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Report (38) t/p SECTION 00 11 13-ADVERTISEMENT FOR BIDS Q` / TUALATIN VALLEY WATER DISTRICT 114,041 LINCOLN CENTER WATER MAIN REPLACEMENT PROJECT Leh, BIDS DUE SEPTEMBER 30, 2015 BY 2:00 P.M. or e oLWcProject for Tualatin ValleySealed Bids Waterfpi at (Owner)on willof be the acceptedincoln byCenter Wendy BurnsaterMain, ContractsReplaCoordinatorement , Tualatin Valley Water District, 1850 SW 170th Avenue, Beaverton, Oregon 97003, until March 30, 2016 at 2:00 p.m., PDST. Bids received prior to the deadline for submission will be publicly opened and read aloud immediately thereafter. Any bids received after the specified time will not be considered. The Bidder is required to submit a First Tier Subcontractor Disclosure Form, as described by ORS 279C.370, in a separate envelope within two (2) hours of said bid closing time. The District must reject a bid if the bidder fails to submit the disclosure form by the deadline. The proposed work contemplated for the project consists of furnishing required labor, equipment, and materials for construction of the following: • Approximately 1,190 linear feet of 4-inch through 12-inch diameter ductile iron and polyvinyl chloride water main with joint restraints, • Fire hydrants, ductile iron fire hydrant leads with polyethylene encasement, connections and abandonment of existing water mains, cathodic protection, pipeline appurtenances, water meters, backflow prevention assemblies, water service connections, testing, associated surface restoration, clean-up, traffic control, erosion control, and incidental related work as described in the Contract Documents. All work is to be completed (Final Completion) within Eighty(80) calendar days of the Notice to Proceed. Anticipated Notice to Proceed date is May 6, 2016. Plans and solicitation documents may be viewed at the Tualatin Valley Water District office, 1850 SW 170th Avenue, Beaverton, OR 97003, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, except legal holidays. Bidding Documents may be obtained via an online website at www.contractorplancenter.com. To obtain copies of the plans and solicitation documents in either electronic or hard copy format, contact: 0.27Z)- -0 Contractor Plan Center, Inc. OFFICE COPY 5468 SE International Drive Milwaukie, OR 97222 Phone: (503) 650-0148 O ( �- X Fax: (503) 650-8273 S� /(T ,ren 411 k E-mail megan@contractorplancenter.com0,91-t9.0 1� www.contractorplancenter.com Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Advertisement for Bids—Section 00 11 13-1 The plan holder's list will be published and updated on the website. Bidders shall be notified by the plan center when addenda are published. All addenda will be published on the website. Bidders are responsible for the cost of obtaining the Bid Documents. The Bidder will also be responsible for signing a confidentiality agreement prior to obtaining the documents. Return of the documents is not required, and the amount paid for the Bid Documents is nonrefundable. There will not be a pre-bid conference for this project. Contractors must be qualified in accordance with the applicable parts of ORS 279 in order to enter into a contract with the OWNER for public work in Oregon. Bidders are required to complete and submit with their bid Section 00 45 13, "Statement of Bidder's Qualifications". The Owner will investigate and determine the qualifications of the apparent low bidder as part of its evaluation of the lowest responsive and responsible bid. No bid will be received or considered by the Owner unless the bid form contains, or is accompanied by, a statement by the bidder, as a part of the bid that the provisions required by ORS 279C.800 through 279C.870 pertaining to prevailing wages shall be included in this contract. Contractor licensing under ORS 468A.720 for asbestos abatement is not a requirement of this project. Each bid must contain a statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. Each bid must contain a statement as to whether the bidder is registered with the Oregon Construction Contractors Board in accordance with the provisions of ORS 279C.365. Bids must be submitted on the prescribed forms and must be accompanied by a certified check or bid bond executed in favor of the Tualatin Valley Water District in an amount not less than ten (10) percent of the amount bid. The successful bidder will be required to furnish the necessary additional bond(s)for the faithful performance of the contract as prescribed in the Contract Documents. The Tualatin Valley Water District reserves the right to reject any and all bids not in compliance with all prescribed public contracting procedures and requirements, including bidder responsibility under ORS 279C.375(3)(b), and may reject for good cause any and all bids upon the District's finding that it is in the District's or the public's best interest to do so. The District reserves the right to waive informalities and to award a contract to the qualified lowest responsive and responsible bidder. For more information regarding this project contact Javier Moncada, Project Engineer with Tualatin Valley Water District at(503) 863-0793. Published March 29, 2016 Axa Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Advertisement for Bids—Section 00 11 13-2 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS 1.1 Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. B. Bid Date: Date and time set for bid as stated in Section 001113— Advertisement for Bids or as modified by addenda C. Bidder: One who submits a Bid to Owner as distinct from a subbidder, who submits a Bid to a Bidder. D. Apparent Low Bidder: The Bidder whose Bid as offered in the Bid Form represents the lowest total as determined by the Base Bid. E. Base Bid: Includes Bid for the Unit Price Work. F. Successful Bidder: The lowest, responsible and responsive Bidder to whom Owner(on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, may be obtained from the Issuing Office as described in Section 001113, Advertisement for Bids. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids. Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents. 2.3 Drawings bound in the Bidding Documents are photographic reductions of original tracings. Amount of reduction is indicated by a note or scale bar in the Drawings. Full- size Drawings may be obtained from the Issuing Office at cost of reproduction and handling, plus postage for mailing (if mailing is requested). Drawings will only be made available to firms listed as having complete sets of Bidding Documents. No return of full-size Drawings is required, and no refund will be made. 3. QUALIFICATIONS OF BIDDERS 3.1 In order to perform public work, Bidder and its Subcontractors, prior to award of Contract, shall hold or obtain such licenses as required by State Statutes, federal, and local laws and regulations. 3.2 If submittal of a Statement of Bidder's Qualifications Form is not required as part of the Bid Documents, within 5 days of Owner's request, Bidder shall submit written evidence, such as financial data, previous experience, present commitments, and such other data as may be requested. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-1 3.3 Bidder shall not be listed on the Bureau of Labor and Industries list of persons having violated prevailing wage rate laws as required in ORS 701.227. 3.4 Bidder shall not be in violation of any tax laws as required in ORS 305.385. 3.5 Bidder shall have a drug-testing program as required in ORS 279C.505. 3.6 Bidders for public work in Oregon shall be prequalified in conformance with ORS Chapter 279C, in the manner designated in the Advertisement for Bids. 3.7 Bidders shall be prequalified based on experience in the type of work required for this Project. The Prequalified Contractor list will be available prior to the project advertising date. 3.8 The Bidder must submit the completed qualifications form provided in Section 004513, Bidders Qualifications. If Bidder has a current Standard Qualification Statement substantially similar in content, it may be attached in lieu of the form provided. 4. BID PREPARATION 4.1 Bids shall be submitted on the Bid forms that are issued by the Owner. All blank spaces in the Bid form must be completed in ink, with both words and figures where required. Written amounts shall take precedence where there is a conflict between the written amount and the figure. No modifications shall be made in the phraseology of the forms. Any Bid which contains omissions, erasures, alterations or additions of any kind, or prices uncalled for, or which in any manner shall fail to conform to the conditions stated in Section 001113, Advertisement for Bids, and the Instructions to Bidders, Section 002113, may be deemed non-responsive by the Owner. Modifications made to the Bidder's entries in the Bid must be initialed. 4.2 The Bidder shall sign his Bid in the blank space provided therefore. Bids made by corporations or partnerships shall contain names and addresses of the principal officers or partners. If the Bid is made by a corporation, it must be acknowledged by one of the principal officers thereof, or if made by a partnership, by one of the partners. 