Loading...
Specifications 09/3—o 237 c§I rc,70/3 - o a5 Lake Oswego • Tigard Water Partnership Maring water S connecting communities RECEIVED Bonita Pump Station 4 CITY OFTIGARD Work Order #209 BUILDING DIVISION Contract Documents Volume lof3 Division 00 through 01 90% Submittal DRAFT— NOT FOR CONSTRUCTION September 17, 2013 Prepared by: OFFICE COPY Eq/ BLACK &VEATCH Building a world of difference. 5885 SW Meadows Road, Suite 700 Lake Oswego,OR 97035 B&V Project No. 175069, File 50.2000 In association with • Applied Professional Services, Inc. • MWA Architects • Geotechnical Resources, Inc. • OBEC Consulting Engineers • GreenWorks, P.C. • OTAK, Inc. Lake Oswego Tigard Water Partnership Bonita Pumping Station TABLE OF CONTENTS DIVISION 00 -01 Subject Page Count VOLUME 1 of 3 DIVISION 00—BIDDING AND CONTRACTUAL REQUIREMENTS Bidding Requirements Invitation for Bids 1 : 2 Instructions to Bidders 1 : 10 Bid Form 1 : 7 Bid Bond 1 : 2 First-Tier Subcontractor Disclosure Form 1 : 1 Contract Forms Public Improvement Contract 1 : 4 Public Improvement Contract - Provisions 1 : 3 Public Improvement Contract - Provisions (Statutory) 1 : 1 Performance Bond 1 : 3 Payment Bond 1 : 3 Conditions of the Contract Standard General Conditions 1 : 64 Supplementary Conditions 1 : 27 Bureau of Labor and Industries (BOLT) Forms BOLT Statement Page - State Prevailing Wage Rates 1 : 1 BOLT Certified Payroll Form 1 : 2 BOLT Certified Payroll Instructions 1 : 2 Public Works Bond 1 : 1 DIVISION 01 —GENERAL REQUIREMENTS 01010 Summary of Work 1 : 3 01015 Schedule and Construction Constraints 1 : 2 01020 Permits and Easements 1 : 3 01025 Measurement and Payment 1 : 4 01035 Administering Contract Changes 1 : 4 01050 Survey Information 1 : 2 01060 Safety and Health 1 : 4 01071 Standard References 1 : 5 01200 Communication and Project Meetings 1 : 4 01300 Submittals 1 : 6 01305 Schedule of Values 1 : 3 01310 CPM Construction Schedule 1 : 12 01320 Internet Based Project Management Requirements 1 : 6 01380 Photographs and DVD Recording 1 : 1 01400 Quality Control 1 : 7 LOTWP- Bonita Pump Station Table of Contents-Volume 1 of 3 Work Order 209 TOC - 1 90%Submittal Subject Page a e 6 01664 OUnt 01545 Pr°tectio n and Maint en an a f PropertY, work and V tilities 1 ;O1550 Site Access, Staging, and Storage 1 :3 0156 S o Mitigation 1 :2 01561 Noise pollution p%vention Water Quality and 1 :12 Environmental Controls 415 j p Traffic Con atd Naul Routes 1 ' 10 016 p p CThunit�Re/ i ons 1 :3 01605 Shipment, Prot t Protection Storage 1 ;2 01660 Testing, Facility Sto p, and Commissioning 1 :15 Training 1 ' 6 O17Q pt /OSeout 1 :3 10 Final Cleanup pl?2p Re cord Do currents 1 2 01 730 Operating an e Maintenance f �ate°n 1 :9 01 78g Asset Man a g � a e 1 :9 01gpp Seismic Anchorage anBracing Requirements 1 :4 Wo Op-Bonita purr 90%Sub Order l p9 p Station Table of Contents-volume 1 of 3 roc-2 BIDDING REQUIREMENTS INVITATION FOR BIDS FOR WORK ORDER NO. 209 BONITA PUMP STATION FOR CITY OF LAKE OSWEGO, OREGON Sealed bids for Work Order No.209—Bonita Pump Station will be received from Prequalified bidders by David A. Prock, P.E., Deputy Project Director, at the West End Building,4101 Kruse Way, Lake Oswego, Oregon, 97035 (this is NOT a US Postal Service mailing address; hand delivery or commercial delivery service only) until 2:00 p.m., local time,on the XXX day of XXXXXX, 2014,and then will be publicly opened and read. SCOPE OF WORK: The Work required under the Bonita Pump Station contract includes but is not limited to, all labor, materials, and necessary equipment and appurtenances for constructing a new Bonita Pump Station, located in City of Tigard, Oregon.The pump station includes fiver barrel mounted vertical turbine pumps with firm capacity of 16 mgd,with space for ultimate capacity of 20 mgd; equipped with adjustable frequency drives, pump control valves, surge control and bypass valves, isolation valves, all housed in a cement mortar block structures with structural joist roof system, skylights, mechanical, electrical and pump room. The station is backed up by a generator located in the yard along with ancillary, piping and meter vaults and yard piping, electrical duct banks and transformers, heating, ventilation and conditioning equipment associated with the pump station. Landscaping and wetland protection requirements and permits are associated with this project. Full SCADA and telemetry is required to communicate control for this pump station. The WORK is located in private and(delete) public lands and in public rights-of-way,all within the City of Tigard. General contractors must already be prequalified by an earlier,separate process with the City of Lake Oswego to submit a bid on this project. No bid will be considered by the OWNER unless the bid form contains, or is accompanied by, a statement by the bidder as part of the bid that the provision required by ORS 279C.840 pertaining to prevailing wages shall be included in the contract. Each bid must contain a statement as to whether or not the bidder is a resident bidder as defined in ORS 279A.120. Each bid must also contain a statement as to whether the bidder is registered with the Oregon Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530 and ORS 701.005. The Contract Documents shall be obtained at Willamette Print and Blueprint(WP&B),3461 NW Yeon Ave. Portland, OR 97210. Contract Documents are available in either printed paper format or electronically through the WP&B "digital planroom" as follows: Log on to the following website: http://www.wpbinc.com/content/digital planroom . Click the link to "project information" to read or download the full solicitation document. Charges will apply to firms who download the Contract Documents or who obtain the paper version of the Documents. Copies of the Contract Documents can be shipped upon request following receipt of an additional fee to cover postage and handling. LOTWP—Bonita Pump Station Invitation for Bids WO#209 Page 1 of 2 A Mandatory Pre-Bid Conference will be held at 2:00 p.m. local time on XXXXXXXX, 2014 at the City of Lake Oswego's West End Building,4101 Kruse Way, Lake Oswego, OR 97035. Bidders are encouraged to visit the site of the Work during bid preparation. Clarifications to the Bidding Documents will be made by addenda only. Oral statements may not be relied upon and will not be binding or legally effective.All questions about the meaning or intent of the Bidding Documents shall be submitted to the ENGINEER in writing or by email. Contact the ENGINEER, Brown and Caldwell XXXXXX XXXXX at LOTBid @brwncald.corn (503-534-5449)with any questions. OWNERS RIGHTS RESERVED: The City of Lake Oswego, Oregon reserves the right to reject any and all bids not in compliance with all prescribed bidding procedures and requirements, or upon a finding by the City that it is in the public interest to do so. LOTWP—Bonita Pump Station Invitation for Bids WO#209 Page 2 of 2 INSTRUCTIONS TO BIDDERS ARTICLE 1-DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Prequalified Bidder— General Contractor prequalified to bid by an earlier, separate process with the City of Lake Oswego as listed in Article 3. B. Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Bid Security - For all occurrences of the words "Bid Security" throughout the Bidding Requirements, it shall be understood these words are synonymous with"Bid Bond." D. Bid Closing—the date and time immediately following the date and time set for Bids to be publicly opened and read. E. Days—Calendar days. ARTICLE 2-COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents shall be obtained at Willamette Print and Blueprint (WP&B), 3461 NW Yeon Ave. Portland, OR 97210. Contract Documents are available in either printed paper format or electronically through the WP&B"digital planroom" as follows: Log on to the following website: http://www.wpbinc.com/content/digital_planroom . Click the link to "project information"to read or download the full solicitation document. Charges will apply to firms who download the Contract Documents or who obtain the paper version of the Documents. Copies of the Contract Documents can be shipped upon request following receipt of an additional fee to cover postage and handling. 2.02 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the WORK and do not confer a license or grant for any other use. ARTICLE 3-QUALIFICATIONS OF BIDDERS 3.01 To demonstrate minimum qualifications to perform the WORK, each Bidder must have been prequalified by the City of Lake Oswego prior to submitting Bids. Prequalified Bidders are as follows: 1. 2. 3. 4. LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 1 of 10 INSTRUCTIONS TO BIDDERS ARTICLE 4-EXAMINATION OF BIDDING DOCUMENTS,OTHER RELATED DATA,AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Design Engineer has used in preparing the Bidding Documents. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Design Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A c made-available for review b-9wner to any Bidder on request. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the WORK appear in Paragraph 4.06 of the General Conditions. 4.03 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site, if any, by Owner or others (such as utilities and other prime contractors)that relates to the WORK contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price)for such other work. 4.04 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents,and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress,and performance of the WORK; C. become familiar with and satisfy Bidder as to all federal, state,and local Laws and Regulations that may affect cost, progress,and performance of the WORK; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions as containing reliable LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 2 of 10 INSTRUCTIONS TO BIDDERS "technical data", and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.05 of the General Conditions as containing reliable "technical data"; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the WORK or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents,and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the WORK at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the WORK to be performed by Owner and others at the Site that relates to the WORK as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations,explorations,tests, studies,and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the WORK. 4.05 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the WORK required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents,that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the WORK. ARTICLE 5-PRE-BID CONFERENCE 5.01 A mandatory Pre-Bid Conference will be held at 2:00 p.m. local time on XXXXXXX XX, 2014 at the City of Lake Oswego's West End Building, 4101 Kruse Way, Lake Oswego, Oregon, 97035. Representatives of Owner, Engineer, and Design Engineer will be present to discuss the Project. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 3 of 10 INSTRUCTIONS TO BIDDERS arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6-SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the WORK are to be obtained and paid for by Contractor, unless otherwise identified to be provided by the Owner, in the Contract Documents. Formal tours of the site of the WORK will not be offered by the Owner. Prospective Bidders may visit the site of the WORK on their own, but should practice due discretion, remain within public rights-of-way, avoid encroaching on or entering private properties, and minimize their public visibility and presence during such visits to avoid becoming a nuisance to adjacent residences, business establishments, and private property owners. ARTICLE 7-INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. Addenda, if they are issued, will be issued no later than five (5) business days prior to Bid Due Date. ARTICLE 8-BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of ten (10) percent of Bidder's maximum Bid price and in the form of a Bid Bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. The bond shall be executed by a surety company authorized to transact business in the State of Oregon. 8.02 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award,whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid Security furnished by such unsuccessful Bidders will be returned. LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 4 of 10 INSTRUCTIONS TO BIDDERS 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9-CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the WORK is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10-LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any,are set forth in the Agreement. ARTICLE 11-SUBSTITUTE AND"OR-EQUAL"ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12-SUBCONTRACTORS,SUPPLIERS,AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall with the Bidder's Bid, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the WORK for which such identification is required in accordance with Paragraph 6.06.B. of the General Conditions. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any Subcontractor, Supplier, individual,or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 5 of 10 INSTRUCTIONS TO BIDDERS acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13-PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the issuing office. 13.02 All blanks on the Bid Form shall be completed by printing in black or blue ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each lump sum and unit price item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. If the corporation has an official corporate seal, the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member or manager and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 All names shall be typed or printed in ink below the signatures. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.9 Postal and email addresses and telephone number for communications regarding the Bid shall be shown. 13.10 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant with the Bid. Bidder's state contractor license number, if any,shall also be shown on the Bid Form. 13.11 If the Contract is for a public work subject to ORS 279C.800 to 279C.870 or the Davis Bacon Act (40 U.S.C. 276a) no Bid will be received or considered by the public contracting agency unless the Bid contains a statement by the Bidder as a part of its Bid that the provisions of ORS 279C.840 or 40 U.S.C. 276a are to be complied with. LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 6 of 10 INSTRUCTIONS TO BIDDERS 13.12 No Bid for a construction contract shall be received or considered by the City of Lake Oswego unless the Bidder is registered, as appropriate for the Scope of WORK, with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530,ORS 701.005,and ORS 701.021. 13.13 A Bidder shall certify that the Bidder is not on a list created by the Construction Contractors Board under ORS 701.227 for contractors and subcontractors who are not qualified to hold or participate in a contract for a public improvement. 13.14 Each Bid must identify whether the Bidder is a resident bidder or nonresident bidder, as defined in ORS 279A.120. ARTICLE 14-BASIS OF BID;COMPARISON OF BIDS 14.01 Lump Sum A. Bidders shall submit a Bid on a Lump Sum basis as set forth in the Bid Form. B. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15-SUBMITTAL OF BID 15.01 An unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following data: A. Acknowledge receipt of Addenda. B. Attach Bid Security. C. Attach First-Tier Subcontractor Disclosure Form (see form for filing deadline). 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. Bids sent by facsimile will be considered non-responsive and rejected. LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 7 of 10 INSTRUCTIONS TO BIDDERS ARTICLE 16-MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 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,that Bidder may withdraw its Bid,and the Bid Security will be returned. Thereafter, if the WORK is rebid, that Bidder will be disqualified from further bidding on the WORK. ARTICLE 17-OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any,will be made available to Bidders after the opening of Bids. 17.02. For public improvement contracts greater than $100,000: "Instructions for First Tier Subcontractor Disclosure" Bidders are required to disclose information about certain first tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370). Specifically, when the contract amount of a first tier subcontractor furnishing labor or labor and materials would be greater than or equal to: (a) 5%of the Project Bid, but at least$15,000, or(b)$350,000 regardless of the percentage, the bidder must disclose on the form set forth in ORS 279C.370(2) the following information about that subcontract either in its Bid submission or within two working hours after Bid Closing: 1) The subcontractor's name, 2) The category of work that the subcontractor would be performing, 3) The dollar value of each subcontract. 17.03 If the bidder will not be using any subcontractors that are subject to the above disclosure requirements,the bidder is required to indicate"NONE"on the above-referenced form. THE OWNER MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED DEADLINE. (See Lake Oswego Public Contracting Procedures Rule 103- 0360.) ARTICLE 18-BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 8 of 10 INSTRUCTIONS TO BIDDERS ARTICLE 19—EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time,or changes in the WORK and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same WORK from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the WORK may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, Owner will consider 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. 19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the WORK for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the WORK in accordance with the Contract Documents. 19.06 If the contract is to be awarded, it will be awarded to the Bidder who submits the lowest responsive, responsible, and balanced Bid and whose evaluation by Owner indicates that the award will be in the best interests of the Project. 19.07 If the contract is intended to be awarded,Owner will issue at least ten (10)days before the award of a contract a written Notice of Intent to Award to each Bidder who submitted a Bid. 19.08 If the contract is to be awarded, Owner will give the successful Bidder a Notice of Award within thirty(30)days after the date the Notice of Intent to Award is issued. 19.09 Notwithstanding Lake Oswego Public Contracting Procedures Rule 103-0450, any Bidder who believes it will be adversely affected or aggrieved by Owner's intent to award the contract to the apparent low Bidder, shall have seven (7) calendar days from the date the Notice of Intent to Award is issued to submit to the Owner, at the location where Bids were submitted, a written protest of such intended award. The written protest shall, at a minimum, set forth the specific reasons why the protester believes that the contract should not be awarded to the apparent low Bidder and certify that the Protester's Bid is itself responsive in all respects to the Owner's Bidding Requirements. Owner will furnish any such protesting Bidder written notice of its decision on such protests prior to contract award. 19.10 Award shall be subject to preference for products produced or manufactured in Oregon, if price, fitness and quality are equal; and, solely for the purpose of evaluating Bids, Owner will add a percent LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 9 of 10 INSTRUCTIONS TO BIDDERS increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. ARTICLE 20-CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds and certificates of insurance. ARTICLE 21-SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied four (4) unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver two fully signed counterparts to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22-SALES AND USE TAXES 22.01 Owner is exempt from Oregon state sales and use taxes on materials and equipment to be incorporated in the WORK. ARTICLE 23-RETAINAGE 23.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. In lieu of retainage, provisions may be made as provided in ORS 279C.560 for depositing with Owner,approved bonds or securities of value equal to the retainage. LOTWP—Bonita Pump Station Instructions to Bidders Work Order 209 Page 10 of 10 BID FORM (A) PROJECT IDENTIFICATION: Bonita Pump Station (B) CONTRACT IDENTIFICATION AND NUMBER: Work Order No. 209 THIS BID IS SUBMITTED TO: David A. Prock, P.E., Deputy Project Director City of Lake Oswego 4101 Kruse Way Lake Oswego, Oregon 97035 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 and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty(60)days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement,that: (a) Bidder has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all of which is hereby acknowledged: Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date (b) Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities)which have been identified in the Supplementary General Conditions as provided in paragraph 4.02.A. of the General Conditions. Bidder accepts the determination set forth in paragraph SC-4.02. of the Supplementary General Conditions of the extent of the"technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.02. of the General Conditions. Bidder acknowledges that such reports and drawings may not be complete LOTWP—Bonita Pump Station Bid Form Work Order 209 Page 1 of 7 for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities)at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods,techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests,studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations,explorations,tests, studies and data with the Contract Documents. (g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person,firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. (i) Bidder has not discriminated against minority business enterprises,woman business enterprises,or emerging small business enterprises in obtaining any required subcontracts. (j) The Bidder acknowledges whether he is/is not registered with the Oregon Construction Contractors Board by placing his initials on the appropriate line: The undersigned as a Bidder, IS registered with the Oregon Construction Contractor's Board. The undersigned as a Bidder, IS NOT registered with the Oregon Construction Contractor's Board. The Bidder is NOT on a list created by the Construction Contractor's Board under ORS 701.227 for Bidders who are not qualified to hold a contract for public improvement. LOTWP—Bonita Pump Station Bid Form Work Order 209 Page 2 of 7 (k) The Bidder acknowledges whether he is/is not licensed by the State Landscape Contractor's Board as required by ORS 671.530 and ORS 701.005, by placing his initials on the appropriate line. The undersigned as a Bidder IS licensed by the State Landscape Contractor's Board. The undersigned as Bidder IS NOT licensed by the State Landscape Contractor's Board. (I) The Bidder acknowledges whether he is/is not a resident Bidder in the State of Oregon by placing his initials on the appropriate line: The undersigned as a Bidder IS a resident Bidder in the State of Oregon. The undersigned as Bidder IS NOT a resident Bidder in the State of Oregon. (m)The provisions required by ORS 279C.840 relating to prevailing wage rates shall be included in this contract. (n) The undersigned agrees that if awarded the contract, he/she will commence work within ten (10)days after the date of receipt of written notice to proceed,and he/she will complete the work within the time limits specified in the Agreement. (o) Bidder does hereby represent that the unit prices submitted, have been computed in accordance with paragraph 11.03.of the General Conditions and are those at which Bidder will perform the Work involved. (p) Bidder does hereby propose to furnish all labor, materials, equipment, and services necessary to construct and complete the project entitled:Work Order No. 209: Bonita Pump Station,for the sums set forth in the following Bid Schedule. LOTWP—Bonita Pump Station Bid Form Work Order 209 Page 3 of 7 BID SCHEDULE BONITA PUMP STATION GENERAL Item Estimated Amount Bid No. Quantity Units Description of Item Lump Sum Construction of a new 20 mgd Bonita Pump Station (including all labor, 1 1 LS equipment, and materials required $ to complete this work as described in the Contract Documents) MAJOR EQUIPMENT SCHEDULE Item Manufacturer Model Amount Bid Lump Sum Section 11140—Vertical Diffusion Vane Pumps (Quantity: 5) A Fairbanks Morse I $ B- I Flowserve I $ C I Floway I $ I I Is *Enter Bidder-proposed Adjustable Frequency Drive Manufacturer form list below and in accordance with Section 16150: • Eaton Cutler Hammer • Siemens— Rubicon • Square D • Toshiba Include AFD bid amount with pump manufacturer Amount Bid Lump Sum. Section 15114—Automatic Control Valves (Quantity: 5) A I Cla-Val $ Item Description Amount Bid Total of Lowest Priced Owner-Named Manufacturers for 2 each equipment item (exclusive of Bidder-Proposed "Or $ Equal" Manufacturers) listed in the Major Equipment Schedule TOTAL BID AMOUNT Total Bid Amount—Sum of Bid Prices for Bid Items 1 and 2 (in $ figures) All specific cash allowances are included in the price(s) set forth above and have been computed in accordance with paragraph 11.02.of the General Conditions. LOTWP—Bonita Pump Station Bid Form Work Order 209 Page 4 of 7 4. Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.07. of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 5. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of in the amount of which is ten percent (10%)of the total bid amount. (b) List of first-tier subcontractors(see form for filing deadline). 6. Communications concerning this Bid shall be addressed to Bidder indicated below. 7. Terms used in this Bid which are defined in the General Conditions or Instructions to Bidders will have the meanings indicated in the General Conditions or Instructions to Bidders. SUBMITTED on , 2014. State Contractor License No. LOTWP—Bonita Pump Station Bid Form Work Order 209 Page 5 of 7 Complete in black ink or by typewriter. If BIDDER is: An Individual Signature (Individual's Name,Typed or Printed) doing business as Business address Phone No. A Partnership Firm Name Signature (Name of Partner,Typed or Printed) Business address Phone No. A Limited Liability Company(LLC) LLC Name By (Signature of general partner—attach evidence of authority to sign) Name (typed or printed) Business Address State in which company was formed Phone No. LOTWP—Bonita Pump Station Bid Form Work Order 209 Page 6 of 7 A Corporation Corporation Name Signature (Officer's Name,Typed or Printed) (Title) (State of Incorporation) Attest (Secretary's Signature) Business address Phone No. Date of Qualification to do business LOTWP—Bonita Pump Station Bid Form Work Order 209 Page 7 of 7 PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY(Name and Address of Principal Place of Business): OWNER(Name and Address): City of Lake Oswego PO Box 369 Lake Oswego,OR 97034 BID Bid Due Date: XXXXX XX,2014 Project (Brief Description Including Location): The project, known as Work Order No. 209, Bonita Pump Station,for the City of Lake Oswego includes, but is not limited to,all labor, materials,and necessary equipment and appurtenances for constructing a new Bonita Pump Station, located in City of Tigard, Oregon. The pump station includes fiver barrel mounted vertical turbine pumps with firm capacity of 16 mgd,with space for ultimate capacity of 20 mgd; equipped with adjustable frequency drives, pump control valves, surge control and bypass valves, isolation valves, all housed in a cement mortar block structures with structural joist roof system, skylights, mechanical, electrical and pump room. The station is backed up by a generator located in the yard along with ancillary, piping and meter vaults and yard piping, electrical duct banks and transformers, heating,ventilation and conditioning equipment associated with the pump station. Landscaping and wetland protection requirements and permits are associated with this project. Full SCADA and telemetry is required to communicate control for this pump station. The WORK is located in private and(delete) public lands and in public rights-of-way,all within the City of Tigard. BOND Bond Number: Date (Not later than Bid due date): Penal sum (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Signature and Title (Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title Note: Above addresses are to be used for giving required notice. LOTWP—Bonita Pump Station Bid Bond Work Order 209 Page 1 of 2 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, 7. Any suit or action under this Bond shall be successors and assigns to pay to Owner upon default commenced only in a court of competent jurisdiction of Bidder the penal sum set forth on the face of this located in the state in which the Project is located. Bond. Payment of the penal sum is the extent of Surety's liability. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective 2. Default of Bidder shall occur upon the failure of addresses shown on the face of this Bond. Such Bidder to deliver within the time required by the notices may be sent by personal delivery, commercial Bidding Documents (or any extension thereof agreed courier, or by United States Registered or Certified to in writing by Owner) the executed Agreement Mail, return receipt requested, postage pre-paid, and required by the Bidding Documents and any shall be deemed to be effective upon receipt by the performance and payment bonds required by the party concerned. Bidding Documents. 9. Surety shall cause to be attached to this Bond a 3. This obligation shall be null and void if: current and effective Power of Attorney evidencing 3.1. Owner accepts Bidder's Bid and Bidder the authority of the officer, agent, or representative delivers within the time required by the who executed this Bond on behalf of Surety to Bidding Documents (or any extension execute, seal, and deliver such Bond and bind the thereof agreed to in writing by Owner) the Surety thereby. executed Agreement required by the Bidding Documents and any performance 10. This Bond is intended to conform to all applicable and payment bonds required by the Bidding statutory requirements. Any applicable requirement Documents,or of any applicable statute that has been omitted from 3.2. All Bids are rejected by Owner, or this Bond shall be deemed to be included herein as if 3.3. Owner fails to issue a Notice of Award to set forth at length. If any provision of this Bond Bidder within the time specified in the conflicts with any applicable statute, then the Bidding Documents (or any extension provision of said statute shall govern and the thereof agreed to in writing by Bidder and, remainder of this Bond that is not in conflict if applicable, consented to by Surety when therewith shall continue in full force and effect. required by Paragraph 5 hereof). 11. The term "Bid" as used herein includes a Bid, 4. Payment under this Bond will be due and payable offer, or proposal as applicable. upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the EJCDC NO.C-430(2002 Edition) Project and including a statement of the amount due. Contracts/Bid_Bond_2002.doc 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. LOTWP—Bonita Pump Station Bid Bond Work Order 209 Page 2 of 2 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (OAR 137-040-0017) Bids which are submitted by Bid Closing,but for which a required disclosure submittal has not been made by the specified Disclosure Deadline, are not responsive and shall not be considered for Contract award AGENCY SUPPLIED INFORMATION: PROJECT NAME: Bonita Pump Station BID#: 209 BID CLOSING: Date: x/xx/xx Time: 2:00 DAM ❑x PM REQUIRED DISCLOSURE DEADLINE: Date: x/xx/xx Time: 4:00 DAM ❑x PM Deliver Form To(Agency): City of Lake Oswego Designated Recipient(Person): David A. Prock, P.E. Phone#: 503-697-7417 Agency's Address: 4101 Kruse Way, Lake Oswego OR 97035 INSTRUCTIONS: The contracting agency will insert"N/A"above if the contract value is not anticipated to exceed$100,000. Otherwise this form must be submitted either with the bid or within two(2)working hours after the advertised bid closing date and time; but no later than the DISCLOSURE DEADLINE stated above. Unless otherwise stated in the solicitation,this document shall not be submitted by facsimile. It is the responsibility of bidders to submit this disclosure form and any additional sheets,with the bid number and project name clearly marked,at the location indicated by the specified disclosure deadline. See"Instructions to Bidders". List below the Name,Category of Work and Dollar Value for each first-tier subcontractor that would be furnishing labor,or labor and material,for which disclosure is required. Enter the word "NONE"if there are no first-tier subcontractors subject to disclosure. ATTACH ADDITIONAL SHEETS IF NECESSARY. BIDDER DISCLOSURE: SUBCONTRACTOR NAME CATEGORY OF WORK DOLLAR VALUE 1. 2. 3. 4. 5. 6. The above listed first-tier subcontractor(s)are providing labor,or labor and material,with a Dollar Value equal to or greater than: a) 5%of the total Contract Price, but at least$15,000. [If the Dollar Value is less than$15,000 do not list the subcontractor above.] or b) $350,000 regardless of the percentage of the total Contract Price. Form Submitted By(Bidder Name): Contact Name: Phone#: LOTWP—Bonita Pump Station First-Tier Subcontractor Disclosure Work Order 209 Page 1 CONTRACT FORMS ----,,o Or CITY OF LAKE OSWEGO It' ` PUBLIC WORKS/ PUBLIC IMPROVEMENT/ ;C.) O; SERVICE CONTRACT FOR PUBLIC IMPROVEMENT \ NOW (Greater than $50,000/with General and Supplementary Conditions) ? EGO', Contractor: Date of Contract: Mailing Date of Substantial XXX Address: Completion: Date of Final XXX Completion Work: Bonita Pump Station Contract Amount: Project: Lake Oswego Tigard Water Project Amount: Partnership Design Engineer Black &Veatch Engineer Brown and Caldwell WITNESSETH: Contractor and the City of Lake Oswego, a municipal corporation, ("Owner") mutually covenant and agree to and with each other as follows: 1. WORK/ PROJECT 1.1 General Description of Work. The Work is generally described as follows: The project, Bonita Pump Station,for the City of Lake Oswego includes, but is not limited to, all labor, materials, and necessary equipment and appurtenances for constructing a new Bonita Pump Station, located in City of Tigard, Oregon.The pump station includes fiver barrel mounted vertical turbine pumps with firm capacity of 16 mgd,with space for ultimate capacity of 20 mgd; equipped with adjustable frequency drives, pump control valves, surge control and bypass valves, isolation valves, all housed in a cement mortar block structures with structural joist roof system, skylights, mechanical, electrical and pump room. The station is backed up by a generator located in the yard along with ancillary, piping and meter vaults and yard piping,electrical duct banks and transformers, heating, ventilation and conditioning equipment associated with the pump station. Landscaping and wetland protection requirements and permits are associated with this project. Full SCADA and telemetry is required to communicate control for this pump station. The WORK is located in private and (delete) public lands and in public rights-of-way,all within the City of Tigard. The Work is part of the above named "Project", if stated above. 1.2 Project. The project for which the Work under the Contract Documents may be a part is referenced above. LOTWP—Bonita Pump Station Public Improvement Contract Work Order 209 Page 1 of 4 2. CLASSIFICATION OF WORK/CONTRACT DOCUMENTS 2.1 Classification of Work. This Work is classified as: Applicable Classification Description of Classification classification(s) Public Work Construction-includes the initial building of structures and roads. X Reconstruction-includes the restoration of existing buildings and the restoration,rebuilding or resurfacing of existing roads(includes (Note: Public Work and emergency work). Public Improvement are Major Renovation-includes any remodeling or alteration of existing not mutually exclusive; structures or roads(includes emergency work). a public impvt contract Painting of structure or building. is frequently also a General Maintenance/Demolition—Only if part of construction or public works contract). major renovation project Public Improvement Construction, reconstruction or major renovation on real property, X not including emergency work, or ordinary repair or maintenance necessary to preserve a public improvement. Service Contract Relating to General Maintenance necessary to preserve a public improvement Public Improvement (not part of construction or renovation). Project Demolition—Only if not part of construction or renovation). 2.2 Contract Documents. The Contract between the parties includes all of the following documents, together with such additional documents listed in Supplementary Conditions SC-3.01.A. Classification of Work Documents (*indicate documents attached;otherwise incorporated by reference) to all Classifications This Contract, addenda*, Proposal / Bid*; Specifications and Drawings (including Written of Work Amendments)* Public Improvement Lake Oswego Public Improvement Contract Provisions (with General or Supplemental Conditions)*;Notice to Proceed;Bonds(if required)[Public Work documents listed below are also included.] Public Work Lake Oswego Public Works Contract Provisions (with General or Supplemental Conditions) (includes Prevailing Rate Of Wage)*; Notice to Proceed; Change Orders and ENGINEER's written interpretations and clarifications issued on or after the Date of Contract; Post Bid documentation submitted prior to the Notice of Award* Service Contract Related to Lake Oswego Standard Public Contract Provisions* Public Improvement Note: Shop Drawing submittals approved pursuant to paragraph 6.17 of the General Conditions and the reports and drawings referred to in paragraph 4.02 of the General Conditions are not Contract Documents, except where specified differently in the Supplementary Conditions. 3. CONTRACT TIMES/ LIQUIDATED DAMAGES 3.1. Dates of Substantial and Final Completion. The Work will be substantially completed on or before the Date of Substantial Completion stated above, and completed and LOTWP—Bonita Pump Station Public Improvement Contract Work Order 209 Page 2 of 4 ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the Date of Final Completion stated above. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Contract and OWNER will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving 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 three thousand dollars per day ($3,000.00 / day) for each day that expires after the time specified for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one thousand five hundred dollars per day ($1,500.00 / day) for each day that expires after the time specified in for completion and readiness for final payment. 4. CONTRACT AMOUNT. No payment shall be due to the Contractor until the Contractor has completed and submitted to the City's Finance Department the IRS Form W-9 Request for Taxpayer Identification and Certification (http://www.irs.gov/pub/irs-pdf/fw9.pdf). OWNER agrees to pay, and CONTRACTOR agrees to accept, in full payment for completion of the Work in accordance with the Contract Documents, the Contract Amount stated above, as defined in 1.01.A.13 of the General Conditions; provided however, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER named above, if applicable, or Owner, as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. LOTWP—Bonita Pump Station Public Improvement Contract Work Order 209 Page 3 of 4 INSERT CONTRACTOR NAME HERE CITY OF LAKE OSWEGO By: Name: Title: Scott Lazenby, City Manager Date: Date: Public Contracting Officer Check one: 380 A Avenue Sole Proprietor Partnership P.O. Box 369 Corporation Lake Oswego, OR 97034 Limited Liability Company Limited Liability Partnership Date Authorized by Council, if applicable: Other: Domicile,if other than Oregon: APPROVED AS TO FORM: Evan P. Boone Deputy City Attorney Ver. 1106 LOTWP—Bonita Pump Station Public Improvement Contract Work Order 209 Page 4 of 4 LAKE OSWEGO PUBLIC IMPROVEMENTS CONTRACT PROVISIONS(01/09) (with General and Supplemental Conditions) The following Public Improvement Contract the tentative list of items to be completed or Provisions are made a part of the Contract between corrected attached to the Certificate of Substantial Owner and Contractor. Completion. 1.3. As provided by ORS 279C.570(7),5%of PROGRESS PAYMENTS. the monthly progress payments due to Contractor shall Except the extent otherwise provided in the be retained by the Owner until final payment is paid at General or Supplemental Conditions,Contractor shall the completion of the Project,unless the Contractor submit Applications for Payment in accordance with complies with ORS 279C.560 and provides required the following: security to reduce the retainage. 1 Progress Payments: Retainage. Owner shall make 2. Final Payment. Upon final completion and monthly progress payments on account of the acceptance of the Work in accordance with paragraph Contract Price on the basis of Contractor's 14.07 of the General Conditions,Owner shall pay the Applications for Payment as recommended by remainder of the Contract Price as recommended by Engineer,during construction as provided in Engineer as provided in said paragraph 14.07. paragraphs 1.1 and 1.2 below. Payment shall be 3. Interest. In accordance with ORS 279C.570,the tendered,when due,in a manner consistent with the rate of interest charged to the Owner on the amount Owner's Finance Department's accounts payable due shall equal three times the discount rate on 90- check run cycle in place at the time payment is due. day commercial paper in effect at the Federal Reserve All such payments will be measured by the schedule Bank in the Federal Reserve district that includes of values established in paragraph 2.07.A of the Oregon on the date that is 30 days after receipt of the General Conditions(and in the case of Unit Price invoice from the contractor or 15 days after the Work based on the number of units completed)or,in payment is approved by the Owner,whichever is the the event there is no schedule of values,as provided earlier date,but the rate of interest shall not exceed in the General Requirements. 30 percent. Payment of interest may be postponed 1.1. Prior to Substantial Completion, when payment on the principal is delayed because of progress payments will be made in an amount equal disagreement between the Owner and the to the percentage indicated below,but,in each case, Contractor. less the aggregate of payments previously made and less such amounts as Engineer shall determine,or CONTRACTOR/SUBCONTRACTOR Owner may withhold,in accordance with paragraph PAYMENT DISPUTES 14.02 of the General Conditions: The Contractor is required to include in 95%of Work completed(with the balance each subcontract for property or services entered being retainage). If Work has been 50%completed as into by the Contractor and a first-tier subcontractor, determined by Engineer,and if the character and including a material supplier,for the purpose of progress of the Work have been satisfactory to performing this construction contract: Owner and Engineer,Owner,on recommendation of 1. A payment clause that obligates the Engineer,may determine that as long as the Contractor to pay the first-tier subcontractor for character and progress of the Work remain satisfactory performance under its subcontract within satisfactory to them,there will be no additional 10 days out of such amounts as are paid to the retainage on account of Work completed,in which Contractor by the public contracting agency under case the remaining progress payments prior to such contract;and Substantial Completion will be in an amount equal to 2. An interest penalty clause that obligates the 100%of the Work completed less the aggregate of Contractor,if payment is not made within 30 days payments previously made;and after receipt of payment from the Owner,to pay to 95%(with the balance being retainage)of the first-tier subcontractor an interest penalty on cost of materials and equipment not incorporated in amounts due in the case of each payment not made the Work(but delivered,suitably stored and in accordance with the payment clause included in accompanied by documentation satisfactory to the subcontract pursuant to paragraph(a)of this Owner as provided in paragraph 14.02 of the General subsection. A contractor or first-tier subcontractor Conditions). shall not be obligated to pay an interest penalty if the 1.2. Upon Substantial Completion,Owner only reason that the contractor or first-tier shall pay an amount sufficient to increase total subcontractor did not make payment when payment payments to Contractor to 100%of the work was due is that the contractor or first-tier completed,less such amounts as Engineer shall subcontractor did not receive payment from the determine,or Owner may withhold,in accordance Owner or contractor when payment was due.The with paragraph 14.02.B.5 of the General Conditions interest penalty shall be: and less 100%of Engineer's estimate of the value of a. For the period beginning on the the Work to be completed or corrected as shown on day after the required payment date and ending on LOTWP—Bonita Pump Station Contract Provisions Work Order 209 Page 1 of 3 LAKE OSWEGO PUBLIC IMPROVEMENTS CONTRACT PROVISIONS (01/09) (with General and Supplemental Conditions) the date on which payment of the amount is due 3. If the contractor or a first-tier subcontractor made;and fails,neglects or refuses to make payment to a person b. Computed at the rate specified in furnishing labor or materials within 30 days after 279C.570(2). receipt of payment from the Owner or a contractor, The Contractor is further required to the contractor or first-tier subcontractor shall owe include in each of its subcontracts,for the purpose of the person the amount due plus interest charges performance of such contract condition,a provision commencing at the end of the 10-day period that requiring the first-tier subcontractor to include a payment is due under ORS 279C.580(4)and ending payment clause and an interest penalty clause upon final payment,unless payment is subject to a conforming to the standards of this section and good faith dispute as defined in ORS 279C.580.The require each of its subcontractors to include such rate of interest charged to the contractor or first-tier clauses in their subcontracts with each lower-tier subcontractor on the amount due shall equal three subcontractor or supplier. times the discount rate on 90-day commercial paper The Contractor shall not request payment in effect at the Federal Reserve Bank in the Federal of any amount withheld or retained in accordance Reserve district that includes Oregon on the date that with ORS 279C.560(6)until such time as the is 30 days after the date when payment was received Contractor has determined and certified to the from the Owner or from the contractor,but the rate Owner that the subcontractor is entitled to the of interest shall not exceed 30 percent.The amount payment of such amount. of interest may A dispute between the Contractor and a not be waived. first-tier subcontractor relating to the amount or 4. If requested in writing by a first-tier entitlement of a subcontractor to a payment or a late subcontractor,the contractor,within 10 calendar payment interest penalty under a clause included in days after receiving the request,shall send to the the subcontract pursuant to subsection(4)or(5)of first-tier subcontractor a copy of that portion of any ORS 279C.580 does not constitute a dispute to which invoice,request for payment submitted to the public the Owner is a party. The Owner shall not be contracting agency or pay document provided by the included as a party in any administrative or judicial public contracting agency to the contractor proceeding involving such a dispute. specifically related to any labor or materials supplied by the first-tier subcontractor. PAYMENT OF LABORERS AND 5. This contract and every contract related to DRUG TESTING PROGRAM this contract shall contain a clause or condition that, 1. The Contractor shall,to the extent as may if the contractor or a subcontractor fails,neglects or be required by Oregon law: refuses to make payment to a person furnishing labor a. Make payment promptly,as due, or materials in connection with the this contract,the to all persons supplying to such Contractor labor or person may file a complaint with the Construction material for the prosecution of the work provided for Contractors Board,unless payment is subject to a this contract; good faith dispute as defined in ORS 279C.580. b. Workers shall be paid not less 6. The payment of a claim in this manner shall than the applicable state or federal prevailing wage not relieve the Contractor or the Contractor's surety, rate,whichever is higher. ORS 279C.830(1)(c);OAR if any,from obligation with respect to any unpaid 839-025-0020(3) claims. c. Pay all contributions or amounts due the Industrial Accident Fund by the Contractor or PAYMENT FOR MEDICAL CARE AND PROVIDING subcontractors,if permitted,incurred in the WORKERS'COMPENSATION. performance of this contract; The Contractor shall promptly,as due,make d. Not permit any lien or claim to be payment to any person,co-partnership,association filed or prosecuted against the Owner on account of or corporation,furnishing medical,surgical and any labor or material furnished;and hospital care or other needed care and attention, e. Pay to the Department of incident to sickness or injury,to the employees of Revenue all sums withheld from employees pursuant such Contractor,of all sums which the Contractor to ORS 316.167. agrees to pay for such services and all moneys and f. Demonstrate that an employee sums which the Contractor collected or deducted drug testing program is in place during the term of from the wages of employees pursuant to any law, this Contract. contract or agreement for the purpose of providing or 2. If the Contractor fails to pay for labor and paying for such service. ORS 279C.530;OAR 839-025- services,the Owner may pay for them and withhold 0020(2)(d). these amounts from payments to the Contractor. The Contractor,its subcontractors,if any, ORS 279C.515;OAR 839-025-0020(2)(a). and all employers working under this contract,are LOTWP—Bonita Pump Station Contract Provisions Work Order 209 Page 2 of 3 LAKE OSWEGO PUBLIC IMPROVEMENTS CONTRACT PROVISIONS (01/09) (with General and Supplemental Conditions) subject employers under the Oregon Workers' applicable to the Work to be done under this Compensation Law and shall comply with ORS Contract. 656.017,which requires them to provide workers' The Contractor shall comply with all compensation coverage for all their subject workers. applicable federal,state,and local laws,rules,and regulations on nondiscrimination in employment HOURS OF LABOR because of race,color,ancestry,national origin, For those employees of Contractor that are religion,sex,marital status,age,medical condition,or covered or subject to Oregon employment laws,no disability. person shall be employed for more than ten hours in any one day,or 40 hours in any one week,except in RECYCLING DEMOLITION MATERIALS cases of necessity,emergency or where the Owner If this Contract calls for demolition work, absolutely requires it,and in such cases,the laborer the Contractor shall salvage or recycle construction shall be paid at least time and a half pay: and demolition debris,if feasible and cost-effective. 1. for all overtime in excess of eight hours a day or 40 hours in any one week when the work week LANDSCAPE MAINTENANCE is five consecutive days,Monday through Friday;or If this contract is for lawn and landscape,the 2. for all overtime in excess of ten hours a day contractor shall compost or mulch yard waste or 40 hours in any one week when the work week is material at an approved site,if feasible and cost- four consecutive days,Monday through Friday;or effective. 3. for work performed on Saturday and on any legal holidays specified in ORS 279C.540. For those employees of Contractor that are covered or subject to Oregon employment laws, Ver.09 Contractor must,pursuant to ORS 279C.520(1)(b), give notice to employees who perform work on this Contract,either at the time of hire or before commencement of work on the contract,or by posting a notice in a location frequented by employees,of the number of hours per day and days per week that the employees may be required to work. TIME LIMITATION ON CLAIM FOR OVERTIME To the extent any of Contractor's employees are covered by the Oregon employment laws,such covered worker employed by the Contractor shall be foreclosed from the right to collect for any overtime under this contract unless a claim for payment is filed with the Contractor within 90 days from the completion of the contract, providing the Contractor has: 1. Caused a circular clearly printed in blackface pica 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,and 2. Maintained such circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. COMPLIANCE WITH LAWS The provisions of ORS 279C.570 and ORS 279C.600-279C.620 for public contracting are incorporated by this reference as though fully set forth herein. In addition,the Contractor shall comply with all Federal,State and local laws and ordinances LOTWP—Bonita Pump Station Contract Provisions Work Order 209 Page 3 of 3 LAKE OSWEGO PUBLIC WORKS CONTRACT PROVISIONS (11/07) (with General and Supplemental Conditions) The following Public Works Contract Provisions are made a 5. The Contractor and every subcontractor shall file part of the Contract between Owner and Contractor. certified statements with the Owner in writing in form prescribed by the Commissioner of the Bureau of Labor RELATIONSHIP WITH PUBLIC IMPROVEMENT CONTRACT and Industries,certifying the hourly rate of wage paid each PROVISIONS worker which the Contractor or the subcontractor has If the Contract also contains Lake Oswego Public employed upon such public work, and further certifying Improvement Contract Provisions,in the event these that no worker employed upon such public work has been Public Works Contract Provisions address the same matter paid less than the prevailing rate of wage or less than the as the Lake Oswego Public Improvement Contract minimum hourly rate of wage specified in the Contract, Provisions,the Lake Oswego Public Improvement Contract which certificate and statement shall be verified by the Provisions shall control. oath of the Contractor or the Contractor's surety or subcontractor or subcontractor's surety that the PUBLIC WORKS BONDS FOR CONTRACTS$100,000 OR Contractor or subcontractor has read such statement and ABOVE certificate and knows the contents thereof and that the If the original Contract Amount is$100,000 or same is true to the Contractor or subcontractor's greater,or if the Contract Amount is amended to a knowledge. The certified statements shall set out Contract Amount$100,000 or greater,and unless accurately and completely the payroll records for the prior otherwise exempt under ORS 279C.836(4),(7)—(9),the week including the name and address of each worker,the Contractor shall file a public works bond with the Oregon worker's correct classification, rate of pay, daily and Construction Contractors Board before starting or weekly number of hours worked, deductions made and continuing work on the project. Further,the Contractor actual wages paid. The certified statement shall be shall then include in every subcontract a provision delivered or mailed by the Contractor or subcontractor to requiring the subcontractor to have a public works bond the Owner within the time required by ORS 279C.845 and filed with the Oregon Construction Contractors Board OAR 839-016-0010. If Contractor fails to file the certified before starting work,or if the Contract Amount is statement, the OWNER shall, pursuant to Oregon law, amended to$100,000 or above,before continuing work shall withhold 25% of amounts owed to contractors, in on the project. ORS 279C.830(3)(a,b) addition to any retainage withholding. Contractor shall, similarly, withhold 25% of amounts owed to PREVAILING RATE OF WAGE subcontractors if the subcontractor fails to file the 1. The hourly rate of wage to be paid by any certified statement. contractor or subcontractor to workers upon all public 6. The Contractor or subcontractor shall preserve works where the Project Amount price exceeds $50,000 the certified statements for a period of three years from shall be not less than the prevailing rate of wage for an the date of completion of the contract. hour's work in the same trade or occupation in the locality where such labor is performed as determined by the Commissioner of the Bureau of Labor and Industries, unless the project is subject to both the Oregon Prevailing Wage Law and the federal Davis-Bacon Act,in which event the payment to the worker shall be the higher of the state or federal rates. See applicable state rates: http://www.boli.state.or.us/BOLI/WHD/PWR/pwr book.s html; and projects that are also subject to federal prevailing wage laws,see www.wdol.gov/for federal wage rates. 2. Any contract between Contractor and a subcontractor shall contain a provision that shall require the Subcontractor to pay workers not less than the higher applicable specified minimum hourly rate of wage. 3. The Contractor and subcontractor(s),if any,shall keep the prevailing wage rates for this project posted in a conspicuous and accessible place in or about the project. 