilities 01505 Mobilization and Demobilization 01560 Environmental Controls 01605 Shipment, Protection and Storage 01650 Commissioning and Facility Startup 01700 Restoration of Improvements 01720 Record Drawings 01730 Operation and Maintenance Information 01999 Reference Forms DIVISION 2: SITEWORK 02050 Demolition DIVISION 3: CONCRETE 03310 Reinforcing Steel, Cast -In -Place Concrete And Concrete Finish DIVISION 5: METALS 05090 Structural Metal Fasteners DIVISION 11: EQUIPMENT 11001 General Equipment and Mechanical Requirements 11002 Electric Motor Drives 11005 Hydropneumatic Bladder -Type Surge Tank 11315 Centrifugal Pump Rehabilitation DIVISION 15: MECHANICAL 15050 Piping, Valves, and Accessories DIVISION 16: ELECTRICAL 16010 General Electrical Requirements 16110 Conduit, Raceways, and Fittings 16120 Low Voltage Wire and Cable 16124 Signal Cable December 2010 TOC -ii Durham Reuse Pumping System Improvements Project No. 6479 Table of Contents y:\ projects \2010proj \1091014.20_cws_d u rhamreusepumpingsystemimprovements \10._engineering_and_d esign \10.01 _specifications \final \toc_final.doc APPENDICES APPENDIX A - Grundfos CBS Quotation APPENDIX B — PROJECT DRAWINGS G1 TITLE SHEET, LIST OF DRAWINGS, REGION AND VICINITY MAPS G2 ABBREVIATIONS, LEGENDS AND SYMBOL Cl REUSE PUMP STATION SITE PLAN M1 REUSE PUMP STATION MECHANICAL PLAN M2 HYDRO - PNEUMATIC TANK SECTIONS AND DETAILS M3 REUSE PUMP STATION SECTIONS AND DETAILS El RACEWAY BLOCK DIAGRAM E2 REUSE PUMP STATION ELECTRICAL PLAN 11 PROCESS AND INSTRUMENTATION SYMBOLS AND ABBREVIATIONS 12 PROCESS AND INSTRUMENTATION REUSE PUMP STATION December 2010 TOC -iii Durham Reuse Pumping System Improvements Table of Contents y:\ projects \2010proj\ 1091014. 20_ cws_ durhamreusepumpingsystemimprovements \1 o._ engineering_ and_design \10.01_specifications \final \toc_final.doc DIVISION 0: BIDDING REQUIREMENTS, CONTRACT FORMS, CONTRACT CONDITIONS BIDDING REQUIREMENTS 00030 Advertisement to Bid 00100 Instructions to Bidders 00300 Bid Forms CONTRACT FORMS 00500 Agreement 00610 Performance Bond 00620 Payment Bond 00630 Statutory Public Works Bond CONTRACT CONDITIONS 00700 General Conditions 00800 Supplementary Conditions 00810 Oregon Prevailing Wage Rates SECTION 00030 CLEAN WATER SERVICES DURHAM ADVANCED WASTEWATER TREATMENT FACILITY REUSE PUMPING SYSTEM IMPROVEMENTS PROJECT NO. 6479 ADVERTISEMENT TO BID Sealed Bids will be received by Jane Nishizaki, Administrative Assistant, at the office of Clean Water Services (OWNER), located at the Treatment Plant Services Building, 16060 S.W. 85 Avenue, Tigard, Oregon, 97224 (OWNER's Office), until 2:00 p.m. local time, on January 18, 2011 for the Durham Reuse Pumping System Improvements, Project No. 6479 (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 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 January 18, 2011 at OWNER'S Office. The WORK is a Public Works project subject to ORS 279C.800 to 279C.870. The WORK includes: Furnishing all labor, materials, equipment, and appurtenances for the following work on the Durham Reuse Pumping System: removing, rehabilitating and re- installing three existing centrifugal pumps to reduce motor size, replace impellers and complete other miscellaneous rehabilitation; installing three new adjustable frequency drives supplied by OWNER and completing other required electrical upgrades; replacing existing pump control valves with check valves; adding a new 300 gallon bladder -type hydro - pneumatic tank; and, performing other miscellaneous demolition, mechanical and electrical upgrades. The site of the WORK is located at the Durham Advanced Wastewater Treatment Facility, 16060 SW 85 Avenue, Tigard, Oregon 97224 (Site). The estimated construction cost of the WORK is between $200,000 to $250,000. The bidding documents, including the specifications, are available at OWNER'S office, 16060 SW 85 Avenue, Tigard, Oregon 97224, on District's Website at www.cleanwaterservices.orq, or by calling Jane Nishizaki, Administrative Assistant, at (503) 547 -8175. Bidders that obtain the Invitation to Bid from the District's Website are responsible for contacting Ms. Nishizaki to add their name to the notification list. This is the list District will use to send out Addenda that may be issued. Addenda will also be posted on District's Website. The scale of the reduced drawings is one -half of the original scale. Full scale drawings may be purchased at reproduction cost. MANDATORY PRE -BID CONFERENCE AND VISIT TO SITE: Prospective Bidders are required to attend a pre -bid conference and Site visit that will begin at 10:00 a.m. local time on January 4, 2011 in the OWNER's Office. The purpose of the conference and Site visit is to distribute Bidding Documents, discuss the scope of the Project and 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 addenda later. Oral statements may not be relied upon and will not be binding or legally effective. To view and obtain Bidding Documents, the plan holders list, Bid results, and for assistance with other administrative issues, contact the OWNER: December 2010 00030 -1 Durham Reuse Pumping System Improvements Advertisement to Bid 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 on technical issues to the Design Engineer: Kennedy /Jenks Consultants, Inc. Preston Van Meter, PE 500 SW Market Street, Suite 500 Portland, OR 97201 503 - 295 -4911 Ph 503 - 295 -4901 Fax PrestonVanMeter @kennedyjenks.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). Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the Total Bid Price payable to OWNER as a guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A Bid shall not be considered unless one of the forms of Bidder's security is enclosed with it. Each Bid must contain a statement as to whether a Bidder is a Resident Bidder as defined by ORS 279A.120. The Bidder shall guarantee the Lump Sum Price for a period of 80 calendar days from the date of Bid opening. 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 cancel this solicitation or reject any or all Bids not in compliance with all prescribed public bidding procedures and requirements or when OWNER finds that 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 reject for good cause any or all Bids upon a finding by OWNER that it is in the public interest to do so. December 2010 00030 -2 Durham Reuse Pumping System Improvements Advertisement to Bid SECTION 00100 INSTRUCTIONS TO BIDDERS FOR DURHAM REUSE PUMPING SYSTEM IMPROVEMENTS PROJECT NO. 6479 PART 1 — DEFINED TERMS 1.01 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. A. Bidder - -One who submits a Bid directly to OWNER, as distinct from a sub - bidder, who submits a price or quote to a Bidder. B. Successful Bidder -- Lowest, responsible and responsive Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. PART 2 — COPIES OF BIDDING DOCUMENTS 2.01 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. 2.02 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. 2.03 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. PART 3 — QUALIFICATIONS OF BIDDERS 3.01 To demonstrate qualifications to perform the WORK, the apparent Successful Bidder and other Bidders as determined by OWNER, must be prepared to submit within 7 days after OWNER's written request, evidence such as financial data, previous experience, present commitments, and other such data as may be called for in the Bidding Documents. 3.02 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. 3.03 Bidders for public work in Oregon shall be qualified in conformance with ORS Chapter 279C. 3.04 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. December 2010 00100 -1 Durham Reuse Pumping System Improvements Project No. 6479 Instructions to Bidders 3.05 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 ORS 279C.836(4), (7), (8), or (9). PART 4 — LICENSING REQUIREMENTS 4.01 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. PART 5 — ENVIRONMENTAL AND NATURAL RESOURCES LAWS AND REGULATIONS 5.01 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. PART 6 — INTERPRETATIONS AND ADDENDA 6.01 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. 6.02 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. 6.03 Bidders shall make no special interpretation or inference of intent from differing formats in the Technical Specifications. PART 7 — BIDDER'S EXAMINATION OF BIDDING DOCUMENTS AND SITE 7.01 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 Documents; B. To visit the Site to become familiar with local conditions that may affect cost, progress, or 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 December 2010 00100 -2 Durham Reuse Pumping System Improvements Project No. 6479 Instructions to Bidders E. To promptly notify the ENGINEER of all conflicts, errors, ambiguities, or discrepancies in or between the Bidding Documents and such other related data. 7.02 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 the 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. 7.03 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. 7.04 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. 7.05 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. 7.06 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. 7.07 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. 7.08 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. The Bid is premised upon performing the WORK required by the Bidding Documents without exception and such means, methods, techniques, sequences, December 2010 00100 -3 Durham Reuse Pumping System Improvements Project No. 6479 Instructions to Bidders or procedures of construction (if any) as may be required by the Bidding Documents; B. 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. The Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the WORK. PART 8 — SUBCONTRACTORS, SUPPLIERS, AND OTHERS 8.01 ORS 279C.370 requires Bidders for Public Improvement Projects exceeding $100,000 to submit a 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 disclosure forms 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. 8.02 The definition of a Subcontractor does not include Suppliers who provide materials only. 8.03 If the 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. PART 9 — WAGE RATES /BOLT FEE 9.01 The WORK under these Bidding Documents is to be paid for by public funds. This is a public works project subject to the state prevailing rates of wage under ORS 279C.800 to 279C.870. Unless otherwise exempt, prevailing wage rates must be paid by Contractor and any Subcontractor on the Project in accordance with ORS 279C.838, ORS 279C.840, or the Davis -Bacon Act (40 U.S.C. Section 3141 et seq.). The applicable Oregon minimum prevailing wage rates for such workers are contained in the publication July 1, 2010 Prevailing Wage Rates for Public Works Contracts in Oregon dated July 1, 2010, including all applicable amendments (see links at http: / /www.oregon.gov /boli /whd /pwr /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. 9.02 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 it will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. Section 3141, et seq. The Bid Form in the Bidding Documents contains the required statement of Bidder's declaration of compliance with ORS December 2010 00100 -4 Durham Reuse Pumping System Improvements Project No. 6479 Instructions to Bidders 279C.838, 279C.840 or 40 U.S.C. Section 3141, et seq. The Bidder's signing of the Bid constitutes compliance with this Oregon Statute. 9.03 OWNER shall be responsible for paying the fee required by ORS 279C.825(1) to the Commissioner of the Bureau of Labor and Industries. PART 10 — BID FORM 10.01 The Bid shall be submitted on the Bid Form provided herein. 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 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 OWNER, the address where Bids are to 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. 10.02 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. 10.03 Bidder's state Contractor license number for the State of Oregon shall be shown on the Bid Form. 10.04 Each Bid must identify whether the Bidder is a resident bidder, as defined by ORS 279A.120, by completing and submitting the Resident /Nonresident Bidder Status Form. 10.05 Bidder shall complete the Noncollusion Affidavit and submit it with its Bid. PART 11 — BID CERTIFICATES 11.01 Bids by corporations must be executed in the corporate name by the president, a vice - president, or other corporate officer. The Bid shall be accompanied by the enclosed Certificate of Authority to sign, and shall be attested by the secretary or assistant secretary. The corporate address and state of incorporation must appear below the signature. 11.02 Bids by partnerships must be executed in the partnership name and be signed by a 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 partnership must appear below the signature. 11.03 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 signature. PART 12 — DISQUALIFICATION OF BIDDERS 12.01 More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If OWNER believes that any Bidder is December 2010 00100 -5 Durham Reuse Pumping System Improvements Project No. 6479 Instructions to Bidders interested in more than one Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If OWNER believes that collusion 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. PART 13 — QUANTITIES OF WORK (NOT APPLICABLE) PART 14 — EVALUATION OF BIDS 14.01 OWNER will evaluate Bids to determine which responsible Bidder has made the lowest responsive Bid. OWNER will make this evaluation in accordance with the Bidding Documents and applicable law. OWNER may reject a Bid when it is in 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. 14.02 OWNER reserves its right to reject any or all Bids, including without limitation the right to 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 it is in the public interest to do so in accordance with ORS 279C.395. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the WORK. 14.03 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. 14.04 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. 14.05 OWNER may conduct such investigations as OWNER deems necessary to assist in Bid evaluation and to establish responsibility, qualifications, and financial 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. 14.06 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 December 2010 00100 -6 Durham Reuse Pumping System Improvements Project No. 6479 Instructions to Bidders percent, if any, of the preference given to that Bidder in the state in which the Bidder resides. 14.07 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. 14.08 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. PART 15 — SUBMISSION OF BIDS 15.01 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. PART 16 — BID SECURITY, BONDS, AND INSURANCE 16.01 Each Bid shall be accompanied by a certified or 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 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, 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. PART 17 — DISCREPANCIES IN BIDS 17.01 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 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 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. PART 18 — MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS 18.01 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 December 2010 00100 -7 Durham Reuse Pumping System Improvements Project No. 6479 Instructions to Bidders Bids will not be considered unless called for. Oral, telegraphic, telephonic or electronic Bids or modifications will not be considered. PART 19 — WITHDRAWAL OF BID 19.01 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 stipulated in the Advertisement To Bid for receipt of Bids prior to the scheduled closing time for receipt of Bids. 19.02 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, Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, Bidder will be disqualified from further consideration on the WORK to be provided under the Contract Documents. PART 20 — AWARD OF CONTRACT 20.01 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. PART 21 — RETURN OF BID SECURITY 21.01 Within 14 days after award of the Contract, 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. PART 22 — EXECUTION OF AGREEMENT 22.01 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 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. December 2010 00100 -8 Durham Reuse Pumping System Improvements Project No. 6479 Instructions to Bidders 22.02 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. PART 23 — LIQUIDATED DAMAGES 23.01 Provisions for liquidated damages are set forth in the Agreement. PART 24 — RETAINAGE 24.01 Provisions concerning retainage and CONTRACTOR's rights to deposit securities in lieu of retainage are set forth in the Agreement. PART 25 — PROTEST PROCEDURE 25.01 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. A. Specification Protest Process 1. 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. B. Solicitation Protest 1. 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. C. Award Protest 1. 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 OWNER to award the Contract if no written protest of the award is filed. END OF SECTION December 2010 00100 -9 Durham Reuse Pumping System Improvements Project No. 6479 Instructions to Bidders 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 OWNER in the form included in the Contract Documents to perform the WORK as specified or indicated in the Contract Documents entitled Durham Reuse Pumping System Improvements, Project No. 6479. 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. Section 3141, et seq. 5. Bidder certifies that Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1) against any minority, women or emerging small business enterprises certified under ORS 200.055, or against a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225, 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 Failure to acknowledge receipt of Addenda may render the Bid not responsive 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 December 2010 00300 -1 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms (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. 9. Bidder acknowledges that certain equipment associated with the WORK will be supplied by the OWNER and that the WORK includes installing, testing, start -up and trouble- shooting of the OWNER - supplied equipment as required to complete the WORK. 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 Bid Forms. Dated: Bidder: By: Name (Signature) Name (Type or Print) Title: December 2010 00300 -2 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms BID SCHEDULE Schedule of Bid Prices for Construction of Durham Reuse Pumping System Improvements, Project No. 6479 Bidder agrees to accept as full payment for the Durham Reuse Pumping System Improvements, Project No. 6479 proposed within the Bidding Documents, based upon the undersigned's own estimate of quantities and costs and including sales, consumer, use, and other taxes, except as provided below, and overhead and profit, the following bid amount of: Bid Item Lump Sum Price Durham Reuse Pumping System Improvements Project No. 6479 $ (figures) (words) (The amount in words shall take precedence.) December 2010 00300 -3 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms BID CERTIFICATE (if Corporation) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , was held on , 2011, 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 , 2011 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 the resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2011. (Signature) (Title) Secretary (Address) December 2010 00300 -4 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms BID CERTIFICATE (if Partnership) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of , was held on , 2011_, 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 20 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 the resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2011. (Signature) (Title) (Address) December 2010 00300 -5 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms BID CERTIFICATE (if Joint Venture) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of , was held on , 2011, 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 , 2011 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 the resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2011. Managing Partner (Address) December 2010 00300 -6 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms BID BOND FOR DURHAM REUSE PUMPING SYSTEM IMPROVEMENTS, PROJECT NO. 6479 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 Reuse Pumping System Improvements, Project No. 6479. NOW THEREFORE, if the Principal is awarded a contract by 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 obligation of the Surety shall in no way be impaired or affected by an extension of the time within which 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 OWNER and OWNER prevails, the Principal and the Surety shall pay all costs incurred by OWNER in such suit, including reasonable attorney's fees and costs to be fixed by the court. SIGNED, this day of , 2011. (Principal) (Surety) By: By: (Signature) (Signature) (NOTARIAL ACKNOWLEDGEMENT OF SURETY) December 2010 00300 -7 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms NONCOLLUSION AFFIDAVIT FOR DURHAM REUSE PUMPING SYSTEM IMPROVEMENTS, PROJECT NO. 6479 State of ) Services Requested ss. In Bid: Durham Reuse County of ) Pumping System Improvements Project No. 6479 I state that I am (Title) of (Name of Firm), and 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; and (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. December 2010 00300 -8 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms 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 Bids for this Contract. Name of Company Signature /Position Sworn to and subscribed before me this day of , 2011, by Notary Public for This Commission Expires: December 2010 00300 -9 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms RESIDENT /NONRESIDENT BIDDER STATUS FORM FOR DURHAM REUSE PUMPING SYSTEM IMPROVEMENTS, PROJECT NO. 6479 Oregon law (ORS 279A.120) requires OWNER, in determining the lowest responsible bidder, to add a 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 Indicate state in which bidder resides: CONSTRUCTION CONTRACTOR'S LICENSING Oregon law requires all contractors to be licensed with the Oregon Construction Contractors Board or for landscaping projects with the Landscape Contractors Board in order to submit a Bid to do work and to do work as a contractor or a landscape contractor, respectively. The undersigned Bidder states it is now licensed by the Oregon Construction Contractors Board. Indicate Bidder's Construction Contractors or Landscape Contractors Board License No. Signature of Bidder December 2010 00300 -10 Durham Reuse Pumping System Improvements Project No. 6479 Bid Forms FIRST -TIER SUBCONTRACTOR DISCLOSURE FORM FOR DURHAM REUSE PUMPING SYSTEM IMPROVEMENTS, PROJECT NO. 6479 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 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 December 2010 00300 -11 Durham Reuse Pumping System Improvements Bid Forms SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the day of , 2011 by and between Clean Water Services (OWNER) and to be determined (CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in OWNER's Contract Documents entitled Durham Reuse Pumping System Improvements, Project No. 6479 (Project). The WORK under this Contract shall consist of, but is not limited to, the following: Furnishing all labor, materials, equipment, and appurtenances for the following work on the Durham Reuse Pumping System: removing, rehabilitating and re- installing three existing centrifugal pumps to reduce motor size, replace impellers and complete other miscellaneous rehabilitation; installing three new adjustable frequency drives supplied by OWNER and completing other required electrical upgrades; replacing existing pump control valves with check valves; adding a new 300 gallon bladder -type hydro - pneumatic tank; and, performing other miscellaneous demolition, mechanical and electrical upgrades. ARTICLE 2. ENGINEER. The Project has been designed by Kennedy /Jenks Consultants, Inc., 200 SW Market Street, Suite 500, Portland, Oregon 97201, (503) 295 -4911, 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. ARTICLE 3. CONTRACT TIMES. Substantial Completion and Final Completion of the WORK shall be completed within the following number of days from the commencement dates identified below: Milestone Commencement Calendar Days Date Substantial Completion Date of Notice to 80 (Reuse Pump Station Start -up Proceed (NTP) Complete and Pump Station operating) Final Completion Date of Notice to 100 Proceed (NTP) December 2010 00500 -1 Durham Reuse Pumping System Improvements Project No. 6479 Agreement ARTICLE 4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER 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 Substantial Completion $200 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 final payment or any retainage held by OWNER. Each Milestone is a separate Contract requirement. OWNER will not 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 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 final payment. 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 December 2010 00500 -2 Durham Reuse Pumping System Improvements Project No. 6479 Agreement account would accrue to CONTRACTOR. Costs incurred by OWNER as a result of this option will be deducted from CONTRACTOR's final 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.620. ARTICLE 8. PREVAILING WAGE RATES /BOLT 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 include in every subcontract a provision requiring the subcontractor to comply with this provision. OWNER shall pay the fee required by ORS 279C.825 to the Commissioner of the Bureau of Labor and Industries. Before starting any Work on the Project, CONTRACTOR shall have a public works bond filed with the Construction Contractors Board, unless exempt under ORS 279C.836(4), (7), (8) or (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 ORS 279C.836(4), (7), (8) or (9). ARTICLE 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 • Contract Specifications: Volume 1, Divisions 0 through 16 (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. December 2010 00500 -3 Durham Reuse Pumping System Improvements Project No. 6479 Agreement 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 consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically 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 STATEMENT FILING REQUIREMENTS AND ADDITIONAL RETAINAGE. 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, 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 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. December 2010 00500 -4 Durham Reuse Pumping System Improvements Project No. 6479 Agreement IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CLEAN WATER SERVICES CONTRACTOR By: By: General Manager or Designee Title: Address for giving notices Address for giving notices Approved as to Form License No. District Legal Counsel December 2010 00500 -5 Durham Reuse Pumping System Improvements Project No. 6479 Agreement AGREEMENT CERTIFICATE (if Corporation) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , was held on , 2011, and the following resolution was duly passed and adopted: "RESOLVED, that , as (insert title) of the Corporation, be and is hereby authorized to execute the Agreement for Durham Reuse Pumping System Improvements, Project No. 6479 by and between this Corporation and Clean Water Services and that his /her execution thereof, attested by the Secretary of the Corporation, shall be the official act and deed of this Corporation." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2011. President Secretary December 2010 00500 -6 Durham Reuse Pumping System Improvements Project No. 6479 Agreement AGREEMENT CERTIFICATE (if Partnership) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Partners of the 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 Reuse Pumping Systems Improvements, Project No. 6479 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." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2011. Partner December 2010 00500 -7 Durham Reuse Pumping System Improvements Project No. 6479 Agreement AGREEMENT CERTIFICATE (if Joint Venture) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of , was held on , 2011, 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 Reuse Pumping System Improvements Project No. 6479 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 the resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2011. Managing Partner END OF AGREEMENT December 2010 00500 -8 Durham Reuse Pumping System Improvements Project No. 6479 Agreement SECTION 00610 PERFORMANCE BOND FOR DURHAM REUSE PUMPING SYSTEM IMPROVEMENTS PROJECT NO. 6479 Bond No. Amount: $ KNOW ALL PEOPLE BY THESE PRESENTS, that as Contractor, and a corporation, duly authorized to do 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, and firmly by these presents. 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 Reuse Pumping System Improvements, Project No. 6479 by the Obligee, which contract, including all Contract 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 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 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: 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, alteration, or addition to the term of the Contract Documents, or to the work to be performed thereunder, December 2010 00610 -1 Durham Reuse Pumping System Improvements Project No. 6479 Performance Bond 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. Signed this day of , 20 ADDRESS CONTRACTOR By: PHONE NUMBER Title: Approved as to Form SURETY District Counsel By: Attorney -in -Fact Address of Surety's Resident Agent December 2010 00610 -2 Durham Reuse Pumping System Improvements Project No. 6479 Performance Bond SECTION 00620 PAYMENT BOND FOR DURHAM REUSE PUMPING SYSTEM IMPROVEMENTS PROJECT NO. 6479 Bond No. Amount: $ KNOW ALL PEOPLE BY THESE PRESENTS, that as Contractor, and a corporation, duly authorized to do 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, and firmly by these presents. 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 Reuse Pumping System Improvements, Project No. 6479 by the Obligee, which contract, including all Contract 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 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 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. 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, 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. December 2010 00620 -1 Durham Reuse Pumping System Improvements Project No. 6479 Payment Bond Signed this day of , 20_ ADDRESS CONTRACTOR PHONE NUMBER SURETY By: Title: Attorney -in -Fact Address of Surety's Resident Agent Approved as to Form District Counsel December 2010 00620 -2 Durham Reuse Pumping System Improvements Project No. 6479 Payment Bond SECTION 00630 STATUTORY PUBLIC WORKS BOND Contractor shall file the attached Statutory Public Works Bond with the Construction Contractors Board. December 2010 00630 -1 Durham Reuse Pumping System Improvements Project No. 6479 Statutory Public Works Bond 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. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by - pi p GENFpq� ACEC AMERICAN COUNCIL OF L. G]NEERING COWAN] F, OF A MEO /12fflaIST ASC American Society National Society of of Civil Engineers Professional Engineers Professional Engineers in Private Practice 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 Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684 -2882 www.nspe.orq American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347 -7474 www.acec.orq American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 www.asce.orq 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. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 5 Article 2 — Preliminary Matters 7 2.01 Delivery of Bonds and Evidence of Insurance 7 2.02 Copies of Documents 7 2.03 Commencement of Contract Times; Notice to Proceed 7 2.04 Starting the Work 7 2.05 Before Starting Construction 7 2.06 Preconstruction Conference; Designation of Authorized Representatives 8 2.07 Initial Acceptance of Schedules 8 Article 3 — Contract Documents: Intent, Amending, Reuse 8 3.01 Intent 8 3.02 Reference Standards 9 3.03 Reporting and Resolving Discrepancies 9 3.04 Amending and Supplementing Contract Documents 10 3.05 Reuse of Documents 10 3.06 Electronic Data 11 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 14 4.05 Reference Points 15 4.06 Hazardous Environmental Condition at Site 15 Article 5 — Bonds and Insurance 17 5.01 Performance, Payment, and Other Bonds 17 5.02 Licensed Sureties and Insurers 17 5.03 Certificates of Insurance 18 5.04 Contractor's Insurance 18 5.05 Owner's Liability Insurance 20 5.06 Property Insurance 20 5.07 Waiver of Rights 21 5.08 Receipt and Application of Insurance Proceeds 22 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.09 Acceptance of Bonds and Insurance; Option to Replace 22 5.10 Partial Utilization, Acknowledgment of Property Insurer 23 Article 6 - Contractor's Responsibilities 23 6.01 Supervision and Superintendence 23 6.02 Labor; Working Hours 23 6.03 Services, Materials, and Equipment 24 6.04 Progress Schedule 24 6.05 Substitutes and "Or- Equals" 24 6.06 Concerning Subcontractors, Suppliers, and Others 27 6.07 Patent Fees and Royalties 28 6.08 Permits 29 6.09 Laws and Regulations 29 6.10 Taxes 30 6.11 Use of Site and Other Areas 30 6.12 Record Documents 31 6.13 Safety and Protection 31 6.14 Safety Representative 32 6.15 Hazard Communication Programs 32 6.16 Emergencies 32 6.17 Shop Drawings and Samples 32 6.18 Continuing the Work 34 6.19 Contractor's General Warranty and Guarantee 34 6.20 Indemnification 35 6.21 Delegation of Professional Design Services 36 Article 7 - Other Work at the Site 37 7.01 Related Work at Site 37 7.02 Coordination 37 7.03 Legal Relationships 38 Article 8 - Owner's Responsibilities 38 8.01 Communications to Contractor 38 8.02 Replacement of Engineer 38 8.03 Furnish Data 38 8.04 Pay When Due 38 8.05 Lands and Easements; Reports and Tests 39 8.06 Insurance 39 8.07 Change Orders 39 8.08 Inspections, Tests, and Approvals 39 8.09 Limitations on Owner's Responsibilities 39 8.10 Undisclosed Hazardous Environmental Condition 39 8.11 Evidence of Financial Arrangements 39 8.12 Compliance with Safety Program 39 Article 9 - Engineer's Status During Construction 40 9.01 Owner's Representative 40 9.02 Visits to Site 40 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.03 Project Representative 40 9.04 Authorized Variations in Work 40 9.05 Rejecting Defective Work 41 9.06 Shop Drawings, Change Orders and Payments 41 9.07 Determinations for Unit Price Work 41 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 41 9.09 Limitations on Engineer's Authority and Responsibilities 42 9.10 Compliance with Safety Program 43 Article 10 - Changes in the Work; Claims 43 10.01 Authorized Changes in the Work 43 10.02 Unauthorized Changes in the Work 43 10.03 Execution of Change Orders 43 10.04 Notification to Surety 44 10.05 Claims 44 Article 11 - Cost of the Work; Allowances; Unit Price Work 45 11.01 Cost of the Work 45 11.02 Allowances 47 11.03 Unit Price Work 48 Article 12 - Change of Contract Price; Change of Contract Times 49 12.01 Change of Contract Price 49 12.02 Change of Contract Times 50 12.03 Delays 50 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work 51 13.01 Notice of Defects 51 13.02 Access to Work 51 13.03 Tests and Inspections 51 13.04 Uncovering Work 52 13.05 Owner May Stop the Work 53 13.06 Correction or Removal of Defective Work 53 13.07 Correction Period 53 13.08 Acceptance of Defective Work 54 13.09 Owner May Correct Defective Work 54 Article 14 - Payments to Contractor and Completion 55 14.01 Schedule of Values 55 14.02 Progress Payments 55 14.03 Contractor's Warranty of Title 58 14.04 Substantial Completion 58 14.05 Partial Utilization 59 14.06 Final Inspection 60 14.07 Final Payment 60 14.08 Final Completion Delayed 61 14.09 Waiver of Claims 61 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii Article 15 — Suspension of Work and Termination 62 15.01 Owner May Suspend Work 62 15.02 Owner May Terminate for Cause 62 15.03 Owner May Terminate For Convenience 63 15.04 Contractor May Stop Work or Terminate 64 Article 16 — Dispute Resolution 64 16.01 Methods and Procedures 64 Article 17 — Miscellaneous 65 17.01 Giving Notice 65 17.02 Computation of Times 65 17.03 Cumulative Remedies 65 17.04 Survival of Obligations 65 17.05 Controlling Law 66 17.06 Headings 66 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 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 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. 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. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 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 is to be accompanied by such supporting documentation as is required by the Contract Documents. 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. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 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 —A document recommended by Engineer which is signed by Contractor and 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. 10. Claim —A 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. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 66 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 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. 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. 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 66 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. 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 —A 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 bi phenyls. 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 —A 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. 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. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 66 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 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 —A 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 —A 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. 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. 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 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 66 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 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 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 Times. 1.02 Terminology 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. 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," "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 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 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 66 undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 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. 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. 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 66 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 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. 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 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 66 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 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. 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 66 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 provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 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: 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 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 66 (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 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; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 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 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 66 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. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 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, 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 govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or 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 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 representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands 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 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 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. 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 66 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 2. is of such a nature as to require a change in the Contract Documents; or 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; 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 66 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 final 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 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. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 66 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 Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such 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 have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; 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 thereto resulting from the Work. B. Not Shown or Indicated: 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 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 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 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. 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 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 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 or Contract 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 66 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. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. 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. 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 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 66 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 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. 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. 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 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 Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a 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 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 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 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 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, 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 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 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 66 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 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. 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. 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 66 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. 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 purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance 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. 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 Contractor's Insurance 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: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 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: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or 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 66 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 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 arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 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, 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); 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. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 66 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 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: 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 them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 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: 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 may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but 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 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; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 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 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 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 66 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 them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. 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 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 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 payable under any policy so issued. 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 66 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 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. 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 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 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 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 66 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.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. 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. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 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 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 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. 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 66 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 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. 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- Equals" 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. 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 66 1. "Or- Equal" 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. 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 item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: 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 66 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: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, 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 b) available engineering, sales, maintenance, repair, and replacement services; and 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 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. 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 66 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 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 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. 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 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 66 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 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. 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 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 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. 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, 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 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 66 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, design, process, product, or device specified in the Contract Documents, but not identified as being subject to 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, 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, 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 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 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 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 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. 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 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 66 the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by 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: 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. 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 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. 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 66 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 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: 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. 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. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 66 E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, 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). 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 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 32 of 66 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. 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 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: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable 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 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. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: 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; 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 indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 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. 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 and approval of that submittal. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 66 3. With each submittal, Contractor shall give Engineer specific written notice of any variations 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 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. 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 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, 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 66 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: 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 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 the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 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; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 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, 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 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 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 . 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 66 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, 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, 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, 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, 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 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 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 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 66 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 required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site 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 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 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 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 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 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 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. 7.02 Coordination 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: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 66 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 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. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 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 to Contractor through Engineer. 8.02 Replacement of Engineer 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. 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 66 8.05 Lands and Easements; Reports and Tests 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 insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities 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 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. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program 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. 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 66 ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction 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, 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 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 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, 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 66 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. 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. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work 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 Owner and Contractor arising prior to the date final 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 the event giving rise to the question. 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 66 B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If 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 purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and 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 partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 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 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, 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. 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 to the Resident Project Representative, if any, and assistants, if any. 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 66 9.10 Compliance with Safety Program 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 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 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. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) 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; 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 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 executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 66 applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety 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 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 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 otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. 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 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 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. 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 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; 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. 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 66 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 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 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 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 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 be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If 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 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 66 be acceptable. If any subcontract provides 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. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not 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. 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 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 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 Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. 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 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. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 66 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. 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. 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 Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances 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 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 66 performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: 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 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 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. 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 Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work 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 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. 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 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 cover Contractor's overhead and profit for each separately identified item. 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 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 66 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 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 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: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; 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 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 66 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. 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 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 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 66 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 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 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 51 of 66 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. 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. 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. 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. 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, 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 66 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. 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 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). 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. 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 66 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 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. 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 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 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 66 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 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. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values 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. 14.02 Progress Payments A. Applications for Payments: 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 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 66 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 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 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 66 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 b. for the means, methods, techniques, sequences, or procedures of construction, or the 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 replacement; b. the Contract Price has been reduced by Change Orders; 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 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 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 66 Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. 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 d. 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. 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 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. 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 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title 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 later than the time of payment free and clear of all Liens. 14.04 Substantial Completion 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 specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. 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 therefor. 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 66 C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a 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 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, 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 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. 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 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 final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially 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. 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. 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. 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 66 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. 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. 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 final 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. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract 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 application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: 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; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and 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. 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 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 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 66 and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or 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 receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 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 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 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 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 final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 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: 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 66 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 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. 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 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 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 conversion); 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 66 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 liability. 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 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 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 66 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 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 finally 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. 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 final 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 final and binding 30 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 64 of 66 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. 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 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, EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 65 of 66 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. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 66 of 66 SECTION 00800 SUPPLEMENTARY CONDITIONS FOR DURHAM REUSE PUMPING SYSTEM IMPROVEMENTS PROJECT NO. 6479 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 — Delete and replace the following paragraphs: 15. Contractor -- Person or entity identified as such in the Agreement and the Contractor's authorized representatives who are referred to throughout the Contract Documents as if singular in number. Delete paragraph 1.01.A.19 and insert the following in lieu thereof: 19. Engineer -- Person or entity identified as such in the Agreement and the Engineer's authorized representatives who are referred to throughout the Contract Documents as if singular in number. Delete paragraph 1.01.A.30 and insert the following in lieu thereof: 30. Owner -- The individual, entity, public body or authority identified as such in the Agreement and the Owner's authorized representatives who are referred to throughout the Contract Documents as if singular in number. 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. December 2010 00800 -1 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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 ORS 279C.836(4), (7), (8) or (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 ORS 279C.836(4), (7), (8) or (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: 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. SC- 2.05.A – Before Starting Construction: Add the following to paragraph 2.05.A: 4. A preliminary schedule of payments showing projected cash flow. SC- 2.07.A – Initial Acceptance of Schedules: Add the following to paragraph 2.07.A: 4. Contractor's schedule of payments will be acceptable if it provides a reasonable projection of payments in relationship to the Progress Schedule and Schedule of Values. 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 3. Addenda 4. Contractor's Bid (Bid Form) 5. Supplementary 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. December 2010 00800 -2 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions SC- 3.03.A.3 — Delete Paragraph 3.03.A.3 in its entirety and replace it with the following paragraph: 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 knew or reasonably should have known thereof. SC- 3.04.B.2 — Delete the parenthetical phrase in its entirety in Paragraph 3.04.B.2 and replace with the following: (Subject to the provisions of Section 01300 — Submittals) SC- 3.05.A — Delete Paragraph 3.05.A in its entirety and replace it with the following paragraph: A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: SC- 4.01.B — Delete Paragraph 4.01.8 in its entirety. SC- 4.02.A.1 — Delete Paragraph 4.02.A.1 in its entirety and replace it with the following paragraph: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and SC -4.02. - Add new paragraphs immediately after paragraph 4.02.B of the General Conditions as follows: C. In preparation of Drawings and Specifications, Engineer or Engineer's Consultants have utilized the following drawings of physical conditions: 1. Durham Phase 2A Construction Drawings; and 2. Reuse Pump 1 Modifications (2003). D. These reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Contractor may rely as provided in paragraph 4.02.B of the General Conditions and as identified and established above are incorporated by reference. Contractor is not entitled to rely upon other information and data utilized by Engineer and Engineer's Consultants in the preparation of Drawings and Specifications. 1. None. D. These reports and drawings are not part of the Contract Documents, but as established above, the Contractor may reasonably rely on the general accuracy of the technical data contained in such reports and drawings, except for such physical dimensions that can be field verified. However, the interpretation of such technical data, including interpolation or extrapolation thereof, and opinions contained in such reports and drawings are not to be relied on by the Contractor. Copies of these reports and drawings may be examined at the office of the Owner or Engineer during regular business hours if said reports and drawings are not bound herein. December 2010 00800 -3 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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- 4.04.A.1 — Delete the words "provided by others" following the word "data" from the end of this paragraph. 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.A — Delete Paragraph 4.06.A in its entirety and replace it with the following paragraph: A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. 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. 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. 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) 2. Kennedy /Jenks Consultants, Inc. Deliver all certificates of insurance required by the Contract Documents to Owner with the executed Agreement. SC -5.04 - Delete Paragraph 5.04 in its entirety and replace with the following paragraphs: 5.04 Contractor's Liability Insurance December 2010 00800 -4 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions A. Insurance Generally: Contractor shall provide the insurance coverage designated hereinafter and pay all costs therefor. 1. Contractor shall provide a certificate of insurance, 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, 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. 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, 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 Harbor Worker'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 Contractor, 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. December 2010 00800 -5 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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 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 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 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 December 2010 00800 -6 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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 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. 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 requirements 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 official. L. Additional Insurance: In addition to the specific insurance requirements set forth above, 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.B — Delete the word "Owner" in the first line and replace with the word "Contractor ". SC- 5.06.E — Replace the word "Owner" with the word "Contractor" and replace the word "Contractor with the word "Owner" throughout this paragraph. December 2010 00800 -7 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions SC- 5.07.B.1. - Delete this Paragraph in its entirety and renumber Paragraph 5.07.B.2 to become 5.07.B.1. SC-6.01.B— Add the following after the first sentence of Paragraph 6.01.B: If a replacement is necessary, the replacement shall also be a competent resident superintendent and shall be subject to approval by 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 any time 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 4:00 p.m. on weekdays only. SC -6.03 Services, Materials, and Equipment: —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 for any cause whatever shall not relieve Contractor of Contractor's responsibility for the Work and materials as specified herein. 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. SC- 6.04.A — Add the following subparagraph to paragraph 6.04.A immediately after subparagraph 6.04.A.2: 3. If, in the opinion of Engineer, Contractor falls behind the accepted Construction Schedule due 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 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 schedules as may be necessary to demonstrate the December 2010 00800 -8 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions manner in which the acceptable rate of progress will be regained, all without additional cost to Owner. SC- 6.05.E. — Delete the word "reasonable" from in front of the word "charges" in two places in this Paragraph. SC- 6.06.B — Concerning Subcontractors, Suppliers, and Others: Delete the first sentence of the paragraph 6.06.B and insert the following in lieu thereof, and add subparagraph 6.06.B.1: B. Contractor shall submit to the Owner a list of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner as stipulated in the Bidding Documents. Owner's acceptance (either in writing or by failing to make written objection thereto within two weeks of submittal of the list) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. 1. Subcontracting: Contractor shall perform with Contractor's own organization Work amounting to not less than 51 percent of the combined value of all items of the Work covered by the Contract. SC- 6.07.A — Patent fees and Royalties: add the following subparagraphs immediately after paragraph 6.07.A: 1. Contractor shall furnish to Owner at the time of initial submittal, satisfactory evidence that Suppliers of proprietary materials, equipment, devices, or processes to be furnished or used in the performance of the Work do indemnify, keep, and save harmless Contractor from all liabilities, judgments, costs, damages, and expenses which may arise from the use of such proprietary materials, equipment, devices, or processes, furnished to Contractor for incorporation in or use in performance of the Work and their operation by Owner after acceptance of the Work. Such satisfactory evidence shall consist of patent licenses or patent releases covering proprietary materials, equipment, devices or processes. SC- 6.08.A — In Paragraph 6.08.A after the words, "Supplementary Conditions ", add the words, "or Division 1 — General Requirements ". SC -6.08 — Add the following paragraph immediately after paragraph 6.08.A: B. Contractor shall be responsible for obtaining all permits. Owner, however, will pay the cost of the permits. SC- 6.09.B — Insert the word "primary" in front of the word "responsibility" in the second sentence of this paragraph. 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 regulations. This Agreement shall include by reference any other standard contract clauses required by federal, state and local laws, ordinances and regulations. December 2010 00800 -9 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 1. Prompt Payment: Contractor shall promptly pay all of its obligations arising out of or in 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 incurred in the performance of the Work, and (3) to the Department of Revenue of all sums withheld from employees under ORS 316.167. 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. 3. Contractor's Failure to Make Prompt Payment: If, upon reasonable concern by Owner that Contractor has failed, neglected or refused to make prompt payment of any claim for labor, equipment, services or materials furnished to Contractor or a Subcontractor by any person in connection with the Project as such claim becomes due, 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 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 (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. 4. Contractor's and First -Tier Subcontractor's Failure to Make Payment After Payment From Owner; Interest Penalty: If Contractor or a first -tier Subcontractor fails, neglects or refuses to make payment to a person furnishing labor, equipment, services or materials in connection with the Project within thirty (30) days after receipt of payment from Owner or Contractor, 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 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 Owner or from 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 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 Owner of a claim in the manner authorized in this paragraph does not relieve Contractor or Contractor's surety from obligation with respect to any unpaid claims. 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. Contractor and any Subcontractors shall comply with ORS 279C.838 and ORS 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 December 2010 00800 -10 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions wage for such workers incorporated by reference 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 as well as all applicable construction industry standards, 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 Owner 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. 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. 12. Notice of Required Work Hours: 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 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 Contractor within 90 days from the completion of the contact, provided 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: Contractor shall promptly make payment, as due, to any person, co- partnership, association or corporation, furnishing medical, surgical or hospital care services or other needed care and attention, incident to sickness or injury, to December 2010 00800 -11 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that 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 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 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 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 list shall be attached to the Agreement as an Exhibit. The receipt of such list shall not require Owner or Engineer to investigate the qualifications of proposed Subcontractors and Suppliers, nor shall it waive the right of Owner to later object to or reject any proposed Subcontractor or Supplier. It shall be the responsibility of 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. 19. Composting: To the extent the scope of the Work for this Agreement requires lawn and landscape maintenance, 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 prevention of environmental pollution and preservation of natural resources. Federal Agencies: Agriculture, Dept. of Forest Service Natural Resources Conservation Service Defense, Dept. of Army Corps of Engineers December 2010 00800 -12 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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 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 Forestry, Dept. of Geology and Mineral Industries, Dept. of Human Services, Dept. of Labor and Industries, Bureau of Land Conservation and Development, Dept. of Natural Resources, Dept. of Parks and Recreation, Dept. of State Fire Marshall State Lands, Dept. of Water Resources Department Local Agencies: City Councils Circuit Courts County Commissioners, Boards of Fire Districts Historical Preservation Commission Planning Commissions Port Districts Special Districts Oregon Tribal Governments December 2010 00800 -13 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 21. Retainage: The withholding of retainage by Contractor or Subcontractor shall be in accordance with ORS 279C.550 to ORS 279C.570, and 279C.845(7). 22. Liens: 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. 23. Notice of Claim on Bond: The notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand - delivered no later than 180 days after the day the person last provided labor or furnished materials or 180 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 or conducts business or at the residence of Contractor or Subcontractor. If the claim is for a required contribution to a fund of an employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 200 Days after the employee last provided labor or materials. The notice shall be in writing substantially as follows: To (here insert the name of Contractor or Subcontractor and the name of the Owner): 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 taken). Such material or labor was supplied to (here insert the name of Contractor or Subcontractor). (here to be signed) SC- 6.12.A — In the last sentence of Paragraph 6.12.A: delete the words, "these record documents" and replace with the words, "these 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: 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. December 2010 00800 -14 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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. The hazards associated with these confined 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. 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 Contractor. Upon request by Contractor, Owner will review with Contractor, Owner's permit- required confined 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 confined 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.D — Change "D" to "E" in Paragraph 6.13.D and insert the following Paragraph as 6.13.D: D. 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 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 have been approved and endorsed by Contractor's designated safety representative required in Paragraph 6.14. SC- 6.13.E and 6.13.F — Re -label existing paragraphs 6.13.E. and 6.13.F to become 6.13.H and 6.13.1. SC -6.13 — Insert the following paragraphs as 6.13.F and 6.13.G: 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, 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. 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 December 2010 00800 -15 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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 Requirements. SC- 6.20.A — Delete Paragraph 6.20.A in its entirety and replace it with 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, 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 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 Contractor. SC- 6.21.B — Add the following sentence to Paragraph 6.21.8: 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 with "Section 01300 — Submittals ". SC -7.01 — Add the following paragraphs immediately after Paragraph 7.01.C: 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 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, 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 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 engineers, architects, attorneys and expert witness' fees) arising directly, indirectly or consequentially 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 December 2010 00800 -16 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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 of work activities conducted by other contractors performing such other work. B. Unless expressly assigned to Engineer or Owner, all other authority and responsibilities shall remain vested in each contractor and utility owner. SC- 7.03.B — Delete the word "wrongful" from the last sentence of this paragraph. SC- 7.03.0 — Delete Paragraph 7.03.0 in its entirety and replace with the following paragraph: C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. SC- 8.02.A — In Paragraph 8.02.A, delete the words, "to whom Contractor makes no reasonable objection, ". SC- 8.05.A — Delete Paragraph 8.05.A in its entirety and replace with the following: 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 in or relating to existing surface or subsurface structures at the Site that have been utilized by Engineer in preparing the Contract Documents. SC- 8.11.A — Delete Paragraph 8.11.A in its entirety and replace it with the following: A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. SC -8.12 — Change the paragraph reference "6.13.D" to "6.13.E." SC- 9.01.A — Add the following language to the end of Paragraph 9.01.A: and will not be changed without written consent of Owner and Engineer. December 2010 00800 -17 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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, 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 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 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. 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) 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. 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 or Specifications and provide recommendations to Engineer; transmit to Contractor the decision issued by Engineer. December 2010 00800 -18 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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 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, and 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. 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. 