4.3 The Bid is on a Unit Price basis. Bid prices 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 Article 11.02 of Section 007200, Standard General Conditions. Cash Allowance(s) if applicable, are described in Standard General Conditions' Article 11.02, and in the Bid Form. Payment will be made for work actually performed as specified in Section 012000, Measurement and Payment Procedures. 4.4 Owner has obtained the permits included as an Appendix to the Bid Documents. The Contractor shall adhere to all permits issued by federal, state, and local agencies. Federal, state, and local agencies having a responsible and/or jurisdiction relating to the environment include, but are not limited to the agencies listed in Paragraph 23.1 of these instructions, or in Article 6 of Section 007300—Supplementary Conditions. 4.5 Owner does not pay for services before it receives them. No prepayments or deposits will be considered. Owner also does not compensate for Bidder's costs to prepare responses to this Invitation to Bid. 4.6 Each Bidder shall obtain Bidding Documents from the Issuing Office including the official Bid Form, and, if applicable, the Bid Bond Form. No substitution of the Bid Form will be allowed. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-2 4.7 A Bid by a corporation shall be executed in the corporate name by the president or vice-president or other corporate officer accompanied by evidence of authority to sign. 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. 4.8 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. 4.9 A Bid by a limited liability company shall be executed in the name of the firm by a member 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. 4.10 A Bid by an individual shall show the Bidder's name and official address. 4.11 A Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 4.12 All names shall be typed or printed in ink below the signatures. 4.13 The Bid shall contain an acknowledgement of receipt of all Addenda; the numbers of which shall be filled in on the Bid Form. 4.14 The address and telephone number for communications regarding the Bid shall be shown. 4.15 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualifications prior to award of the contract. Bidder's state contractors' license number and class, if any shall also be shown on the Bid Form. 5. EXAMINATION OF PROJECT SITE CONDITIONS 5.1 Bidder shall inspect the Project site with special attention directed to conditions of work prior to submitting a bid. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated work in strict accordance with Contract Documents. Upon reasonable request, Owner will provide each Bidder access to the Project site to conduct such examinations as Bidder deems necessary for submission of Bids. 6. SUBSURFACE INFORMATION 6.1 The Supplementary Conditions of these specifications identify the tests of subsurface conditions at or contiguous to the Project site that the Engineer has used in preparing the Bidding Documents, and identifies any other documents that are available by Owner to the Bidder upon request to assist in understanding the subsurface conditions and preparing Bids appropriately. Bidder is responsible for any interpretation or conclusion Bidder draws from any technical data or information contained in such reports. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-3 7. EXAMINATION OF WORK CONDITIONS AND CONTRACT DOCUMENTS 7.1 It is understood that the Bidder, before signing his Bid, has made a careful examination of all conditions pertaining to the work and of the Contract Documents; that he has fully informed himself as to the quality of materials and character of work required; and that he has made a careful examination of the location and condition of the work and the sources of supply for materials. Bidder agrees upon submittal of bid that no further investigation or examination of the Project site is necessary to complete the construction within the times and in accordance with the terms and conditions of the Bidding Documents. Bidder also agrees that any discrepancies found in the plans have been given to the Engineer in writing and the Bidder accepts the terms and conditions of the written resolutions by the Engineer. 8. REQUESTS FOR CHANGES TO SCOPE/SPECIFICATIONS OR PROTESTS TO THIS SOLICITATION 8.1 Requests for changes to the Project Scope/Specifications or protests to this Solicitation must be received by 5 p.m., at least three (3) working days prior to Bid Closing Time. 9. SUBSTITUTE AND "OR-EQUAL" ITEMS 9.1 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. 10. CONFIDENTIALITY 10.1 Information submitted by bidders shall be subject to Oregon Public Records Law. Bids will be available for public inspection after selection, except to the extent the proposer designates trade secrets or other proprietary data to be confidential pursuant to the Oregon Public Records Law(ORS 192.501(2) and ORS 192.502(4)). To facilitate public inspection of non-confidential portions of the bid, all confidential material shall be clearly identified. The word "Confidential" shall be stamped in red on all pages containing confidential material. Owner shall verify and determine that the confidential information claimed to be exempt is, in fact, exempt from disclosure under the Oregon Public Records Law. All requests for public inspection of bids are subject to the Owner's Public Records Request filing requirements. Any costs associated with the inspection shall be at the sole expense of the bidder making the request. 11. SUBMISSION OF BID 11.1 All Bids must be submitted prior to the time and at the place prescribed in Section 001113, Advertisement for Bids. Bids shall be submitted in a completely sealed envelope addressed to the Tualatin Valley Water District with the name: of the Bidder, the name of the improvements for which the Bid is being submitted, and the time and date of the bid closing plainly written on the outside of the envelope. 11.2 The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following data: A. Statement of Bidder's Qualifications Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-4 B. First-Tier Subcontractor Disclosure Form (submitted within 2 hours of bid closing time) C. Affidavit of Non-collusion D. Bid Bond E. Affidavit of Contractor or Subcontractor Prevailing Wages 11.3 Bids may be modified or withdrawn if submitted to District headquarters on Bidder letterhead and signed by an authorized representative of Bidder at any time prior to the opening of Bids. Facsimile or electronic delivery of modification or withdrawal documents shall not be accepted. A request for modification should not reveal the bid price, but should indicate the amount of increase or decrease the Bidder wishes to make in a bid item or a total bid. Modified bids shall reference the solicitation number and shall include the words "Bid Modification." 11.4 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. Questions regarding submittal of this Bid shall be addressed to: Contact: Wendy Burns, Contracts Coordinator Phone: 503-848-3055 E-mail: wendv.burns(c�tvwd.orq 12. PREBID CONFERENCE 12.1 A prebid conference will not be held as part of this project. 13. PROJECT SITE AND OTHER AREAS AND CONDITIONS 13.1 The Project site is identified in the Bidding Documents. The Owner has negotiated with the adjacent land owners to obtain easements for performing the Work where specifically identified on the plans. The Contractor will be responsible for security, temporary fencing, topsoil removal, storage and replacement, and reseeding of the entire fenced/disturbed area as described in the plans and individual specification sections. The easement areas, if applicable, are shown as limits of construction and are delineated on the plan sheets. Requirements and restrictions to these easements are listed in individual specification sections. Contractor shall perform a pre-construction inspection of nearby structures and shall monitor vibration and settlement in accordance with specifications. No additional easements for permanent structures or permanent changes in existing facilities are to be obtained or paid for by Owner. 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. Owner shall be notified in writing of any agreements between Contractor and private property owners. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-5 14. LATE BIDS 14.1 Bids received after the scheduled closing time for filing bids will not be opened or considered by the Owner. 15. BID GUARANTEE 15.1 Bids must be accompanied by a certified check drawn on a bank in good standing, or a Bid Bond issued by a surety company authorized to issue such bonds in the State of Oregon, in an amount not less than ten percent (10%) of the total amount of the Bid submitted. This check or bid bond shall be given as a guarantee that if awarded the Contract for construction of the project, the successful Bidder will execute the attached Contract and furnish a properly executed Performance and Payment Bond in the full amount of the Contract price within seven (7) calendar days after the date of the Owner's Notice-of-Award. The Owner reserves the right to retain the bid security of the three (3) lowest Bidders until the successful Bidder has signed and delivered the Contract and furnished the required Performance and Payment Bond and insurance certificates. Upon failure of the lowest Bidder to sign and deliver the Contract and said bond, upon failure of the second Bidder to provide the required Documents, the third bid may be accepted. 