4. If the Contractor or subcontractor also provides for or contributes to a health and welfare plan or a pension plan, or both, for its employees on the project, it shall post notice describing such plans in a conspicuous and accessible place in or about the project. The notice shall contain information on how and where to make claims and where to obtain further information. Page 1—Lake Oswego Public Works Contract Provisions PERFORMANCE BOND Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Address of Principal Place of Business): OWNER(Name and Address): City of Lake Oswego Lake Oswego Tigard Water Partnership PO Box 369 Lake Oswego, OR 97034 CONTRACT Date: Amount: Description (Name and Location): The project, known as Work Order No. 209, Bonita Pump Station for the City of Lake Oswego includes, but is not limited to,all labor, materials, and necessary equipment and appurtenances for constructing a new Bonita Pump Station, located in City of Tigard, Oregon.The pump station includes fiver barrel mounted vertical turbine pumps with firm capacity of 16 mgd,with space for ultimate capacity of 20 mgd; equipped with adjustable frequency drives, pump control valves,surge control and bypass valves, isolation valves, all housed in a cement mortar block structures with structural joist roof system,skylights, mechanical, electrical and pump room. The station is backed up by a generator located in the yard along with ancillary, piping and meter vaults and yard piping, electrical duct banks and transformers, heating,ventilation and conditioning equipment associated with the pump station. Landscaping and wetland protection requirements and permits are associated with this project. Full SCADA and telemetry is required to communicate control for this pump station. The WORK is located in private and (delete) public lands and in public rights-of-way,all within the City of Tigard. BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title LOTWP—Bonita Pump Station Performance Bond Work Order 209 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind 4.3. Obtain bids or negotiated proposals from themselves, their heirs, executors, administrators, qualified contractors acceptable to Owner for a successors, and assigns to Owner for the performance of contract for performance and completion of the the Contract,which is incorporated herein by reference. Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected 2. If Contractor performs the Contract, Surety and with Owner's concurrence, to be secured with Contractor have no obligation under this Bond, except to performance and payment bonds executed by a participate in conferences as provided in Paragraph 3.1. qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of 3. If there is no Owner Default, Surety's obligation under damages as described in Paragraph 6 in excess of this Bond shall arise after: the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that 4.4. Waive its right to perform and complete, arrange Owner is considering declaring a Contractor for completion, or obtain a new contractor and Default and has requested and attempted to with reasonable promptness under the arrange a conference with Contractor and Surety circumstances: to be held not later than 15 days after receipt of such notice to discuss methods of performing the 1.After investigation, determine the amount for Contract. If Owner, Contractor and Surety agree, which it may be liable to Owner and, as soon as Contractor shall be allowed a reasonable time to practicable after the amount is determined, perform the Contract, but such an agreement tender payment therefor to Owner;or shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.Deny liability in whole or in part and notify Owner citing reasons therefor. 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to 5. If Surety does not proceed as provided in Paragraph 4 complete the Contract. Such Contractor Default with reasonable promptness, Surety shall be deemed to shall not be declared earlier than 20 days after be in default on this Bond 15 days after receipt of an Contractor and Surety have received notice as additional written notice from Owner to Surety provided in Paragraph 3.1; and demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy 3.3. Owner has agreed to pay the Balance of the available to Owner. If Surety proceeds as provided in Contract Price to: Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in 1. Surety in accordance with the terms of the part, without further notice Owner shall be entitled to Contract; enforce any remedy available to Owner. 2.Another contractor selected pursuant to 6. After Owner has terminated Contractor's right to Paragraph 4.3 to perform the Contract. complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities 4. When Owner has satisfied the conditions of Paragraph of Surety to Owner shall not be greater than those of 3, Surety shall promptly and at Surety's expense take one Contractor under the Contract, and the responsibilities of of the following actions: Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, 4.1. Arrange for Contractor, with consent of Owner, to but subject to commitment by Owner of the Balance of perform and complete the Contract; or the Contract Price to mitigation of costs and damages on the Contract,Surety is obligated without duplication for: 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent 6.1. The responsibilities of Contractor for correction of contractors; or defective Work and completion of the Contract; LOTWP—Bonita Pump Station Performance Bond Work Order 209 Page 2 of 3 6.2. Additional legal, design professional, and delay 11. When this Bond has been furnished to comply with a costs resulting from Contractor's Default, and statutory requirement in the location where the Contract resulting from the actions or failure to act of was to be performed, any provision in this Bond Surety under Paragraph 4; and conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to 6.3. Liquidated damages, or if no liquidated damages such statutory requirement shall be deemed incorporated are specified in the Contract, actual damages herein. The intent is that this Bond shall be construed as caused by delayed performance or non- a statutory bond and not as a common law bond. performance of Contractor. 12. Definitions. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the 12.1 Balance of the Contract Price: The total amount Contract, and the Balance of the Contract Price shall not payable by Owner to Contractor under the be reduced or set off on account of any such unrelated Contract after all proper adjustments have been obligations. No right of action shall accrue on this Bond to made, including allowance to Contractor of any any person or entity other than Owner or its heirs, amounts received or to be received by Owner in executors,administrators, or successors. settlement of insurance or other Claims for damages to which Contractor is entitled, reduced 8. Surety hereby waives notice of any change, including by all valid and proper payments made to or on changes of time, to Contract or to related subcontracts, behalf of Contractor under the Contract. purchase orders,and other obligations. 12.2.Contract: The agreement between Owner and 9. Any proceeding, legal or equitable, under this Bond Contractor identified on the signature page, may be instituted in any court of competent jurisdiction in including all Contract Documents and changes the location in which the Work or part of the Work is thereto. located and shall be instituted within two years after Contractor Default or within two years after Contractor 12.3.Contractor Default: Failure of Contractor, which ceased working or within two years after Surety refuses or has neither been remedied nor waived, to fails to perform its obligations under this Bond,whichever perform or otherwise to comply with the terms of occurs first. If the provisions of this paragraph are void or the Contract. prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the 12.4.Owner Default: Failure of Owner, which has suit shall be applicable. neither been remedied nor waived, to pay Contractor as required by the Contract or to 10. Notice to Surety, Owner, or Contractor shall be perform and complete or comply with the other mailed or delivered to the address shown on the terms thereof. signature page. FOR INFORMATION ONLY—Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) EJCDC No.C-610(2002 Edition) Contracts/2002/Pe rforma nce_Bond_2002.d oc LOTWP—Bonita Pump Station Performance Bond Work Order 209 Page 3 of 3 PAYMENT BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Address of Principal Place of Business): OWNER(Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: LOTWP—Bonita Pump Station Payment Bond Work Order 209 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind furnished or supplied,or for whom the labor was themselves, their heirs, executors, administrators, done or performed;and successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use 2.Have either received a rejection in whole or in in the performance of the Contract, which is incorporated part from Contractor, or not received within 30 herein by reference. days of furnishing the above notice any communication from Contractor by which 2. With respect to Owner,this obligation shall be null and Contractor had indicated the claim will be paid void if Contractor: directly or indirectly;and 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants,and 3.Not having been paid within the above 30 days, have sent a written notice to Surety and sent a 2.2. Defends, indemnifies, and holds harmless Owner copy, or notice thereof, to Owner, stating that a from all claims, demands, liens, or suits alleging claim is being made under this Bond and non-payment by Contractor by any person or enclosing a copy of the previous written notice entity who furnished labor, materials, or furnished to Contractor. equipment for use in the performance of the Contract, provided Owner has promptly notified 5. If a notice by a Claimant required by Paragraph 4 is Contractor and Surety (at the addresses described provided by Owner to Contractor or to Surety, that is in Paragraph 12) of any claims, demands, liens, or sufficient compliance. suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, 6. When a Claimant has satisfied the conditions of and provided there is no Owner Default. Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly 6.1. Send an answer to that Claimant, with a copy to or indirectly, for all sums due. Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the 4. Surety shall have no obligation to Claimants under this basis for challenging any amounts that are Bond until: disputed. 4.1. Claimants who are employed by or have a direct 6.2. Pay or arrange for payment of any undisputed contract with Contractor have given notice to amounts. Surety(at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, 7. Surety's total obligation shall not exceed the amount stating that a claim is being made under this Bond of this Bond, and the amount of this Bond shall be and, with substantial accuracy, the amount of the credited for any payments made in good faith by Surety. claim. 8. Amounts owed by Owner to Contractor under the 4.2. Claimants who do not have a direct contract with Contract shall be used for the performance of the Contractor: Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner 1. Have furnished written notice to Contractor and accepting this Bond, they agree that all funds earned by sent a copy, or notice thereof, to Owner, within Contractor in the performance of the Contract are 90 days after having last performed labor or last dedicated to satisfy obligations of Contractor and Surety furnished materials or equipment included in the under this Bond, subject to Owner's priority to use the claim stating, with substantial accuracy, the funds for the completion of the Work. amount of the claim and the name of the party to whom the materials or equipment were 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to LOTWP—Bonita Pump Station Payment Bond Work Order 209 Page 2 of 3 the Contract. Owner shall not be liable for payment of herein. The intent is that this Bond shall be construed as any costs or expenses of any Claimant under this Bond, a statutory Bond and not as a common law bond. and shall have under this Bond no obligations to make 14. Upon request of any person or entity appearing to be payments to, give notices on behalf of, or otherwise have a potential beneficiary of this Bond, Contractor shall obligations to Claimants under this Bond. promptly furnish a copy of this Bond or shall permit a copy to be made. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related 15. DEFINITIONS Subcontracts, purchase orders and other obligations. 15.1. Claimant: An individual or entity having a direct 11. No suit or action shall be commenced by a Claimant contract with Contractor, or with a first-tier under this Bond other than in a court of competent subcontractor of Contractor, to furnish labor, jurisdiction in the location in which the Work or part of materials, or equipment for use in the the Work is located or after the expiration of one year performance of the Contract. The intent of this from the date (1) on which the Claimant gave the notice Bond shall be to include without limitation in the required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on terms "labor, materials or equipment" that part of which the last labor or service was performed by anyone water, gas, power, light, heat, oil, gasoline, or the last materials or equipment were furnished by telephone service, or rental equipment used in the anyone under the Construction Contract, whichever of(1) Contract, architectural and engineering services or (2) first occurs. If the provisions of this paragraph are required for performance of the Work of void or prohibited by law, the minimum period of Contractor and Contractor's Subcontractors, and all limitation available to sureties as a defense in the other items for which a mechanic's lien may be jurisdiction of the suit shall be applicable. asserted in the jurisdiction where the labor, materials,or equipment were furnished. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the 15.2. Contract: The agreement between Owner and signature page. Actual receipt of notice by Surety, Owner, Contractor identified on the signature page, or Contractor, however accomplished, shall be sufficient including all Contract Documents and changes compliance as of the date received at the address shown thereto. on the signature page. 15.3. Owner Default: Failure of Owner, which has 13. When this Bond has been furnished to comply with a neither been remedied nor waived, to pay statutory requirement in the location where the Contract Contractor as required by the Contract or to was to be performed, any provision in this Bond perform and complete or comply with the other conflicting with said statutory requirement shall be terms thereof.. deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker: Owner's Representative(engineer or other party): EJCDC No.C-615(2002 Edition Contracts/Payment_Bond_2002.doc LOTWP—Bonita Pump Station Payment Bond Work Order 209 Page 3 of 3 CONDITIONS OF THE CONTRACT 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 6 2.01 Delivery of Bonds and Evidence of Insurance 6 2.02 Copies of Documents 6 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 7 2.07 Initial Acceptance of Schedules 8 Article 3—Contract Documents: Intent,Amending, Reuse 8 3.01 Intent 8 3.02 Reference Standards 8 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 10 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 11 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 Article 5— Bonds and Insurance 16 5.01 Performance, Payment, and Other Bonds 16 5.02 Licensed Sureties and Insurers 17 5.03 Certificates of Insurance 17 5.04 Contractor's Insurance 17 5.05 Owner's Liability Insurance 19 5.06 Property Insurance 19 5.07 Waiver of Rights 21 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 TOC i 5.08 Receipt and Application of Insurance Proceeds 21 5.09 Acceptance of Bonds and Insurance; Option to Replace 22 5.10 Partial Utilization,Acknowledgment of Property Insurer 22 Article 6-Contractor's Responsibilities 22 6.01 Supervision and Superintendence 22 6.02 Labor; Working Hours 23 6.03 Services, Materials, and Equipment 23 6.04 Progress Schedule 23 6.05 Substitutes and "Or-Equals" 24 6.06 Concerning Subcontractors, Suppliers, and Others 26 6.07 Patent Fees and Royalties 28 6.08 Permits 28 6.09 Laws and Regulations 28 6.10 Taxes 29 6.11 Use of Site and Other Areas 29 6.12 Record Documents 30 6.13 Safety and Protection 30 6.14 Safety Representative 31 6.15 Hazard Communication Programs 31 6.16 Emergencies 31 6.17 Shop Drawings and Samples 32 6.18 Continuing the Work 33 6.19 Contractor's General Warranty and Guarantee 34 6.20 Indemnification 34 6.21 Delegation of Professional Design Services 35 Article 7-Other Work at the Site 36 7.01 Related Work at Site 36 7.02 Coordination 37 7.03 Legal Relationships 37 Article 8-Owner's Responsibilities 37 8.01 Communications to Contractor 37 8.02 Replacement of Engineer 37 8.03 Furnish Data 37 8.04 Pay When Due 37 8.05 Lands and Easements; Reports and Tests 38 8.06 Insurance 38 8.07 Change Orders 38 8.08 Inspections,Tests, and Approvals 38 8.09 Limitations on Owner's Responsibilities 38 8.10 Undisclosed Hazardous Environmental Condition 38 8.11 Evidence of Financial Arrangements 38 8.12 Compliance with Safety Program 38 LOTWP- Bonita Pump Station Standard General Conditions Work Order 209 TOC ii Article 9-Engineer's Status During Construction 39 9.01 Owner's Representative 39 9.02 Visits to Site 39 9.03 Project Representative 39 9.04 Authorized Variations in Work 39 9.05 Rejecting Defective Work 40 9.06 Shop Drawings, Change Orders and Payments 40 9.07 Determinations for Unit Price Work 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 40 9.09 Limitations on Engineer's Authority and Responsibilities 41 9.10 Compliance with Safety Program 41 Article 10-Changes in the Work; Claims 42 10.01 Authorized Changes in the Work 42 10.02 Unauthorized Changes in the Work 42 10.03 Execution of Change Orders 42 10.04 Notification to Surety 42 10.05 Claims 43 Article 11-Cost of the Work; Allowances; Unit Price Work 44 11.01 Cost of the Work 44 11.02 Allowances 46 11.03 Unit Price Work 47 Article 12-Change of Contract Price; Change of Contract Times 48 12.01 Change of Contract Price 48 12.02 Change of Contract Times 49 12.03 Delays 49 Article 13-Tests and Inspections; Correction, Removal or Acceptance of Defective Work 50 13.01 Notice of Defects 50 13.02 Access to Work 50 13.03 Tests and Inspections 50 13.04 Uncovering Work 51 13.05 Owner May Stop the Work 51 13.06 Correction or Removal of Defective Work 52 13.07 Correction Period 52 13.08 Acceptance of Defective Work 53 13.09 Owner May Correct Defective Work 53 Article 14- Payments to Contractor and Completion 54 14.01 Schedule of Values 54 14.02 Progress Payments 54 14.03 Contractor's Warranty of Title 57 14.04 Substantial Completion 57 14.05 Partial Utilization 58 LOTWP- Bonita Pump Station Standard General Conditions Work Order 209 TOC iii 14.06 Final Inspection 58 14.07 Final Payment 59 14.08 Final Completion Delayed 60 14.09 Waiver of Claims 60 Article 15—Suspension of Work and Termination 60 15.01 Owner May Suspend Work 60 15.02 Owner May Terminate for Cause 61 15.03 Owner May Terminate For Convenience 62 15.04 Contractor May Stop Work or Terminate 62 Article 16—Dispute Resolution 63 16.01 Methods and Procedures 63 Article 17—Miscellaneous 63 17.01 Giving Notice 63 17.02 Computation of Times 64 17.03 Cumulative Remedies 64 17.04 Survival of Obligations 64 17.05 Controlling Law 64 17.06 Headings 64 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 TOC 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 1 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 2 of 64 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 biphenyls. 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 3 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 4 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 5 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 6 of 64 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 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 7 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 8 of 64 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 (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). LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 9 of 64 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 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 10 of 64 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. 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 11 of 64 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 Docu ments; 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 12 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 13 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 14 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 15 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 16 of 64 signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 17 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 18 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 19 of 64 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 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 20 of 64 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. 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 21 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 22 of 64 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. 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 23 of 64 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. 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: LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 24 of 64 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: 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 25 of 64 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. 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 26 of 64 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 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 27 of 64 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 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 28 of 64 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 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 29 of 64 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. 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 30 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 31 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 32 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 33 of 64 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, 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 34 of 64 employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 35 of 64 D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 36 of 64 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: 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 37 of 64 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 38 of 64 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 39 of 64 binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. 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. 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 40 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 41 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 42 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 43 of 64 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 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 44 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 45 of 64 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. S. 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 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: LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 46 of 64 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 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 47 of 64 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 12.01.8.2, 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 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; LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 48 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 49 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 50 of 64 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, 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, OwneF 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 51 of 64 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. 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. • LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 52 of 64 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 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, LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 53 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 54 of 64 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 progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 55 of 64 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 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; LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 56 of 64 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. 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 57 of 64 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. 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 58 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 59 of 64 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: 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 60 of 64 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); 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 61 of 64 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 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 62 of 64 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 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 LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 63 of 64 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, 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. LOTWP— Bonita Pump Station Standard General Conditions Work Order 209 Page 64 of 64 SUPPLEMENTARY CONDITIONS 1. GENERAL These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract, and other provisions of the Contract Documents as indicated below. All provisions,which are not so amended or supplemented, remain in full force and effect. 2. ARTICLE 1 -DEFINITIONS A. SC-1.01.A.2. For all occurrences of the word "Agreement" throughout the Contract Documents, it shall be understood this word is synonymous with "Public Improvement Contract." B. SC-1.01.A.8. In the first sentence of Paragraph 1.01.A.8, after the phrase, "if any", insert the following: "First-Tier Subcontractor Disclosure Form," C. SC-1.01A.12 In the last sentence of Paragraph 1.01A.12, after the words "Contract Documents", insert the following: ", except for reports of explorations and tests of subsurface conditions as indentified in SC-4.02A.1." D. SC-1.01A.19 Replace Paragraph 1.01A.19 with the following and add new Paragraph definitions A.19.a and A.19.b: "Engineer and Design Engineer — the individuals or entities named as such in the Agreement and/or Supplementary Conditions. A.19.a Engineer — Engineer is Brown and Caldwell, Inc., who is to act as Owner's representative and who assumes duties and responsibilities, and has the rights and authorities assigned to Engineer in the Contract Documents. A.19.b Design Engineer — Design Engineer (Owner's Consultant) is Black & Veatch Corporation who designed the Project and who will assist Owner and Engineer with respect to recommending and preparing Contract Document design changes, reviewing design-related submittals, performing certain special inspections and system checks-out, and in other matters." E. SC-1.01.A.19. Immediately following the last sentence of Paragraph 1.01.A.19 add the following: "In those instances where a registered professional engineer who is also an employee of Owner prepares Contract Documents as defined in Paragraph 1.01.A.12 (exclusive of Contractor's Bid and Bonds) for the purpose of a public improvement, the duties and responsibilities of Engineer will be conferred upon and assumed by Owner." F. SC-1.O1.A.29. For all occurrences of the word "Owner" throughout the Contract Documents,this word shall be understood to mean "City of Lake Oswego." LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 1 of 27 G. SC-1.01.A.42. Renumber Paragraph 1.01.A.42 Specifications to 1.01.A.42.a Specifications and add a new paragraph immediately following Paragraph 1.01.A.42.a Specifications as follows: "1.01.A.42.b. Standard Specifications - Wherever in these Contract Documents reference is made to the Standard Specifications, said reference shall be understood as referring to the American Public Works Association/Oregon Department of Transportation Standard Specifications for Highway Construction 2008, which applicable parts are incorporated herein and made a part of the Contract Documents by such reference. If requirements contained in the Standard Specifications are modified by or are in conflict with supplemental information in these Contract Documents, the requirements of these Contract Documents shall prevail." H. SC-1.01.A.44. In the first sentence of Paragraph 1.01.A.44, following the word "Engineer," insert the following words, "... as evidenced by Engineer's definitive Certificate of Substantial Completion,..." Immediately following Paragraph 1.01.A.51, add the following: "1.01.A.52. Payment Bond - The form of security approved by Owner and furnished by Contractor and Contractor's Surety guaranteeing payment for all labor, materials, services and equipment furnished for use by Contractor in performance of the Contract. 1.01.A.53. Performance Bond - The form of security approved by Owner and furnished by Contractor and Contractor's Surety guaranteeing the complete and faithful performance of all the obligations and conditions placed upon Contractor by the Contract. 1.01.A.54. Bid Bond -The security to be furnished by the Bidder on the form furnished as a guaranty of good faith to enter into a contract for the WORK contemplated if it be awarded to Bidder. 1.01.A.55. Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. Rain,wind,flood or other natural phenomenon of intensity less than that recorded for the locality of the WORK shall not be construed as an Act of God and no reparation shall be made to Contractor for damage to the WORK resulting therefrom." 3. ARTICLE 2 - PRELIMINARY MATTERS A. SC-2.01.B. In the first sentence of Paragraph 2.01.B, after the phrase "any additional insured may reasonably request", add "including copies of underlying insurance policies". B. SC-2.02.A. Delete the first sentence of Paragraph 2.02.A in its entirety and replace with the following sentence: "Contractor shall obtain copies of Project Manual at its cost from Willamette Print and Blueprint." LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 2 of 27 C. SC-2.05. Delete Paragraph 2.05 in its entirety. See Section 01300 - Contractor Submittals and Section 01310 - CPM Construction Schedule of the General Requirements. D. SC-2.07. Delete Paragraph 2.07 in its entirety. See Section 01300 - Contractor Submittals and Section 01310 - CPM Construction Schedule of the General Requirements. 4. ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE A. 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 (Includes documents listed in Section 2.2 of the Public Works/Public Improvement/Service Contract for Public Improvement that are not listed below.) 3. Addenda 1 4. Contractor's Bid (Bid Form) 5. Supplementary Conditions 6. General Conditions 7. Specifications—Division 01 8. Specifications—Divisions 2-17 9. Geotechnical Data Report(s) 10. Drawings specifically applicable to the Project 11. Standard or General Plans 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." B. SC-3.01.B. In the second sentence of Paragraph 3.01.B, after the phrase "services, materials," insert "permits, licenses,". LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 3 of 27 C. 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 of the General Requirements)" D. SC-3.05 In Paragraph 3.05, replace all uses of the word "Engineer" with the words "Design Engineer". 5. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS A. SC-4.01.B. Delete Paragraph 4.01.B in its entirety. B. SC-4.02.A.1. After the last sentence of Paragraph 4.02.A.1, add the following: "In the preparation of the Contract Documents, Design Engineer relied upon the following reports of explorations and tests of subsurface conditions at the Site: 1. Geotechnical Investigation Bonita Pump Station SW Milton Court,Tigard, Oregon, Report 5262 B, pgs 1-31. 2. Geotechnical Data Report Bonita Pump Station SW Milton Court,Tigard, Oregon, Report 5262 B, pgs 1-26. C. SC-4.02.A.2. After the last sentence of Paragraph 4.02.A.2, add the following: "In the preparation of the Contract, Design Engineer relied upon the following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the Site: 1. LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 4 of 27 D. SC-4.02.B. In the first sentence of Paragraph 4.02.B, insert the word "reasonably" between the words "may" and "rely" and after the words "Contract Documents", insert the following: ", except for reports of explorations and tests of subsurface conditions as identified in SC-4.02.A.1." E. SC-4.02.B. Delete the second sentence of Paragraph 4.02.B. F. SC-4.02.B.After the first sentence of Paragraph 4.02.B, insert the following sentence: "Geotechnical boring and rock core samples are available for examination and may be viewed upon request to the Engineer with a minimum 24-hour notice." G. SC-4.04.A. In Paragraph 4.04.A, after the word "Engineer" insert the words "or Design Engineer" and in Paragraph 4.04.A.1, after the word "Engineer" insert the words "and Design Engineer". H. SC-4.04.B.2. After the last sentence of Paragraph 4.04.B.2, add the following sentence: "However, Owner, Engineer, and Engineer's consultants shall not be liable to Contractor for any claims, costs, losses or damages incurred or sustained by Contractor on or in connection with any other project or anticipated project." SC-4.06.G. In the first sentence of Paragraph 4.06.G, after the word "subcontractor," insert the words "Design Engineer". 6. ARTICLE 5-BONDS AND INSURANCE A. SC-5.01.A. In paragraph 5.01.A, delete the second sentence, and insert the following: "The payment bond 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. The performance bond shall remain in effect for two years 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." B. SC-5.01.B. Immediately after the first sentence, insert the following new sentence: "Underwriters of required Bonds and Insurance shall possess the following minimum A.M. Best's Ratings or higher: Financial Strength Rating(FSR)—A- Financial Size Category(FSC)—X" LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 5 of 27 C. Delete Paragraph 5.03.B in its entirety. D. SC-5.03.A. Immediately after Paragraph A, insert the following: "Additional insureds to be named by endorsement on Contractor's Commercial General Liability Policy and all other Contractor-furnished policies of insurance (except Workers Compensation), are as follows: a. Owner and its respective officers, directors, members, employees, agents, consultants,and subcontractors; b. City of Tigard, Oregon (Attn: Dennis Koellermeier, 13125 SW Hall Blvd. Tigard, OR 97223) and its respective officers, directors, members, employees, agents, consultants,and subcontractors; c. Brown and Caldwell, Inc. (6500 SW Macadam Ave., Portland, OR 97239) and its respective officers, directors, members, employees, agents, consultants, and subcontractors; d. Black & Veatch Corporation (5885 Meadows Road, Suite 700, Lake Oswego, OR 97035) and its respective officers, directors, members, employees, agents, consultants,and subcontractors." Additional Insured coverage under Contractor's Commercial General Liability, Pollution Liability, and Excess Liability Policy(ies) for Owner, Engineer, and others listed in the Supplementary Conditions will be provided by endorsement as additional insureds. Additional insured coverage shall be for both on-going operations via ISO Form CG 2010 or its equivalent, and products and completed operations via ISO Form CG 2037 or its equivalent. Coverage shall be Primary and Non-Contributory. Waiver of Subrogation endorsement via ISO form CG 2404 or its equivalent shall be provided." E. SC-5.03.C. In Paragraph 5.03.C. after the occurrences of the word "Owner", insert the words "or additional insureds". F. SC-5.03.E. In Paragraph 5.03.E. after the word "Owner", insert the words "and Engineer". G. After Paragraph 5.03.E insert the following new paragraphs: "SC-5.03.F a. Evidence of Insurance. The evidences of insurance shall be certified by a properly authorized officer,agent,or qualified representative of the insurer,and shall certify the names of the insured, the type and amount of insurance, the location and operations to which the insurance applies, and the expiration date. Contractor shall also provide certificates of insurance and copies of the policy endorsements that provide for (1) additional insureds and (2) waiver of subrogation in favor of the City of Lake Oswego. The evidences shall include the agreement of the insurer to endeavor to give notice to LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 6 of 27 I Owner or Contractor at least 30 calendar days prior to the effective date of cancellation. Contractor shall provide Owner with an updated certificate of insurance six (6) months after the date of the original certificate and every six (6) months thereafter until Contractor is no longer required to carry insurance for the Project. b. Deductibles. Contractor shall deliver to Owner evidence of policy deductibles for all policies of liability and property insurance provided under this contract. c. Cancellation of Insurance. Contractor shall deliver to Owner policies of insurance and the receipts for payment of premiums thereon. Should Contractor neglect to obtain and maintain in force such insurance, and deliver such policy or policies and receipts to Owner, then it shall be lawful for Owner to obtain and maintain such insurance. Contractor hereby appoints Owner his true and lawful attorney, to do the things necessary for this purpose. Money expended by Owner under the provisions of this paragraph for insurance premiums shall be charged to Contractor. Failure of Owner to obtain such insurance shall in no way relieve Contractor of his responsibilities under this contract. H. SC-5.04.A. After Paragraph 5.04.A.6 insert the following new paragraph: "7. claims for damages because of environmental pollution." I. SC-5.04. Add the following paragraphs immediately after Paragraph 5.04.A: "The limits of liability for the insurance required by Paragraph 5.04. shall not be less than the following amounts: 5.04.A.1. and 5.04.A.2. Workers' Compensation, etc.: 1. State: Statutory 2. Applicable Federal (e.g., USL&H): Statutory a. Longshoreman's Statutory b. Maritime Statutory 3. Employer's Liability $1,000,000 Such insurance shall contain a waiver of subrogation endorsement in favor of the City of Lake Oswego. 5.04.A.3, 5.04.A.4, and 5.04.A.5.. Comprehensive General Liability (including Contractual Liability, Premises — Operations; Independent Contractors' Protective; Products Liability—Completed Operations, Broad Form Property Damage): 1. General Aggregate (Except Products--Completed Operations) $2,000,000 2. Products--Completed Operations Aggregate $2,000,000 LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 7 of 27 3. Personal and Advertising Injury(Per Person/Organization) $1,000,000 4. Each Occurrence (Bodily Injury and Property Damage) $1,000,000 5. Property Damage Liability Insurance will Provide Coverage for Explosion, Collapse, and Underground Damage. 5.04.A.6. Automobile Liability: 1. Bodily Injury a. Each Person $1,000,000 b. Each Accident $1,000,000 2. Property Damage a. Each Accident $1,000,000 b. or a combined single limit of $1,000,000 After Paragraph 5.04.A.6 insert the following new Paragraphs: 5.04.A.7. Pollution Liability $4,000,000 5.04.A.9. Excess or Umbrella Liability $5,000,000 Excess liability/umbrella coverage shall extend over all above coverage requirements as underlying policies, except for Pollution Liability. J. SC-5.04.B.6.b. In Paragraph 5.04.B.6.b. delete the words "one year" and replace with the words"two years". K. SC-5.04.B. After Paragraph 5.04.B.6 insert the following new paragraph: "7. all insurance shall provide for separation of interests and cross liability shall not be excluded." L. SC-5.06.A. Delete the first sentence of Paragraph 5.06.A in its entirety and insert the following in its place: "Contractor 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 these Supplementary Conditions or required by Laws and Regulations)." SC-5.06.A.1 In Paragraph 5.06.A.1,delete occurrences of the words"Engineer." M. SC-5.06.B. Delete Paragraph 5.06.B in its entirety. N. SC-5.06.E. Delete Paragraph 5.06.E in its entirety. O. SC-5.08.A. Delete Paragraph 5.08.A in its entirety and insert the following in its place: LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 8 of 27 "Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Contractor and made payable to Contractor as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Contractor 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 or Written Amendment." P. SC-5.08.B. Delete Paragraph 5.08.B. in its entirety and insert the following in its place: "Contractor 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 Contractor's exercise of this power. If such objection be made, Contractor 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, Contractor as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Contractor as fiduciary shall give bond for the proper performance of such duties." 7. ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES A. SC-6.01.B. Add the following to Paragraph 6.01.B: "The replacement shall also be a competent resident superintendent and shall be subject to approval by the Owner. The Contractor's superintendent shall be present at the Site at all times while WORK is in progress and shall be available by phone for emergencies 24 hours per day, 7 days per week. If at anytime the superintendent leaves the Project Site while WORK is in progress, Engineer shall be notified and provided with the name of the Contractor's representative having responsible charge." B. SC-6.02.B. In the second sentence of Paragraph 6.02.B delete the word: "Saturday" C. SC-6.03.Add the following new paragraphs immediately after Paragraph 6.03.C: "D. Where the Contract Documents require that materials or equipment be provided or that WORK be performed, and detailed specifications of such materials, equipment or WORK are not set forth in the Contract Documents, Contractor shall perform the WORK using materials and equipment of the best grade in quality and workmanship obtainable in the market, from firms of established good reputation, and shall follow the best accepted standard practices in the performance of the WORK. LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 9 of 27 E. If inspection and testing of materials or equipment in the vicinity of the WORK by Owner is not practicable, the specifications may require that such inspection and testing or witnessing of tests take place at the point of manufacture. In this case and in the event that remote inspection and testing is not specified and is requested by Owner,the required travel,subsistence,and labor expenses shall be paid by Owner. If Contractor requests Owner to inspect and test material or equipment at the point of manufacture, then the additional cost to Owner for travel, subsistence, and labor expenses shall be paid by Contractor." D. SC-6.05.E. In Paragraph 6.05.E, after each use of the word "Engineer's" insert the words "and Design Engineer's" ; in the second sentence after the second use of the word "Engineer" insert the words "and Design Engineer"; and in the last sentence after the word "Engineer" insert the words"and Design Engineer". E. SC-6.06.C. Add the following new paragraph immediately after Paragraph 6.06.C.2: "3. Owner, Engineer, or Resident Project Representative may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of WORK performed for Contractor by a particular Subcontractor or Supplier." F. SC-6.06.G. Add the following new paragraph immediately after Paragraph 6.06.G: "1. Contractor will grant Owner right to review agreements between Contractor and any and all Subcontractors or Suppliers prior to execution to ensure compliance with Paragraph 6.06.G." G. SC-6.07.C.After the last sentence in Paragraph 6.07.C., add the following: "Before final payment is made on the account of this Contract, Contractor shall, if requested by Owner, furnish acceptable proof of a proper release from all such fees or royalties." H. SC-6.08.A.After the last sentence of Paragraph 6.08.A., add the following: "Owner-obtained permits and responsibility for permitting fees are listed in Section 01020- Permits and Easements of the General Requirements." I. SC-6.09.C. In the first sentence of Paragraph 6.09.C. replace the word "known" with the word "knowable". J. SC-6.12.A. In the last sentence of Paragraph 6.12.A, delete the words, "these record documents" and replace with the words "record Drawings"; and insert the words "annotated (marked-up to reflect field changes, if any) final" before the words "Shop Drawings". LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 10 of 27 K. SC-6.14.A. Add to the end of Paragraph 6.14.A.the following: : "Contractor shall designate a qualified and experienced "competent person" at the site whose duties and responsibilities shall include, enforcement of State of Oregon — Occupational Safety and Health Division regulations regarding excavations, the prevention of accidents, and the maintenance and supervision of construction site health and safety precautions and programs." L. SC-6.17. Delete Paragraph 6.17 in its entirety. See Section 01300-Contractor Submittals of the General Requirements. M. SC-6.20.A. Append to the last line of Paragraph 6.20.A the following: "regardless of whether liability is imposed upon such indemnified party by Law and Regulations, excepting any claim, cost, loss or damage caused in whole by the negligence of the indemnified party." After the last line of Paragraph 6.20.A, add the following: "These indemnification provisions shall continue in effect for two years after Contractor completes the final part of the WORK." Add the following new paragraph after 6.20.A.: "SC-6.20.A.1. Contractor shall defend, with counsel reasonably acceptable to the City of Lake Oswego, reimburse, indemnify and hold harmless the City of Lake Oswego with regard to any administrative action, fine or penalty in any way arising from Contractor's performance of the WORK." N. SC-6.20.C. Add the following new paragraph immediately after Paragraph 6.20.C: "D. Plan or method of work suggested by Owner or Engineer to Contractor but not specified or required, if adopted or followed by Contractor in whole or in part,shall be used at the risk and responsibility of Contractor. Owner and Engineer assume no responsibility thereof and in no way will be held liable for any defects in the WORK which may result from or be caused by use of such plan or method of work." O. SC-6.21.B. Add the following to Paragraph 6.12.B: "The design professional shall be registered in the State of Oregon." P. 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-Contractor Submittals". 8. ARTICLE 7—OTHER WORK AT THE SITE B. SC-7.03.B Delete paragraph 7.03.B in its entirety. 9. ARTICLE 8—OWNER'S RESPONSIBILITIES LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 11 of 27 A. SC-8.02.A. In Paragraph 8.02.A, delete the words "to whom Contractor makes no reasonable objection,". 10. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION A. SC-9.03.A. Delete the last sentence in Paragraph 9.03.A and add the following: "Owner has delegated its authority to Resident Project Representative to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and WORK performed and as to the manner of performance and rate of progress of the WORK under the Contract Documents. The responsibilities, authority and limitations thereon of the Resident Project Representative assistants and other field staff, are set forth herein. Resident Project Representative's decisions are subject to review by Owner, and the responsibilities, authority, and limitations of Resident Project Representative are limited to those of Engineer in Paragraph 9.09 and as set forth elsewhere in the Contract Documents and are further limited and described below. " B. SC-9.03.A. Add the following new paragraph after Paragraph 9.03.A: "B. Responsibilities and Authority: 1. Schedules: Review and monitor the progress schedule, schedule of Submittals 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: (a) Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents; (b) assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's operations; (c) assist in obtaining from Owner additional details or information when required for proper execution of the WORK. 4. Submittals: Receive any Submittals that are furnished directly at the site by Contractor. Advise Engineer and Contractor of the commencement of any WORK, when recognized, requiring a Shop Drawing or Sample if the Submittal has not been approved. 5. Review of Work. Rejection of defective WORK, Inspections and Tests: (a) 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; (b) inform Engineer and Contractor whenever Resident Project Representative believes that any WORK is unsatisfactory, faulty or defective, or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test, or LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 12 of 27 approval required to be made; (c) advise Engineer whenever Resident Project Representative believes that any WORK will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or whenever Resident Project Representative believes WORK should be uncovered for observation in accordance with Paragraph 13.04, or whenever Resident Project Representative believes WORK requires special testing, inspection,or approval in accordance with Paragraph 13.03; (d) monitor 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; (e) and observe, record and report to Engineer appropriate details relative to the test procedures and startups; and (f) accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. 6. Records: (a) 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 and written clarifications and interpretations, progress reports, and other Project related documents; (b) keep a diary or log book recording pertinent Site conditions,activities, decisions and events. 7. Reports: (a) Furnish Engineer periodic reports of progress of the WORK and of Contractor's compliance with the Progress Schedule and schedule of Submittals submissions; (b) consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the WORK; and (c) assist in drafting proposed Change Orders, Work Change Directives, and Field Orders, obtain backup material from Contractor as appropriate. 8. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and in accordance with Article 14 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. 9. Certificates, Maintenance and Operation Manuals, Record Documents, and Site Records: During the course of the WORK, monitor that 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. LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 13 of 27 10. Substantial Completion: (a)Conduct an inspection in the company of Engineer, Owner, and Contractor and prepare a list of items to be completed or corrected; (b) submit to Engineer a list of observed items requiring completion or correction, all in accordance with Paragraph 14.04. 11. Completion: (a) Conduct final inspection in the company of Engineer, Owner and Contractor; and (b) notify Contractor and Engineer in writing of all particulars in which this inspection reveals that the WORK is incomplete or defective; and (c) observe that all items on any final completion list have been completed, corrected, or accepted by Owner and make recommendations to Engineer concerning acceptance,all in accordance with Paragraph 14.06. C. SC-9.06.A. In Paragraph 9.06.A delete the phrase "Paragraph 6.17" and replace with "Section 01300—Contractor Submittals". D. SC-9.09.E. At the end of Paragraph 9.09.E. add the following: "In addition, Resident Project Representative will not: (a) have authority to authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized in writing by Engineer; or (b) undertake any of the responsibilities of Contractor, Subcontractors or Contractor's superintendent; or (c) accept Submittals from anyone other than Contractor; or (d) authorize Owner to occupy the Project in whole or in part; or (e) participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer." E. SC-9.09. Add the following Paragraph after Paragraph 9.09.E: "F. Contractors, Subcontractors, Suppliers and others on the Project, or their sureties, shall maintain no direct action against Engineer, its officers, employees, affiliated corporations, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the Owner will be the beneficiary of any undertaking by Engineer." 11. ARTICLE 10—CHANGES IN THE WORK; CLAIMS A. SC-10.01.A. Add the following paragraphs following Paragraph 10.01.A: "1. When Owner desires a price quotation from Contractor for a proposed change to the Contract, Engineer will issue a Request for Quote describing the proposed changes. Contractor shall respond with a price quote within 15 days of the issuance of the Request for Quote and include itemized breakdowns of the cost and pricing data used to develop the Change Order proposal. 2. Contractor's quotations for Change Orders must be in writing and firm for a period of 30 days. Any compensation paid in conjunction with the terms of a Change Order comprises the total compensation due Contractor for the modification defined in the Change Order. By signing the Change Order, Contractor acknowledges that the stipulated compensation includes payment for the LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 14 of 27 modification plus all payment for the interruption of schedules, extended overhead, delay or any other impact claim or ripple effect, and by such signing specifically waives any reservation or claim for additional compensation or claim for Contract time extension in respect to the subject Change Order." B. SC-10.06 Add the following paragraph to ARTICLE 10 — CHANGES IN THE WORK; CLAIMS: "10.06 Cost Reduction Incentive A. The Contractor may submit cost reduction proposals to the Engineer for modifying the plans,specifications, or other requirements of this Contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair the essential functions or characteristics of the project, including, but not limited to, service life, economy of operation, ease of maintenance, desired appearance,or safety standards. B. Cost reduction proposals shall contain the following information: i. A description of both the existing Contract requirements and the proposed changes. ii. An itemization of the change in Contract requirements if the cost reduction proposal is adopted. iii. 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. iv. A CPM schedule analysis of the time associated with performing the work under the existing Contract and under the proposed change. v. A statement of the time within which the Engineer must make a decision on the cost reduction proposal C. The Engineer will not be liable to the Contractor for any failure to accept or act upon any cost reduction proposal submitted, nor to any delays to the WORK attributable to any such cost reduction proposal. D. The Contractor shall continue to perform the WORK in accordance with the requirements of the Contract until an executed change order, incorporating the cost reduction proposal has been issued. If an executed change order has not been issued by the date indicated in the Contractor's cost reduction proposal, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal shall be deemed rejected. E. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the Engineer LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 15 of 27 reserves the right to disregard Contract bid prices if, in the judgement of the Engineer, such prices do not represent a fair measure of the value of the work to be performed or deleted. F. The Engineer reserves the right to require the Contractor to share in the Owner's costs of investigating a cost reduction proposal submitted by the Contractor. Where such condition is imposed, the Contractor shall indicate acceptance in writing, and such acceptance shall constitute full authority for the Engineer to deduct amounts payable to the Contractor from any monies due the Contractor under the Contract. G. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a Contract change order. The change order shall specifically state that it is executed pursuant to this section. Such change order will incorporate the changes in the Contract Documents which are necessary to implement the cost reduction proposal, and shall include any conditions upon which the Engineer's approval is based. The change order shall set forth the estimated net savings in the cost of performing the work attributable to the cost reduction proposal, and shall further provide that the Contract cost be adjusted by crediting the Owner with 50% of the net cost savings. The amount specified to accrue to the Contractor in the change order for a cost reduction proposal shall constitute full compensation to the Contractor for all work associated with the cost reduction proposal. H. Acceptance of the cost reduction proposal and performance of the work thereunder shall not extend the time of the Contract unless specifically provided for in the Contract change order incorporating the cost reduction proposal. I. The Owner expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Owner when it determines that the cost reduction proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation , and only to those contracts awarded to the Contractor prior to submission of the accepted cost reduction proposal. Cost reduction proposal similar or identical to previously submitted proposal will be eligible for consideration and compensation if the previously submitted cost proposal was not adopted for general application. The Owner or any other public agency shall have the right to use all or any part of a cost reduction proposal without obligation or compensation of any kind to the Contractor. J. The Contractor shall bear all costs to revise all bonds for the project to include the cost reduction incentive proposal work." 12. ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK A. SC-11.01.A.1. Delete all but the first sentence of Paragraph 11.01.A.1 and add the following after the first sentence: "Payroll costs shall be determined in accordance with Section 00197.30 of the Oregon Standard Specifications for Construction. Percentage markups described in Standard Specifications Section 00197.80 shall not apply to this contract." LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 16 of 27 B. SC 11.01.A.2. Delete the last two sentences of this paragraph and replace with the following: "Materials costs shall be determined in accordance with Section 00197.10 of the Oregon Standard Specifications for Construction. Percentage markups described in Standard Specifications Section 00197.80 shall not apply to this contract." C. 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. D. SC-11.01.A.5.c. At the end of Paragraph 11.01.A.5.c, add the following: "Equipment rental costs shall be determined in accordance with Section 00197.20 of the Oregon Standard Specifications for Construction. However, payment for equipment use shall be 90 percent of the referenced 'Blue Book' rental rates for CONTRACTOR- owned equipment. Percentage markups described in Standard Specifications Section 00197.80 shall not apply to this contract." E. SC-11.01.B.5. In Paragraph 11.01.B.5 insert the words ",including lost opportunity costs" between the words"kind" and "and" in the first line. F. 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." G. SC-11.01.E. After Paragraph 11.01.D insert the following new paragraph: "E. Owner's Right to Audit: Contractor grants Owner the right to audit Contractor's records, including original estimate files, change order estimate files, and detailed worksheets; Subcontractor and Supplier proposal for both successful and unsuccessful Subcontractors and Suppliers; all project-related correspondence; Subcontractor and Supplier change order files including detailed documentation covering negotiated settlements; records detailing cash, trade,or volume discounts earned; insurance proceeds, rebates, or dividends received; payroll and job classifications for Contractor and Subcontractors and Suppliers; and equipment rates and costs for Contract-owned and rental equipment. 1. Contractor grants Owner the right to audit any records necessary to permit evaluation and verification of: a. Contractor's compliance with Contract requirements. LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 17 of 27 b. Contractor's compliance with provisions for pricing Change Orders, payments, or Claims submitted by the Contractor or any Subcontractors or Suppliers. 2. Contractor grants Owner the right to audit any other supporting evidence necessary to substantiate charges related to the Contract. 3. Owner's right to audit includes any and all subcontractors, insurance agents, material suppliers, or any other business entity providing goods and services to the Contractor and Contractor shall cause all subcontracts with Subcontractors to contain right to audit obligations in favor of Owner. 4. Contractor shall provide Owner with copies of audited records in electronic format as well as hard copy. 5. Contractor's records as well as the records of applicable subcontractors and suppliers shall be subject to audit throughout the term of this Contract and for a period of three years after Final Acceptance." H. SC-11.03.D.1. Delete Paragraph 11.03.D.1. in its entirety and insert the following in its place: "1. If the total cost of a particular item of Unit Price Work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement; and" 11. ARTICLE 12 -CHANGE OF CONTRACT PRICE,CHANGE OF CONTRACT TIMES A. SC-12.01.B.2. In the first sentence of Paragraph 12.01.B.2 after the phrase "overhead and profit"; delete the words "not necessarily". B. SC-12.O1.C.2.c. In the last line of Paragraph 12.01.C.2.c. after the word "Subcontractor"; insert the following: "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." C. SC-12.01.C.2.e. Delete the phrase "equal to 5% of such net decrease; and" in Paragraph 12.01.C.2.e and replace with the following: "equivalent to the aggregate sum total fee charged by Contractor and any lower tier Subcontractor who would have performed the WORK had the change resulted in a net increase in cost; and." LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 18 of 27 D. SC-12.01.D.After Paragraph 12.01.C. add the following new paragraph: "D. Change Order Deductions: Owner reserves the right to decrease or increase adjustments made in any Change Order if the audit discloses Contractor provided false or inaccurate cost and pricing data in negotiating the Change Order. In enforcing this provision,the parties shall follow the following procedures: 1. Contractor will be exempted from this clause by meeting one of the following conditions: a. the pricing is based on adequate competition; b. prices are set by Law; c. a commercial item is being acquired;or d. a waiver by Owner has been granted. 2. A reduction in the Change Order shall be issued if one of the following applies: a. Contractor's submitted Change Order pricing was incomplete, inaccurate, or not current, including Subcontractor-submitting pricing; or b. any party furnished any data that was not accurate. 3. If a reduction is required, Contractor may not raise the following as a defense: a. Contractor or Subcontractor was a sole source supplier or otherwise in a superior bargaining position and thus would not have modified the Change Order even if accurate pricing had been submitted; b. Owner should have known the pricing was inaccurate; or c. the Contract was based on a total cost and no agreement was made regarding the cost of individual items. 4. The reduction may be offset if Contractor certifies that it is entitled to the offset, and Contractor can prove that the reduced price was not available before the date of the Change Order. 5. If any reduction is for work already paid to Contractor, Contractor shall be liable to and shall pay to Owner the full amount of the reduction plus the following: a. simple interest on the amount of the repayment computed from the date of the overpayment to the date of repayment at a rate of the current applicable federal short-term rate; and LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 19 of 27 b. a penalty as liquidated damages equal to the amount of the overpayment, if Contractor knowingly submitted incorrect data." E. 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." F. SC-12.03.A.After the last sentence of Paragraph 12.03.A. add the following: "Whenever Contractor foresees any delay in the prosecution of the WORK, and, in any event, immediately upon the occurrence of any delay which Contractor regards as unavoidable, Contractor shall notify Engineer in writing of the probability of the occurrence of such delays, its probable duration and its cause. Contractor shall not make a Claim for delays that are not called to the attention of Engineer at the time of their occurrence. If Contractor is granted an equitable adjustment in Contract Times, neither charges for inspection nor administration nor damages for delay will be assessed against Contractor." G. SC-12.03.B. Add to the end of the last sentence of Paragraph 12.03.B the following: "and Engineer's determination that the delay was unavoidable. For the purposes of this paragraph unavoidable delays do not include: 1. All delays that could have been avoided by the exercise of care, prudence,foresight and diligence on the part of Contractor or Contractor's Subcontractors or Suppliers; 2. Delays that do not necessarily prevent or delay the prosecution of other parts of the WORK or the completion of the whole WORK within the time specified; 3. Reasonable delays resulting from time required by Owner and Engineer for approval of any required preliminary schedules submitted by Contractor and for the making of surveys, measurements and inspections; 4. Delays arising from interruptions occurring in the prosecution of the WORK on account of the reasonable interference from other contractors employed by Owner which do not necessarily prevent the completion of the whole WORK within the Contract times; 5. Delays caused by shortages of materials unless Contractor has made reasonable and timely attempts to secure the material and provides to Owner evidence of such attempts; 6. Delays arising from increased cost of performance or changed business or economic downturn or any event that prevents Contractor or any Subcontractor or Supplier from making a payment when due. LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 20 of 27 If either party is delayed or rendered wholly or partially unable to perform any of its obligations under the Contract Documents because of an unavoidable delay, such party will be excused from whatever performance is affected by the unavoidable delay, but only for the duration so affected; provided that (a) the affected party gives others prompt notice of the unavoidable delay as soon as reasonably practicable, setting forth the particulars of the occurrence, an estimation of its expected duration, and probable impact on the performance of such party's obligations hereunder; (b) the suspension of performance will be of no greater scope and no longer duration than is reasonably required by the unavoidable delay; (c) the nonperforming party will use reasonable efforts to continue to perform its obligations and take all reasonable measures to minimize the effect of the unavoidable delay; and (d) the affected party will provide documentation of the impacts of the unavoidable delay to the other party. Notwithstanding anything herein to the contrary, the period of excuse of performance due to the unavoidable delay may not exceed the number of business Days the affected party was delayed in the performance of its obligations solely due to the unavoidable delay,which delay could not be reasonably avoided by the affected party." H. SC-12.03.C. Add the following after the first sentence of Paragraph 12.03.C: "Contract Times may be extended because of delays in the completion of the WORK due to abnormal weather conditions provided that the Contractor shall, within 10 days of the beginning of such delay, notify Engineer in writing of the cause of the delay and request an extension of time. Such requests 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. After the last sentence of paragraph 12.03.E,add the following: "Contractor shall compensate Owner, in exchange for granting an extension of time for an avoidable delay, the actual costs to Owner of engineering, inspection, general supervision and overhead expenses which are directly chargeable to the WORK and that accrue during the period of such extension. However, in no case shall actual costs per day exceed the amount specified for liquidated damages. Owner may deduct such damages from any amount due or that may become due Contractor, as an offset against such costs. Costs do not include charges for final inspection and preparation of the final estimate by Owner." 12. ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK A. SC-13.03.D. After the last sentence in Paragraph 13.03.D.,add the following: "Contractor shall reimburse Owner for additional costs incurred by Owner for: 1. Re-inspection or witnessing retesting of corrected or replaced defective WORK;and LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 21 of 27 2. Return visits to manufacturing facilities to witness factory testing or retesting." SC-13.03.D. Add the following 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 statues. In the event state license of certification is not required, testing laboratories or agencies shall meet following applicable requirements: 1. "Recommended Requirements for Independent Laboratory Qualification," published by the American Council of Independent Laboratories. 2. Basic requirements of ASTM E329, "Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction"as applicable. 3. Calibrate testing equipment at reasonable intervals by devices of accuracy traceable to either the National Bureau of Standards or accepted values of natural physical constants. Prior to requesting a certificate of Substantial Completion, and allowing occupancy of facilities, Contractor shall provide an inspection by a state industrial safety representative, an independent safety inspector certified by the state, or a federal or state (OSHA) representative qualified in the construction type being inspected, to determine that the facilities provided are in compliance with the state and federal safety requirements. Signed copies of the inspection reports shall be submitted to the Engineer for Owner's files. Violations or deficiencies noted therein shall be resolved prior to occupancy of the facilities and before final payment will be made." C. SC-13.07.A. In the first sentence of Paragraph 13.07.A., replace the phrase "within one year"with the phrase "within two years". D. SC-13.07.D. In Paragraph 13.07.D., replace the words "one year" with the words "two years". 13. ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION A. 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." B. SC-14.02.Add the following paragraphs after Paragraph 14.02.D: "E. Qualification for Partial Payment for Materials Delivered LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 22 of 27 1. Nonpayment for Rejected or Unused Products. Payment will not be made for following: a. Loading, hauling, and disposing of rejected material. b. Quantities of material wasted or disposed of in manner not called for under Contract Documents. c. Rejected loads of material, including material rejected after it has been placed by reason of failure of Contractor to conform to provisions of Contract Documents. d. Material not unloaded from transporting vehicle. e. Material remaining on hand after completion of WORK not required by the Contract Documents. 2. Partial Payment for Stored Materials and Equipment. a. Partial Payment: No partial payments will be made for materials and equipment delivered or stored unless Submittals are acceptable to Engineer. Partial payment will not be made without prior arrangement with and approval by Engineer. 1) Stored or Stockpiled Conditions. The materials and equipment have been delivered and/or acceptably stored or stockpiled according to the Specifications and stored at the Site, on Owner-owned property or designated permanent or temporary construction easements, or on property in the State of Oregon on which the property owner has authorized storage in writing. The written authorization must allow the Owner to enter upon the property and remove materials and equipment for at least six months after completion of the Project. Contractor shall furnish a copy of the written permission to the Owner. To be eligible for advance allowance, the materials and equipment must meet Specification requirements, be in a form ready for incorporation into the WORK, and be clearly marked and identified as being specifically fabricated, or produced, and reserved for use on the Project. 2) Responsibility for Protection. Contractor has full control and responsibility for the protection of materials and equipment on hand from the elements and against damage, loss, theft, or other impairment until the entire Project has been completed and accepted by Owner. If materials and equipment are damaged, lost, stolen, or otherwise impaired while stored, the monetary value advanced for them, if any, will be deducted from the next progress payment. LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 23 of 27 b. Final Payment: Will be made only for materials and equipment incorporated in WORK; remaining materials and equipment, for which partial payments have been made, shall revert to Contractor unless otherwise agreed, and partial payments made for those items will be deducted from (the cost less market value)final payment. B. SC-14.04.D. Delete the last sentence of Paragraph 14.04.D. D. SC-14.08.A. In the first sentence of Paragraph 14.08.A., after the phrase "significantly delayed" insert the phrase"for a period of more than 60 consecutive days". 14. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION A. SC-15.03.A.1. In the first sentence of Paragraph 15.03.A.1., delete the phrase "including fair and reasonable sums for overhead and profit on such WORK" and insert the following in its place: "including the same percentages for overhead and profit on such WORK applicable under Section 12.01.C." B. SC-15.03.A.2. In the first sentence of Paragraph 15.03.A.2., delete the phrase "plus fair and reasonable sums for overhead and profit on such expenses" and insert the following in its place: "plus the same percentages for overhead and profit on such WORK applicable under Section 12.01.C." C. SC-15.03.A.3. In the first sentence of Paragraph 15.03.A.3, replace the phrase "incurred" with "reasonably incurred". D. SC-15.03.B. Before the beginning of the first sentence of Paragraph 15.03.B, insert the phrase, "Notwithstanding anything to the contrary set forth above". 15. ARTICLE 16—DISPUTE RESOLUTION A. SC-16.01. Delete Paragraph 16.01 in its entirety and insert the following in its place: "SC-16.01. Meet to Confer and Negotiate. A. 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 days after receipt of written notice of Engineer's action or decision unless, within that time period, Owner or Contractor gives to the other party written notice of intent to submit the Claim to a process of bilateral negotiations as set forth below. B. Within 30 days of the delivery of such notice, Owner and Contractor shall meet and confer regarding the Claim. A good-faith effort to negotiate resolution shall be made by both parties. LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 24 of 27 C. If the negotiations contemplated by Paragraph SC-16.01.8 are unsuccessful, management representatives of Owner and Contractor at least one tier above the individuals who met under SC-16.01.B shall meet, confer, and negotiate within 30 days of the closure of the unsuccessful negotiations. D. If the Claim is not resolved by negotiation, 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 days after termination of the negotiations unless, within that time period, Owner or Contractor: 1. elects in writing to demand arbitration of the Claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the Claim to another dispute resolution process. B. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01. "SC-16.02 Arbitration A. All Claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof(except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 14.09) including but not limited to those not resolved under the provisions of Paragraph SC-16.01 will be decided by arbitration in accordance with the, subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. The arbitration will include any dispute or Claim that arises out of or which relates to the Contract Documents, or to the interpretation or breach thereof, or to the existence, scope, or validity of this agreement to arbitrate. The arbitration shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a Claim with) the Arbitration Service of Portland, Inc. or the American Arbitration Association, whichever organization is selected by the party who first initiates arbitration by filing a Claim in accordance with the filing rules of the organization selected. Subject to Paragraph C below,the Owner, the Contractor, all Subcontractors, Suppliers, engineers, architects, designers, construction lenders, bonding companies, and all other parties concerned with and involved in the performance of the Contract Documents are bound, each to the other, by this arbitration clause, provided such party has signed the Contract,signs a contract that incorporates the Contract by reference, or signs any other agreement to be bound by this arbitration clause. To the extent allowed by law, this arbitration clause shall not preclude any party from filing a statutory construction lien or from commencing suit to foreclose such lien, but the foreclosures suit shall be stayed until the rendering of the arbitration award,which award shall be binding in such foreclosure LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 25 of 27 suit as to all matters determined in arbitration, and the lien may then be foreclosed to the extent permitted by Law. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC-16.01.C, and in all other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in question 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 Claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation,joinder, or in any other manner any other individual or entity(includ- ing Engineer, and Engineer's consultants and the officers, directors, partners, agents, employees or consultants of any of them)who is not a party to this Contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual 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. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties, in writing, and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. ' E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitration award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. G. In no event shall Owner be liable for anticipated or lost profits or for incidental or consequential damages of any kind. Owner's liability on any Claim of any kind for any loss, damage, or attorney fees arising out of or in connection with or resulting from the Contract Documents or from the performance or breach of its obligations thereunder shall in no event exceed the price allocable to the goods or services or unit thereof which gives rise to such Claim. Any action, suit, or Claim resulting from any breach by Owner for payment for the goods or services furnished hereunder must be commenced within one (1) year after the date of final payment, and notwithstanding any statute of limitations or other right, Contractor shall not bring LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 26 of 27 any action, suit, or Claim against Owner, its officers, employees, customers or agents or against Engineer for any cause of action or Claim related to or in connection with the Contract Documents after one (1) year from such date for payment. Nothing herein shall be deemed to extend or waive any statute of limitation which bars any such action, suit, or Claim prior to one (1) year from the date specified for payment hereunder." 16. ARTICLE 17—MISCELLANEOUS A. SC-17.01 Add the following line after Paragraph 17.01.A.2: "3. Electronic mail shall not be used to give notice." B. SC-17.06. Add the following paragraphs after Paragraph 17.06.: "17.07 Administrative Forms Various administrative forms are required to be used by Contractor during the performance of the WORK including: Daily Force Account forms, as provided by Engineer. Application and Certificate for Payment (Progress Payment Form); AIA Documents G702 and G703;or Owner's 'Paymaster' form complete with estimated quantities and unit prices as established by Contractor's Schedule of Unit Price Bids or approved Schedule of Values and the Application and Certificate for Payment summary form. If this option is selected, Owner will make available to Contractor an electronic version of these forms at the preconstruction conference." 17.08 Contractor Reporting Contractor shall prepare and submit written Daily Construction Reports that summarize the WORK performed in each project area, Contractor and subcontractor workforce employed at the site, weather conditions, equipment used, and the hour that work was started and completed each day, and other information that may be requested by Engineer.The form of the report shall be as approved by Engineer. This report shall not be used to give legal notice." - END OF SECTION - LOTWP—Bonita Pump Station Supplementary Conditions Work Order 209 Page 27 of 27 BUREAU OF LABOR AND INDUSTRIES (BOLI) FORMS BOLT - STATE PREVAILING WAGE RATES On May 15, 2006, the Bureau of Labor and Industries (BOLT), initiated a rule revision that allows public agencies to include a reference to a web address for BOLT wage rates rather than include all the wage rates in paper form in their bid proposals. Wage rates for this project are those published by BOLT effective July 1, 2013. The web address for BOLT is www.boli.state.or.us. BUREAU OF LABOR AND INDUSTRIES PAYROLL/CERTIFIED STATEMENT FORM WH-38 WAGE AND HOUR DIVISION FOR USE IN COMPLYING WITH ORS 279C.845' PRIME CONTRACTOR ❑ SUBCONTRACTOR ❑ PAYROLL NO. Business Name (DBA): Phone: ( ) CCB Registration Number: Project Name: Project Number: Type of Work: Street Address: Project Location: Mailing Address: Project County: Date Pay Period Began: Date Pay Period Ended: THIS SECTION FOR PRIME CONTRACTORS ONLY THIS SECTION FOR SUBCONTRACTORS ONLY Public Contracting Agency Name: Subcontract Amount: Prime Contractor Business Name (DBA): Phone: ( ) Date Contract Specifications First Advertised for Bid: Prime Contractor Phone: ( ) Contract Amount: Prime Contractor's CCB Registration Number: Date You Began Work on the Project: (1) (2) (3)DAY AND DATE (4) (5) (6) (7) (8) (9) (10) (11) HOURLY HOURLY FRINGE FRINGE NAME.ADDRESS AND CLASSIFICATION GROSS ITEMIZED BENEFITS PAID NAME OF BENEFIT EMPLOYEE'S (INCLUDE GROUP# ' TOTAL HOURLY BENEFIT AMOUNT DEDUCTIONS NET WAGES TO BENEFIT PARTY,PLAN, IDENTIFICATION AND APPRENTICESHIP HOURS BASE AMOUNTS EARNED(see FICA,FED, PAID PARTY,PLAN, FUND,OR NUMBER STEP IF APPLICABLE) RATE PAID AS directions) STATE,ETC. FUND,OR PROGRAM WAGES TO HOURS WORKED EACH DAY EMPLOYEE PROGRAM OT ///:/// ST OT /////, •- - ST OT I ST ////, OT ST /././ , OT / .. ST *Although this form has not been officially approved by the U.S. Department of Labor, it is designed to meet the requirements of both the state PWR law and the federal Davis-Bacon Act. WH-38(Rev.11-09) THIS FORM CONTINUED ON REVERSE CERTIFIED STATEMENT Date: In addition to completing sections (1) -(3), if your project is subject to the federal Davis-Bacon Act requirements, complete the following section as well: (NAME OF SIGNATORY PARTY) (TITLE) (4)That: do hereby state: (a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR (1)That I pay or supervise the payment of the persons employed by: PROGRAMS (CONTRACTOR, SUBCONTRACTOR OR SURETY) ❑- In addition to the basic hourly wage rates paid to each laborer or mechanic on the ; that during the payroll period listed in the above referenced payroll, payments of fringe benefits as listed in (BUILDING OR WORK) the contract have been or will be made to appropriate programs for the benefit commencing on the day of , , and ending the day of such employees, except as noted in Section 4(c) below. (MONTH) (YEAR) of , all persons employed on said project have been paid the (b)WHERE FRINGE BENEFITS ARE PAID IN CASH (MONTH) (YEAR) full weekly wages earned, that no rebates have been or will be made either directly or ❑- Each laborer or mechanic listed in the above referenced payroll has been paid, indirectly to or on behalf of said as indicated on the payroll, an amount not less than the sum of the applicable (CONTRACTOR, SUBCONTRACTOR OR SURETY) basic hourly wage rate plus the amount of the required fringe benefits as listed from the full weekly wages earned by any person, and that no deductions have been in the contract, except as noted in Section 4(c) below. made either directly or indirectly from the full wages earned by any person, other than permissible deductions as specified in ORS 652.610, and as defined in Regulations, Part (c) EXCEPTIONS: 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and EXCEPTION (CRAFT) EXPLANATION described below: (2)That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for workers contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each worker conform with work performed. (3)That any apprentices employed in the above period are duly registered in a bona fide REMARKS: apprenticeship program registered with a state apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a state, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. NAME AND TITLE SIGNATURE I HAVE READ THIS CERTIFIED STATEMENT, KNOW THE CONTENTS THEREOF .AND IT IS TRUE TO MY KNOWLEDGE: THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY (NAME AND TITLE) SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. (SIGNATURE AND DATE) FILE THIS FORM WITH THE PUBLIC AGENCY ASSOCIATED WITH THE PROJECT NOTE TO CONTRACTORS: YOU MUST ATTACH COPIES OF THIS FORM TO EACH OF YOUR PAYROLL SUBMISSIONS ON THIS PROJECT. INSTRUCTIONS AND ADDITIONAL FORMS ARE AVAILABLE ON OUR WEBSITE: WWW.OREGON.GOV/BOLI. WH-38(Rev.11-09) !.1, BUREAU OF LABOR AND INDUSTRIES, PREVAILING WAGE RATE UNIT INSTRUCTIONS FOR COMPLETING THE PREVAILING WAGE RATE PAYROLL/CERTIFIED STATEMENT FORM (WH-38) The Payroll/Certified Statement form (WH-38) may be used by contractors for reporting their payroll as required by ORS 279C.845 on public works projects subject to the Prevailing Wage Rate (PWR) Law. Although this form has not been officially approved by the U.S. Department of Labor(US DOL), it is designed to meet the requirements of the federal Davis-Bacon Act. For projects associated with the U.S. Department of Housing and Urban Development (HUD), contact the public agency (owner) associated with the project for assistance with payroll reporting. Contractors are not required to use the WH-38 form in reporting their payroll; however, the contractor must provide all of the information contained in the form, including the certified statement on page two. The certified statement must be signed by the contractor, certifying the accuracy of the information reported on the payroll, including representations pertaining to the provision of fringe benefits to employees by third parties, and must be submitted with each weekly payroll report. Detailed instructions concerning the preparation of the form follow: Complete the top third of the form. Be sure to enter the date the contract was first advertised for bid. If you are not sure of this date, contact the public agency (owner) associated with the project. The "Payroll No." is a US DOL requirement and represents the week number for the reporting period. Column 1 — NAME AND ADDRESS: The employee's full name must be shown on each payroll submitted. The employee's address must also be shown on the first payroll submitted. The address need not be shown on subsequent payrolls submitted unless the address changes. The US DOL requires an employee identification number for each individual employee, on each payroll submitted. This number may be, but does not have to be, the last four digits of the employee's social security number. Column 2 — CLASSIFICATION: For assistance in determining the correct classification, use the Bureau of Labor and Industries' publication"Definitions of Covered Occupations for Public Works Contracts in Oregon." On the WH-38, list the classification that is most descriptive of the work actually performed by the employee. Give the group number for those classifications that include such information. Indicate which workers are apprentices, if any, and give their current percentage, classification, and group number when applicable. If an employee works in more than one classification, use the highest rate for all hours worked, or use separate line entries to show hours worked and hourly rates for each classification. Column 3—DAY AND DATE: Enter the day of the week(M, T, W, Th, F, S, and Sn) in the top row of boxes, and the corresponding date below. HOURS WORKED EACH DAY: Enter the total number of straight time hours worked in the row marked "ST." Generally, hours worked over 8 in a day or work performed on Saturdays, Sundays, and legal holidays should be entered as overtime ("OT") hours worked. Contractors who have adopted and followed a written work schedule of four consecutive ten-hour days (Monday through Thursday or Tuesday through Friday) may enter hours worked over 10 in a day as overtime hours. For more information on overtime requirements, see the Contractor Responsibilities section of the Bureau of Labor and Industries' publication "Prevailing Wage Rate Laws" handbook. Column 4—TOTAL HOURS: Enter separately the total number of straight time and overtime hours worked by the employee (in each classification, if applicable) on the PWR project during the week. The total number of straight time hours worked should be entered in the lower box ("ST"); the total number of overtime hours worked should be entered in the top box ("OT"). Column 5 — HOURLY BASE RATE: Enter the hourly base rate (plus zone pay, if any) and the hourly overtime rate (plus zone pay, if any) paid to the employee in the appropriate straight time and overtime boxes. (Payment of not less than one and one half times the base rate of pay, including zone pay but not including fringe benefits, is required to be paid for overtime hours pursuant to ORS 279C.540). Generally, use the appropriate prevailing wage rates in effect at the time the contract was first advertised for bid by the public agency. If this date is not known, or if the project was not advertised for bid, contact the public agency (owner)associated with the project for assistance with applicable rates. Column 6 — HOURLY FRINGE BENEFIT AMOUNT PAID AS WAGES TO THE EMPLOYEE: Enter hourly fringe benefit amounts paid directly to the employee as wages. (For overtime hours worked, it is not necessary to pay time and one half for the fringe benefit portion of the prevailing wage rate.) Column 7 — GROSS AMOUNT EARNED: Enter the gross amount earned for work on the PWR project during the week. If part of the employee's wages for the pay period were earned on projects other than the project described on the WH-38, or if the employee is paid less often than on a weekly basis, enter in column 7 first the gross amount earned on the PWR project for the week, then the total gross amount earned for the pay period. For example: $567.84/$1,267.27. Column 8—ITEMIZED DEDUCTIONS, FICA, FED, STATE, ETC.: Enter deductions withheld from wages for the pay period. All deductions must be in accordance with the provisions of ORS 652.610 (and as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. Stat. 967, 76 Stat. 357; 40 U.S.0 276c) on projects subject to Davis-Bacon Act). For projects subject to the Davis-Bacon Act, itemize the deductions. Column 9 — NET WAGES PAID: Enter the total amount of net wages actually paid to the employee for the pay period. This figure can be calculated by subtracting the total deductions reported in Column 8 from the gross amount of wages for the pay period reported in the bottom portion of Column 7. Column 10 — HOURLY FRINGE BENEFITS PAID TO BENEFITS PARTY, PLAN, FUND OR PROGRAM: Enter the hourly amount of fringe benefits paid to each individually approved party, plan, fund, or program, for each employee. List these amounts separately on the lines provided. Any contractor who is making payments to approved parties, plans, funds or programs in amounts less than the required hourly fringe benefit is obligated to pay the difference directly to the employee as wages in lieu of fringe benefits, and to show that amount in Column 6 of this form. For information on how to calculate hourly fringe benefit credits, see Appendix A in the Bureau of Labor and Industries' publication "Prevailing Wage Rate Laws" handbook. Column 11 — NAME OF BENEFIT PARTY, PLAN, FUND OR PROGRAM: Enter the name of the party, plan, fund, or program that corresponds to the amount paid as an hourly fringe benefit in Column 10. CALCULATION CHECK In order to determine whether the wages and fringe benefits paid are sufficient to meet prevailing wage rate requirements, the following check may be performed: 1. For each classification listed in column 2, compute the sum of: a) the hourly base rate of pay shown in Column 5, b) the hourly fringe benefit amount paid as wages to employee shown in Column 6, and c) the hourly fringe benefits paid to benefit party, plan, fund or program shown in Column 10. 2. This sum must equal or exceed the total of the hourly base rate (including zone pay)and the hourly fringe benefit rate for that classification as listed in the appropriate issue of the Bureau of Labor and Industries publications Prevailing Wage Rates for Public Works Contracts in Oregon, or in the Prevailing Wage Rates for Public Works Contracts Subject to BOTH the State PWR and Federal Davis-Bacon Act, if applicable. IF YOU HAVE QUESTIONS REGARDING COMPLETION OF THIS FORM, CONTACT THE PREVAILING WAGE RATE UNIT OF THE BUREAU OF LABOR AND INDUSTRIES AT (971)673-0838. NOTE: PAYROLL/CERTIFIED STATEMENTS ARE ONLY REQUIRED TO BE SUBMITTED TO THE PUBLIC AGENCY ASSOCIATED WITH THE PROJECT. CERTIFIED PAYROLL AND OTHER FORMS ARE AVAILABLE ON OUR WEBSITE: WWW.OREGON.GOV/BOLI WH-38A(Rev. 11/09) STATE OF OREGON ,Kty STATUTORY PUBLIC WORKS BOND Surety bond#: CCB#(if applicable): We, ,as principal,and , a corporation qualified and authorized to do business in the State of Oregon, as surety,are held and firmly bound unto the State of Oregon for the use and benefit of the Oregon Bureau of Labor and Industries(BOLI)in the sum of thirty thousand dollars($30,000)lawful money of the United States of America to be paid as provided in ORS chapter 279C,as amended by Oregon Laws 2005,chapter 360,for which payment well and truly to be made,we bind ourselves,our heirs,personal representatives,successors and assigns,jointly and severally,firmly by this agreement. WHEREAS, the above-named principal wishes to be eligible to work on public works project(s) subject to the provisions of ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, and is,therefore, required to obtain and file a statutory public works bond in the penal sum of$30,000 with good and sufficient surety as required pursuant to the provisions of section 2, chapter 360, Oregon Laws 2005,conditioned as herein set forth. NOW, THEREFORE, the conditions of the foregoing obligations are that if said principal with regard to all work done by the principal as a contractor or subcontractor on public works project(s), shall pay all claims ordered by BOLI against the principal to workers performing labor upon public works projects for unpaid wages determined to be due, in accordance with ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360,and OAR Chapter 839,then this obligation shall be void;otherwise to remain in full force and effect. This bond is for the exclusive purpose of payment of wage claims ordered by BOLI to workers performing labor upon public works projects in accordance with ORS chapter 279C,as amended by Oregon Laws 2005,chapter 360. This bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims which may arise hereunder shall in no event exceed the amount of the penalty of this bond. This bond shall become effective on the date it is executed by both the principal and surety and shall continuously remain in effect until depleted by claims paid under ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, unless the surety sooner cancels the bond. This bond may be cancelled by the surety and the surety be relieved of further liability for work performed on contracts entered after cancellation by giving 30 days' written notice to the principal, the Construction Contractors Board,and BOLI. Cancellation shall not limit the responsibility of the surety for the payment of claims ordered by BOLI relating to work performed during the work period of a contract entered into before cancellation of this bond. IN WITNESS WHEREOF,the principal and surety execute this agreement. The surety fully authorizes its representatives in the State of Oregon to enter into this obligation. SIGNED, SEALED AND DATED this day of ,20 Surety by: Principal by: (Seal) Company Name ,Vane Signature Signature • Title(e.g.Attorney-in-Fact) 'Title Address Address City State Lip' Citly State Zip SEND BOND TO: Construction Contractors Board PO Box 14140 Salem,OR 97309-5052 Telephone: (503)378-4621 SECTION 01010-SUMMARY OF WORK PART 1 -- GENERAL 1.1 THE REQUIREMENT A. The WORK to be performed under this Contract shall consist of furnishing plant, tools, equipment, materials, supplies, and manufactured articles, and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be provided by the CONTRACTOR as though originally so indicated, at no increase in cost to the OWNER. B. No attempt has been made in these Specifications or Drawings to segregate work covered by any trade or subcontract under one specification. Such segregation and establishment of subcontract limits will be solely a meter of specific agreement between the CONTRACTOR and its subcontractors and shall not be based upon any inclusion, segregation, or arrangement in or of these Specification or Drawings. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The WORK of this Contract includes but is not limited to the following: Construct a new Bonita Pump Station (BPS), to be located at Southwest Milton Court just north of Bonita Drive in Tigard, Oregon. The pump station includes a concrete slab on grade with cement mortar unit block; with steel roof joists and standing metal seem roof, pump room, electrical room and mechanical room. The design capacity of the pump station is 16 MGD, expandable to 20 MGD with initially five barrel mounted vertical turbine pumps with a barrel flanged off for a future sixth pump. The pumps are powered via variable frequency drives. The pump station is controlled by a local PLC. B. The WORK is located in the City of Tigard, Oregon (See vicinity map in Drawings). 1.3 CONTRACT METHOD A. The WORK hereunder will be constructed under a single lump sum Contract. 1.4 WORK BY OTHERS A. Where two or more contracts, FWP in Bonita Road, are being performed at one time on the same site or adjacent land in such manner that work under one contract may interfere with work under another, the OWNER will determine the sequence and order of the work in either or both contracts. When the site of one contract is the necessary or convenient means of access for performance of work under another, the OWNER may grant privilege of LOTWP—Bonita Pump Station Summary of Work Work Order No. 209 01010-1 90%Submittal access or other reasonable privilege to the contractor so desiring, to the extent, amount, and in manner and at time that the OWNER may determine. No OWNER determination of method or time or sequence or order of the WORK or access privilege shall be the basis for a claim for delay or damage except under provisions of the General Conditions for temporary suspensions of the WORK. The CONTRACTOR shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to allow continued safe access to their respective portions of the Site, as required to perform work under their respective contracts. B. Finished Water Pipeline (FWP) south of the BPS Site in Milton Court; two 24-inch diameter 1 discharge pipelines and one 30-inch diameter suction water pipeline will be constructed beyond the BPS Site property line as part of this Contract. The sequence of this contractor's work will be coordinated with FWP WORK in Bonita Road; it is intended that the FWP pipelines, interconnecting the BPS to the Tigard Water System, will be constructed and ready for the planned BPS commissioning period. Generator provided by PGE. Portland General Electric will supply a stand-by Generator for the BPS. The CONTRACTOR must schedule and coordinate this work. 1. Power service equipment to be furnished and installed by CONTRACTOR shall include, but is not limited to the following: a. Conduit from existing Utility Vault to on-site utility transformer b. Conduit for Internet connection from street to Pump Station Electrical Room c. All site power conduit, circuits, pull boxes, vaults, pads, etc d. Generator, pad, fuel storage, access platform, etc. 2. Power service equipment to be furnished and installed by the Utility (PGE) shall include, but is not limited to, the following: a. On-site Utility Transformer b. EUSERC Utility Service Metering c. Utility Remote Meter Base C. Interference With Work On Utilities: The CONTRACTOR shall cooperate fully with all utility forces of the OWNER or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the WORK, and shall schedule the WORK so as to minimize interference with said relocation, altering, or other rearranging of facilities. D. OWNER-Furnished Equipment and Services: See Section 13500-Instrumentation and Control System, Subpart 1-1, for OWNER-furnished Supervisory Control and Data Acquisition (SCADA) System equipment and services. LOTWP—Bonita Pump Station Summary of Work Work Order No. 209 01010-2 90%Submittal 1.5 WORK SEQUENCE A. See Section 01015 — Schedule and Sequence Constraints for specific schedule and construction constraints and work sequence requirements. 1.6 CONTRACTOR USE OF SITE A. The CONTRACTOR use of the Site shall be limited to its construction operations, including on-site storage of materials, and on-site fabrication facilities. The limits of construction staging and the WORK area are shown on the Drawings inside the sediment fence area. All construction equipment, temporary facilities, staging, materials handling and storage, shall be confined to the limits indicated on the Drawings. CONTRACTOR shall secure all additional staging area as required to perform the WORK at no additional cost to the OWNER. PART 2 -- PRODUCTS - NOT USED PART 3 -- EXECUTION - NOT USED - END OF SECTION - LOTWP— Bonita Pump Station Summary of Work Work Order No. 209 01010-3 90% Submittal SECTION 01015 - SCHEDULE AND CONSTRUCTION CONSTRAINTS PART 1 -- GENERAL 1.1 THE REQUIREMENT A. WORK shall be scheduled, sequenced, and performed in a manner which minimizes disruption to the public and the operation and maintenance of existing facilities. B. The CONTRACTOR shall incorporate the construction and schedule constraints of this Section in preparing the construction schedules required under Section 01310 — CPM Construction Schedule. 1.2 SCHEDULE CONSTRAINTS A. General: It is the CONTRACTOR's responsibility to coordinate and plan the construction activities to integrate each schedule constraint into performance of the overall WORK. B. The listing of schedule constraints below does not mean that all constraints or special conditions have been identified. The list does not substitute for the CONTRACTOR's coordination and planning for completion of the WORK within the Contract Times. C. The following constraints affect the construction schedule: 1. Substantial Completion of the new BPS shall be July 30, 2015. 2. The Intertie of two new 24-inch diameter and 30-inch diameter FWP, at the property line of SW Milton Court, shall be completed ahead of Substantial Completion of the BPS. A condition of Substantial Completion shall be pumping from each pump in the new BPS in a loop, suction to discharge to suction. 3. Testing and Disinfection shall be completed prior to Substantial Completion. 4. Startup and Commissioning the BPS shall be completed prior to Substantial Completion. 5. Final Completion of the new BPS shall be September 25, 2015. 6. Record Drawings and Project Closeout shall be completed prior to Final Completion. 1.3 CONSTRUCTION SEQUENCING A. The construction sequence and constraints in this Section do not include all items affecting the completion of the WORK, but are intended to describe the sequence of critical events and associated constraints of the WORK. It shall be understood and agreed by the CONTRACTOR that the critical construction sequencing, scheduling and constraints described are not all inclusive and that additional items of WORK may be required to ensure compliance with the Contract Documents. B. The CONTRACTOR shall be responsible for development of the construction sequencing. When new facilities are operational (as defined in Section 01660 — Testing, Facility Startup and Commissioning and Section 01700 — Project Closeout, and including the Commissioning Period) and accepted by the ENGINEER, the existing facilities (Bonita PS) may be taken out of service upon approval by the ENGINEER. LOTWP— Bonita Pump Station Schedule and Construction Constraints Work Order 209 01015-1 90%Submittal 1.4 PERMITS AND EASEMENTS A. Section 01020 — Permits and Easements includes additional schedule and construction constraints and requirements. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP— Bonita Pump Station Schedule and Construction Constraints Work Order 209 01015-2 90%Submittal SECTION 01020- PERMITS AND EASEMENTS PART 1--GENERAL 1.1 DESCRIPTION A. This Section includes the requirements for the applicable permits and easements as designated in the Contract Documents. B. WORK shall be performed in accordance with all requirements set forth in the permits, agreements, and easements. C. Permits and easements secured by OWNER are listed and included at the end of Division 1: Appendices A & B, respectively. Refer to these documents for specific limits and requirements for the permits and easements. D. Additional permits and easements, as required, will be incorporated into the Contract Documents as they are secured. 1. If, after the Bid submittal date, the OWNER obtains any Permits or Easements which require changes to the WORK and thereby causes an increase or decrease in the cost of, or the time required for the performance of the WORK, the CONTRACTOR shall submit information sufficient for the ENGINEER to determine the extent of the effects on the cost and/or schedule. If the ENGINEER agrees the cost and/or schedule will be affected by such changes, such effects will be handled in accordance with the General Conditions. The ENGINEER will provide the CONTRACTOR with a copy of any such Permits or Easements. E. In general, OWNER will secure permits and easements necessary for construction of WORK as shown, unless otherwise noted herein. CONTRACTOR shall obtain all permits, registrations, certifications, etc. not otherwise listed in subsection 1.2 herein and provided in Division 1, Appendix A, which are necessary to legally perform work in City of Tigard. Other than the OWNER-obtained permits and easements listed herein, all fees and charges imposed by utility companies, public or private agencies, or regulatory agencies, are the responsibility of CONTRACTOR, including any and all tests, materials, equipment, and labor necessary for compliance with permits. 1.2 PERMITS A. CONTRACTOR shall keep fully informed of all local ordinances, as well as state and federal laws, which in any manner affect the WORK specified herein. At all times comply with said ordinances, laws, and regulations, and protect and indemnify OWNER, ENGINEER, and their officers and agents against any claim or liability arising from or based on the violation of such laws, ordinances, or regulations. CONTRACTOR shall secure all permits, licenses, and inspections necessary for prosecution and completion of the WORK, unless otherwise specified. LOTWP—Bonita Pump Station Permits and Easements WORK Order 209 01020- 1 90%Submittal B. Permits: 1. OWNER will provide the following permits for this WORK and pay all necessary fees unless otherwise noted. CONTRACTOR is assigned responsibility for compliance with all permit conditions: a. United States Army Corp or Engineers, Nationwide Permit for Utility Lines (NWP 12) and Temporary Dewatering (NWP 33). b. NPDES 1200-C General Permit for Stormwater Discharge Associated with Construction Activity (1200-C Permit) including the Erosion and Sediment Control Plan (ESCP). c. Site Demolition Permits, for City of Tigard. d. Erosion Control Permit for City of Tigard. e. Building Permit for City of Tigard. 2. CONTRACTOR shall obtain all other permits and pay all associated fees, including but not limited to, the following: a. Services: Arrange and pay for all other utilities used for the construction activities, including all applicable permit applications and fees. Arrange and pay for temporary water meter hook-up and payment for water used during the course of the Project at construction site location. Obtain a hydrant use permit and comply with any local water utility requirements. i. For temporary construction water, the CONTRACTOR may connect to an existing fire hydrant adjacent to the Project Site.The City of Tigard will provide a backflow prevention and water meter assembly for the CONTRACTOR's installation. ii. The CONTRACTOR shall pay the City of Tigard for the costs of temporary construction water usage in accordance with the City of Tigard Temporary Construction Water Rate Schedule. The 2012 Rate Schedule is$650.00 deposit, $50.00/month flat fee and $5.97/100 cubic feet usage. b. The OWNER currently holds title to the 1200-C PERMIT for the Project, and will transfer title of the 1200-C PERMIT to the CONTRACTOR. If desired, the CONTRACTOR may prepare addenda to the ESCP (Action Plans) for review and approval by the OWNER and ODEQ in accordance with the 1200-C PERMIT and as outlined in Section 01561 — Stormwater Pollution Prevention, Water Quality and Environmental Controls. c. Discharge Permits from applicable jurisdiction for discharges from construction activities, including, but not limited to, DEQ Section 401/Water Quality permit for discharges to public water. LOTWP—Bonita Pump Station Permits and Easements WORK Order 209 01020-2 90%Submittal d. Erosion Prevention and Sediment Control Permit (including Site Grading and Demolition, as required) for City of Tigard. e. Public Facilities Improvement Permit. f. Noise Variance Permit (including Site Grading and Demolition, as required) for City of Tigard. 3. Provide three copies of all final executed permits to ENGINEER prior to commencing with WORK authorized under the permit. 1.3 EASEMENTS A. No easements are required. Property is Owned by City of Tigard. PART 2 -- PRODUCTS(NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP— Bonita Pump Station Permits and Easements WORK Order 209 01020- 3 90%Submittal SECTION 01025 - MEASUREMENT AND PAYMENT PART 1 -- GENERAL 1.1 GENERAL A. Measurement and payment for all WORK shown or specified herein will be made on a unit or lump sum price basis in accordance with the prices set forth in the Bid for individual items of WORK. CONTRACTOR shall make a careful assessment when preparing the Bid. B. The items listed below refer to and are the same pay items listed in the Bid. They constitute all of the pay items for the completion of the WORK. No direct or separate payment will be made for providing miscellaneous temporary or accessory services or all other items not specifically named in specific bid item descriptions and needed for the prosecution of the WORK, and all other requirements of the Contract Documents. Compensation for all such services, things and materials shall be included in the prices stipulated for the lump sum and unit price pay items listed herein C. The prices stated in the Bid include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the WORK as shown on the Drawings and specified herein. The basis of payment for an item at the lump sum or unit price shown in the Bid shall be in accordance with the description of that item in this Section. D. Items listed as ALLOWANCES or CONTINGENT PRICE ITEMS in the Bid are to be used and will be paid for only at the written direction and authorization of the ENGINEER, if agreed to by the OWNER. Payment under this Section will be made for materials furnished, placed and installed in addition to those shown or beyond the limits indicated or reasonably inferred from the Contract Documents. All materials furnished and installed shall be in accordance with these Specifications. Measurements and payment will be in accordance with the Contract Documents or the terms of the written authorization for the additional WORK and will include but not necessarily be limited to, the furnishing, hauling, placing and installing of materials and the furnishing of such manpower and equipment as required to accomplish the WORK as directed in writing by the ENGINEER. 1.2 ALTERATIONS A. The OWNER reserves the right to change the alignment, grade, form, length, dimensions or materials of the WORK under the Contract, whenever any conditions or obstructions are met that render such changes desirable or necessary. All such alterations shall be paid for under the total lump sum bid or at a unit price bid for these items of WORK, except as follows: 1. In case such alterations make the WORK less expensive to the CONTRACTOR, a proper deduction shall be made from the Contract Prices and the CONTRACTOR shall have no LOTWP— Bonita Pump Station Measurement and Payment Work Order 209 01025 - 1 90%Submittal claim on this account for damages or for anticipated profits on the WORK that may be dispensed with. 2. In case such alterations make the WORK more expensive, a proper addition shall be made to the Contract Prices. 3. Any such deduction or addition shall be determined by the ENGINEER in accordance with the General Conditions. 1.3 SUBMITTALS A. CONTRACTOR shall submit the following Informational Submittals in conformance with the General Conditions of the Contract: 1. Schedule of Values: Section 01305—Schedule of Values. 2. Schedule of Estimated Progress Payments: Section 01305—Schedule of Values a. Submit with initially acceptable Schedule of Values. b. Submit adjustments thereto with Applications for Payment. 3. Applications for Payment. 4. Final Application for Payment. 1.4 APPLICATION FOR PAYMENT A. Transmittal Summary Form: Attach one Summary Form with detailed Application for Payment and include Request for Payment of Materials and Equipment on Hand as applicable. Execute certification by authorized officer of CONTRACTOR. B. Use detailed Application for Payment Form provided by ENGINEER. C. Include accepted Schedule of Values for each portion of WORK, the unit price breakdown for the WORK to be paid on unit price basis, a listing of OWNER-selected equipment, if applicable, and allowances, as appropriate. D. Preparation: 1. Round values to nearest dollar. 2. List each Change Order executed prior to date of submission as separate line item. Totals to equal those shown on the Transmittal Summary Form as applicable. 3. Submit Application for Payment, including a Transmittal Summary Form and detailed Application for Payment Form(s) for each schedule as applicable, a listing of materials on hand as applicable, and such supporting data as may be requested by ENGINEER. LOTWP—Bonita Pump Station Measurement and Payment Work Order 209 01025 -2 90%Submittal 1.5 PAYMENT A. General: 1. Progress payments will be made monthly. 2. The date for CONTRACTOR's submission of monthly Application for Payment shall be established at the Preconstruction Conference. B. Payment for all the WORK shown or specified in Contract Documents is included in the Contract Price. No measurement or payment will be made for individual items. 