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 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 specifically authorized by Engineer. December 2010 00800 -19 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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: F. Contractors, Subcontractors, Suppliers and others on the Project, or their sureties, shall maintain no direct action against the Design Engineer of Record, 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 the Design Engineer of Record. SC- 9.10.A.Change the reference to "paragraph 6.13.D" in this paragraph to "paragraph 6.13.E." SC- 10.01.A — Change "B" to "E" in Paragraph 10.01.B and add the following paragraphs immediately 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, Owner and Contactor acknowledge and agree that: 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 the 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 December 2010 00800 -20 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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. SC -10.06 — Add the following paragraph to ARTICLE 10 — CHANGES IN THE WORK; CLAIMS: 10.06 Cost Reduction Incentive A. 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. 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. Engineer will not be liable to the Contractor for any failure to accept or act upon any cost reduction proposal submitted, nor for any delays to the Work attributable to any such cost reduction proposal. D. 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. 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, Engineer reserves the right to disregard December 2010 00800 -21 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions Contract bid prices if, in the judgment of Engineer, such prices do not represent a fair measure of the value of the work to be performed or deleted. F. Engineer reserves the right to require Contractor to share in Owner's costs of investigating a cost reduction proposal submitted by Contractor. Where such condition is imposed, Contractor shall indicate acceptance in writing, and such acceptance shall constitute full authority for Engineer to deduct amounts payable to Contractor from any monies due Contractor under the Contract. G. If 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. 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 Contractor who first submitted such proposal will be eligible for compensation, and only to those contracts awarded to 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. 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 Contractor. J. 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 for foremen and superintendents shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. December 2010 00800 -22 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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 (www.equipmentwatch.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 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 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 made therefore; and 6) Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time to be paid for equipment at 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: December 2010 00800 -23 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 1) When hourly rates are listed, any part of an hour less than 30 minutes of operation 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, 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; 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 — Paragraph 12.01.C. SC- 11.01.B.5 — Insert the words ", including lost opportunity costs" between the words "kind" and "and" in the second line. Delete the "s" on "Paragraphs" in this same paragraph. SC- 11.01.D — Add the following to Paragraph 11.01.D: 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. 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 immediately following the word "Subcontractor" at the end of this Paragraph: 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 SC- 12.02.B — Add the following to Paragraph 12.02.B: 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 to 12.02 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 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 December 2010 00800 -24 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions and the late finish date, is jointly owned by both Owner and Contractor whether expressly disclosed or implied in any manner. 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 12.03.0: 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 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. SC- 12.03.E — Add the following paragraph immediately after Paragraph 12.03.E: F. Contractor shall proceed expeditiously with adequate forces and shall achieve Final Completion within the Contract Time. If 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. 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.B.2 — Delete the word "and" at the end of this paragraph. SC- 13.03.B.3 — Change Paragraph "3" to "4" and add the following paragraph: 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 December 2010 00800 -25 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions is not required, testing laboratories or agencies shall meet the 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: 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 ". Add the following immediately following Paragraph 14.02.A.1: a. Stored Materials and Equipment: Payments for stored materials and equipment shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit to Contractor. Partial payments will not be made for undelivered materials or equipment, except for payments associated with procurement contracts initiated by Owner and assigned to Contractor. b. Schedules and Data: During the progress of the Work, each Application for Payment shall be accompanied by Contractor's updated schedule of operations, or progress report, with the shop drawings schedules, procurement schedules, and value of material on hand included in the application, and other data specified in Section 01330 or reasonably required by Engineer. c. Payment for material delivered to the Work Site or stored under Owner's control will be based on the vendors' paid invoices or the bill of lading showing date of delivery and the Work Site where the delivery took place, a copy of which shall be furnished by Contractor to Engineer with each request for progress payment. Only those materials which have been incorporated into the Project or are stored under Owner's control may be included in the progress payment as material stored. d. In addition to the amounts which Owner may retain as provided elsewhere in the Contract Documents, Owner may withhold a sufficient amount or amounts from any payment otherwise due Contractor as in Owner's judgment may be necessary to cover: December 2010 00800 -26 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 1) Payments which may be due and payable for properly filed claims against Contractor or any Subcontractor for labor or materials furnished in or about the performance of the Contract. 2) Estimated or actual costs for correcting defective work not remedied. 3) Amounts claimed by Owner as forfeiture due to delays or other offsets. Owner may apply such withheld amount or amounts to the payment of such claim at Owner's discretion. In doing so, Owner shall be deemed the agent of Contractor and any payments so made by Owner shall be considered as a payment made under the Contract by Owner to Contractor, and Owner shall not be liable to Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. Owner shall render to Contractor a proper account of any such funds disbursed in or on behalf of Contractor. 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. SC- 14.02.D.2 - Delete Paragraph 14.02.D.2 and replace it with the following paragraph: 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; December 2010 00800 -27 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions iii. Submittal review in excess of two reviews by Engineer for substantially the same 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- 14.02.D.3 — Renumber existing Paragraph 14.02.D.3 to become Paragraph 14.02.D.4. and insert the following paragraph for 14.02.D.3: 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 amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. SC- 14.04.A — Add the following to Paragraph 14.04.A: Substantial Completion is further defined as (i) that degree of completion of the Project's operating facilities or systems sufficient to provide Owner the full time, uninterrupted, and continuous beneficial operation of the Work; (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 has been 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. 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. December 2010 00800 -28 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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. SC - 14.04.D — Delete the last sentence of Paragraph 14.04.D. SC - 14.07.A.2.a. — Change the reference to Paragraph "5.04.B.6" to"5.04.B"in this paragraph. SC — 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 - 15.02 - Delete paragraphs 15.02.A through 15.02.D and insert the following in lieu thereof: A. If Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure the completion of the Work within the Contract Times, or any extension thereof, or fails or refuses to complete such Work within such extension, or if Contractor should be adjudged bankrupt, or if Contractor should make assignment for the benefit of Contractor's creditors, or if Contractor files a petition to take advantage of any debtor's act, or if a receiver should be appointed on account of Contractor's insolvency, or if Contractor or any Subcontractor should violate any provision of the Contract, or if Contractor should persistently refuse or should fail to supply enough properly skilled workmen or proper materials to complete the Work in the time specified, or if Contractor should fail to make prompt payment to Subcontractors or for materials or labor, or if Contractor should disregard laws, ordinances, or instructions given by Owner or Engineer or disregard in any substantial way any provisions of the Contract Documents; Owner may without prejudice to any other right or remedy, serve written notice upon Contractor and Contractor's surety of Owner's intention to terminate the Contract. Such notice will contain the reasons for Owner's intention to terminate the Contract and unless such violations shall cease and satisfactory arrangements for the corrections thereof have been accepted by Owner in writing within 10 days after the service of such notice, the Contract shall upon the expiration of said 10 days cease and terminate. In the event of such termination, the Owner shall immediately serve written notice upon the Surety and Contractor, and Contractor shall be liable for all costs necessary to complete the Work. B. The Surety shall, after receipt of notification from Owner of termination of the Contract, take over and perform the Work, utilizing a Contractor which is acceptable to Engineer. The Surety shall, within 10 days after receipt of the notice of termination, provide Owner with written notice of Surety's intent to take over and complete the Work in accordance with the Contract Documents, and shall commence the Work within 10 days thereafter. December 2010 00800 -29 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions C. If the Surety does not reply to the notice of termination, or fails to perform the Work in compliance with the Contract Documents, or provides the Owner with written notice that Surety does not intend to take over and perform the Work to completion, Owner may without prejudice on the part of the Surety, take over the Work and prosecute the same to completion by any method Owner may deem advisable for the Project at the expense of Contractor, and the Surety shall be liable to Owner for any excess cost incurred by or other damage to Owner. In such event Owner may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor that may be on the Work Sites and be necessary therefore. Contractor shall turn over to Owner's Operating Agent all materials and equipment in Contractor's possession that is to be incorporated into the Project, and shall make arrangements with Owner to turn over any materials or equipment in which Owner has made payment or partial payment but is not in Owner's possession. D. Upon completion of the Work, if the unpaid balance of the Contract Price exceeds the direct and indirect cost of completing the Work, including, but not limited to, all costs incurred by Owner from professional services and attorneys' fees and all costs generated to insure or bond the Work of substitute contractors or Subcontractors used to complete the Work, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to Owner within 30 days upon demand; on failure of Contractor to pay, the Surety shall promptly pay the difference to Owner upon written notice of Contractor's failure to pay. Such difference or any portion thereof not paid by Contractor or the Surety within the 30 days following the date of mailing of the demand for payment, shall earn interest at the rate of 10 percent per annum or the maximum rate authorized by state law, whichever is lower. 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 16.02: 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 December 2010 00800 -30 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions for Claims which have been waived by the making or acceptance of final 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. B. Should the mediation be unsuccessful, such Claim, dispute or other matter (except for Claims which have been waived by the making or acceptance of final 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 final and binding upon Owner and Contractor. If Engineer renders a further decision after mediation or arbitration proceedings have been initiated, the decision 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 party 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 after the date when institution of legal or equitable proceedings based on such unsettled Claim, dispute or other matter would be barred by the applicable statute of limitations. F. Except as provided in Paragraphs 16.02.G and H 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. 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 December 2010 00800 -31 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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. 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: 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 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% 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 December 2010 00800 -32 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions 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 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 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 December 2010 00800 -33 Durham Reuse Pumping System Improvements Project No. 6479 Supplementary Conditions EXHIBIT A CONTRACT CHANGE ORDER NO: TO CONTRACTOR: PROJECT: DURHAM REUSE PUMPING SYSTEM PROJECT 6479 IMPROVEMENTS NO. OWNER: CLEAN WATER SERVICES ENGINEER: The following 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 Previous Contract Change Previous Contract Change Days Orders: Orders: This Contract Change This Contract Change Order: Days Order: Revised Contract Amount: Revised Contract Time: Days The Revised Contract Completion Date is: 20 This Change Order is Issued in Accordance with Paragraph SC — 10.01.A of the Supplementary Conditions Owner Contractor Engineer Recommendation By: By: By: Date: Date: Date: SECTION 00810 OREGON PREVAILING WAGE RATES C The applicable Oregon minimum prevailing wage rates are contained in the publication July 1, 2010 Prevailing Wage Rates for Public Works Contracts in Oregon effective July 1, 2010, including all applicable amendments (see links at http: / /www.oregon.gov /boli /whd /pwr /pwr state.shtml), available at http: / /www.oregon.gov /boli, and are incorporated herein as though fully set forth as of the date these Bidding Documents were first advertised. December 2010 00810 -1 Durham Reuse Pumping System Improvements Project No. 6479 Oregon Prevailing Wage Rates DIVISION 1: GENERAL REQUIREMENTS 01010 Summary of Work 01014 Work Sequence and Schedule Constraints 01060 Safety and Health 01190 Seismic Requirements 01300 Submittals 01500 Contractor's Facilities and Utilities 01505 Mobilization and Demobilization 01560 Environmental Controls 01605 Shipment, Protection and Storage 01650 Commissioning and Facility Startup 01700 Restoration of Improvements 01720 Record Drawings 01730 Operation and Maintenance Information 01999 Reference Forms SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.01 The WORK covered under this Contract will be performed at the site of the Clean Water Services' Durham Advanced Wastewater Treatment Facility located at 16580 SW 85th Avenue, Tigard, Oregon 97224. 1.02 PROJECT MEETINGS A. Preconstruction Conference: 1. Prior to the commencement of Work at the Site, a preconstruction conference will be held at Owner's Office at a mutually agreed time, but no later than 14 days after the Notice to Proceed. The conference shall be attended by Contractor's Project Manager, Superintendent, Quality Control Engineer, Safety Representative, and Subcontractors. Subcontractor attendance shall be requested and approved by Engineer. Other attendees will be: Engineer and the Resident Project Representative. Representatives of Owner. Governmental representatives, as appropriate. Utilities representatives, as appropriate. Others as requested by Contractor and Owner upon approval by the Engineer. 2. Contractor shall bring the preconstruction conference submittals in accordance with Section 01300, SUBMITTAL PROCEDURES. 3. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The complete agenda will be furnished to Contractor prior to the meeting date. However, Contractor should be prepared to discuss all of the items listed below. Contractor's initial schedules. Procedures for and transmittal, review, and distribution of Contractor's submittals (normal and deferred). Processing applications for payment. Maintaining record documents. December 2010 01010 -1 Durham Reuse Pumping System Improvements Project No. 6479 Summary of Work Special inspection procedures. Critical work sequencing. Field decisions and Change Orders. Use of Site, office and storage areas, security, housekeeping, and Owner's needs. Major equipment deliveries and priorities. Contractor's assignments for safety and first aid. Daily Report Form which the Engineer will furnish. Submittal Transmittal Form which the Engineer will furnish. Temporary utilities. 4. Engineer will preside at the preconstruction conference and will arrange for keeping and distributing the minutes to all persons in attendance. Contractor shall advise Engineer within 5 days of receipt of minutes if Contractor does not agree with the content of minutes. Contractor and its subcontractors should plan on the conference taking four hours. The conference will cover the items listed in paragraphs 2 and 3, and will include reviewing the Drawings and Specifications, in extensive detail, with Engineer and Owner. B. Progress Meetings: 1. Engineer will schedule and hold regular on -site progress meetings at least weekly and at other times as requested by Contractor or as required by progress of the Work. Contractor and Engineer shall attend each meeting and representatives of Owner may also attend. Contractor may at its discretion request attendance by representatives of its suppliers, manufacturers, utilities, and subcontractors. Attendance by such representatives shall be subject to approval of Engineer. 2. Engineer will preside at the progress meetings and will arrange for keeping and distributing the minutes. Contractor shall advise Engineer within 5 days of receipt of minutes if Contractor does not agree with content of minutes. The purpose of the meetings is to review the progress of the Work including review of Contractor's three week look -ahead schedule, review submittal and Request for Information status, review change order status, review coordination with operations, maintain coordination of efforts, address field problems, and resolve other problems which may develop. The three -week look -ahead schedule shall include but not be limited to key upcoming activities such as major equipment deliveries to the Site, key construction activities and key testing activities. The three -week look -ahead schedule shall be in the form of marked -up Drawings and schedules /flow charts to depict the activities. During each meeting, Contractor shall present any issues that may impact its December 2010 01010 -2 Durham Reuse Pumping System Improvements Project No. 6479 Summary of Work progress and propose solutions with a view to resolve these issues expeditiously. 3. Engineer shall prepare and distribute agenda. Engineer shall review progress of the Work, Progress Schedule, narrative report, Application for Payment, record documents, and additional items of current interest that are pertinent to execution of the Work. 4. Verify: Actual start and finish dates of completed activities since last progress meeting. Durations and progress of activities not completed. Reason, time, and cost data for Change Order Work that will be incorporated into Progress Schedule and application for payment. Percentage completion of items on Application for Payment. Reasons for required revisions to Progress Schedule and their effect on Contract Time and Contract Price. 5. Discuss potential problems that may impede scheduled progress and corrective measures. C. Electrical and Instrumentation and Controls Presubmittal Conferences: 1. Contractor shall attend Electrical and Instrumentation and Controls Presubmittal Conferences as described in Section 16050 and 17050. 1.03 PROJECT STATUS REPORTING A. Contractor shall prepare monthly written narrative reports of the status of the Project for submission to the Engineer. The monthly reports shall be submitted to the Engineer seven (7) days prior to the first weekly progress meeting each month. Written status reports shall include: 1. The status of major Project components (percent complete, amount of time ahead or behind schedule) and an explanation of how the Project will be brought back on schedule if delays have occurred. 2. The progress made on critical activities indicated on the CPM Schedule. 3. Explanations for any lack of Work on critical path activities planned to be performed during the last month. 4. Explanations for any schedule changes, including changes to the logic or to activity durations. 5. A list of the critical activities scheduled to be performed in the next two month period. December 2010 01010 -3 Durham Reuse Pumping System Improvements Project No. 6479 Summary of Work 6. The status of major material and equipment procurement. 7. The value of materials and equipment properly stored at the Site but not yet incorporated into the Work. 8. Any delays encountered during the reporting period. 9. An assessment of inclement weather delays and impacts to the progress of the Work. B. Contractor may include any other information pertinent to the status of the Project. Contractor shall include additional status information requested by Engineer. PART 2 - DESCRIPTION OF OWNER'S PROJECT 2.01 The provision of labor, materials, equipment and appurtenances for the following work on the Durham Reuse Pumping System: removing, rehabilitating and re- installing three existing centrifugal pumps to reduce motor size, replace impellers and complete other miscellaneous rehabilitation; installing three new adjustable frequency drives supplied by OWNER and completing other required electrical upgrades; replacing existing pump control valves with check valves; adding a new 300 gallon bladder -type hydro - pneumatic tank; and, other miscellaneous demolition, mechanical and electrical upgrades. A. The WORK is a public works project. Contractor and any subcontractors shall abide by ORS 279C.800 to 279C.870 that relate to the prevailing wage rates for the building and construction trades in the State of Oregon. B. 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 minimum prevailing wage rates contained in July 1, 2010 Prevailing Wage Rates For Public Works Contracts in Oregon dated July 1, 2010, including all applicable amendments (see links at http:// www. oregon. gov /boli /whd /pwr /pwr_state.shtml), and are hereby incorporated herein as of the date these Bidding Documents were first advertised. 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. Contractor shall also include in every subcontract a provision requiring the subcontractor to comply with this provision. C. Contractor shall have a public works bond filed with the Construction Contractors Board unless exempt under ORS 279C.836(4), (7), (8) or (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 ORS 279C.836(4), (7), (8) or (9). D. Owner will be responsible for paying the fee required by ORS 279C.825 to the Commissioner of the Bureau of Labor and Industries. E. "OR EQUAL" CLAUSE December 2010 01010 -4 Durham Reuse Pumping System Improvements Project No. 6479 Summary of Work In order to establish a basis of quality, certain processes, types of machinery and equipment or kinds of material may be specified on the plans or herein by designating a manufacturer's name and referring to brand or product designation. It is not the intent of these specifications to exclude other processes, equipment or materials of a type and quality equal to those designated. When a manufacturer's name, brand or item designation is given, it shall be understood that the words "or equal" follow such name or designation, whether in fact they do so or not. If Contractor desires to furnish items of equipment by manufacturers other than those specified, he shall secure the approval of Engineer prior to placing a purchase order. No extras will be allowed to the Contractor for any changes required to adopt the substitute equipment. Therefore, Contractor's proposal for an alternate shall include all costs for any modifications to the plans, such as structural and foundation changes, additional piping or changes in piping, electrical changes or any other modifications which may be necessary or required for approval and adoption of the proposed alternate equipment. Approval of alternate equipment by Engineer before or after bidding does not guarantee or imply that the alternate equipment will fit the design without modifications. END OF SECTION December 2010 01010 -5 Durham Reuse Pumping System Improvements Project No. 6479 Summary of Work SECTION 01014 WORK SEQUENCE AND SCHEDULE CONSTRAINTS PART 1 - CONTINUITY OF PLANT OPERATIONS 1.01 GENERAL A. The Durham Advanced Wastewater Treatment Facility (DAWWTF) 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 DAWWTF equipment and processes. B. The DAWWTF supplies reuse water meeting Oregon Class A Recycled Water requirements for use on the DAWWTF site and offsite. The Durham Reuse Pumping System is required to be fully operational and available to provide recycled water for onsite and offsite uses on May 1, 2011. The timeline for Substantial Completion has been set by the OWNER to comply with this date for starting the Reuse Pumping System. 1.02 PERMIT VIOLATIONS A. The DAWWTF 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. B. Penalties imposed on and costs incurred by the OWNER as a result of any violations caused by the actions of the CONTRACTOR, its 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: 1. NPDES Permit No. 101141 $10,000 per day for each violation 1.03 ACCESS A. 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 the Reuse Pumping System and other facilities in the tunnels 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. PART 2 - WORK SEQUENCE 2.01 Work shall be performed to ensure that the Durham Reuse Water Pumping System is fully operational by May 1, 2011. Substantial completion shall include installation, testing December 2010 01014 -1 Durham Reuse Pumping System Improvements Project No. 6479 Work Sequence and Schedule Constraints and start -up of rehabilitated pumps, check valves, OWNER - supplied adjustable frequency drives, and the bladder -type hydro - pneumatic tank. 2.02 CONTRACTOR shall submit a 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. 2.03 The work sequence submittal shall detail the proposed types, weights, and locations of vehicles and equipment used to lift the materials and equipment necessary for this project, including the CONTRACTOR's proposed approach for removing and reinstalling the existing reuse pumps and installing the bladder -type hydro - pneumatic tank. PART 3 - SCHEDULE CONSTRAINTS 3.01 The schedule constraints are listed in the above work sequence and are summarized below. Target Date and /or Duration Milestone in Calendar Days Substantial Completion Reuse (PS Start -up Complete and PS 80 days from Date of Notice to Proceed (NTP) operating) Final Completion 100 days from Date of Notice to Proceed (NTP) A. 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. END OF SECTION December 2010 01014 -2 Durham Reuse Pumping System Improvements Project No. 6479 Work Sequence and Schedule Constraints SECTION 01060 SAFETY AND HEALTH PART 1 - GENERAL 1.01 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 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. 1.02 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. 1.03 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 CONTRACTOR shall take measures to ensure that its personnel observe proper safety precautions when working in these areas. PART 2 - SAFETY AND HEALTH REGULATIONS 2.01 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. 2.02 The CONTRACTOR shall also comply with the provisions of the Federal Occupational Safety and Health Act, as amended. 2.03 Additional safety regulations are listed in Section 00800. PART 3 - CONSTRUCTION SAFETY PLAN 3.01 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: A. Procedures for providing workers with an awareness of safety and health hazards expected to be encountered in the course of construction. B. 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. C. Methods for minimizing employees' exposure to safety and health hazards expected during construction. D. Procedures for reporting safety or health hazards. E. Procedures to correct and follow -up on a recognized safety and health hazard. December 2010 01060 -1 Durham Reuse Pumping System Improvements Project No. 6479 Safety and Health F. Procedures for investigation of accidents, injuries, illnesses and unusual events that have occurred at the construction site. G. Periodic and scheduled inspections of general work areas and specific workstations. H. Training for employees and workers at the job site, including at a minimum: 1. General Safety Rules, including reporting of Unsafe Conditions 2. Hazard Communication & chemical safety 3. Lockout - Tagout 4. Electrical Safety 5. Evacuation Routes, Alarms & Procedures 6. Hot Work Program 7. Confined Space Program 8. Process Safety Management 9. Personal Protective Equipment Methods of communication of safe working conditions, work practices and required personal protection equipment. 3.02 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. 3.03 CONTRACTOR shall transmit to OWNER copies of reports and other documents related to accidents or injuries encountered during construction. 3.04 To ensure the safety of CONTRACTOR and employees, facilities and equipment, the CONTRACTOR shall conduct comprehensive pre -work safety review conference with employees for all CONTRACTOR work that involves: A. Construction B. Renovation C. Equipment installation & repair D. Utility modifications E. Electrical work F. Work at elevated locations G. Confined space entry H. Use of toxic substances Hot work or welding 3.05 As a minimum, the safety review participants will consist of a CONTRACTOR safety representative. All task specific safety concerns shall be addressed and resolved prior to commencement of work by the CONTRACTOR. 3.06 The CONTRACTOR shall also provide to the Construction Manager a listing of all hazardous chemicals with applicable Material Safety Data Sheets that will be used on the December 2010 01060 -2 Durham Reuse Pumping System Improvements Project No. 6479 Safety and Health job site. 3.07 Work within the aeration basins, channels and clarifiers 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). 3.08 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 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 and enforcement procedures that ensure that safe practices are followed. 3.09 CONTRACTOR shall be responsible for providing all necessary safety equipment. END OF SECTION December 2010 01060 -3 Durham Reuse Pumping System Improvements Project No. 6479 Safety and Health SECTION 01190 SEISMIC REQUIREMENTS PART 1 - GENERAL 1.01 SUMMARY A. This Section is applicable to the following secondary structural system elements, non - structural components, and /or equipment supported by structures. 1. Mechanical, electrical, and plumbing equipment and appurtenances. 2. Conduit, piping, cable trays, raceways, ducts and similar systems. 3. Tanks and vessels (include contents), including support systems. 4. Storage racks, suspended ceilings, light fixtures, raised floors, partitions, store- front, windows, louvers, architectural features and other non - structural components. 1.02 REFERENCES A. American Society of Civil Engineers Standard ASCE 7 -05, Minimum Design Loads for Buildings and Other Structures, Chapters 11, 13, 15. B. International Building Code 2009 Edition with Amendments adopted in the State of Oregon 2010 Structural Specialty Code 1.03 DEFINITIONS A. Engineer of Record: The Engineer responsible for the preparation of Contract Documents. B. Specialty Engineer: Structural or Civil Engineer provided by the Contractor licensed in the State where the project is being built responsible for specific elements of the primary structural system, the secondary structural system, non - structural elements and /or equipment supported by structures. 1.04 DESIGN REQUIREMENTS A. The Contractor is responsible for producing designs that resist the total seismic forces in accordance with the design criteria. B. For items listed below, the Contractor is responsible for submitting signed and sealed structural calculations and detailed drawings from a Specialty Structural or Civil Engineer licensed in the State of Oregon for permanent non - structural components and their attachments, and the attachments for permanent equipment supported by the structure demonstrating that the design is capable of resisting the total seismic forces in accordance with the seismic design criteria. 1. The Contractor is responsible for coordinating between the Engineer of Record and the Specialty Engineer. 2. The Specialty Engineer shall be responsible for the following elements of the primary structural system, the secondary structural system, non - structural components, and /or equipment supported by structures: a. Hydro- Pneumatic Bladder Type Surge Tank Anchorage b. Centrifugal Pumps December 2010 01190 - 1 Durham Reuse Pumping System Improvements Project No. 6479 Seismic Requirements c. Variable Frequency Drives. C Total seismic forces shall be determined in accordance with the seismic design for non - structural components and equipment in the Oregon adopted and amended versions of IBC Chapter 16 and the required coefficients and factors for determining the total design seismic forces are as follows: 1. Spectral Response Acceleration at Short Period, Sips = 0.701 2. Component Importance Factor, Ip = 1.0 3. Components Coefficient, ap, in accordance with Table 1621.2 or 1621.3. 4. Components Coefficient, Rp, in accordance with Table 1621.2 or 1621.3. D. Non - structural components and equipment shall include the following items: 1. Mechanical, electrical, and plumbing equipment and appurtenances. 2. Conduit, piping, cable trays, raceways, ducts and similar systems. 3. Tanks and vessels (include contents), including support systems. 4. Storage racks, suspended ceilings, light fixtures, raised floors, partitions, architectural features and other non - structural components. E. Coordinate the layout so that adequate space is provided between items for relative motion. Provide additional supports and restraints between items of different systems when necessary to prevent seismic impacts or interaction. F. Quality Assurance Submittals: 1. Where required in the equipment specifications in Divisions 2 through 17, submit certification that the equipment itself is designed to resist all internal seismic forces based on the seismic design criteria for the project. 2. Where required in the equipment specifications in Divisions 2 through 17 and as noted above, submit signed and sealed structural calculations and detailed drawings from a specialty Structural or Civil Engineer, licensed in the state of Oregon for the attachments and anchorage to the structure. 1.05 DESIGN REQUIREMENTS FOR PIPING, CONDUIT, AND DUCTS A. The Contractor is responsible for producing designs for support of piping, conduit, duct or other systems to resist total seismic forces based on the seismic design criteria coefficients specified above, unless shown on the Contract Documents. Except where the technical specifications give specific exemption from resistance of seismic forces, all supports shall be designed to meet seismic criteria. Support systems for piping, conduit, duct or other systems greater than 5 inches in diameter are shown on the Contract Documents. B. As an alternative to designing the supports and anchorage, where an approved national standard provides a basis for the earthquake- resistant design, submit standard, data, and details for piping, conduit, duct or other systems: 1. For ductwork, mechanical piping, process piping and electrical conduits, follow Guidelines for Seismic Restraints of Mechanical Systems by SMACNA modified as follows: a. Seismically brace piping regardless of size or location. Provide transverse braces at all changes in direction and at the end of all pipe runs. Space transverse braces not more than 20 feet apart. Provide longitudinal braces at 40 -foot centers. December 2010 01190 - 2 Durham Reuse Pumping System Improvements Project No. 6479 Seismic Requirements b. Seismically brace all ductwork regardless of size or location. Provide transverse braces at all changes in direction and at each end of run. Space braces not over 20 feet apart. Provide longitudinal braces at 40 -foot centers. 2. For fire protection systems, follow NFPA 13 modified as in paragraph 1.b above. Ensure that no seismic interaction occurs with items of other systems. 1.06 SUBMITTALS A. Submit in accordance with Section 01300. B. Submit certification for equipment not listed in paragraph 2 but included in Divisions 2 through 17 that the equipment itself is designed to resist all internal seismic forces based on the seismic design criteria for the project. C. Where required in the equipment specifications in Divisions 2 through 17 and as noted in section 1.04 above, submit signed and sealed structural calculations and detailed drawings from a specialty Structural or Civil Engineer licensed in the State where the project is being built for the attachments and anchorage to the primary structure. D. Structural calculations and detailed drawings shall be prepared by a Specialty Engineer licensed in the state where the project is being built. E. Structural calculations and detailed drawings shall clearly show the total design seismic forces which will be transferred from the elements of the structural system, non - structural components, and /or equipment and their attachments to the primary structure. F. The Engineer's review of items within a Specification Section cannot be completed until all related items have been coordinated and submitted for review. G. Quality Assurance Submittals 1. Test Reports: Submit test reports for tension testing of anchors in accordance with section 05090. 1.07 QUALITY ASSURANCE A. Qualifications: The Contractor is responsible for submitting signed and sealed structural calculations and detailed drawings from a Specialty Structural or Civil Engineer licensed in the State where the project is being built. B. Regulatory Requirements: Comply with the Oregon adopted and amended versions of the International Building Code (IBC) Section 1613, The referenced sections of ASCE 7 plus clarifications and additions specified in this Section. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 FIELD QUALITY CONTROL A. Site Tests: Tension testing of expansion or adhesive anchors utilized for anchorage shall be done in the presence of the inspector and a report of the test results shall be submitted. See Specification Section 05090 for additional requirements. December 2010 01190 - 3 Durham Reuse Pumping System Improvements Project No. 6479 Seismic Requirements B. Inspection: Special inspection shall be provided for high strength bolting or bolts installed in concrete. See Specification Section 05090 for additional requirements. END OF SECTION December 2010 01190 - 4 Durham Reuse Pumping System Improvements Project No. 6479 Seismic Requirements SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 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 Contract Documents. 1.02 The OWNER's cost of review of submittals for the same proposed materials, equipment or work shall be apportioned as follows: (1) the cost of review of the initial submittal and the first revised submittal shall be borne 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, administrative, design and engineering activities directly related to review of submittals. 1.03 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 2.01 The CONTRACTOR shall be responsible for the accuracy and completeness of the information contained in each submittal and shall ensure 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 its submittal may affect the work of another CONTRACTOR or the OWNER. The CONTRACTOR shall coordinate submittals among its subcontractors and suppliers including those submittals complying with unit responsibility requirements specified in applicable technical sections. December 2010 01300 -1 Durham Reuse Pumping System Improvements Project No. 6479 Submittals 2.02 The CONTRACTOR shall coordinate submittals with the work so that work will not be delayed and 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 Corrections Noted." 