15.2 Bid securities in the form of a certified check will be returned after the evaluation of bids, except those of the three (3) lowest Bidders, which will be retained and returned within seven (7) days after the Contract has been executed or other disposition made in accordance with the provisions stated herein. Bid bonds will be returned in the same manner as certified checks, if the Bidder so requests. 16. OPENING OF BIDS 16.1 All Bids received prior to the scheduled bid closing time will be publicly opened and read aloud even though there may be irregularities or informalities therein, except that any unsigned Bid will not be read and therefore, rejected without consideration. The Owner reserves the right to reject any and all bids. Bids may be rejected if they show any alteration of form, admissions, not called for, conditions or alternate bids, irregularities of any kind, a clause in which the Bidder reserved the right to accept or reject a Contract awarded to him, or if they are not in conformity with the law. Bids in which prices are obviously unbalanced may be rejected. Failure to submit the first tier subcontractor disclosure form in a separate envelope within the 2-hour time limit after bid closing time required by ORS 279C.370 will result in the resection of the bid. 17. NOTIFICATION OF INTENT TO AWARD A CONTRACT AND PROTEST PROCESS 17.1 Within fourteen (14) calendar days after the bid closing, the Owner will accept one Bid from a qualified bidder based upon lowest responsive and responsible bid or will reject all Bids. 17.2 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. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-6 17.3 In evaluating Bidders, Owner may 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 either with the Bid, or otherwise prior to issuance of the Notice of Award. 17.4 In evaluating Bidders, Owner will use the following guidance for math errors if encountered on the Bid Form. In the event of a conflict between: The Bid Price is: A. Unit Price times Estimated Quantity and Individual Unit Price multiplied Total Unit Price by Estimated Quantity B. Sum of Total Unit Prices and Subtotal Sum of all Individual Unit Price Amounts for each price schedule Totals C. Sum of Subtotals for Lump Sum Prices, Sum of schedule Subtotals and Unit Prices, Cash Allowances and Grand Cash Allowances Total Bid Amount 17.5 Owner may conduct such investigations as Owner deems necessary to establish responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other individuals or entities to perform the Work in accordance with the Contract Documents. 17.6 If the Contract is to be awarded, Owner will award the Contract to Bidder whose Bid is in the best interests of the Project. 17.7 Once a decision is made as to which bidder is to receive the award, a notice of intent to award will be sent to all bidders. The notification will be conveyed in writing via e-mail and followed up via post to the office designated on the Bid. Per ORS 279 and the Owner's procurement procedures, once notice of intent to award a contract is given to all bidders, an aggrieved bidder may protest the award within the two (2) day period after the notice of intent to award is given. An aggrieved bidder is a bidder who is adversely affected and has a right to protest the award. To be adversely affected, the aggrieved bidder must claim itself as lowest responsive, responsible, or best bidder and must be next in line for award. Protests received after the two (2) day period will not be considered. 18. EXECUTION OF CONTRACT 18.1 Any Bidder submitting a Bid accepted by the Owner shall, within ten (10) days after receiving notice of award, the agreements, and bond forms for signing, execute the Contract, the form of which is hereto attached; and shall furnish the Performance and Payment Bond and insurance certificates. If the successful Bidder fails to execute the Contract and furnish the bond, it is agreed that the Owner will suffer certain damages which are difficult to ascertain and it is further agreed that the bid security is a reasonable estimate of such damages. In the event the successful Bidder fails to Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-7 execute the Contract and provide the bond as required herein, the bid security shall be retained by the Owner as liquidated damages. 19. PERFORMANCE AND PAYMENT BONDS 19.1 Any Bidder submitting a Bid accepted by the Owner shall file with the Owner, at the time of execution of the Contract, a Performance and Payment Bond of the form bound herewith in the full amount of the Contract price, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials of the construction of the work, and to cover all guarantees against defective workmanship or material, or both, for a period of two (2) years after the date of final acceptance of the work by the Owner, per ORS279C.380(3). The surety company furnishing said bond shall have a sound financial standing, shall be authorized to do business in the State of Oregon and shall have a record of service satisfactory to the Owner. The Attorney-in-Fact(Resident Agent) who executed the bond must file with each bond a notarized and effectively dated copy of his Power of Attorney. 20. INTERPRETATIONS AND ADDENDA 20.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the 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. If any person contemplating submitting a Bid is in doubt as to the true meaning of any part of the Drawings, Specifications or other Contract Documents, or finds discrepancies in or omissions from the Drawings or Specifications, he may submit to the Engineer a written request for an interpretation or correction thereof, and to be given consideration, shall be received at least two (2) working days prior to the date fixed for bid closing time. The person submitting the request will be responsible for its prompt delivery. Any and all such interpretations or correction of the documents will be made only by written addenda which, if issued, will be mailed or otherwise delivered to each prospective Bidder receiving set of Bidding Documents. It is recognized by the Bidder that the Owner and the Engineer will make a good faith effort in attempting to deliver any supplemental instructions by addendum, but neither the Owner or the Engineer will be responsible for such delivery and the Bidder shall verify the issuance of all such addenda prior to submitting a bid. Failure of any Bidder to receive any such addendum shall not relieve such Bidder from any obligation under his bid as submitted. Neither the Owner nor the Engineer will be responsible for any other explanation or interpretations of the Contract Documents. 20.2 Questions received less than two (2) working days prior to the date for receiving Bids may not be answered. Only questions answered by written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 20.3 Addenda may also be issued to modify or clarify the Bidding Documents as deemed advisable by Owner or Engineer. 20.4 Addenda may also be issued to withdraw the request for bid or postpone Bid Closing Time. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-8 20.5 All Addenda issued prior to the time for receiving Bids shall be incorporated in and become a part of the Bidding Documents as if they were originally included therein. Bidders shall acknowledge receipt of Addenda by completing the lines provided on the Bid form for such acknowledgment. 20.6 Questions regarding interpretation of documents shall be addressed to: Contact: Adam J. Crafts, P.E. Phone: (360) 695-7041 E-mail: adam.crafts@walliseng.net 21. CERTIFICATION OF NON-DISCRIMINATION • 21.1 The Bidder shall deliver to the Owner written certifications, as part of the bid, pursuant to ORS 279A.110(4), that the Bidder has not discriminated and will not discriminate against minority, women or emerging small business enterprises in obtaining any required subcontracts. Failure to include this certification shall be grounds for bid disqualification. 22. CONTRACTOR DRUG TESTING REQUIREMENTS 22.1 Bidder must certify that an employee drug-testing program is in place per ORS 279C.505 (2). The drug testing requirements include: A A written employee drug-testing policy. B Required drug testing for all new subject employees or alternatively, required testing of all subject employees every 12 months on a random selection basis. C Required testing of a subject employee when the contractor has reasonable cause to believe the subject employee is under the influence of drugs. 22.2 A drug-testing program that meets the above requirements will be deemed a "qualifying employee drug-testing program." For purposes of this solicitation, an employee is a "subject employee" only if that employee will be working on the public improvement project site. 22.3 The contractor shall represent and warrant that the qualifying employee drug-testing program is in place at the time of contract execution and will continue in full force and effect for the duration of the contract. Further, the Owner's performance obligation (which includes without limitation, the Owner's obligation to make payment) is contingent upon Contractor's compliance with this representation and warranty. 