1.6 NONPAYMENT FOR REJECTED OR UNUSED PRODUCTS A. Payment will not be made for following: 1. Loading, hauling, and disposing of rejected material. 2. Quantities of material wasted or disposed of in manner not called for under Contract Documents. 3. Rejected loads of material, including material rejected after it has been placed by reason of failure of CONTRACTOR to conform to provisions of Contract Documents. 4. Material not unloaded from transporting vehicle. 5. Defective WORK not accepted by OWNER. 6. Material remaining on hand after completion of WORK. 1.7 PARTIAL PAYMENT FOR STORED MATERIALS AND EQUIPMENT A. Partial Payment: No partial payments will be made for materials and equipment delivered or stored unless Shop Drawings for the material or equipment have been found to be acceptable by the ENGINEER. Value of payments shall be supported by invoices. B. Partial payment for materials and equipment, for which a preliminary Operation and Maintenance Manual, a final Operation and Maintenance Manual, and Manufacturers' Services are specified will be made as follows: 1. No partial payment greater than 85 percent of the schedule of values amount will be made for material and equipment stored or installed unless the preliminary Operation and Maintenance Manual has been submitted and accepted by the ENGINEER. 2. No partial payment greater than 90 percent of the invoiced cost will be made for material and equipment stored or installed unless the final Operation and Maintenance Manual has been submitted and accepted by the ENGINEER. LOTWP— Bonita Pump Station Measurement and Payment Work Order 209 01025 -3 90%Submittal 3. No partial payment greater than 95 percent of the invoiced cost will be made for material and equipment stored or installed unless the Manufacturers' Services have been provided and accepted by the ENGINEER. C. Final Payment: Will be made only for products incorporated in WORK; remaining products, for which partial payments have been made, shall revert to CONTRACTOR unless otherwise agreed, and partial payments made for those items will be deducted from final payment. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP— Bonita Pump Station Measurement and Payment Work Order 209 01025 -4 90% Submittal SECTION 01035-ADMINISTERING CONTRACT CHANGES PART 1--GENERAL 1.1 SCOPE A. This section specifies the procedures that will be used to administer documents that will be used during construction of the Project to provide information or make changes to the WORK. This section only supplements the requirements of the General Conditions. It does not change any of those requirements. Documents that are covered by this section include: 1. Conformed Documents 2. Requests for Information/Clarification 3. Request for Proposal 4. Work Change Directive 5. Field Order 6. CONTRACTOR Requested Change 7. Claim 8. Change Order B. Documents required by this Section will be transmitted by the CONTRACTOR to the ENGINEER electronically using an internet-based project management software package as per Section 01320 — Internet Based Project Management Requirement. Access to and the use of the site will be provided at no cost the CONTRACTOR. Documents will be returned to the CONTRACTOR electronically using the same site. C. All potential changes to the Contract Price or Contract Times will be administered using the Change Control form as described below. 1.2 DESCRIPTION A. Conformed Documents 1. The Contract Drawings and Specifications may be revised by the ENGINEER to reflect the changes made by Addendum during the bid period. This will be considered the Conformed Documents. The OWNER will provide copies of these Conformed Documents to the CONTRACTOR in accordance with Article 2 of the General Conditions. The CONTRACTOR shall inspect them to confirm they accurately reflect the changes made by Addendum and will notify the ENGINEER if any discrepancies are found. These Conformed Documents are being provided to assist the CONTRACTOR in ensuring the LOTWP- Bonita Pump Station Administering Contract Changes Work Order 209 01035- 1 90%Submittal documents used during construction reflect the changes made during the bidding period. The Conformed Documents do not change or amend the Contract and are not considered Contract Documents. The CONTRACTOR will not make a claim for additional time or compensation that is based on the use of the Conformed Documents. The Contract Documents as defined by the General Conditions will be used to resolve any dispute that may arise during the course of the Project. B. Request for Information 1. The CONTRACTOR may request interpretation or clarification of the Contract Documents during the construction of the Project. Either, the CONTRACTOR, the OWNER, or the ENGINEER may request additional information from one of the other parties. These requests will be made using the Request for Information (RFI) form. The request section of the form will be filled out by the party initiating the request. It will be sent to the ENGINEER. The ENGINEER will distribute it to the appropriate party for a written response. The written response will be returned to the ENGINEER who will distribute copies. If the response to an RFI causes a change to the Contract the ENGINEER shall be notified. If the ENGINEER and OWNER concur a Change Control form will be issued requesting a proposal for the change from the CONTRACTOR. C. Request for Proposal 1. The OWNER may, in anticipation of ordering an addition, deletion, or revision to the WORK, request that the CONTRACTOR prepare a detailed proposal of cost and times to perform the contemplated work. The request will be made through the ENGINEER. The Request for Proposal will be made using the Change Control (CC) form. The Request for Proposal will include a detailed description of the proposed change and such additional information that the CONTRACTOR may need to accurately estimate the cost and time impact on the Project. The Request for Proposal is for information only. The CONTRACTOR is neither authorized to execute the proposed change or to stop work in progress as a result of such request. The CONTRACTOR's written proposal shall be transmitted to the ENGINEER within 14 days after CONTRACTOR has received the Request for Proposal. OWNER's request for a proposal or CONTRACTOR's failure to submit a proposal within the required time will not justify a Claim for an adjustment in Contract Price or Contract Time. 2. The ENGINEER and OWNER will review the CONTRACTOR's proposal promptly and may enter into negotiations with the CONTRACTOR regarding scope, cost, or time impacts. The ENGINEER will make a written recommendation to the OWNER to either accept or reject the proposal using the CC form. The OWNER will indicate acceptance or rejection of the proposal and return the signed CC form to the ENGINEER. The OWNER's signature indicates that the proposed change will be included in a Change Order to the Contract. The ENGINEER will transmit the signed CC form to the CONTRACTOR. LOTWP- Bonita Pump Station Administering Contract Changes Work Order 209 01035-2 90%Submittal D. Work Change Directive 1. A Work Change Directive (WCD) is defined in the General Conditions. Work Change Directives will be prepared by the ENGINEER using the Change Control form and will be issued to the CONTRACTOR through the ENGINEER. The OWNER will sign the WCD before it is issued to the CONTRACTOR indicating authorization of the changes directed. A WCD will be used in situations involving changes in the WORK which, if not processed expeditiously, might delay the Project. These changes may affect the Contract Price or Contract Times. A WCD is not a Change Order, but only a directive to proceed with work that may be included in a subsequent Change Order. 2. Upon completion of WORK covered by the Work Change Directive or when final Contract Times and Contract Price are determined, CONTRACTOR shall submit documentation for inclusion in a Change Order. CONTRACTOR's documentation shall include but not be limited to: a. Appropriately detailed records of work performed to enable determination of value of the WORK. b. Full information required to substantiate resulting change in Contract Times and Contract Price for WORK. On request of ENGINEER, provide additional data necessary to support documentation. c. Support data for WORK performed on a unit price or Cost of the Work basis with additional information such as: 1) Dates WORK was performed, and by whom. 2) Time records, wage rates paid, and equipment rental rates. 3) Invoices and receipts for materials, equipment, and subcontracts, all similarly documented. E. Field Order 1. A Field Order (FO) is defined in the General Conditions. Field Orders will be prepared by the ENGINEER using the Change Control form and will be issued to the CONTRACTOR through the ENGINEER. A Field Order is to be used for supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time. The CONTRACTOR shall promptly notify the ENGINEER if he believes the minor changes covered by the field order will involve a change to the Contract Price or Contract Times. F. CONTRACTOR Requested Change 1. If the CONTRACTOR wants to propose the use of a Substitute Item, as defined in the General Conditions, or to suggest a change to the Contract it will be done using the Contract Cost Control form. The request will be issued to the ENGINEER and will be assigned a reference number. The CONTRACTOR will provide documentation describing LOTWP- Bonita Pump Station Administering Contract Changes Work Order 209 01035 -3 90%Submittal the change and the cost or credit being proposed. The ENGINEER and OWNER will consider the changes being suggested and will provide a written decision to the CONTRACTOR. G. Claim 1. A Claim is defined in the General Conditions. Claims can be prepared by either the OWNER or the CONTRACTOR and will be delivered to the ENGINEER using the Change Control form. The ENGINEER will assign a reference number to the CC form. A claim will include, as a minimum: a. Specific references including (i) Drawing numbers, (ii) Specification section and article/paragraph number, and (iii) Submittal type, Submittal number, date reviewed, ENGINEER's comment, as applicable, with appropriate attachments. b. Stipulated facts and pertinent documents, including photographs and statements. c. Interpretations relied upon. d. Description of (i) nature and extent of Claim, (ii) who or what caused the situation, (iii) impact to the WORK and work of others, and (iv) discussion of claimant's justification for requesting a change to price or times or both. e. Estimated adjustment in price claimant believes it is entitled to with full documentation and justification. f. Requested Change in Contract Times: Include at least (i) Progress Schedule documentation showing logic diagram for request, (ii) documentation that float times available for WORK have been used, and (iii) revised activity logic with durations including sub-network logic revisions, duration changes, and other interrelated schedule impacts, as appropriate. H. Change Order 1. A Change Order is defined in the General Conditions. Change Orders will be prepared by the ENGINEER and will incorporate Request for Proposals accepted by the OWNER, Work Change Directives that have been completed by the CONTRACTOR and the cost and time impacts agreed to by the OWNER, Field Orders issued by the ENGINEER as a no-cost or time change, CONTRACTOR Requested Changes that have been accepted by the OWNER, and Claims that have been agreed to by the OWNER and the CONTRACTOR. PART 2-- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP - Bonita Pump Station Administering Contract Changes Work Order 209 01035 -4 90%Submittal SECTION 01050-SURVEY INFORMATION PART 1 -- GENERAL 1.1 SUMMARY A. This Section describes requirements related to construction surveying, providing field data which will be used to verify design and prepare Record Drawings, and other field engineering services necessary for performance of the WORK. B. Provide and pay for survey work required in execution of the Project. C. Pre-Survey Conference - The CONTRACTOR, subcontractors, CONTRACTOR's surveyor, survey crew leader, OWNER's surveyor, and all surveying personnel who are to be involved in the survey work shall meet with the ENGINEER two weeks prior to beginning survey work in accordance with Section 01200—Communication and Project Meetings. 1.2 SURVEY WORK BY THE OWNER A. The OWNER will conduct quality assurance checks of the CONTRACTOR's surveyors. Cooperate with and support the OWNER's surveyor in this effort and provide access to the WORK as needed to perform such surveys. B. The OWNER will provide horizontal and vertical control points and information (as shown on the Drawing SV1) for the CONTRACTOR's use in the layout of the WORK. C. The CONTRACTOR will replace all OWNER—provided control points or existing monumentation lost or damaged by the CONTRACTOR at the CONTRACTOR's expense. Existing monumentation shall be replaced in accordance with requirements of the applicable County and City. 1.3 SURVEY WORK BY THE CONTRACTOR A. Surveyor shall be registered in the State of Oregon. B. From control provided and as shown on the Drawings, make additional surveys as needed for layout of all WORK, such as control lines, slopes stakes, batter roads, stakes for pipe locations and other working points, lines, and elevations. C. CONTRACTOR's surveyor shall conduct all surveying necessary to document CONTRACTOR's Quality Assurance/Quality Control for all WORK. PART 2 -- PRODUCTS (NOT USED) LOTWP— Bonita Pump Station Survey Information Work Order 209 01050- 1 90%Submittal PART 3 -- EXECUTION BY THE CONTRACTOR 3.1 REFERENCE POINTS A. Locate and protect control points prior to starting site work, and preserve all permanent reference points during construction. 1. Make no changes or relocations without prior written notice to ENGINEER. 2. Report to ENGINEER when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. B. Where the actual location or elevation of layout points cannot be marked, provide temporary reference points sufficient to locate the WORK. 3.2 PROJECT SURVEY REQUIREMENTS A. Maintain control for line and grade of any pipelines, manholes, structures and all other work and furnish Record Survey to the ENGINEER upon request. B. Provide adequate information and access for the ENGINEER and allow the OWNER's surveyor and/or the ENGINEER to perform Quality Assurance checks of the WORK. C. In advance of any paving or final grading, if required, provide the ENGINEER with adequate survey information to check the line and grade which the CONTRACTOR will use for paving elevations and slopes. D. Prior to placing topsoil, or other treatment, on finish subgrade, Surveyor shall provide hubs at finish subgrade elevation to provide confirmation of the accuracy of the WORK. E. Notify the ENGINEER immediately if deviations from required lines, grades, or elevations exceed allowed tolerances. -END OF SECTION - LOTWP— Bonita Pump Station Survey Information Work Order 209 01050-2 90%Submittal SECTION 01060-SAFETY AND HEALTH PART 1--GENERAL 1.1 CONTRACTOR'S RESPONSIBILITY FOR SAFETY A. CONTRACTOR shall conduct its operations and perform all WORK safely and perform all WORK necessary to ensure the safety of its personnel and others and shall be solely and completely responsible for safety and the conditions on the jobsite, including the safety of all persons and property during the Contract Period. This requirement shall apply continuously and not be limited to normal working hours. 1.2 FEDERAL, STATE, AND LOCAL SAFETY REQUIREMENTS A. This Section outlines the minimum safety and health requirements applicable to this Project. These requirements include, but are not limited to, Oregon Revised Statutes, Oregon Administrative Rules, Oregon Occupational Safety and Health Regulations, Department of Labor and Industries, Oregon Department of Transportation, the Federal and State Departments of Labor Occupational Safety and Health Act (OSHA), 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., and all other applicable federal, state, county, and local laws, ordinances, codes, the requirements set forth herein, and any regulations that may be specified elsewhere in these Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. CONTRACTOR's failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations or relieve it of the penalties set forth therein. 1.3 SAFE ACCESS TO THE WORK AND SITE SAFETY A. CONTRACTOR shall at all times provide proper facilities for safe access to the WORK by OWNER, ENGINEER, and authorized representatives and by all authorized government officials. 1.4 PROJECT-SPECIFIC SAFETY AND HEALTH PLAN A. Neither OWNER nor ENGINEER shall be responsible for safety precautions and programs in connection with the construction WORK. However, CONTRACTOR shall provide a Project- Specific Safety and Health Plan as specified below. B. Fifteen days prior to the performance of any WORK or within 15 days after the Preconstruction Conference, whichever comes first, submit for information only to ENGINEER six copies of a Draft Project-Specific Safety and Health Plan. The Project-Specific Safety and Health Plan shall identify the specific hazards, exposures and risks of the Project, and detail the means/methods the CONTRACTOR will use for eliminating and controlling the hazards, exposures, and risks. CONTRACTOR shall be responsible for ensuring that subcontractor tiers develop a Project-Specific Safety and Health Plan for their portion of the WORK, and/or are integrated into CONTRACTOR'S Project-Specific Safety and Health Plan. ENGINEER will review and provide comments on the Draft Plan. LOTWP—Bonita Pump Station Safety and Health Work Order 209 01060- 1 90%Submittal C. CONTRACTOR shall provide six copies of the Final Project-Specific Safety and Health Plan within 5 days of receipt of ENGINEER's comments. D. CONTRACTOR shall not begin any construction activities until the Final Project-Specific Safety and Health Plan has been submitted, to ENGINEER. The safety plans shall be formatted in a manner that facilitates potential revisions. Revisions would include any necessary Job Hazard Analysis, and/or additions required due to changes in the job conditions or other factors. E. ENGINEER's review of the Project-Specific Safety and Health Plan is only for apparent conformance with the known exposures and risks, and does not extend to other aspects of the WORK. ENGINEER's review of the safety plan does not diminish any obligation the CONTRACTOR may have, by statute or Contract, regarding safety. ENGINEER's review also in no way relieves CONTRACTOR's obligation to fully meet all contractual requirements, nor shall ENGINEER's review give rise to any right of action against the OWNER, its officers, agents or employees, of the CONTRACTOR, subcontractor or other third parties. CONTRACTOR shall be responsible for the review of the specific requirements of the Project, for the analysis of planned methods of operation, and for the incorporation of any additional specific or unique safety requirements in the written Project-Specific Safety and Health Plan. F. CONTRACTOR shall furnish all training as required by the Project-Specific Safety Plan. If required by the CONTRACTOR's policies or Project-Specific Safety and Health Plan, the CONTRACTOR shall provide safety training to personnel of the OWNER, ENGINEER and others with access to the Site. All training shall be at the CONTRACTOR's cost. 1.5 CONSTRUCTION SAFETY SUPERVISOR A. CONTRACTOR shall appoint for the duration of this Contract a Primary Safety Representative to develop and supervise CONTRACTOR's job safety program that will effectively implement the required safety provisions. 1.6 EXCAVATION PLAN A. In accordance with the governing state and federal requirements, submit a detailed excavation plan to ENGINEER before excavation, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. The excavation plan shall be prepared, sealed and signed by a licensed professional engineer registered in the state of Oregon. B. This submittal is for record purposes only and shall not be reviewed and approved by ENGINEER. The plan is the complete responsibility of CONTRACTOR and submitting it to ENGINEER shall not relieve CONTRACTOR for overall responsibility and liability for the WORK. C. It shall be understood that the above stipulated requirements are considered to be the minimum to be provided. CONTRACTOR shall be solely responsible for any and all liabilities which may arise from his failure to provide adequate shoring, bracing, or sheeting as necessary to support the excavation under any or all of the conditions of loading which may exist, or which may arise during the construction of the Project. LOTWP—Bonita Pump Station Safety and Health Work Order 209 01060-2 90%Submittal 1.7 SAFETY EQUIPMENT A. CONTRACTOR shall maintain at the jobsite safety equipment applicable to the WORK as prescribed by the governing safety authorities and all articles necessary for giving first aid to the injured and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite. B. The performance of all WORK and all construction, particularly with respect to ladders, platforms, structure opening, scaffolding,shoring, lagging, machinery guards, and work around and on water shall be in accordance with the requirements of applicable governing safety authorities. C. CONTRACTOR shall be responsible for all labor, materials and equipment needed to secure the construction site at all times. This may include labor, lighting, fencing, alarm systems and other miscellaneous materials to maintain security at all sites where the CONTRACTOR may be working, staging work and storing materials or equipment. Unauthorized persons shall be removed from the Site. 1.8 ACCIDENT REPORTS A. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by the CONTRACTOR, by telephone or messenger to ENGINEER. In addition, CONTRACTOR shall promptly report in writing to ENGINEER all accidents in connection with WORK, giving full details, names, and statements of witnesses. B. If a claim is made by anyone against CONTRACTOR or any subcontractor on account of any accident, CONTRACTOR shall promptly report the facts in writing to ENGINEER, giving full details of the claim. 1.9 TRAFFIC SAFETY AND ACCESS TO PROPERTY A. CONTRACTOR shall comply with all rules and regulations of the City, State, and County authorities regarding closing or restricting the use of public street or highways. No public or private road shall be closed, except by express permission of the applicable jurisdiction and the ENGINEER. CONTRACTOR shall conduct the WORK so as to assure the least possible obstructions within traveled roadways by installing approved signs, barricades, and lights where necessary for the safety of the public. The convenience of the general public and residents adjacent to the Project, and the protection of the persons and property are of prime importance and shall be provided for in an adequate and satisfactory manner. B. CONTRACTOR shall conduct the Project with proper regard for the safety and convenience of the public. When the Project involves use of public ways, provide necessary flag persons and install and maintain means of reasonable access to all fire hydrants, service stations, warehouses, stores, houses, garages, and other property. CONTRACTOR shall close private residential driveways only with approval of the ENGINEER or specific permission of the property owner. CONTRACTOR shall not interfere with normal operation of public transit vehicles unless otherwise authorized. CONTRACTOR shall not obstruct or interfere with travel over any public street or sidewalk without approval. CONTRACTOR shall provide open LOTWP—Bonita Pump Station Safety and Health Work Order 209 01060-3 90%Submittal trenches and excavations with secured and adequate barricades or fences of an approved type which can be seen from a reasonable distance, at all times. CONTRACTOR shall close up or plate all open excavations at the end of each working day in all street areas unless approved otherwise by ENGINEER and in all other areas when it is reasonably required for public safety or as directed by the ENGINEER. At night, CONTRACTOR shall mark all open work and obstructions by barricades, railings, runways, stairs, bridges and facilities. CONTRACTOR shall observe all safety instructions received from ENGINEER or governmental authorities, but following of such instructions shall not relieve CONTRACTOR from its responsibility or liability for accidents to workmen or damage or injury to person or property. 1.10 FIRE PREVENTION AND PROTECTION A. CONTRACTOR shall execute all WORK in a fire-safe manner and shall supply and maintain on the Site adequate fire-fighting equipment capable of extinguishing incipient fires. CONTRACTOR shall comply with applicable federal, local, and state fire prevention regulations. Where these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations, (NFPA No. 241) shall be followed. 1.11 EMERGENCY RESPONSE A. At the Preconstruction Conference the CONTRACTOR shall provide the OWNER with a list of phone numbers of those employees responsible for responding to emergency calls outside normal working hours concerning the CONTRACTOR's WORK. B. If injuries or damages occur, the incident shall be reported immediately to the ENGINEER. In addition, CONTRACTOR must promptly report in writing to ENGINEER all accidents in connection with WORK, giving full details, names, and statements of witnesses. C. If a claim is made by anyone against CONTRACTOR or any subcontractor on account of any accident, CONTRACTOR shall promptly report the facts in writing to ENGINEER, giving full details of the claim. D. Upon failure of the CONTRACTOR to immediately respond to a safety issue with corrective action, the OWNER may respond without further notice to the CONTRACTOR and deduct all costs thereof from any payments due or coming due the CONTRACTOR. The OWNER shall not be required to act in any situation and nothing shall relieve the CONTRACTOR of its duties in this regard. PART 1 -- PRODUCTS (NOT USED) PART 2-- EXECUTION (NOT USED) - END OF SECTION - LOTWP— Bonita Pump Station Safety and Health Work Order 209 01060-4 90% Submittal SECTION 01071 -STANDARD REFERENCES PART 1--GENERAL 1.1 QUALITY ASSURANCE A. Applicability of References: 1. Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. 2. Publication Dates: Comply with standards in effect as of date of the Contract Documents, unless otherwise indicated. 3. Copies of Standards: a. Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. b. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. 1.2 REFERENCE SPECIFICATIONS, CODES,AND STANDARDS A. The CONTRACTOR shall construct the WORK in accordance with the Contract Documents and the referenced portions of those referenced codes, standards, and specifications. B. References to "Building Codes" or "Uniform Building Code" shall mean Uniform Building Code of the International Conference of Building Officials (ICBO). References to "Building Code" or "National Building Code" shall mean National Building Code of Building Officials and Code Administrators International (BOCA). References to "Building Code" or "International Building Code" shall mean International Building Code of the International Code Council (ICC) as amended in the local jurisdiction. Similarly, references to "Mechanical Code" or "Uniform Mechanical Code", "Plumbing Code" or "Uniform Plumbing Code", "Fire Code" or "Uniform Fire Code", shall mean Uniform Mechanical Code, Uniform Plumbing Code and Uniform Fire Code of the International Association of Plumbing and Mechanical Officials (IAPMO) and amended by the local jurisdiction. "Electric Code" or "National Electric Code (NEC)" shall mean the National Electric Code of the National Fire Protection Association (NFPA). The latest edition of the codes as approved by the Municipal Code and used by the local agency as of the date that the WORK is advertised for Bids shall apply to the WORK herein, including all addenda, modifications, amendments, and other lawful changes hereto. LOTWP—Bonita Pump Station Standard References Work Order 209 01071- 1 90%Submittal C. Incase of conflict between codes, reference standards, drawings, and the Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the ENGINEER for clarification and direction prior to ordering or providing any materials or furnishing labor. The CONTRACTOR shall bid for the most stringent requirements. D. References to "OSHA Regulations for Construction" shall mean Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations (OSHA), including all changes and amendments hereto. E. References to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes and amendments hereto. 1.3 REGULATIONS RELATED TO HAZARDOUS MATERIALS A. The CONTRACTOR shall be responsible that all WORK included in the Contract Documents, regardless if indicated or not, shall comply with all EPA, OSHA, RCRA, NFPA, and any other federal, state, and local regulations governing the storage and conveyance of hazardous materials, including petroleum products. B. Where no specific regulations exist and the OWNER has not waived the requirement in writing, chemical, hazardous, and petroleum product piping and storage in underground locations shall be double containment piping and tanks or be installed in separate concrete trenches and vaults with an approved lining that cannot be penetrated by the chemicals. 1.4 ABBREVIATIONS AND ACRONYMS FOR STANDARDS AND REGULATIONS A. Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. AA Aluminum Association AABC Associated Air Balance Council AAMA American Architectural Manufacturers Association AASHTO American Association of State Highway and Transportation Officials ABMA American Bearing Manufacturers Association ACI American Concrete Institute AEIC Association of Edison Illuminating Companies AF&PA American Forest and Paper Association AGA American Gas Association AGMA American Gear Manufacturer's Association, Inc. AHA American Hardboard Association Al The Asphalt Institute AIA American Institute of Architects LOTWP— Bonita Pump Station Standard References Work Order 209 01071 - 2 90%Submittal AIHA American Industrial Hygiene Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee AMCA Air Movement and Control Association, Inc. ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association ARI Air-Conditioning and Refrigeration Institute ASA Acoustical Society of America ASCE American Society of Civil Engineers ASCII American Standard Code for Information Interchange ASE Code American Standard Safety Code for Elevators, Dumbwaiter and Escalators ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers, Inc. ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWPA American Wood-Preservers Association AWS American Welding Society AWWA American Water Works Association BOCA Building Officials and Code Administrators, International, Inc. CBM Certified Ballast Manufacturers CMAA Crane Manufacturers Association of America, Inc. CRSI Concrete Reinforcing Steel Institute CSA Canadian Standards Association DEMA Diesel Engine Manufacturer's Association DEQ Oregon Department of Environmental Quality DFW Oregon Department of Fish and Wildlife DHI Door and Hardware Institute DIS Division of Industrial Safety DSL Oregon Department of State Lands EEI Edison Electric Institute EIA Electronic Industries Association EJMA Expansion Joint Manufacturers Association EJCDC Engineers Joint Contract Documents Committee EPA Environmental Protection Agency LOTWP—Bonita Pump Station Standard References Work Order 209 01071- 3 90%Submittal ESO Electrical Safety Orders FCC Federal Communications Commission FEDSPEC Federal Specifications FEDSTDS Federal Standards(see FEDSPECS) FEMA Federal Emergency Management Agency FHWA Federal Highway Administration FM Factory Mutual Engineering and Research Corporation HEI Heat Exchange Institute HI Hydraulic Institute HPVA Hardwood Plywood &Veneer Association IAPMO International Association of Plumbing and Mechanical Officials IBC International Building Code (with Oregon amendments) ICBO International Conference of Building Officials ICEA Insulated Cable Engineers Association IEC International Electrical Code IMC International Mechanical Code IPC International Plumbing Code IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society of North America ISA Instrument Society of America JIC Joint Industrial Council MFMA Metal Framing Manufacturers Association MILSPEC Military Specifications MSS Manufacturers Standardization Society of the Valve& Fittings Industry, Inc. NAAMM National Association of Architectural Metal Manufacturers NACE National Association of Corrosion Engineers NEC National Electric Code NEMA National Electrical Manufacturer's Association NESC National Electric Safety Code NFOR National Forest Products Association NFPA National Fire Protection Association NHLA National Hardwood Lumber Association NSF National Sanitation Foundation ODOT Oregon Department of Transportation OSHA Occupational Safety and Health Act PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PPI Plastic Pipe Institute LOTWP—Bonita Pump Station Standard References Work Order 209 01071 -4 90%Submittal PPIC The Plumbing & Piping Industry Council, Inc. RCRA Resource Conservation and Recovery Act RIS Redwood Inspection Service RMA Rubber Manufacturers Association SAE Society of Automotive Engineers, Inc. SAMA Scientific Apparatus Makers Association SBC Standard Building Code SDI Steel Door Institute SMACNA Sheet Metal and Air Conditioning Contractors National Association, Inc. SPI Society of the Plastics Industry, Inc. SSPC Society for Protective Coatings SSPWC Standard Specifications for Public Works Construction TEMA Tubular Exchanger Manufacturer's Association TPI Truss Plate Institute UBC Uniform Building Code UL Underwriters Laboratories Inc. UMC Uniform Mechanical Code UPC Uniform Plumbing Code USACE United States Army Corps of Engineers USBR Bureau of Reclamation WCLIB West Coast Lumber Inspection Bureau WRI Wire Reinforcement Institute WWPA Western Wood Products Association PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP— Bonita Pump Station Standard References Work Order 209 01071 - 5 90%Submittal SECTION 01200- COMMUNICATION AND PROJECT MEETINGS PART 1 -- GENERAL 1.1 DESCRIPTION A. The WORK specified in this Section establishes the lines of communication and outlines the requirements for Project Meetings prior to and during construction as designated in the Contract. 1.2 COMMUNICATION A. Written communication to the CONTRACTOR shall be transmitted from the OWNER through the ENGINEER per General Conditions Paragraph 8.01 or directly from the ENGINEER. B. Written communication from the CONTRACTOR, other than legal documents relating to the Contract sent directly to the OWNER, shall be transmitted through the ENGINEER. C. Routine verbal communication, other than during Project Meetings, will typically occur between the OWNER and ENGINEER, and between the ENGINEER and CONTRACTOR. 1.3 PRECONSTRUCTION CONFERENCE A. The purpose of the Preconstruction Conference is to establish lines of authority and communication and identify duties and responsibilities of the parties. B. ENGINEER will schedule the Preconstruction Conference no later than 14 days after Notice to Proceed. All parties concerned are to be notified of the time and place of the meeting. Attendance is mandatory for, at a minimum, CONTRACTOR's Project Manager, Field Superintendent, Quality Control Engineer, Safety Representative and major Subcontractors. Others are to attend as invited by the ENGINEER. C. The ENGINEER will preside at the preconstruction conference and will arrange for keeping and distributing the meeting notes to all persons in attendance. CONTRACTOR shall advise ENGINEER within 5 days of receipt of meeting notes if CONTRACTOR does not agree with contents of the notes. D. The CONTRACTOR and its subcontractors should plan on the conference taking 8 hours. E. Submit the following at or before the Preconstruction Conference: 1. 60-Day Plan of Operation and Project Overview Schedule. 2. CONTRACTOR-obtained permits. 3. Preliminary Schedule of Values. LOTWP—Bonita Pump Station Communication and Project Meetings Work Order 209 01200- 1 90%Submittal 4. Names and emergency contact numbers of Project Manager, Field Engineer, Field Superintendent, and trade-specific foremen. 5. Emergency Cleanup Plan. 6. Environmental Management Plan (EMP) 7. Spill Prevention, Control, and Countermeasures Plan (SPCC) 8. Traffic Control Plan 9. Site Access Plan F. CONTRACTOR shall provide other pertinent data required, contribute appropriate items for discussion, and be prepared to discuss all items on agenda. G. Purpose 1. The purpose of the meeting is to designate responsible personnel and establish working relationships. Matters requiring coordination will be discussed and procedures for handling such matters will be established. An agenda will be furnished to CONTRACTOR prior to the meeting date. CONTRACTOR shall be prepared to discuss the following: a. Designation of responsible personnel. b. Subcontractor communications. c. Coordination with other contractors, if any. d. CONTRACTOR's initial schedule submittals and critical work sequencing e. Transmittal, review, and distribution of CONTRACTOR's submittals. f. Internet Based Project Management requirements and processing of Requests for Clarifications, Field Orders, Work Change Directives, Change Orders, and Applications for Payment. g. Use of Site, office and storage areas, security, housekeeping, and OWNER's needs. h. Permit and easement conditions and requirements. i. CONTRACTOR responsibilities for safety and first aid. j. Major equipment and material deliveries and priorities. k. Traffic Control Plan, Site Access Plan, Tree Protection Plan and Wetlands Protection Plan. LOTWP—Bonita Pump Station Communication and Project Meetings Work Order 209 01200-2 90%Submittal I. CONTRACTOR use of standard forms. m. Maintaining Record Documents. n. Notification procedures. o. Specialty Inspection Procedures. p. Pipeline Cleaning,Testing and Disinfection Procedures. q. Liquidated damages. r. Certified payroll and wage compliance. 1.4 WEEKLY PROGRESS MEETINGS A. Hold Progress Meetings weekly, and at other times as required by the progress of the WORK. The purpose and agenda of the meetings include: 1. Review minutes of previous Progress Meeting. 2. Review 3-Week Look-Ahead Schedule. 3. Review (monthly) updated Construction Schedule. 4. Track submittal and RFI status. 5. Identify and determine resolution of quality issues. 6. Discuss safety and security issues. 7. Discuss notifications and other public relations matters. 8. Identify schedule issues and key material and equipment delivery dates. 9. Review upcoming WORK 10. Discuss coordination of WORK with others. 11. Review Prevailing Wage determination compliance and records. 12. Determine steps for resolution of other problems which may develop. B. Attend these meetings and arrange for subcontractor's attendance. At a minimum, CONTRACTOR's Project Manager, Field Superintendent, and Field Engineer must attend. ENGINEER and any other interested party, such as public utility, local government representatives, and suppliers when needed, will also attend. Representatives of CONTRACTOR, ENGINEER and OWNER present at the meetings shall have the competence and authority to make any necessary decisions. Their decisions and statements shall LOTWP—Bonita Pump Station Communication and Project Meetings Work Order 209 01200-3 90%Submittal commit their represented party to the agreed procedures, sequence of operations and schedules. C. Hold the meetings at the CONTRACTOR's or ENGINEER's field office. The ENGINEER will preside at the meetings and will record and distribute meeting notes. CONTRACTOR shall advise ENGINEER within 5 days of receipt of meeting notes if CONTRACTOR does not agree with contents of the notes. 1.5 COORDINATION MEETINGS A. Hold Coordination Meetings as required by the progress of the WORK. The purpose of the Coordination Meetings is to coordinate the WORK of this Contract with the work of the OWNER and with the work of other contractors. B. Attend these meetings and arrange for subcontractor's attendance. ENGINEER will also attend and any other interested party, such as public utility, local government representatives, and suppliers when needed. C. Hold the meetings at the CONTRACTOR's or ENGINEER's field office. The ENGINEER will preside at the meetings and will record and distribute meeting notes. CONTRACTOR shall advise ENGINEER within 5 days of receipt of meeting notes if CONTRACTOR does not agree with contents of the notes. 1.6 PRE-SURVEY CONFERENCE A. Mandatory Pre-Survey Conference -The CONTRACTOR, subcontractors, CONTRACTOR's surveyor, survey crew leader, OWNER's surveyor, and all surveying personnel who are to be involved in the survey work shall meet with the ENGINEER two weeks prior to beginning survey work. The purpose of this meeting will be to discuss methods and practices of accomplishing required survey work. 1.7 PRE-EVENT MEETING A. Prior to start of new critical activities, the CONTRACTOR shall schedule a meeting with ENGINEER to review applicable Specifications and Drawings, coordination and inspection requirements, and other key activities. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP— Bonita Pump Station Communication and Project Meetings Work Order 209 01200-4 90%Submittal SECTION 01300-SUBMITTALS PART 1--GENERAL 1.1 GENERAL A. Submittals covered by these requirements include manufacturers' information, shop drawings, test procedures, test results, samples, requests for substitutions, Deferred Submittals 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. 1.2 CONTRACTOR'S RESPONSIBILITIES A. The CONTRACTOR shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of work shall be as described in the submittal. The CONTRACTOR shall verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment, which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated. The CONTRACTOR shall ensure that there is no conflict with other submittals and notify the ENGINEER in each case where its submittal may affect the work of another contractor or the OWNER. B. The CONTRACTOR shall coordinate submittals with the WORK so that WORK will not be delayed. CONTRACTOR shall coordinate and schedule different categories of submittals, so that one will not be delayed for lack of coordination with another. No extension of time will be allowed because of failure to properly schedule submittals. The CONTRACTOR shall not proceed with WORK related to a submittal until the submittal process is complete. This requires that submittals for review and comment shall be returned to the CONTRACTOR stamped "No Exceptions Taken" or"Make Corrections Noted." C. The CONTRACTOR shall certify on each submittal document that it has reviewed the submittal, verified field conditions, and complied with the Contract Documents. D. The CONTRACTOR may authorize in writing a material or equipment supplier to communicate directly with the ENGINEER with regard to a submittal. These communications shall be limited to Contract interpretations to clarify and expedite the WORK. LOTWP—Bonita Pump Station Submittals Work Order 209 01300- 1 90%Submittal 1.3 CATEGORIES OF SUBMITTALS A. GENERAL: 1. Submittals fall into three general categories; submittals for review and comment, Deferred Submittals,and submittals which are primarily for information only. 2. At the beginning of WORK, the ENGINEER may furnish the CONTRACTOR lists of those submittals specified in the Contract Documents. B. SUBMITTALS FOR REVIEW AND COMMENT: All submittals except where specified to be submitted for information only shall be submitted by the CONTRACTOR to the ENGINEER for review and comment. C. DEFERRED SUBMITTALS: Those portions of the WORK which are to be designed and/or detailed by the CONTRACTOR and are not submitted at the time of building permit application. Deferred Submittals are to be submitted to the permitting agency by the CONTRACTOR in accordance with IBC Section 106.3.4.2. D. SUBMITTALS FOR INFORMATION ONLY: Where specified, the CONTRACTOR shall furnish submittals to the ENGINEER for information only. Examples of this type of submittal are: 1. Manufacturers' installation instructions 2. Manufacturers' and Installers' experience qualifications 3. Ready mix concrete delivery tickets 4. Affidavits and manufacturers' certification of compliance with indicated product requirements 5. Laboratory analysis results 6. Factory test reports 1.4 TRANSMITTAL PROCEDURE A. GENERAL: 1. Unless otherwise specified, submittals shall be accompanied by a Transmittal Form. 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 LOTWP—Bonita Pump Station Submittals Work Order 209 01300-2 90%Submittal functionally related that expediency indicates checking or review of the group or package as a whole. 2. Submittals shall be transmitted by the CONTRACTOR to the ENGINEER electronically using an internet based construction management software package as per Section 01320 — Internet Based Project Management Requirements. Access to and the use of this site will be provided at no cost to the CONTRACTOR. Submittals will be returned to the CONTRACTOR electronically using the same site. 3. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX," where "XXX" is the sequential number assigned by the CONTRACTOR. Resubmittals shall have the following format: "XXX-Y," where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals, i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively. Submittal 25B,for example, is the second resubmittal of submittal 25. B. DEVIATION FROM CONTRACT: If the CONTRACTOR proposes to provide material, equipment, or method of work which deviates from the Contract Documents, it shall indicate so under "deviations"on the transmittal form accompanying the submittal copies. C. SUBMITTAL COMPLETENESS: Submittals which do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. 1.5 REVIEW PROCEDURE A. GENERAL: 1. 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 Contract Documents) 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. 2. When the Contract Documents require a submittal, the CONTRACTOR shall submit the specified information as an electronic file in searchable PDF format. Submittal drawings shall be prepared in 11 x 17 or smaller format to facilitate scanning and printing. Include the submittal transmittal form, filled out completely by the CONTRACTOR, with each file. The ENGINEER will return the submittal to the CONTRACTOR with comments in PDF format. 3. CONTRACTOR shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. CONTRACTOR shall reimburse OWNER for ENGINEER's charges for reviewing subsequent submittals of shop drawings, samples or other items requiring approval. LOTWP—Bonita Pump Station Submittals Work Order 209 01300-3 90%Submittal 4. In the event that CONTRACTOR requests a substitution for a previously approved item, CONTRACTOR shall reimburse OWNER for ENGINEER's charges for such time unless the need for such substitution is beyond control of CONTRACTOR. B. SUBMITTALS FOR REVIEW AND COMMENT: Unless otherwise specified, within 21 calendar days after receipt of a submittal for review and comment, the ENGINEER shall review the submittal and provide comments and/or marked ups where necessary. 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 Contract Documents, the submittal review will indicate "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, the submittal review will indicate "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 corrections. Where submittal information will be incorporated in O&M data, a corrected copy shall be provided. 3. If the review indicates that the submittal is insufficient or contains incorrect data, the submittal review will indicate "AMEND AND RESUBMIT." The CONTRACTOR shall not undertake WORK covered by its submittal until it has been revised, resubmitted and returned marked either"NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." a. If the submittal is further marked "PARTIAL RESUBMITTAL REQUIRED" the CONTRACTOR shall provide the missing information and/or replace the unacceptable portions of the submittal as required by the ENGINEER. The partial resubmittal shall conform to the requirements of this Section. The resubmittal shall clearly indicate what parts of the original submittal are being replaced, modified or added to. The ENGINEER's response to this resubmittal shall apply to the preceding entire submittal as modified or amended by the partial resubmittal. b. If the submittal is further marked "COMPLETE RESUBMITTAL REQUIRED" the CONTRACTOR shall revise the submittal and provide a complete resubmittal package including all of the information and material required by the Specifications for the original submittal. This resubmittal shall stand-alone and shall not rely on or incorporate by reference any of the material contained in prior submittals. 4. If the review indicates that the material, equipment, or work method does not comply with the Contract Documents, the submittal review will indicate "REJECTED - SEE REMARKS." Submittals with deviations which have not been identified clearly may be rejected. The CONTRACTOR shall not undertake the WORK covered by such submittals until a new submittal is made and returned either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." LOTWP—Bonita Pump Station Submittals Work Order 209 01300-4 90%Submittal C. DEFERRED SUBMITTALS: 1. A list of Deferred Submittals is contained in the Structural Drawings. Deferred Submittals are those portions of the WORK which are to be designed and/or detailed by the CONTRACTOR and are not submitted at the time of building permit application. Deferred Submittals are to be submitted to the permitting agency by the CONTRACTOR in accordance with IBC Section 106.3.4.2. 2. Documents for Deferred Submittal items shall be submitted to the ENGINEER who shall review them and forward them to the Building Official with a notation indicating that the Deferred Submittal documents have been reviewed and found to be in general conformance with the design intent. The Deferred Submittal items shall not be installed until the Deferred Submittal documents have been approved by the Building Official. 3. The Deferred Submittal shall clearly indicate the CONTRACTOR's Engineer of Record for the items in the Deferred Submittal. Submittal shall include the direction from the CONTRACTOR's Engineer of Record regarding what items will require Special Inspection or Structural Observation. 4. Design Requirements: Where required, provide system, equipment and component designs, including their supports, anchorage and bracing designs, in accordance with the Project-specific design loads, seismic criteria and criteria given on the Structural Notes on the Drawings and associated Specifications. 5. In addition to the electronic files required for each submittal, provide three sets of sealed drawings, structural calculations, and product information for each Deferred Submittal package for review and acceptance by the ENGINEER and review and approval by the Building Official prior to installation. 6. The OWNER will pay any fees associated with Deferred Submittals. CONTRACTOR shall be responsible for picking up permit approved Deferred Submittal documentation. 7. Once a Deferred Submittal is submitted, the ENGINEER will have the time outlined herein to review the Deferred Submittal before transmitting it to the Building Official. The Building Official will have 60 days to review any Deferred Submittal from the date of receipt to date of review comments to CONTRACTOR. D. SUBMITTALS FOR INFORMATION ONLY: Such information is not subject to detailed review and shall be provided as part of the WORK under the Contract and its acceptability determined under normal inspection procedures. These submittals will indicate "No Action Taken". 1.6 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS A. 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 LOTWP—Bonita Pump Station Submittals Work Order 209 01300-5 90%Submittal 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. An indication 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. PART 2-- PRODUCTS (NOT USED) PART 3-- EXECUTION (NOT USED) - END OF SECTION - LOTWP— Bonita Pump Station Submittals Work Order 209 01300-6 90%Submittal SECTION 01305 -SCHEDULE OF VALUES PART 1 --GENERAL 1.1 GENERAL A. This Section defines the process whereby the Schedule of Values (lump sum price breakdown) shall be developed. Monthly progress payment amounts shall be determined, in part, from the monthly progress updates of the CPM Schedule activities. 1.2 PRELIMINARY SCHEDULE OF VALUES A. The CONTRACTOR shall submit a preliminary Schedule of Values for the major components of the WORK at the Preconstruction Conference. The listing shall include, at a minimum, the proposed value for the following major WORK components: 1. Mobilization: 3.0 percent of Contract Price. 2. Demobilization: 1.0 percent of Contract Price. 3. The total value of electrical work. 4. The total value of instrumentation and control work. 5. The total in-place value of yard civil and mechanical work, vaults, including pipelines 24-inch and 30-inch diameter pipeline work inclusive of excavation, pipe installation, backfill and testing. This total value shall be broken down by each pipeline size of 6- inch diameter and larger. 6. The total value of all mechanical work, exclusive of yard civil and mechanical work included in Item 5 above. This includes all piping, valves, pumping equipment, HVAC, Plumbing, and appurtenances at the new structure. 7. The total value of structural reinforced concrete work inclusive of all dewatering, subgrade preparation, backfill and incidental work for all new structures. Additionally, this total value shall be broken down into separate values for each new structure constructed as a part of the WORK. Miscellaneous and minor concrete work may be listed as one item in this breakdown. 8. The total value of all structure excavation and excavation support work, including any sheet piling. 9. The total value of Site civil work inclusive of clearing and grubbing, tree protection, tree removal, wetland protection, paving, grading and drainage work, but exclusive of excavation and excavation support. 10. The total value of architectural work. 11. The total value of testing. 12. The total value of close-out work. 13. The total value of all other work not specifically included in the above items. B. The CONTRACTOR and ENGINEER shall meet and jointly review the preliminary Schedule of Values and make any adjustments in value allocations if, in the opinion of the ENGINEER, these are necessary to establish fair and reasonable allocation of values for the major WORK components. Front-end loading will not be permitted. The ENGINEER may require reallocation of major WORK components from items in the above listing if in the opinion of LOTWP—Bonita Pump Station Schedule of Values Work Order 209 01305- 1 90%Submittal the ENGINEER such reallocation is necessary. This review and any necessary revisions shall be completed within 21 days from the date of Notice to Proceed. 1.3 DETAILED SCHEDULE OF VALUES A. The CONTRACTOR shall prepare and submit a detailed Schedule of Values to the ENGINEER within 30 days from the date of Notice to Proceed. The detailed Schedule of Values shall be based on the accepted preliminary Schedule of Values for major WORK components and shall be broken down by major structure or facility. The ENGINEER shall be the sole judge of acceptable numbers, details and description of values established. If, in the opinion of the ENGINEER, a greater number of Schedule of Value items than proposed by the CONTRACTOR is necessary, the CONTRACTOR shall add the additional items so identified by the ENGINEER. 1. The minimum detail of breakdown of the major WORK components is indicated below. Greater detail shall be provided as directed by the ENGINEER. a. Mobilization - 3.0 percent of Contract price - no breakdown required. b. Demobilization — 1.0 percent of Contract price - no breakdown required. c. The electrical work shall be broken down by structure and yard facilities. Structures electrical work shall be broken down into conduit and raceway installation, cable and wire installation, electrical equipment installation, terminations and lighting. Yard facilities shall be broken down by duct bank designation and transformers. d. Instrumentation and Control work shall be broken down by structure. e. Protective Coating work shall be broken down by structure and yard area. Where specific coating work at structures or yard areas may be critical to performing the WORK to meet milestone and Contract dates, such work shall be included as individual pay and Schedule activity items. f. Yard piping work shall be broken down into individual pipelines running from and to Contract termination points. g. 24-inch diameter and larger pipeline work shall be broken down by pipe diameter. Each pipeline shall be an individual pay item unless otherwise allowed by the ENGINEER. h. Mechanical work shall be broken down within each structure to identify individual piping systems, equipment installation by equipment name and number, and equipment testing and checkout. i. Concrete structures shall be broken down into excavation, subgrade preparation, and appurtenant pre-foundation work, concrete foundation construction, slabs on grade, walls/columns, suspended slabs, stairs, etc., hydrostatic structure testing where required and backfill. j. Civil Site work shall be broken down into individual erosion control features, tree protection, wetland protection, drainage piping, drainage structures, catch basins, Site concrete, paving, excavation cut and fill, removal of existing pipe, clearing and grubbing and any other items determined to be necessary for the establishment of pay and Schedule activity items. k. Equipment testing and plant startup broken down for completion milestones for each. LOTWP— Bonita Pump Station Schedule of Values Work Order 209 01305 - 2 90%Submittal I. All other work not specifically included in the above items shall be broken down as necessary for establishment of pay items. 2. The CONTRACTOR and ENGINEER shall meet and jointly review the detailed Schedule of Values within 35 days from the date of Notice to Proceed. The value allocations and extent of detail shall be reviewed to determine any necessary adjustments to the values. Any adjustments deemed necessary to the value allocation or level of detail shall be made by the CONTRACTOR and a revised detailed Schedule of Values shall be submitted within 40 days from the date of Notice to Proceed. 