2.03 The CONTRACTOR shall certify on each submittal document that it has reviewed the submittal, verified field conditions, and complied with the Contract Documents. 2.04 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 — CATEGORY OF SUBMITTALS 3.01 GENERAL A. Submittals fall into two general categories; submittals for review and comment, and submittals, which are primarily for information only. 3.02 SUBMITTALS FOR REVIEW AND COMMENT A. 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. PART 4 — TRANSMITTAL PROCEDURE 4.01 GENERAL A. Unless otherwise specified, submittals regarding material and equipment shall be accompanied by Transmittal Form 01999 -2 specified in Section 01999. Submittals for operation and maintenance manuals, information and data shall be accompanied by Transmittal Form 01999 -2 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. B. 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. December 2010 01300 -2 Durham Reuse Pumping System Improvements Project No. 6479 Submittals 4.02 DEVIATION FROM CONTRACT A. If the CONTRACTOR proposes to provide material, equipment, or method of work, which deviates from the project manual, CONTRACTOR shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. 4.03 SUBMITTAL COMPLETENESS A. 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 5.01 GENERAL A. 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 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. B. 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 electronic file in PDF format of all information shall be transmitted with submittals for review and comment. 2. Unless otherwise specified, 3 copies of all submitted information shall be transmitted with submittals (product data) for information only. 5.02 SUBMITTALS FOR REVIEW AND CONTENT A. 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 submittal. One submittal copy 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 covered by the submittal in accordance with the noted December 2010 01300 -3 Durham Reuse Pumping System Improvements Project No. 6479 Submittals 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 its 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 its 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 6.01 Review of contract drawings, methods of work, or information regarding materials or equipment the CONTRACTOR proposes to provide, shall not relieve the CONTRACTOR of its 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 its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. END OF SECTION December 2010 01300 -4 Durham Reuse Pumping System Improvements Project No. 6479 Submittals 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 A. 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 A. The CONTRACTOR may temporarily connect into OWNER's electrical power system where 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 A. The CONTRACTOR shall provide cellular telephone service at the construction site. The CONTRACTOR shall not be permitted to use the OWNER's telephone service. 1.06 SANITARY FACILITIES A. Toilet Facilities: The CONTRACTOR may use the OWNER's existing restroom in the lower level (tunnels) below the Liquids Control Building as indicated on the December 2010 01500 -1 Durham Reuse Pumping System Improvements Project No. 6479 Contractor's Facilities and Utilities Drawings. CONTRACTOR shall clean this facility on a weekly basis and return to the original condition upon project completion. END OF SECTION December 2010 01500 -2 Durham Reuse Pumping System Improvements Project No. 6479 Contractor's Facilities and Utilities SECTION 01505 MOBILIZATION AND DEMOBILIZATION PART 1 - GENERAL 1.01 MOBILIZATION 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 work and operations which must be performed, or costs incurred prior to beginning work, on the various items on the project site. 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. 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 December 2010 01505 -1 Durham Reuse Pumping System Improvements Project No. 6479 Mobilization and Demobilization SECTION 01560 ENVIRONMENTAL CONTROLS PART 1 — GENERAL 1.01 SITE MAINTENANCE A. 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 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, unused materials, and rubbish to present a clean and neat appearance. B. CLEAN -UP 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 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 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. 1.02 AIR POLLUTION CONTROL A. The CONTRACTOR shall not discharge smoke, dust, and other contaminants into the 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 excessive by the ENGINEER or OWNER shall be repaired or replaced. December 2010 01560 -1 Durham Reuse Pumping System Improvements Project No. 6479 Environmental Controls 1.03 NOISE CONTROL 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 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 A. 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. 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 A. It is the goal of the OWNER to maintain the category "Conditionally Exempt, Small 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 the responsibility of the CONTRACTOR or its agent. END OF SECTION December 2010 01560 -2 Durham Reuse Pumping System Improvements Project No. 6479 Environmental Controls SECTION 01605 SHIPMENT, PROTECTION AND STORAGE PART 1 - GENERAL 1.01 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. 1.02 The CONTRACTOR shall make arrangement to have shipments delivered to staging area. The OWNER will not accept shipments. PART 2 - PIPE 2.01 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 3.01 PACKAGE AND MARKING A. 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. B. Stiffeners shall be used where necessary to maintain shapes and to give rigidity. Parts of equipment shall be delivered in assembled or sub - assembled units where possible. 3.02 IDENTIFICATION A. 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. 3.03 SHIPPING A. Bearing housings, vents and other types of openings shall be wrapped or otherwise sealed to prevent contamination by grit and dirt. B. 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. December 2010 01605 -1 Durham Reuse Pump Station Improvements Project No. 6479 Shipment, Protection and Storage 3.04 STORAGE A. 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. B. Equipment and materials to be located outdoors may be stored outdoors if protected against 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. 3.05 PROTECTION OF EQUIPMENT AFTER INSTALLATION A. 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, 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 December 2010 01605 -2 Durham Reuse Pump Station Improvements Project No. 6479 Shipment, Protection and Storage SECTION 01650 COMMISSIONING AND FACILITY STARTUP PART 1 — GENERAL 1.01 SCOPE OF WORK A. 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 A. CONTRACTOR shall submit the following in accordance with Section 01300 Submittals: B. 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. C. Copies of all test reports upon completion of the individual tests. D. Affidavits 1.03 MANUFACTURER'S FIELD SERVICE AND AFFIDAVITS A. Field Service 1. 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. December 2010 01650 -1 Durham Reuse Pumping System Improvements Project No. 6479 Commissioning and Facility Startup B. Affidavits 1. Acceptable affidavits shall be submitted prior to completion of the work. Affidavits shall contain the following specific wording: a. "The Name of Equipment has been properly installed, tested, adjusted, lubricated, and 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." b. No amplification, dilution, or modification of this specific wording will be permitted. PART 2 — NOT USED PART 3 — EXECUTION 3.01 INITIAL STARTUP AND OPERATION OF FACILITIES A. The following listing is a general sequence of startup activity steps to be used in placing facility systems in operation: 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. 2. Perform satisfactory testing of electrical work required prior to energizing the electrical system. 3. Test - operate equipment by manually initiating operation. Where manual operation bypasses alarm or safety monitoring, provide continuous supervision of such parameters. 4. Complete instrumentation calibration. 5. Complete Operation Readiness Testing (ORT 1). 6. Complete the performance testing when specified for equipment in the individual equipment specification sections. 7. Following ORT 1 and in coordination with specified equipment performance testing, allow 5 days for programming to be completed by the OWNER. 8. 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. 9. Upon completion of all the above steps, initiate the operation testing and commissioning period. For the operational testing and commissioning, the new equipment shall be activated to automatically run for 5 days. During this 10 -day period, the OWNER will run the different combinations of the equipment control options. If equipment failure occurs during the 5 days of operational testing, the CONTRACTOR shall repair or replace the defective equipment and shall begin another 5 -day operational test. This shall be continued until the new equipment functions acceptably for 5 consecutive days. December 2010 01650 -2 Durham Reuse Pumping System Improvements Project No. 6479 Commissioning and Facility Startup 10. After successful completion of testing, completion of required training, commissioning, and receipt of final O &M manuals, the OWNER will take over maintenance duties as well as operation and will begin to provide and pay for operation and maintenance costs. 11. Complete all documentation of tests for record submittal prior to final acceptance. B. 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 December 2010 01650 -3 Durham Reuse Pumping System Improvements Project No. 6479 Commissioning and Facility Startup SECTION 01700 RESTORATION OF IMPROVEMENTS PART 1 - STRUCTURES 1.01 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 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 as a result of the work under this contract. PART 2 - ROADS AND STREETS 2.01 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 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 of loose material. Rough cuts shall not be allowed. PART 3 - CULTIVATED AREAS AND OTHER SURFACE IMPROVEMENTS 3.01 Cultivated or planted areas and other surface improvements, which are damaged by CONTRACTOR, shall be restored to their original condition. Existing guard posts, barricades, and fences, which are damaged, shall be repaired. PART 4 - PROTECTION OF EXISTING INSTALLATIONS 4.01 CONTRACTOR shall immediately repair or replace all existing equipment, controls, structures, or facilities, which are damaged as part of its operations. 4.02 CONTRACTOR shall take all measures necessary to ensure that construction debris and materials are kept out of the wastewater system. END OF SECTION December 2010 01700 -1 Durham Reuse Pumping System Improvements Project No. 6479 Restoration of Improvements SECTION 01720 RECORD DRAWINGS PART 1 — SUMMARY 1.01 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. A. Marking of the contract documents shall be performed using colored pencils as follows: 1. Additions Red 2. Deletions Green 3. Comments Blue 4. Dimensions Red (if change is to appear on final Record Drawings) 5. Dimensions Blue (if a dimensional note is not intended to appear on final Record Drawings) B. 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 December 2010 01720 -1 Durham Reuse Pumping System Improvements Project No. 6479 Record Drawings SECTION 01730 OPERATION AND MAINTENANCE INFORMATION PART 1 - GENERAL 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. O &M information shall be provided for each maintainable material and piece of equipment. PART 2 - INFORMATION REQUIRED 2.01 GENERAL A. O &M information shall include the names, addresses, and telephone numbers of the manufacturer, nearest representative, and nearest supplier of parts. 2.02 OPERATING INSTRUCTIONS A. Instructions, procedures, and illustrations shall be provided for the following phases of operation as applicable: 1. Safety precautions. 2. Operator prestart. 3. Startup, shutdown, and post shutdown. 4. Normal operations. 5. Emergency operations. 6. Operator service requirements. 7. Environmental conditions. 2.03 PREVENTATIVE MAINTENANCE A. The following preventative maintenance data shall be provided: 1. Lubrication data, including recommended lubricants for specific temperature ranges; charts and diagrams showing lubrications points; lubricant types, grades, and capacities; and a lubrication schedule. 2. Preventative maintenance plan and schedule. 2.04 CORRECTIVE MAINTENANCE A. Manufacturer's recommendations shall be provided on procedures for correcting problems and making repairs, including the following: 1. Troubleshooting guides and diagnostic techniques. 2. Wiring diagrams and control diagrams, as applicable. 3. Maintenance and repair procedures. 4. Removal and replacement instructions. 5. Spare parts and supply lists. December 2010 01730 -1 Durham Reuse Pumping System Improvements Project No. 6479 O &M Information 6. Corrective maintenance manhours. 2.05 APPENDICES A. The following additional information shall be provided: 1. Parts identification, including labeled exploded view illustrations and parts numbers. 2. Warranty information. 3. Personnel training requirements. 4. Testing equipment and special tool information. PART 3 - TRANSMITTAL PROCEDURE AND CONTENT 3.01 Number the transmittal for any Operation and Maintenance Manual with the original root number of the approved shop drawing for the item. 3.02 Submit 2 copies until approval is received. Submit five final copies after approval is received. 3.03 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 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 sheet lifter prior to first page and following last page. 3.04 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. 3.05 Enclose one electronic copy of Operations and Maintenance manual in each hard -copy version. Electronic documentation shall be provided on standard CD -ROM 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 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 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 indexable using the Adobe Acrobat Catalog engine. 3.06 TRANSMITTAL CONTENT A. Submission of Operation and Maintenance Manuals is applicable but not necessarily limited to: 1. Major equipment. 2. Equipment used with electrical motor loads of 1/6 HP nameplate or greater. December 2010 01730 -2 Durham Reuse Pumping System Improvements Project No. 6479 O &M Information 3. Specialized equipment including valves and instrumentation and control system components for HVAC and process systems such as meters, recorders, and transmitters. 4. Valves greater than 6 IN DIA. 5. Water control gates. B. Prepare operation and maintenance manuals to include, but are not necessarily limited to, the following detailed information, as applicable: 1. Equipment function, normal operating characteristics, limiting operations. 2. Assembly, disassembly, installation, alignment, adjustment, and checking instructions. 3. Operating instructions for start -up, routine and normal operation, regulation and control, shutdown, and emergency conditions. 4. Lubrication and maintenance instructions. 5. Guide to "troubleshooting." 6. Parts list and predicted life of parts subject to wear. 7. 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. 8. Test data and performance curves. 9. A list of recommended spare parts with a price list and a list of spare parts provided under these specifications. 10. Copies of installation instructions, parts lists or other documents packed with equipment when delivered. PART 4 - PAYMENT 4.01 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. PART 5 - FIELD CHANGES 5.01 Following the acceptable installation and operation of an equipment item, the item's instructions and procedures shall be modified and supplemented by the CONTRACTOR to reflect any field changes or information requiring field data. END OF SECTION December 2010 01730 -3 Durham Reuse Pumping System Improvements Project No. 6479 O &M Information 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 December 2010 01999 -1 Durham Reuse Pumping System Improvements Project No. 6479 Reference Form — Request for Clarification Clean Water Services RFC No. Durham Advanced Wastewater Treatment Facility Form 01999 -1 REQUEST FOR CLARIFICATION Project: Durham Reuse Pumping System Improvements, Project 6479 Location: Durham AWWTF, 16060 SW 85 Avenue, Tigard, Oregon. Contractor: Area of Work in Question: PART(s), Division(s), Section(s), Paragraph(s) /Page(s), Sheet(s): Change Order Requested: [ ] Yes [ ] No Question(s): (Attach sketches as required) Submitted by: Date: Response: Response By: Date: Distribution: Contractor Owner Engineer File No. Form approved 4/3/00 December 2010 01999 -2 Durham Reuse Pumping System Improvements Project No. 6479 Reference Form — Request for Clarification Clean Water Services Submittal Transmittal No. Durham AWWTF Form 01999 -2 Project Name: Durham Reuse Pumping System Improvements Project 6479 Date Received: Project Number: Checked By: Contractor: Engineer: Date Checked: Address: Address: Date Returned: Spec. Section: Attn: Attn: 1st. Sub. I I ReSub. Date Transmitted: Previous Transmittal Date: u u No. Description Manufacturer Dwg. or Data No. Action Taken* Copies Remarks: *The Action Designated Above is in CONTRACTOR: Must certify one of the following 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 A No Exceptions Taken the material or equipment contained in this submittal meets B Make Corrections Noted all the requirements, including coordination with all related C Amend and Re- Submit work specified (no exceptions). D Rejected 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. Comments: By Date Distribution: Contractor u Owner u Engineer u File u File No. December 2010 01999 -3 Durham Reuse Pumping System Improvements Reference Form — Submittal Transmittal CdeanWater Services Our commitment is Form 01999 -3 Deactivation Req. No. Date of Request: CWS Project #: 6479 Project Reuse Pumping System Improvements Name: Project Contractor: Equipment/ Pipe Name: Drawing #: Length of Out of Service: Deactivation Date /Time: Gen. Contractor Contact: Sub- Contractor Contact Name /Phone Name /Phone: Description of Request: (provide copy of plan sheet effected equipment) Attachments: Yes No Person Requesting: Owner / Engineer Response: Approved Denied Date Owner: Clean Water Services cc: Owner Contractor December 2010 01999 -4 Durham Reuse Pumping System Improvements Reference Form — Deactivation Request DIVISIONS 2 - 16 DIVISION 2: SITEWORK 02050 Demolition DIVISION 3: CONCRETE 03310 Reinforcing Steel, Cast -In -Place Concrete And Concrete Finish DIVISION 5: METALS 05090 Structural Metal Fasteners DIVISION 11: EQUIPMENT 11001 General Equipment and Mechanical Requirements 11002 Electric Motor Drives 11005 Hydropneumatic Bladder -Type Surge Tank 11315 Centrifugal Pump Rehabilitation DIVISION 15: MECHANICAL 15050 Piping, Valves, and Accessories DIVISION 16: ELECTRICAL 16010 General Electrical Requirements 16110 Conduit, Raceways, and Fittings 16120 Low Voltage Wire and Cable 16124 Signal Cable SECTION 02050 DEMOLITION PART 1 - GENERAL 1.01 DESCRIPTION A. Provide all demolition required to perform the work covered under this contract including without limitation: 1. Remove existing construction shown to be removed. 2. Remove and replace existing construction and /or finishes as required to provide access to perform other work included in this contract. 3. Include removal of mechanical and electrical work that is to be abandoned and is contained in construction to be removed whether or not the mechanical and electrical work is shown. Disconnect and cap off utilities in accordance with applicable codes and safety regulations. 4. Where utilities that are not shown pass through construction that must be removed and those utilities serve other areas notify the Engineer before disrupting service. If rerouting is required to maintain service, the Owner may issue a Change Order to accomplish the required work. 5. Store and protect items intended for reuse. 6. Assume ownership of debris and unwanted materials, remove from the site and dispose of legally. 7. Include the cost of removing and disposing of hazardous material including without limitation asbestos or asbestos - containing material, lead- containing paint, and PCBs. If the presence of a hazardous material is suspected, have material tested. If material is identified as hazardous, retain qualified and licensed specialist to remove and dispose of it legally. 8. If illegal electrical wiring is encountered such as "BX" or nonmetallic sheathed cable, notify the Engineer. 9. Remove unwanted fixed equipment, including without limitation unwanted lockers, shelving, hoods, equipment, machinery, and devices built into or attached to the building. Remove all loose items including rubbish, debris, furniture, etc. 1.02 NOISE AND DUST CONTROL A. Perform work in accordance with requirements in Division 1. Particular attention is directed without limitation to paragraphs titled: Owner and Contractor's Use of Premises, Cleanup During Construction, Fire Protection During Construction, Maintenance of Exit Routes for Building Users, Temporary Dust Barriers, Noise Control and Care of Existing Facilities. B. Provide temporary partitions to control dust and noise and exclude unauthorized persons. C. Perform work in a manner to cause least disturbance to building occupants and least damage to work to remain. D. Maintain adequate means of safe, clear egress for building occupants. December 2010 02050 -1 Durham Reuse Pumping System Improvements Project No. 6479 Demolition E. Employ all available techniques for construction noise abatement. Use remote, well - mufflered air compressors and newest noise suppressed pneumatic and electric tools. 1.03 WARNING A. The Contractor is advised that work under this Section may be hazardous. The Contractor is to take all necessary precautions to ensure the safety of workers and property. Removal of and /or working in areas containing even minor amounts of hazardous material including without limitation, asbestos, lead -based paint, PCBs or other hazardous materials requires special precautions, knowledge and procedures. If hazardous material is suspected, notify the Owner. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 REMOVAL OF CONSTRUCTION IN AREAS TO RECEIVE NEW WORK A. In areas intended to receive new work and /or finishes, remove all unwanted non- structural partitions, furred walls, chases, suspended or furred ceilings, doors, windows and finishes. B. Remove all unwanted mechanical and electrical work (whether shown or not) that is not wanted and is not needed to serve other areas that is in, on, or concealed behind work being removed. Cap off or terminate all mechanical or electrical work in accordance with the requirements of Divisions 15 and 16. C. Protect mechanical and electrical work that serves other areas. Relocate concealed mechanical and electrical work that is required to preserve service to other areas. D. Remove structural work designated for removal. Take precautions not to damage structural work intended to remain. Where temporary shoring is needed, submit a design prepared by an appropriately licensed engineer for review before proceeding. E. If structural elements are encountered that were not shown, protect them from damage and report their presence to the Owner. 3.02 REMOVAL OF LIMITED PORTIONS OF EXISTING CONSTRUCTION TO PERMIT MODIFICATIONS A. Provide careful, selective cutting and removal of existing construction as required to permit relocation or modification of partitions, doors, or openings. Cut and remove the least amount of work possible except when a larger area needs to be removed to permit strengthening existing construction or when required to remove finishes to a natural break line such as a corner or change in material. B. Protect existing construction to remain with temporary coverings. December 2010 02050 -2 Durham Reuse Pumping System Improvements Project No. 6479 Demolition C. Treat existing mechanical, electrical or structural work as described in other parts of this Section. D. When modifications are complete, replace removed work with new construction and finishes to match adjacent existing work. Standards of material and workmanship shall be in accordance with other portions of this Specification or if not covered then in accordance with current practice for this class of work. Salvaged materials may be used for replacement if in good condition. 3.03 REMOVAL OF EXISTING CONSTRUCTION TO PROVIDE ACCESS TO PERFORM WORK A. Provide careful selective cutting and removal of existing construction where required to permit installation of new concealed mechanical or electrical work, or installation of equipment, fixtures or devices. B. Treat existing mechanical, electrical or structural work as described in other parts of this Section. C. Replace and /or patch removed construction and finishes in accordance with other parts of this Section. 3.04 PROTECTION OF WORK TO REMAIN A. Protect all work to remain. Repair damage with materials, workmanship and finishes matching existing work when new. B. Most existing floor finishes will not be replaced in this contract. It is essential that these floors be protected from any damage due to impact, dirt, abrasion, paints and solvents. 3.05 CUTTING HOLES IN CONCRETE AND /OR CONCRETE UNIT MASONRY A. The Contractor is cautioned that electrical conduits and reinforcing that are not shown on drawings may be concealed in concrete and /or CMU construction. Use electronic detection equipment to locate concealed items before cutting holes. Take all required precautions to avoid damage to existing conduits or reinforcing. B. New openings in existing concrete walls or slabs may be saw cut to opening perimeter lines where drawings do not call for adding reinforcing trim bars to strengthen openings. Do not run saw kerfs past corners of openings. Complete concrete removal at opening corners by chipping and grinding. Take all required precautions to avoid water damage to existing construction or the Owner's property. C. Where drawings call for adding reinforcing trim bars to strengthen openings, limit saw cutting to a depth of 3/4 -inch to avoid cutting existing reinforcing steel. Carefully chip out concrete to avoid damaging existing reinforcing steel which is to remain. D. Use chipping guns to chip out small holes for pipes or conduits. Proceed carefully to avoid damage to concealed conduits. Core drilling is permitted only at the Contractor's risk and only with the Owner's permission. If core drilling is used, the December 2010 02050 -3 Durham Reuse Pumping System Improvements Project No. 6479 Demolition Contractor shall: 1) use electronic detection equipment to locate conduit before drilling, 2) take precaution to avoid water damage to existing construction or the Owner's property, and 3) replace, at its own expense, any damaged electrical or signal wiring or conduits. 3.06 REMOVE UNWANTED FIXED EQUIPMENT A. Remove unwanted mechanical equipment and architectural features including piping and appurtenances, personnel and overhead doors, lockers, shelving, hoods, fixed and built -in equipment, machinery, machinery bases and similar items whether shown or not. Cut off protruding bolts or attachment devices flush with existing surfaces and abandon as show on the Drawings. B. If items are designated to be salvaged, remove them carefully without causing damage. Contractor shall deliver salvaged items to be turned over to the Owner to the Location determined by the Owner, store the items onsite or load the items in the Owner's truck at the job site. Owner will decide which of these salvage & removal options will be used on a case -by -case basis. C. The Owner will salvage the following existing equipment items: 1. Pump Starters 2. Pump Motors 3. Magna Drive from Pump RP -9001 4. Pump Control Valves 3.07 IF HAZARDOUS MATERIALS ARE ENCOUNTERED A. If hazardous materials are discovered, comply with paragraph 1.01 of this Section and all applicable laws. 3.08 REMOVAL AND DISPOSAL OF MATERIAL A. Use debris chutes with covered tops emptying into covered containers when applicable. B. Use rubber tired covered buggies with rubber bumpers to transport debris through occupied sections of buildings. C. Store debris in suitable covered containers located where directed by the Owner and remove from site when full. Burning on the site is not permitted. D. Removed material (other than material to be reused) shall become the property of the Contractor who shall remove it from the site and dispose of it in a legal manner. END OF SECTION December 2010 02050 -4 Durham Reuse Pumping System Improvements Project No. 6479 Demolition SECTION 03310 REINFORCING STEEL, CAST -IN -PLACE CONCRETE AND CONCRETE FINISH PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Reinforcing steel. 2. Cast -in -place concrete. 3. Concrete finishes. 1.02 REFERENCES A. American Concrete Institute (ACI): 1. ACI 301 Specifications for Structural Concrete for Buildings 2. ACI 305 Hot Weather Concreting 3. ACI 306 Cold Weather Concreting 4. ACI 347 Guide to Formwork for Concrete B. American Society for Testing and Materials (ASTM) Standard Test Method: 1. A185 Steel Welded Wire, Fabric, Plain, for Concrete Reinforcement 2. A615 Deformed and Plain Billet Steel Bars for Concrete Reinforcement 3. C150 Portland Cement 4. C260 Air - Entraining Admixtures for Concrete 5. C494 Chemical Admixtures for Concrete C. Standard Specifications: 1. ODOT Highway Construction, Oregon Department of Transportation 1.03 SUBMITTALS A. Submit in accordance with Section 01300. B. Product Data: 1. Concrete materials certifications. 2. Concrete mix design, including test results. 3. Concrete placement method and sequence. 4. Reinforcing steel shop drawings. 5. Concrete curing method. 1.04 QUALITY ASSURANCE A. Standard: ODOT B. Concrete Tests: ODOT December 2010 03310 -1 Durham Reuse Pumping System Improvements Project No. 6479 Reinforcing Steel, Cast -in -place Concrete And Concrete Finish 1.05 DELIVERY, STORAGE AND HANDLING A. General: Provide storage and handling of all materials so that upon delivery they are undeteriorated and ready for use. PART 2 - PRODUCTS 2.01 CONCRETE MATERIALS A. ODOT Section 700 except as modified below: 1. Cement: ASTM C150, Type II, low alkali. 2. Aggregate: 1 -inch Maximum size. 3. Admixtures: a) Air entraining: ASTM C260. b) Water reducing: ASTM C494 Type A. 2.02 REINFORCEMENT A. ODOT Section 700 except as modified below. 1. Reinforcing bars: ASTM A615 Grade 60. 2. Welded wire fabric: ASTM A185; sheets. 2.03 CONCRETE MIX DESIGN A. Concrete Class: 3300 -1 B. Minimum Cementitious Material Content: 564 lbs. C. Water - Cementitious Material Ratio: 0.50 D. Minimum Air Content: 4 -1/2% 2.04 FORMS A. General: Take responsibility for adequacy of forms, bracing and shoring. Satisfy ACI 347. Provide mortar -tight construction. B. Tolerances: ACI 301. PART 3 - EXECUTION 3.01 CONSTRUCTION A. General: ODOT Section 504except as modified below. B. Preliminary Work: Provide a 6 -inch gravel layer to 95% compaction below base slabs. C. Embedded Items: Locate accurately and securely in place prior to concreting. D. Concrete Cover to Reinforcement: ACI 301. December 2010 03310 -2 Durham Reuse Pumping System Improvements Project No. 6479 Reinforcing Steel, Cast -in -place Concrete And Concrete Finish E. Cold Weather: ACI 306 when temperature is below 40 °F. F. Hot Weather: ACI 305 when temperature is above 75 °F. G. Exposed Corners: Chamfer 3/4 -inch. H. Surface Finish: Ordinary Surface Finish. END OF SECTION December 2010 03310 -3 Durham Reuse Pumping System Improvements Project No. 6479 Reinforcing Steel, Cast -in -place Concrete And Concrete Finish SECTION 05090 STRUCTURAL METAL FASTENERS PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. All anchors, including mechanical and adhesive anchors, adhesive rebar dowels, eye bolts, turnbuckles, cable clamps, bolts, nuts, washers, inserts, and other metal fasteners not specified elsewhere. 1.02 REFERENCES A. American National Standards Institute: 1. ANSI B18 -2 -1 Square and Hex Bolts and Screws 2. ANSI B18 -2 -2 Square and Hex Nuts 3. ANSI B18 -21 -1 Lock Washers 4. ANSI B18 -22 -1 Plain Washers B. American Society for Testing and Materials Standard Specifications: 1. ASTM Al23 Zinc (Hot- Dipped Galvanized) Coatings on Iron and Steel Products 2. ASTM A153 Zinc Coating (Hot -Dip) on Iron and Steel Hardware 3. ASTM A325 Structural Bolts, Steel, Heat - Treated 4. ASTM A370 Test Methods and Definitions for Mechanical Testing of Steel Products 5. ASTM A500 Cold- Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes 6. ASTM A525 Steel Sheet, Zinc - Coated (Galvanized) by the Hot -Dip Process 7. ASTM A563 Carbon and Alloy Steel Nuts 8. ASTM B633 Electrodeposited Coatings of Zinc on Iron and Steel 9. ASTM E8 Test Methods for Tension Testing of Metallic Materials 10. ASTM F436 Hardened Steel Washers 11. ASTM F844 Washers, Steel, Plain (Flat), Unhardened for General Use 12. ASTM F959 Compressible - Washer -Type Direct Tension Indicator for Use with Structural Fasteners 13. ASTM F1554 Anchors Bolts, Steel, 36, 55, and 105 -ksi Yield Strength C. International Code Council (ICC) 1. Evaluation Service Reports 2. AC 193 Acceptance Criteria for Mechanical Anchors in Concrete Elements 3. AC 308 Acceptance Criteria for Post - Installed Adhesive Anchors in Concrete Elements December 2010 05090 -1 Durham Reuse Pumping System Improvements Project No. 6479 Structural Metal Fasteners D. 2010 Oregon Structural Specialty Code, which incorporates by reference the requirements of the 2009 IBC and ASCE 7 -05 1.03 SUBMITTALS A. Submit in accordance with Section 01300. B. Product Data: 1. Adhesive anchors, reinforcing steel dowels and expansion anchors. 2. Insulation between dissimilar metals. 3. Non - Shrink Grout C. Samples: Manufacturer's latest standard product: Specify special or unique products. D. ICC Evaluation Service Reports for all anchors submitted demonstrating compliance with 2009 IBC and ICC AC 193 or 308 for Mechanical or Adhesive anchors respectively. Report shall demonstrate approval for use in cracked concrete in Seismic Design Categories D -F. E. List of all anchors to be used including: 1. Location, diameter, number and length of anchors 2. Testing plan for anchors, including percentage of anchors to be tested and allowable loads for anchors and testing loads. 1.04 QUALITY ASSURANCE A. General: 1. Furnish materials and fabricated items from an established and reputable manufacturer or supplier. 2. Supply all new materials and fabricated items made from first class ingredients and construction and guaranteed to perform the service required. 3. For adhesive anchorage, Contractor shall be trained by anchor product manufacturer representative and be provided with a certificate or card of completion, to be available upon request by the Special Inspector. B. Codes and Standards: 1. Bolting: a. General: AISC Specifications. C. Tests: 1. General: The Contractor shall provide Special Inspection, defined by IBC Chapter 17. The Contractor shall provide and pay for Special inspection for mechanical and adhesive anchoring systems as required by ICC -ES. Installation inspection shall be periodic special inspection. Continuous Special Inspection shall be required for load testing below. 2. Mechanical expansion and adhesive anchoring systems: a. Test required anchors to .25 times the ultimate design strength of the anchor, determined in accordance with ACI 318 appendix D and the ICC - ES report for the anchor. Strength shall take into account all edge December 2010 05090 -2 Durham Reuse Pumping System Improvements Project No. 6479 Structural Metal Fasteners distances and spacing effects. Contractor shall repair any failed anchors and any damage done during the testing process. b. Expansion and adhesive anchors shall be tested as follows: 1) Test 10% of anchors used for sill plate bolting applications 2) Test 50% of anchors used for non - structural applications, such as equipment anchorage. 3) Test 100% of anchors for applications not listed above. c. Undercut anchors that allow visual confirmation of full set need not be tested. d. Visual inspection of layout including horizontal location, minimum embedment, minimum cover, minimum spacing, and minimum edge distance. e. Test anchors by a calibrated torque wrench, direct pull with a hydraulic jack, or a calibrated spring loaded devices. Testing shall be performed on a single anchor and shall be done in a "confined" manner. (define confined test) f. Anchors tested using the torque wrench shall achieve the load within 1 /2 turn of the nut. (need to define how tight nut is before testing) g. Anchors tested using a hydraulic ram shall be tested to the required load for a minimum of 15 seconds and shall not exhibit any discernable movement during the loading, such as loosening of the washer under the nut or an observable gap. D. Additional Tests: Provide and pay for all necessary additional tests made on welds or bolts required to repair or replace faulty work performed during the original fabrication. 1.05 DELIVERY, STORAGE AND HANDLING A. Handle, ship, and store material in a manner that will prevent distortion, rust, damage to the shop coat or any other damage. B. Store material in a clean, properly drained location out of contact with the ground. C. Ensure that dissimilar metals are not in contact with each other. D. Replace or repair all damaged material in an approved manner. PART 2 - PRODUCTS 2.01 METAL FASTENERS A. General 1. For buried, submerged, or conditions where anchors or fasteners will be continuously or intermittently wet, except where otherwise shown or specified, all bolts, anchor bolts, mechanical anchors, adhesive anchors, washers, and nuts shall be 316 stainless steel 2. For exterior or exposed conditions provide 316 stainless steel except where otherwise shown or specified. December 2010 05090 -3 Durham Reuse Pumping System Improvements Project No. 6479 Structural Metal Fasteners 3. For all other exposure conditions provide hot dipped galvanized materials, except where otherwise shown or specified. B. Bolting — Stainless Steel 1. Stainless Steel Bolts: AISI 316. ASTM A193 or F593.18 -8 material is not acceptable. 2. Stainless Steel Nuts: ASTM A194 or F594. 3. Washers: AISI 316 washers meeting the dimensional requirements of ASTM F436 4. Dimensional Requirements: a. Bolts: ANSI B18.2.1. b. Nuts: ANSI B18.2.2. C. Mechanical Anchoring Systems (friction anchors are not acceptable) 1. Mechanical Undercut Anchoring Systems (required for overhead applications) a. Anchor: Undercut anchor shall be of an undercut style with brazed tungsten carbides on the embedded end that perform the self- undercutting process. b. Stainless Steel Bolt and Sleeve: 1) Bolt: AISI 316 or 316Ti. 2) Sleeve: AISI 316 or 316Ti or Type 304 stainless steel. 3) Nuts: DIN 934, grade 8. 4) Washers: DIN 6796 or Type 18 -8 stainless steel. c. Submit a product evaluation report by ICC -ES showing Cracked Concrete testing compliance per A.C.193. d. Provide embedment depth, edge distance, and anchor spacing as shown on the Drawings and in accordance with manufacturer's recommendations for published allowable loads. e. Manufacturer: Hilti, Inc. HDA Undercut Anchor, Simpson Torq -Cut (pending ICC approval) or equal. 2. Mechanical Expansion Anchoring Systems a. Anchor: Expansion anchor shall be preassembled expanding sleeve or wedge type with a single piece three section wedge. Anchors shall meet the description of Federal Specification A -A 1923A or A -A 1922A, Type 4. Anchor will bear a length identification code that is visible after installation. Provide hex head stud style unless flat or rod coupler styles are noted on Drawings. b. Stainless Steel Anchors: 1) Anchor Body and Wedges: ASTM A276 or ASTM A493 with chemical composition of either AISI 304 or 316 or 316L. 2) Nuts: ASTM F594 with chemical composition of either AISI 304 or 316 or 316L. 3) Washers: ASTM A240 with chemical composition of either AISI 304 or 316 or 316L. c. Submit a product evaluation report by ICC -ES showing Cracked Concrete testing compliance per A.C. 193. d. Provide embedment depth, edge distance, and anchor spacing as shown on the Drawings and in accordance with manufacturer's recommendations for published allowable loads. e. Manufacturer: Hilti, Inc. Kwik Bolt TZ (SS304), Simpson Strong -Bolt 2 (stainless steel), or equal. December 2010 05090 -4 Durham Reuse Pumping System Improvements Project No. 6479 Structural Metal Fasteners D. Adhesive Anchoring Systems 1. Adhesive (Epoxy) Injection Anchoring Systems a. Adhesive: Adhesive consisting of two - component epoxy base resin and hardener material meeting the requirements of ASTM C -881 Types I and IV, Grade 3, Class C. The adhesive shall be supplied in manufacturer's standard side -by -side cartridge and dispensed through a static - mixing nozzle supplied by the manufacturer. b. Anchor Rod, Reinforcing Steel or Insert: Threaded Rod or insert with chamfered threaded end for ease of starting nut on one end and 45 degree chisel or cut point on opposite end (where insert is required by manufacturer). Furnish nuts and washers to meet the requirements of the rod or insert. Unless noted otherwise on the drawings provide hot dip galvanize rods or inserts or stainless steel. Stainless steel rods or inserts shall be provided in buried or submerged locations. 1) Reinforcing bars as specified in Section 03200 with chisel or cut point. 