22.4 The Public Improvement Contract shall contain contractor's covenant that it will require each subcontractor providing labor for the project to: A. Demonstrate to the Contractor that it has a qualifying employee drug-testing program for the subcontractor's subject employees, and represent and warrant to the Contractor that the qualifying employee drug-testing program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or B. Require that the subcontractor's subject employees participate in the Contractor's Qualifying Employee Drug Testing Program for the duration of the subcontract. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-9 23. PROTECTION OF THE ENVIRONMENT 23.1 Upon award, Contractor will comply with 279C.510 and 279C.525 dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the work. Any unforeseen work relating to the prevention of environmental pollution or the preservation of natural resources shall be considered extra work. Contractor shall conduct operations in conformity to the applicable Sections of ORS Chapter 468, laws amendatory thereto, and all pertinent regulation of the Department of Environmental Quality and other agencies of the state and the federal government, as well as ordinances or resolutions enacted or adopted by local authorities. It is public policy that all practicable means be exercised to prevent, control, and abate the pollution of waters of the state and to maintain reasonable purity of the air by the control or abatement of air pollution. Contractor shall exercise every reasonable precaution throughout the life of the contract to safeguard the air and water resources of the state by controlling or abating air pollution, as defined in ORS 468A.005 and ORS 4686.005, in accord with the policy and purpose set forth in ORS Chapters 468A and 468B. Contractor shall adhere to all permits issued by federal, state, and local agencies. Federal, state, and local agencies having a responsible and/or jurisdiction relating to the environment include, but are not limited to the following agencies: U.S. Department of Health and Human Services U.S. Environmental Protection Agency U.S. Department of Transportation U.S. Army Corps of Engineers U.S. Department of Fish and Wildlife U.S. National Oceanic and Air Administration Oregon Department of Environmental Quality Oregon Department of Energy Oregon Department of Human Resources Oregon Department of Water Resources Oregon Division of State Lands Oregon Land Conservation and Development Commission Washington County Board of Commissioners City of Tigard Community Development Department Clean Water Services Local City Councils and Commissions Washington County Planning Commission Washington County Land Use and Transportation 24. CERTIFICATES OF COMPLIANCE Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-10 24.1 Upon completion of the work, and prior to the payment of the final estimate, the contractor shall submit an affidavit stating: "I (we) hereby certify 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 have been paid to laborers, workers and mechanics employed on this work. 2. There have been no unauthorized substitutions of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the Engineer prior to the start of such subcontracted work. 3. No subcontract was assigned or transferred or performed by any subcontractor other than the original subcontractor, without prior notice having been submitted to the Engineer together with the names of all subcontractors. 4. All claims for material and labor and other services performed in connection with these specifications have been paid. 5. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund (ORS 279C.505), the State Tax Commission (ORS 315.575,316.711 and 316.714), hospital associations and/or others, (ORS 279.C530), have been paid." 24.3 The affidavit must be executed and sworn to by the Officer or Agent or the Contractor or Subcontractor who supervises the payment of employees, before the Owner will release the Surety and/or make final payment due under the terms of the Contract. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Instructions to Bidders-Section No. 00 21 13-11 SECTION 00 41 43 BID FORM NOTE TO BIDDER: Use BLACK ink or printer for completing this Bid Form. PROJECT IDENTIFICATION: Owner: Tualatin Valley Water District Project: Lincoln Center Water Main Replacement Prosect THIS BID IS SUBMITTED BY: Name of Bidder: Address: E-mail: Phone: Tax Payer ID No.: To: Chief Executive Officer and Board of Commissioners of the Tualatin Valley Water District: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the Owner, to perform and furnish all labor, tools, equipment, materials and services as specified or indicated in the Bidding Documents for the Bid Price and within the Bid Times as indicated in this Bid and in accordance with the other terms and conditions in the Contract Documents. 2. The undersigned Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders including, without limitation, those dealing with the disposition of Bid Security. 3. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid Opening. 4. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Documents within ten (10) days after the date of the Owner's Notice-of-Award. 5. In submitting this Bid, Bidder declares, as more fully set forth in the Agreement, that: 5.1. Bidder has made a careful examination of the Bidding Documents. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-1 5.2. The undersigned, as Bidder, acknowledges that Addenda numbered through (Words) (Words) have been delivered to him, have been examined as part of the Contract Documents and have the same force and effect as though they were originally included in the Bidding Documents. 5.3. Bidder has made an examination of the site of the proposed work and has made such investigations necessary to determine the conditions to be encountered independently of those indicated in the Bidding Documents. 5.4. Bidder has correlated the information known to Bidder, information obtained from site visits, reports and drawings identified in the Bidding Documents and all additional information, investigations, explorations, tests, studies, and data with the Contract Documents. 5.5. Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered pertaining to the Project during preparation of his Bid and the written resolution thereof by the Engineer is acceptable to Bidder; and the Contract Documents as modified by Addenda 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. 5.6. Bidder has read and accepts the provisions in Standard General Conditions Article 4, as may be modified in the Supplementary General Conditions, which limit the extent to which Contractor may rely on information provided by Owner or Engineer with respect to subsurface and physical Conditions, existing subsurface or concealed conditions and underground facilities. 5.7. Bidder has read and accepts the provisions in Standard General Conditions Article 6, as may be modified in the Supplementary General Conditions that describe the Contractor's responsibilities on the project. 5.8. If its Bid is accepted, Bidder will furnish all necessary bonds required by the specifications and will contract with the Owner, in the form bound herein, to provide all labor, tools, equipment, materials and services required to complete the work according to the Bidding Documents. 5.9. That Bidder will begin the work within ten (10) days from Notice to Proceed and pursue the work to completion without cessation or shutdown unless approved in writing by the Owner. 5.10. That he is familiar with and will comply with all local, state and federal laws even though such laws may not have been quoted or referred to in the specifications; that he will do all the work as required by the Bidding Documents. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-2 5.11. That he is aware of the general nature of Work to be performed by the Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Bidding Documents. 6. It is understood that the quantities stated in connection with the price schedule for the contract submitted herewith are approximate only and payment shall be made on the unit prices named for the actual quantities incorporated in the completed work. Only those items for which estimated quantities are given may be increased or decreased at the unit price named. If there shall be an increase in the total payment for an item covered by a lump sum price, it shall be computed on a basis of Extra Work for which an increase in payment will have been earned, and if there be a decrease in a lump sum payment for any such item, it shall be made only as the result of negotiation between the undersigned and the Owner. 7. The undersigned hereby certifies that Bidder ("is" or"is not"-- enter one) a resident bidder as defined in ORS 279A.120. 8. The undersigned hereby certifies that Bidder ("has" or"has not"—enter one) established an employee drug testing program. 