1.4 ESTIMATED PROGRESS PAYMENTS A. Within 15 days after ENGINEER's acceptance of the Detailed Schedule of Values and the Original CPM Construction Schedule as per Section 01310 — CPM Construction Schedule, Paragraph 1.3.D, the CONTRACTOR shall provide the ENGINEER with an estimate of anticipated Progress Payments, by month, throughout the Project's construction duration. 1.5 CHANGES TO SCHEDULE OF VALUES A. In the event that the CONTRACTOR and ENGINEER agree to make adjustments to the original Schedule of Values because of inequities discovered in the original accepted detailed Schedule of Values, increases and equal decreases to values for activities may be made. B. Approved change orders reflected in the CPM Schedule shall be incorporated into the Schedule of Values as a single unit identified by the change order number. 1.6 COMPLETE AND TIMELY SUBMISSIONS A. The Schedule of Values information is an integral part of the progress payment information. As such, it is critical information for evaluating the Project's progress. Accordingly, if any submittal required by this Section is found to be incomplete or is submitted later than required, it may result in a deferral by ENGINEER to recommend all or any part of CONTRACTOR's Application for Payment, either partial or final. PART 2-- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) -END OF SECTION - LOTWP—Bonita Pump Station Schedule of Values Work Order 209 01305 -3 90%Submittal SECTION 01310-CPM CONSTRUCTION SCHEDULE PART 1-- GENERAL 1.1 GENERAL A. The CONTRACTOR shall schedule the WORK in accordance with this Section. B. The Critical Path Method (CPM) shall be employed by CONTRACTOR for the planning, cost- loading and scheduling of all WORK required under the Contract Documents. The CPM Schedule shall be cost-loaded based on the Schedule of Values as approved by the ENGINEER in accordance with Section 01305 — Schedule of Values. Preparation, submittal, acceptance and updating of a CPM construction schedule are considered of vital importance to the success of the Project. C. The CPM schedule and related reports shall be prepared with Oracle's current version of Primavera P6 scheduling software or approved equal. Software that cannot produce files compatible with Primavera P6 will not be acceptable. D. Where submittals are required hereunder, the CONTRACTOR shall submit the information in accordance with Section 01300—Submittals. Each submittal shall include a complete set of all data files required by the software to allow the ENGINEER to reproduce or generate new reports using Primavera P6. Portable Document Format (PDF) files of the printed material will not fulfill this requirement. 1.2 DEFINITIONS A. CPM Scheduling: CPM, as required by this Section, shall comply with the standards outlined in the second edition of Construction Planning and Scheduling by Thomas E. Glavinich. In the case of conflicts between this Section and the book,this Section shall govern. B. Data Date:The date up to which actual progress is reported and the date from which future work is scheduled. C. Float: Float is the number of days an activity can be delayed from its early finish without delaying the project. Float is synonymous to total float or total slack. D. Critical Path: The critical path is the longest path (or paths) through the network and is determined by the least amount of float in the project. E. Float Ownership: Float within the schedule is not for the exclusive use of either ENGINEER or CONTRACTOR, but is a shared resource available to both parties as needed to meet Contract milestones and the Contract completion date. 1.3 QUALIFICATIONS OF SCHEDULER A. The schedule shall be prepared by a competent scheduler with verifiable experience, whose qualifications are subject to acceptance by the ENGINEER. LOTWP—Bonita Pump Station CPM Construction Schedule Work Order 209 01310- 1 90%Submittal B. CONTRACTOR shall submit a statement of the scheduler's qualifications within 10 Days after Notice to Proceed to verify that either: (1) the CONTRACTOR has in-house capabilities to use CPM techniques and Primavera P6, or (2) that the CONTRACTOR will arrange for the services of a CPM scheduling consultant that is qualified. In either event, the qualification statement shall identify the individual who will perform the CPM scheduling along with details of the information required under Qualification Criteria below. C. Qualification Criteria: The individual performing the scheduling shall have successfully applied computerized CPM scheduling techniques for at least 2 previously completed projects of similar nature, scope, and value not less than one half the Contract Price of this project. Provide the contact person's name for each completed project with current telephone number and address information. 1.4 CPM STANDARDS A. Construction CPM Schedule: The construction CPM schedule shall identify all activities required to complete the project and shall include a graphic time scaled network diagram and other computerized schedule reports as required below. B. Work Breakdown Structure (WBS): A work breakdown structure shall be used to organize and sub-divide activities into identifiable work packages, phases, categories of work, or areas. The WBS shall be easy to understand with discrete, measurable, tangible components and major deliverables clearly identified to communicate how the work will be completed. C. Activity ID: Every activity in the schedule shall be identified by their activity number. The activity ID shall be a unique identifier or reference number and shall not change during the course of the project. D. Activity Description: Verify that the scope of work is clearly depicted in the activity description. Activity descriptions should not be ambiguous and should contain an action verb, object, and location. Avoid using duplicate activity names. Use abbreviations that are clearly understood. E. Activity Calendars: When using Primavera P6, activity calendars should be maintained at the project level instead of global level. Calendars shall include all holidays or non-working days. Activity calendars shall be named with a short unique ID to represent the number of working days in a week. For example, "5D" and "7D" are five and seven day work week calendars with standard non-work days/holidays, and "CD" represents calendar days with no holidays and used to for concrete cure, contract time, etc. F. Duration Estimates: The duration estimate for each activity shall be computed in Days and shall represent the single best estimate considering the scope of the WORK and resources planned for the activity. Except for certain non-labor activities such as curing of concrete or delivery of materials, activity duration shall not exceed 10 Days nor be less than one Day, unless otherwise accepted by the ENGINEER. LOTWP—Bonita Pump Station CPM Construction Schedule Work Order 209 01310- 2 90%Submittal G. Activity Logic and Relationships: Generally, each activity in the schedule shall have at least one predecessor and one successor, except for Notice to Proceed. If using a start-to-start relationship, verify if it should also have a finish-to-start or finish-to-finish relationship. Avoid the use of redundant logic. H. Lag: Because lag used between relationships are not transparent, and Primavera's scheduling software does not depict lag on network diagram reports, lag shall be kept to a minimum. Avoid the use of negative lag on finish-to-finish relationships and avoid using lag in place of a constraint for date-dependent activities. The critical path should be free of all lags. If unusual or significantly large lag values are used, an explanation shall be provided the Narrative Report. I. Responsibility: The responsible party for each activity shall be identified in the schedule by a responsibility code. Responsibility includes, but is not limited to, the subcontracting firm, CONTRACTOR'S WORK force, ENGINEER, or Government agency performing a given task. Activities shall not belong to more than one responsible party. J. Sequestering Float: CONTRACTOR shall not sequester float through such strategies as extending activity duration estimates to consume available float, using preferential logic, using extensive crew/resource sequencing, etc. K. Constraints: Minimize the use of software constraints and only use on activities when appropriate. Avoid the use of Mandatory start and finish constraints. If constraints are used, an explanation shall be provided in the Narrative Report. Remove all constraints for completed activities. L. Actual Dates and Progress: Record actual start, actual finish, and remaining duration contemporaneously as the project is progresses. Actual start and finish dates shall reflect when the work actually occurred and shall not be automatically updated by default mechanism. Updating percent complete and remaining duration for each activity shall be independent functions. Verification of actual start and finish dates may be independently confirmed. M. Primavera Schedule Options: To avoid invalid progress for out-of-sequence work, Retained Logic shall be used instead of Progress Override in Primavera's scheduling options. When problems develop with out-of-sequence work during updating, The CONTRACTOR shall correct out-of-sequence logic to deal with actual conditions of the project. N. File Maintenance: Do not update the same schedule over and over. Make a copy of the schedule and rename it prior to updating or revising. Name electronic schedules and schedule reports using a standard naming convention, such as Year-Month-Day-Title-Rev. Use the following example for sorting chronologically: 12.06.01 — Network Diagram, Bonita Pump Station Update No. 10 (Rev2). This allows schedules to be sorted chronologically and revisions easily identified. Maintain and regularly back-up electronic schedules and reports. 0. Notice: A CPM schedule submittal or updated CPM schedule shall not constitute as notice under the terms of the contract. LOTWP—Bonita Pump Station CPM Construction Schedule Work Order 209 01310-3 90%Submittal 1.5 SCHEDULE SUBMITTAL AND REPORTS A. The CONTRACTOR shall provide all schedule submittals and associated reports for review and acceptance in accordance with this section. Each schedule submittal shall be based on the current CPM schedule. B. At a minimum, the following schedules shall be submitted: (1) Initial Schedule, (2) Baseline Schedule and (3) Monthly Schedule Updates. C. The following schedule reports shall be submitted with each submittal: (1) Narrative Report, (2) Network Diagram, (3) Critical Path Report, and (4) Tabular Reports. All schedule reports shall be provided in Adobe PDF for reproduction later if necessary. In addition, a copy of the electronic Primavera schedule (XER format) shall also be provided with each submittal. 1. Narrative Report: The CONTRACTOR shall provide a Narrative Report with each schedule submittal summarizing at a minimum the status the following; a. Current status of the project. Include the status of major project components, contract completion dates, time adjustments, amount of time ahead or behind schedule, and an explanation of how the project will be brought back on schedule if delays have occurred. b. Progress made on critical activities and near critical activities. Include a description of the critical path, changes to the critical path, and an explanation for any lack of WORK on critical path activities. c. Provide a list of the critical activities scheduled to be performed in the next 2 months. d. Summarize the status of major material and equipment procurement. e. Provide any delays encountered during the reporting period. f. Include an assessment of inclement weather delays and impacts to the progress of the WORK. g. Summarize major change orders, anticipated problems, restrictions, unusual conditions, issues, concerns, risks, and opportunities. h. List the activity work calendars and holidays used in the software i. Explain any software constraints used in the schedule or unusual lag that may be affecting logic. j. Provide an explanation for any major logic changes made from the previous update. This includes listing all major changes, including added and deleted activities, added and deleted predecessors, added and deleted successors, and activity descriptions. Primavera's Claim Digger can develop a separate report if necessary to list all changes to the schedule. LOTWP—Bonita Pump Station CPM Construction Schedule Work Order 209 01310-4 90%Submittal 2. Network Diagram: The CONTRACTOR shall provide a Narrative Report with each schedule submittal summarizing at a minimum the status the following; a. A time-scaled Network Diagram shall be provided with each schedule submittal grouped by an appropriate work breakdown structure, then sorted by early start. The Network Diagram shall be provided on 11" by 17". If requested,the Network Diagram shall be plotted in color on 22" x 34" or 34" x 60" paper. b. The Network Diagram reports should contain a header or footer shall contain the following information at a minimum. c. The Network Diagram shall depict all activities on the schedule, and clearly display the critical path. At a minimum, the Network Diagram header or footer shall clearly depict the project name, report title, data date, print date, substantial complete date, page numbers, layout used and filter used. At a minimum, the Network Diagram shall have the following tabular information; 1) Activity ID and Activity Name 2) Original Duration and Remaining Duration 3) Total Float 4) Calendar ID 5) Responsibility 6) Early Start and Early Finish 7) Predecessor and Successor 3. Critical Path Report: A Critical Path Report shall be provided with each schedule submittal. The Critical Path Report will have the same information as the Network Diagram; however, it does not have any grouping. All activities are sorted by total float then early start. The Critical Path Report shall be provided on 11" by 17" and at a minimum shall depict all activities on the schedule, clearly display the critical path, and shall have the same tabular information as the Network Diagram. 4. Tabular Reports: The following two tabular reports shall be provided with each schedule submittal. If requested by the ENGINEER, up to four different tabular reports shall be submitted with each schedule. a. Detailed Predecessor/Successor Report: Include the following detailed information; activity ID and description, calendar, duration, driving relationship, lag, float, and logic. Sort by activity ID. b. Primavera P6 Scheduling/Leveling Report: Identifies Software Settings, Constraints, Open Ends and Scheduling Statistics. LOTWP—Bonita Pump Station CPM Construction Schedule Work Order 209 01310-5 90%Submittal 1.6 INITIAL SCHEDULE SUBMITTAL A. The CONTRACTOR shall submit 2 schedule documents at the Preconstruction Conference which serve as the CONTRACTOR's plan of operation for the initial 60 Day period of the Contract Times and identify the manner in which the CONTRACTOR intends to complete the WORK within the Contract Times. 1. 60 Day Plan of Operation: During the initial 60 Days of the Contract Times, the CONTRACTOR shall conduct operations in accordance with a 60 Day CPM schedule. The chart so prepared shall show accomplishment of the CONTRACTOR's early activities (mobilization, permit acquisition, submittals necessary for early material and equipment procurement, submittals necessary for long lead equipment procurement, CPM submittals, initial sitework and other submittals and activities required in the first 60 Days). 2. Project Overview or Summary Schedule: The overview schedule shall indicate the major components of the WORK and the sequence relations between major components and subdivisions of major components. The overview schedule shall indicate the relationships and time frames in which the various components of the WORK will be made substantially complete and placed into service in order to meet the required milestones. Sufficient detail shall be included to subdivide major components in such activities as (1) excavation, (2) foundation subgrade preparation, (3) foundation concrete, (4) completion of structural concrete, (5) major mechanical WORK, (6) major electrical WORK, (7) instrumentation, and control WORK, and (8) other important WORK for each major facility within the overall project scope. Planned durations and start dates shall be indicated for each WORK item subdivision. Each major component and subdivision component shall be accurately plotted on time scale sheets not to exceed 36-inches by 60-inches in size. No more than 4 sheets shall be employed to present this overview information. B. The ENGINEER and the CONTRACTOR shall meet to review and discuss the 60 Day plan of operation and project overview bar chart within 10 Days after submittal to the ENGINEER. The ENGINEER's review and comment on the schedules will be limited to conformance with the sequencing and milestone requirements in the Contract Documents. The CONTRACTOR shall make corrections to the schedules necessary to comply with the requirements and shall adjust the schedules to incorporate any missing information requested by the ENGINEER. 1.7 BASELINE CPM SCHEDULE SUBMITTAL A. Within 45 Days after the Notice to Proceed, the CONTRACTOR shall submit a Baseline Schedule submittal to the ENGINEER for review. This submittal shall have already been reviewed and accepted by the CONTRACTOR's Project Manager, superintendent, and estimator prior to submission. B. The schedule shall include, but not limited to, the following activities: LOTWP—Bonita Pump Station CPM Construction Schedule Work Order 209 01310-6 90%Submittal 1. Notice to Proceed. 2. Permits. 3. Submittals, including any deferred submittals, with review time. 4. Early procurement activities for long lead equipment and materials. 5. Initial Site work. 6. Earthwork. 7. Specified WORK sequences and construction constraints. 8. Contract Milestone and Completion Dates. 9. Products delivery dates or ranges of dates. 10. All facilities, by area designation, by discipline, level, or other major component. 11. Facility testing/startup/commissioning including all testing requirements of the Contract Documents. 12. Project close-out. 13. Demobilization. C. The schedule shall include proper Interfacing of related activities including critical submittals, major material and equipment deliveries, procurement, required permits and other constraints such as equipment or manpower/crew availability. Submittal dates must include review periods and permit schedules must include agency review and issue dates. D. The schedule must show agreement with the interim milestones, schedule coordination requirements, and completion dates indicated in the Contract Documents. IE. Baseline Schedule Review Meeting: The CONTRACTOR shall, within 55 Days from the Notice to Proceed, meet with the ENGINEER to review the Baseline CPM schedule submittal. The CONTRACTOR shall have the Project Manager, superintendent, and the scheduler in attendance. CONTRACTOR will allocate one work Day for this meeting. The ENGINEER's review will be limited to conformance with the Contract Documents. However, the review may also include: 1. Clarifications of the design intent. 2. Directions to include activities and information missing from the submittal. 3. Requests to the CONTRACTOR to clarify and revise the schedule. LOTWP— Bonita Pump Station CPM Construction Schedule Work Order 209 01310-7 90%Submittal F. Revisions to the Baseline Schedule: The CONTRACTOR shall revise the Baseline Schedule submittal to address review comments from the ENGINEER, correct deficiencies identified and resubmit the schedule, along with all reports, to the ENGINEER for review. 1. Within 14 Days after the CONTRACTOR re-submits the revised schedule, the Engineer will either (1) accept the schedule as submitted or (2) advise the CONTRACTOR in writing those items that are unsatisfactory or deficient to monitor the status of WORK or evaluate monthly payment requests. 2. When the schedule is accepted, it shall be considered the "Baseline CPM Construction Schedule". 3. The ENGINEER reserves the right to require that the CONTRACTOR adjust, add to, or clarify any portion of the schedule which may later be discovered to be insufficient for the monitoring of WORK or evaluating monthly payment requests. No additional compensation will be provided for such adjustments, additions, or clarifications. G. Monthly Updates and Periodic CPM Schedule Submittals 1. Following acceptance of the CONTRACTOR's Baseline CPM Schedule, the CONTRACTOR shall update the schedule each month to reflect actual progress and any changes to the work then submit the updated schedule to the Engineer for review. 2. Each monthly schedule update shall be the basis for payment and measuring CONTRACTOR performance. 3. The monthly schedule update submittal shall be reviewed with the CONTRACTOR during a monthly construction progress meeting. The goal of these meetings is to enable the CONTRACTOR and the ENGINEER to initiate appropriate remedial action to minimize any known or foreseen delay in completion of the WORK and to determine the amount of WORK completed since the last schedule update. These meetings are considered a critical component of the overall monthly schedule update submittal. 4. Within 7 Days after the monthly progress meeting, the CONTRACTOR shall submit a revised CPM schedule if necessary and incorporate THE ENGINEER'S schedule review comments. Within 5 Days of receipt of the revised submittals, the ENGINEER will either accept or reject the monthly schedule update submittal. If rejected, the update shall be corrected and resubmitted by the CONTRACTOR before the Application for Payment for the update period will be processed. 1.8 ACCEPTANCE A. The CONTRACTOR'S Baseline Schedule will be acceptable to ENGINEER when it provides an orderly progression of the WORK from Notice to Proceed to Final Completion in accordance with the Contract requirements, adequately defines CONTRACTOR's Work plan, provides a workable arrangement for processing submittals in accordance with the requirements, and properly allocates cost-loaded resource values for manpower, major materials, equipment to each activity (free of unbalances in resources) as determined by ENGINEER. LOTWP— Bonita Pump Station CPM Construction Schedule Work Order 209 01310-8 90%Submittal B. ENGINEER's review and acceptance of CONTRACTOR's schedules is for conformance to the requirements of the Contract Documents only, and does not relieve CONTRACTOR of any of its responsibility whatsoever for the accuracy or feasibility of the schedule, or of CONTRACTOR's ability to meet interim milestone dates and the Contract completion date, nor does such review and acceptance expressly or impliedly warrant, acknowledge, or admit the reasonableness of the logic, durations, and resource value loading of CONTRACTOR's schedule. C. The CONTRACTOR agrees to utilize sufficient and necessary management and other resources to perform WORK in accordance with the schedule. D. Upon submittal of a schedule update and acceptance by the ENGINEER, the updated schedule shall be considered the "current" project schedule. 1.9 CPM CONSTRUCTION SCHEDULE REVISIONS A. Upon approval of a Change Order or upon receipt by the CONTRACTOR of authorization to proceed with additional WORK, the change shall be reflected in the next submittal of the CPM Schedule. The CONTRACTOR shall utilize a fragnet (sub-network) in the schedule depicting the changed WORK and its effect on other activities. This fragnet shall be tied to the main network with appropriate logic so that a true analysis of the critical path can be made. Whenever the CONTRACTOR believes that a Change Order will extend the Contract Times, the fragnet analysis herein shall be submitted with the price proposal for the change. If the CONTRACTOR does not submit the fragnet demonstrating that the change affects the Contract Times, then no subsequent claim for additional time due to the change will be accepted. B. ENGINEER may direct and, if so directed, CONTRACTOR shall propose revisions to the CPM Construction Schedule upon occurrence of any of the following instances: 1. The actual physical progress of the WORK falls more than five percent (5%) behind the accepted CPM Construction Schedule, as demonstrated by comparison to the accepted monthly CPM Construction Schedule updates or as determined by ENGINEER if a current accepted CPM Construction Schedule does not exist. 2. ENGINEER considers milestone or completion dates to be in jeopardy because of "activities behind schedule". "Activities behind schedule" are all activities that have not or cannot be started or completed by the dates shown in the CPM Construction Schedule, regardless of the existence of positive float on the activity. 3. A Change Order has been issued that changes, adds, or deletes scheduled activities or affects the time for completion of scheduled activities. Upon approval of a Change Order, or upon receipt by the CONTRACTOR of authorization to proceed with additional WORK, the change shall be reflected in the next submittal of the schedule. The CONTRACTOR shall utilize a fragnet in the schedule depicting the changed WORK and its effect on other activities. This fragnet shall be tied to the main network with appropriate logic so that a true analysis of the critical path can be made. LOTWP—Bonita Pump Station CPM Construction Schedule Work Order 209 01310-9 90%Submittal 4. When the instances requiring revision to the CPM Construction Schedule occur, CONTRACTOR shall submit the proposed revised CPM Construction Schedule within ten (10) working days after receiving direction from ENGINEER to provide such Schedule. No additional payment will be made to CONTRACTOR for preparation and submittal of proposed revised CPM Construction Schedules. However, if ENGINEER accepts the proposed revised CPM Construction Schedule, it shall replace and supersede all previous CPM Construction Schedules and substitute for the next monthly CPM Construction Schedule update that would otherwise be required and shall qualify for payment of the monthly CPM Construction Schedule update. Failure to submit required CPM Construction Schedule revision proposals in a form acceptable to ENGINEER shall result in forfeiture and deduction of payments for monthly CPM Construction Schedule updates. 5. Revisions to the CPM Construction Schedule shall comply with all of the requirements of this section. 1.10 SCHEDULE RECOVERY A. If a revised CPM Construction Schedule accepted by ENGINEER requires CONTRACTOR to employ additional manpower, equipment, hours of work or work shifts, or to accelerate procurement of materials or equipment, or any combination thereof, as schedule recovery measures to meet Contract milestones, CONTRACTOR shall implement such schedule recovery measures for CONTRACTOR caused delays without additional charge to OWNER. 1.11 TIME EXTENSION REQUEST A. Extensions of Contract Time may be granted only for excusable or compensable delays to activities that actually delay critical path and project completion beyond the contract Substantial Completion date. 1. The CONTRACTOR shall give timely written notice of any delay or anticipated delay that affects the critical path and may delay the project. An estimate of the probable days of delay shall be included with any notice of delay. Failure to provide a notice of delay within 7 days of when a delay is or should have been known waives the CONTRACTOR's right to a time extension for delays up to the date of untimely notice. B. For any period in which a change in the Contract Time is anticipated, whether for a Change Order, Work Change Directive, Field Order, or event for which the OWNER is responsible, the CONTRACTOR shall submit a Contemporaneous Time Impact Analysis justifying any requested time extension. 1. The Time Impact Analysis shall utilize the current schedule update and include a detailed network diagram of the activities affected (a fragnet) demonstrating where the CONTRACTOR proposes to incorporate the change or delay in the current schedule. The network diagram(s) shall show: (1) the current activities affected by the change or delay and (2) the proposed activity logic relationships due to the change or delay. LOTWP— Bonita Pump Station CPM Construction Schedule Work Order 209 01310- 10 90%Submittal 2. The Time Impact Analysis shall incorporate all delays (including OWNER, CONTRACTOR, and third party delays without exception) in the time frame that they actually occurred with actual logic ties. 3. The Time Impact Analysis shall include a narrative containing the rationale used in developing the analysis. It shall address the basis for the time extension, the facts giving rise to the delay, an analysis of how the event or actions for which the OWNER is responsible and why the CONTRACTOR is due additional time. The recitation of the facts shall reference the documents or statements of individuals supporting the asserted facts, and pertinent documents shall be attached to the narrative when practical. 4. When requested, the Time Impact Analysis shall also include an analysis of possible re- sequencing and acceleration to regain some or all of the lost time and an estimate of the probable cost of such effort. 1.12 EARLY COMPLETION SCHEDULES A. Early completion schedules are generally not acceptable to OWNER but may be accepted as a convenience to CONTRACTOR and under the following conditions. 1. CONTRACTOR must submit a specific written request outlining the specific reasons for using the early completion schedule. 2. A Baseline CPM submittal showing early completion shall either be accompanied by: a. CONTRACTOR's request for a change of Contract Times at zero change of Contract Price, accompanied by documentation demonstrating that the Bid was based on early completion, or b. CONTRACTOR acknowledges and agrees in writing that the proposed reduction in time represents Project time already paid for by OWNER as part of the Bid Price and is available to both CONTRACTOR and OWNER for the mitigation of impacts to the Project from any source. CONTRACTOR shall not be entitled to any increase in Contract Price for failure to achieve the early completion and waives all claims to same. 3. Early completion schedules shall not be based upon or rely on expedited approvals by OWNER, ENGINEER, or Regulatory Agencies. 4. Early completion schedules must meet all other requirements of the Contract. B. Early completion schedules which have activities behind schedule shall be revised when requested by ENGINEER. C. When completion occurs early, any remaining future schedule updates shall be considered complete and earned and shall be paid as part of the final payment. LOTWP—Bonita Pump Station CPM Construction Schedule Work Order 209 01310- 11 90%Submittal 1.13 PROGRESS MEETINGS AND LOOK-AHEAD SCHEDULES A. For the weekly progress meetings, CONTRACTOR shall submit a Three Week Look-Ahead Schedule. This schedule will cover five weeks: the immediate past two weeks, the current week, and the forthcoming two weeks. Reflect actual progress for the prior two weeks. Forecast start and finish dates shall be provided current and forthcoming two weeks. B. The Look-Ahead Schedule shall be in a format acceptable by ENGINEER. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP— Bonita Pump Station CPM Construction Schedule Work Order 209 01310- 12 90% Submittal SECTION 01320- INTERNET BASED PROJECT MANAGEMENT REQUIREMENTS PART 1 --GENERAL 1.1 SUMMARY A. This Section specifies an Internet-based project management system, PMWeb, required for use by the CONTRACTOR, ENGINEER and the OWNER for collaboration and communications of all Contract related work. B. Related Sections: The requirements of this Section are applicable across all Sections of the Contract Documents. Unless otherwise indicated, it is the CONTRACTOR's responsibility to utilize PMWeb when performing all Project Communications as defined in Article 1.3 of this Section. 1.2 SUBMITTALS A. Procedures: Section 01300-Submittals. B. Initial and Updates of User Information. C. Proposed schedule of attendance for PMWeb training sessions. D. Signed verification of training attendance for all users. 1.3 DEFINITIONS A. Project Communication(s): B. All written documentation and written communications required by the Contract Documents including, but not limited to: correspondence, reports, notices, submittals, transmittals, RFIs, request for change orders, payment applications, change orders, claims, change proposals, field orders, meeting agendas and minutes, substitutions, test reports, monitoring reports, punchlists, and all other formal Contract communications. 1. Documents required by the Contract that include written documents, demands, instruments, or directives, unless otherwise indicated in this Section. C. Electronic Documents: D. The electronic form or image of Project Communications that can be stored on and retrieved from an electronic storage device through a collaboration system over the Internet. 1. Includes all written and graphic products produced with computer software or converted to electronic form or electronic image by computer software. LOTWP—Bonita Pump Station Internet Based Project Management Requirements Work Order 209 01320- 1 90%Submittal E. Secure Documents: A secure form of the original or created electronic document that communicates the content and information of the original document and prevents alteration of the original document. F. Notice: 1. As defined in the Contract. 2. Notice for documents transmitted through PMWeb is the time and date when the document is sent to the other party as recorded in PMWeb. G. Project Team: The associated members of the OWNER, Owner Consultants, ENGINEER, CONTRACTOR, subcontractors, and vendors. H. PMWeb: 1. The Internet-based project management system developed by PMWeb. Information may be obtained at http://www.pmweb.com. Access to the actual project site is: http://Iotigardwater.pmwebondemand.com/PMWeb/ 2. Project management system for facilitating document workflows, communication, and collaboration, which assists in the management of construction projects. 3. Serves as a single source for Project information for communication and collaboration among all Project participants by automating various tasks in an organization of modules. 4. Provides a secure, permissions-based access requiring the identification of all users and their approved access rights. 1.4 USER IDENTIFICATION INFORMATION A. Submit the following for each proposed authorized PMWeb user within ten days of the effective date of the Notice to Proceed: 1. Name, title, and company affiliation. 2. Address, phone number, email address, and fax number. 3. Specific job related functions. 4. Level of authority within the CONTRACTOR's organization B. Submit an updated list of authorized users on a quarterly basis or more frequently as needed, to indicate users to be added or removed (note only one login ID will be distributed for each General Contractor). LOTWP—Bonita Pump Station Internet Based Project Management Requirements Work Order 209 01320- 2 90%Submittal 1.5 PROJECT COMMUNICATIONS A. All official Project Communication and collaboration will take place in PMWeb by creating and distributing documents directly within the system, or by scanning and/or uploading Project documents into the system for distribution. Unless otherwise indicated, no other form of written Project Communication will be recognized. B. Create submittals in PMWeb's submittal module. Distribute reports, documents, samples, etc. that cannot be processed through PMWeb per Section 01300- Submittals. Use PMWeb to track and expedite processing submittals. Scan and/or upload support documentation into PMWeb and attach to the main submittal document. C. The ENGINEER will respond to all documents using the appropriate PMWeb module. All documents requiring formal signatures will be printed out in PMWeb and hard copies signed and distributed. Otherwise, documents distributed electronically via PMWeb will be considered official documentation. Documents requiring formal wet signature include: 1. Change Orders 2. Construction Change Directives 3. Final Submittal Responses 4. Others as determined by OWNER D. All documents will be electronically submitted to the OWNER as an attachment to a transmittal created in PMWeb transmittal module. E. This Section shall not relieve the CONTRACTOR of its obligations to provide the OWNER with Record Drawings in the physical form specified in Section 01720— Record Documents. 1.6 ACCESS REQUIREMENTS A. Maintain the list of authorized users to reflect current authorized users of PMWeb. B. Protect the security of the PMWeb system by limiting access to authorized users only. Do not allow 'sharing' of usernames. Take appropriate precautions to maintain the security of the system. Ensure that OWNER is notified immediately of any user who is no longer authorized to use the system so that their user account can be de-activated by the PMWeb Administrator. C. Access will only be permitted to certain modules, in accordance with permission levels configured by the PMWeb administrator. Requests to change permission levels must be submitted to the PMWeb Administrator. LOTWP—Bonita Pump Station Internet Based Project Management Requirements Work Order 209 01320-3 90%Submittal 1.7 USE REQUIREMENTS A. Use PMWeb as the Project file storage system with a file folder structure created by the OWNER to organize the Project documents. B. The use of PMWeb is intended to expedite and improve collaboration and written Contract communication and to accurately record the flow of Contract documentation. C. Abide by all policies, procedures, and standards established by the OWNER for the use and application of PMWeb. D. Comply with applicable laws and regulations regarding electronic transmission of documents requiring professional engineering stamps or signatures, including provision of hard copies of such documents as appropriate. E. Project Communications that require the signature of authorized persons will use a wet signature only, no electronic signatures will be accepted. 1.8 DOWNTIME A. In the event that the PMWeb system is temporarily unavailable (internet not available), continue with Project Communications utilizing other electronic means (email) or hard copies to transmit and receive Project Communications. B. Maintain records of all Project Communication during the PMWeb downtime and upload the records to PMWeb when it is operational. C. Notify the OWNER's PMWeb Administrator by telephone or email when PMWeb is not functional. 1.9 TRAINING A. Submit a proposed schedule of attendance for the PMWeb training sessions to be provided by the OWNER, including a list of back up personnel. B. Submit a proposed schedule of attendance for the PMWeb training sessions to be provided by the OWNER, including a list of back up personnel. C. Mandatory for listed users of PMWeb prior to use, including any training sessions scheduled by the OWNER. 1.10 PROJECT MANAGEMENT SYSTEM REQUIREMENTS A. Provide computer hardware and software that meet the requirements of the PMWeb project management software at both field office and home office location(s) where Project Communications on this Contract are generated or processed. LOTWP—Bonita Pump Station Internet Based Project Management Requirements Work Order 209 01320-4 90%Submittal B. Modifications: 1. PMWeb is continually modified and improved in order to enhance the product and provide additional functionality. 2. PMWeb has many methods of alerting clients to changes and providing support to the end users. C. Software, hardware, and Internet access: 1. Minimum software requirements are as follows: a. An Internet browser(Internet Explorer Version 7 or later, Google Chrome, Mozilla Firefox, or Apple Safari). 2. Minimum hardware requirements are as follows: a. Pentium-based (or equivalent) workstation or laptop with a minimum of 64 MB of RAM. b. A scanning device capable of scanning a minimum of 11-inch x 17-inch color document into electronic Portable Document Format (PDF) with a minimum density of 300 dpi. 3. Minimum access requirements are as follows: a. Broadband connection using integrated Services Digital Network (ISDN), Digital Subscriber Line (DSL), or better. b. For remote locations, a phone line based connection is acceptable only with the written approval of the ENGINEER. 4. Be responsible for all costs associated with the provisions, maintenance, and upgrade of the hardware, software, and Internet access for the duration of the Contract. 5. Software necessary to create documents in format compatible with PMWeb or to convert non-electronic documents to such formats. Compatible formats include: Word, Excel, AutoCAD, and PDF. 1.11 RESTRICTIONS AND LIMITATIONS A. All Project Communications submitted to the OWNER through PMWeb after 3:00 PM, Monday through Friday, will be acknowledged no earlier than the following business day. B. For Project Communication purposes, business days and hours are defined as Monday through Friday, 7:30 AM to 4:30 PM, Pacific Time, excluding the OWNER's holidays. C. User access rights to the PMWeb site will restrict access to this Contract only. LOTWP—Bonita Pump Station Internet Based Project Management Requirements Work Order 209 01320-5 90%Submittal D. Access permission levels will be established by the OWNER's PMWeb Site Administrator. 1.12 OWNER RESPONSIBILITY A. Provide the CONTRACTOR with PMWeb Use Guidelines within seven days of the effective date of Notice to Proceed. B. Provide user access to the PMWeb system for the duration of the Contract. C. Manage the permissions level for all users of the system. D. Provide PMWeb training for personnel using the system for each PMWeb user identified by the CONTRACTOR. E. Provide technical support (administration) for PMWeb, acting solely through and at the request of the OWNER. F. Provide guidelines regarding the organization and format of the PMWeb modules and the access permission requirements for each module or element thereof. G. Allow users to upload, download, view, and markup files, based on permissions. H. Track history of revisions and activities with respect to each document submitted or managed within PMWeb. I. Adjust and revise the folder structure as necessary to facilitate management of Project Communications. J. With the prior approval of OWNER, exceptions may be made to allow specific items to be transmitted, submitted, responded to, or distributed in hard copy only. In these instances, PMWeb shall be used to track and expedite processing of these items. Refer to Article 1.5B above. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP— Bonita Pump Station Internet Based Project Management Requirements Work Order 209 01320- 6 90%Submittal SECTION 01380- PHOTOGRAPHS AND DVD RECORDING PART 1 --GENERAL 1.1 REQUIREMENTS A. This Section describes photographs and color video/audio DVDs to provide a comprehensive record to document conditions prior to, during, and after construction. The photographs and video/audio DVDs are intended for use as documentation in ascertaining the extent of any damage that may have occurred as a result of the CONTRACTOR's operations and are for the protection of the OWNER and the CONTRACTOR. They shall be a means of determining whether, and to what extent, damage occurred during or after the execution of the Contract Work. PART 2— PRODUCTS (NOT USED) PART 3 — EXECUTION 3.1 GENERAL A. The CONTRACTOR shall make a thorough examination of all the existing structures, vegetation, and general condition of the WORK Site. Where surface excavations or entry onto private property are required, the CONTRACTOR shall document existing conditions with photographs for its own purposes. B. After the post-restoration DVD and photographs are taken the ENGINEER will ascertain the extent of any damage and will determine whether improvements, damaged or removed during construction, have been returned to the original or specified condition. 3.2 VIDEO RECORDINGS AND PHOTOGRAPHY A. All video/audio recordings shall be performed by a professional video and photography firm, retained by the OWNER, to provide a comprehensive video/audio recording and photography on digital media. ENGINEER will establish a mutually agreeable time with CONTRACTOR and firm to conduct the preconstruction and post-construction video and photography of the Project. Accompany ENGINEER and firm during video taping and photography. B. Prior to the start of construction, ENGINEER will schedule DVD recording and photography of all areas where the CONTRACTOR plans to excavate, stage work, or use as ingress and egress. - END OF SECTION - LOTWP—Bonita Pump Station Photographs and DVD Recording Work Order 209 01380- 1 90%Submittal SECTION 01400-QUALITY CONTROL PART 1 -- GENERAL 1.1 DESCRIPTION A. This Section specifies administrative and procedural requirements for quality control services, field inspections and field testing of civil and structural constructs required for this Project. CONTRACTOR is responsible for the quality assurance and quality control of its WORK. 1.2 DEFINITIONS A. Quality Control System (QCS): The quality control, assurance, and inspection system established and carried out to ensure compliance with the Drawings and Specifications. B. QCS Supervisor: That person in responsible charge of the WORK occurring, under contract with the CONTRACTOR and as designated in the QCS Plan. C. Factory Test: Tests made on various materials, products and component parts prior to shipment to the job site. D. Field Tests: Tests and analyses made at or in the vicinity of the job site in connection with the actual construction. E. Certified Inspection Report: Reports signed by approved inspectors attesting that the items inspected meet the Specification requirements other than any exceptions included in the report. F. Certificate of Compliance: Certificate from the manufacturer of the material or equipment identifying said manufacturer, product and referenced standard, and shall be signed by a designated officer of the manufacturer. G. Standard Compliance: Condition whereby specified materials or equipment must conform to the standards of organizations such as the American National Standard Institute (ANSI), American Society for Testing and Materials (ASTM), Underwriters Laboratories (UL) or similar organization as listed in each technical specification section. H. Quality Assurance: The day-to-day, in-process supervisory observations of work and materials conducted by the CONTRACTOR to assure that the proper methods and materials are being used and installed by tradesmen. I. Source Quality Control: The in-process testing and inspections conducted by the QCS Inspector(s) to verify that the materials, equipment, workmanship and shop manufactured constructs are in compliance with the Contract Documents, applicable Codes and standards. LOTWP—Bonita Pump Station Quality Control Work Order 209 01400- 1 90%Submittal J. Field Quality Control: The testing and inspections conducted by the QCS Inspector(s) in the field during and at the completion of each construct to verify that the in-process and completed construction is in compliance with the Contract Documents, applicable Codes and standards. 1.3 REFERENCES A. This Section contains references to the following documents. They are a part of this Section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this Section as if referenced directly. In the event of conflict between the requirements of this Section and those of the listed documents, the requirements of this Section shall prevail. B. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Invitation For Bids. If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization, or if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued, or replaced. Reference Title ASTM C102 Practice for Laboratories Engaged in the Testing of Building Sealants. ASTM C802 Practice for Conducting an Inter-Laboratory Test Program to Determine the Precision of Test Methods for Construction. ASTM C1093 Practice for Accreditation of Testing Agencies for Unit Masonry. ASTM D3740 Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. ASTM D4561 Practice for Quality Control Systems for an Inspection and testing Agency for Bituminous Paving Materials. ASTM E329 Practice for Use in the Evaluation of Inspection and Testing Agencies as Used in Construction. AISC Steel Construction Manual, 13th Edition, American Institute of Steel Construction AL SPEC Specification for Aluminum Structures Part I-A - Allowable Stress Design Part I-B—LRFD of Buildings and Similar Type Structures (Aluminum Association) ACI 318 Building Code Requirements for Structural Concrete, American Concrete Institute, latest edition OSSC 2010 Oregon Structural Specialty Code (based on the 2009 International Building Code) LOTWP—Bonita Pump Station Quality Control Work Order 209 01400-2 90%Submittal 1.4 CONTRACTOR'S RESPONSIBILITIES A. QCS Supervisor, designated by the CONTRACTOR, shall prepare an initial and final QCS plan to include all of the required information of Article 1.10. B. Monitor quality assurance over suppliers, manufacturers, products, services, Site conditions, and workmanship, to produce work of specified quality. C. Schedule specified inspections with the ENGINEER and Building Department in a timely manner. Provide normal and customary assistance to the Inspectors. D. Comply fully with manufacturers' instructions, including each step in sequence. E. Should manufacturers' instructions conflict with Contract Documents, request ENGINEER clarification before proceeding. F. Comply with specified standards as a minimum quality for the WORK except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. G. Perform WORK by persons qualified to produce workmanship of specified quality. H. Provide a statement of responsibility signed by the person in responsible charge of the construction that complies with the requirements of OSSC Section 1709 when the WORK includes a main wind or seismic force resisting system, designated seismic system or a wind or seismic resisting component. 1.5 REGULATORY REQUIREMENTS A. GENERAL: 1. Comply with all Federal, State, and local Codes as referenced herein. Such regulations apply to activities including, but not limited to, sitework and zoning, building practices and quality, on and offsite disposal, safety, sanitation, nuisance, and environmental quality. 2. CONTRACTOR designed structural systems are subject to the same overall inspection requirements as all other WORK. LOTWP— Bonita Pump Station Quality Control Work Order 209 01400 - 3 90%Submittal B. SPECIAL INSPECTION: 1. Special Inspection shall be performed by the Special Inspector under contract with the OWNER in conformance with Chapter 17 of the OSSC and each system's Specification Section. Special Inspection is in addition to, but not replacing, other inspections and quality control requirements herein. Where sampling and testing required herein conforms to Special Inspection standards, such sampling and testing need not be duplicated. C. STRUCTURAL OBSERVATION: 1. ENGINEER shall make visual inspections of the WORK to assess general conformance with the Contract Documents at significant construction stages and at completion of the structural system. 2. Unless specified otherwise on the structural Drawings, the following structural milestones shall be considered significant construction stages: a. Structure fill and deep foundations including piling. b. Foundations prepared for concrete placement, including grade beams, pile caps, strip, matt and pad footings, and monolithic slabs on grade. c. Preparation of concrete, water-retaining walls prior to placement of concrete. d. Completion of bearing walls prior to cover-up with non-structural elements, including concrete, masonry, cold formed steel, and lumber. e. Roof and floor framing, including framed and sheathed systems, slabs, and composite systems. f. Completion of lateral force resisting system elements not included in the above categories including moment connections, bracing, diaphragms, or other. g. Completion of structural system after all significant architectural, mechanical, plumbing, heating/ventilation equipment, electrical, and finish elements are installed. 1.6 FIELD SAMPLE PROCEDURES A. When field samples are specified in a unit of work, construct each field sample to include work of all trades required to complete the field sample prior to starting related field work. Field samples may be incorporated into the Project after acceptance by ENGINEER. Remove unacceptable field samples when directed by ENGINEER. Acceptable samples represent a quality level for the WORK. LOTWP—Bonita Pump Station Quality Control Work Order 209 01400-4 90%Submittal 1.7 CONTRACTOR DESIGNED STRUCTURAL SYSTEMS A. DESIGN ENGINEERING: 1. CONTRACTOR shall employ and pay for engineering services from a Professional Engineer registered in the State of Oregon for structural design of CONTRACTOR designed structural systems including but not limited to temporary shoring and bracing, anchor bolts, formwork support, concrete mix design, and precast concrete units. Support systems for plumbing, mechanical, and electrical systems and equipment are described in the Drawings and Specifications. Alternate systems proposed for use shall be engineered prior to submittal per this paragraph. B. TESTS AND INSPECTIONS OF CONTRACTOR DESIGNED STRUCTURAL SYSTEMS AND MATERIAL SOURCES: 1. Prior to the start of such work the CONTRACTOR shall pay for preliminary testing for all CONTRACTOR designed structural systems and source quality control specified materials including, but not limited to, concrete, grout, and mortar mix designs. 1.8 MANUFACTURERS' FIELD SERVICES AND REPORTS: A. When specified in individual Specification Sections, product suppliers or manufacturers shall provide qualified staff personnel to observe Site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment as applicable, and to provide instructions when necessary. CONTRACTOR shall submit qualifications of observer to ENGINEER 30 days in advance of required observations. QCS Inspector shall record observations and Site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. 1.9 JOB SITE CONDITIONS A. Schedule to ensure all preparatory work has been accomplished prior to proceeding with current WORK. Proceeding with the WORK constitutes acceptance of conditions. Allow adequate time for materials susceptible to temperature and humidity to "stabilize" prior to installation. Establish and maintain environmental conditions (i.e., temperature, humidity, lighting) as recommended by the various material manufacturers for the duration of the WORK. 1.10 SUBMITTALS A. The following information shall be provided in accordance with Section 01300-Submittals: 1. Written description of CONTRACTOR's proposed QCS plan in sufficient detail to illustrate understanding and approach. Preliminary submittal of the QCS plan may be made prior to commencing field work. The preliminary submittal will illustrate the LOTWP—Bonita Pump Station Quality Control Work Order 209 01400-5 90%Submittal Project's initial three (3) month's work, and be followed one month later by a final QCS plan submittal. 2. The QCS plan and submittal shall include: a. QSC Supervisor: Resume and/or three recent similar projects with references and contact telephone numbers or each. b. Building Department Inspections c. Special Inspections d. Quality Assurance Procedures 3. Preliminary structural observation set as described in paragraph 1.5C. 4. Complete structural system information describing CONTRACTOR designed structural systems, including sealed calculations, shop and erection drawings, product literature for the various components, ICC Evaluation Reports for structural components, and a discussion of risk issues associated with the proposed system which could adversely impact overall Project completion. 5. If requested by the ENGINEER during the WORK, manufacturer's field services and reports. 6. Statement of Contractor Responsibility per paragraph 1.4H. 1.11 PRE-CONSTRUCTION QCS MEETING A. A mandatory pre-construction meeting with the ENGINEER, QCS Supervisor, Testing Laboratory (Special Inspector), and Building Department (optional) shall be scheduled by the QCS Inspector to be held (5) days after the preliminary QCS plan is submitted. The purpose of the meeting shall include review of the submitted QCS plan and agree on the procedures to implement the plan. PART 2-- PRODUCTS 2.1 SOURCE QUALITY CONTROL A. CONTRACTOR RESPONSIBILITIES: 1. Provide source quality control according to the reviewed and accepted QCS plan and paragraph 1.4 herein. Coordinate with ENGINEER to facilitate the work of the QCS Supervisor, and OWNER's testing laboratory and Special Inspector. Provide ready access to sampling and inspection locations and incidental labor customary in such sampling and inspections. Timely prepare and submit submittals, and revise as LOTWP—Bonita Pump Station Quality Control Work Order 209 01400-6 90%Submittal indicated by review comments. Comply with technical requirements in each Specification Section that applies to the WORK. B. ENGINEER RESPONSIBILITIES: 1. Review CONTRACTOR's tracking of QCS activities at monthly meetings. Facilitate completion of submittal review per Section 01300 - Submittals. Assist CONTRACTOR to ensure that Special Inspection occurs where and when specified. C. ACCEPTANCE CRITERIA: 1. Acceptable characteristics and quality of a particular item or construct is defined in that item's or construct's specification section. PART 3 -- EXECUTION 3.1 FIELD QUALITY CONTROL A. Acceptable characteristics and quality of a particular item or construct is defined in that item's or construct's Specification Section. 3.2 CORRECTION OF DEFECTIVE WORK: A. Remove and replace defective, rejected, and condemned WORK at CONTRACTOR's expense until such WORK meets the requirements of Contract Documents. 