2) AISI 304 /ASTM A276 or AISI 316L /ASTM A276 stainless steel meeting the mechanical requirements of ASTM F -593 (Condition CW). c. Submit a product evaluation report by ICC -ES showing Cracked Concrete testing compliance per A.C. 308. d. Provide embedment depth, edge distance, and anchor spacing as shown on the Drawings and in accordance with manufacturer's recommendations for published allowable Toads. e. For submerged application in potable water provide NSF /ANSI STD 61 certification. f. Manufacturer: Hilti HIT RE 500 -SD Epoxy Anchoring System, Hilti HIT HY- 150 MAX -SD, Simpson Strong -Tie SET -XP Epoxy, or equal. 2.02 NON - SHRINK GROUT A. ASTM C1107, with no shrinkage as measured by ASTM C827. Furnish a premixed product, consisting of properly proportioned amounts of non - metallic, dimensionally stable material to which water is added 2.03 MISCELLANEOUS ITEMS A. Turnbuckles: ASTM F1145 and AISI C -1035 with chemical composition meeting AISI 304. B. Eye Bolts and Eye Nuts: ASTM F541 and AISI C -1030 with chemical composition meeting AISI 304. C. Clevises: AISI C -1035 with chemical composition meeting AISI 304. D. Threaded Rods (Tie Rods): AISI 304 /ASTM A276 or as noted on drawings. E. All metal fasteners not specified elsewhere. December 2010 05090 -5 Durham Reuse Pumping System Improvements Project No. 6479 Structural Metal Fasteners 2.03 GALVANIZING A. Hot -dip galvanize all exterior and exposed steel items, except when specified otherwise. 1. Steel hardware, nuts, bolts, washers, anchors, and threaded rods: ASTM A153. 2. Where specified, electroplate nuts, bolts and washers with zinc coating of 0.001 -inch minimum thickness in accordance with ASTM B633 Class SC4. Where specified, provide a 4 -mil DFT coating of zinc silicate. 3. Size nuts so that they screw on threaded bolts readily after galvanizing or coating. B. Repair Materials: Gal -Viz by Thermacote Welco, Pasadena, CA; ReGaIv by Rotometals, Inc., San Francisco, CA; or equal. PART 3 - EXECUTION 3.01 ERECTION A. Structural Steel Work: 1. Connections: a. Provide anchor bolts and other connections between structural steel and foundations. b. Set all anchor bolts by template, with provisions to hold bolts rigid and in correct position with respect to plan and elevation. c. Install adhesive and expansion anchorages by personnel with satisfactory previous experience using the same Products, following the manufacturer's recommendations and in compliance with the latest ICC -ES report. d. Detail any undesigned connections in accordance with the AISC Specification. e. Do not increase any hole diameter or slot length without the Engineer's approval. f. Washers: 1. Provide washers for slotted holes. Washers shall be hardened for high- strength bolts (fy > 36 ksi) and shall be 3/8 -thick plate washer for long- slotted holes. 2. Provide washers under the turned element for bolts installed with the Calibrated Wrench Pretensioning method. 3. Provide washers for bolts installed with the Direct - Tension - Indicator Pretensioning method. 2. Install work anchored in sleeves set in concrete with non - metallic non - shrink grout. Allow a 1/4 -inch minimum clearance between items anchored and the sleeve. 3. Where metal is fastened to concrete, make the connections by anchor bolts, or by anchors embedded in concrete, such as adhesive, or expansion anchors. 4. Provide grout pads below base and bearing plates of non - shrink non - metallic grout having a minimum thickness of 3/4 -inch unless otherwise noted. Do not bear directly on concrete slabs or equipment bases. 5. Provide leveling nuts on anchor bolts, below base plates, and adjust prior to grouting. December 2010 05090 -6 Durham Reuse Pumping System Improvements Project No. 6479 Structural Metal Fasteners B. Mechanical Anchoring Systems: Mechanical anchoring systems shall be installed in accordance with the ICC -ES Evaluation Report for the specific anchor. 1. Mechanical Undercut Anchoring Systems (required for overhead applications) a. Drill a hole in the base material using drill bit diameter and embedment depth in accordance with the manufacturer's instructions. CAUTION: Oversized holes in the base material will reduce the anchor's load capacity and cannot be used. b. Remove dust from holes with compressed air. c. Assemble the anchor with the nut and washer so the top of the nut is flush with the top of the anchor. d. Place the anchor in the fixture and drive into the hole until washer and nut are tight against the fixture. e. Install nut and washer and tighten to the required installation torque. 2. Mechanical Expansion Anchoring Systems a. Drill a hole in the base material using drill bit diameter and embedment depth in accordance with the manufacturer's instructions. CAUTION: Oversized holes in the base material will reduce the anchor's load capacity and cannot be used. b. Remove dust from holes with compressed air. c. Assemble the anchor with the nut and washer so the top of the nut is flush with the top of the anchor. d. Place the anchor in the fixture and drive into the hole until washer and nut are tight against the fixture. e. Install nut and washer and tighten to the required installation torque. C. Adhesive Anchoring Systems: Adhesive anchoring systems shall be installed in accordance with the ICC -ES Evaluation Report for the specific anchor. Adhesive anchoring systems are not allowed in overhead applications. 1. Adhesive (Ester or Epoxy) Injection Anchoring Systems a. Drill a hole to the specified depth and diameter. b. Clean hole with a wire brush. Remove dust from holes with oil -free compressed air. Jetting holes with water is not permitted. c. Install adhesives only in clean holes free of standing water. 1) Dispense portion of adhesive off to the side to check for proper mixture, and consistent color before using. 2) Fill hole halfway to 2 /3rds, starting from bottom of hole to prevent air pockets. Withdraw nozzle as hole fills up. 3) Substrate temperature should be kept above the minimum allowed temperature as specified by the manufacturer for the entire curing process. 4) Insert anchor, turning slowly until the anchor contacts the bottom of the hole. Do not disturb anchor during the specified cure time. 5) For holes 10" and deeper contractor shall use a piston plug for adhesive anchor installation D. Repair of Connections: The Contractor shall pay for all necessary additional tests made on weld or bolts required to repair or replace faulty work performed during the original fabrication or during erection. December 2010 05090 -7 Durham Reuse Pumping System Improvements Project No. 6479 Structural Metal Fasteners E. Repair of Galvanized Coating: 1. Repair surfaces damaged by cutting or welding by the heated repair method. Repair handrails or other surfaces that will not be painted and that are field welded or damaged by the heated galvanize repair method. 2. Heat substrate to 600 °F, or apply hot process touch -up material right after welding before metal has cooled below 600 °F. 3. Rub bar of specified galvanize repair material over surface of hot substrate to apply a uniform coating of zinc. Wire brush hot coating with a clean wire brush to smooth out and bond zinc coating to substrate to apply a uniform coating of zinc. 3.02 FIELD QUALITY CONTROL A. Mechanical and Adhesive Anchoring Systems: 1. Anchoring systems shall be installed in accordance with the ICC -ES Evaluation Report for the specific anchor. All anchors shall be tested in accordance with paragraph 1.04C. 2. Set torque - controlled expansion -type anchors to the recommended installation torque using a calibrated torque wrench. Following attainment of 10% of the specified torque, 100% of the specified torque shall be reached within 7 or fewer complete turns of the nut. If the specified torque is not achieved within the required number of turns, the anchor shall be removed or abandoned. 3. Set displacement - controlled expansion -type anchors to the recommended displacement. If the concrete cracks during installation of the anchor, the anchor shall be removed or abandoned. 4. Anchors should exhibit no discernable movement during load testing. 5. Holes drilled for anchors that do not set properly or fail in a tension test may not be reused, and shall be filled with non - shrink grout. B. Erection Sequence: Verify each stage is completed before proceeding to the next. C. Tolerances: AISC Standard Practice. END OF SECTION December 2010 05090 -8 Durham Reuse Pumping System Improvements Project No. 6479 Structural Metal Fasteners SECTION 11001 GENERAL EQUIPMENT AND MECHANICAL REQUIREMENTS PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: The general requirements for all of the Equipment and Mechanical work in the scope of the Project, included in Divisions 11 and 15, and elsewhere wherever specifically mentioned in these Specifications. B. Direct the attention of all subcontractors and suppliers of equipment and related appurtenances for the work to the applicable provisions in the Contract Documents wherever they may occur. 1.02 REFERENCES A. American Gear Manufacturers Association (AGMA). B. American Institute of Steel Construction (AISC). C. Hydraulic Institute. D. National Electrical Manufacturers Association (NEMA). E. Occupational Safety and Health Act (OSHA). 1.03 STANDARDS FOR THE WORK A. Complete Systems: Provide pipe, fittings, wiring and supports to produce complete, operable systems with all elements properly interconnected. If a specific dimensioned location is not shown for interconnections or smaller system elements, select appropriate locations and show them on Shop Drawing submittals for review. B. Provide equipment and material new and without imperfections. Install equipment that is aligned, leveled, cleaned and adjusted for satisfactory operation; installed in accordance with the recommendations of the manufacturers and the best standard practices for this type of work so that connecting and disconnecting of piping and accessories can be readily made and so that all parts are easily accessible for inspection, operation, maintenance, and repair. Locate oil and lubrication fittings clear of and away from guards, base, and equipment and within reach from the operating floor. Coordinate location of all motor connections in order to properly orient encased electrical conduits. In order to meet these requirements with equipment as furnished, minor deviation from the Drawings may be made as favorably reviewed by the Engineer. C. The recommendations and instructions of the manufacturers of products used in the work are hereby made part of these Specifications, except as they may be superseded by other requirements of these Specifications. December 2010 11001 -1 Durham Reuse Pumping System Improvements Project No. 6479 General Equipment and Mechanical Requirements 1.04 SUBMITTALS A. Submit in accordance with Section 01300. B. Shop Drawings: Submit Shop Drawings to the Engineer and receive favorable review prior to fabrication, construction or delivery to the project site in accordance with Section 01300 of these Specifications. Show sizes and arrangement of equipment, foundations and anchor bolts required, performance characteristics, fan curves and pump curves, control diagrams, wiring diagrams, motor data sheets, methods of assembly, pipe hanging details, ductwork layouts, and connections to other work. Date and sign drawings as certified for use in construction of this project. The arrangement of mechanical equipment and appurtenant piping shown on the Drawings may be varied as necessary to fit the favorably reviewed certified manufacturer's installation drawings. However, manufacturers' drawings shall not deviate in substance from the Contract Drawings and Specifications as to location, size, type, and design of equipment. The following minimum requirements shall accompany all equipment submissions: 1. Overall dimensions. 2. Mounting arrangement and dimensions. 3. Description of materials. 4. Connection sizes and orientation. 5. Capacity and location of lifting eyes. 6. Motor arrangement showing location of electrical connections. 7. Rating data - Mechanical and Electrical as applicable. 8. Detail electrical wiring diagrams, showing component designation and rating. 9. Seismic design calculations and anchorage details as required by specifications, provide detailed drawing of attachment to the structure showing at least the information in 1 -4 above. 10. Motor data as specified in Section 11002. 11. List of special tools and /or spare parts to be furnished, if any. C. Each piece of equipment, for which certified witnessed or non - witnessed performance tests are required, shall be accompanied by a completed form containing at least the following information: 1. Owner's name and location of project. 2. Contractor's name and subcontractor if applicable. 3. Name of item being submitted. 4. Specification reference by section, paragraph, and page. 5. Data on item (manufacturer, general descriptive data, dimensions, size of connections, speeds, performance curves, serial number). A specific list of the test results plus a list, which shows the values that differ from Specifications. 6. Motor data, type, voltage, frequency, phase, full load amperes, starting method, frame size, enclosure insulation type (NEMA Code letter), dimensions, service factor, serial number. 7. Date and signature of person certifying the performance. D. Instruction Manuals: Prepare and submit instruction manuals covering installation, operation and maintenance of all equipment and machinery specified in Divisions 11 and 15. Refer to Section 01300, paragraph 1.08. December 2010 11001 -2 Durham Reuse Pumping System Improvements Project No. 6479 General Equipment and Mechanical Requirements E. Manufacturers' Affidavits: Where called for in the Specifications, each equipment manufacturer, or his authorized representative, shall submit an affidavit conforming to the requirements of Section 01650, paragraph 1.04. 1.05 RESPONSIBILITY AND CARE OF EQUIPMENT A. The Contractor shall be responsible for the equipment included in this Contract until it has been finally inspected, tested, and accepted in accordance with the requirements of these Specifications. B. The Contractor shall make his own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the work. PART 2 - PRODUCTS 2.01 DESIGN A. General: Design all equipment for the service intended, of rugged construction, of ample strength for all stresses which may occur during fabrication, transportation, erection and during continuous or intermittent operation. Adequately stay, brace and anchor, and install equipment in a neat and workmanlike manner. Give consideration to appearance and safety, as well as utility, in the design of details. Use cathodically compatible materials of construction. B. Controls: Unless noted otherwise, the design of the electric control of any equipment system and /or equipment package shall be the responsibility of the manufacturer of the equipment system and /or equipment package. The elementary control diagrams as shown on the Electrical Drawings and the diagrams shown on the Instrumentation Drawings are illustrative of control and monitoring requirements pertaining to various equipment of this project. The manufacturers shall design their own functional electric control devices and circuitry, in consultation with the specific elementary control diagrams and other project specifications, to meet the equipment control requirements. All such systems and package controls shall be furnished by the equipment manufacturer, except that controls shown in motor control centers and process controllers, remote control devices, and their interconnecting wiring shall be provided under Divisions 16 and 17. Provide heating, ventilating and air conditioning controls, both 24 -volt and line voltage type, by a HVAC controls specialist. 2.02 MATERIALS AND STANDARD SPECIFICATIONS A. Materials: Design, fabricate, and assemble equipment and systems with new materials and in accordance with acceptable modern engineering and shop practices. Manufacture individual parts to standard sizes and gauges so repair parts can be installed in the field. B. Uniformity: Unless otherwise specified, equipment or material of the same type or classification used for the same purpose shall be the product of the same manufacturer and shall be the same model. December 2010 11001 -3 Durham Reuse Pumping System Improvements Project No. 6479 General Equipment and Mechanical Requirements 2.03 LUBRICATION A. Provide lubricants of types recommended by equipment manufacturers, in quantities sufficient for consumption prior to completion, testing, and final acceptance. 2.04 STRUCTURAL METAL FRAMING A. Details of fabrication shall be in accordance with Manufacturers recommendations. B. Weld submerged steel surfaces, which butt or bear against each other, to seal the surfaces against the penetration of the liquid. Weld all gaps between adjacent submerged steel surfaces less than 1/32 -inch wide to seal the surfaces. Weld size shall be not less than the thickness of the thinnest member of the lapped or joined assembly. 2.05 ANCHORS A. Each equipment manufacturer shall furnish an anchor bolt pattern and the required anchor bolts, nuts and washers of adequate design for securing bases and bedplates to concrete bases. Provide anchor bolts of length to allow for 1 -1/2 -inch of grout under base plates and adequate anchorage into structural concrete unless otherwise shown or specified. B. Provide anchor and assembly bolts and nuts of ample size and strength for the purpose intended. All bolts shall be standard machine bolts, with cold pressed hexagon nuts. Provide suitable degauling compounds for bronze and stainless steel threaded components. Any space wholly or partially underground, or having a wall or ceiling forming part of a water channel, is classified as a moist location. Unless otherwise specified or noted on the Drawings, provide materials as follows: 1. Bolts and nuts in submerged locations or submerged and embedded in concrete or buried in earth: Type 316 stainless steel. 2. Bolts and nuts for supports or equipment in dry or moist locations: Type 316 stainless steel, with oversize nuts. 3. Use other bolting materials where specifically called for in the Specifications or on the Drawings. C. Anchor all motor - driven equipment with cast -in -place anchor bolts or drilled -in anchors set with adhesive. Do not provide expansion type anchors for motor - driven equipment. D. Anchor all non - motor - driven equipment with cast -in -place anchor bolts or drilled -in anchors set with adhesive except that, where specifically allowed by note on the Drawing, expansion type anchors may be used. E. Refer to Section 05090 for technical specification requirements. 2.06 SAFETY GUARDS A. Cover belt or chain drives, fan blades, couplings, nip points, exposed shafts and other moving or rotating parts on all sides with safety guards conforming to all Federal, State, and local codes and regulations pertaining; conform to the most restrictive requirement. Design guards for easy installation and removal, complete December 2010 11001 -4 Durham Reuse Pumping System Improvements Project No. 6479 General Equipment and Mechanical Requirements with necessary supports, accessories, and fasteners, all hot -dip galvanized. Design guards in outdoor locations to prevent entrance of rain and dripping water. Provide tachometer test opening in line with ends of shafts. Typically guards shall be expanded metal on a structural steel frame except that outdoor guards may be of solid material. Provide hinged doors with latch for service and lubrication access. B. Cover all pipes, manifolds, heaters, and other surfaces which have a surface temperature sufficient to burn human tissue with a thermal insulating material or otherwise guard against contact. C. Guards to comply with OSHA standards. 2.07 LIFTING EYES A. Supply all equipment weighing over 100 pounds with lifting eyes. Parts of equipment assemblies, which are normally serviced separately, such as motors, to have lifting eyes of their own. 2.08 DRIVES A. General: Provide all drive units with an AGMA rating and service factor suitable for 24 hours per day operation under the operating load. B. Electric Motors: Conform to the requirements of Section 11002. C. V -Belt Drives: Equip each V -belt drive with suitable tension adjustment. Provide drives having a service factor of at least 1.6 with arc length correction at maximum torque using nameplate rating of driving motor. 2.09 NAMEPLATES A. Manufacturer's Nameplate: Furnish each piece of equipment and its driver with a corrosion - resistant metal nameplate fastened to the item in a readily readable position. This nameplate to contain the manufacturer's name, equipment rating, capacity, size, model, serial number, and speed. All information written or printed to be in English. B. Direction of Rotation: Furnish each piece of rotating equipment with a direction of rotation arrow. C. Functional Identification: Label each piece of equipment using a plastic laminate label with the functional name and number of the equipment. 1. Fasten labels to the equipment, its base or other acceptable location: a. Letters: At least 1/2 -inch high with the border trim on all sides not less than 1/4 -inch. b. Color: Black background with white letters. c. Fasteners: Brass or stainless steel screwed into inserts, anchor shields or tapped holes in equipment or base. December 2010 11001 -5 Durham Reuse Pumping System Improvements Project No. 6479 General Equipment and Mechanical Requirements 2.10 PROTECTION AGAINST ELECTROLYSIS A. Where dissimilar metals are used in conjunction with each other, provide suitable insulation between adjacent surfaces so as to eliminate direct contact and any resultant electrolysis. Connections of dissimilar piping materials shall utilize dielectric unions, flanges, couplings, or bushings. 2.11 SPECIAL TOOLS A. For each type of equipment to be furnished, provide a complete set of all special tools (including grease guns or other lubricating devices), which may be necessary for the adjustment, operation and maintenance of such equipment. 2.12 FINISHES A. Factory Painting: On pumps, motors, drives, starters, control panels and other similar self- contained or enclosed components, apply a factory protective paint system unless otherwise noted. Paint or otherwise protect surfaces that are inaccessible after assembly by a method, which provides protection for the life of the equipment. B. Shop Priming: Except where field sandblasting is required, apply one or more shop coats of metal primer on surfaces to be finish painted at the site, of sufficient thickness to protect surfaces until finished. Primer shall be compatible with finish coat. C. Rust Preventive: Coat machined, polished, other ferrous surfaces, and non - ferrous surfaces that are not to be painted with rust preventive compound. 2.13 FACTORY TESTS A. Perform factory tests for each piece of equipment where specifically called for in the section specifying that equipment. Note that factory tests are inherent in many reference standards. The requirement for a factory test in a referenced standard is hereby made a part of these Specifications. Conduct factory tests at the same speeds and other conditions at which the equipment will operate in the field, except as noted. B. Performance tests may be witnessed by the Engineer or his representative. Inform the Engineer in sufficient time to allow arrangements to be made for witness of such tests. When non - witnessed tests are performed, supply certified results. C. Perform factory testing of pumps in accordance with the requirements and standards of the Hydraulic Institute. D. Tests of other equipment shall conform to the requirements set forth in these Specifications. December 2010 11001 -6 Durham Reuse Pumping System Improvements Project No. 6479 General Equipment and Mechanical Requirements PART 3 - EXECUTION 3.01 EXAMINATION A. Inspect each item of equipment for damage, defects, completeness, and correct operation before installing. 3.02 PREPARATION A. Prior to installing equipment, ensure that the areas are clean. Maintain the areas in a broom -clean condition during installation operations. Clean, condition, and service equipment in accordance with the approved Instruction Manuals and specific recommendations of the equipment manufacturer. 3.03 INSTALLATION A. Structural Fabrications: Conform to the AISC Code and Specification referenced in Article "Structural Steel Fabrications ". B. Equipment: Conform to approved Instruction Manuals. Employ skilled craftsmen experienced in installation of the types of equipment specified. Use specialized tools and equipment, such as precision machinist levels, dial indicators, gauges, and micrometers, as applicable. Produce acceptable installations free of vibration or other defects. Align and pin to common bedplate equipment and drivers connected by flexible couplings. C. Anchor Bolts: Deliver bolts with templates or setting drawings and verify that bolts are correctly located before structural concrete is placed. D. Base and Bedplate Grouting: Do not place grout until initial fitting and alignment of connected piping is completed. Level and align equipment on the concrete foundations, then entirely fill the space under base or bedplates with grout. Bevel exposed grout at 45 degree angle, except round exposed grout at horizontal surfaces for drainage. Trowel or point exposed grout to a smooth, dense finish and damp cure with burlap for three days. When grout is fully hardened, remove jacking screws and tighten nuts on anchor bolts. Check the installation for alignment and level, and perform approved corrective work as required to conform to the tolerances given in the applicable Instruction Manual. 1. Make an allowance of at least 1 -1/2 inches for grout under the equipment bases, whether or not shown on the Drawings. Use steel shims to level and adjust the bases. Shims may be left embedded in the grout, in which case they shall be installed neatly and so as to be as inconspicuous as possible in the completed work. Unless otherwise approved, all grout shall be a favorably reviewed non - shrink, non - metallic grout. 2. Grout: Non - shrink Grout per 05090 3. Where practicable, place the grout through the grout holes in the equipment base and work outward and under the edges of the base and across the rough top of the concrete foundation to a peripheral form so constructed as to provide a suitable chamfer around the top edge of the finished foundation. December 2010 11001 -7 Durham Reuse Pumping System Improvements Project No. 6479 General Equipment and Mechanical Requirements 3.04 EQUIPMENT STARTUP AND ADJUSTMENT A. Arrange for an authorized factory- trained representative of the company or companies supplying the various items of equipment to check the installation and adjust and test the equipment furnished before the acceptance of the work by the Owner. Said representative shall be experienced and knowledgeable of the equipment being tested. Furthermore, he shall assist and instruct the operating staff in adjusting and operating the equipment during the initial plant operation period. 1. Provide initial lubrication for all equipment. 2. Test and demonstrate to the Engineer that all equipment operates properly and specified performance has been attained. For pumps, include measurement of suction and discharge pressure at the pump and measurement of pumping rate by volumetric means or through a suitably calibrated meter for two points on the performance curve. For adjustable -speed pumps, conduct tests at a minimum of two speeds. Furnish any test equipment or measuring devices required, which are not part of the permanent installation. 3. In addition, demonstrate that the entire facility is in full operating condition prior to the acceptance of the work. Should any equipment or part thereof fail to operate as intended, immediately remove and replace it, all at the Contractor's expense. Pay for all tests involved in this Section. 4. Pressure test equipment and connections thereto as required by these Specifications. 5. For each electrical motor, measure terminal voltage, line current, power factor, and watts at motor terminals while running at full load. 3.05 PERFORMANCE TESTS A. Upon completion of the work, and after all systems are set and balanced, conduct performance tests in accordance with Division 1 and other applicable sections of these Specifications. Submit test conditions, test data and results to the Engineer for review. 3.06 TOOLS, LOOSE PARTS, AND LUBRICANTS A. Tools and Loose Parts Supplied: Provide an inventory of tools and loose parts required to be supplied under the project. Turn over inventory and parts to the Owner. The Owner's written acknowledgment of receipt is required for project completion. Loose parts are defined as items such as special tools, keys, safety equipment, and portable equipment. Refer to relevant technical sections of these Specifications for additional instructions. B. Recommended Spare Parts: Furnish a complete list of recommended spare parts and supplies for each piece of equipment furnished with current prices and a source of supply. C. Provide a list of all recommended lubricants not listed in the O &M Manuals. END OF SECTION December 2010 11001 -8 Durham Reuse Pumping System Improvements Project No. 6479 General Equipment and Mechanical Requirements SECTION 11002 ELECTRIC MOTOR DRIVES PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: Provide motors to drive equipment specified in other sections and Divisions, including, but not limited to, Divisions 11, 15, and 16. Refer to driven equipment sections for additional requirements. Requirements of the driven equipment Specifications shall take precedence over the requirements of this Section, where conflict occurs. This Section applies to all electric motors furnished for this project, unless otherwise noted. B. Related Sections: 1. Section 11001: General Equipment and Mechanical Requirements 2. Section 16010: General Electrical Requirements 1.02 REFERENCE STANDARDS A. National Electrical Manufacturers Association (NEMA) Standard: 1. MG 1 Motors and Generators B. Institute of Electrical and Electronics Engineers (IEEE) Standard: 1. 112 Test Procedure for Polyphase Induction Motors and Generators C. Underwriters Laboratories (UL) Publication: Recognized Component Directory 1.03 SUBMITTALS A. Make all submittals in accordance with Specification Section 01300. For each motor, include the following data in the shop drawing submittal for the driven equipment: 1. Manufacturer's name. 2. Manufacturer's type and frame designation. 3. Horsepower output. 4. Time rating. 5. Maximum ambient temperature rating. 6. Insulation system designation. 7. Rpm at full load. 8. Voltage, number of phases, frequency and full load amperes. 9. Code letter for locked rotor kVA. 10. Service factor at 40 °C ambient. 11. NEMA design letter. 12. Enclosure type. 13. Lubrication requirements, including type and frequency. 14. KW input power and power factor at 75% and 100% of rated horsepower output. 15. Guaranteed minimum efficiency and nominal efficiency per MG1- 12.55. 16. Nominal efficiency. December 2010 11002 -1 Durham Reuse Pumping System Improvements Project No. 6479 Electric Motor Drives 17. Installation diagram and Calculations as required by Section 01190 and 11001. B. Provide installation, operation and maintenance instructions, and renewal parts list as required for maintenance manuals under Section 01730. 1.04 COORDINATION A. General: Coordinate motors with driven equipment requirements. Unless otherwise specified, equipment manufacturers or suppliers shall select and provide motors for their equipment in conformance with these Specifications. Give particular attention to coordination of requirements for: 1. Power. 2. Starting torque. 3. Speed. 4. Bearing load. 5. Ambient temperature. 6. Frequency of starting. 7. Moisture exposure. 8. Adjustable speed control, where applicable. B. Suppliers of motors to be used with adjustable speed systems shall: 1. Provide all relevant motor data to the adjustable speed control manufacturer for analysis. Provide motors in conformance with and compatible with the adjustable speed control manufacturer's equipment and requirements. 2. Provide all relevant motor data to the pump manufacturer for vibration, reed critical frequency and other required analyses. 1.05 SPECIFIC REQUIREMENTS A. The following motor characteristics are specified with the driven equipment in all cases: 1. Speed. 2. Horsepower or supplier responsibility to determine. 3. Horizontal or vertical arrangement. 4. Indoor or outdoor location. B. Additional motor characteristics are specified with the driven equipment only where the required motor differs from the typical characteristics described below or where additional properties or characteristics are required that are not specified in this Section. PART 2 - PRODUCTS 2.01 GENERAL A. Motors shall be designed, built, and installed in the driven equipment, to provide long, trouble -free life in industrial service and shall be rated in conformance with NEMA MG1. Motors rated 100 horsepower or less and rated 600V or less shall be listed in UL Recognized Component Directory or shall be listed and labeled by other organizations acceptable to the authority having code enforcement jurisdiction. December 2010 11002 -2 Durham Reuse Pumping System Improvements Project No. 6479 Electric Motor Drives B. Unless otherwise specified with the driven equipment, provide motors with the following typical characteristics: 1. Single speed motors shall be designed for continuous duty and full voltage starting. Motors shall provide standard starting torque. 2. Motors used with variable frequency drives shall have inverter duty complying with NEMA MG -1 Part 31.40.4.2. 3. Voltage Ratings: a. 1/2 horsepower or less: 115 volts, single phase, 60 Hz, capacitor start. Small fan motors may be split phase or shaded pole type if standard for the equipment. b. Above 1/2 horsepower: 460 volts, three phase, 60 Hz, squirrel cage induction motors. 4. All motors shall have a service factor of 1.15 in an ambient temperature of 40 °C. a. Exceptions: Motors, which have special enclosures or winding configurations, may carry a Unity (1.0) Service Factor. Examples are totally enclosed, explosion proof, or submersible motors. 5. Windings shall be copper. 6. Provide ground lug inside the terminal box. 7. Provide lifting eye on each motor weighing more than 50 pounds. 8. Each motor shall be suitable for six starts per hour (5 minutes on and 5 minutes off, continuously) when powering the specific driven equipment required for this project. 9. Each motor shall have an overall sound power level at no load not greater than given in NEMA MG1- 12.49. 10. Motors, which have special operating characteristics such as multi- speed, high torque /high slip, short time intermittent ratings shall be nameplated to show how these characteristics differ from standard design. 2.02 NAMEPLATE A. Provide stainless steel nameplate for each motor, attached to the motor by stainless steel screws or drive pins. Nameplates shall indicate clearly the information required by NEMA MG1, Part 10 and MG1- 12.55. 2.03 ENCLOSURE TYPE BY LOCATION A. Unless otherwise specified with the driven equipment, provide motors with the following typical enclosures: 1. Inverter duty: Motors shall have the following features: a. Totally enclosed, fan cooled enclosure. b. Stainless steel nameplate. c. Cast iron housing, bearing brackets and fan guard. d. Cast iron conduit box with threaded conduit entrance. e. Corrosion resistant fan. f. Corrosion resistant hardware. g. Automatic breather /drain. h. Ground lug. i. Regreasable bearings. j. Provision for excluding water and dust from bearings. k. Class F insulation. I. Service factor of 1.15. December 2010 11002 -3 Durham Reuse Pumping System Improvements Project No. 6479 Electric Motor Drives m. Epoxy coating on all external surfaces. 2.04 INSULATION A. Unless otherwise specified with the driven equipment, provide motors with Class B or F insulation, non - hygroscopic. In motors to be used with adjustable frequency drives, provide Class F insulation with Class B temperature rise. In single phase motors 1/2 horsepower or smaller, provide Class A insulation or better. B. Where called for in the Specifications for the driven equipment, provide the following type of insulation: 1. Moderate Moisture Resistant: Provide extra dip and bake of epoxy or polyester varnish to resist somewhat higher than normal moisture in the atmosphere. 2.05 MOTOR HORSEPOWER A. The maximum permissible motor loading: 1. Motors with service factor 1.15 or greater: 100% of nameplate horsepower. 2. Motors with service factor less than 1.15: 90% of nameplate horsepower. 3. Note Table 11002 -1 does not apply to submersible motors. TABLE 11002 -1 MOTOR NOMINAL EFFICIENCIES AT FULL LOAD HP 900 RPM 1,200 RPM 1,800 RPM 3,600 RPM Open Drip -Proof and Weather Protected Type 1 Motors 1 78.5 82.5 85.5 77 1.5 80.0 86.5 86.5 84.0 2 85.5 87.5 86.5 85.5 3 85.5 88.5 89.5 85.5 5 86.5 89.5 89.5 86.5 7.5 87.5 90.2 91.0 88.5 10 90.2 91.7 91.7 89.5 15 90.2 91.7 93.0 90.2 20 91.7 92.4 93.0 91.0 25 91.7 93.0 93.6 91.7 30 92.4 93.6 94.1 91.7 40 91.7 94.1 94.1 92.4 50 93.0 94.1 94.5 93.0 60 93.6 94.5 95.0 93.6 75 94.1 94.5 95.0 93.6 100 94.5 95.0 95.4 93.6 125 94.5 95.0 95.4 94.1 150 95.0 95.4 95.8 94.1 200 95.0 95.4 95.8 95.0 250 94.5 95.0 95.0 94.5 December 2010 11002 -4 Durham Reuse Pumping System Improvements Project No. 6479 Electric Motor Drives HP 900 RPM 1,200 RPM 1,800 RPM 3,600 RPM 300 -500 95.0 95.8 95.8 94.5 Total Enclosed Fan Cooled Motors 1 78.5 82.5 85.5 77.0 1.5 80.0 87.5 86.5 84.0 2 85.5 88.5 86.5 85.5 3 86.5 89.5 89.5 86.5 5 88.5 89.5 89.5 88.5 7.5 89.5 91.0 91.7 89.5 10 90.2 91.0 91.7 90.2 15 90.2 91.7 92.4 91.0 20 91.7 91.7 93.0 91.0 25 91.7 93.0 93.6 91.7 30 92.4 93.0 93.6 91.7 40 92.4 94.1 94.1 92.4 50 93.6 94.1 94.5 93.0 60 93.6 94.5 95.0 93.6 75 94.1 94.5 95.4 93.6 100 94.5 95.0 95.4 94.1 125 94.5 95.0 95.4 95.0 150 94.5 95.8 95.8 95.0 200 95.0 95.8 96.2 95.4 250 95.0 95.4 95.8 95.8 300 -500 95.0 95.8 95.8 95.8 B. Probable motor horsepower ratings have been specified or shown on the Drawings. Changes from the specified horsepower may be accepted, if necessary to assure that motors do not exceed their maximum permissible loading, as defined above, under normal operation. Motor horsepowers shall not be less than those specified in driven equipment sections. If a larger horsepower rating is required by the driven equipment, provide all changes required to motor starting and control equipment and to the conduit and wiring system without any additional cost to the Owner. 2.06 EFFICIENCY A. For motors 1 horsepower and larger, provide premium efficiency motors unless otherwise specified. Premium efficiency motors shall have nominal efficiencies at full load not less than those listed in Table 11002 -1. 1. Guaranteed minimum efficiencies of premium efficiency motors shall correspond to nominal values as tabulated in NEMA MG -1, Table 12 -8 B. Efficiencies shall be determined by using the IEEE 112, Test Method B using segregated loss determination. C. Single -phase fractional horsepower motors 1/4 HP through 3/4 HP motors shall be high- efficiency split- capacitor types having minimum efficiency ratings of not less than 64% and power factors of not less than 94.5 %. December 2010 11002 -5 Durham Reuse Pumping System Improvements Project No. 6479 Electric Motor Drives 2.07 LOCKED ROTOR KVA - CODE LETTER A. Provide motors with locked rotor kVA values less than or equal to those corresponding to the following: Horsepower Code Letter <5 M 7 H > G 2.08 FACTORY TESTS A. Conduct factory tests on all motors in conformance with NEMA MG 1- 12.51. All tests shall be made in accordance with IEEE Standard 112. PART 3 - EXECUTION 3.01 INSTALLATION A. Install motors in driven equipment in conformance with motor manufacturer's recommendations and requirements. Motor nameplate shall be visible when installed on the driven equipment. END OF SECTION December 2010 11002 -6 Durham Reuse Pumping System Improvements Project No. 6479 Electric Motor Drives SECTION 11005 HYDRO - PNEUMATIC BLADDER -TYPE SURGE TANK PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: Furnish and install one hydro - pneumatic bladder -type surge tank used to minimize transient pressures from shock waves associated with pump startup and shutdown or valve shut -off. Tank shall be complete and operable, as shown on the Drawings and specified herein, including coatings and linings, appurtenances, and accessories, in accordance with the requirements of the Contract Documents. B. On Site Plant Air: Existing plant air with an approximate operating pressure of 100 psi will be connected to the hydro - pneumatic tank for as needed recharging of the tank bladder. 1.02 REFERENCES A. American National Standards Institute (ANSI) B. American Society of Mechanical Engineers (ASME), Boiler and Pressure Vessel Code, Section VIII, Div. 1, Latest Edition C. Hydraulic Institute Standards (HI) D. National Sanitary Foundation (NSF) 61: Drinking Water System Components — Health Effect E. Steel Structures Painting Council (SSPC) 1.03 SUBMITTALS A. Submit as a single complete initial submittal in accordance with Section 01300 B. Seismic Certification, Anchorage Design and Layout per Section 01190. C. Shop Drawings of hydropneumatic tank and associated appurtenances and piping, including detailed anchor installation drawings, shall be furnished as specified in the Contract Documents and herein. D. Performance Testing: Submit certified non - witnessed factory performance test results. Receive favorable review of test results prior to shipping the equipment. E. Complete interior and exterior tank lining and coating systems F. Manufacturer's handling, delivery, storage, and installation instructions. December 2010 11005 -1 Durham Reuse Pumping System Improvements Project No. 6479 Hydro- Pneumatic Bladder -Type Surge Tank G. Applicable material certifications and testing certifications. H. Manuals: Furnish manufacturer's installation and operation manuals, bulletins, and spare parts lists. I. Affidavits: Furnish affidavits from the manufacturer stating that the equipment has been properly installed and tested is ready for continuous operation. J. Product data for field painting and color palette. 