9. The undersigned acknowledges that this Project is subject to ORS 279C.800 to 2790.870 and the undersigned agrees to comply with the provisions of ORS 2790.840 (Oregon Prevailing Wage Rates). 10. All prices for which schedules are provided herein have been completed in full by the showing of a lump sum or unit price required for each and every item thereof. The total price for each item and the grand total computed contract price are necessary for the sole purpose of the facilitating comparison of bids. The grand total amount is provided in both figures and words; if there are any discrepancies the prices in words shall govern. The undersigned proposes to furnish labor, materials, equipment, and services of all kinds required for the Project, including all appurtenant work, all as required by the plans and specifications and this Bid Form for the prices in accordance with the completed Schedule of Contract Prices as follows: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-3 SCHEDULE OF CONTRACT PRICES TUALATIN VALLEY WATER DISTRICT BRIDLE HILLS WATER SYSTEM IMPROVEMENTS PROJECT BIDDER understands that the OWNER may reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all bids upon finding of the OWNER that it is in the public interest to do so; and that the OWNER reserves the right to waive informalities in the bidding. Item Description Estimated Units Unit Price Total Price Quantity 1 Mobilization 1 LS $ $ 2 Temporary Traffic Control 1 LS $ $ 3 Erosion Control 1 LS $ $ 4 Construction Survey 1 LS $ $ 5 Private Utility Location 1 LS $ $ 6 Over-Excavation and Backfill 30 CY $ $ 7 Foundation Material 30 CY $ $ 8 4-Inch PVC Pipe with Joint 380 LF $ $ Restraints 9 6-Inch PVC Pipe with Joint 40 LF $ $ Restraints 10 8-Inch PVC Pipe with Joint 230 LF $ $ Restraints 11 12-Inch PVC Pipe with Joint 400 LF $ $ Restraints 12 6-Inch DI Pipe with Joint 90 LF $ $ Restraints Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-4 Item Description Estimated Units Unit Price Total Price Quantity 13 12-Inch DI Pipe with Joint 90 LF $ $ Restraints 14 4-Inch DI Small Fitting with 7 EA $ $ Joint Restraints 15 6-Inch DI Small Fitting with 8 EA $ $ Joint Restraints 16 8-Inch DI Small Fitting with 10 EA $ $ Joint Restraints 17 10-Inch DI Small Fitting with 1 EA $ $ Joint Restraints 18 12-Inch DI Small Fitting with 11 EA $ $ Joint Restraints 1 g 4-Inch DI Large Fitting with 1 EA $ $ Joint Restraints 20 12-Inch DI Large Fitting with 5 EA $ $ Joint Restraints 21 6-Inch Gate Valve with Joint 6 EA $ $ Restraints 22 1-Inch Manual Air Release 1 EA $ $ Valve 23 Fire Hydrant Assembly 2 EA $ $ 24 Water Service Connection at 1 LS $ $ Red Lobster 25 Water Service Connection at 1 LS $ $ One Lincoln 26 Water Service Connection at 1 LS $ $ Two Lincoln 27 Water Service Connection at 1 LS $ $ Three Lincoln 28 Water Service Connection at 1 LS $ $ Four Lincoln Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-5 Item Description Estimated Units Unit Price Total Price Quantity 29 3-Inch Water Meter and Vault 1 LS $ $ 30 8-Inch Water Meter and Vault 1 LS $ $ 31 4-Inch Backflow Prevention 1 LS $ $ Assembly and Vault 32 10-Inch Backflow Prevention 1 LS $ $ Assembly and Vault 33 Locate Wire Test Station 4 EA $ $ 34 Cathodic Protection Test 2 EA $ $ Station 35 32 LB Galvanic Anode 28 EA $ $ 36 Additional Bonding 28 EA $ $ 37 8-Inch Hot Tap Connection 2 EA $ $ 38 12-Inch Hot Tap Connection 1 EA $ $ 39 Thrust Block 5 CY $ $ 40 Connection to Existing Water 1 EA $ $ System 41 Abandon Existing Water 1 LS $ $ System 42 Remove and Replace Cement 232 LF $ $ Concrete Curb, All Types 43 Remove and Replace Cement 94 SY $ $ Concrete Sidewalk 44 Remove and Replace Cement 1 EA $ $ Concrete Curb Ramp Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-6 Item Description Estimated Units Unit Price Total Price Quantity 45 Remove and Replace Cement 229 SY $ $ Concrete Roundabout Panels Permanent Asphalt Concrete 46 Trench Restoration, 4-Inch 449 SY $ $ Depth Permanent Asphalt Concrete 47 Trench Restoration, 6-Inch 58 SY $ $ Depth 48 Miscellaneous Surface 1 LS $ $ Restoration Grand Total Bid Amount Grand Total Bid Amount in words: Dollars And Cents BIDDER understands that the OWNER may reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all bids upon finding of the OWNER that it is in the public interest to do so; and that the OWNER reserves the right to waive informalities in the bidding. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-7 BID BOND REQUIREMENTS Accompanying this proposal is (cash, a certified check, or a bid bond) in the amount of (Circle one.) Dollars ($ ) Words Figures that is not less than ten (10) percent of the Grand Total bid amount. PROJECT COMPLETION AND LIQUIDATED DAMAGES 1. Bidder agrees that the work will be Substantially Complete in as defined in paragraph 14.04 of the Standard General Conditions as may be amended by the Supplementary General Conditions within the times specified in the Agreement as provided by paragraph 2.03 of the Standard General Conditions as may be amended by the Supplementary General Conditions. 2. Bidder agrees that the work will be Complete and ready for processing Final Payment as defined in paragraph 14.07 of the Standard General Conditions as may be amended by the Supplementary General Conditions within the times specified in the Agreement as provided by paragraph 2.03 of the Standard General Conditions as may be amended by the Supplementary General Conditions. 3. 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. ATTACHMENTS TO BID FORM The following documents are attached to and made a condition of this Bid: 1. Required Bid Bond (Section 004143) 2. Statement of Bidder's Qualifications (Section 004513) 3. Non-Collusion Affidavit (Section 004519) 4. First Tier Subcontractor Disclosure Form (Section 004547) 5. Affidavit of Contractor or Subcontractor Prevailing Wages (Section 004548) The following document must be submitted at the time of bidding or within two (2) hours of the bid closing time and submission is a condition of this Proposal: 1. A list of First-Tier Subcontractors required to be identified (Section 004547). Oregon law requires that all contractors doing work for hire must be registered with the Oregon Construction Contractors Board or licensed by the State Landscape Contractors Board. The undersigned hereby certifies that the bidder is registered with the Oregon Construction Contractors Board or licensed by the State Landscape Contractors Board. CCB No. Federal I.D. No. Submitted on , 2015 Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-8 If Bidder is An Individual: Signature of Bidder (Individual's Name) Doing Business as Address Phone Number If Bidder is A Partnership: Signature of Bidder (General Partner) Doing Business as Address Phone Number Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-9 If Bidder is A Corporation: Corporate Name Signature of Bidder (Name of Person Authorized to Sign) (Title) Attest (Secretary) Address Phone Number If Bidder is A Limited Liability Corporation: LLC Name Signature of Bidder (Name of Person Authorized to Sign) (Title) Address Phone Number Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-10 If Bidder is A Joint Venture: Joint Venture Name Company Name Signature (Name of Person Authorized to Sign) Company Name Signature (Name of Person Authorized to Sign) Address and Phone Number for Joint Venture to receive official communications: Address Phone Number END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Bid Form -Section No. 00 41 43-11 SECTION 00 45 13 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. Questions shall be answered on separate attached sheets when space on this form is inadequate to address the question properly. The Bidder may submit additional information on separate sheets. Any information bidder desires to keep confidential must be clearly marked. 1. Company Name: 2. Company address, telephone and e-mail address: 3. Date organized: 4. If a corporation, provide state of incorporation: 5. List any prior company names: 6. How many years has your firm been engaged in similar construction work under your present firm name or trade style? 7. Provide three (3) references for work completed of similar work by the firm or key personnel of the firm for open trench pipe installation, completion date, and approximate size (dollar value of contract): A. B. C. 8. List contracts currently in progress (provide title, contract schedule, and total dollar value of each contract and the anticipated dates of completion): A. B. C. 9. Describe the general character of work performed by you in the past. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Statement of Bidder's Qualifications-Section No. 00 45 13-1 10. List and attach the more important contracts recently completed by you, stating approximate cost of each, and the month and year completed. A. B. C. 11. List your major equipment available for this contract. 12. List seven projects of similar size and complexity to this project for which the firm was awarded contracts within the last 8 years. A. B. C. D. E. F. G. 13. Provide the background and experience of the principal members of your organization, including the officers. 14. Provide the name and years of experience of the Project Manager, Project Superintendent, assigned to this project. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Statement of Bidder's Qualifications-Section No. 00 45 13-2 15. Can you state to the best of your knowledge that neither you nor any of your principals: A. Are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from submitting bids or proposals by any federal, state, or local entity, department or agency; B. Have within a five-year period preceding the date of this certification been convicted of fraud or any other criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract, embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; C. Are presently indicted for or otherwise criminally charged with commission of any of the offenses enumerated in Paragraph B of this certification; D. Have within a five-year period preceding the date of this certification had a judgment entered against contractor or its principals arising out of the performance of a public or private contract; E. Have pending in any state or federal court any litigation in which there is a claim against bidder or any of its principals arising out of the performance of a public or private contract; and F. Have within a five-year period preceding the date of this certification had one or more public contracts (federal, state or local)terminated for any reason related to contract performance. 16. Bidder attests that: A. The person submitting this offer has the authority to submit the offer and to represent Bidder in all phases of this procurement process; B. The information provided herein is true and accurate; C. Bidder is a "resident bidder", as described in ORS 279A.120 in the State of Oregon, or is a non-resident bidder of (insert State) and has not discriminated against any minority, women, or emerging small business enterprises in obtaining any required subcontracts in accordance with ORS 279A.110. Non-resident bidder also agrees to report their participation in this contract, if awarded, to the Oregon Department of Revenue as required by ORS 279A.120 (3); D. Any false statement may disqualify this offer from further consideration or be the cause of contract termination; E. Bidder has the appropriate financial, material, equipment, facility, personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities; Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Statement of Bidder's Qualifications-Section No. 00 45 13-3 F. If awarded a contract, Bidder will notify Owner Purchasing within 30 days of any change in information provided on this form. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of recitals comprising this statement of Bidder's Qualifications. I hereby certify that the answers to the foregoing statements attached hereto including any supplemental data, are true and correct to the best of my knowledge. By: Signature Title Company Name Date WITNESS: State of Oregon) County of ) Sworn to before me and subscribed in my presence the day of , 2015. Notary Public for Oregon, My Commission Expires (Seal) END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Statement of Bidder's Qualifications-Section No. 00 45 13-4 SECTION 00 45 19 NON-COLLUSION AFFIDAVIT LINCOLN CENTER WATER MAIN REPLACEMENT PROJECT STATE OF OREGON County of I state that I am the of (Title) (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid. I state that: (1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder, except as disclosed on the attached appendix. (2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or non-competitive bid or other form of complementary bid. (4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non- competitive bid. (5) The above named firm, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described on the attached appendix. I state that the above named firm understands and acknowledges that the above representations are material and important, and will be relied on by the Tualatin Valley Water District in awarding the contract(s)for which this bid is submitted. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Non-Collusion Affidavit-Section No. 004519-1 I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Tualatin Valley Water District of the true facts relating to this submission of bids for this contract. Name/ Position Sworn to and subscribed before me this day of , 2015. Notary Public for Oregon My commission expires: (seal) INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Oregon Public Contracts and Purchasing Laws, a public contracting agency may reject any or all bids upon a finding of the agency that it is in the public interest to do so (ORS 279C.395). This agency finds that it is in the public interest to require the completion of this affidavit by potential contractors. 2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid. 3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid. 4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term "complementary bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or non-competitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition. 6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid. 7. Completed, signed and notarized Affidavit must be submitted with the bid before bid opening. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Non-Collusion Affidavit-Section No. 004519-2 SECTION 00 45 48 AFFIDAVIT OF CONTRACTOR OR SUBCONTRACTOR PREVAILING WAGES State of Oregon County of (Name of person signing Affidavit) (Title) OF DO HEREBY CERTIFY THAT THE WAGES TO BE PAID TO ALL EMPLOYEES FOR THE FULL NUMBER OF HOURS WORKED IN CONNECTION WITH THE CONTRACT FOR BRIDLE HILLS WATER SYSTEM IMPROVEMENTS ARE IN ACCORDANCE WITH THE PREVAILING RATES OR WAGES PRESCRIBED BY THE CONRACT DOCUMENTS. I FURTHER CERTIFY THAT NO REBATES OR DEDUCTIONS FROM ANY WAGES DUE ANY PERSON HAVE BEEN DIRECTLY OR INDIRECTLY MADE OTHER THAN THOSE PROVIDED BY LAW. (Signature of Office or Agent) Sworn to before me and subscribed in my presence the day of 2015. NOTARY PUBLIC, STATE OF OREGON My Commission Expires: (Seal) (Notary Public) END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Affidavit of Contractor or Subcontractor Prevailing Wages-Section No. 004548-1 SECTION 00 52 73 AGREEMENT THIS AGREEMENT is by and between Tualatin Valley Water District(Owner) and (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. WORK 1.1. Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction on SW Greenburg Road, SW Washington Square Road, and Lincoln Street of approximately 5,360 lineal feet of 4 through 12-inch diameter polyvinyl chloride and ductile iron water main with joint restraints, fire hydrants, ductile iron fire hydrant leads with polyethylene encasement, connections and abandonment of existing water main, cathodic protection, pipeline appurtenances, water meters, backflow prevention assemblies, water service connections, testing, associated surface restoration, clean-up, traffic control, erosion control, and incidental related work. 2. THE PROJECT 2.1. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Lincoln Center Water Main Replacement Project, and associated Work. 3. ENGINEER 3.1. The duties, responsibilities, and limitations of authority specified in the Contract Documents for Engineer, will be those of Owner. The Owner will furnish Project representation during the Construction period. The Project has been designed by Wallis Engineering, who will provide technical support to the Owner. 4. CONTRACT TIMES 4.1. Time of the Essence: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2. Days to Achieve Substantial Completion and Final Payment: 4.2.1. The Work shall be substantially completed within 60 days from the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 80 days after the date when the Contract Times commence to run. 4.3. Liquidated Damages: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Agreement—Section 00 52 73-1 4.3.1. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph Contract Times above, plus any extensions thereof allowed in accordance with Article 12 of the Standard General Conditions, Section 007200. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding 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 Five Hundred Dollars ($500.00) for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete. 4.3.2. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner Two Hundred Dollars ($200.00) for each day that expires after the time specified herein for completion and readiness for final payment until the Work is completed and ready for final payment. 5. CONTRACT PRICE 5.1. Owner will pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the following: 5.1.1. For all Work, a lump sum of: Dollars (Words) and Cents $ (Words) (Figures) All specific cash and contingency allowances are included in the above lump sum price and have been computed in accordance with Paragraph 11.02 of the Standard General Conditions. 6. PAYMENT PROCEDURES 6.1. Submittal and Processing of Payments: Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions and Article 14 of the Supplementary Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.2. Progress Payments and Retainage: Owner will make progress payments on account of the Contract Price on the basis of Contractor's Application for Payment on the date of each month as established in the preconstruction conference during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.07.A of the General Conditions or, in the event there is no Schedule of Values, as provided in the General Requirements. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Agreement—Section 00 52 73-2 6.2.1. Prior to Substantial Completion, as defined in the Supplementary Conditions, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: 6.2.1.1. Ninety-five percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and 6.2.1.2. Ninety-five percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 6.2.2. In lieu of retainage, and at the Contractor's option, provisions may be made as provided in ORS 279C.560 for either depositing with Owner or in a bank or trust company, bonds or securities for all or any portion of the retainage in a form acceptable to Owner. Interest on such bonds or securities shall accrue to Contractor. Costs incurred by Owner as a result of this option will be deducted from Contractor's final payment. 6.2.3. Upon Substantial Completion, as defined in the Supplementary Conditions, Owner will pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer will determine in accordance with Paragraph 14.02.6.5 of the General Conditions and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3. Final Payment: Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. 7. INTEREST 7.1. All monies not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 1 percent per month. Interest on unpaid amounts per Paragraph 14.02 of the General Conditions, except retainage, will be placed in a separate investment pool at a matching rate with other District Funds. 8. CONTRACTOR'S REPRESENTATIONS 8.1. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 8.1.1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Agreement—Section 00 52 73-3 8.1.2. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 8.1.3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 8.1.4. Contractor 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 Conditions as provided in Paragraph 4.02 of the Standard General Conditions. 8.1.5. Contractor has obtained and carefully studied (or assumes responsibility for 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 Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 8.1.6. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 8.1.7. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8.1.8. Contractor has correlated the information known to Contractor, 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. 8.1.9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 8.1.10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. CONTRACT DOCUMENTS 9.1. Contents: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Agreement—Section 00 52 73-4 9.1.1. The Contract Documents that are attached to this Agreement(except as expressly noted otherwise) consist of the following: 9.1.1.1. This Agreement (pages 1 to 7, inclusive). 9.1.1.2. Bid Documents and Specifications, Volume 1 of 2, Divisions 9.1.1.3. Bid Documents and Specifications, Volume 2 of 2, Divisions and Appendices. 9.1.1.4. Performance bond _(pages). 9.1.1.5. Payment bond (_pages). 9.1.1.6. Standard General Conditions (pages 1 to 62, inclusive). 9.1.1.7. Supplementary Conditions (pages 1 to 22, inclusive). 9.1.1.8. Specifications as listed in the table of contents of the Project Manual. 9.1.1.9. Contract Drawings with each sheet bearing the following general title: Lincoln Center Water Main Replacement Project, Tualatin Valley Water District Project No. Cxxx 9.1.1.10. Addenda. 9.1.1.11. Exhibits to this Agreement(enumerated as follows): 9.1.11.a. Contractor's Bid. 9.1.11.b. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: i. Notice to Proceed. ii. Work Change Directives. iii. Change Order(s). 9.2. There are no Contract Documents other than those listed above in this Article. 9.3. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. 10. MISCELLANEOUS 10.1. Terms used in this Agreement will have the meanings stated in the Standard General Conditions and the Supplementary Conditions. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Agreement—Section 00 52 73-5 10.2. Successors and Assigns: Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.3. Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.4. Assignment of Contract: No assignment by a party hereto of any rights under or interests in the Contract shall be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpoint each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: Tualatin Valley Water District CONTRACTOR: By: By: Chief Executive Officer Title: Address for giving notices: Address for giving notices: 1850 S.W. 170th Avenue Beaverton, Oregon 97003 CCB License No. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Agreement—Section 00 52 73-6 SECTION 00 61 13.13 PERFORMANCE BOND FORM Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name and Address): (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 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) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Performance Bond Form—Section 006113.13-1 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 Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Performance Bond Form—Section 006113.13-2 1. Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, 4.2. Undertake to perform and complete the administrators, successors, and assigns to Contract itself,through its agents or through Owner for the performance of the Contract, independent contractors; or which is incorporated herein by reference. 4.3. Obtain bids or negotiated proposals 2. If Contractor performs the Contract, Surety from qualified contractors acceptable to and Contractor have no obligation under this Owner for a contract for performance and Bond, except to participate in conferences as completion of the Contract, arrange for a provided in Paragraph 3.1. contract to be prepared for execution by Owner and Contractor selected with 3. If there is no Owner Default, Surety's Owner's concurrence, to be secured with obligation under this Bond shall arise after: performance and payment bonds executed by a qualified surety equivalent to the bonds 3.1. Owner has notified Contractor and issued on the Contract, and pay to Owner Surety, at the addresses described in the amount of damages as described in Paragraph 10 below, that Owner is Paragraph 6 in excess of the Balance of the considering declaring a Contractor Default Contract Price incurred by Owner resulting and has requested and attempted to arrange from Contractor Default; or a conference with Contractor and Surety to be held not later than 15 days after receipt 4.4. Waive its right to perform and complete, of such notice to discuss methods of arrange for completion, or obtain a new performing the Contract. If Owner, contractor and with reasonable promptness Contractor and Surety agree, Contractor under the circumstances: shall be allowed a reasonable time to perform the Contract, but such an 1.After investigation, determine the agreement shall not waive Owner's right, if amount for which it may be liable to any, subsequently to declare a Contractor Owner and, as soon as practicable after Default; and the amount is determined, tender payment therefore to Owner; or 3.2. Owner has declared a Contractor Default and formally terminated Contractor's 2. Deny liability in whole or in part and right to complete the Contract. Such notify Owner citing reasons therefore. Contractor Default shall not be declared earlier than 20 days after Contractor and 5. If Surety does not proceed as provided in Surety have received notice as provided in Paragraph 4 with reasonable promptness, Paragraph 3.1; and Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional 3.3. Owner has agreed to pay the Balance written notice from Owner to Surety demanding of the Contract Price to: that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce 1. Surety in accordance with the terms any remedy available to Owner. If Surety of the Contract; proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety 2.Another contractor selected pursuant has denied liability, in whole or in part, without to Paragraph 4.3 to perform the further notice Owner shall be entitled to enforce Contract. any remedy available to Owner. 4.When Owner has satisfied the conditions of 6.After Owner has terminated Contractor's right Paragraph 3, Surety shall promptly and at to complete the Contract, and if Surety elects to Surety's expense take one of the following act under Paragraph 4.1, 4.2, or 4.3 above,then actions: the responsibilities of Surety to Owner shall not be greater than those of Contractor under the 4.1. Arrange for Contractor, with consent of Contract, and the responsibilities of Owner to Owner, to perform and complete the Surety shall not be greater than those of Owner Contract; or under the Contract. To a limit of the amount of Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Performance Bond Form—Section 006113.13-3 this Bond, but subject to commitment by Owner performed, any provision in this Bond conflicting of the Balance of the Contract Price to mitigation with said statutory requirement shall be deemed of costs and damages on the Contract, Surety is deleted herefrom and provisions conforming to obligated without duplication for: such statutory requirement shall be deemed incorporated herein. The intent is that this Bond 6.1. The responsibilities of Contractor for shall be construed as a statutory bond and not correction of defective Work and completion as a common law bond. of the Contract; 12. Definitions. 