3.3 EXCESSIVE RE-INSPECTION: A. Excessive re-inspection is any required inspection after the first re-inspection which is necessitated by prior inspection failures or cancelled inspections for that item. CONTRACTOR shall reimburse OWNER for this excessive re-inspection at cost on a monthly basis. - END OF SECTION - LOTWP—Bonita Pump Station Quality Control Work Order 209 01400-7 90%Submittal SECTION 01545 - PROTECTION AND MAINTENANCE OF PROPERTY, WORK,AND UTILITIES PART 1 -- GENERAL 1.1 DESCRIPTION A. Protect all public and private property, insofar as it may be endangered by the WORK and take precaution to avoid damage to such property. B. Protect and maintain utilities encountered in WORK, or affected by WORK in their existing or temporary locations. C. Restore and repair any public or private improvement facility, structure or land and landscaping that is removed, damaged or injured directly or indirectly by or on account of an act, omission, or neglect in the execution of the WORK. All removed or damaged property and/or structures shall be restored/repaired to a condition equal or better than the pre-construction condition. • D. Where entry onto private property is required, see Section 01600 - Community Relations for OWNER notification requirements. Give minimum fourteen (14) days notice to ENGINEER and to occupants of buildings on property adjacent to the WORK to permit the occupants to remove vehicles, trailers and other possessions as well as salvage or relocate plants, trees, fences, sprinkler systems, or other improvements within the limits of the WORK which are designated for removal or which might be destroyed or damaged by WORK operations. E. Protect all designated trees (within drip line), lawns and planted areas within the limits of the WORK, or the public right-of-way in accordance with Section 02231 - Tree Protection and Trimming. Restore all on-surface disturbed areas by providing erosion control as set forth in Section 01710 - Final Cleanup. If conditions are such that seeding cannot be done, provide temporary erosion control measures and BMP's in accordance with Section 01561 - Stormwater Pollution Prevention, Water Quality, and Environmental Controls, or as otherwise approved by ENGINEER. F. Review with ENGINEER the location, limits and methods to be used prior to clearing work. Perform clearing and grubbing in strict compliance with all local, State and Federal laws and requirements pertaining to clearing and burning, and particularly in conformity with the provisions of ORS Chapter 477, and all subsequent amendments. G. Provide for the flow of sewers, drains, or water courses interrupted during the progress of the WORK, and restore such drains or water courses. 1.2 NOTIFICATION OF UTILITIES AND OTHER AGENCIES A. In areas where the CONTRACTOR's operations are adjacent to or near a utility and such operations may cause damage which might result in utility owner's expense, loss and inconvenience, the operations shall be suspended until all arrangements necessary for the protection thereof have been made by the CONTRACTOR. LOTWP—Bonita Pump Station Protection and Maintenance of Property,Work, and Utilities Work Order 209 01545- 1 90%Submittal 1. The CONTRACTOR shall, prior to performing any excavation, comply with provisions of ORS 757.557. The CONTRACTOR shall notify all utility offices which may be affected by the construction operation at least 48 hours in advance. Before exposing any utility, the utility having jurisdiction shall grant permission and may oversee the operation. Should service of any utility be interrupted due to the CONTRACTOR's operation, the proper authority shall be notified immediately. It is of the utmost importance that the CONTRACTOR cooperate with said authority in restoring the service as promptly as possible. B. Request onsite utility locations by phone or email prior to working in said areas during progress of the WORK. The CONTRACTOR is responsible for providing notification to the correct contact person. C. Call Oregon Utility Notification Center to contact Utility owners for locating their underground facilities. Online service is available at: www.callbeforeyoudig.org 1. Copies of the applicable rules may be obtained by calling the center at 503-232-1987. 2. Notify the Center in conformance with OAR Chapter 952, Division 1. Call at least 48 hours in advance of digging operations but not more than 10 days in advance. Notify any other utilities and/or companies with private facilities located in the working area. Also contact those utilities who do not subscribe to the Utility Underground Location Center. D. Make excavations and borings ahead of WORK, as necessary, to determine the exact location of interfering utilities or underground structures. E. The right is reserved to the ENGINEER and the owners of utilities, or their authorized agents, to enter upon the street right-of-way for the purpose of making changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs. Cooperate with forces engaged in this work and conduct operations in such a manner to avoid any unnecessary delay or hindrance to the work being performed by other forces. F. Arrange and facilitate a meeting at the Site with the ENGINEER and respective utility representatives for the utilities to be affected by the WORK at least seven (7) days prior to WORK in the vicinity of the specific utility unless otherwise specified. G. In addition to the requirements of any applicable utility permit, street use permit or franchise relating to this Contract, conform to standard plans and specifications of the agency which controls the use of the right-of-way in which this WORK is performed. 1.3 INTERRUPTION OF UTILITY SERVICE A. Indicate required shutdowns of existing utilities or interruptions of existing operations on the CPM Construction Schedule. LOTWP—Bonita Pump Station Protection and Maintenance of Property,Work,and Utilities Work Order 209 01545 -2 90%Submittal B. Submit requests for interruptions to utility service not less than ten (10) business days in advance of the date scheduled for the interruption. C. Following receipt of the request, ENGINEER will notify CONTRACTOR if the requested date will be permitted. Evaluation of the request will be based upon the availability of the utility owner's personnel to assist and monitor utilities during the shutdown period and to mitigate impact to customer service. D. Minimize the period of interruption by thorough advance planning. Procure required materials, equipment and labor and have on hand during the shutdown. E. Do not begin interruption until written authorization is received from ENGINEER. 1.4 SIGNAGE A. Do not remove warning, regulatory, guide, or Project signs prior to formal acceptance. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 INSTALLATION A. Verify location, function and condition of each of the affected structure or utility systems prior to commencing WORK in the area. 3.2 UNSAFE AND UNSUITABLE STRUCTURES AND UTILITY SYSTEMS A. Notify ENGINEER if the condition or location of the facility to be supported in place will require a modification to the support system as initially proposed or installed. Coordinate the revised support system through the ENGINEER. 3.3 WATER, SANITARY SEWER, AND STORM SEWER FACILITIES A. Maintain service of existing facilities and temporary support and protection of City of Tigard water, sanitary sewer, and storm sewer facilities during construction. B. Do not operate or work on any portion of the live distribution or collection system. In the event of damage, notify the ENGINEER and City of Tigard. Notify ENGINEER for WORK on private systems and obtain necessary permits. 3.4 ELECTRIC DISTRIBUTION FACILITIES A. Maintain continuity of existing facilities including power to interim street lighting and traffic signals, support in place and protect power facilities during construction. LOTWP—Bonita Pump Station Protection and Maintenance of Property, Work, and Utilities Work Order 209 01545 - 3 90%Submittal B. Where facilities are to be relocated, rerouted, abandoned, or taken out of service, the appropriate power utility will perform the WORK. C. Provide personnel, material, lifting devices and working surfaces to enable the power utility forces to service, maintain, and repair if necessary any power lines suspended over excavations within the scope of the Project. 1. Provide all lifting devices and working surfaces that meet applicable safety requirements. 2. Within one hour of notification by the ENGINEER, make such lifting devices and working surfaces available for the appropriate power utility use and provide and operate said devices and surfaces continually until the appropriate power utility servicing, maintenance, and repair is complete. 3. Maintain safe working clearances as required by law. 3.5 GAS FACILITIES A. Provide notice to NW Natural if gas facilities will be impacted by the WORK. NW Natural will provide temporary service to local customers. This work will require coordination. Support facilities in use in place. 3.6 TELEPHONE, TELEGRAPH, CABLE, AND FIBER OPTIC FACILITIES A. Maintain continuity of existing facilities, support in place and protect telephone, telegraph, cable, and fiber optic facilities during construction. B. Where facilities are to be relocated, rerouted, abandoned, or taken out of service, the appropriate utility will perform the work. C. Support utilities to be left in place. Furnish, install, and maintain hangers and temporary support members. 3.7 FIRE PROTECTION SYSTEMS A. Maintain service of all fire protection systems including fire water piping supply systems and fire hydrants unless approved in writing by the ENGINEER. B. Perform WORK on fire protection systems only as directed by the ENGINEER. C. Notify Tualatin Fire and Rescue Department 7 days in advance whenever water service is to be interrupted, whenever hydrants are to be shut off, and whenever fire truck lane access is to be temporarily blocked off. 1. Contact fire department dispatcher. LOTWP—Bonita Pump Station Protection and Maintenance of Property, Work, and Utilities Work Order 209 01545-4 90%Submittal 3.8 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations. B. Provide protection for plant life designated to remain. Replace damaged plant life. C. Protect non-owned vehicular traffic, stored materials, Site and structures from damage. 3.9 PROTECTION OF INSTALLED WORK A. Provide temporary and removable protection for installed equipment and materials. Control activity in immediate work area to minimize damage. B. Prohibit traffic from landscaped areas. - END OF SECTION - LOTWP— Bonita Pump Station Protection and Maintenance of Property, Work, and Utilities Work Order 209 01545 - 5 90%Submittal SECTION 01550—SITE ACCESS, STAGING AND STORAGE PART 1 -- GENERAL 1.1 CONTRACTOR'S WORK AND STORAGE AREAS A. Portions of the Site areas for CONTRACTOR's use during the term of the Contract as a, stockpiling, storage, staging and shop area for construction operations on the WORK are indicated on the Drawings. At completion of the WORK, the CONTRACTOR shall restore these areas to their original condition, including grading, surfacing and landscaping, unless otherwise indicated in this Section, on the Drawings, or by the ENGINEER. B. Should the CONTRACTOR find it necessary to use any additional land for its operations or for other purposes during the construction of the WORK, it shall arrange for the use of such lands at its own expense. PART 2-- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 PUBLIC ACCESS A. Continuous, unobstructed, safe, and adequate pedestrian and vehicular access shall be provided to fire hydrants, commercial and industrial establishments, private residences, churches, schools, parking lots, service stations, motels, fire and police stations, and hospitals. Continuous emergency vehicle access shall be provided through work areas in public roadways. The CONTRACTOR shall cooperate with parties involved in the delivery of mail and removal of trash and garbage so as to maintain existing schedules for such services. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time, as approved by the ENGINEER. 1. If exceptions are necessary, notify OWNER so that OWNER can secure written consent of individuals or authorities concerned to permit such temporary construction associated with access points. 2. Prior to excavation, deliver written consent to ENGINEER; provide OWNER at least 48 hour advance notice. 3. Plan and perform the construction work so that all adjacent businesses have access at all times. Maintain clear communication and scheduling with the business owners and residents at all times. LOTWP—Bonita Pump Station Site Access, Staging and Storage Work Order 209 01550-1 90%Submittal 4. Access to the WORK shall be provided as may be required by the OWNER or its representatives, and all authorized representatives of the state and federal governments and any other agencies having jurisdiction over any phase of the work, for inspection of the progress of the work, the methods of construction or any other required purposes. 5. Site security fencing shall be installed to prevent public access to the work site. Security fencing shall be installed and approved by ENGINEER. 6. Signage shall be required to prevent pedestrians from entering the construction site. 3.2 STAGING AND STORAGE AREAS A. Staging areas for CONTRACTOR personnel, materials, and equipment may occur at the following sites. Staging area use shall only be allowed with the following limitations stated in this specification. CONTRACTOR will inspect and become familiar with the existing conditions at each site prior to Mobilization. CONTRACTOR shall not be required to use or develop all sites. The following conditions apply to the sites if they are used by the CONTRACTOR: Location Required Activities Bonita Pump At the end of each work day, provide locked gate to restrict Station Property. unauthorized access to the staging area. West End Building, Location that may be used for employee parking. 4101 Kruse Way 3.3 TEMPORARY CONSTRUCTION ACCESS AND PARKING AREAS A. Locate any temporary construction roads, drives, walks, and parking facilities to provide uninterrupted access to construction offices, mobilization, work and storage areas, and other areas required and approved by the OWNER. B. Street parking is not allowed. Provide shuttle vehicles to transport workmen to the Project Site. The OWNER is providing parking lot area at the West End Building in Lake Oswego for CONTRACTOR's employee carpool parking. C. Traffic and parking areas shall be maintained in a sound condition, free of excavated material, construction equipment, mud, and construction materials. 3.4 WORK AND STORAGE AREA A. Make arrangements for any additional off-site storage or shop areas necessary for the proper execution of the WORK at no additional cost to the OWNER. LOTWP— Bonita Pump Station Site Access,Staging and Storage Work Order 209 01550-2 90%Submittal 3.5 ROADWAY LIMITATIONS A. The CONTRACTOR shall make its own investigation of the condition of available public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress to the site of the WORK. It shall be the CONTRACTOR's responsibility to construct and maintain any temporary haul roads required for its construction operations. - END OF SECTION - LOTWP— Bonita Pump Station Site Access, Staging and Storage Work Order 209 01550-3 90%Submittal SECTION 01560-NOISE MITIGATION PART 1 --GENERAL 1.1 DESCRIPTION A. Provide and maintain methods, equipment and temporary construction, as necessary to provide noise mitigation. 1.2 REFERENCES A. Noise regulations: City of Tigard Municipal Code (Chapter 6.02), Washington County Code (Chapter 8.24), and Oregon Administrative Rules (Rule 340-035). 1.3 SUBMITTALS A. The following submittals shall be provided in accordance with Section 01300- Submittals: 1. A Noise Mitigation Plan (NMP) shall be submitted by CONTRACTOR. The Noise Mitigation Plan shall state measures to be taken, equipment selection and guidelines for employees to minimize and mitigate construction noise. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 NOISE MITIGATION A. All equipment used in commercial activities shall have sound control devices no less effective than those provided on the original equipment and no equipment shall have an un-muffled exhaust. B. Schedule noisy operations to limit their duration. 1. Locate noisy portable equipment, such as generators or compressors, as far away from residential receptors as practicable. 2. Shut off idling equipment when not in use. 3. Give advance notice to nearby residents of the time periods when noisy work will be occurring. 4. Trucks are prohibited from using un-muffled compression brakes. 5. Secure all loose equipment on every truck or piece of vibrating equipment so as to prevent such equipment from generating noise when the truck or equipment is in LOTWP—Bonita Pump Station Noise Mitigation Work Order 209 01560-1 90%Submittal motion. This applies to cargo, tie-down equipment, parts of the truck, and any other item that could generate noise during truck or equipment movement. C. Provide notification of special circumstances or emergency conditions that require WORK beyond the hours specified above as follows: 1. Notify the ENGINEER 48 hours in advance of any proposed extended work hours for preauthorization. Include a written request for authorization addressed to City of Tigard, to perform WORK specified and the circumstances that warrant this request. Include the duration for which the work hour variance is to apply. Include any additional measures to mitigate noise generated by this construction activity if deemed necessary by ENGINEER. 2. If an emergency situation occurs that warrants extended hours, notify ENGINEER immediately upon determining the need for this WORK. D. All road plates shall have asphalt concrete ramps at traveled perimeter and rubber gaskets at overlapping plates. E. Noise Mitigation Plan elements: 1. Self-certify in the Noise Mitigation Plan that all construction tools and equipment have been maintained so that they operate at normal manufacturer's operating specifications, including at peak loading. 2. Mitigate noise from construction devices with internal combustion engines by ensuring that the engine's housing doors are kept closed, and by using noise-insulating material mounted on the engine housing that does not interfere with the manufacturer's guidelines for engine operation or exhaust. Further reduce noise by operating the device at lower engine speeds during the WORK to the maximum extent possible. 3. Vehicle engine idling on site shall be minimized. 4. Back-up alarms shall have adjustable volume control and be used in accordance with OSHA standards. 5. Create and utilize a noise mitigation training program, which shall be implemented for all field-worker supervisory personnel including sub-contractor supervisors. -END OF SECTION- LOTWP—Bonita Pump Station Noise Mitigation Work Order 209 01560-2 90%Submittal SECTION 01561 - STORM WATER POLLUTION PREVENTION, WATER QUALITY, AND ENVIRONMENTAL CONTROLS PART 1 -- GENERAL 1.1 DESCRIPTION A. Provide and maintain methods, equipment and temporary construction, as necessary to provide control over environmental conditions at the construction site and related areas under CONTRACTOR's control including, but not limited to stormwater, erosion and sediment control, pollution control and spill prevention, air and water quality, and solid and hazardous waste control. B. Provide for preservation of potential historical architectural, archeological, or cultural resources. 1.2 REQUIREMENTS A. Comply with the requirements of the following permits and authorizations regarding stormwater pollution prevention, erosion, sediment, and water quality control: 1. NPDES 1200-C General Permit for Stormwater Discharges Associated with Construction Activity ("1200-C PERMIT"), including the Erosion and Sediment Control Plan ("ESCP") as included on the Drawings and any approved addenda to the ESCP (CONTRACTOR SUBMITTED "Action Plans"). Compliance with all required monitoring and reporting will be provided by the OWNER. 2. The applicable national, regional, and Project-specific conditions of the U.S. Army Corps of Engineers (Corps) 2007 Nationwide Permit Nos. 12 (Utility Line Activities) and 33 (Temporary Dewatering) ("NATIONWIDE PERMITS") 3. The applicable conditions of the Oregon DEQ Water Quality Certification for the 2007 Nationwide Permit Program ("WATER QUALITY CERTIFICATION") 4. Ambient Air Quality Regulations: National Ambient Air Quality Standards (NAAQS). U.S. Environmental Protection Agency (EPA) Regulations and Clean Air Act (40 CFR, Part 50, Title 1, Part A Sections 108 and 109) 5. Solid Waste and Hazardous Waste Regulations: Applicable EPA and Oregon DEQ solid waste, hazardous waste, soil quality, and "clean fill" guidelines and regulations; 6. City of Tigard Erosion Control Permit; 7. City of Tigard Municipal Code; 8. Washington County and other local agency codes and requirements. LOTWP— Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561 - 1 B. If the requirements and conditions set forth in any applicable permits are inconsistent with, or contrary to, the requirements and conditions described in these Specifications, the permits will take precedence. C. Comply with the requirements of the NATIONWIDE PERMITS, REMOVAL-FILL PERMIT, WATER QUALITY CERTIFICATION and applicable Oregon regulations (e.g., OAR 340-041- 0036), including but not limited to: 1. All practical Best Management Practices (BMPs) shall be implemented onsite during construction in and around wetlands. 2. Biologically harmful materials and construction debris including, but not limited to: petroleum products, chemicals, cement cured less than 24 hours, welding slag and grindings, concrete saw cutting by-products, sandblasted materials, chipped paint, tires, wire, steel posts, asphalt and waste concrete shall not be placed in wetlands. D. Comply with the requirements, prohibitions and limitations of the 1200-C PERMIT, including but not limited to: 1. Stormwater discharge shall not cause or contribute to a violation of applicable water quality standards and shall meet applicable provisions of Sections 301 and 402 of the Clean Water Act (CWA) and delegated State of Oregon laws and regulations. 2. Discharge of materials other than stormwater (non-stormwater discharges) to the storm drain system is prohibited, except for non-stormwater discharges expressly authorized under Schedule A of the 1200-C PERMIT. Prohibited non-stormwater discharges include, but are not limited to, discharges from wheel washing, concrete washouts, and truck washing activities. 3. The discharge of significant amounts of sediment to surface waters or conveyance systems leading to surface waters shall be prevented. E. Ensure sediment resulting from construction activities does not leave the Site, enter neighboring property, or enter any stormwater management system; failure to do so may result in immediate municipal court citations. 1.3 COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM A. The CONTRACTOR shall be solely responsible for complying with all erosion and sediment control requirements and for otherwise preventing contamination of stormwater from the general construction activities. The CONTRACTOR shall be solely responsible for fines, penalties or damages which result from his failure to so comply. B. Action Plans: Oregon NPDES 1200-C Permit and accompanying Erosion and Sedimentation Control Plan (ESCP) have been prepared by the OWNER for areas to be disturbed as shown on the Contract Drawings. Upon Contract award, the Permit will be transmitted by the OWNER to the CONTRACTOR. Through submittal of Action Plans for review and approval, LOTWP—Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561-2 the CONTRACTOR may then propose revision to best illustrate the CONTRACTOR'S planned ESCP and BMP's at each location within the Project that requires an Action Plan. The ESCP and Action Plans identify BMPs to prevent contamination of stormwater and includes the elements specified in Schedule A of the 1200-C PERMIT, and discusses management of non- stormwater sources (i.e., landscaping irrigation, pipe flushing, street washing and dewatering) as per the requirements of the 1200-C PERMIT. The CONTRACTOR shall submit the Action Plans to the OWNER for submittal to Oregon DEQ. Any comments from DEQ to the Action Plans will be returned to the CONTRACTOR for response and Action Plan updating, in a timely manner, prior to re-submittal to DEQ and ultimate approval. The ESCP and Action Plans shall be approved by DEQ prior to initiation of ground disturbing activities. The CONTRACTOR shall be responsible for full implementation of the ESCP and Action Plans and shall take proper actions to prevent contaminants, including sediment, from entering the storm drain system or otherwise being conveyed to Waters of the State. Take immediate corrective action if directed by the OWNER or ENGINEER, or if the CONTRACTOR observes contaminants, including sediment entering the storm drain system. 1. Notify the OWNER of the need to prepare additional Action Plans to amend the ESCP, whenever there is a change in construction activities or operations that may affect the discharge of significant quantities or pollutants to surface waters, ground waters, storm drainage systems. The ESCP shall be amended via Action Plans if the ESCP is in violation of conditions of the NPDES 1200-C PERMIT, or has not effectively achieved the objective of reducing pollutants in stormwater discharges. 1.4 PRESERVATION A. Except in areas to be cleared, the CONTRACTOR shall not remove, cut, deface, injure, or destroy trees or shrubs without the consent and permission of the OWNER. B. If unavoidable riparian or wetland vegetation is disturbed, CONTRACTOR shall re-establish the vegetation to function for water quality benefit at pre-project levels at the completion of the WORK. Refer to Section 02231 - Tree Protection and Trimming for additional information. 1.5 SUBMITTALS A. The following submittals shall be provided in accordance with Section 01300 - Submittals: 1. Environmental Management Plan (EMP). Prepare and submit a Project-specific EMP. Categories listed below shall be addressed in the CONTRACTOR's EMP: a. Housekeeping b. Air Pollution Control c. Dust Control d. Debris Control LOTWP— Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561 - 3 e. Protection of Installed Work 2. Spill Prevention, Control, and Countermeasures Plan (SPCC Plan). Prepare and submit a Project-specific SPCC Plan. Categories listed below shall be addressed in the CONTRACTOR's SPCC Plan: a. Site Information: Identify general Site information useful in construction planning, recognizing potential sources of spills, and identifying personnel responsible for managing and implementing the plan. b. Project Site Description and Pollution Source Identification: Identify staging, storage, maintenance, and refueling areas and their relationship to drainage pathways, waterways, and other sensitive areas. Specifically address: 1) The CONTRACTOR's equipment maintenance, refueling, and cleaning activities. 2) The CONTRACTOR's on-site storage areas for solid waste and hazardous materials and disposal areas. 3) The CONTRACTOR's transport, handling, and off-site disposal procedures for solid waste and hazardous materials. c. Spill Prevention and Containment Measures: For each of the locations and potential pollution sources identified in the preceding paragraph, specifically address: 1) Spill prevention and containment measures to be used at each location and pollution-generating activity. 2) The methods of collecting, diverting, treating, and/or disposing of runoff from each location and pollution-generating activity. 3) The methods of managing, containing, and disposing of non-stormwater discharges and waste streams, for example, truck wash or wheel wash water. d. Spill Response: CONTRACTOR shall outline spill response procedures including assessment of the hazard; securing spill response and personal protective equipment; containing and eliminating the spill source; and mitigation, removal and disposal of the material. e. Standby, On-Site, Material and Equipment: The plan shall identify the equipment and materials the CONTRACTOR will maintain on site to carry out the preventative and responsive measures for the items listed. f. Reporting: The plan shall list all federal, state and local agency telephone numbers the CONTRACTOR must notify in the event of a spill. LOTWP—Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561 -4 g. Program Management: Identify Site security measures, inspection procedures and personnel training procedures as they relate to spill prevention, containment, response, management and cleanup. h. Pre-existing Contamination: If pre-existing contamination in the Project area is described elsewhere in the Plans or Specifications, the SPCC Plan shall indicate measures the CONTRACTOR will take to conduct WORK without causing further release or spreading of the contaminated materials. i. Temporary Fuel Storage and Handling. Fuel storage tanks shall be placed within a secondary containment area of sufficient size and strength as to contain a minimum of 150 percent of the volume stored and meet local fire code rules and regulations. To the maximum extent practicable, vehicle staging, cleaning, maintenance, refueling, and fuel storage shall occur 150 feet or more from any Waters of the State. Refueling of equipment within the containment areas shall be addressed in the plan. Fuel handling procedures shall conform to 33 CFR 156.150 and 46 CFR 35.35-30. j. Attachments to the SPCC Plan provided by the CONTRACTOR shall include: 1) Site plan showing the locations identified in the Project Site Description, Pollution Source Identification, and the Spill Prevention and Containment Sections noted previously. 2) Spill and Incident Report Forms, if any, that the CONTRACTOR will be using. 1.6 CULTURAL RESOURCES PRESERVATION A. The CONTRACTOR's attention is directed to the National Historic Preservation Act of 1966 (16 U.S.C. 470) and 36 CFR 800 which provides for the preservation of potential historical architectural, archeological, or cultural resources (hereinafter called "cultural resources"). PART 2-- PRODUCTS (NOT USED) PART 3-- EXECUTION 3.1 GENERAL A. Exercise every reasonable precaution, including temporary and permanent measures, throughout the duration of the Project to control erosion and prevent or minimize pollution of Waters of the State. Erosion and sediment control measures shall be applied to erodible material exposed or disturbed by direct construction activities. B. The CONTRACTOR shall be responsible throughout the duration of the Project for installing, constructing, inspecting and maintaining the Best Management Practices (BMPs) specified in the ESCP and amendments thereto (Action Plans), the SPCC Plan and the EMP, and for LOTWP— Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561-5 removing and disposing of the BMPs at the end of the Project and returning the work area to pre-construction conditions. This includes BMPs for soil stabilization, sediment and turbidity control, dust control, tracking control, management of non-stormwater discharges, and management of solid waste and hazardous materials. C. Unless otherwise approved by ENGINEER, the CONTRACTOR's responsibility for implementation and maintenance of erosion control and pollution control BMPs shall continue throughout temporary suspensions of WORK. 3.2 PROTECTION OF SURFACE WATER RESOURCES A. Execute construction work adjacent to Waters of the State in compliance with the requirements of the NATIONWIDE PERMITS, REMOVAL-FILL PERMIT, and WATER QUALITY CERTIFICATION, including but not limited to the following: 1. Implement, inspect, and maintain BMPs to control erosion and turbidity generation in the direct Project work areas, including control of soil and sediment disturbed by construction equipment and direct work activities. 2. Construction access points through, or staging areas in, wetland areas shall use removable pads or mats to prevent soil compaction. Temporary fills used for construction access or other purposes must be removed in their entirety at the conclusion of the WORK, returned to pre-construction elevations, and revegetated as appropriate. 3. Dewatering water generated by the dewatering of construction pits and trenches shall be managed to minimize turbidity and to comply with the terms and conditions of the WATER QUALITY CERTIFICATION in any discharges to Waters of the State. 4. Cement and concrete cured for less than 24 hours shall be contained and isolated, and shall not be allowed to come into contact with surface water. Caulk all concrete forms to ensure the forms are watertight and there will be no leaks. 5. An adequate supply of spill containment and response materials (for example, straw matting/bales, geotextiles, booms, diapers, and other absorbent materials) must be maintained at the Project Site, as well as personnel trained in their use and deployment. 6. In the event that petroleum products, chemicals, or other deleterious materials are discharged into Waters of the State, or onto land with a potential to enter Waters of the State, immediately report the discharge to the ENGINEER. CONTRACTOR shall also notify the Oregon Emergency Response Service (1-800-452-0311) as appropriate. 3.3 SPILL PREVENTION AND RESPONSE A. General Spill Prevention and Response Measures: The CONTRACTOR shall be responsible for minimizing the potential for spills of pollutants stored onsite. Leaks and spills shall be minimized and if observed, shall be mitigated promptly. The following spill prevention and LOTWP— Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561-6 response measures, at a minimum, shall be performed by the CONTRACTOR in compliance with applicable permits and regulations: 1. Be aware of potential spill areas, pollution sources, and drainage routes in the work areas. 2. Containers shall remain closed except when transferring contents. 3. Employees shall not attempt to carry or move heavy containers of oil or hazardous material without assistance or the use of a drum dolly. This activity shall proceed in accordance with the CONTRACTOR'S Health and Safety Plan. 4. Employees shall use funnels, pumps with closed hose systems, or other means to prevent spills while transferring material from large containers to small ones. When using a pump, the equipment shall not be unattended while in use. 5. Hazardous materials shall be stored in designated areas that are away from vehicle/traffic areas. Prevent release of construction pollutants, such as cement, mortar, paints, solvents, fuel, and other materials. A list of hazardous materials requiring spill reporting under the National Contingency Plan, and their reportable quantities, are listed under 40 CFR 302.4. Reporting requirements for the State of Oregon are listed under OAR 340-142. 6. CONTRACTOR's personnel shall immediately notify their supervisor of spills occurring in the work area. The supervisor shall direct the cleanup activities and contact necessary regulatory agencies. Emergency telephone numbers shall be contained in the SPCC Plan and posted at the construction site at a location accessible to personnel. 7. The CONTRACTOR's personnel shall know the proper methods to clean up small spills in their work area, and how to manage and dispose of spent cleanup materials. L. 8. Spill cleanup material and equipment shall be readily available onsite for use in emergency response and spill control. 9. Steps taken to control spills in the field shall be recorded and documented. 10. Maintain a copy of the SPCC Plan at the work site, including any necessary updates as the WORK progresses. B. Implementation requirements: Implement prevention and containment measures identified in the SPCC Plan prior to performing any of the following activities: 1. Placing materials or equipment in staging or storage areas 2. Equipment refueling and maintenance 3. Equipment washing 4. Stockpiling contaminated or hazardous materials LOTWP—Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561-7 C. Oil, Fuel, and Other Petroleum Products: The discharge of oil, fuel, or other petroleum products onto the ground or into Waters of the State is a violation of state soil and water quality regulations and is strictly prohibited (see OAR 340-142). At a minimum, perform the following spill prevention, containment and clean-up measures regarding oil, fuel, and other petroleum products: 1. Inspect fuel hoses, lubrication equipment, hydraulically operated equipment, oil drums, and other equipment and facilities regularly for drips, leaks, or signs of damage, and maintain and store such equipment properly to prevent spills. Maintain proper security to prevent vandalism. 2. In the event of any oil or petroleum product discharge into public waters, or onto land with a potential for entry into public waters, immediately notify the following agencies at their listed 24-hour response numbers: a. DEQ, Northwest Regional Office 503-229-5263/ 24-hour 1-800-452-0311. b. Oregon Emergency Response System (OERS) 1-800-452-0311. 3. At a minimum, maintain on the job site, and restock as necessary to ensure an adequate and continuous supply, the following materials: a. Oil-absorbent pads or bulk material, adequate for coverage of 200 square feet of surface area. b. Hay bales. c. Oil dryall, gloves and plastic bags. d. Oil absorbent material, such as kitty litter or sawdust, for material spills on land.] 3.4 EROSION AND SEDIMENT CONTROL A. BMPs for erosion and sediment control shall be implemented, inspected, and maintained in accordance with the guidelines provided in DEQ's Sediment and Erosion Control Manual (April 2005, or latest edition) and the approved DEQ 1200-C Permit Erosion and Sediment Control Plans. B. The CONTRACTOR's BMPs for erosion and sediment control shall include, at a minimum: 1. Perimeter Controls: Perimeter controls (including the use of silt fences, straw wattles, fiber rolls, and/or staked hay bales) shall be installed to control off-site sediment transport and release of sediments from work areas into the storm drain system, the lake, or other surface water courses. Perimeter controls shall be installed at locations and to the limits shown on the approved ESCP, Action Plans, and as otherwise directed by the ENGINEER. Soil disturbed areas shall be fully protected with soil stabilization and sediment control BMPs prior to the onset of precipitation. Maintain the alignment and condition of the perimeter controls, as necessary, throughout their use on the LOTWP—Bonita Pump Station Storm Water Pollution Prevention,Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561 -8 Project, and relocate the controls as necessary to target construction operations. Upon completion and/or as directed by the ENGINEER, remove the perimeter controls from the Project. 2. Erosion Protection: Erosion protection BMPs shall be adaptively implemented to control scour and gully formation in soil or sediment in disturbed construction areas. Erosion protection BMPs may include, but are not limited to, biodegradable jute mats, hay/straw mulch, and bonded fiber matrices. The use of armor stone is prohibited. 3. Storm Drain Inlet Protection. Install and maintain inlet protection for local stormwater inlets. Inlet protection BMPs shall consist of filter fabric, gravel bags, or fiber rolls. Clean out storm drain inlets that become clogged with dust, debris, mud, and other materials. 4. Construction Entrances: Construct construction entrance(s) as shown on the Drawings. The gravel entry shall be in place prior to excavation, earthmoving operations, or major deliveries. Inspect the entry daily. In the event that the gravel entry becomes clogged with soil, it shall be cleaned. 5. Truck Wash Facilities: If truck wash facilities are required, the proposed location(s) must be fully documented in the SPCC Plan, as well as the methods for containing, treating, and discharging or disposing truck wash or wheel wash water. 6. Truck Wash Water: Shall be fully contained and reused or treated to remove sediment and reduce turbidity before discharging to Waters of the State in accordance with the WATER QUALITY CERTIFICATION. Treatment options may include settling, flocculation, and/or filtration, and/or use of a silt curtain in the receiving water. If an oily film, sheen, or slick is observed on the surface of the wash water, it must additionally be treated to remove the petroleum residues. 7. Management of Dewatering Water: Dewatering water generated during work in construction pits or trenches shall be managed to control turbidity impacts in Waters of the State and comply with the WATER QUALITY CERTIFICATION. Dewatering discharges shall also comply with the terms and conditions of the 1200-C PERMIT. At a minimum, sump pumps and dewatering wells shall be encased in a sand filter pack, or suitable alternative, to reduce turbidity during dewatering. Dewatering water shall be discharged according to the permit. The CONTRACTOR is responsible for implementing any additional BMPs that may be required. 8. Dust Control: a. Employ construction means and methods that will minimize airborne dust. The CONTRACTOR shall be responsible for dust control and furnish labor, equipment, and other means required to carry out proper and efficient dust control measures. Dust control is necessary to prevent operations from producing dust damage, health impacts and nuisance to persons, environment and/or property. Claims LOTWP— Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561-9 from regulatory agencies or the public resulting from dust damage or nuisance shall be borne solely by the CONTRACTOR. b. Provide spray water, using hoses, on the Project, and on roads and other areas immediately adjacent to the Project limits, wherever traffic, or buildings that are occupied or in use, are affected by such dust caused by hauling or other operations. The materials and methods used for water spraying shall be included in the ESCP and subject to acceptance by the ENGINEER. Provide for prompt and proper removal from existing roadways of dirt and other materials that have been spilled, washed, tracked or otherwise deposited thereon by hauling and/or other operations. Roadways surrounding demolition and construction areas, and along paved haul routes, shall be swept at least once per day. 9. Other Required BMPs: a. Monitor all onsite vehicles for leaks or evidence of external petroleum contamination. Inactive equipment shall be stored with drip pans to contain fluid leaks. Drip pans containing oil shall be drained into waste oil drums on a regular basis. b. Vehicle staging, cleaning, maintenance, refueling, and fuel storage shall occur in a vehicle staging area placed 150 feet or more from any Waters of the State. If this distance is not feasible due to physical or other constraints, exceptions for some activities may be considered if accompanied by an adequate level of spill control and containment. The ENGINEER should be informed of the need for any such deviations as quickly as possible in case regulatory consultations are needed. c. Portable sanitary facilities and trash dumpsters shall be serviced regularly by licensed waste material handlers. d. Hazardous material stored onsite shall be stored in secondary containment to prevent spills and leaks. The containment shall be covered with temporary covers or tarps to prevent stormwater contact. e. Minimize wind and water erosion on temporary stockpiles by spraying with water during the dry season and covering during the wet season. Cover and protect inactive stockpiles. f. Minimize the area and length of time for clearing and grading. g. Original labels and Material Safety Data Sheets (MSDS) shall be retained and filed in the jobsite office for periodic review by the ENGINEER, and to aid in the handling, usage and disposal of hazardous products. LOTWP—Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561 - 10 3.5 CHEMICALS AND HAZARDOUS MATERIALS USED ON SITE A. Only chemicals approved by the U.S. Department of Agriculture and U.S. Environmental Protection Agency may be used. B. All hazardous or potentially hazardous chemicals used during the Project construction or furnished for Project operation shall be used, stored, and disposed in accordance with all applicable local, state, and federal laws and regulations and with the Material Safety Data Sheets for those chemicals. C. Storage shall be within a containment area that minimizes contact of the chemicals and storage containers with precipitation, surface flows due to precipitation, or flows from adjacent areas. If precipitation or surface water flows contact the chemicals or storage containers, or if any evidence of surface water contamination is observed or expected to have occurred, immediately notify the ENGINEER. D. If spills occur in the containment area, immediately notify the ENGINEER and implement containment and cleanup procedures to prevent spilled material from entering storm drains, stream channels, or groundwater or from being absorbed by the underlying pavement or soil. E. Collect and properly dispose of waste oil, used oil filters, other waste petroleum materials, and any other CONTRACTOR generated hazardous materials at suitable disposal facilities off of the job site. F. On-site temporary fuel storage facilities shall be constructed to comply with all applicable current regulations. Such facilities shall be diked to contain any fuel spills. Fuel tanks shall be properly grounded. 3.6 HOUSEKEEPING A. The CONTRACTOR is responsible for the following good housekeeping practices: 1. Construction related material stored onsite shall be stored in a neat, orderly manner in their appropriate labeled containers and, if possible, under a tarp or roof and off the ground. 2. CONTRACTOR's personnel shall be responsible for the cleanup of their respective areas. 3. Store only enough products required to complete the tasks at hand. Products shall be kept in their original containers with the original manufacturer's label. Whenever possible, all of a product shall be used before disposing of the container. Evaluate unused or surplus products to determine proper disposal. 4. Substances shall not be mixed with one another unless directed by the manufacturer. 5. Material and equipment shall be routinely inspected for leaks or conditions that could lead to discharges of pollutants to the storm drain system or surface water courses. LOTWP— Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561 - 11 3.7 DEBRIS CONTROL A. Keep all areas under CONTRACTOR's control free from extraneous debris. B. Implement a program to prevent accumulation of debris at construction sites, storage and parking areas and along access roads and haul routes, as follows: 1. Provide containers for deposit of debris. 2. Prohibit overloading of trucks to prevent spillage on access and haul routes. 3. Perform periodic inspections to enforce these requirements. 4. Schedule periodic collection and disposal of debris 5. Provide additional collection and disposal of debris whenever the periodic schedule is inadequate to prevent accumulation. - END OF SECTION - LOTWP—Bonita Pump Station Storm Water Pollution Prevention, Water Quality, Work Order 209 and Environmental Controls 90%Submittal 01561 - 12 SECTION 01570-TRAFFIC CONTROL AND HAUL ROUTES PART 1 --GENERAL 1.1 SUMMARY A. This Section includes the requirements for the selection of, and compliance requirements for traffic control and haul roads as designated in the Contract and covers the WORK necessary to provide temporary traffic control measures (TCM) including furnishing, installing, moving, operating, maintaining, and removing traffic control devices (TCD) throughout the Project area, the traffic control plan (TCP) for the Project, or as directed by the ENGINEER. B. Provide all lighting, barricades, cones, signs, and flaggers necessary to direct traffic during working hours and at all other times as required to ensure the public safety and promote safe vehicular travel. 1.2 ABBREVIATIONS, DEFINITIONS, AND STANDARDS A. Abbreviations: 1. ADT: Average Daily Traffic 2. TCD: Traffic Control Devices 3. TCM: Traffic Control Measures 4. TCP: Traffic Control Plan 5. MUTCD: Manual/Uniform Traffic Control Devices B. Standards: Provide signs and traffic control devices built in conformance with the Manual on Uniform Traffic Control Devices (MUTCD) current edition, of the Federal Highway Administration, the Oregon Supplements to the Manual published by the Oregon Department of Transportation, and as approved by ENGINEER through the TCP. The TCP shall conform to ORS 810.200, OAR 734-020-0005, the MUTCD, and the Oregon Supplements. 1.3 GENERAL REQUIREMENTS A. Provide all TCM required for the WORK in accordance with local and federal guidelines and regulations. B. Failure to provide required TCM may result in suspension of WORK for cause or may result in provision of TCMs by OWNER at CONTRACTOR's expense. LOTWP—Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570- 1 90%Submittal C. Emergency traffic such as police, fire and disaster units shall be provided access to the work area at all times. D. Notify emergency services, public transportation, and all affected utilities and local agencies about the operations so as to properly coordinate and expedite the WORK in such a manner as to cause the least amount of conflict and interference between the work and operations of other agencies. E. Notify school authorities at least two weeks in advance of any construction that will interfere with access to schools or affect school bus routes and schedules. F. Special attention must be paid to ADA requirements as well as people with special needs who may be affected by the work zone. G. Maintain access to residential properties. Do not block driveways unless written notification is provided a minimum of 48 hours in advance. Notification shall include an estimate of the time and duration of the driveway closing. WORK shall not interfere with the delivery of mail and removal of trash and garbage. H. Provide full access to all adjacent properties during evenings and weekends when WORK is not in progress. Maintain at least one-way traffic during working hours and two-way traffic during non-working hours unless otherwise noted on the Drawings. I. Plan and perform the WORK so that all adjacent businesses have access at all times. At the Preconstruction Conference, a list of businesses and names will be given to the CONTRACTOR. CONTRACTOR will maintain clear communication and scheduling with the business owners at all times. J. Do not start work on any stage of construction until all TCMs are in place and the TCP is operating satisfactorily. L. Coordinate the proper use of the entry locations for deliveries and employees with ENGINEER. Issues arising out of CONTRACTOR's improper coordination of the access locations shall not be considered as justification for adjustment to a Milestone, Contract Price or Contract Times. 1.4 TRAFFIC CONTROL OUTSIDE CONTRACT LIMITS A. Provide traffic control measures outside the Contract limits when work activities affect traffic. 1.5 TRANSPORTATION AND HAUL ROUTES A. Keep all streets in and adjacent to the construction area used by trucks or any other equipment hauling material to and from the area, clean and continuously serviced by the use of sprinkling trucks and/or power brooms to minimize dust. LOTWP—Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570-2 90%Submittal B. Do not use residential streets for heavy construction traffic without written authorization from OWNER. C. When haul operations cause material to be deposited on public roads, remove material with a power broom as soon as practicable, but no later than at the end of that working day. If deemed necessary by ENGINEER or the road agency, clean the area using a power washing truck. D. When haul operations cause contaminate media to be deposited on public roads, remove material by appropriate means with appropriately trained and protected personnel immediately. Notify ENGINEER immediately of such a spill. E. Continue dust control until streets are accepted by the public agency responsible for maintenance or until relieved of responsibility by such agency. F. Repair any damage to roadway surfaces from the direct or indirect result of the operation to the satisfaction of the responsible agency and the ENGINEER. G. Motors idling and other noise mitigation shall be in accordance with Section 01560 - Noise Mitigation. H. Schedule equipment to arrive and leave the Site so that trucks are not stopped or waiting along the haul route. 1.6 TRAFFIC CONTROL PLAN A. The Traffic Control Plan shall meet the following requirements: 1. The base map shall be drawn to scale and show all pertinent roadway features (such as lane widths, curb lines, driveways, etc.) and all existing traffic and parking controls (signs, signals, striping, markings). 2. Road closures are not currently allowed unless otherwise noted on the Contract Documents. However, if work activity necessitates a road closure, make formal application for street closure to authority having jurisdiction at least 10 days prior to required street closure in order to determine necessary sign and detour requirements. Upon approval of road closure(s), give at least five (5) working days advance notice of such closure to all agencies providing emergency services and other agencies, including without limitation: fire department, police department, regional and local transit commissions/companies, ambulance services, and school districts. Notification includes, but is not limited to the time of commencement and completion of WORK, names of streets or location of alleys to be closed, or partially closed, schedule of operations and routes of detours where applicable. Update the TCP to indicate the detour routes and associated signage for each major activity. LOTWP—Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570-3 90%Submittal 3. The TCP shall highlight the Access and Haul Plan for each major activity. a. Transport routes and schedules. b. Haul locations and schedules. c. Wheel wash locations/ construction entrances. 4. The TCP shall include a list of phone numbers of those employees responsible for responding to emergency calls outside normal working hours concerning the CONTRACTOR's work. B. Allow at least 15 days for ENGINEER <.' -to review and comment upon submitted TCP. CONTRACTOR may not start work on any stage of construction until the final TCP has been approved and is operating satisfactorily and all TCM are in place. C. After construction has begun, any modifications to the TCP must be approved by ENGINEER prior to implementation. 1.7 SUBMITTALS A. The following submittals shall be provided in accordance with Section 01300 - Submittals: 1. Formulate and submit TCP, including resume of traffic control supervisor, and a work schedule. 2. Submit all proposed TCM additions and revisions during performance of the Contract. a. Notify ENGINEER a minimum of ten business days in advance for any adjustments to existing traffic signals, signs or other traffic control devices. PART 2-- PRODUCTS 2.1 GENERAL A. Use TCDs in new condition for all installations. Provide certifications of quality, equipment lists, and drawings when specified. Acceptance will be by the certifications, equipment lists, drawings, and testing as necessary to assure compliance with the Specifications. B. All TCDs must be in accordance with the MUTCD and Oregon supplements. 2.2 CERTIFIED FLAGGERS A. Certified flaggers shall be equipped as follows: 1. Clothing to cover the complete body except head, neck, and arms below the point of the shoulders. LOTWP—Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570-4 90%Submittal 2. An orange, yellow, or white hard hat. 3. A chartreuse (yellow-lime green) vest which is also reflective for other than broad daylights conditions. 4. Highly visible, reflective "STOP/SLOW" sign paddles conforming to the MUTCD. 5. Portable, self-contained two-way radio with a range suitable for the Project. 6. Illuminated stand area of high visibility at night. B. Flaggers shall observe all federal, state, and local laws concerning construction safety and health standards. Provide flaggers to stop, direct, and maintain traffic through the WORK at reduced speeds. C. Use certified flaggers who have: 1. The mental and physical ability to provide timely, clear, and positive guidance. 2. A sense of responsibility for safety of public and work crew. 3. A neat appearance. 4. A courteous but firm manner. 5. Completed an approved work zone traffic control course within the past three years. PART 3 -- EXECUTION 3.1 GENERAL A. Keep the surfaces of all roadways which are being used by the public traffic free of dirt, mud, and other deleterious matter. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that the roadway or structures are kept in satisfactory condition at all times. 1. Provide an on-call street sweeper available within 4 hours to clean roadways of construction debris and other material. B. Provide suitable notice to property owners and shall arrange for removing parking on those streets where parked cars would interfere with its operations. Obtain necessary permits at CONTRACTOR's sole expense and arrange for verification of no parking posting so permitted. No towing or moving of parked vehicles will be permitted without proper authority. LOTWP— Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570-5 90%Submittal C. STREET USE 1. Nothing herein shall be construed to entitle CONTRACTOR to exclusive use of public streets or parking areas during performance of WORK. 2. Conduct operations to minimize interference with authorized work of utility companies or other agencies in such streets or parking areas. 3. Where excavation is being performed in primary streets or highways, keep one lane in each direction open to traffic unless otherwise provided or shown. 4. Provide toe boards to retain excavated material if required by ENGINEER or agency having jurisdiction over street or highway. 5. Keep fire hydrants on or adjacent to WORK accessible to fire-fighting equipment. 6. Make temporary provisions to assure use of sidewalks and proper functioning of gutters, sewer inlets, and other drainage facilities. D. Upon failure to immediately respond to a problem with corrective action, OWNER may respond without further notice to CONTRACTOR and deduct all costs thereof from any payments due or coming due CONTRACTOR. OWNER shall not be required to act in any situation and nothing shall relieve CONTRACTOR of his duties in this regard. 3.2 TRANSPORTATION AND HAUL ROUTES A. Locate roads, drives, walks, and parking facilities to provide uninterrupted access to construction offices, mobilization, work and storage areas, and other areas required. B. Assure that all subcontractors, suppliers, and individuals associated with the WORK use approved routes. C. Provide required signage and oversight for approved route to assure compliance with traffic routing requirements. D. Inspect haul routes daily to assure compliance with regulatory street cleaning requirements. A weekly cleaning at a minimum is required for all haul routes used for transporting spoils, bedding, or backfill. 