1.04 QUALITY ASSURANCE A. Materials and equipment furnished under this Section shall be of manufacturers who have been regularly engaged in the design and manufacture of the materials and equipment for a period of at least 5 years. Demonstrate to the satisfaction of the Engineer that the quality is equal to the materials and equipment made by the manufacturers specifically named herein, if an alternate manufacturer is proposed. B. Factory Quality Control: The Contractor shall test all products as noted herein and by the reference specifications. C. Field Quality Control: 1. The Contractor shall: a. Perform pressure tests. b. Be responsible for the costs of additional inspection and retesting by the Owner resulting from noncompliance. 1.05 APPURTENANCES A. Furnish and install all necessary guides, inserts, anchors and assembly bolts, washers and nuts, hangers, supports, gaskets, couplings and flanges; all other appurtenant items shown on the Drawings, specified or required for the proper installation and operation; devices included in or on the tank equipment; and all piping accessories necessary for complete and operable system. 1.06 DELIVERY, STORAGE AND HANDLING A. Immediately upon delivery to job site, place materials in area protected from weather. Use non - marring slings for loading, unloading and handling units to prevent rope or cable damage to surfaces and protective wrappings. 1.07 WARRANTY A. The Hydropneumatic bladder tank shall carry a warranty of one year from initial operation, including coverage of the bladder for one year. December 2010 11005 -2 Durham Reuse Pumping System Improvements Project No. 6479 Hydro- Pneumatic Bladder -Type Surge Tank PART 2 - PRODUCTS 2.01 GENERAL A. The hydropneumatic tank shall be a bladder type pre - pressurized vertical cylindrical type with elliptical heads construction of welded carbon steel, tested and stamped in accordance with Section VIII, Division 1 of the ASME Code. B. Bladder inspection and replacement shall be via a removable flange assembly. Manufacturer tank support shall be designed to allow adequate access to bladder for replacement without the need to unbolt or remove tank. C. All materials delivered to the job site shall be new, free from defects, and marked to identify the material, class, and other appropriate data such as thickness for piping. D. Acceptance of materials shall be subject to strength and quality testing in addition to inspection of the completed product. Acceptance of installed systems shall be based on inspection and tests as specified hereinafter. E. Entire system shall comply with the seismic requirements for the project area. 2.02 MATERIALS AND MANUFACTURERS A. Reuse Water Hydro - pneumatic Tank: Shall be a standard pre - pressurized hydropneumatic storage tank. The water -air separation shall prevent air absorption by the water, and shall be achieved by means of a heavy duty bladder. 1. Rating: The tank shall have a normal rated maximum operating pressure of 150 psi. 2. Nominal Volume: Minimum 300 gallons. 3. Dimensions: Maximum diameter of 36 inches, maximum height of 96 inches, unless otherwise shown on the Drawings. 4. Hydrostatic Testing Pressure. Minimum 195 psi. 5. Inlet /Outlet Assembly: Flanged, bottom - mounted 6. Nozzles: Stainless steel as required for Safety Relief Valve, air pre- charge, pressure gauges, drain nozzle, and other nozzles as required. 7. Bladder: Size shall be calculated with respect to the necessary volume of water to be accepted during the pressure surge condition. The bladder shall fit inside the tank and leave an acceptable gap between the bladder and inner vessel surface. a. Bladder material shall be heavy duty EPDM or Butyl rubber. b. Provide one spare bladder and one spare cover assembly gasket. 8. Accessories: a. Provide one safety relief valve to prevent over - pressurization of the diaphragm tank. Relief pressure shall be set to 150 psi. b. Provide an air valve to re- charge the tank. c. Provide a drain nozzle on the outlet to drain the tank. Contractor to route drain piping to trench drain located near tank. d. Provide two pressure gauges with a range of 0 -300 psi, one to be located between ball valve and pressure regulator and one to be located between tank and pressure regulator. See contract drawings for installation details. December 2010 11005 -3 Durham Reuse Pumping System Improvements Project No. 6479 Hydro- Pneumatic Bladder -Type Surge Tank 9. Manufactures: Columbia Hydronics Company, 12828 Gateway Dr., Tukwila, WA 98168, (206) 241 -0500, Amtrol Engineered Products, 1400 Division Road, West Warwick, RI 02893 (401) 884 -6300, Pulsco 17945 Sky Park Circle, Suite GH, Irvine CA 92614, (949) 261 -1717, or approved equal. 2.03 FINISHES A. Provide all internal surfaces except stainless steel with manufacturer's standard factory applied finish. B. Prime Coat: All external surfaces except stainless steel shall be shop primed in accordance with the requirements of Section 11001. C. Tank and appurtenant equipment shall be field painted along with other installed equipment with a minimum 2 mil Aliphatic Polyurethane coating. Approved products are Tnemec Series 73, Ameron Amershield, or approved equal. Paint color shall match existing reuse system identification utilized at the facility. PART 3 - EXECUTION 3.01 INSTALLATION A. Install tank in accordance with the Contract Documents and in strict conformance with the manufacturer's installation instructions. B. Tank installation shall conform to requirements specified in Section 11001. C. The tank shall be installed to provide easy access for operation, and maintenance and to avoid conflicts between valve operators, structural members, or adjacent appurtenances. 3.02 FIELD TESTING A. Field testing per Section 11001. 3.03 FIELD PAINTING A. Cleaning and Completion: 1. At the completion of this portion of the work, remove all debris, remove all paint and stains from work for which paint finish is not intended, touchup all marred surfaces, and leave all buildings and structures in a clean condition, ready for use. 2. Refinish all damaged or imperfect painting to the satisfaction of the Engineer prior to final acceptance of the facility. 3. Finish work, except waterproofing mastics, is to present an even, pleasing, and uniform color and appearance. Surfaces exhibiting coatings with shadows, streaks, overlap marks, sags, drips, roughness, or non - uniform sheen will be considered as improperly applied and will not be considered acceptable. 4. Leave all nameplate data tags clean and readable and all grease fittings clean and usable. December 2010 11005 -4 Durham Reuse Pumping System Improvements Project No. 6479 Hydro- Pneumatic Bladder -Type Surge Tank 3.04 FIELD SERVICE A. The equipment manufacturer shall supply a competent field service engineer to thoroughly check and inspect the tank after installation, place the tank in operation, make necessary adjustments, calibrate instruments, and conduct field tests. B. Field service to also conform to requirements of Section 11001. C. Provide affidavit upon completion of field service per 1.03 I END OF SECTION December 2010 11005 -5 Durham Reuse Pumping System Improvements Project No. 6479 Hydro- Pneumatic Bladder -Type Surge Tank SECTION 11315 CENTRIFUGAL PUMP REHABILITATION PART 1 - GENERAL 1.01 SUMMARY A. Section includes rehabilitation of three existing horizontal splitcase, centrifugal Paco pumps manufactured by Paco Pumps (Grundfos CBS). Rehabilitation shall include replacement of the pump motors, impellers, seals, couplings and shafts. The rehabilitation shall be completed by Grundfos CBS and shall include one site visit for pump inspection and one site visit for installation and startup, for a total of two site visits. B. Included in Appendix A is a quotation from Grundfos CBS for the rehabilitation of the three pumps specified herein. The quoted price for the rehabilitation of the pumps is $20,560.00 C. Provide and install complete, tested, and operating rehabilitated centrifugal pumps as shown on the Drawings and specified herein. D. Pump Rehabilitation Responsibilities: 1. Contractor shall be responsible for disconnecting, removing and delivery of the existing Paco centrifugal pump assemblies, including motors and base, to the Grundfos CBS service specified in Part 2. 2. The Grundfos CBS service center will be responsible for removing the pump motor and replacing with a smaller motor as specified as well as removing and replacing the impeller, trimmed to the appropriate dimension to meet the design flows, mechanical seals, pump shaft and sleeves. The motor will be re- aligned with exactly the same centerline dimension for proper re- installation and re- attached to the base. 3. After re- assembly, the Grundfos CBS service center will be responsible for shut of head testing and shipping of the finished pump assemblies back to the jobsite. 4. Contractor shall be responsible for reconnecting the rehabilitated pump assemblies to the existing concrete pump base using existing concrete pump base and anchors. 5. Grundfos CBS service center will be responsible for on site field testing per Part 3.03 E. Related Sections: 1. Section 01300: Submittals 2. Section 11001: General Equipment and Mechanical Requirements 3. Section 11002: Electric Motor Drives 4. Appendix A: Grundfos CBS Quotation F. References: Where standards of surface preparation are described by citing SSPC specification numbers reference is made to the "Steel Structures Painting Manual" Volume 2 published by the Steel Structures Painting Council. December 2010 11315 -1 Durham Reuse Pumping System Improvements Project No. 6479 Centrifugal Pump Rehabilitation 1.02 EXISTING REUSE PUMP INFORMATION A. Pump configuration: The existing Paco centrifugal pumps installed in the Durham AWWTP reuse water pumping system are horizontal split case, double suction, centrifugal type including pump, motor, steel base and guard manufactured by Paco, Pump numbers, catalogue, serial numbers and existing motor sizes are outlined in Table 1 below. Table 1: Existing Pump Information Lead Pump Lag Pumps Pump Number RP -9001 RP -9003, RP -9004 Pump Type Centrifugal Centrifugal Constant Constant Speed Speed Serial Number 02B05589 ZG92B0199201A, ZG92B0199201 B Catalogue Number 29- 30958- XE0101 29- 50150 - X40590 Existing Motor Size (hp) 50 hp 125 hp 1.03 REUSE PUMPING SYSTEM REHABILITATION REQUIREMENTS A. The operating characteristics of the rehabilitated pumps as described in Section 1.01 shall be suitable for continuous, variable speed pumping of recycled water in conformance with the requirements of Table 2 below. Table 2: Proposed Pump Characteristics Lead Pump Lag Pumps Pump Number RP -9001 RP -9003, RP -9004 Pump Type Centrifugal Variable Centrifugal Variable Speed Speed Design Operating Point @ 500 gpm @ 178 ft 1,000 gpm @ 201 ft 60 Hz TDH TDH Maximum Head Condition @ 60 Hz 340 gpm @ 201 ft 1,000 gpm @ 201 ft TDH TDH Design Operating Point @ 54 Hz 250 gpm @ 165 ft 380 gpm @ 170 ft TDH TDH Minimum Head Condition @ Minimum 100 gpm @ 163 ft 600 gpm @ 185 ft Speed TDH TDH Impeller Diameter 7" 13.39" Maximum NPSH Required @ Minimum 17 ft 11 ft Head /Maximum Speed Maximum Speed 3600 RPM 1800 RPM Adjustable Speed Range 40 — 60 Hz 40 — 60 Hz Modified Nominal Motor Horsepower 40 HP 75 HP December 2010 11315 -2 Durham Reuse Pumping System Improvements Project No. 6479 Centrifugal Pump Rehabilitation 1.04 SUBMITTALS A. Shop Drawings and Product Data: Submit the following as a single complete initial submittal in accordance with Section 01300: 1. Product data fully describing all items proposed for use to demonstrate that the equipment conforms to the specifications, including motors, impellers, mechanical seals, couplings and other components to be installed on the rehabilitated centrifugal pumps. 2. Product data for field painting and color palette. 3. Motor data as specified in Section 11002. 4. Pump layouts and dimensions. 5. Pump performance curves. 6. Materials of construction. 7. Seismic Certification, Design Calculations and Drawings as required by Section 01190. B. Manuals: Furnish manufacturer's installation, lubrication, operation and maintenance manuals, bulletins, parts lists and spare parts lists. C. Affidavits: Furnish affidavits from the manufacturer stating that the equipment has been properly installed and tested and each is ready for continuous operation. D. Shutoff Head Test Report: Test results shall be submitted to the Engineer for review. Upon receipt of the Engineer's favorable review, the Contractor may ship the pumps to the job site. E. Field Testing Report: Furnish field testing report demonstrating satisfactory operation of all pumps in conformance with approved pump performance curves over the entire operational speed range without excessive noise, vibration, cavitation or overheating of bearings. 1.05 WARRANTY A. The Manufacturer providing rehabilitation of the equipment shall fully warrant for one (1) year from date of startup, that all equipment provided by the Manufacturer will be free from defects in material and workmanship. In the event a component fails to perform as specified, or is proven defective in service during the warranty period, the Manufacturer shall repair or replace, at his discretion, such defective part. PART 2 - PRODUCTS 2.01 PUMP REHABILITATION REQUIREMENTS A. Rehabilitation of the pump shall be done by the Grundfos CBS service center using Certified Paco parts, motors, impellers and seals. Grundfos CBS shall furnish and install the following: 1. Motors: Provide new inverter duty motors in accordance with Section 11002. a. Motors shall be sized by the Grundfos CBS service center to provide sufficient horsepower to overcome the maximum starting torque for the December 2010 11315 -3 Durham Reuse Pumping System Improvements Project No. 6479 Centrifugal Pump Rehabilitation pump and to flow capacity. Motor rpm shall not exceed 3600 rpm for 40hp motors and 1800 rpm for 75hp motors. 2. Pump and Motor Mounting: The new motor and rebuilt pump shall be mounted on the existing motor and pump steel base with the centerline dimension of the impeller in the exact same location vertically and horizontally on the base. The motor shall be aligned to match up with the pump. Any minor in field modification to base required for proper alignment of the motor and pump to the existing piping system to be done by contractor. 3. Pump Anchorage: The steel motor and pump base shall be fastened to the existing concrete pump base utilizing the existing pump anchors and anchor locations. No modifications to the existing piping configuration at the pump connection will be allowed. Any new base shall be grout filled after anchoring. 4. Impellers: New impellers are to be installed; impellers shall be trimmed by Grundfos CBS to meet the requirements of Table 1 in 1.03. 5. Seals: Chesterton Type 880 mechanical seals, or equal. 6. Couplings: New couplings to be Grid Type couplings with taper lock bushings and "orange peel" guards by Rexnord, or equal. 7. Shaft: New pump shafts and sleeves shall be stainless steel of an equal diameter and quality as the original pumps based upon the details supplied by the manufacturer. Existing shafts are 303 stainless steel with 416 stainless steel sleeves. B. The Grundfos CBS service center shall entirely inspect the existing pump during the initial site visit and suggest other repairs, if necessary. C. Grundfos CBS Service Center Location and Contact Information: Contact: Don Weiblen Address: 9400 SW Tualatin - Sherwood Rd. Tualatin, OR 97062 Phone: (503) 224 -6330 2.02 FINISHES A. Sandblasting: Motors, pumps and appurtenant equipment shall be sand blasted at the shop prior to shop priming to remove existing coatings. B. Prime Coat: Motors, pumps and appurtenant equipment shall be primed in the rehabilitation shop in accordance with the requirements of Section 11001. C. Motors, pumps and appurtenant equipment shall be field painted along with other installed equipment with a minimum 2 mil Aliphatic Polyurethane coating. Approved products are Tnemec Series 73, Ameron Amershield, or approved equal. Paint color shall match existing reuse system identification utilized at the facility. PART 3 - EXECUTION 3.01 INSTALLATION A. Equipment shall be installed in strict conformance with manufacturer's installation instructions. Pump and motor alignment shall be checked according to the December 2010 11315 -4 Durham Reuse Pumping System Improvements Project No. 6479 Centrifugal Pump Rehabilitation Standards of the Hydraulics Institute after pump and motor have been installed at the site. B. Contractor shall be responsible for completing all necessary steps to fully reinstall the rehabilitated pumps, including, but not limited to, adjustment of pump base horizontally or vertically for re- installation, installing new anchors as necessary to reconnect the pump assemblies to the concrete pump vibration pad and all other requirements to provide a complete and operable installation. 3.02 FIELD PAINTING A. Surface preparation prior to field painting: The surface preparation shall include brush cleaning and spot priming. Brush cleaning shall entail: remove dirt, dust, loose rust, and foreign matter in accordance with specification SSPC -SP 2, "Hand Tool Cleaning." Dust all surfaces and wipe clean with a tack rag just prior to coating. B. Application: All steel coating application to be done in accordance with the latest revision of SSPC -PA. Apply all material in strict accordance with manufacturer's instructions. Apply first coat immediately after surface preparation. Keep all paints at a consistency and applied in accordance with the printed directions of the manufacturer. The painting shall be done by hand, spray or roller as approved by the Engineer in conformance to individual paint manufacturer's recommendations. The Engineer will review all surfaces to be painted on the job prior to application of any coatings. Once the Contractor begins undercoating or priming, this will be his guarantee that the surface is acceptable to paint. All painted surfaces are to be free from drips, ridges, and brush marks. The following stipulations also apply: 1. Thinning permitted only when recommended by the manufacturer and only with thinner recommended for use with the particular product. 2. The use of additives to improve working characteristics or to lengthen or shorten set time is prohibited. 3. Items difficult or impossible to paint after installation are to be painted before installation and touched up after installation_. Particular attention shall be paid to materials, which will be joined so closely as to effectively prohibit proper paint application after assembly. These surfaces shall be painted prior to assembly. All surfaces subject to corrosion shall be coated. 4. Apply each coat to a uniform, even coating; lay material on in one direction and finish at right angles. Allow material to thoroughly dry between coats. Scuff, sand and remove all runs, sags, overspray, surface roughness, and other defects between each coat. Dust and wipe surface clean before applying next coat. 5. Cutting in is to be sharp and straight, free from overlaps or fuzzy edges. Redo any imperfect work. 6. Apply not less than the number of coats or dry film thickness specified. Apply additional coats if required for uniform coverage, full hiding, and to achieve film continuity. Finished work to be uniform in color, full coverage, smooth and free of sags and brush marks. 7. Do not apply coating when temperature is below 55 degrees F or when the temperature of the surface to be painted is less than 4 degrees F over the dew point temperature. Perform coating operations only under favorable December 2010 11315 -5 Durham Reuse Pumping System Improvements Project No. 6479 Centrifugal Pump Rehabilitation environmental conditions. Take all steps necessary to protect and completely cure the work. Correct defective work to the full satisfaction of the Engineer. 8. Apply the last finish coat on all work after all major construction is complete and the work areas have been cleaned up and are dust free. C. Cleaning and Completion: 1. At the completion of this portion of the work, remove all debris, remove all paint and stains from work for which paint finish is not intended, touchup all marred surfaces, and leave all buildings and structures in a clean condition, ready for use. 2. Refinish all damaged or imperfect painting to the satisfaction of the Engineer prior to final acceptance of the facility. 3. Finish work, except waterproofing mastics, is to present an even, pleasing, and uniform color and appearance. Surfaces exhibiting coatings with shadows, streaks, overlap marks, sags, drips, roughness, or non - uniform sheen will be considered as improperly applied and will not be considered acceptable. 4. Leave all machinery nameplate data tags clean and readable and all grease fittings clean and usable. 3.03 FIELD TESTING A. Each pump system shall be field tested after installation to demonstrate satisfactory operation without excessive noise, vibration, cavitation or overheating of bearings. B. The following field testing shall be conducted 1. Startup, check and operate the pump system over its entire operational speed range. 2. Obtain concurrent readings of motor voltage, amperage, pump suction head and pump discharge head for at least four pumping conditions at each pump rotational speed, including shut off head. Check each power lead to the motor for proper current balance. Obtain discharge pressure gauge readings and flow meter readings for each pumping condition. Acceptance testing shall include a comparison of measured installed flow and head, including shutoff head, with the manufacturer's curve value. Any discrepancy shall be resolved prior to the acceptance by the Owner. 3. Electrical and instrumentation tests shall conform to the requirements set forth in Division 16. C. Contractor to coordinate operation of system during field testing with Owner. D. Field testing shall be witnessed by the Owner and /or Engineer. The Contractor shall furnish three days advanced notice of field testing. E. In the event any pumping system fails to meet the test requirements, it shall be modified and retested as above until it satisfies the requirements. F. After each pumping system has satisfied the requirements, the Contractor shall certify in writing that it has been satisfactorily tested and that all final adjustments have been made. Certification shall include the date of the field tests, a listing of all persons present during the tests and the test data. December 2010 11315 -6 Durham Reuse Pumping System Improvements Project No. 6479 Centrifugal Pump Rehabilitation G. The Contractor shall bear all costs of field tests, including related additional services of the manufacturer's representative. If available, the Owners operating personnel will provide assistance in field testing. 3.04 FIELD SERVICE A. The Grundfos CBS service center or other designated representative shall provide a competent field service engineer to thoroughly check and inspect the pumps after installation, place the pumps in operation and make necessary adjustments, and instruct plant personnel in proper operating and maintenance procedures. END OF SECTION December 2010 11315 -7 Durham Reuse Pumping System Improvements Project No. 6479 Centrifugal Pump Rehabilitation SECTION 15050 PIPING, VALVES AND ACCESSORIES PART 1 - GENERAL 1.01 SUMMARY A. Section includes: Provide all piping, including fittings, valves, supports, and accessories as shown on the Drawings, described in the Specifications and as required to completely interconnect all equipment with piping for complete and operable systems. B. Related Sections Including Work Provided in this Section: Section 05090: Structural Metal Fasteners Section 11001: General Equipment and Mechanical Requirements Certain additional valves, piping, and accessories specified elsewhere in the Specifications. 1.02 REFERENCES A. Air - Conditioning and Refrigeration Institute (ARI) B. American Society of Heating, Refrigerating and Air - Conditioning Engineers (AS H RAE ) C. American Society of Testing and Materials (ASTM) D. American Society of Mechanical Engineers (ASME) E. American National Standards Institute (ANSI) F. American Water Works Association (AWWA) G. American Welding Society (AWS) H. Cast Iron Soil Pipe Institute (CISPI) I. U.S. Department of Transportation (DOT) J. Manufacturers Standardization Society of the Valve and Fittings Industry (MSS) K. National Fire Protection Association (NFPA) 1.03 SUBMITTALS A. Shop Drawings: 1. Verify by inspection and measurement all installation conditions, including existing utilities and structures, for all pipe before preparation of Shop Drawings. Submit field measurements and photos with Shop Drawings where exposed conditions are significantly different than indicated on the Drawings. December 2010 15050 -1 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 2. Layouts and Schematics: Submit detailed installation drawings of all piping. Schematics may be submitted for piping 4 inches and smaller. The installation drawings and schematics shall include: pipe support locations and types, fittings, valves, other appurtenances. 3. Submit data to show that the following items conform to the Specification requirements: a. Pipe, fittings, and accessories. b. Fabricated pipe supports and other pipe supports. c. Pipe couplings and flexible pipe pieces. d. Valves and Accessories. e. Thermal insulation and heat tracing. 4. Submit samples of gaskets and other materials where required by the detailed specifications. 5. Submit certified test reports as required herein and by the referenced standard specifications. B. Samples: 1. Solder and flux for copper pipe. C. Manuals: Furnish manufacturer's installation and operation manuals, bulletins, and spare parts lists for the following items: 1. Valves 3 inches and larger and all actuated valves. 2. Air Valves. 3. Pressure regulators. D. Affidavits: Furnish affidavits from the manufacturers for the following equipment: 1. Motorized valves. 2. All motorized or calibrated equipment. E. Field test reports as required in Part 3. 1.04 QUALITY ASSURANCE A. Materials and equipment furnished under this Section shall be of manufacturers who have been regularly engaged in the design and manufacture of the materials and equipment for a period of at least 5 years. Demonstrate to the satisfaction of the Engineer that the quality is equal to the materials and equipment made by the manufacturers specifically named herein, if an alternate manufacturer is proposed. B. Factory Quality Control: The Contractor shall test all products as noted herein and by the reference specifications. C. Field Quality Control: 1. The Contractor shall: a. Perform leakage tests. b. Be responsible for the costs of additional inspection and retesting by the Owner resulting from non - compliance. December 2010 15050 -2 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 1.05 PIPING SYSTEMS A. The various piping systems are identified by a multi - letter code on the Drawings. Piping materials are identified by type designation and most valves and accessories are identified by a valve and accessory system unless otherwise noted. 1.06 APPURTENANCES A. Furnish and install all necessary guides, inserts, anchors and assembly bolts, washers and nuts, hangers, supports, gaskets, couplings and flanges; all other appurtenant items shown on the Drawings, specified or required for the proper installation and operation of the piping; devices included in or on the piping equipment; and piping accessories. 1.07 PIPE SUPPORTS A. General: 1. Piping 4 Inches and Larger: Pipe supports are shown on the Drawings for piping 4 inches and larger in diameter, where the piping is shown on layout drawings. Each pipe support used is designed to resist seismic loading except where the support is of the sliding type for thermal expansion. Other supports are provided to resist axial seismic loading of pipes designed for thermal expansion. Pipe supports that are considered seismic resistant are so noted on the pipe support detail sheets on the Drawings. The location and types of supports and braces are indicative and may be modified by the Contractor to suit field conditions, provided the modified support system conforms to the design criteria stated herein, and receives the favorable review of the Engineer. Where piping is shown schematically only, it shall be the Contractor's responsibility to support all such piping in accordance with the design criteria stated herein and using support details shown on the Drawings. Pipe supports have been designed assuming flanged joints on ductile iron pipe and steel pipe, unless otherwise indicated on the Drawings. If groove type mechanical couplings are used as an alternative, provide additional supports where required, particularly to resist rotation. Shop drawings of these additional supports shall be favorably reviewed by the Engineer prior to installation. 2. Piping Less Than 4 Inches: Pipe supports are generally not shown for piping less than 4 inches in diameter. Where supports are not shown, it shall be the Contractor's responsibility to support all such piping in accordance with the design criteria stated hereinafter and the support details shown on the Drawings. Piping 2 -1/2 inches and larger and all piping for hazardous chemicals shall be supported with pipe supports designed to resist seismic loads. Hazardous chemical piping includes chlorine solution, natural gas, hypochlorite, polymer, alum /ferric chloride (concentrated and solution), compressed air, and magnesium hydroxide slurry. Piping smaller than 2 -1/2 inches with non- hazardous contents may be supported with non - seismic resistant supports. 3. Where not detailed or otherwise indicated, pipe support types and spacing shall be in accordance with the Manufacturer's Standardization Society (MSS) Standard Practice No. SP -58 and No. SP -69, except as superseded by the requirements of these Specifications. December 2010 15050 -3 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories B. Pipe Support System Design: 1. Design Loads: Pipe suspension shall be such as to prevent excessive stress or excessive variation in supporting force while system is in operation. Pipe supports shall support the sum of the weight of the pipe, fittings, appurtenances, and contents. In addition, the pipe shall be anchored to resist internal pressure forces tending to separate any unrestrained joint at pressures 1 -1/2 times the maximum working pressure for the applicable service. 2. Location: All piping shall be supported in a manner that will prevent undue strain on any valve, fitting, or piece of equipment. In addition, pipe supports shall be provided at changes in direction or elevation, adjacent to flexible couplings, at all non -rigid joints, at hose bibbs, and where otherwise shown. Where piping connects to equipment, it shall be supported by a pipe support and not by the equipment. a. Maximum support spacing shall conform to the following table: Pipe Size Inches Pipe Material Maximum Spacing Feet 1" & smaller Iron or Steel 6 Copper 4-1/2 Plastic continuous Tubing continuous 1 -1/4 to 2" Iron or Steel 8 Copper or Plastic 5 2 -1/2 to 4" Iron or Steel 10 Copper or Plastic 6 6 to 8" Iron or Steel 12 Plastic 8 10" & larger Iron or Steel 15 b. Piping penetrations through concrete walls and slabs are considered to resist seismic loading, provided penetrations for pipes 3 inches in diameter and larger are complete with a wall flange. c. Branch piping is not considered to provide resistance to seismic forces. 3. Anchors: Anchors for connecting pipe supports to concrete shall be in accordance with Section 05090. 4. Thermal Expansion Allowance: a. Provide one rigid pipe support for each straight run of pipe and between each pair of flexible couplings, flexible connectors, or expansion loops for pipes listed below. Provide other supports at the required spacing that allow sliding or rolling, as noted, along the pipe axis: 1) PVC pipe larger than 1 -inch in diameter (sliding inside PVC sleeve). 2) Domestic hot water 3) Aeration Air, Membrane Air, Compressed Air. b. Provide vertical support only, that is, no lateral support, within 4 feet of an angle or tee for pipes listed above. December 2010 15050 -4 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories PART 2 - PRODUCTS 2.01 GENERAL A. Pipe and valve sizes are nominal inside diameter unless otherwise noted. B. All materials delivered to the job site shall be new, free from defects, and marked to identify the material, class, and other appropriate data such as thickness for piping. C. Acceptance of materials shall be subject to strength and quality testing in addition to inspection of the completed product. Acceptance of installed piping systems shall be based on inspection and leakage tests as specified hereinafter. D. Cutoff Flanges: Provide at all pipe or sleeve penetrations where cast into wall for pipes 4 inches and greater in nominal diameter, and at all penetrations of 3 -inch and smaller nominal diameter pipe in wet or potentially wet locations as indicated on the Drawings. Cutoff flange outside diameter shall be at least a standard connection flange's outside diameter except that for pipe 30- inch - diameter and larger, nominal size, cutoff flange outside diameter may be 6 inches greater than outside pipe diameter. Cutoff flange shall be at least 1/4 -inch thick and shall be continuously welded (or cast) onto the pipe. Conform to pipe penetration details in paragraph 3.01A and as shown on the Drawings. 2.02 GENERAL MATERIAL REQUIREMENTS A. Gaskets: Except where specified otherwise, gaskets shall be Styrene- Butadiene Rubber (SBR). B. Bolts and Tie Rods: Unless specified otherwise herein, flange bolts and nuts, coupling bolts and nuts, tie rods and other hardware shall be as follows: 1. Exposed: Electroplated zinc or cadmium steel. C. Flexible Sealant: Flexible sealant for pipe joints, where shown on the Drawings, shall be a two- component polysulfide, non -sag; Sikaflex 2C, Dualthane, or equal. D. Fusion Epoxy Coating: AWWA C213; except application shall be by fluid bed only unless the greatest dimension of the article to be coated exceeds 10 feet, in which case electrostatic spray or flocking application may be used. 2.03 PIPING MATERIALS A. Pipe and Fitting Designation: Piping materials are identified by a "Type" designation in these Specifications. The "Type" designation identifies not only the pipe itself but the associated fittings and appurtenances and the installation and test procedures described for that "Type." The designation of a particular type shall indicate a complete installation including fittings, joints, cleaning and testing. The pipe and fitting materials for each type designation shall be as specified herein and summarized in the Pipe Type Schedule. B. Pipe Schedule: Piping systems and their corresponding piping and valve systems are listed Pipe Schedule on the Drawings. December 2010 15050 -5 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories C. Pipe Type Schedule: Pipe material, joints and fittings shall be as summarized below. A detailed specification of each pipe type follows. (The detailed specification supersedes the schedule in case of any conflicts.) Pipe Pipe Material Type Pipe Description Field Joints Fittings CUP T -1 Copper Solder or Flare Wrought Copper or Bronze DIPF N -2 Ductile Iron Mech. Groove Mech. Groove Coupling or DI Pipe Flange per 2.03 E PVC -6 V -6 PVC, Drain, Waste and B &S PVC Vent WSP M -2 Welded Steel Pipe Flange or Mech. Groove WSP Coupling D. CUP [Type T -1 Pipel : 1. Pipe: Copper, ASTM B88. a. Buried: Type K (soft drawn). b. Exposed: Type L (hard drawn). 2. Joints: a. Buried: Soldered or flared. b. Exposed: Soldered. 3. Solder: ASTM B32, alloy grade E or HB. Solder and flux shall contain less than 0.2% lead. 4. Fittings: a. Soldered: Wrought copper, ANSI B16.22; or cast bronze, ANSI B16.18. b. Flared: AWWA C800 and ANSI B16.26 E. DIPF [Type N -2 Pipel: 1. Pipe: Flanged or grooved end ductile iron. a. Flanged Pipe: AWWA C115 including Appendix A, minimum thickness Class 53. b. Grooved End Pipe: AWWA C151 with grooves in accordance with AWWA C606, Table 3, for rigid joints. Provide minimum thickness classes in accordance with AWWA C606. 2. Joints: Provide flanges where shown on the Drawings, provide mechanical rigid grooved couplings where shown on the Drawings up to 24 -inch. See Paragraph 1.07A.1 for special requirements for pipe supports with grooved couplings. Provide flanges where required to connect to valves, equipment or certain pipe supports. 3. Flanges: Ductile iron, plain faced, AWWA C115. Submit certification that flanges comply with AWWA C115. 4. Mechanical Grooved Couplings: AWWA C606, minimum pressure rating of 150 psi. 5. Fittings: a. Flanged: Ductile iron, AWWA C110 b. Grooved End: Ductile iron, AWWA C110 for materials, dimensions and pressure ratings. Grooves shall be in accordance with AWWA C606, Table 3, for rigid joints. c. Special Fittings: Special fittings not available in ductile iron may be fabricated of fusion epoxy lined and coated welded steel pipe with a design pressure of 450 psi. Submit design and wall thickness to the Engineer for review. December 2010 15050 -6 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 6. Lining: Standard thickness cement mortar lining for pipe and fittings, AWWA C104, except where noted otherwise in the Drawings or in the Pipe Schedule. Cement mortar linings shall be seal coated. Alternatively, fittings may be fusion epoxy lined and coated per AWWA C116. a. Ceramic Epoxy Lining for pipe and fittings where required in the Drawings or Piping Schedule: See ductile iron push -on joint pipe. b. Glass Lining for pipe and fittings where required in the Drawings or Piping Schedule: See ductile iron push -on joint pipe. 7. Gaskets: a. Flanged: Full face, 1/8- inch -thick SBR, AWWA C115, Appendix A. b. Mechanical Grooved Coupling: SBR, AWWA C606. 8. Flange Bolts: AWWA C115, Appendix A. 9. Pipe Taps: a. Direct threaded taps are not acceptable, except where specifically noted in the Drawings. Pipe branch line connections shall be made using service saddles, by using reducing flanges on tees, or by tapping blind flanges on tees. b. Service Saddles: 1) Materials: Ductile iron saddle with fusion bonded epoxy coating, stainless steel straps and hardware, and nitrile or neoprene gaskets. 2) Type: For ductile iron pipe 4 inches and less, single strap saddles may be used. For pipe greater than 4 -inch, double strap saddles shall be used. 3) Manufacturers: Smith -Blair Model 315 or 317; equivalent by R. H. Baker and Company; or equal. F. PVC -6 [Type V -6 Pipel: 1. Pipe and Fittings: Polyvinyl chloride drain, waste and vent, ASTM D2665. Fitting patterns, ASTM D3311. 2. Joints: Solvent weld. 3. Cement: Solvent cement, ASTM D2564, as recommended by the manufacturer. G. WSP [Type M -2 Pipel: 1. Pipe: Cement mortar lined steel cylinder pipe, AWWA C200 except as modified herein. Pipe shall be cement mortar coated where buried, and if required elsewhere by the Drawings or Specifications. Steel shall be ASTM A36. a. Dimensions: Nominal inside diameter shall be the minimum net inside clear lined diameter, except that net inside clear lined diameter may be up to '/2 -inch less than the nominal diameter for nominal diameter 12 -inch or less. b. Steel Cylinder Thickness: The pipe manufacturer shall design steel cylinder for pipe and fittings for the cover shown on the Drawings, in accordance with AWWA M -11. The minimum cylinder thickness for pipe with welded joints shall be 12- gauge. Design criteria areas follow: 1. Superimposed external load: AASHTO H2O 2. Internal pressure including surge allowance: 250 psi 3. Internal negative pressure: 15 psi 4. Maximum allowable stress: 50 % of minimum yield point OR 16,500 psi, whichever is less. 5. Maximum deflection permitted: 5 % 6. For tapered sections, minimum cylinder and mortar lining thicknesses shall conform to the requirements for the larger pipe diameter. c. Minimum steel cylinder thickness and lining thickness for in -plant piping: December 2010 15050 -7 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories Nominal Steel Cylinder Minimum Lining Size Minimum Wall Thickness Thickness (Inches) (inches) (inches) 6 - 8 0.135 3/8 10 - 16 0.188 1/2 18 - 48 0.250 3/4 54 - 60 0.312 3/4 2. Joints: Use welded joints, except flanged or connected with couplings where shown on the Drawings. a. Welded joints shall be butt strap, split butt strap, or lap joint. Butt straps and lap joint details shall be submitted to the Engineer for favorable review. The joint shall be designed to withstand all loads associated with installation and operating conditions. Rolled lap joints are not acceptable. The radius of the bell bends shall be greater than 15 times the cylinder wall thickness. Joint configuration and welding shall conform to the requirements of AWWA M -11 and AWWA C206 except Section 6 -2 testing, which are modified herein. The size of fillet welds shall be equal to the thickness of the smaller plate being joined. Butt welds shall be full penetration. b. For pipe less than 24- inch - diameter, the proceeding described in AWWA C205, paragraph 4.7.2.2.2 utilizing a burlap- covered ball shall be used for applying cement mortar lining to the insides of the joints. c. Cement mortar lining shall be patched after joint testing and may be hand applied. Conform to AWWA C205, Appendix A. d. Provide special closure lap joints at approximately 500 -foot intervals in accordance with AWWA C206. 