3.3 CONSTRUCTION A. All lanes for moving traffic shall be at least 12 feet in width between TCDs, with clearance of 2 feet from any vertical obstruction and 5 feet from any open excavation. B. Provide, in new condition, and maintain all traffic control devices in conformance with the MUTCD and the approved TCP. LOTWP—Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570-6 90%Submittal 1. Prior to partially closing any street, conform to Section 01545 - Protection and Maintenance of Property,Work and Utilities. 2. Maintain all existing traffic control devices within the work zone, which are not in conflict with the TCP. 3. Patrol the traffic control areas and reset all disturbed traffic control devices immediately. Remove or cover nonapplicable traffic control devices during periods not needed as approved or directed by ENGINEER. 4. In the event that additional traffic controls are needed for special conditions, as determined by the ENGINEER, CONTRACTOR shall be responsible for the placement and maintenance of the additional devices. 5. Storage of material or equipment shall not occur within any travel lane during nonworking hours. 6. Maintain existing traffic control signs for the duration of the construction in accordance with a. and b. below, unless directed otherwise by ENGINEER. a. If a permanent sign must be temporarily relocated, the sign shall be adequately mounted, placed as near as possible to the original location, and remain clearly visible to approaching traffic without creating a traffic hazard. b. Damaged, missing or improperly located STOP, YIELD or ONE WAY signs shall be replaced or relocated immediately. Provide manual traffic control from the time at which the problem is noted until the time at which it is corrected. 7. When, in the judgment of ENGINEER, vehicular parking is a hazard to through traffic or to the WORK; furnish and place NO PARKING signs (minimum 3 per block) on any street that is directly involved in the construction work. Parking for residences and business shall be maintained to the greatest extent possible within the work zone during and after work hours. If WORK is effectively discontinued in a work zone for a period longer than 3 days, all parking shall be restored. 8. If the CONTRACTOR fails to immediately provide the necessary flaggers, or to provide, erect, maintain and remove traffic control devices when so ordered, ENGINEER may, without further notice to CONTRACTOR, do whatever is necessary to meet the requirements of this Section and deduct all of the costs thereof from any payments due or to become due CONTRACTOR. C. Wherever necessary, provide suitable temporary bridges or steel plates over unfilled excavations. Adopt designs furnished by said authority for such bridges or steel plates, or submit designs to said authority for approval, as may be required. All such bridges or steel plates shall be maintained in service until access is provided across the backfilled LOTWP—Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570-7 90%Submittal excavation. At night, mark all open work and obstructions by barricades, railings, runways, stairs, bridges and facilities. 3.4 PEDESTRIAN TRAFFIC CONTROL A. The CONTRACTOR shall be responsible for providing adequate safeguards, safety devices, protective equipment, and any other needed actions to protect pedestrian traffic in connection with the performance of the WORK covered by the Contract. Perform any measures or actions ENGINEER may deem necessary to protect the pedestrian traffic. CONTRACTOR shall be responsible for the provision and expense of this protection. Install safety fence (plastic mesh, safety orange, 4 feet tall unless otherwise specified) around work areas adjacent to sidewalks and pedestrian traveled ways. B. Special pedestrian detours are often necessary in areas adjacent to new construction or demolition of existing structures. The ENGINEER shall determine when walkways are required. Plans for walkways must be approved by the ENGINEER. 3.5 TEMPORARY SIGNING A. When WORK on the Project requires temporary signage at locations not shown on the plans, provide signage according to the MUTCD. 1. Speed Zone Signage: Cover white speed zone signs, or yellow advisory speed plates on other signs, if the speed shown is higher than the construction speed shown on orange signs. Uncover them when the construction speed signs are removed or covered. When there is no WORK on the Project and when directed, cover orange construction speed signs and restore the original white speed zone signs and yellow advisory speed plates. At the trailing ends of the Project, install a white speed zone sign with the original designated speed. If existing white speed signs are 500 feet or less beyond the Project, these additional signs will not be required. 2. Drop-off signage: Install signs as approved in the TCP at the temporary end of paving, or where there is a change of roadway elevation greater than 1 inch. 3. Notification signs: One week prior to construction beginning the install notification signs. 3.6 FLAGGERS A. Flaggers shall be placed wherever required to direct traffic around or through the construction area. A minimum of two flaggers are required at each location. B. Locate flaggers to permit adequate time for the motorist to respond to the flagger's instructions. C. Flagging stations shall be staffed continuously during those hours requiring flaggers. LOTWP— Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570-8 90%Submittal 3.7 TEMPORARY TCD A. Maintain temporary TCD while in use as follows: 1. Keep the devices in proper position,clean, and legible at all times. 2. Keep lights, reflectors, and flashers clean, visible, and operable during both daylight and darkness. 3. Trim or remove vegetative growth or other materials so the devices can be seen. 4. Verify the effectiveness of the installation at frequent intervals, both in daylight and darkness, by actual travel and inspection. 5. Repair, replace, or restore damaged or destroyed devices to maintain continuity and effectiveness. 6. Install, maintain, and move all TCD by working with the direction of traffic flow. 7. Provide additional TCM, when required by traffic flow or work conditions or when directed by ENGINEER. 8. Designate a 24-hour traffic control supervisor who: a. Is responsible to maintain all TCD in proper position. b. Is continuously equipped with an active and functioning cellular telephone and pager. c. Has the authority to assign and control flagging operations. d. Files his/her name, pager number, and cellular phone number with ENGINEER and Emergency Services. e. Maintain temporary TCD during suspensions of WORK the same as if WORK were in progress. B. When installing, maintaining, moving, and removing TCD, protect traffic according to the approved TCP. C. Temporary TCD are to remain the property of CONTRACTOR. D. Existing TCD shall remain in operation throughout the Contract or until replaced by permanent TCD in new condition as appropriate. E. CONTRACTOR shall be responsible for covering any existing warning or regulatory signs which are inappropriate. LOTWP—Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570-9 90%Submittal F. In the event that additional traffic controls are needed for special conditions, as determined by ENGINEER, CONTRACTOR shall be responsible for the placement and maintenance of the additional devices. G. Storage of material or equipment shall not occur within any travel or turning lane during nonworking hours. 3.8 EXISTING TCD A. Maintain existing TCD as follows: 1. Signs and Other Existing TCD: Maintain required existing guide signs, warning signs, regulatory signs, and other existing TCD, the same as temporary signs and devices are maintained. 2. Store existing traffic signs that are to be reused on the Project until needed. CONTRACTOR will be responsible for the replacement of any signs that are damaged while being stored. Remove signs, posts, and hardware not to be reused on the Project. B. Relocation of existing TCD: Existing traffic signs which require relocation for the WORK shall be relocated by OWNER. CONTRACTOR shall provide OWNER with not less than 24 hours notice of existing traffic signs requiring relocation. 3.9 REMOVAL OF WORK ZONE TRAFFIC CONTROL PLAN A. Upon Project completion, all temporary traffic control devices shall be removed and all preexisting TCD, except pavement markings, shall be restored to their original condition and positions. Remove TCD in a sequence reverse to installation. B. Coordinate activities to protect traffic and apply permanent striping as soon as possible after installation of temporary pavement markers. - END OF SECTION - LOTWP— Bonita Pump Station Traffic Control and Haul Routes Work Order 209 01570 - 10 90%Submittal SECTION 01600- COMMUNITY RELATIONS PART 1 --GENERAL 1.1 REQUIREMENTS A. This Section identifies activities to be completed by the CONTRACTOR and coordination with the OWNER during the execution of WORK. CONTRACTOR shall provide information and attend meetings to provide input to the OWNER's Communications Plan. B. ENGINEER and OWNER have not directly contacted all property owners/tenants of lands served by and/or adjacent to the WORK defined by this Project. A General Project Announcement will be mailed to all property owners, as shown in the City of Tigard records, which identifies the Project, the anticipated Project duration, general location, and brief discussion of likely activities to be performed. A copy of the General Project Announcement may be obtained from the OWNER. C. A Communications Firm has been retained by the OWNER to manage the major aspects of Community Relations relating to this Project. All services of the CONTRACTOR in performing Community Relations as included in this Section shall not be considered as direct reimbursable costs (e.g. labor, material, equipment, etc.). CONTRACTOR's costs of providing Community Relations services shall be incidental to other aspects of the WORK. D. In order to complete the WORK, the CONTRACTOR may be required to enter onto private property. Where entry onto private property is required, notify OWNER that such entry is required at least 6 weeks in advance of actual need to access property. The OWNER will take the lead in obtaining such right-of-entry and/or right-of-access agreements. Provide information to OWNER and attend meetings, as required, to prepare and execute such right-of-entry and/or right-of-access agreements. E. Provide a representative who is knowledgeable in all aspects of the WORK, to accompany the OWNER during direct on-site meetings with the property owners/tenants. 1.2 SUBMITTALS A. The following submittals shall be provided in accordance with Section 01300 - Submittals: 1. Provide written responses to OWNER's contact forms. B. Submittals shall include: 1. Information requested by OWNER, as required, to prepare and execute right-of entry and/or right-of access agreements. LOTWP—Bonita Pump Station Community Relations Work Order 209 01600- 1 90%Submittal 2. Information requested by OWNER, as required, for use in providing information for property owner/tenant notices, newspaper articles, press releases, door hangers, or other public materials. 3. Property owner/tenant contact report responses for all direct on-site meetings with property owners/tenants. The property owner/tenant contact report response shall be provided to ENGINEER by the end of the workday. The property owner/tenant contact report form will be provided by the OWNER. PART 2 -- PRODUCTS 2.1 COMMUNITY RELATIONS A. Provide to the OWNER the following information, as required, for preparing right-of entry and/or right-of access agreements: 1. Extent of work to be performed on the private property. 2. Identification of existing conditions that will or that may be impacted. 3. Duration of the work to be performed. 4. Description of activities to be performed to restore private property that will be or has been disturbed or damaged. 5. Emergency contact information for the private property owner. B. Provide to the OWNER at every Progress Meeting the following information if not previously provided: 1. Information, as required, for preparing written notices to property owners/tenants including: a. Any possible restrictions that the property owner/tenant may be required to observe. b. Tentative schedule identifying when the CONTRACTOR will be in various sections of each street and in what portions of the lake that work is planned. This information will be provided by OWNER to property owners/tenants prior to construction 2. Provide information on planned use of City streets i.e., routes and timing of use for delivery of construction materials, as required for CONTRACTOR to notify Fire Department, Police Department, Regional Transit Commission, Transit Companies, and School District prior to construction in accordance with Section 01570 - Traffic Control and Haul Routes. LOTWP— Bonita Pump Station Community Relations Work Order 209 01600-2 90%Submittal 3. Provide the phone numbers for a contact person who will be responsible for answering questions from either OWNER or ENGINEER regarding the Project. The 24-hour telephone hotline number and contact number will be included in all documents prepared for public and/or private distribution. The OWNER will develop a written form to document the content of any call received, including date, time, content, and referral of the call. The form shall include space for the CONTRACTOR to include a response to any questions from OWNER or ENGINEER. PART 3 -- EXECUTION 3.1 IMPLEMENTATION A. Assist OWNER with implementation of the Community Relations Plan. B. CONTRACTOR shall utilize the information obtained from the OWNER or the OWNER's Communications Firm with regard to initial contact of all property owners/tenants of land adjacent to the WORK. If, after said initial contact by the OWNER, a special condition occurs which results in a conflict between an identified property owner/tenant and the CONTRACTOR that is could potentially affect the CONTRACTOR's initial planning and scheduling, the conflict shall immediately be brought to the attention of the ENGINEER. The CONTRACTOR, OWNER, and ENGINEER shall work cooperatively in resolving any such conflict with the property owner/tenant whenever possible. - END OF SECTION - LOTWP—Bonita Pump Station Community Relations Work Order 209 01600-3 90%Submittal SECTION 01605 - SHIPMENT, PROTECTION AND STORAGE PART 1 -- GENERAL 1.1 GENERAL A. Equipment, products and materials shall be shipped, handled, stored, and installed in ways which will prevent theft, vandalism, or damage to the items. CONTRACTOR shall bear all costs resulting in theft, vandalism or 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 ENGINEER. B. In case of conflict with the Technical Specifications Divisions 2 through 16, the more stringent requirements for shipment, protection, and storage of materials will apply. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 GENERAL A. All products shall be handled, protected, and stored as recommended by the manufacturer. Products with paint, tape coatings, linings or the like shall be stored to protect the coating or lining from physical damage or other deterioration. B. Damaged Products, Materials and Equipment: Replace with new, no exceptions. Coordinate replacement with ENGINEER prior to installation. 3.2 SHIPMENT A. PACKAGING AND MARKING 1. 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. 2. Stiffeners shall be used where necessary to maintain shapes and to give rigidity. Parts of equipment or hardware shall be delivered in assembled or partially-assembled units where possible. Pipes shipped with interior bracing shall have the bracing removed only when recommended by the pipe manufacturer. B. SHIPPING: 1. Openings shall be wrapped or otherwise sealed to prevent contamination by grit and dirt. LOTWP— Bonita Pump Station Shipment, Protection and Storage Work Order 209 01605 - 1 90%Submittal 2. 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. 3.3 STORAGE: A. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. B. Handle products/equipment in accordance with manufacturer's written instructions, and in a manner to prevent damage. Store products, upon delivery, in accordance with manufacturer's instructions, with labels intact and legible. Do not open manufacturer's containers until time of installation unless recommended by the manufacturer or otherwise specified. C. Provide manufacturer's recommended maintenance during storage, installation, start-up, and commissioning until products/equipment are accepted for use by OWNER. D. Equipment and materials to be located outdoors may be stored outdoors if protected against the elements in accordance with the manufacturers' recommendations. Equipment and materials shall be stored at least 6 inches above ground. 1. Covered Outdoor Storage: Equipment and fabricated items stored outdoors shall be stored on wood blocking or skids. Covers shall be tied down with rope and materials shall be positioned to prevent the accumulation of water on the covers. Place all fabricated items on sloped supports, above ground, covered with material that provides protection against ultraviolet degradation and impervious to water. 2. Uncovered Outdoor Storage: Items stored outdoors shall be stored on planks or other dunnage as necessary to keep materials from contact with the ground and water. 3. Fully Protected Storage: Store all products not named above in buildings or trailers which have a concrete, steel, or wooden floor, a roof, and fully closed walls on all sides. Maintain temperature and humidity at levels recommended by material manufacturer. E. Provide off-site storage and protection when Site does not permit on-site storage and protection. F. Provide equipment and personnel to store items by methods to prevent soiling, disfigurement or damage, and provide security measures to prevent vandalism or theft. G. Arrange storage to permit access for inspection. Periodically inspect to verify items are undamaged and are maintained in acceptable condition. - END OF SECTION - LOTWP—Bonita Pump Station Shipment, Protection and Storage Work Order 209 01605 -2 90%Submittal SECTION 01660—TESTING, FACILITY STARTUP,AND COMMISSIONING PART 1 -- GENERAL 1.1 SUMMARY A. This Section specifies the requirements for testing, facility startup, and commissioning. Testing, facility startup and commissioning includes documentation and procedures, preoperational testing, component testing, system testing, operational tests, commissioning, and possession by the OWNER. B. Testing, facility startup, and commissioning are prerequisites to satisfactory completion of the Contract requirements, shall be completed within the Contract Times, and are a condition precedent to achieving Substantial Completion. C. Startup of a pump station and other associated facilities is a complex operation requiring the close coordination and combined expertise of the CONTRACTOR, manufacturers' representatives, subcontractors, the ENGINEER, and the OWNER. The CONTRACTOR shall be responsible for coordinating all parties for a successful testing, startup, and commissioning. The ENGINEER and OWNER will be available for technical and operational advice prior to and during startup. D. Existing pump stations, pipelines, and other associated delivery facilities are in continuous operation and must remain in continuous operation during testing and facility start up. The CONTRACTOR shall ensure that the operation of the existing or new facilities is maintained at all times so the OWNER's ability to deliver potable water is not impacted. E. General requirements for startup activities are included in this Section. More specific requirements may also be included in other portions of the Contract Documents. F. Temporary facilities may be necessary. If so, CONTRACTOR shall design, provide, operate, and later remove them. G. The CONTRACTOR shall include in its startup plan a step-by-step sequence for the new WORK as it undergoes startup operation and a redundant plan as to how the existing facilities will take over the operation in the event of a shutdown of the new WORK. 1.2 DEFINITIONS A. Facility: An area of the Pump Station with a common process goal including all associated structures, equipment, and materials (e.g., Bonita Pump Station). B. Equipment: All mechanical, electrical, and instrumentation equipment and devices specified in the Contract Documents to provide a completed operational facility. LOTWP—Bonita Pump Station Testing, Facility Startup,and Commissioning Work Order 209 01660-1 90%Submittal C. System: 1. A defined part of the WORK, consisting of an arrangement of items, such as equipment, structures, components, piping, wiring, materials, or incidentals, so related or connected to form an identifiable, unified, functional, operational, safe, and independent part of the Contract Documents. 2. The Process and Instrumentation Diagrams (P&ID) provided with the Drawings and the control strategies describing the various systems provided in Division 13 shall provide the organizational framework for testing of systems. D. Preoperational Test Phase: 1. Factory testing as specified in the individual equipment specifications. 2. Manufacturer's standard factory and recognized industry practice tests. E. Component Test Phase: 1. Conducted by CONTRACTOR with assistance from manufacturer's representatives using water on installed equipment and components to verify operation and performance of equipment and components adheres to the Contract Documents. 2. Includes two sub-phases as follows: a. Equipment and Component Checkout: Testing to verity that equipment and components have been installed correctly (e.g., is the electrical wiring properly connected, pump rotation correct, piping properly aligned, no piping stresses transmitted to pumps?). b. Equipment Performance Testing: Following completion of equipment and component checkout, performance testing of equipment, if specified in the individual equipment specification (e.g., demonstrate pumping units, AFD's, surge anticipator/bypass valves function, generator, station standby power switchover, HVAC requirements, telemetry and controls, all meet the specified service requirements). F. System Test Phase: 1. Follows completion of Component Test Phase for all equipment included within the system. 2. Conducted by CONTRACTOR using either water or air depending on the system. Systems that would be contaminated by using water, shall be tested with the actual process fluid. 3. Overall test of system control (local process controllers and supervisory level controllers) and operation demonstrating interlocks, alarms, data acquisition, and control, over entire range of operation, including, but not limited to, the following: a. Changes in operating parameters (e.g., does the system respond correctly to a change in flow rate?). b. Alarm conditions (e.g., does the system respond correctly to a low suction pressure alarm?). c. Sequences (e.g., does the system correctly start/stop/control equipment for an automatic startup or shutdown sequence? Does system automatically switch to Generator during power failure?). LOTWP—Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660-2 90%Submittal d. Operator interface (e.g., does the system respond correctly to set point and/or discrete changes made at the operator interface? Does "Capture Key" interlock work for station operation using Generator). G. Operational Test Phase: Testing of the entire facility operated and controlled by the control systems. The full operation of the facility for a specified period that assures that all Systems and processes operate to defined design criteria. Operational Test Phase shall be conducted using process fluids present during normal operation (e.g. potable water). Substitutions for process fluids during operational testing are subject to the OWNER's approval. Process fluids, chemicals, and air shall be transferred between facilities to simulate operation of facility. Coordinate transfer of potable water, chemicals, and air with other contractors working at the Site. H. Commissioning: The initiation of full facility operation by OWNER personnel using potable water. During this period, complete Operational Testing of systems that could not be completed during the Operational Test Phase. 1.3 QUALITY ASSURANCE A. Reference Standards: This Section incorporates by reference the latest revisions of the following documents. They are part of this Section insofar as specified and modified herein. In the event of conflict between the requirements of this Section and those of the listed documents,the requirements of this Section shall prevail. Unless otherwise specified, references to documents shall mean the documents in effect on the effective date of the Agreement. If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Reference Title ASTM ASTM International HI Hydraulic Institute IEEE Institute of Electrical and Electronics Engineers ISA Instrument Society of America NEMA National Electrical Manufacturer's Association B. Install testing equipment and apparatus with personnel trained in the trades and professions required to assure competent workmanship. C. Supervise the installation of specific equipment testing items specified to be accomplished by factory-trained installation specialists furnished or certified by the equipment manufacturers. D. Document the skills and training of workers engaged in the installation of testing equipment furnished by the CONTRACTOR. LOTWP— Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660-3 90%Submittal 1.4 SUBMITTALS A. Submit the following in accordance with Section 01300-Submittals. B. Comprehensive Testing, Startup and Commissioning Plan: 1. Submit Comprehensive Testing, Facility Startup, and Commissioning Plan a minimum of 90 days prior to the scheduled start of the first Component Test Phase. The first Component Test Phase cannot commence until 30 days after the Comprehensive Testing, Startup and Commissioning Plan is returned with a "No Exceptions Taken" or "Make Corrections Noted" review action. 2. Coordinate training scheduling with applicable OWNER staff work schedule in accordance with Section 01664 -Training. 3. Organize as follows: a. Group equipment and components by system, organized around unit processes shown in the process and instrumentation diagrams (P&IDs) and the control strategies presented in Division 13. b. Where components span across more than one system, include within each system and indicate that component is associated with more than one system. c. Match Operation and Maintenance Manual systems when possible. 4. Include the following information: a. System name corresponding to control strategies presented in Division 13. b. Equipment name and number. c. Component name. d. Pertinent P&ID numbers and titles. e. Detailed summary of all testing and training activities. f. Written procedures for all test phases. g. Plans for filling suction piping and flow/circulation paths used during testing. h. Disinfection plans including plans for disposing of water used for disinfection. i. Detailed drawings for testing layouts and for accomplishing flow schemes necessary for testing. Include temporary pumps, piping, valves and other temporary work required to conduct the testing and start up. j. All forms prepared for recording test results. k. Detailed schedule for all testing activities coordinated with Training specified in Section 01664—Training. I. Schedule of start-up meetings. m. Proposed Start-up Team including roles and responsibilities during each test phase. n. List of quantities (water) required during testing. o. Details on all other aspects of start-up required to make a complete and workable plan, including integration with testing requirements specified for mechanical, HVAC, electrical, instrumentation, and control components. p. How water will be transferred or circulated to simulate pumping systems. q. Procedures to ensure an orderly transition from Operational Test Phase to Commissioning. r. Testing safety plan. LOTWP—Bonita Pump Station Testing, Facility Startup,and Commissioning Work Order 209 01660-4 90%Submittal 5. Format: Word documents and Excel spreadsheets, to organize information, plus a monthly calendar that shows the following: a. Start and end dates for component and system test phases, identified by equipment, component, or system name. b. Date and time period for training, identified by equipment, component, or system name. 6. Update spreadsheet and calendar biweekly and as necessary to communicate schedule changes to the OWNER. C. Preoperational Test Phase: 1. Factory tests results specified in equipment specification sections. 2. Submit prior to equipment shipment. D. Component Test Phase: 1. Submit written test procedures for Component Test Phase for each component or item of equipment. 2. Submit completed test forms which include: a. Pre-operation check-out, alignment, adjustment and calibration. b. All test information and results alongside specified values. c. Use separate form for each item of equipment installed. d. Use form which includes all test information including specified operational parameters. e. Separate sections to record values for pre-operation inspections. f. Initials of manufacturer's representatives, the CONTRACTOR's representative, and the OWNER verifying tests satisfactorily completed. g. Record of relevant performance data for the testing. h. Format acceptable to OWNER. i. Manufacturer's written certification that equipment item or component is installed correctly and ready for next phase of testing. E. System Test Phase: 1. Submit written procedures for System Test Phase. Include the following: a. Identification of the system with a description of operating parameters. b. Process and instrumentation diagrams detailing System. c. System equipment list with cross-references to the appropriate Specification Sections. Reference Systems as defined above. d. Written procedures detailing the CONTRACTOR's Component Tests and System Tests proposed to verify equipment compliance with the Contract Documents and operating parameters. e. Submittals from Preoperational and Component Test Phases and delivery acceptance tests and inspections for each equipment item and component included in the system. 2. Update System Test Package with results of System Test phase and submit final system test package within 14 days after completion of System Test. LOTWP—Bonita Pump Station Testing, Facility Startup,and Commissioning Work Order 209 01660-5 90%Submittal F. Operational Test Phase: 1. Submit written procedures for Operational Test Phase. Organize by process area and unit processes identified in Division 13 and the P&IDs. 2. Submit three volumes (original and two copies) of Operational Test Phase results within 14 days after successful completion of Operation Test Phase. Include the following: a. A chronological record of operational adjustments made and description of the resulting effect on Plant operation, including time period required for operation to return to steady-state condition. b. A list of alarms that occurred with time of occurrence and resolution. c. Manual operations performed. d. Equipment or system startup and shutdown information, including starting and shutdown time. e. A troubleshooting log that describes significant upsets and other unusual events and the action taken to resolve. These upsets and events generally result in multiple alarm conditions. f. Format acceptable to OWNER. G. Commissioning: 1. Provide transition plan and checklist for transfer of operation to OWNER. 2. Record dates of beginning of Commissioning for each facility. H. Qualifications of the CONTRACTOR's Startup Manager demonstrating compliance with the experience requirements specified in this Section. 1.5 CONTRACTOR'S STARTUP MANAGER A. Minimum Qualifications: 1. Operations engineer or equally qualified operations specialist. 2. CONTRACTOR's Startup Manager shall have at least five years of total experience, or experience on at least five separate projects, managing the startup and commissioning of mechanical, electrical, instrumentation, HVAC, and piping systems for potable water pumping facilities. B. The CONTRACTOR's Startup Manager shall be responsible for the following: 1. Review and approve all functional and performance tests, results, and documentation for all equipment and systems. 2. Develop schedules for all testing, integrate testing into the master construction activity schedule, and coordinate all required testing. 3. Develop test procedures and forms for documentation of all equipment tests, system functional tests, and cross system functional tests. Test procedures shall be in accordance with equipment manufacturer's recommendations, where applicable. Test procedures shall fully describe system configuration and steps required for each test. The test procedures reflect actual procedures used. The test procedures shall be appropriately documented so that another party can repeat the test to verify results. 4. Complete test procedure schedule, procedures,forms, and other documentation. LOTWP—Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660-6 90%Submittal 5. Coordinate directly with all subcontractors, manufacturer's representatives, and the OWNER specific to their responsibilities. 6. Observe the startup and initial testing of equipment and then all final testing of equipment and systems. 7. Coordinate all cross system testing. Some examples of cross system testing include process controls, HVAC, fire alarm, etc. 8. Note and document any inconsistencies or deficiencies in system operations and ensure system compliance or recommend modifications to system design which will enhance system performance. 9. Coordinate testing participation and approve procedures, after verifying that previous test phases have been satisfactorily conducted and the systems are ready for the next test phase. 10. Review as-built drawings provided by the various subcontractors and manufacturer's representatives for verification with as-built conditions. 11. Document all test results and assemble a final report. 12. Oversee training. 13. Participate in commissioning activities. 14. Manage, coordinate and supervise the CONTRACTOR's quality control program. 1.6 SEQUENCE AND COORDINATION A. When intermediate milestones have been established for completion of defined portions of the Project, testing, facility startup and commissioning shall be completed for the equipment and systems included within that milestone as a condition precedent to achieving Substantial Completion for that milestone. B. TEST PHASES AND SEQUENCE: 1. Preoperational Test Phase: Factory and Onsite Tests. 2. Component Test Phase: Field testing of installed equipment, including component checkout and performance testing using process water. 3. Conduct training specified in Section 01664—Training, after completing the Component Test Phase. 4. System Test Phase: Operation and control tests for complete systems using potable water. 5. Operational Test Phase: Operation of related systems comprising a complete facility using process fluids present during normal operation of the facility. 6. Commissioning: Operation of related systems comprising a complete facility using water, ambient air and chemical systems. During commissioning, the facility is operated by OWNER's personnel, with assistance from the CONTRACTOR. During this phase, complete any Operational testing activities that cannot be completed during the Operational Test Phase due to absence of process streams that are not present until facilities are operated with potable water. LOTWP— Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660-7 90%Submittal C. Coordination: 1. During testing activities, water will be pumped and transferred from discharge to suction side with temperature monitoring to not exceed 80 def F or coordination with City of Tigard to pump to Distribution System. All piping and facilities will pass biological testing and disinfection prior to discharge to Distribution System and shall require written OWNER approval. 2. Coordinate water use and similar activities with the OWNER. D. Materials and Services: 1. Provide lubricants, temporary utilities (including electrical power), and all other necessary items and work required to complete the tests and inspections specified in this Section except for commissioning. 2. CONTRACTOR is responsible for purchasing all fuel and chemicals required for use in Component System and Operational Testing, and training activities. 3. OWNER will provide potable water for testing, start-up, and commissioning. CONTRACTOR will be responsible for providing piping, pumps, trucks or other means to deliver that water to the testing location. The quantity available or flow rate will be limited by the demands on the existing facilities to produce finished water for distribution to users. 4. OWNER will provide electrical power for operating any new equipment during commissioning. E. Prior to commissioning, provide temporary heating, ventilation, and air conditioning, as required, for areas within permanent facilities. F. If, during testing, a portion of the WORK fails to comply with the Contract Documents and is adjusted, altered, renewed, or replaced, tests on that portion, and other affected portions shall be repeated within a reasonable time. G. Test results shall be within the tolerances set forth in the Contract Documents. If no tolerances are specified, conform to tolerances established by recognized industry practice. H. Where, in the case of an otherwise satisfactory installed test, doubt or dispute arises between the OWNER and the CONTRACTOR regarding the results, methods, or test equipment, the OWNER may request the test be repeated. The repeat test using modified methods or equipment will be paid per the following: 1. If the test results confirm the satisfactory installed test results, costs for the repeat test will be paid by the OWNER through the change order process, in accordance with Section 01035—Administering Contract Changes. 2. If the results of test fail to comply with the Contract Documents, all costs associated with the repeat tests and equipment necessary to comply with the Contract Documents are at the CONTRACTOR's expense. LOTWP—Bonita Pump Station Testing, Facility Startup,and Commissioning Work Order 209 01660-8 90%Submittal PART 2 -- (NOT USED) PART 3 -- EXECUTION 3.1 TEST MATERIALS AND EQUIPMENT A. Provide test gauges, meters, recorders and monitors, as required, to supplement or augment the instrumentation system specified in the Contract Documents. Select devices designed to measure the performance of the specific equipment and systems. Instruments to be calibrated within one month of use onsite. B. Through re-calibration, demonstrate testing equipment accuracy. C. Calibration procedures shall be in accordance with applicable standards of ASTM, ISA, and IEEE. Calibration records for testing equipment used shall be submitted to the OWNER prior to testing. 3.2 INSTALLATION A. Install all equipment in accordance with manufacturer's requirements and the Contract Documents. Notify the OWNER of any conflict between a manufacturer's installation recommendations and the Contract Documents. 3.3 TESTING A. General Requirements: 1. Test and inspect equipment, partially completed, or fully completed portions of the WORK to demonstrate compliance with the Contract Documents. 2. Pay all testing costs, including temporary facilities and connections. 3. Test the following: a. Equipment with one or more moving parts or devices requiring an electrical or hydraulic connection. b. Leakage tests and other piping tests as specified in the Contract Documents. c. Pumping Equipment and ancillary components in accordance with Division 11 and Division 15. d. Instrumentation devices in accordance with Division 13. e. Testing and balance for heating, ventilation, and air conditioning systems as specified in accordance with Division 15. f. Electrical devices in accordance with Division 16. 4. Obtain OWNER's approval for testing only after OWNER's inspection of equipment for conformance with the Contract Documents. 5. Tests and inspections shall be in accordance with recognized standards of the industry. 6. After initial set points are established for instrumentation and controls, allow for up to two additional set point changes during testing. LOTWP—Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660-9 90%Submittal B. Procedures: 1. To prevent equipment damage, design testing procedures to duplicate, as nearly as possible, conditions of operation. Once the testing procedures have been reviewed and approved by the OWNER, organize into system test packages and include the proper checkout, alignment, adjustment, and calibration signoff forms for each item of equipment. 2. Jointly use forms with the OWNER to ensure that documentation for each electrical, mechanical, and instrumentation equipment item has been properly recorded for installation and testing. Failure to follow the OWNER approved procedure will result in non-acceptance of the equipment. 3. Fulfillment of the test and inspection requirements are by either of the following: a. Tests and inspections performed in OWNER's presence, or: b. Certificates or reports of tests and inspections performed by persons or organizations approved by OWNER. 4. Maintain the systems test packages, which contain tests and sign-off forms including, but not limited to, piping, equipment, electrical, and instrumentation. Submit test packages to the OWNER for inspection upon request. C. Preoperational Test Phase: 1. Test items at the place of manufacture during or upon completion of manufacture. Tests shall be comprised of, but not limited to, hydraulic pressure tests, electric and instrumentation tests, performance and operating tests, recognized industry practice tests, and tests specified in the individual equipment specifications. D. Component Test Phase: 1. General: a. Equipment to be tested to the specified requirements before a system is placed into operation. b. Incorporate Construction Document requirements into the installed tests and inspection procedures and proceed in a logical, step-wise sequence to ensure that the installed equipment has been properly assembled, serviced, aligned, adjusted, connected, and calibrated prior to operation. c. Perform all changes, adjustments, or replacements required to make the equipment operate. 2. Equipment and component checkout procedures include, but are not limited to: a. Piping System pressure testing and disinfection and cleaning as required in the Contract Documents. b. Testing specified in the individual equipment specifications. c. Process instrumentation and control system testing as specified in Division 13. d. Electrical system testing as specified in Division 16. e. Testing, checking and correcting deficiencies of: 1) Power, control and monitoring circuits for continuity prior to connection to power source. 2) Voltage of all circuits. 3) Phase sequence. LOTWP—Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660- 10 90%Submittal 4) Cleanliness of connecting piping systems. 5) Alignment of connected machinery. 6) Vacuum and pressure of all closed systems. 7) Lubrication. 8) Valve orientation and position status for manual operating mode. 9) Tank integrity using potable water. 10) Instrumentation and control signal generation, transmission, reception and response. 11) Tagging and identification systems. 12) Proper connections, alignment, calibration and adjustment. f. Calibrate all instrumentation, alarms, and safety equipment. g. Manually rotate or move moving parts to assure freedom of movement. h. Bump electric motors to verify power and direction of rotation. i. Perform other tests, checks, and activities required to make component ready for System Test Phase. 3. Performance Test Requirements: a. Completely field test each equipment item specified in the Technical Specification Divisions 2 through 16 over the entire range of specified operating conditions. b. The CONTRACTOR shall record pertinent operating data (such as flow, suction pressure, and discharge pressure for pumps) in field testing report. c. Perform vibration tests where specified in individual equipment specification. Vibration tests shall be in accordance with Hydraulic Institute Standards and applicable equipment specifications. d. Provide necessary measuring equipment. Calibrate prior to use. e. Provide a complete field testing report on each equipment item and include in System Test Package. 4. Prior to Component Test Phase, deliver final Operation and Maintenance Manuals specified in Section 01730—O&M Information. 5. Upon completion of Component Testing, the manufacturer's representative shall certify that the component is installed correctly and ready for the next phase of testing. E. System Test Phase: 1. General: a. Once the OWNER approves the Component Test Phase results and finds no deficiencies in that portion of the WORK, test and operate all individual Systems under specified operating conditions to determine as comprehensively as possible whether the equipment and System meet the functional requirements of the Contract Documents. b. Except as described below, process water will be used in the testing of all water systems including sludge systems. For all other Systems use the intended fluid or a compatible substitute. OWNER to approve test media disposal methods. c. Following System Testing: 1) Recheck machines for alignment and realign if necessary. 2) Check equipment for loose connections, unusual movement or other indications of improper operating characteristics. LOTWP—Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660- 11 90%Submittal 3) Correct deficiencies to the OWNER's satisfaction. 4) Disassemble and inspect equipment which exhibits unusual or unacceptable operating characteristics. Repair or remove from the Site and replace with new. Test until equipment complies with the Contract Documents. 2. System test procedures include, but are not limited to, the following: a. Provide and complete a checklist to demonstrate discrete and analog points are displayed on graphic screens at operator interface unit. b. Provide and complete a checklist to demonstrate operator entries via operator interface are communicated to Facility control system. c. Provide and complete a checklist to demonstrate entries via Facility control system for the equipment and systems as described in Division 13. d. Provide and complete a checklist to verify discrete and analog inputs from field devices update operator interface panel. e. Provide and complete a checklist to demonstrate operator entries via interface panel control as described in Division 13. f. Whenever possible actuate all alarms from field devices by physically changing actual operating condition so that field device causes alarm. Perform similar exercising of instruments across their range of operation. Electronically simulate conditions only when physical initiation is not possible. Provide and complete a checklist to demonstrate that all alarms are received on operator interface. g. Test to the OWNER's satisfaction prior to proceeding to Operational Test Phase. h. System testing shall be coordinated with the Owner's System Integrator who will provide all PLC programming and communication configurations. 3. The following procedures are in addition to and supplement those procedures described above. Additional specific System test procedures include, but are not limited to, the following: a. Switchgear Transfer Controller System: 1) Demonstrate the function of the automatic transfer controller in the medium-voltage switchgear. The system shall automatically transfer to the other utility service and back in accordance with the Division 16 Specifications. Coordinate power outage test with the OWNER. b. HVAC System: 1) Demonstrate complete manual and automatic operation. c. Fire Alarm System: Demonstrate complete operation and verify all alarms and controls. d. UPS Systems: Demonstrate complete operational transfer of the UPS powered equipment upon a loss of power. UPS system shall be tested to meet the backup time requirements of the Division 16 Specifications. e. Security and Access Control Systems: Verify all security and access control devices properly operate and alarm. f. Communications. Verify that all communications components have been properly configured and are functioning properly without loss of communication. Ensure that any vendor provided communications components have been properly configured and are functioning properly. LOTWP—Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660- 12 90%Submittal F. Operational Test Phase: 1. General: a. To ensure proper OWNER staff coordination, provide OWNER 30 days notice prior to starting Operational Test Phase. b. Coordinate to ensure the OWNER's operation is not compromised. c. Prior to start of Operational Test Phase, configure all systems for complete automatic operation as specified in Division 13. d. During Operational Test Phase, demonstrate operation of equipment under both normal and abnormal/shut down conditions. Undertake the following activities and coordinate with the OWNER: 1) Vary flows and process levels to exercise equipment across a range of operating conditions. 2) Demonstrate manual and automated equipment operation, alarms and shutdowns, and communication of data, status, and other I/O in accordance with control strategies and associated process and instrumentation diagrams. Fail individual equipment items, instruments and control panels, demonstrate that alarms are communicated to the Control System, and that back-up units are brought into service as appropriate. 3) Interrupt the dual feed utility power system to individual process areas and overall Plant. Test automated equipment restarts upon restoration of utility power. 4) Assist the OWNER with demonstration of controls and alarms that reside at the Control System level, such as communication failures between process areas, alarm and data communication to the Control System, and Facility- wide controls. e. Do not allow water overflows or discharges. f. Bring process units to full operating conditions, including temperature, pressure, and flow as applicable. g. Test in a step-by-step method, in accordance with the approved testing procedures. Systematically test equipment, systems, structures, and the complete facility as a unit. OWNER to witness each individual step. h. Operate equipment and systems during the operational testing phase, to the greatest extent practical, at conditions which represent the full range of operating parameters as defined in the Contract Documents. i. A minimum time period of 30 days is required for the operational test phase. The facility shall perform through its complete design range for a period of 10 consecutive uninterrupted 24-hour days. Operational Test Phase must be restarted if testing is interrupted due to failures of equipment, instrumentation, or other components. Supply operational manpower for tests requiring 24-hour operations. LOTWP—Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660- 13 90%Submittal 3.4 COMMISSIONING A. After successful completion of the Operational Test Phase, completion of specified training, and submission of all specified documentation, the OWNER will begin operating the Facility during the Commissioning Period. B. Prior to start of Commissioning, remove temporary piping, plugs and other apparatus that may have been in use during the Operational Test Phase C. Provide labor to support OWNER and ensure facility attains its fully operational mode. D. The OWNER's personnel will be responsible for operation of the facility or portion thereof. The facility shall be fully operational and capable of accepting design flows. E. Disinfect any facility that has not yet been disinfected or that has become contaminated or potentially contaminated as determined by the ENGINEER or OWNER. F. The OWNER will conduct comprehensive performance testing of all processes, process equipment, instrumentation and control systems, utilities, and support systems, to validate that the Facility functions as a complete and operable pumping system when receiving potable water. The CONTRACTOR shall assist the OWNER in planning and conducting the testing. G. The OWNER will be responsible for costs of continuous normal operational and routine maintenance during Commissioning. H. The CONTRACTOR shall be responsible for all costs of necessary repairs or replacements required to keep the facility operational. Failures of equipment will require restart of Commissioning Period. I. Provide required skilled labor to support the OWNER around the clock to ensure the facility maintains its fully operational mode and to address any warranty or performance issues in a timely manner that prevents adverse impact to the performance of the facility. J. The Commissioning Period is 14 continuous days without equipment failures for all systems being commissioned. Failure of equipment or facilities where, in the opinion of the OWNER, a significant interruption or impact to performance occurs will be grounds for restarting the Commissioning Period. K. During Commissioning, complete and document any operational tests that could not be completed during the Operational Test Phase due to lack of process fluid. 3.5 SCHEDULING A. Identify time frames for testing, facility start up, and commissioning activities in the Schedule specified in Section 01310—CPM Construction Schedule. LOTWP—Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660- 14 90%Submittal B. Update schedule as the testing process occurs. C. Use hourly scheduling when required by the tasks to be completed and coordinated. 3.6 PAYMENT A. Section 01305 - Schedule of Values includes a value for all WORK specified in this Section. No payment will be released until completion of all testing, training and commissioning. - END OF SECTION - LOTWP—Bonita Pump Station Testing, Facility Startup, and Commissioning Work Order 209 01660 - 15 90%Submittal SECTION 01664-TRAINING PART 1-- GENERAL 1.1 DESCRIPTION A. This Section contains requirements for training the OWNER's personnel, by persons retained by the CONTRACTOR specifically for the purpose, in the proper operation and maintenance of the equipment and systems installed under this Contract. Training is required for the following equipment and systems: 1. Section 11140—Vertical Diffusion Vane Pumps(including Motors) (8 hours) 2. Section 13500 — Instrumentation and Control System (including Security Cameras and Analyzers) (Instrument Training- 1 sessions at 8 hours each and Supplemental Training—1 sessions at 8 hour each) 3. Section 15180—Valves and Gate Actuators(4 hours) 4. Section 15500—HVAC (4 hours) 5. Section 16150—Adjustable Frequency Drives (2 sessions at 4 hours each) 8. Section 16610—Uninterruptible Power Supply(4 hours) 9. Section 16721—Fire Detection and Alarm Systems(4 hours) B. Where required by the Contract Documents, the CONTRACTOR shall provide on-the-job training of the OWNER's personnel. The training sessions shall be conducted by qualified, experienced, factory-trained representatives of the various equipment manufacturers. Training shall include instruction in both operation and maintenance of the subject equipment. Training shall occur on Tuesdays, Wednesdays, or Thursdays only. Actual training hours required is the number of hours of training to be provided to each attendee as specified in Subparts 1.1A.1 through 1.1A.12 above. If the training hours specified in Subparts 1.1A.1 through 1.1A.12 above differ from the training hours specified in corresponding Technical Specification Sections, the training hours specified in Subparts 1.1A.1 through 1.1A.12 above shall govern. C. OWNER videotaping, photographing, audio recording, or other documentation of training classes: OWNER reserves the right to videotape, photograph, audio record, or otherwise document any or all training classes. The organization(s) conducting the training and the CONTRACTOR shall cooperate with the OWNER in making such videotapes, photographs, audio recordings, which shall remain the exclusive property of the OWNER. LOTWP—Bonita Pump Station Training Work Order 209 01664- 1 90%Submittal 1.2 SUBMITTALS A. The following information shall be submitted to the ENGINEER in accordance with the provisions of Section 01300 - Submittals. The material shall be reviewed and accepted by the ENGINEER as a condition precedent to receiving progress payments in excess of 50 percent of the Contract Price and not less than 3 weeks prior to the provision of training. 1. Lessons plans for each training session to be conducted by the manufacturer's representatives. In addition, training manuals, handouts, visual aids, and other reference materials shall be included. 2. Subject of each training session, identity and qualifications of individuals to be conducting the training, and tentative date and time of each training session. PART 2 -- PRODUCTS 2.1 GENERAL A. Where specified, the CONTRACTOR shall conduct training sessions for the OWNER's personnel to instruct the staff on the proper operation, care, and maintenance of the equipment and systems installed under this Contract. Approved operation and maintenance manuals shall be available at least 30 days prior to the date scheduled for the individual training session. 2.2 TRAINING AIDS A. Each instructor is encouraged to use audio-visual devices, P&IDs, models, charts, and so forth to increase the transfer of knowledge. The organization conducting the training shall furnish all such equipment (televisions, CD/DVD recorder/player, projectors, screens easels, ect.), models, and charts for each class. It shall be the responsibility of the organization conducting the training to confirm in advance that the class room will be appropriate for the types of audio-visual equipment to be employed. 2.3 LOCATION A. Training sessions shall take place at the Field Trailer, except for field training on the actual equipment which shall occur at the Project Site. 2.4 LESSON PLANS A. Formal written lesson plans shall be prepared for each training session. The OWNER may request that particular subject matter be emphasized and the lesson plans shall be adjusted to accommodate these requests. Lesson plans shall contain an outline of the material to be presented along with a description of visual aids to be utilized during the session. Each plan shall contain a time allocation for each subject. B. One complete set of originals of the lesson plans, training manuals, handouts, visual aids, and reference material shall be the property of the OWNER and shall be suitably bound for proper LOTWP—Bonita Pump Station Training Work Order 209 01664-2 90%Submittal organization and easy reproduction. The CONTRACTOR shall furnish ten copies of necessary training manuals, handouts, visual aids and reference materials at least 1 week prior to each training session. 2.5 FORMAT AND CONTENT A. Each training session shall be comprised of time spent both in the classroom and at the specific location of the subject equipment or system. As a minimum, training session shall cover the following subjects for each item of equipment or system: 1. Familiarization a. Review catalog, parts lists, drawings, etc., which have been previously provided for the OWNER's files and operation and maintenance manuals. b. Check out the installation of the specific equipment items. c. Demonstrate the unit and indicate how all parts of the Specifications are met. d. Answer questions. 2. Safety a. Using material previously provided, review safety references. b. Discuss proper precautions around equipment. 3. Operation a. Using material previously provided, review reference literature. b. Explain all modes of operation (including emergency). c. Check out OWNER's personnel on proper use of the equipment. 4. Preventive Maintenance a. Using material previously provided, review preventive maintenance (PM) lists including: 1) Reference material. 2) Daily, weekly, monthly, quarterly, semiannual, and annual jobs. b. Show how to perform PM jobs. c. Show OWNER's personnel what to look for as indicators of equipment problems. 5. Corrective Maintenance LOTWP—Bonita Pump Station Training Work Order 209 01664-3 90%Submittal a. List possible problems. b. Discuss repairs--point out special problems. c. Open up equipment and demonstrate procedures, where practical. 6. Parts a. Show how to use previously provided parts list and order parts. b. Check over spare parts on hand. Make recommendations regarding additional parts that should be available. 7. Local Representatives a. Where to order parts: name, address, telephone. b. Service problems: 1) Who to call. 2) How to get emergency help. 8. Operation and Maintenance Manuals a. Review any other material submitted. b. Update material, as required. PART 3 -- EXECUTION A. Training shall be conducted in conjunction with, but separate from,the operational testing and commissioning periods. Training shall not be scheduled until the manufacturer has certified that the equipment or system is properly installed and performs satisfactorily. Specific classes shall be scheduled a minimum of three weeks in advance to allow OWNER staffing arrangements. The OWNER shall approve the class scheduling. Classes shall be scheduled such that classroom sessions are interspersed with field instruction in logical sequence. The CONTRACTOR shall arrange to have the training conducted on consecutive days, with no more than 6 hours of classes scheduled for any one day. Concurrent classes shall not be allowed. Training shall be certified. B. Acceptable operation and maintenance manuals for the specific equipment shall be provided to the OWNER at least 30 days prior to the start of any training. C. The following services shall be provided for each item of equipment or system as required in individual Specification Sections. Additional services shall be provided, where specifically required in individual Specification Sections. LOTWP—Bonita Pump Station Training Work Order 209 01664-4 90%Submittal 1. As a minimum classroom equipment training for operations personnel will include: a. Using slides and drawings, discuss the equipment's specific location in the plant and an operational overview. b. Purpose and plant function of the equipment. c. A working knowledge of the operating theory of the equipment. d. Start-up, shutdown, normal operation, and emergency operating procedures, including a discussion on system integration and electrical interlocks, if any. e. Identify and discuss safety items and procedures. f. Routine preventative maintenance, including specific details on lubrication and maintenance of corrosion protection of the equipment and ancillary components. g. Operator detection, without test instruments, of specific equipment trouble symptoms. h. Required equipment exercise procedures and intervals. i. Routine disassembly and assembly of equipment if applicable (as judged by the OWNER on a case-by-case basis) for purposes such as operator inspection of equipment. 2. As a minimum, hands-on equipment training for operations personnel will include: a. Identify location of equipment and review the purpose. b. Identifying piping and flow options. c. Identifying valves and their purpose. d. Identifying instrumentation: 1) Location of primary element. 2) Location of instrument readout. 3) Discuss purpose, basic operation, calibration, maintenance, troubleshooting, repair and information interpretation. e. Discuss, demonstrate,and perform standard operating procedures and round checks. f. Discuss and perform the preventative maintenance activities. g. Discuss and perform start-up and shutdown procedures. LOTWP—Bonita Pump Station Training Work Order 209 01664-5 90%Submittal h. Perform the required equipment exercise procedures. i. Perform routine disassembly and assembly of equipment if applicable. j. Identify and review safety items and perform safety procedures, if feasible. 3. Classroom equipment training for the maintenance and repair personnel will include: a. Theory of operation. b. Description and function of equipment. c. Start-up and shutdown procedures. d. Normal and major repair procedures. e. Equipment inspection and troubleshooting procedures including the use of applicable test instruments and the "pass" and "no pass"test instrument readings. f. Routine and long-term calibration procedures. g. Safety procedures. h. Preventative maintenance such as lubrication; normal maintenance such as belt, seal, and bearing replacement; and up to major repairs such as replacement of major equipment part(s)with the use of special tools, bridge cranes, welding jigs, etc. 4. Hands-on equipment training for maintenance and repair personnel shall include: a. Locate and identify equipment components. b. Review the equipment function and theory of operation. c. Review normal repair procedures. d. Perform start-up and shutdown procedures. e. Review and perform the safety procedures. f. Perform OWNER-approved practice maintenance and repair job(s), including mechanical and electrical adjustments and calibration and troubleshooting equipment problems. D. If, in the opinion of the OWNER, the scheduled training was not provided by an appropriately knowledgeable person, such training shall be rescheduled and repeated with a suitable instructor at no additional cost to the OWNER. -END OF SECTION - LOTWP—Bonita Pump Station Training Work Order 209 01664-6 90%Submittal SECTION 01700- PROJECT CLOSEOUT PART 1 -- GENERAL 1.1 FINAL WALKTHROUGH INSPECTION A. When the CONTRACTOR has informed the ENGINEER that the WORK has been completed, the CONTRACTOR shall participate in a final walkthrough inspection with the OWNER and ENGINEER at which time the final punchlist will be prepared. The punchlist shall include all previously noted preliminary punchlist items and/or non-compliance or uncompleted work items. The CONTRACTOR shall complete and sign off all punchlist items with the ENGINEER. 1.2 FINAL CLEANUP A. The CONTRACTOR shall promptly remove from the vicinity of the completed WORK, all rubbish, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the WORK by the OWNER will be withheld until the CONTRACTOR has satisfactorily performed the final cleanup of the Site. 1.3 CLOSEOUT TIMETABLE A. The CONTRACTOR shall establish dates for equipment testing, acceptance periods, and on- Site instructional periods (as required under the Contract). Such dates shall be established not less than 3 weeks prior to beginning any of the foregoing items, to allow the OWNER, the ENGINEER, and their authorized representatives sufficient time to schedule attendance at such activities. 1.4 OPERATION AND MAINTENANCE INFORMATION COMPLETE AND TIMELY SUBMISSIONS A. The Operation and Maintenance Information is an integral part of the Project scheduling and execution. As such, it is critical information to evaluate the Project's progress and the proper planning of the OWNER's and ENGINEER's work effort associated with this Project. Accordingly, if any submittal required by Section 01300 — Submittals or Section 01730 — O&M Information is found to be incomplete or is submitted later than required, it may result in a deferral by ENGINEER to recommend whole or any part of CONTRACTOR's Application for Payment, either partial or final. 1.5 FINAL SUBMITTALS A. The CONTRACTOR, prior to requesting final payment, shall obtain and submit the following items to the ENGINEER for transmittal to the OWNER: 1. Written guarantees and warranties,where required. 2. Operation and Maintenance Manuals and instructions. 3. New permanent cylinders and key blanks for all locks. LOTWP—Bonita Pump Station Project Closeout Work Order 209 01700- 1 90%Submittal 4. Maintenance stock items; spare parts; special tools. 5. Completed Record Documents (Drawings). 6. Bonds for roofing, maintenance, etc., as required. 7. Certificates of inspection and acceptance by local governing agencies having jurisdiction. 8. Correction period bonds. 9. Releases from all parties (including private property owner's whose properties were used for yard or staging areas or were damaged) who are entitled to claims against the subject Project, property, or improvement pursuant to the provisions of law. 1.6 FINAL APPLICATION FOR PAYMENT A. Prior to the acceptance of the WORK and final payment, the OWNER will require the CONTRACTOR to submit a certificate in form as follows: [Name of CONTRACTOR] hereby certifies that all WORK has been performed and materials supplied in accordance with the Contract Documents for the above WORK, and that: 1. Not less than the prevailing rates of wages has been paid to laborers, workers and mechanics employed on this WORK; 2. All claims for material and labor and other services performed in connection with these Specifications have been paid; 3. All monies due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund (ORS, Chapter 657), the State Tax Commission (ORS 316.167), hospital associations and/or others, (ORS 279C.530), have been paid; 4. All permit final inspections and approvals are complete; 5. CONTRACTOR releases and discharges the City of Lake Oswego of and from all liabilities, claims, obligations and actions arising under the Contract; and 6. CONTRACTOR and the surety for this Contract shall defend, indemnify and save the City of Lake Oswego harmless from any liability or expense because of any claim on any Bond or any other claim related to the Contract or the WORK." 1.7 CORRECTION OF DEFECTIVE WORK A. The CONTRACTOR shall comply with the defective WORK correction requirements contained in Article 13 of the General Conditions. B. Replacement of earth fill or backfill, where it has settled below the required finish elevations, shall be considered as a part of such required corrective work, and any repair or LOTWP— Bonita Pump Station Project Closeout Work Order 209 01700-2 90%Submittal resurfacing constructed by the CONTRACTOR which becomes necessary by reason of such settlement shall likewise be considered as a part of such required corrective work unless the CONTRACTOR shall have obtained a statement in writing from the affected private owner or public agency releasing the OWNER from further responsibility in connection with such repair or resurfacing. C. The CONTRACTOR shall make all repairs and replacements promptly upon receipt of written order from the OWNER. If the CONTRACTOR fails to make such repairs or replacements promptly, the OWNER reserves the right to do the WORK and the CONTRACTOR and its surety shall be liable to the OWNER for the cost thereof. D. The ENGINEER will establish a Need for Warranty Service system with the OWNER whereby the OWNER will alert the CONTRACTOR of the need for warranty service any applicable warranty period. The CONTRACTOR shall respond promptly to these requests. 1.8 BOND A. The CONTRACTOR shall provide a Performance Bond to guarantee performance of the provisions in Article 13 of the General Conditions. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP—Bonita Pump Station Project Closeout Work Order 209 01700-3 90%Submittal SECTION 01710- FINAL CLEANUP PART 1 --GENERAL 1.1 GENERAL A. At the completion of WORK and immediately prior to final inspection, cleaning of the entire Project Site shall be accomplished according to the following provisions: 1. Thoroughly clean, sweep, and wash all work and equipment provided under the Contract, including finishes. The cleaning shall leave the structures and Site in a complete and finished condition. 2. Remove all temporary structures and all debris, including all dirt, sand, gravel, rubbish and waste material. 3. Should the CONTRACTOR not remove rubbish or debris or not clean the Site as specified, the OWNER reserves the right to have the cleaning done at the expense of the CONTRACTOR. 4. Cleaning materials shall be used only on surfaces recommended by the cleaning material manufacturers. 5. Grease, dust, dirt, stains, labels,fingerprints, and other foreign materials shall be removed from sight-exposed interior and exterior finished surfaces. In preparation for substantial completion or occupancy, a final inspection of sight-exposed interior and exterior surfaces, and of concealed spaces, shall be conducted. 6. Marred surfaces shall be repaired, patched, and touched up to specified finish, to match adjacent surfaces. 7. Materials shall be handled in a controlled manner with as few handlings as possible. Do not drop or throw materials from heights. 1.2 POST-CONSTRUCTION REPAIRS AND RESTORATION A. Unless otherwise specified or requested in writing by the OWNER, roads 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 the original grade and repaired with temporary hot-mix trench patch. Before resurfacing material is placed, edges of pavements shall be trimmed back far enough to provide clean, solid, vertical faces, and shall be free of loose material. All paved surfaces shall be cut with a pavement saw. Rough cuts are not allowed. Repair work shall conform to the City of Tigard Standard Specifications and Drawings. B. Reconstruct curbs, gutters, driveways, sidewalks, and similar structures that are broken or damaged. Reconstruct with the same kind of material, with the same finish, and in not less than the same dimensions as the original WORK. Make repairs by removing and replacing the entire portions between joints or scores and not merely refinishing any damaged part. When replacing sidewalk at intersection corners, construct curb ramps in accordance with the appropriate plans as determined by the ENGINEER. Match the appearance of the existing improvements as nearly as possible. C. Restore waterways, channels, drainage ditches, drains, culverts and similar facilities that are damaged to their original condition. Where necessary, provide temporary facilities or LOTWP—Bonita Pump Station Final Cleanup Work Order 209 01710- 1 90%Submittal temporarily realign such water courses to maintain a continuously serviceable facility until restored to its original location and condition. D. Cultivated and other planted surface areas and surface improvements shall be restored to their original condition. Hand-rake and drag all former grassed and/or planted areas leaving disturbed areas free from rocks, gravel, clay, or any other foreign material and ready, in all respect, for seeding. Provide a finished surface that conforms to the original surface, is free-draining and free from holes, rough spots, or other surface features detrimental to a seeded area. E. Existing guard posts, barricades, and fences shall be replaced if damaged during prosecution of the WORK. F. Restoring Mobilization, Staging, and Access Areas: Clean all properties that were disturbed during construction of the Project unless otherwise specified in Section 01545 - Protection and Maintenance of Property, Work, & Utilities. Dispose of all uprooted stumps, felled trees, brush, excess excavation, rock, discarded materials, rubbish and debris. Remove all equipment, tools and supplies and restore the occupied properties in a neat, clean and orderly condition, to an equal or better condition that existed before move in. 1.3 SITE CLEANUP A. Have the sidewalks and streets affected by the WORK swept by a street or sidewalk cleaner as needed to comply with sediment control requirements. Other surfaces of the grounds shall be rake cleaned. OWNER will not-authorize final payment until CONTRACTOR has removed all rubble and debris from the street and adjoining work areas, including all temporary staging, access, and parking areas used by CONTRACTOR. B. Clean sanitary sewers, sanitary manholes, storm sewers, and catch basins of any construction sediment or debris at the conclusion of the Project. Thoroughly flush with water for fluid lines. Debris cleaned from the lines shall be removed from the lowest access points. C. Remove all temporary facilities, utility drops, fencing. D. Remove all Project identification signs, barricades, tools, rubbish collection receptacles and other such items. Turn over to the OWNER at the conclusion of the Project any Project identification signs or custom traffic control signs. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) - END OF SECTION - LOTWP—Bonita Pump Station Final Cleanup Work Order 209 01710-2 90%Submittal SECTION 01720-RECORD DOCUMENTS PART 1 -- GENERAL 1.1 REQUIREMENTS INCLUDE A. Maintain at Site for ENGINEER's access one Record Copy of the Drawings, Specifications, Operation and Maintenance manuals, and Shop Drawings that are clearly marked to indicate all changes and or revisions. B. Unless otherwise specified, documents shall be full size and shall include the following: 1. Actual Project as constructed. 2. Addenda. 3. Change orders and other modifications. 4. Field revisions. 5. Request for Information/Clarification (RFI/C) responses. 6. All other changes. 1.2 MAINTENANCE AND DELIVERY OF DOCUMENTS A. Store documents in CONTRACTOR's field office apart from documents used for construction. 1. Provide files and racks for storage of documents. B. Maintain documents in clean, dry, legible condition and in good order. C. Make documents and samples available at all times for reference by ENGINEER. D. Keep documents current. Record required information at the time the material and equipment is installed. E. Record Documents will be reviewed monthly to ascertain that changes have been recorded. F. If determined by ENGINEER that Record Documents are inadequate or incomplete, the next scheduled progress payment will be withheld until Record Documents are acceptable to ENGINEER. 1.3 MARKING DEVICES A. Marking of the documents shall be kept current and shall be done at the time the material and equipment are installed. Annotations to the Record Documents shall be made with an erasable colored pencil conforming to the following color code: Additions- Red Deletions-Green Comments -Blue Dimensions-Graphite* LOTWP—Bonita Pump Station Record Documents Work Order 209 01720- 1 90%Submittal *Legibly mark to record actual depths, horizontal and vertical location of underground raceways, cables, and appurtenances referenced to permanent surface improvements. 1.4 RECORDING A. Label each document "RECORD" in neat large red printed letters. B. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. C. Documents shall be legibly marked to record actual construction: 1. Record actual depths, horizontal and vertical location of underground pipes, duct banks and other buried utilities exposed during construction. Reference location to Project Datum. 2. Identify and record specific details of piles, pile caps, ground anchors, manholes, cathodic protection systems, sump manholes, piping and any other structures or equipment installed as part of the WORK or as directed by the ENGINEER. 3. Record field changes of dimension and detail. 4. Record changes made by instruction to CONTRACTOR or by Change Order. 5. Record details not on original Contract Drawings (e.g., service lateral locations and size) 1.5 SUBMITTALS A. The following submittals shall be provided in accordance with Section 01300-Submittals: 1. At the completion of the WORK, prior to Final Payment, submit all Record Documents to ENGINEER. Submit one set of full-size Record Documents containing date, Project title, CONTRACTOR's name and address, list of documents, and signature of CONTRACTOR. 2. Include with submittal a transmittal letter containing: a. Date. b. Project title and number. c. CONTRACTOR's name and address. d. Title and number of each Record Document e. Signature of CONTRACTOR or its authorized representative and a statement that certifies that the Record Documents are accurate and reflect what was actually installed during construction. 3. In the case of those drawings which depict the detail requirement for equipment to be assembled and wired at the factory, update the Record Documents by indicating those portions which are superseded by Change Order documents or final Shop Drawings, and by including appropriate reference information describing the Change Orders by number and the Shop Drawings by manufacturer, drawing, and revision numbers. PART 2-- PRODUCTS (Not Used) PART 3 -- EXECUTION (Not Used) -END OF SECTION - LOTWP— Bonita Pump Station Record Documents Work Order 209 01720-2 90%Submittal SECTION 01730-OPERATING AND MAINTENANCE INFORMATION PART 1 -- GENERAL 1.1 GENERAL A. Operation and maintenance (O&M) instructions shall be provided in accordance with Section 01300 - Submittals, and as required in the Technical Specifications of the Contract Documents. O&M information shall be provided for each maintainable piece of equipment, equipment assembly or subassembly, and material provided or modified under this Contract. 1. All vendor supplied operations and maintenance manuals must be written in English. 2. Each O&M manual shall include a list of the Asset ID or P&ID tags that is covered by the manual. A single manual submittal may cover multiple items as long as they share common product specific options, wiring, and features. If the options, wiring or features differ between equipment from the same manufacturer, the options or features shall be clearly marked in the O&M manual with the associated Asset ID or P&ID tag. 3. Vendor O&M information shall contain the names, addresses, and telephone numbers of the manufacturer, the nearest representative of the manufacturer, and the nearest supplier of the manufacturer's equipment and parts. 4. O&M instructions must be submitted and accepted at least 30 days before on-Site training may start. B. CONTRACTOR shall provide preliminary O&M Manuals after the equipment submittal has been reviewed and accepted by the ENGINEER and before the equipment has arrived at the Site. C. CONTRACTOR shall provide final O&M Manuals after the preliminary manual has been reviewed and comments provided by the ENGINEER but prior to conducting on-Site training for the equipment. 1.2 SUBMITTALS A. Vendor O&M manuals, information, and data shall be transmitted in accordance with Section 01300 — Submittals accompanied by Transmittal Form 01730-A and Equipment Record Forms 01730-B and/or 01730-C, as appropriate. The transmittal form shall be used as a checklist to ensure the manual is complete. Only complete sets of O&M instructions will be reviewed for acceptance. O&M manuals shall be reviewed and approved in accordance with Section 01300— Submittals. Submissions found requiring corrections or to be incomplete shall be returned to the CONTRACTOR for correction and resubmission. All submitted and approved O&M manuals shall be retained by the ENGINEER. LOTWP—Bonita Pump Station Operating and Maintenance Information Work Order 209 01730- 1 90%Submittal 1. O&M MANUAL SUBMITTAL REGISTER: Provide an O&M manual submittal list within 4 months of the Notice to Proceed that includes at a minimum: a. A list of all O&M manuals to be submitted during the course of the Project. b. The Asset ID or P&ID tag(s) associated with each manual. c. Expected submittal date. d. Sub-contractor name. (as-required) e. Manufacturer's name. 2. O&M MANUALS: One printed copy and either three electronic copies on CD or DVD disc or one electronic copy through the Construction Management Software shall be provided. If disks are provided they shall have a professional quality label that includes, at a minimum, a descriptive title, Asset or P&ID tag, the name of the vendor or supplier, and a date of creation. 3. O&M manual submittals shall conform to the following requirements: a. For ease of identification, each manufacturer's brochure and manual shall be appropriately labeled with the Asst ID or P&ID tag, as it appears in the Contract Documents. b. If manufacturers' standard brochures and manuals are used to describe O&M procedures, such brochures and manuals shall be modified to reflect only the model or series of equipment used on this Project. Extraneous material shall be crossed out neatly or otherwise annotated or eliminated. 4. ELECTRONIC FILES: Electronic files shall be in Adobe PDF format for WindowsTM Electronic files shall also conform to the following requirements: a. File formats shall be in Adobe PDF file format latest version. Alternate electronic formats may be acceptable as determined by the ENGINEER. b. Each PDF document or alternate format shall be searchable. Scanned documents are not acceptable. c. Pages within the PDF must be formatted to standard letter (8 1/2 x 11) portrait for text and/or ledger (11 x 17) landscape for drawings. d. Include a copy of the PDF O&M Manual with each manual separated into individual chapters in separate PDF files. Include individual drawings as separate files. e. Include a copy of the PDF O&M Manual contained in one PDF file containing the entire O&M manual in one file. All chapters, sections and drawings must be bookmarked. Bookmarks shall include a logical description of the chapter or section or the title and number of a drawing. f. Font color shall be black. Font sizes for text based documents shall be no less than 10 pt. and no greater than 14 pt. for general text and no less than 12 pt. and no greater than 18 pt. for headers. LOTWP—Bonita Pump Station Operating and Maintenance Information Work Order 209 01730-2 90%Submittal g. File names shall be in English, clearly convey the information contained within the file, and must not exceed 100 characters in length. Only standard abbreviations may be used in file names. h. File names shall contain no spaces, shall not exceed 25 characters, shall have only alphanumeric characters, and shall not contain symbols such as: ' ! @ # $ % A & *( ) - = + < > ?/\ I . , ' ,, ; { [ }l. i. All information provided electronically shall be consistent with information provided in paper format. Do not add content to electronic submittal which is not also in the paper submittal. j. Files shall not be password protected. 5. PAPER MANUALS: The information in the paper manual shall be organized in the binders in numerical order by the equipment numbers assigned in the Contract Documents. a. The binders shall be provided with a cover, spine label, table of contents and tab sheets to permit easy location of desired information. Binders shall be white, D-ring, 3-post style suitable for bookshelf storage. b. Drawings: Provide with reinforced punched binder tab in the paper copy. Bind in with text; reduce larger drawings and fold to size of text pages but not larger than 11-inches by 17-inches or provide suitable packet with drawing identification. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 GENERAL A. Each manual shall include at a minimum separate chapters or sections describing operating instructions, preventative maintenance, corrective maintenance, troubleshooting, drawings, wiring diagrams, warranty information, spare parts, training information and any other information required to operate and maintain a piece of equipment, equipment assembly, subassembly, or material. B. Operating Instructions: Required operating instructions including specific instructions, procedures, and illustrations shall be provided for the following phases of operations: 1. Asset ID or P&ID and any other equipment tag numbers. 2. Name plate data of equipment installed. 3. Manufacturer's operation instructions including start-up, break-in, normal operating instructions and sequences and shut down. Provide a control sequence and diagrams for each of these operations. These will explain function, normal operating LOTWP—Bonita Pump Station Operating and Maintenance Information Work Order 209 01730- 3 90%Submittal characteristics, limiting conditions and operation and control of systems and specific equipment. 4. Emergency Operations: Provide emergency procedures for equipment malfunctions to permit a short period of continued operation or to shut down the equipment to prevent further damage to systems and equipment. Include emergency shutdown instructions for fire, explosion, spills, or other foreseeable contingencies. Provide guidance on emergency operations of all utility systems including valve locations and portions of systems controlled. 5. Performance curves, engineering data, and test results. 6. Summer, winter, and special operating instructions. 7. Sequence of operations and as-installed control diagrams by controls manufacturer with composite wiring diagrams. 8. Operating instructions for microprocessors or other programmable devices. 9. Routine procedures for troubleshooting. 10. Servicing and lubrication schedule and list of required fuel, air, oil, plant air, and HVAC filter replacement schedules including commercial number of each. 11. Safety Precautions: List personnel hazards for equipment and list safety precautions for all operating conditions. 12. Operator Restart: Provide requirements to set up and prepare each system for use. 13. Operator Services Requirement: Provide instructions for services to be performed by the operator such as lubrication, adjustments, and inspection. 14. Environmental Conditions: Provide a list of environmental conditions (temperature, humidity, and other relevant data) which are best suited for each product or piece of equipment and describe conditions under which equipment should not be allowed to run. C. Preventative Maintenance: The following information shall be provided for preventive and scheduled maintenance to minimize corrective maintenance and repair: 1. Lubrication Data: Provide lubrication data, other than instructions for lubrication and provide the following information: a. A table showing recommended lubricants for specific temperature ranges and applications. b. Charts with a schematic diagram of the equipment showing lubrication points, recommended types and grades of lubricants, and capacities. LOTWP—Bonita Pump Station Operating and Maintenance Information Work Order 209 01730-4 90%Submittal c. A lubrication schedule showing service interval frequency. 2. Preventive Maintenance Plan and Schedule: Provide manufacturer's schedule for routine preventive maintenance, inspections, tests, and adjustments required to ensure proper and economical operation and to minimize corrective maintenance and repair. Provide manufacturer's projection of preventive maintenance manhours on a daily, weekly, monthly, and annual basis including craft requirements by type of craft. D. Corrective Maintenance: Manufacturer's recommendations shall be provided on procedures and instructions for correcting problems and making repairs. 1. Troubleshooting Guides and Diagnostic Techniques: Provide step-by-step procedures to promptly isolate the cause of typical malfunctions. Describe clearly why the checkout is performed and what conditions are to be sought. Identify tests or inspections and test equipment required to determine whether parts and equipment may be reused or require replacement. 2. Wiring Diagrams and Control Diagrams: Wiring diagrams and control diagrams shall be point-to-point drawings of wiring and control circuits including factory-field interfaces. Provide a complete and accurate depiction of the actual job-specific wiring and control work. On diagrams, number electrical and electronic wiring and pneumatic control tubing and the terminals for each type identically to actual installation numbering. 3. Maintenance and Repair Procedures: Provide instructions and list tools required to restore product or equipment to proper condition or operating standards. 4. Removal and Replacement Instructions: Provide step-by-step procedures and list required tools and supplies for removal, replacement, disassembly, and assembly of components, assemblies, subassemblies, accessories, and attachments. Provide tolerances, dimensions, settings, and adjustments required. Instructions shall include a combination of test and illustrations. 5. Spare Parts and Supply Lists: Provide lists of spare parts and supplies required for maintenance and repair to ensure continued service or operation without unreasonably delays. Special consideration is required for facilities at remote locations. List spare parts and supplies that have a long lead time to obtain. 6. Corrective Maintenance Manhours: Provide manufacturer's projection of corrective maintenance manhours including craft requirements by type of craft. Corrective maintenance that requires participation of the equipment manufacturer shall be identified and tabulated separately. E. Appendices: The following information shall be provided; include information not specified in the preceding paragraphs but pertinent to the maintenance or operation of the product or equipment. LOTWP—Bonita Pump Station Operating and Maintenance Information Work Order 209 01730-5 90%Submittal 1. Parts Identification: Provide identification and coverage for all parts of each component, assembly, subassembly, and accessory of the end items subject to replacement. Include special hardware requirements, such as requirement to use high- strength bolts and nuts. Identify parts by make, model, serial number, and source of supply to allow reordering without further identification. Provide clear and legible illustrations, drawings, and exploded views to enable easy identification of the items. When illustrations omit the part numbers and description, both the illustrations and separate listing shall show the index, reference, or key number which will cross- reference the illustrated part to the listed part. Parts shown in the listings shall be grouped by components, assemblies, and subassemblies. 2. Warranty Information: List and explain the various warranties and include the servicing and technical precautions prescribed by the manufacturers or Contract Documents to keep warranties in force. 3. Personnel Training Requirements: Provide information available from the manufacturers to use in training designated personnel to operate and maintain the equipment and systems properly. 4. Testing Equipment and Special Tool Information: Provide information on test equipment required to perform specified tests and on special tools needed for the operation, maintenance, and repair of components. F. Payment: 1. Preliminary O&M manuals shall be submitted prior to payment in excess of 50% of the schedule of values line item for the equipment, product or material covered by the manual. 2. Final O&M manuals shall be submitted and accepted prior to requesting payment in excess of 90% of the schedule of values line item for the equipment, product or material covered by the manual. Payments in excess of 90% shall be withheld until the final manual has been submitted and accepted. G. Field Changes: 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. LOTWP—Bonita Pump Station Operating and Maintenance Information Work Order 209 01730-6 90%Submittal 01730-A. OPERATION AND MAINTENANCE TRANSMITTAL FORM: Date: Submittal No: To: Contract No: Spec. Section: Submittal Description: From: Attention: Contractor Construction Manager Checklist Satisfactory N/A Accept Deficient 1. Table of contents 2. Equipment record forms 3. Manufacturer information 4. Vendor information 5. Safety precautions 6. Operator prestart 7. Start-up,shutdown,and postshutdown procedures 8. Normal operations 9. Emergency operations 10. Operator service requirements 11. Environmental conditions 12. Lubrication data 13. Preventive maintenance plan and schedule 14. Troubleshooting guides and diagnostic techniques 15. Wiring diagrams and control diagrams 16. Maintenance and repair procedures 17. Removal and replacement instructions 18. Spare parts and supply list 19. Corrective maintenance man-hours 20. Parts identification 21. Warranty information 22. Personnel training requirements 23. Testing equipment and special tool information Remarks: Contractor's Signature LOTWP—Bonita Pump Station Operating and Maintenance Information Work Order 209 01730- 7 90%Submittal 01730-B. EQUIPMENT RECORD FORM: EQUIP DESCRIP EQUIP LOC EQUIP NO. SHOP DWG NO. DATE INST COST MFGR MFGR CONTACT MFGR ADDRESS PHONE VENDOR VENDOR CONTACT VENDOR ADDRESS PHONE MAINTENANCE REQUIREMENTS D W M Q S A Hours LUBRICANTS: RECOMMENDED: ALTERNATIVE: MISC. NOTES: RECOMMENDED SPARE PARTS ELECTRICAL NAMEPLATE DATA PART NO QUAN PART NAME COST EQUIP MAKE SERIAL NO. ID NO. MODEL NO. FRAME NO. HP V AMP HZ PH RPM SF DUTY CODE INSL. CL DES TYPE NEMA DES C AMB TEMP RISE RATING MISC. MECHANICAL NAMEPLATE DATA EQUIP MAKE SERIAL NO. ID NO. MODEL NO. FRAME NO. HP RPM CAP SIZE TDH IMP SZ BELT NO. CFM PSI ASSY NO. CASE NO. MISC LOTWP— Bonita Pump Station Operating and Maintenance Information Work Order 209 01730- 8 90%Submittal 01730-C. EQUIPMENT RECORD FORM: EQUIP DESCRIP EQUIP LOC EQUIP NO. SHOP DWG NO. DATE INST COST MFGR MFGR CONTACT MFGR ADDRESS PHONE VENDOR VENDOR CONTACT VENDOR ADDRESS PHONE MAINTENANCE REQUIREMENTS D W M Q S A Hours - END OF SECTION - LOTWP—Bonita Pump Station Operating and Maintenance Information Work Order 209 01730-9 60%Submittal SECTION 01788-ASSET MANAGEMENT INFORMATION DATABASE PART 1 --GENERAL 1.1 DESCRIPTION A. The CONTRACTOR will provide asset management data to the OWNER in an electronic format compatible to upload into the OWNER's Computerized Maintenance Management System (CMMS) Hansen 8 by Infor. CONTRACTOR will provide asset management data for equipment shown on the equipment list provided in this Specification Section and any approved equipment changes during construction. B. The Asset Management Information Database (AMID) is an Excel-based spreadsheet data loader provided by the OWNER for the OWNER's CMMS. The CONTRACTOR shall complete the AMID spreadsheets in accordance with this Specification and instructions contained within the AMID spreadsheets. C. The AMID consists of the current equipment list, and 12 spreadsheet tabs, one for each of the Asset Types listed in Part 3 below. For each Asset Type, CONTRACTOR will be required to populate approximately 15 to 30 Attribute Fields (e.g. voltage, purchase cost etc.). Portions of the AMID are filled in by the "Designer" (ENGINEER), portions by the OWNER, and portions by the CONTRACTOR. The CONTRACTOR's portion to be completed is designated via the label "Contractor" in the AMID spreadsheet row or column header. D. A general summary of the CONTRACTOR's responsibility is listed below: 1. The preliminary equipment (Table 2) list contains 105 items that will require attribute information. 2. Each piece of equipment requires approximately 15 to 30 attributes of information specific to the Asset Type of the equipment. 3. CONTRACTOR will submit the updated AMID monthly. 1.2 CONTRACTOR SUBMITTALS A. Submittals shall be made in accordance with Section 01300 - Submittals and requirements to this Section. B. CONTRACTOR shall submit AMID electronic files, submitted and updated monthly, to ENGINEER for review within 30 days of purchase or installation. PART 2-- PRODUCTS— NOT USED LOTWP—Bonita Pump Station Asset Management Information Database Work Order 209 01788- Page 1 90%Submittal PART 3 -- EXECUTION 3.1 GENERAL A. The AMID is the spreadsheet-based tool used by the OWNER to load equipment and instrument data into the OWNERS's CMMS. The AMID is not intended to be a complete listing of all equipment and instrumentation required by the Project. However, every equipment item, device, and instrument that is included in the Equipment List to be included in the AMID as well as any approved equipment that may be added or substituted during the Project's construction. B. The ENGINEER will provide the CONTRACTOR with a partially completed AMID in MS Excel format within 60 days of Notice to Proceed. If any data/information in this original-issue AMID is in conflict with information shown elsewhere in the Contract Documents, the other Contract Document requirements shall take precedence over the information listed in the AMID and CONTRACTOR will notify ENGINEER. C. The CONTRACTOR shall be responsible for completing the Attribute Fields in the AMID. The items on the Equipment List belong to 12 categories referred to as Asset Types shown in Table 1. Each Asset Type has a specific list of Attribute Fields. For example, the Driver Asset Type will require attributes listed in Table 3. The specific Attribute Fields will correspond to the Asset Type and will consist of 15 to 30 fields. Examples of the Attribute Fields required for Driver, Mechanical, and Valve are provided in Tables 3 through 5 with this Specification Section for reference. Table 1 Asset Type Asset Count Basins and Structures 0 Buildings 0 Driven 7 Driver 4 Electrical 4 Instrumentation 14 Landscape 0 Mechanical 35 Pipe/Main 4 SCADA 8 Site Civil 1 Valve 28 Total 105 D. The CONTRACTOR shall return the final, completed AMID spreadsheets without any changes in structure, column headings, drop-down menus or other non-data items. Any changes made to the working AMID for the convenience of the CONTRACTOR (or otherwise) LOTWP—Bonita Pump Station Asset Management Information Database Work Order 209 01788- Page 2 90%Submittal shall be removed for the monthly submittal AMID spreadsheets. The CONTRACTOR shall NOT change the wording of the column headings on the working copy. E. Some spreadsheet cells have predefined drop-down menus with predefined selections (such as manufacturers). Should the drop-down selection be inadequate for the product at hand, the CONTRACTOR shall arrange with the ENGINEER to directly contact the OWNER for direction. F. Example Enclosures • Current Equipment List (Table 2) • Asset Type: Driver Example (Table 3) • Asset Type: Mechanical Example (Table 4) • Asset Type: Valve Example (Table 5) LOTWP—Bonita Pump Station Asset Management Information Database Work Order 209 01788- Page 3 90%Submittal Table 2 Current Equipment List Lake Oswego Tigard Water Partnership Bonita Pump Station Item No. Equipment Tag ID Description Asset Type FNW-02-VTP-10 Vertical Turbine Pump 1 Driven FNW-02-VTP-20 Vertical Turbine Pump 2 Driven FNW-02-VTP-30 Vertical Turbine Pump 3 Driven FNW-02-VTP-40 Vertical Turbine Pump 4 Driven FNW-02-VTP-50 Future FNW-02-VTP-60 Vertical Turbine Pump 6 Driven FNW-02-GOV-11 Pump Control Valve— Pump 1 Discharge Valve Pump Control Valve— Pump 2 Discharge FN W-02-GOV-21 _ Valve Pump Control Valve—Pump 3 Discharge FNW-02-GOV-31 Valve Pump Control Valve— Pump 4 Discharge FNW-02-GOV-41 Valve FNW-02-GOV-51 Future FNW-02-GOV-61 Pump Control Valve—Pump 6 Discharge Valve FNW-02-BFV-11 Butterfly Valve - Pump 1 Discharge Valve FNW-02-BFV-21 Butterfly Valve - Pump 2 Discharge Valve FNW-02-BFV-31 Butterfly Valve - Pump 3 Discharge Valve FNW-02-BFV-41 Butterfly Valve - Pump 4 Discharge Valve FNW-02-BFV-51 Butterfly Valve - Pump 5 Discharge Valve FNW-02-BFV-61 Butterfly Valve - Pump 6 Discharge Valve FNW-02-BFV-10 Butterfly Valve - Pump 1 Suction Valve FNW-02-BFV-20 Butterfly Valve - Pump 2 Suction Valve FNW-02-BFV-30 Butterfly Valve - Pump 3 Suction Valve FNW-02-BFV-40 Butterfly Valve - Pump 4 Suction Valve FNW-02-BFV-50 Butterfly Valve- Pump 5 Suction Valve FNW-02-BFV-60 Butterfly Valve - Pump 6 Suction Valve FNW-02-BFV-04 Butterfly Valve— PRV Line Valve FNW-02-BFV-05 Butterfly Valve - PRV Line Valve FNW-02-BFV-71 Butterfly Valve - PRV Line Valve FNW-02-BFV-72 Butterfly Valve - PRV Line Valve FNW-02-PRV-71 Pressure Reducing Valve— Bypass Line Valve FNW-02-PRV-01 Pressure Reducing Valve— Bypass Line Valve FNW-02-ARV-10 Air Release Valve - Pump Valve FNW-02-ARV-20 Air Release Valve - Pump Valve FNW-02-ARV-30 Air Release Valve - Pump Valve FNW-02-ARV-40 Air Release Valve - Pump Valve LOTWP— Bonita Pump Station Asset Management Information Database Work Order 209 01788- Page 4 90%Submittal Item No. Equipment Tag ID Description Asset Type FNW-02-ARV-50 Future FNW-02-ARV-60 Air Release Valve- Pump Valve FNW-02-CAV-01 Combination Air Valve— Discharge Line Valve FNW-02-CAV-71 Combination Air Valve— Discharge Line Valve FNW-02-CAV-72 Combination Air Valve—Suction Line Valve FNW-51-VTP-10 250HP Motor 1 Driver FNW-51-VTP-20 250HP Motor 2 Driver FNW-51-VTP-30 250HP Motor 3 Driver FNW-51-VTP-40 250HP Motor 4 Driver FNW-51-VTP-50 Future FNW-51-VTP-60 200HP Motor 4 Driver FNW-51-VFD-10 Variable Frequency Drive 1 Electrical FNW-51-VFD-20 Variable Frequency Drive 2 Electrical FNW-51-VFD-30 Variable Frequency Drive 3 Electrical FNW-51-VFD-40 Variable Frequency Drive 4 Electrical FNW-51-VFD-50 Future Electrical FNW-51-VFD-60 Variable Frequency Drive 4 Electrical FNW-51-AE-101 pH/Temperature Instrumentation FNW-51-AIT-101 pH/Temperature Transmitter Instrumentation FNW-51-AE-102 Conductivity Sensor Instrumentation FNW-51-SUP-101 Sump Pump 1 Driven FNW-51-SUP-102 Sump Pump 2 Driven FNW-51-BFP-101 Backflow Preventer 1 Valve FNW-51-BFP-102 Backflow Preventer 2 Valve FNW-51-EWH-101 Electric Water Heater Mechanical FNW-51-EUH-101 HVAC- Pump Room Unit Heater 1 Mechanical FNW-51-EUH-102 HVAC- Pump Room Unit Heater 1 Mechanical FNW-51-PF-102 HVAC- Pump Room Propeller Fan Mechanical FNW-51-CD-103 HVAC- Pump Room Control Damper 1 Mechanical FNW-51-CD-104 HVAC- Pump Room Control Damper 2 Mechanical FNW-51-EUH-202 HVAC- Electric Room Unit Heater Mechanical FNW-51-CD-204 HVAC- Electric Room Control Damper 1 Mechanical FNW-51-CD-205 HVAC- Electric Room Control Damper 2 Mechanical FNW-51-TCP-201 HVAC-Temperature Control Panel SCADA FNW-51-DFC-201 HVAC- Control Room Ceiling-Mounted Fan Coil Mechanical FNW-51-CD-301 HVAC-West Mech. Attic Control Damper 1 Mechanical FNW-51-CD-302 HVAC- West Mech. Attic Control Damper 2 Mechanical FNW-51-CD-305 HVAC-West Mech. Attic Control Damper 3 Mechanical LOTWP—Bonita Pump Station Asset Management Information Database Work Order 209 01788- Page 5 90%Submittal Item No. Equipment Tag ID Description Asset Type FNW-51-PF-301 HVAC-West Mech. Attic Propeller Fan Mechanical FNW-51-AHU-301 HVAC-Air Handling Unit Mechanical FNW-51-CU-301 HVAC -Condensing Unit Mechanical FNW-51-UF-301 HVAC- Utility Fan Mechanical FNW-51-DHP-301 HVAC- Heat Pump Mechanical FNW-51-CCTV-101 RIPS CCTV Camera One - Electrical Room SCADA FNW-51-CCTV-102 RIPS CCTV Camera Two— Pump Room SCADA FNW-51-CCTV-103 RIPS CCTV Camera Three - Entrance SCADA LOTWP—Bonita Pump Station Asset Management Information Database Work Order 209 01788- Page 6 90%Submittal Table 3 Asset Type: Driver (Example) Responsibility Attribute Designer Asset ID Owner Location Information Contractor Amps/Amperage Designer Description Designer Design Designer Design Voltage Contractor Filter Contractor Fluid Contractor Frame size Contractor HP Contractor Lubricant Amount Contractor Lubricant Type Designer Max Output Horsepower Contractor Phase Contractor Protection Type Contractor Rating/Normal operating design capacity Contractor Type Contractor Expected life Contractor Installation cost Contractor Installation date Contractor Local Supplier Contractor Manufacturer Contractor Mean Time Between Failure Contractor MSDS Contractor Nameplate Information Contractor Purchase Cost Contractor Purchase Date Contractor Safety Information Contractor Vendor Contractor Warranty Information LOTWP—Bonita Pump Station Asset Management Information Database Work Order 209 01788- Page 7 90%Submittal Table 4 Asset Type: Mechanical (Example) Responsibility Attribute Designer Asset ID Owner Location Information Contractor Belt/chain Designer Description Designer Design Temperature (inlet) Designer Design Temperature (inlet) Contractor Fluid Contractor Fuel Type Contractor Heat Transfer (rated) Contractor Lubrication Contractor Type Contractor Expected life Contractor Installation cost Contractor Installation date Contractor Local Supplier Contractor Manufacturer _ Contractor Mean Time Between Failure Contractor MSDS Contractor Nameplate Information Contractor Purchase Cost Contractor Purchase Date Contractor Safety Information Contractor Vendor Contractor Warranty Information LOTWP—Bonita Pump Station Asset Management Information Database Work Order 209 01788- Page 8 90%Submittal Table 5 Asset Type: Valve -4" or Larger Responsibility Attribute Designer Asset ID Owner Location Contractor # of Turns Contractor Actuator Designer Description Contractor Diameter Contractor Direction to Open Contractor Flange Bolt Size Contractor Fluid Contractor Gasket Type/Material Contractor Length Contractor Main Function Contractor Material Designer Normal Position Contractor Operator Depth Contractor Pressure (design) Contractor Seat Material Contractor Type Contractor Where mounted Contractor Expected life Contractor Installation cost Contractor Installation date Contractor Local Supplier Contractor Model Number Contractor Manufacturer Contractor Mean Time Between Failure Contractor Nameplate Information Contractor Purchase Cost Contractor Purchase Date Contractor Safety Information Contractor Vendor Contractor Warranty Information -END OF SECTION- LOTWP—Bonita Pump Station Asset Management Information Database Work Order 209 01788- Page 9 90%Submittal SECTION 01900-SEISMIC ANCHORAGE AND BRACING REQUIREMENTS PART 1 -- GENERAL 1.1 DESCRIPTION A. GENERAL: 1. This Section establishes the minimum seismic anchorage and bracing requirements for architectural, mechanical, and electrical components, as well as non-building structures. All components and non-building structures shall be permanently attached to supporting structures with sufficient strength and ductility to resist the forces described in this section. Gravity supports and anchorages are specified on the drawings and in subsequent sections of the Contract Documents. B. CONTRACTOR RESPONSIBILITIES: 1. Design, provide and install all supports, restraints, and anchorages as required herein. 2. Engineering design is not required where such supports are specifically detailed on the Drawings or specified. Engineering design is not required where tabularized system selection guides are specified using listed References. 3. Ensure that all manufacturers, material suppliers, and subcontractors understand and conform to requirements of this Section. 4. Coordinate and verify the location of anchor bolts prior to the placing of concrete. See paragraph 3.1. Coordinate and assist Special Inspections as specified in Section 01400 Quality Control. 5. Component testing and certifications described in OSSC 1707.7.2 and 1707.7.3 are not required except for anchors, structural connectors, proprietary structural components or systems or as indicated on the Drawings. C. DESIGN REQUIREMENTS: 1. SDS 0.61g 2. SD1 0.21g 3. Occupancy Category IV 4. Seismic Design Category D 5. Importance Factor, I 1.5 6. Element& Non-structural Importance, Ip 1.5 LOTWP—Bonita Pump Station Seismic Anchorage And Bracing Requirements Work Order 209 01900- 1 90%Submittal 1.2 REFERENCES A. This Section contains references to the following documents. They are a part of this Section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this Section as if referenced directly. In the event of conflict between the requirements of this Section and those of the listed documents, the requirements of this Section shall prevail. B. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Offers). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization, or if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued, or replaced. Reference Title OSSC 2007 Oregon Structural Specialty Code, based on the 2006 IBC ASCE 7 American Society of Civil Engineers, Minimum Design Loads for Buildings and Other Structures, 2005 ASTM C 635 Standard Specification for the Manufacture, Performance, and Testing of Metal Suspension Systems for Acoustical Tile and Lay-in Panel Ceilings ASTM C 636 Standard Practice for Installation for Metal Ceiling Suspension Systems for Acoustical Tile and Lay-in Panel Ceilings API STD 650 Welded Steel Tanks for Oil Storage AWWA D100 Welded Steel Tanks for Water Storage ASME A 17.1 Safety Code for Elevators and Escalators ASME B 31 Code for Pressure Piping ASME Boiler and Pressure Vessel Code SMACNA Seismic Restraint Manual NFPA Standard for the Installation of Sprinkler Systems Rack Manufacturers Institute Specification for the Design, Testing and Utilization of Industrial Steel Storage Racks LOTWP— Bonita Pump Station Seismic Anchorage And Bracing Requirements Work Order 209 01900-2 90%Submittal 1.3 SUBMITTALS A. Submittals shall be provided for each piece of equipment, system, or anchorage, in accordance with Section 01300-Submittals and shall include the following information: 1. Certificate of Compliance for each CONTRACTOR Designed bracing system, signed and sealed by a Professional Engineer registered in Oregon. Certification shall state that the component's support and anchorage systems are designed to withstand the required seismic forces and displacements in accordance with this Section. This Certificate may be included in required submittals for CONTRACTOR Designed Structural Systems in Section 01400—Quality Control. 2. Installation drawings for each component of sufficient detail to represent the installed conditions. Provide component information including weight, location, bracing and anchor types, material, size, embedment, number and locations. If CONTRACTOR- designed, comply with Submittal item 1 above and Section 01400—Quality Control. PART 2--PRODUCTS 2.1 Materials and products associated with the requirements of this Section are specified in their respective Division 2 through 16 Sections or noted on the Drawings. PART 3--EXECUTION 3.1 GENERAL REQUIREMENTS A. Design and construct component bracing and anchorage to resist the seismic forces specified above. These forces shall be considered acting at the center of gravity of the piece under consideration. No equipment shall be anchored to vertical structural elements without written approval of the ENGINEER. B. All anchorage of equipment is specified to be made by cast-in anchor bolts in concrete elements unless specifically noted otherwise on the Drawings or other specification Sections. CONTRACTOR shall be responsible for any remedial work or strengthening of concrete elements because of superimposed seismic loading if anchor bolts are improperly installed or omitted due to lack of submittal review or improper placement for any reason, at no additional cost to the OWNER. C. The exceptions to bracing and anchorage requirements in Section 9.6.1 of ASCE-7 do not apply to process equipment and associated piping, power supply, instrumentation and control features required for the normal or emergency operation of the facility. 3.2 ARCHITECTURAL COMPONENTS: A. Architectural components include, but are not necessarily limited to, nonstructural walls and partitions, parapets, veneers, ceilings, penthouses, cabinets and storage racks, access floors, appendages, ornamentation, signs and billboards. Structural and architectural Drawings and specifications generally provide engineered designs for nonstructural walls, LOTWP—Bonita Pump Station Seismic Anchorage And Bracing Requirements Work Order 209 01900-3 90%Submittal partitions, parapets, veneers, ceilings and penthouses. Bracing and anchorage requirements, or the use of a CONTRACTOR designed system for other architectural components, are described on the Drawings or in each Section specifying that item. All items listed above may not be included in this Contract. 3.3 MECHANICAL COMPONENTS: A. Mechanical components include, but are not necessarily limited to HVAC ducts and mechanical units in total, boilers and furnaces, plumbing to include non-buried pipes and all fixtures, fire protection systems, power generation equipment, manufacturing and process mechanical equipment units and piping, storage tanks and bins, conveying systems, elevators and escalators. B. Vibration isolated equipment shall be provided with snubbers capable of retaining the equipment in its designated location without any material failure or deformation of the snubbers when exposed to a vertical or horizontal force at the contact surface equal to 100 percent of the operating weight of the equipment. Air gaps between retainer and equipment base shall not exceed 1/4-inch. C. Piping with flexible connections and/or expansion joints shall be anchored such that the intended uses of these joints are maintained in the piping system. D. Ducts and pipes shall be braced according to SMACNA for the Seismic Hazard Level (SHL) in the facility at the point of anchorage as required. Associated equipment units whose weight falls within the SMACNA tables may also be braced using this method. Larger units shall be braced with CONTRACTOR-designed systems if not shown specifically on the Drawings 3.4 ELECTRICAL COMPONENTS: A. Electrical components include, but are not necessarily limited to power distribution systems and associated equipment, control and instrumentation systems and associated equipment, and lighting systems. B. Conduits shall be braced according to SMACNA for the Seismic Hazard Level (SHL) in the facility at the point of anchorage as required. Cable trays and grouped duct runs whose weight falls within the SMACNA tables may also be braced using this method. Heavier components shall be braced with CONTRACTOR-designed systems if not shown specifically on the Drawings. - END OF SECTION - LOTWP— Bonita Pump Station Seismic Anchorage And Bracing Requirements Work Order 209 01900-4 90%Submittal