3. Fittings: Fittings shall be made of hydrostatically tested cylinders of the same material and minimum thickness as the pipe, except that elbows shall have greater thickness if necessary to compensate for stress concentrations. They shall be as detailed on the Drawings or, if not detailed on the Drawings, shall be designed by the pipe manufacturer by the method stated in the AWWA Pipe Manual M11 as modified herein, subject to the favorable review of the Engineer. Unless otherwise noted or detailed on the Drawings, fitting dimensions shall conform to AWWA C208. Adding pipe to the fittings does not change the requirement that the fittings conform to AWWA C208 dimensionally, nor does it reclassify the pipe portion as part of the fitting. Use 250 psi for the design pressure P. a. Provide reinforcement for fittings (outlets, tees and wyes, etc.) in the form of collars, wrappers or crotch plates, in accordance with the current revision of AWWA M11, Table 13 -2. Coat buried fitting reinforcement with cement mortar. b. Crotch plates shall be designed in accordance with AWWA M11, using a minimum plate thickness of 1 -inch. c. Elbow dimensions (unless otherwise noted or detailed on the Drawings): 1) Minimum number of pieces for mitered elbows: a) 68° to 90 °: five pieces. b) 46° to 67 °: four pieces c) 23° to 45 °: three pieces d) Up to 22'/2°: two pieces December 2010 15050 -8 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 2) Radius, R, to pipe centerline: a) 1.25 pipe diameters for in -plant piping b) 2.5 pipe diameters for transmission lines 3) Wrought steel elbows complying with ANSI B16.9 and ASTM A234 may be substituted for mitered elbows as long as they meet, as a minimum, the radius, wall thickness and internal diameter requirements of this specification. d. Nozzles 3 inches and less shall be Schedule 40 weld fittings. Wheeling Pipe -O -Lets; Allied Branchlets; or equal. They may be unreinforced. e. Flares: Flare diameter shall be equal to the flange O.D. for the same size pipe. Fabricate flares from two sections of truncated cones, one angled 22 1 /2 degrees from pipe axis, the other 45 degrees. Grind all interior welds and edges perfectly smooth before lining. 4. Lining: Cement mortar, 3 /4 -inch thick AWWA C205 except as modified herein. Cement shall be Type II. On pipe 27 -inch diameter and larger, the lining shall be reinforced using a plain 2x4 -inch, 13x13 -gauge welded wire mesh welded to the inside of the pipe, fitting, or steel plate special. If the cement mortar lining is applied by the centrifugal process, the reinforcement may be omitted. Wire reinforcement shall conform to ASTM A185. Paint interior edges and other unlined surfaces in accordance with System 3 in Section 09960. 5. Coating: a. Cement mortar coating: 3 /4 -inch thick over the reinforcement, AWWA C205. Cement shall be Type II containing 15% to 20% pozzalan. Reinforcement shall be 7/32- inch - diameter minimum rod, applied directly to the cylinder at no more than 2 -inch center -to- center spacing, except that welded wire mesh will be permitted on fittings only over the dimensions defined by AWWA C208 for fittings. b. Non - cement mortar coating: Pipe without cement mortar coating shall be painted in accordance with Section 09960. Shop prime with products compatible with final coats. Hold back coatings of concrete encased portions of pipes from a point 2 inches within face of concrete encasement. c. On buried piping where the cement mortar coating is held back for flexible couplings or other similar connections, edges shall be ground smooth and the exposed pipe shall be painted with System 3 in Section 09960, Protective Coatings, and shall overlap the cement lining and mortar coating. Stripe coat edges between finish coats. 6. Flanges and Bolts: a. Steel ring flanges conforming to AWWA C207, Class B, D, with bolt holes drilled in conformance with ANSI B16.1, 125 -pound class except as needed to match equipment or other pipeline items. Bolts shall be sized in accordance with ANSI B16.1. Welding shall conform to AWWA C207. The inside diameter of all flanges shall be no more than 3/16 -inch greater than the outside diameter of the steel cylinder. Flanges shall be welded to the cylinder without warping and with flange face perpendicular to the longitudinal axis of the cylinder. b. Where ductile pipe joins with steel cylinder pipe, the steel flange is to be modified to be compatible, in pressure rating and configuration, with the ductile iron pipe. c. Exposed metal on the flanges shall be coated in accordance with Section 3.06. 7. Gaskets: SBR rubber OR Sewage and grease- resistant NBR (Nitril or Buna -N), 1/8 -inch thick. December 2010 15050 -9 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 8. Interior Bracing: Each section of pipe 24 -inch and larger shall have adequate interior bracing to prevent the pipe from being deformed during handling, transportation, storage, and installation. Bracing shall not be removed until construction operations are complete. 9. Factory Testing: Perform hydrostatic pressure tests of pipe and tests of specials in accordance with Section 5.2 of AWWA C200. Test methods are subject to the favorable review of the Engineer and the tests will be witnessed by the Engineer. 10. Marking: Cylinders and completed pipe and fittings shall be marked in accordance with AWWA C200 -97, Section 6.1. The manufacturer shall maintain records that identify the cylinder used for all completed pipe and fittings. All test results and other documentation required to be furnished to the Engineer shall identify the cylinders and completed pipe and fittings by use of this marking system. 11. Interior Moisture Control: Maintain interior moisture and provide plastic sheet end caps during storage and transportation. 12. Protective Coating: Exposed steel at joints, flanges and other locations shall be painted with 10 mils dry film thickness of high build epoxy, Tnemec Series 104, or equal. 2.04 PIPE COUPLINGS AND FLEXIBLE PIPE PIECES A. General: For typical pipe joints refer to pipe material specifications. Other joint devices shall be furnished where called for on the Drawings and as specified below. B. Mechanical Groove Couplings: 1. Application: Mechanical couplings (segmental clamp joints) shall be used wherever shown on the Drawings. They may be substituted for flanged joints on steel pipe if favorably reviewed by the Engineer and may be substituted for flanges on ductile iron pipe to the extent permitted under the ductile iron pipe specification. 2. Type: AWWA C606, pressure rated at least 300 psi. 3. Joints: Cut groove, except shoulder joints may be used for steel pipe where the wall thickness of the pipe is less than that allowed by Table 4 (AWWA C606). Only Type B, Type C, and Type D special ends are acceptable for shoulder joints. 4. Grooves: a. Ductile Iron Pipe where Mechanical Groove Couplings are Shown on the Drawings: Flexible joint, Table 2 (AWWA C606). b. Ductile Iron Pipe where Flanges are Shown on the Drawings: Rigid joint, Table 3 (AWWA C606). c. Steel Pipe: Table 4 (AWWA C606). 5. Gaskets: SBR. December 2010 15050 -10 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories C. Flexible Metal Hose: 1. Braid enclosed corrugated metal hose with factory attached ends with male pipe threads in sizes to 1 -1/2 -inch and with flanges for sizes 2 -inch and larger. Units shall have minimum live length as recommended by the manufacturer for maximum misalignment of 1/2 -inch unless larger misalignment requirement is shown on the Drawings. 2. Minimum Pressure Ratings: Service Minimum Working Pressure (psi) Compressed Air 300 Water 150 3. Material: AISI Type 316 ELC stainless steel. 4. Manufacturers: Flexonics Series 401; Anaconda Type LW and BW; or equal. 2.05 VALVES AND ACCESSORIES A. Valve and Accessory System Designation: Most valves and accessories to be furnished and installed are identified by a valve and accessory system designated by a letter symbol in the Piping Schedule. B. General Requirements for Valves: 1. All valves of each type shall be the product of one manufacturer. 2. All exposed valves shall be furnished with operators, handwheels, levers, or other suitable type wrench including handles as specified herein or as shown on the Drawings. Valves 4 -inch and larger located more than 7 feet above the floor level shall be furnished with chain operators. Chains shall be galvanized and shall extend to within 3 feet of the floor. Provide hook so that chain may be stored clear of walkways. All buried valves shall be provided with 2- inch - square operating nut and valve boxes. 3. All threaded stem valves shall open by turning the valve stem counter- clockwise. 4. All exposed valves and valve operators shall have a non - bleeding shop coat, unless otherwise specified. 5. Pneumatic Valve Actuators: Conform to AWWA C504 and AWWA C540 as modified herein. Cylinder bodies, heads, and ends fabricated from plastic, fiberglass, or other non - metallic materials will not be acceptable. C. General Requirements for Accessories: Pressure Gauges: Provide shutoff valves for all pressure gauges. Conform to additional requirements in this Section below. D. Valve and Accessory Systems: 1. Valve and Accessory System A: Applicable Service Condition: Clean Water and air. a. Swing Check Valves 2 -inch and Larger: 1) Rating: 175 psi up to 12 -inch, 150 psi for 14 -inch to 24 -inch. 2) Type: Swing, metal seats, outside spring and lever, AWWA C508. 3) Connections: Flanged, 125 -pound ANSI. 4) Materials: Cast iron, bronze trim. 5) Manufacturers: M & H Style 259; equivalent by Clow; or equal. b. Pressure Gauge Assembly: December 2010 15050 -11 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 1) Complete assembly shall include isolation valve, pulsation dampeners or snubbers. Provide a support plate to the nearest flange. 2) Pressure gauges shall have a dial size not less than 4 -1/2 inches, phenolic or polypropylene flangeless case, bronze brushed movement, phosphor bronze or stainless steel bourdon tube, 1 percent accuracy, friction mounted adjustable pointer, black figures on white dial, glass or acrylic window. Label face of dial to identify unit of measurement. Complete gauge shall be Ashcroft 1279; Trerice Series 450; or equal. 3) Isolation valves shall be Type 316 stainless steel needle valves (unless ball valves are shown on the Drawings); Trerice 735 or 740; Ashcroft 7004L; or equal. 4) Pulsation dampeners and snubbers shall be stainless steel for the specific service involved, and shall be Chemquip 25B; Trerice No. 870; or equal. c. Pressure Reducing Valves: 1) For Water: a) Self- Contained: Watts No. U5B for low flows or 223B for flows to 170 gpm; Cashco Model D for low flows or Model 8310 HP, DS for flows to 170 gpm. b) Provide strainers with stainless steel screens for each pressure reducing valve unless otherwise noted. c) Sizes, capacities and pressures shall be as noted on the Drawings. 2) For Air: Valves shall have an adjustable range from 3 to 125 psi with integral gauges. Valves shall be as manufactured by Wilkerson Model 2001 or 2015; Parker Hannifin 2000, 4000, or 6000 Series; or equal. See the Drawings for sizes, capacities, and pressure reduction. d. Butterfly Valves: 1) Standard: AWWA C504, except as modified herein. 2) Type: a) 3 -inch through 12 -inch: Wafer body, except short body flanged where shown as flanged on the Drawings, or where buried. b) 14 -inch through 72 -inch: Short body flanged. 3) Pressure Class: a) 3 -inch through 12 -inch: 150 B. b) 14 -inch through 72 -inch: 150 B, unless shown otherwise on the Drawings. c) Valves shall be bubbletight at rated pressure in either direction. 4) Materials: a) Body: Cast Iron; ASTM Al26, Class B, or ASTM A48, Class 40. b) Disk: Cast or ductile iron with Ni- Chrome or Type 316 stainless steel edge. c) Valve Shaft: Type 304 or Type 316 stainless steel. d) Seats: Buna -N. 5) Construction: a) Seats: Applied to body. Cartridge type seats with retaining rings are not acceptable. b) Disk to Shaft Connection: Stainless steel pins or torque plug. c) Shaft: Scribe both ends of the shaft to indicate valve position. d) Valve Diameter Limitation: Internal diameter of valve at the throat shall be no less than the nominal diameter of the valve less 1 -1/2 inches. December 2010 15050 -12 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 6) Finish: a) Exposed Exterior: Shop prime compatible with field applied finish coats. Refer to Section 09960. b) Buried Exterior: Shop coat with high - solids epoxy, 12 mils minimum. c) Interior: Shop line with two - component, high solids epoxy, AWWA C550. 7) Testing: Test in accordance with AWWA C504, except that leakage test shall be in both directions. Submit certified test results for tests specified in Sections 3.8 and 5.2 for valves 24 inches and larger. 8) Actuators: a) Type: Manual, except where specified otherwise, or shown otherwise on the Drawings or in the Butterfly Schedule in the Appendix. Provide valve position indicators on all actuators. b) Manual Actuators: Traveling nut, self - locking, or worm gear above 48 inches. (1) Buried: Designed for buried service, watertight up to 10 psi. Provide 2- inch - square standard AWWA operating nut, with extension stem to reach the ground surface as shown on the Drawings, and with a ground level position indicator. c) Motor: See Paragraph 2.05B.6. -7. 9) Manufacturer: Size Range Type First Name Second Name or Equal 3 " -12" Wafer Pratt, MKII - 3"-20" Flanged Pratt, 2FII DeZurik, BAW 24 " -72" Flanged Pratt, XR -70 DeZurik, BAW Buried 6 " -48" Flanged Pratt DeZurik, BAW Groundhog 2. Valve and Accessory System I: Applicable Service Conditions: Compressed air to 200 psig. a. Moisture Trap and Drainer: 1) Rating: 200 psi. 2) Type: Snap action float. 3) Material: Metallic body; stainless steel or rubber float. 4) Manufacturer: Armstrong, No. 71A, Wilkerson 5100 -4, or equal. b. Pressure Relief Valves: Set valve at 150 psig. Valves shall have 0-ring seats, Kunkle 6030; Farris 2856; or equal. c. Ball Valves: 1) Rating: Class 300. 2) Materials: Carbon steel body and ball, teflon seats. 3) Manufacturer: Neles - Jamesbury, Type 5300; or equal. d. Flexible Connectors: American BOA Type BCT; or equal. E. Miscellaneous Valves and Accessories: 1. Valve Tags: Plastic, fiberglass, or plastic material, 2 -inch square with grommeted hole. The tags shall be attached to valves with a brass jack chain. December 2010 15050 -13 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories For buried installations use a nylon strap. Lettering shall be stamped or cut into the tag at least 3/16 -inch high. 2. Pressure Regulator: Output pressure shall range from 0 -120 psi and be adjustable within the range, minimum 1 /4" NPT port size. Regulator shall be rated for a maximum supply pressure of no less than 150 psig and shall be manufactured by Wilkerson; or equal. 2.06 PIPE SUPPORTS A. Manufacture and Design: Pipe supports shall to the maximum extent possible be standard factory fabricated units conforming to the typical supports and braces shown in the Drawings and as specified below. Where required support cannot be provided by standard factory fabricated units, and is not detailed on the Drawings, the Contractor shall provide special pipe supports. Supports shall be manufactured or special fabrications or combination as shown on the Drawings or specified. Special fabrications shall be in conformance with Section 05500. Provide 3/4 -inch chamfer on corners of all support elements and file or grind smooth. Supports designated to allow axial pipe movement shall have smooth and even contact surfaces. B. Materials: All support systems shall be galvanized steel except that those that are submerged or that are located within a tank, channel, or other structure designed to hold water, below the top of surrounding walkway elevation or tank wall top, used to support stainless steel aeration piping, or otherwise called out on the Drawings, shall be Type 304 stainless steel. Trays for continuous support of plastic pipe or tubing shall be made of 20 -gauge galvanized steel. C. Insulation Protection Shields: Provide insulation protection shields at all pipe supports for insulated piping. D. Provide plastic caps with rounded corners on all exposed ends of channels. PART 3 - EXECUTION 3.01 PIPING INSTALLATION A. General Handling and Placing: 1. Exercise great care to prevent injury to or scoring of the pipe lining and coating, as applicable, during handling, transportation or storage. Handle fusion epoxy coated pipe and ceramic epoxy lined pipe in accordance with AWWA C213. Do not store pipe on rough ground and do not roll the pipe on the coating. Any damaged pipe sections, specials, or fittings shall be repaired or replaced at the expense of the Contractor as satisfactory to the Engineer. 2. Carefully inspect each pipe, fitting, valve and accessory before installation to insure there is no defective workmanship or obstructions. Inspect the interior and exterior protective coatings and patch all damaged areas in the field or replace to the satisfaction of the Engineer. 3. Place or erect all piping to accurate line and grade and backfill, support, hang, or brace against movement as specified or shown on the Drawings, or as required for proper installation. Remove all dirt and foreign matter from the pipe interior prior to installation and thoroughly clean all joints before joining. December 2010 15050 -14 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 4. Use reducing fittings where any change in pipe size occurs. Do not use bushings unless specifically noted on the Drawings. Use eccentric reducing fittings wherever necessary to provide free drainage of lines. 5. Cast all metallic pipes and sleeves 6 -inch and larger into new concrete walls without blockout. Pipes 5 inches and smaller may be cast in place or installed in a smooth core drilled hole using a link type seal at the Contractor's option. Maintain at least 1/2 -inch clearance between reinforcing steel and metal pipe in penetrations. 6. Cover polyvinyl chloride (PVC), chlorinated polyvinyl chloride (CPVC) and polyethylene (PE) pipe stored outside for more than two months with canvas or other opaque material. Provide for air circulation under the covering. 7. Certain installation requirements are contained in Sections 15400 and 15800. B. General Exposed Piping Installation: 1. Unless shown otherwise, install piping parallel to building lines, plumb and level. 2. Install piping without springing or forcing the pipe in a manner that would set up stresses in the pipe, valves, or connected equipment. 3. Set all pipe flanges level, plumb, and aligned. All flanged fittings shall be true and perpendicular to the axis of the pipe. All bolt holes in flanges shall straddle vertical centerline of pipes. 4. Flexibility and Expansion: Provide flexible couplings, flexible hose, or flexible spools for all piping connections to motor driven equipment and where otherwise shown. The Contractor may install additional flexible couplings at favorably reviewed locations to facilitate piping installation, provided that he submits complete details describing location, pipe supports, and hydraulic thrust protection. Anchor piping subject to expansion or contraction in a manner permitting strains to be evenly distributed. Sleeves for branches through walls from adjacent mains shall be of sufficient size to allow for free side motion of covered pipe in sleeves. 5. Install unions or flexible connections where shown on the Drawings, and at all non - motor - driven equipment to facilitate removal of the equipment. 6. Provide valves wherever equipment drain connections are furnished and carry the discharge pipe to the nearest floor drain, drain trench or sump. Where no receptacle for drain exists, install drain piping to 1 -inch above the floor. Drain piping and valve materials shall conform to the requirements of the system served. 7. Where piping conveying liquids passes over motor control centers, electrical panels and other electrical devices, install a protective drainage tray below the piping. C. Pipe Welding: 1. General: Unless specified otherwise, shop and field welding of pipe shall conform to ANSI B31.1 as amended by this paragraph. 2. All field and shop welding shall be done by the electric arc process unless otherwise specified. All field welding shall be done in passes not thicker than 1/4 -inch. Size and type of electrodes, and current and voltages used, shall be subject to the favorable review of the Engineer. Give particular attention to the alignment of edges to be joined, so that complete fusion and penetration will be effected throughout the bottom of the weld. Welds shall contain no valleys or undercuts in the center or edges of the weld. Thoroughly clean each pass, except the final one, of dirt, slag, and flux before the succeeding bead is applied. December 2010 15050 -15 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 3. Clean completed field welds of pipe joints of dirt, slag and flux, and then visually inspect. Completely chip out all defects in welds discovered during field inspection in a manner that will permit proper and complete repair by welding subject to the favorable review of the Engineer. Under no circumstances will caulking of defective welds be permitted. 4. All welding shall be done by experienced, skilled operators familiar with the methods and materials to be used. Hand welding will be done only by welders qualified under the standard qualification procedure of Section IX of the ASME Boiler and Pressure Vessel Code 5. Field welds shall follow as closely as possible to the laying operation. All field welds shall be complete before lining or coating of the joints in steel pipe is begun. Where pipe is fusion epoxy lined and /or coated, follow AWWA C -213 procedures for field welded joints. 6. A single, continuous, watertight, full fillet weld shall be the minimum required at all field joints. Double welded joints are required on all piping specifically noted to be double welded. 7. See also installation specifics for welding of pipe. D. Installation Specifics: 1. CUP [Type T -1 Pipe]: a. Bends shall be made in a manner that does not crimp or flatten pipe. b. Dielectric unions shall be installed at connections with ferrous piping. c. Pipe shall have joints squarely cut clean, soldered joints shall be properly fluxed and heated before solder is placed in the joint. Joints must be driven up tight before solder is added. Compression and flared joints shall be made up in accordance with the fitting manufacturer's installation instructions. Brazing shall be in accordance with ANSI B31.1. d. Install piping tight to slabs, beams, joists, columns, walls, and other permanent elements of the building. Provide space to permit insulation applications, with 1 -inch clearance outside the insulation. Allow sufficient space above removable ceiling panels to allow for panel removal. e. Install drains at low points in mains, risers, and branch lines consisting of a tee fitting, 3/4 -inch ball valve, and short 3/4 -inch threaded nipple and cap. f. Exterior Wall Penetrations: Seal pipe penetrations through exterior walls using steel sleeves and mechanical sleeve seals. g. Fire Barrier Penetrations: Where pipes pass through fire rated walls, partitions, ceilings, and floors, maintain the fire rated integrity. h. Install branch connections to mains using tee fittings in main with take -off out the bottom of the main, except for up -feed risers, which shall have take -off out the top of the main line. i. Install strainers on the supply side of each control valve, pressure reducing valve, pressure regulating valve, solenoid vale, inline pump, and elsewhere as indicated. Install nipple and ball valve in blowdown connection of strainers 2 inches and larger. 2. DIPF [Type N -2 Pipe]: a. Flanged Joints: Flanged joints shall be made up tight with care being taken to avoid undue strain in the flanges, fittings, and other accessories. Bolt holes shall be aligned for each flanged joint. Bolts shall be full size for bolt holes; use of undersize bolts to make up for misalignment of bolt holes or for any other purpose will not be permitted. Adjoining flange faces shall December 2010 15050 -16 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories not be out of parallel to such a degree that the flanged joint cannot be made watertight without overstraining the flange. Any flanged pipe or fitting whose dimensions do not allow the making of a proper flanged joint as specified herein shall be replaced by one of the proper dimensions. Clean flanges before jointing is started. Buried flanged pipe connections shall be made with the smallest practical "bell" hole. After the joint is completed take special care to completely fill the "bell" hole under and around the pipe with compacted backfill. b. Mechanical Grooved Couplings: Install in accordance with the manufacturer's instructions. 3. PVC -6 [Type V -6 Pipe]: a. Place PVC pipe within the installation areas at least 24 hours prior to installation to permit temperature equalization. b. Cut pipe ends squarely, ream and deburr inside and out. c. Solvent Weld Joints: Clean pipe ends and sockets and join in strict conformance with the pipe manufacturer's instructions. Make joints in accordance with ASTM D2855. Handle solvent cements and primers in accordance with ASTM F402. 4. WSP [Type M -2 Pipe]: a. Installation of pipe shall be in accordance with AWWA C600. b. Field welding of joints shall be in accordance with AWWA C206. Acceptance of field welds will be based on visual inspection and non- destructive testing by the Engineer while the welds are being made and after they are completed. Hand or power wire brush each weld thoroughly after completion to facilitate the inspection. Correct defects not complying with AWS Code D1.1 Sections 3.6 and 8.15. Determine the cause of defects and take corrective measures to prevent a reoccurrence. c. Following satisfactory testing of the weld, the interior of all joints shall be cement mortar lined. Pipe 24 inches and less shall be finished using the ball and burlap procedure described in AWWA C -205, paragraph 4.7.2.2.2. The exterior of the joints of buried pipe shall be cement mortar coated in accordance with Appendix A of AWWA C205. Prior to coating the exterior, tack weld one layer of wire mesh to the pipe. d. Steel edges not encased in concrete or cement mortar shall receive a protective coating of 16 mils of high solids epoxy. 3.02 COUPLING INSTALLATION A. Flexible Couplings and Flange Coupling Adaptors: Prior to installation, thoroughly clean oil, scale, rust, and dirt from the pipe to provide a clean seat for the gasket. Wipe gaskets clean before they are installed. If necessary, flexible couplings and flanged coupling adapter gaskets may be lubricated with soapy water or manufacturer's standard lubricant before installation on the pipe ends. Install in accordance with the manufacturer's recommendations. Tighten bolts progressively, drawing up bolt on opposite sides a little at a time until all bolts have a uniform tightness. Workers tightening bolts shall be equipped with torque - limiting wrenches or other favorably reviewed type. B. Tie Rods: Except where double nutting is required, install the nuts snug. Tighten the nuts gradually and equally at opposite sides of the pipe until snug to prevent December 2010 15050 -17 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories misalignment and to ensure that all rods carry equal loads. If double nutting is required, double nut each end of each tie rod. The space between the pairs of nuts shall be 1 /2 inch greater than the distance between the lugs. Provide double nutting at buried locations and where otherwise required on the Drawings. C. Flexible Rubber Spools: 1. Install in accordance with manufacturer's instructions. Unless otherwise shown on the Drawings, install flat with 1 /2 the maximum expansion. 2. Connect rubber spools only to full -face metal flanges. 3. Install control rod - compression sleeve assemblies with control rod nuts snug, to relieve stress on adjacent pipe, except at buried locations. Comply with manufacturer's instructions. 4. Paint buried galvanized steel retainer rings, bolts and other appurtenances in accordance with System 8 in Section 09960. 3.03 INSTALLATION OF VALVES AND ACCESSORIES A. Install valves and accessories such that all parts are easily accessible for maintenance and operation. B. Where valve handwheels are shown on the Drawings, valve orientation shall be as shown. Where valve handwheels are not shown, orient valves to permit easy access to the handwheels or handles and to avoid interferences. C. Install pressure gauges and thermometers in a position to permit reading them from a point approximately 5 feet above floor level, except that pump pressure gauges shall be installed close to the pump elevation. D. Rigidly support pressure switches and connect them to piping and equipment using a suitable flexible linkage that will not permit transmission of vibrations from the piping or equipment to the pressure switches. E. Provide a union adjacent to each screwed end valve and accessory with additional unions as necessary to facilitate removal. F. Provide a shutoff valve below each pressure gauge, protective device or air valve unless otherwise specified. G. Connections between ferrous and non - ferrous piping, valves, accessories or pipe supports shall be made using a dielectric coupling, union, or flange. H. Where valves or other pipeline items require metal full -face connecting flanges, provide intermediate flanges if the connecting flange is not adequate. I. Install butterfly valves in accordance with AWWA C504, Appendix A, Sections A.2 through A.5, inclusive. J. Install thermometer wells in piping tees in vertical position. Fill with oil. Where wells are in lines 2 inches and smaller, increase line size so that velocity at well section is not increased. December 2010 15050 -18 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories K. Provide test plugs on all closed water systems and condenser water systems located in inlet and outlet of coils, heat exchangers, cooling towers, and where indicated on Drawings. Locate test plugs where they will be easily accessible, have adequate clearance for insertion and removal of gage needles and thermometer stems, and position to allow unobstructed viewing of gages and thermometers. 3.04 INSTALLATION OF INSULATION A. General: Apply insulation material, accessories, and finishes according to the manufacturer's printed instructions. Seal joints and seams to maintain vapor barrier. Seal penetrations for hangers, supports, and anchors. Keep insulation material dry during application. Apply vapor barrier on seams, joints, over staples, and at end butt to fittings. B. Whenever possible, slip insulation on pipe before making connections. Seal joints with adhesive. Where the slip -on technique is not possible, cut one side longitudinally and apply to the pipe. Seal seams and joints with adhesive. 3.05 INSTALLATION OF PIPE SUPPORTS A. General: 1. Install and adjust supports for each pipeline such that the pipeline is true to the indicated line and grade. 2. Locate anchors and braces for any single support on a continuous structure; that is, not on two sides of a structural expansion joint. 3. Tighten clamps to develop full friction along the pipeline except where loose fitting clamps are called for. B. Electrolytic Protection: Pipe supports serving copper pipe or tubing shall be dielectrically insulated from the pipe by dielectric sleeves or plastic pipe wrap at the point of contact. 3.06 PIPE AND VALVE IDENTIFICATION A. General: Identify all exposed piping in this project by painting, banding, system name labels, and direction arrows. The color and banding shall match existing. Identify all buried and exposed valves with tags as specified below. B. Exposed Pipe Identification: Before painting, banding and labeling, pipes shall be identified by the Contractor with temporary wired -on cardboard tags showing the proposed marking for review by the Engineer. C. Piping: Paint all exposed reuse water piping with System 4 Painting and provide pipe markers to match existing reuse piping and markers. High Pressure Air Lines are to match existing color and insulation. System 4: Reuse Water Piping 1s coat(s): High Solids Epoxy (A) Amerlock 400 DFT = 3 -5 mils (T) Series 66 2nd coat High Solids Epoxy (A) Amerlock 400 DFT = 4 -6 mils (T) Series 66 Finish coat: Aliphatic Polyurethane (A) Amercoat 450HS December 2010 15050 -19 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories DFT = 2 mils additional (T) Series 73 1. Before starting work, obtain favorably reviewed color schedule 2. Colors are to be factory mixed, using light -fast colorants proportioned by accurate measurement into proper type base. All coatings must be formulated to perform in the climate and environment to which they will be exposed. D. Paints and protective coatings listed above refer to the following manufacturers and are specified as levels of quality. It is understood that the words "or equal" are included herein. Ameron (A) Tnemec Co. (T) E. Valves: Provide each buried valve with a valve tag identifying the pipeline contents, and either its valve number, or the area or item served by the valve for valves without a valve number. Contents shall be as designated in the Piping Schedule. F. Provide access panel markers for valves and control devices concealed behind access panels and above suspended ceilings. Locate markers on access doors and on ceiling T -bars. 1. Markers For Ceiling T -bar Installation: Blue, pressure- sensitive, self- adhesive, at least 3 mils thick, 3/8 -inch diameter. 2. Markers for Access Doors: 1/16 -inch thick, engraved plastic - laminate, with abbreviated terms and numbers corresponding to the concealed item. Provide 1/8 -inch center attachment hole. 3.07 PIPE AND EQUIPMENT IDENTIFICATION A. Identify all piping and equipment exposed to the atmosphere, both interior and exterior by a combination of color coding, stenciling or pressure- sensitive tape and direction arrows. B. Identify pipe by stenciling identification names and directional arrows as described in this Section. Place names and arrows every 16 feet and wherever a pipe enters or leaves a room or a pipe trench. Provide lettering size and type to match existing: C. Provide pipe identification names to match existing at plant. Directional arrows are to be in like size and color to match existing. Color of equipment and pipe shall match existing colors for each process. Gloss enamel is to be used for stenciling. D. Paint equipment in the same color as the pipe to which it is connected. 3.08 CLEANING A. Prior to testing, thoroughly clean the inside of each completed piping system of all dirt, loose scale, sand and other foreign material. Cleaning shall be by sweeping, flushing with water or blowing with compressed air as appropriate for the size and type of pipe. Flushing shall achieve a velocity of at least 3 feet per second. The Contractor shall install temporary strainers, temporarily disconnect equipment or take other appropriate measures to protect equipment while cleaning piping. December 2010 15050 -20 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 3.09 FIELD TESTING A. General: Perform leakage tests on all pipe installed in this project. Furnish all equipment, material, personnel and supplies to perform the tests and make all taps and other necessary temporary connections. The test pressure, allowable leakage and test medium shall be as specified and as shown in the Piping Schedule on the drawings. Test pressure shall be measured at the highest point on the line, except that pressure at lowest point shall not exceed pipe manufacturer's rated test pressure, unless specifically noted otherwise. Leakage tests shall be performed on all piping at a time agreed upon and in the presence of the Engineer. B. Exposed Piping: All supports, anchors and blocks shall be installed prior to the leakage test. No temporary supports or blocking shall be installed for final test. C. Accessories: It shall be the responsibility of the Contractor to block off or remove equipment, valves, gauges, etc., which are not designed to withstand the full test pressure. D. Testing Apparatus: Provide pipe taps, nozzles and connections as necessary in piping to permit testing including valves to isolate the new system, addition of test media, and draining lines and disposal of water, as is necessary. These openings shall be plugged in a manner favorably reviewed by the Engineer after use. Provide all required temporary bulkheads. E. Pneumatic Testing: Piping tested by air or another gas shall show no reduction of pressure during the test period after corrections have been made for changes in temperature in conformance with the following relationship: P1 P2 T 1 T2 Where T and T2 are the absolute temperatures of the gas in the pipe and P and P2 are the absolute pressures. The subscript "1" denotes the starting conditions and the subscript "2" denotes the final conditions. F. Precautions for Pneumatic Testing: Where air or another gas is called for as the test medium, the Contractor shall take special precautions to protect personnel. During the initial pressurization of a pipeline to the specified test pressure, personnel shall be protected by suitable barricades or shall remove themselves to locations where portions of the concrete structure itself are between them and the pipeline under test. G. Correction of Defects: If leakage exceeds the allowable, the installation shall be repaired or replaced and leakage tests shall be repeated as necessary until conformance to the leakage test requirements specified herein have been fulfilled. All visible leaks shall be repaired even if the pipeline passes the allowable leakage test. H. Reports: The Contractor shall keep records of each piping test, including: 1. Description and identification of piping tested. 2. Test pressure. 3. Date of test. December 2010 15050 -21 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories 4. Witnessing by Contractor and Engineer. 5. Test evaluation. 6. Remarks, to include such items as: a. Leaks (type, location). b. Repairs made on leaks. 7. Test reports shall be submitted to the Engineer. I. Venting: Where not shown on the Drawings, the Contractor may install valved "tees" at high points on piping to permit venting of air. Valves shall be capped after testing is completed. J. Testing Specifics: Piping systems shall be tested as required for the pipe type used. Unless specified otherwise, test each system for four hours. END OF SECTION December 2010 15050 -22 Durham Reuse Pumping System Improvements Project No. 6479 Piping, Valves and Accessories SECTION 16010 GENERAL ELECTRICAL REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Work Included: 1. The Electrical work supports the installation of three new reuse pumps (RP- 9001, RP -9003, and RP -9004) powered and controlled by three new Owner supplied adjustable frequency drives (VFD). Work includes the installation of the three new Owner supplied VFD's and providing and installing conduits, conductors, and related materials. Provide all required labor, project equipment and materials, tools, construction equipment, safety equipment, transportation, and test equipment, and satisfactorily complete all electrical work shown on the Drawings, included in these Specifications, or required for a complete and fully operating system. Startup and programming of the new drives will be provided by the Owner. B. Work Specified in Other Divisions: 1. Section 11002: Electric Motor Drives C. Safety: Conduct operations in accordance with NFPA 70E, Standard for Electrical Safety Requirements for Employee Workspaces and Oregon OSHA. 1.02 SUBMITTALS A. Shop Drawings: 1. General: Submit Product Review or Product information shop drawings for materials and equipment as required under each Specification section. 2. For Product Review submittals, submit a single, complete submittal package for all items specified in a particular Specification section. Submittal packages shall be organized by equipment type. Include separators and tabs or other means of identifying each Specification paragraph (e.g., 2.01, 2.02, etc.) of the submittals or other means of identifying each section of the submittal. B. As -Built Shop Drawings: Revise manufacturer's shop drawings to show any construction changes. These drawings shall include all elementary, schematic, and wiring diagrams of all equipment, including heating and ventilation. Prior to Final Acceptance, deliver one complete set to the Engineer for review. After such review, provide copies of all CAD produced drawings on magnetic media satisfactory to the Engineer in AutoCAD DWG format. 1.03 QUALITY ASSURANCE A. Codes: All electrical equipment and materials, including installation and testing, shall conform to the following applicable codes: 1. National Electrical Code (NEC), current edition; 2. National Electrical Safety Code (NESC), current edition; December 2010 16010 -1 Durham Reuse Pumping System Improvements Project No. 6479 General Electrical Requirements 3. Occupational Safety and Health Act (OSHA) standards; 4. Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems, International Electrical Testing Association (NETA). B. Standards: Equipment shall conform to applicable standards of American National Standards Institute (ANSI), Electronics Industries Association (EIA), Institute of Electrical and Electronics Engineers (IEEE), and National Electrical Manufacturers Association (NEMA). The revisions of these standards in effect on the date of issuance of the Contract Documents shall apply. C. Underwriters Laboratories (UL) listing is required for all equipment and materials where such listing is offered by the Underwriters Laboratories. Safety labeling and listing by other organizations, such as ETL Testing Laboratories, may be substituted for UL labeling and listing if acceptable to the authority having code enforcement jurisdiction. Provide service entrance labels for all equipment required by the NEC to have such labels. D. Contractor's Expense: Obtain and pay for all required bonds, insurance, licenses, permits and inspections, and pay all taxes, fees and utility charges that will be required for the electrical construction work. 1.04 DRAWINGS A. Drawings: The Electrical Drawings are diagrammatic; exact locations of electrical products shall be verified in the field with the Engineer. Except where special details are used to illustrate the method of installation of a particular piece or type of equipment or material, the requirements or descriptions in this Specification shall take precedence in the event of conflict. 1. Locations of equipment, inserts, anchors, motors, panels, pull boxes, manholes, conduits, stub -ups, fittings, lighting fixtures, power and convenience outlets, exterior lighting units, and ground wells are approximate unless dimensioned; verify locations with the Engineer prior to installation. 2. Field verify scaled dimensions on Drawings. 3. Review the Drawings and Specification Divisions of other trades and perform the electrical work that will be required for the installations. 4. Should there be a need to deviate from the Electrical Drawings and Specifications, submit written details and reasons for all changes to the Engineer for review. 5. Seismic Certification, Design Calculations and attachment drawings as required by Section 01190. B. As -Built Drawings: 1. Maintain a complete and accurate record set of Drawings for the electrical construction work. 2. Record all work that is installed differently than shown on the Drawings. 3. Upon completion of the work, transfer all marked changes to a clean set of full - size Drawings with red ink. Mark the Drawings "RECORD DRAWINGS" and submit them to the Engineer when the electrical work is completed. 4. Locate all underground conduits by accurate field- measured dimensions from walls and corners, etc., of surrounding structures. December 2010 16010 -2 Durham Reuse Pumping System Improvements Project No. 6479 General Electrical Requirements 1.05 COORDINATION A. Coordinate the electrical work with the other trades, code authorities, utilities, and the Owner. B. Where connections must be made to existing installations, properly schedule all the required work, including the power and control system shutdown periods. Schedule and carry out shutdowns so as to cause the least disruption to operation of the plant and privately owned facilities. C. When two trades join together in an area, make certain that no electrical work is omitted. 1.06 JOB CONDITIONS A. Operations: 1. Keep all power shutdown periods to a minimum. 2. Carry out shutdowns only after the schedule has been reviewed and accepted by the Engineer. B. Construction Power: 1. Make all arrangements for the required construction power. 2. When required, provide all equipment, materials and wiring in accordance with the applicable codes and regulations. 3. Upon completion of the project, remove all temporary construction power equipment, material and wiring from the site as the property of the Contractor. C. Storage: Provide adequate storage for all equipment and materials which will become part of the completed facility so that it is protected from weather, dust, water, or construction operations. 1.07 DAMAGED PRODUCTS A. Notify the Engineer in writing in the event that any equipment or material is damaged. B. Obtain prior review by the Engineer before making repairs to damaged products. 1.08 LOCATIONS A. General: Use equipment, materials and wiring methods suitable for the types of locations in which they are located, as defined in Paragraph B. herein. B. Definitions of Types of Locations: 1. Dry Locations: All those indoor areas which do not fall within the definitions below for Wet Locations and which are not otherwise designated on the Drawings. The Electrical Room is a Dry Location. 3. Wet Locations: All spaces wholly or partially underground, or having a wall or ceiling forming part of a channel or tank, unless otherwise designated on the Drawings. The Equipment Tunnel where the motors, pumps, and tanks are located is a Wet Location. December 2010 16010 -3 Durham Reuse Pumping System Improvements Project No. 6479 General Electrical Requirements PART 2 - PRODUCTS 2.01 STANDARD OF QUALITY A. Products that are specified by manufacturer, trade name or catalog number establish a standard of quality and do not prohibit the use of equal products of other manufacturers provided they are approved by the Engineer prior to installation. B. It is the intent of these Specifications and Drawings to secure high quality in all materials and equipment in order to facilitate operation and maintenance of the facility. All equipment and materials shall be new and the products of reputable suppliers having adequate experience in the manufacture of these particular items. For uniformity, only one manufacturer will be accepted for each type of product. All equipment shall be designed for the service intended and shall be of rugged construction, of ample strength for all stresses that may occur during fabrication, transportation, erection, and continuous or intermittent operation. All equipment shall be adequately stayed, braced and anchored and shall be installed in a neat and workmanlike manner. Appearance and safety, as well as utility, shall be given consideration in the design of details. C. All components and devices installed shall be standard items of industrial grade, unless otherwise noted, and shall be of sturdy and durable construction suitable for long, trouble -free service. 2.02 NAMEPLATES A. For each piece of electrical equipment, provide a manufacturer's nameplate showing manufacturer's name, location, the pertinent ratings and the model designation. B. Identify each piece of equipment and related controls with a rigid laminated engraved phenolic nameplate. Engrave nameplates with the inscriptions indicated on the Drawings and, if not so indicated, with the equipment name. Securely fasten nameplates in place using two stainless steel screws or, where approved by the Engineer, with epoxy cement. Where no inscription is indicated on the Drawings, furnish nameplates with an appropriate inscription furnished by the Engineer upon prior request by the Contractor. C. Each control device, including pushbuttons, control switches, and indicating lights, shall have an integral legend plate or nameplate indicating the device function. These shall be inscribed as indicated on the Drawings or as approved by the Engineer. List panel name and circuit number if equipment is served from panel or MCC. 2.03 FASTENERS A. Fasteners for securing equipment to walls, floors and the like shall be stainless steel. Provide stainless steel fasteners in Corrosive Locations. When fastening to existing walls, floors, and the like, provide wedge anchors. Provide capsule anchors for bolts 3/8 -inch and larger. Size anchors to meet load requirements. December 2010 16010 -4 Durham Reuse Pumping System Improvements Project No. 6479 General Electrical Requirements 2.04 PAINTING A. Equipment: Refer to each electrical equipment section of these Specifications for painting requirements of equipment enclosures. Repair any final paint finish that has been damaged or is otherwise unsatisfactory, to the satisfaction of the Engineer. 2.05 ENCLOSURES A. Unless otherwise noted, provide enclosures as follows: 1. Dry Locations: NEMA Type 1. 2. Wet Locations: NEMA Type 4X Stainless Steel. 3. See additional requirements below in Paragraph 3.08, Metal Panels. PART 3 - EXECUTION 3.01 REQUIREMENTS A. All electrical installations shall conform to the codes and standards outlined in this Section. 3.02 WORKMANSHIP A. Assign a qualified representative who shall supervise the electrical construction work from beginning to completion and final acceptance. B. Perform all labor using qualified craftsmen, who have had experience on similar projects. Provide first -class workmanship for all installations. C. Ensure that all equipment and materials fit properly in their installations. D. Perform any required work to correct improperly fit installations at no additional expense to the Owner. 3.05 CONDUCTOR IDENTIFICATION A. Identify all wires and cables in conformance with the requirements of Sections 16120 and 16124. This requirement applies to all equipment provided under this contract, regardless of Division, as well as to all conductors provided or worked on during this contract. 3.06 INSTALLING EQUIPMENT A. Provide the required inserts, bolts and anchors, and securely attach all equipment and materials to their supports. B. Install all floor- mounted equipment on 3- inch -high reinforced concrete pads. The Contractor, suppliers, and fabricators shall take this requirement into consideration when designing, fabricating, and installing panels, motor control centers, and other enclosures so that height above the floor of the operating handles of electrical devices meets the requirements of these Specifications and applicable codes. December 2010 16010 -5 Durham Reuse Pumping System Improvements Project No. 6479 General Electrical Requirements C. All electrical components such as fans, heaters, and instruments shall be provided with a disconnecting means as required by NEC Article 400 whether or not on the Drawings. 3.07 CUTTING, DRILLING, AND WELDING A. Provide any cutting, drilling, and welding that is required for the electrical construction work. B. Structural members shall not be cut or drilled, except when favorably reviewed by the Engineer. Use a core drill wherever it is necessary to drill through concrete or masonry. C. Provide the required welding for equipment supports. Conduits and fittings shall not be welded to structural steel. D. Perform patch work with the same materials as the surrounding area and finish to match, as specified in Division 3 of these Specifications. 3.08 METAL PANELS A. Mount all metal panels which are mounted on or abutting concrete walls in damp locations or any outside walls 1/4 -inch from the wall, and paint the back sides of the panels with a high -build epoxy primer. Film thickness shall be 10 mils minimum. 3.10 FIELD TESTS A. Perform tests in accordance with applicable procedures as described in NETA Acceptance Testing Specifications. B. Give at least 7 working days notice to the Engineer prior to any test to permit witnessing the test. C. Provide all materials, equipment, labor and technical supervision required to perform such tests and inspections. It is the intent of these tests to ensure that all electrical equipment is operational within industry and manufacturer's tolerances and is installed in accordance with the Contract Documents and manufacturer's instructions. The tests and inspections shall determine the suitability for energization. D. The Contractor shall have a calibration program which maintains all applicable test instrumentation within rated accuracy. 1. The accuracy shall be traceable to the National Bureau of Standards in an unbroken chain. Instruments shall be calibrated in accordance with the following frequency schedule: a. Field instruments: 6 months maximum b. Laboratory instruments: 12 months c. Leased specialty equipment: 12 months 2. Date calibration labels shall be visible on all test equipment. December 2010 16010 -6 Durham Reuse Pumping System Improvements Project No. 6479 General Electrical Requirements E. Where testing pursuant to NETA requirements is required in these specifications, submit a test report that includes the following: 1. Name of project, name of person performing test, and date of test 2. Description of equipment tested 3. Description of test 4. List of test equipment used and calibration date 5. Test results 6. Conclusions and recommendations 7. Appendix, including appropriate test forms 8. The test report shall be bound and its contents certified. Submit the completed report directly to the Engineer no later than thirty (30) days after completion of the test unless directed otherwise. Number of reports to be submitted for review shall be the same as the number required for shop drawing submittals. F. Safety practices shall include, but are not limited to, the following requirements: 1. Occupational Safety and Health Act of 1970, OSHA. 2. Accident Prevention Manual for Industrial Operations, Seventh Edition, National Safety Council, Chapter 4. 3. Applicable state and local safety operating procedures. G. All field tests shall be performed with apparatus de- energized except where otherwise specifically required by Section 8 of the latest Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems published by NETA. The Contractor shall have a designated safety representative who shall be present on the project and supervise operations with respect to safety. In all cases, work shall not proceed until the safety representative has determined that it is safe to do so. The Contractor shall have available sufficient protective barriers and warning signs to conduct specified test safely. H. Electrical equipment and materials furnished and installed by the Contractor, and the testing equipment listed below shall be tested in accordance with the "Inspection and Test Procedures" and "System Function Tests" (Section 8) of the latest Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems published by NETA. Tests shall not include any tests listed as optional in the aforementioned NETA Specifications unless specifically noted in respective equipment specifications for this project. I. Retesting will be required for all unsatisfactory tests after the equipment or system has been repaired. Retest all related equipment and systems if required by the Engineer. Repair and retest equipment and systems that have been satisfactorily tested but later fail, until satisfactory performance is obtained. J. Putting Equipment and Cables into Service: Submittal and favorable review of the specified factory and field tests shall occur before the Contractor is permitted to place the respective equipment or cable into service. K. Miscellaneous Tests 1. Insulation Resistance, Continuity, Rotation: Perform routine insulation resistance, continuity and rotation tests for all distribution and utilization equipment including all motors 1/2 horsepower and larger. Supply a suitable and stable source of test power at each test site. Notify the Engineer when December 2010 16010 -7 Durham Reuse Pumping System Improvements Project No. 6479 General Electrical Requirements equipment becomes available for acceptance tests. Work shall be coordinated to expedite project scheduling. All testing shall be performed in the presence of the Engineer. The Contractor shall be responsible for implementing all final settings and adjustments on protective devices and tap changes. Any system material or workmanship that is found defective on the basis of acceptance tests shall be reported directly to the Engineer. The Contractor shall maintain a written record of all tests and upon completion of project, assemble and certify a final test report. 2. Motor Current: Measure and record current in each phase for each new motor. Include measurement of the motor terminal voltages and motor currents when the motor is being operated at normal operating loads. For motors that are part of adjustable frequency drive systems, use true -RMS- reading instruments in making the measurements. 3. Operational Tests: Operationally test all circuits to demonstrate that the circuits and equipment have been properly installed, adjusted and are ready for full - time service. Demonstrate the proper functioning of circuits in all modes of operation, including alarm conditions, and demonstrate satisfactory interfacing with the data acquisition and alarm systems. 3.11 EQUIPMENT PROTECTION A. Exercise care at all times after installation of equipment, motor control centers, etc., to keep out foreign matter, dust, dirt, debris, or moisture. Use protective sheetmetal covers, canvas, heat lamps, etc., as needed to ensure equipment protection. 3.12 CLEANING EQUIPMENT A. Thoroughly clean all soiled surfaces of installed equipment and materials. B. Clean out and vacuum all construction debris from all areas of all equipment. C. Provide and touch -up to original condition any factory painting that has been marred or scratched during shipment or installation, using paint furnished by the equipment manufacturer. 3.13 CLEANUP A. Upon completion of the electrical work, remove all surplus materials, rubbish, and debris that accumulated during the construction work. Leave the entire area neat, clean, and acceptable to the Engineer. END OF SECTION December 2010 16010 -8 Durham Reuse Pumping System Improvements Project No. 6479 General Electrical Requirements SECTION 16110 CONDUIT, RACEWAYS AND FITTINGS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Provisions: Applicable provisions of Section 16010 become a part of this Section as if repeated herein. 1.02 REFERENCE STANDARDS A. American National Standards Institute (ANSI): 1. C80.1 Specification for Zinc Coated Rigid Steel Conduit 2. C80.3 Specifications for Zinc Coated Electrical Metallic Tubing 3. C80.5 Specifications for Rigid Aluminum Conduit B. Federal Specifications (FS): 1. FS W -C -1094 W- C -1094A Conduit and Conduit Fittings, Plastic, Rigid 2. FS WW -C -540 WW- C -540A Conduit, Metal, Rigid, (Electrical, Aluminum) WW- C -540C Conduit, Metal, Rigid & Coupling, Elbow & Nipple, Electrical Conduit, Aluminum 3. FS WW -C -566 WW- C -566C Flexible Metal Conduit C. National Electrical Manufacturers Association (NEMA): 1. RN 1 Polyvinyl Chloride Externally Coated Galvanized Rigid Steel Conduit and Electrical Metallic Tubing 2. TC 6 PVC and ABS Plastic Utilities Duct for Underground Installation D. Underwriters Laboratories (UL) Standards: 1. 6 Rigid Metal Electrical Conduit 2. 360 Liquid -Tight Flexible Steel Electrical Conduit 3. 651 Electrical Rigid Nonmetallic Conduit 1.03 SUBMITTALS A. Submit material or equipment data in accordance with the Product Information submittal requirements of Section 16010. 1.04 LOCATIONS A. Refer to Section 16010 for definitions of types of locations. December 2010 16110 -1 Durham Reuse Pumping System Improvements Project No. 6479 Conduit, Raceways and Fittings PART 2 - PRODUCTS 2.01 CONDUIT, RACEWAYS A. General: 1. Rigid metallic conduit (RMC) shall be used in all conduit systems, except where flexible conduit or polyvinyl chloride (PVC) conduit is required as shown on the Drawings. 2. The minimum size conduit or raceway shall be 3/4 -inch. B. Rigid Metallic Conduit (RMC): RMC shall be rigid steel conduit, and shall be hot -dip galvanized after fabrication, conforming to ANSI C80.1 and UL 6. Couplings shall be threaded type. C. PVC Coated Rigid Steel Conduit: PVC coated rigid steel conduit shall be hot -dip galvanized, conforming to NEMA RN 1, with factory - applied PVC coating 40 mils thick. All conduit inside buildings shall be PVC - coated rigid steel conduit. D. Liquidtight Flexible Metal Conduit (LFMC): Flexible metal conduit shall be liquid - tight, shall have a moisture- and oil -proof PVC jacket extruded over a galvanized, flexible steel conduit, and shall conform to UL 360. E. Rigid Nonmetallic Conduit (RNC): Rigid nonmetallic conduit shall not be used. F. Electrical Metallic Tubing (EMT) shall not be used. 2.02 CONDUIT SUPPORTS A. Supports for individual conduits shall be galvanized malleable iron one -hole type with conduit back spacer, unless otherwise identified on the Drawings. B. Supports for multiple conduits shall be hot -dip galvanized Unistrut or Superstrut channels, or equal. All associated hardware shall be hot -dip galvanized. C. All channels, strut, threaded rods, nuts and clamps in corrosive areas shall be of epoxy resin reinforced fiberglass material. Provide Unistrut, Superstrut, Robroy or equal. D. In corrosive locations all conduit supports, steel straps and anchors shall be stainless steel. 2.03 FITTINGS A. Fittings for use with RMC shall be hot dipped galvanized steel or galvanized cast ferrous metal; access fittings shall have gasketed cast covers and be Crouse -Hinds Condulets; Appleton Unilets; or equal. Provide threaded -type couplings and connectors; set -screw type and compression -type are not acceptable. B. Fittings for use with either rigid nonmetallic conduit or duct shall be PVC and have solvent - weld -type conduit connections. December 2010 16110 -2 Durham Reuse Pumping System Improvements Project No. 6479 Conduit, Raceways and Fittings C. Fittings for flexible conduit shall be Appleton Type ST; O -Z Gedney Series 4Q; or equal. D. Union couplings for conduits shall be the Erickson type and shall be Appleton Type EC; O -Z Gedney 3 -piece Series 4; or equal. Threadless couplings shall not be used. E. Bushings: 1. Bushings shall be the insulated type. 2. Bushings for rigid steel shall be hot dip galvanized insulated grounding type, O -Z Gedney Type HBLG; Appleton Type GIB; or equal. F. Conduits entering sheet metal boxes or cabinets shall be terminated with Myers hubs or equal. G. Use of "running thread" nipples is expressly forbidden. 2.04 CONDUIT SEALANTS A. Moisture Barrier Types: Sealant shall be a non - toxic, non - shrink, non - hardening, putty type hand applied material providing an effective barrier under submerged conditions. B. Fire Retardant Types: Fire stop material shall be a reusable, non - toxic, asbestos - free, expanding, putty type material with a 3 -hour rating in accordance with UL 1479. Provide products indicated by the manufacturer to be suitable for the type and size of penetration. PART 3 - EXECUTION 3.01 CONDUIT, RACEWAY, AND FITTING INSTALLATION A. From pull point to pull point, the sum of the angles of all of the bends and offsets shall not exceed 270 degrees. B. For power, control and signal circuits, provide conduit per Conduit Use Tables below, unless specifically indicated otherwise on the Drawings: 1. Exception: For raceways leaving a building above grade and then going below grade, provide RMC with PVC wrapped tape from a point 3 feet above grade to a point 5 feet from the building wall. C. At all boxes and equipment, provide insulated type metallic grounding bushings for metallic conduits. Bond together all conduits to provide continuity of the equipment grounding system. Size bonding conductor per NEC. D. Provide flexible conduit in lengths of not more than 36 inches unless approved by the Engineer at connections to motors, valves and any equipment subject to vibration or relative movement. E. Conduits embedded in concrete floors on grade shall be installed between grids of reinforcing steel, or shall be encased below the floors, provided the concrete is December 2010 16110 -3 Durham Reuse Pumping System Improvements Project No. 6479 Conduit, Raceways and Fittings thickened in a manner satisfactory to the Engineer. Installation of conduit below the bottom of this slab is not acceptable; embedding or encasing is required. F. Provide galvanized rigid steel factory ells for RMC raceways. Provide RMC for offsets in RMC raceways. G. Underground Raceways: Slope all underground raceways to provide drainage; for example, slope conduit from equipment located inside a building to the handhole located outside the building. For additional requirements see Section 16402. H. Conduit Supports: Properly support all conduits as required by the NEC. Run all conduits exposed except where the Drawings indicate that they are to be embedded in the floor slab, walls, or ceiling, or to be installed underground. 1. Exposed Conduits: a. Support exposed conduits within 1 foot of any outlet and at intervals not exceeding NEC requirements; wherever possible, group conduits together and support on common supports. Support exposed conduits fastened to the surface of the concrete structure by one -hole clamps, or with channels. Use conduit spacers with one -hole clamps. Coordinate conduit locations with piping, equipment, fixtures, and with structural and architectural elements. Conduits attached to walls or columns shall be as unobtrusive as possible and shall avoid windows. Run all exposed conduits parallel to building lines. b. Group together exposed conduits in horizontal runs located away from walls and support on trapeze hangers. Arrange such conduits uniformly and neatly. Trapeze hangers shall consist of channels of adequate size, suspended by means of rods or other suitable means from the ceiling or from pipe hangers. Install such runs so as not to interfere with the operation of valves or any other equipment, and keep at least 6 inches clear of any pipe, which may operate at more than 100 °F. Treat cut surfaces or damaged ends with corrosion - resistant coatings such as "Devcon Z ", prepared by Subox Coatings; "Galvanox Type I ", prepared by Pedley - Knowles; or equal. Application shall follow manufacturer's recommendation. 2. Conduits Embedded in Concrete: Provide concrete cover at least equal to that of the reinforcing steel, space at 3 conduit diameters apart except where they cross at angles greater than 45 degrees, and install so as not to reduce the structural integrity of the concrete element. I. When expansion joints are crossed, whether conduit is embedded or exposed, provide watertight expansion fittings and bonding jumpers. In hazardous locations, provide Crouse -Hinds UNF /UNV; Appleton; or equal. In unclassified locations, provide Crouse -Hinds XD; Appleton; or equal. J. Spare Raceways: After completing a conduit run between manholes, handholes, or pullboxes, prove the integrity of the conduit run. Use an air compressor to blow in a pull -line, then use the pull -line to pull a mandrel through the entire conduit run. Install a new 3/16 -inch nylon, 800 pound test pull -line, which has tape measure marking every foot to indicate length. Plug the ends of the conduit, with conduit cap plugs. December 2010 16110 -4 Durham Reuse Pumping System Improvements Project No. 6479 Conduit, Raceways and Fittings K. All penetrations through walls into or out of corrosive locations, as defined in Section 16010, shall be made gas- tight. In concrete walls, pour concrete after the conduit is in place if possible. If not possible, core drill concrete or CMU walls, install conduit, and caulk around it with non - shrink grout. Install conduit seal in each conduit near the penetration. L. All conduit penetrations through interior walls and floors shall be sealed with fire retardant type conduit sealant. M. Conduit Identification: In each handhole, pullbox, cabinet, motor control center or other equipment enclosure, identify each conduit using the conduit number shown on the Drawings by means of a stamped stainless steel tag affixed with stainless steel wire; where affixing a tag is not feasible, identify conduits by stenciling. Stencil all exposed conduits for identification at least once in each room. N. Conduit Seals: Moisture Seals: Provide in accordance with NEC Paragraph 300.5(g). O. Conduit in finished areas shall be installed concealed. P. Conduit shall not be supported from T -bar ceiling suspension wires. Q. Flexible conduit shall have a maximum length of 36 inches. Flexible conduit shall not be considered as a ground conductor. Flexible conduit shall only be installed in exposed or accessible locations. CONDUIT USE TABLE 1 Inside Buildings Exposed Concealed Embedded Slab In Above Circuit In On Stud Suspended Type Standard Corrosive Concrete Grade Walls Ceiling Power & 120 RMC NA NA NA NA NA Vac Control Signal RMC NA NA NA NA NA Notes: (a) Provide ground wire sized per NEC requirements for all circuits. (b) Signal circuits are those subject to RF interference or induced current. TSPs, telephone cable, coaxial cable, and manufacturer's cables specially designed for low level signals are all presumed to be part of signal circuits. END OF SECTION December 2010 16110 -5 Durham Reuse Pumping System Improvements Project No. 6479 Conduit, Raceways and Fittings SECTION 16120 LOW VOLTAGE WIRE AND CABLE PART 1 - GENERAL 1.01 DESCRIPTION A. Provisions: Applicable provisions of Section 16010 become a part of this Section as if repeated herein. 1.02 REFERENCE STANDARDS A. ASTM International (ASTM): 1. B3 -74 Specification for Soft or Annealed Copper Wire 2. B8 -77 Specification for Concentric Lay Stranded Copper Conductors, Hard, Medium -Hard, or Soft 3. B173 -71 Specification for Rope Lay Stranded Copper Conductors Having Concentric Stranded Members B. Insulated Cable Engineers Association (ICEA): 1. S -66 -524 Cross - Linked Thermosetting Polyethylene Insulated Wire and Cable C. International Electrical Testing Association (NETA): 1. ATS Acceptance Testing Specifications D. Underwriters Laboratories, Inc. (UL): 1. 62 Flexible Cords and Fixture Wire 2. 83 Thermoplastic - Insulated Wires and Cables 3. 510 Insulating Tape 4. 1063 Stranded Conductors for Machine Tool Wire 1.03 SUBMITTALS A. Submit material or equipment data in accordance with the requirements of Section 16010. 1.04 LOCATIONS A. Refer to Section 16010 for definitions of types of locations. PART 2 - PRODUCTS 2.01 CONDUCTORS A. General: All conductors shall be copper. Wire or cable not specifically shown on the Drawings or specified, but required, shall be of the type and size required for the application and in conformance with the applicable code. All insulated conductors shall be identified with printing colored to contrast with the insulation color. December 2010 16120 -1 Durham Reuse Pumping System Improvements Project No. 6479 Low Voltage Wire and Cable B. Power and Control Conductors, 600 Volts and Below: 1. Stranded copper wire shall be 600 volt Type THWN, Class B stranding, sizes #14 AWG and larger. 2. Stranded copper wire shall be 600 volt Type XHHW or RHW, Class B stranding, Sizes #8 AWG and larger. 4. Cables installed in cable tray shall be 600 volt, Type TC, flame- retardant, sunlight resistant, 90 °C in wet or dry locations approved for use in cable trays in Class I and 11, Division 2 hazardous areas. 2.02 SPLICES AND TERMINATIONS OF CONDUCTORS A. Splices: 1. Wire and Cable Splicing Materials and Applications: a. For Lighting Systems and Power Outlets: Wire nuts shall be twist -on type insulated connectors utilizing an outer insulating cover and a means for connecting and holding the conductors firmly. They shall be UL listed and suitable for connecting two to four copper conductors of #14. b. All Equipment: Crimp type connectors shall be insulated type with nylon jacket, suitable for the size and material of the wires and the number of wires to be spliced and for use with stranded conductors. They shall be UL listed. c. Division 16 Equipment and Power Conductors: Bolted pressure connectors shall be suitable for the size and material of the conductors to be spliced. They shall be UL listed and of the split bolt or bolted split sleeve type in which the bolt or set screw does not bear directly on the conductor. d. All Equipment: Epoxy splice kits shall include epoxy resin, hardener, and mold, and shall be suitable for use in wet locations and hazardous locations. B. Terminations: 1. Low Voltage Terminations: a. Crimp type terminals shall be UL listed, self - insulating sleeve type with nylon jacket, with ring or rectangular type tongue, suitable for the size and material of the wire to be terminated, and for use with either solid or stranded conductors. b. Terminal lugs shall be UL listed and of the split bolt or bolted split sleeve type in which the bolt or set screw does not bear directly on the conductor. Tongues shall have NEMA standard drilling. c. Crimp with manufacturer recommended ratchet -type tool with calibrated dies. Hand crimping tools are not acceptable. C. Tape used for splices and terminations shall be compatible with the insulation and jacket of the cable and shall be of plastic material. Tape shall conform with UL 510 and shall be Scotch 33 Plus. PART 3- EXECUTION 3.01 CONDUCTOR INSTALLATION A. Provide the following types and sizes of conductors for the uses indicated for 600 volts or less: December 2010 16120 -2 Durham Reuse Pumping System Improvements Project No. 6479 Low Voltage Wire and Cable 1. Stranded Copper, Size #14 AWG and larger, individual conductors: As shown on the Drawings for the control of motors or other equipment. Size #14 shall not be used for power supplies to any equipment. 2. Stranded Copper, Sizes #12 AWG and larger: As shown on the drawings for motors and other power circuits. 3. Solid copper, Size #14 AWG: As shown for receptacles, lighting fixtures and switches. 4. Fixture Wire: For connections to all fixtures in which the temperature may exceed the rating of branch circuit conductors. B. Color Coding: Provide color coding for all circuit conductors. Insulation color shall be white or grey for neutrals and green for grounding conductors. An isolated ground conductor shall be identified with an orange tracer in the green body. Ungrounded conductor colors shall be as follows: 1. 120/208 Volt, 3 Phase: Red, black and blue. 2. 277/480 Volt, 3 Phase: Brown, orange and yellow. 3. 120/240 Volt, 1 Phase: Red and black. 4. Control Wiring: 120 Vac: Purple. 5. Control Wiring: 24 Vdc: Any color not used above. C. Color coding shall be in the conductor insulation for all conductors #10 AWG and smaller; for larger conductors, color shall be either in the insulation or in colored plastic tape applied at every location where the conductor is readily accessible (e.g., enclosures, pullboxes, and junction boxes). D. Exercise care in pulling wires and cables into conduit or wireways so as to avoid kinking, putting undue stress on the cables or otherwise abrading them. No grease will be permitted in pulling cables. Only soapstone, talc, or UL listed pulling compound will be permitted. The raceway construction shall be complete and protected from the weather before cable is pulled into it. Swab conduits before installing cables and exercise care in pulling, to avoid damage to conductors. E. Cable bending radius shall be per applicable code. Install feeder cables in one continuous length. F. Provide an equipment grounding conductor, whether or not it is shown on the Drawings, in any flexible conduit or any raceway in which all or any portion of a run consists of non - metallic duct or conduit. G. In panels, bundle incoming wire and cables, No. 6 AWG and smaller, lace at intervals not greater than 6 inches, neatly spread into trees and connect to their respective terminals. Allow sufficient slack in cables for alterations in terminal connections. Perform lacing with plastic cable ties or linen lacing twine. Where plastic panel wiring duct is provided for cable runs, lacing is not necessary when the cable is properly installed in the duct. H. For cables crossing hinges, utilize extra flexible stranded wire, make up into groups not exceeding 12, and installed within a spiral wrap so that they will be protected from chafing and excess flexing when the hinged member is moved. December 2010 16120 -3 Durham Reuse Pumping System Improvements Project No. 6479 Low Voltage Wire and Cable 3.02 CONDUCTOR SPLICES AND TERMINATIONS A. Splices: Install all conductors without splices unless necessary for installation, as determined by the Engineer. Splices, when permitted, and terminations shall be in accordance with the splice or termination kit manufacturer's instructions. Splice or terminate wire and cable as follows: 1. Watertight Splices: Make splices in low voltage cables using epoxy resin splicing kits rated for application up to 600 volts. B. Terminations: Terminate stranded #14 wire using crimp type terminals where not terminated in a box lug type terminal. Terminals must be coordinated with type of terminal board where provided. 3.03 CONDUCTOR IDENTIFICATION A. Except for interior lighting and receptacle circuits, identify each wire or cable at each termination and in each pullbox, junction box, handhole, and manhole using numbered and lettered wire markers. All electrically common conductors shall have the same number. Each electrically different conductor shall be uniquely numbered. Identify panelboard circuits using the panelboard identification and circuit number. Identify motor control circuits using the equipment identification number assigned to the control unit by the motor control center manufacturer and the motor control unit terminal number. Identify other circuits as shown in the circuit schedule. C. Conductors between terminals of different numbers shall have both terminal numbers shown at each conductor end. The terminal number closest to the end of the wire shall be the same as the terminal number. D. Wire markers at wire ends shall be shrinkable sleeve type. Wire numbers shall be permanently imprinted on the markers. Wire markers shall be Brady Permasleeve, Brady Bradysleeve, or equal. E. Wire markers installed in each pullbox, junction box, and handhole shall be Brady or equal. 3.04 FIELD TESTS A. Insulation Resistance Tests: For all circuits 150 volts to ground or more and for all motor circuits over 1/2 horsepower, test cables per NETA. The insulation resistance shall be 20 megohms or more. Submit results for review. See also Section 16010. B. Phase Rotation: The phase rotation of all circuits shall be clockwise in sequence. The Contractor shall verify that each three -phase service, feeder and branch circuits meets this requirement. A record shall be kept of each circuit tested and, on completion, given to the Engineer for review. END OF SECTION December 2010 16120 -4 Durham Reuse Pumping System Improvements Project No. 6479 Low Voltage Wire and Cable SECTION 16124 SIGNAL CABLE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Provisions: Applicable provisions of Section 16010 become a part of this Section as if repeated herein. 1.02 REFERENCE STANDARDS A. ASTM International (ASTM): 1. B8 Concentric Lay Stranded Copper Conductors, Hard, Medium -Hard, or Soft, Specification for B. Underwriters Laboratories Incorporated (UL): 1. 13 Power Limited Circuit Cable Class 2, Specifications for (Bulletin) 2. 83 Thermoplastic Insulated Wires and Cables 1.03 SUBMITTALS A. Submit material or equipment data in accordance with the requirements of Section 16010. PART 2 - PRODUCTS 2.01 TWISTED SHIELDED PAIRS (TSP) A. Cable shall conform to UL 13, and UL 83 and shall be type PLTC cable suitable for conduit and cable tray use. Each TSP shall consist of two #18 AWG, 7- strand copper conductors per ASTM B8 with 15 mils PVC insulation. Conductors shall be twisted with 2 -inch or shorter lay, with 100 percent foil shielding and tinned copper drain wires. Each pair shall have a 35 -mil -thick outer jacket. Cable shall be rated at 90 °C and for operation at 600 volts, as noted on the Drawings. Provide Alpha; Dekoron; Belden; or equal. PART 3 - EXECUTION 3.01 CABLE INSTALLATION A. Signal cable shall be installed by personnel who have had a minimum of 3 years experience in terminating and splicing twisted shielded conductors, and co -axial cables. B. Adequate care shall be exercised by the installers to prevent cable damage or sheath distortion. Bending radius shall not exceed manufacturer's recommendations. December 2010 16124 -1 Durham Reuse Pumping System Improvements Project No. 6479 Signal Cable C. Cables shall be continuous from initiation to termination without splices except where specifically indicated. D. Cable shielding shall be grounded at the Control Panel (PLC) end only of the cable. Bonding shall be to a single ground point only. E. Heat shrinkable sleeving shall be installed on all cables to insulate shielding at the ungrounded cable terminations. F. Manufacturer's cable pulling tension shall not be exceeded. 3.02 CONDUCTOR SPLICES AND TERMINATIONS A. Splices: Install all conductors without splices unless necessary for installation, as determined by the Engineer. Splices, when permitted, and terminations shall be in accordance with the splice or termination kit manufacturer's instructions. Splice cables as follows: 1. Watertight Splices: Make splices in low voltage cables using epoxy resin splicing kits rated for application up to 600 volts. B. Terminations: 1. Crimp -type terminals shall be UL listed, self - insulating, nylon sleeve type with ring or rectangular tongue, suitable for size and material of the wire to be terminated and for use with either stranded or solid wire. 2. Crimp with manufacturer's recommended ratchet -type tool with calibrated dyes. Hand crimping tools are not acceptable. 3. Coaxial cable and connectors shall be terminated in accordance with the manufacturer's instructions. Use manufacturer's recommended solder. The Contractor shall prevent misapplication of solder and termination. 3.03 CONDUCTOR IDENTIFICATION A. Identify each wire or cable at each termination, in each pullbox, and in each handhole using numbered and lettered wire markers. All electrically common conductors shall have the same number. Each electrically different conductor shall be uniquely numbered. Conductor numbering shall be coordinated with the Interconnection Diagrams. B. Conductors between terminals of different numbers shall have both terminal numbers shown at each conductor end. The terminal number closest to the end of the wire shall be the same as the terminal number. END OF SECTION December 2010 16124 -2 Durham Reuse Pumping System Improvements Project No. 6479 Signal Cable Appendix A Grundfos CBS Quotation 12!21!2 @1H 16:06 503- 241 -0399 PACO PUMPS PORTLAND PAGE @1 Grundfos CBS, I tO PULPS 9400 SW Tualatin - Sherwood Road, Tualatin. OR. 97062 Phone: 503 -953 -0064 Fax: 503-241-0399 Email: dwelblen @grundfos.com Quotation from the desk of Don Weiblen To: Kennedy- Jenks Attn: Ed Burnacci Dec. 17, 2010 Fax: 503- 295 -4901 Subject: Pump Ftehabilitatlon per Section 11315 Grundfos CBS Inc. is pleased to offer the following quotation for your review and approval: Line Qty Description _rr Price Total Each 1 1 Model 3095 -7 Split Case, Replace seals, sleeves, $4,730.00 bearings, gaskets, wear rings, and trim impeller to now conditions. Also replace motor with new 40 HP suited for a VFD drive. 2 2 Model 5015 -9 Split Case, Replace seals, sleeves, $15,830.00 bearings, gaskets, wear rings, and trim impeller to new conditions, also replace motor with a new 75 HP, suited for VFD drive, Total for Parts, Labor and Equipment $20,560.00 1 Prices are FOB Portland. Standard Grundfos CBS Inc. terms and conditions apply, and credit is subject to approval_ One year warranty on all parts and labor, Quote Is valid for 30 days. If you should have any questions, or require any additional information, please do not hesitate to call me at your earliest convenience. I can be reached at the numbers above. Please complete information below to accept and return to the above fax number. Sincerely, Customer Signature: Don Weiblen Date Signed: Purchase Order: Note: Per our conversation, we will do a shutoff read an each pump while they are in our shop, Appendix B Project Drawings APPENDIX B - PROJECT DRAWINGS G1 TITLE SHEET, LIST OF DRAWINGS, REGION AND VICINITY MAPS G2 ABBREVIATIONS, LEGENDS AND SYMBOL 01 REUSE PUMP STATION SITE PLAN M1 REUSE PUMP STATION MECHANICAL PLAN M2 HYDRO - PNEUMATIC TANK SECTIONS AND DETAILS M3 REUSE PUMP STATION SECTIONS AND DETAILS El RACEWAY BLOCK DIAGRAM E2 REUSE PUMP STATION ELECTRICAL PLAN 11 PROCESS AND INSTRUMENTATION SYMBOLS AND ABBREVIATIONS 12 PROCESS AND INSTRUMENTATION REUSE PUMP STATION