6.2. Additional legal, design professional, and delay costs resulting from Contractor's 12.1. Balance of the Contract Price: The Default, and resulting from the actions or total amount payable by Owner to failure to act of Surety under Paragraph 4; Contractor under the Contract after all and proper adjustments have been made, including allowance to Contractor of any 6.3. Liquidated damages, or if no liquidated amounts received or to be received by damages are specified in the Contract, Owner in settlement of insurance or other actual damages caused by delayed Claims for damages to which Contractor is performance or nonperformance of entitled, reduced by all valid and proper Contractor. payments made to or on behalf of Contractor under the Contract. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to 12.2. Contract: The agreement between the Contract, and the Balance of the Contract Owner and Contractor identified on the Price shall not be reduced or set off on account signature page, including all Contract of any such unrelated obligations. No right of Documents and changes thereto. action shall accrue on this Bond to any person or entity other than Owner or its heirs, 12.3. Contractor Default: Failure of executors, administrators, or successors. Contractor, which has neither been remedied nor waived, to perform or 8. Surety hereby waives notice of any change, otherwise to comply with the terms of the including changes of time,to Contract or to Contract. related subcontracts, purchase orders, and other obligations. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor 9.Any proceeding, legal or equitable, under this waived,to pay Contractor as required by the Bond may be instituted in any court of Contract or to perform and complete or competent jurisdiction in the location in which comply with the other terms thereof. the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Performance Bond Form—Section 006113.13-4 FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker Owner's Representative(engineer or other party) END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Performance Bond Form—Section 006113.13-5 SECTION 00 61 13.16 PAYMENT BOND FORM Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name and Address): (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 Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Payment Bond Form—Section 00 61 13.16-1 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 Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Payment Bond Form—Section 00 61 13.16-2 1. Contractor and Surety,jointly and severally, bind themselves, their heirs, 4.2.1. Have furnished written notice executors, administrators, successors, and to Contractor and sent a copy, or assigns to Owner to pay for labor, materials, notice thereof, to Owner, within 90 and equipment furnished by Claimants for days after having last performed use in the performance of the Contract, labor or last furnished materials or which is incorporated herein by reference. equipment included in the claim stating, with substantial accuracy, 2. With respect to Owner, this obligation the amount of the claim and the shall be null and void if Contractor: name of the party to whom the materials or equipment were 2.1. Promptly makes payment, directly furnished or supplied, or for whom or indirectly, for all sums due Claimants, the labor was done or performed; and and 2.2. Defends, indemnifies, and holds 4.2.2. Have either received a harmless Owner from all claims, rejection in whole or in part from demands, liens, or suits alleging non- Contractor, or not received within 30 payment by Contractor by any person or days of furnishing the above notice entity who furnished labor, materials, or any communication from Contractor equipment for use in the performance of by which Contractor had indicated the Contract, provided Owner has the claim will be paid directly or promptly notified Contractor and Surety indirectly; and (at the addresses described in Paragraph 12) of any claims, demands, 4.2.3. Not having been paid within liens, or suits and tendered defense of the above 30 days, have sent a such claims, demands, liens, or suits to written notice to Surety and sent a Contractor and Surety, and provided copy, or notice thereof, to Owner, there is no Owner Default. stating that a claim is being made under this Bond and enclosing a 3. With respect to Claimants, this obligation copy of the previous written notice shall be null and void if Contractor promptly furnished to Contractor. makes payment, directly or indirectly, for all sums due. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to 4. Surety shall have no obligation to Contractor or to Surety, that is sufficient Claimants under this Bond until: compliance. 4.1. Claimants who are employed by or 6. When a Claimant has satisfied the have a direct contract with Contractor conditions of Paragraph 4, the Surety shall have given notice to Surety (at the promptly and at Surety's expense take the addresses described in Paragraph 12) following actions: and sent a copy, or notice thereof, to Owner, stating that a claim is being 6.1. Send an answer to that Claimant, made under this Bond and, with with a copy to Owner, within 45 days substantial accuracy, the amount of the after receipt of the claim, stating the claim. amounts that are undisputed and the basis for challenging any amounts that 4.2. Claimants who do not have a direct are disputed. contract with Contractor: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Payment Bond Form—Section 00 61 13.16-3 6.2. Pay or arrange for payment of any minimum period of limitation available to undisputed amounts. sureties as a defense in the jurisdiction of the suit shall be applicable. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of 12. Notice to Surety, Owner, or Contractor this Bond shall be credited for any shall be mailed or delivered to the payments made in good faith by Surety. addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or 8. Amounts owed by Owner to Contractor Contractor, however accomplished, shall be under the Contract shall be used for the sufficient compliance as of the date performance of the Contract and to satisfy received at the address shown on the claims, if any, under any performance bond. signature page. By Contractor furnishing and Owner accepting this Bond, they agree that all 13. When this Bond has been furnished to funds earned by Contractor in the comply with a statutory requirement in the performance of the Contract are dedicated location where the Contract was to be to satisfy obligations of Contractor and performed, any provision in this Bond Surety under this Bond, subject to Owner's conflicting with said statutory requirement priority to use the funds for the completion shall be deemed deleted herefrom and of the Work. provisions conforming to such statutory requirement shall be deemed incorporated 9. Surety shall not be liable to Owner, herein. The intent is that this Bond shall be Claimants, or others for obligations of construed as a statutory Bond and not as a Contractor that are unrelated to the common law bond. Contract. Owner shall not be liable for payment of any costs or expenses of any 14. Upon request of any person or entity Claimant under this Bond, and shall have appearing to be a potential beneficiary of under this Bond no obligations to make this Bond, Contractor shall promptly furnish payments to, give notices on behalf of, or a copy of this Bond or shall permit a copy to otherwise have obligations to Claimants be made. under this Bond. 15. Definitions: 10. Surety hereby waives notice of any change, including changes of time, to the 15.1. Claimant: An individual or entity Contract or to related Subcontracts, having a direct contract with Contractor, purchase orders and other obligations. or with a first-tier subcontractor of Contractor, to furnish labor, materials, or 11. No suit or action shall be commenced equipment for use in the performance of by a Claimant under this Bond other than in the Contract. The intent of this Bond a court of competent jurisdiction in the shall be to include without limitation in location in which the Work or part of the the terms "labor, materials or Work is located or after the expiration of one equipment"that part of water, gas, year from the date (1) on which the power, light, heat, oil, gasoline, Claimant gave the notice required by telephone service, or rental equipment Paragraph 4.1 or Paragraph 4.2.3, or (2) on used in the Contract, architectural and which the last labor or service was engineering services required for performed by anyone or the last materials or performance of the Work of Contractor equipment were furnished by anyone under and Contractor's Subcontractors, and all the Construction Contract, whichever of(1) other items for which a mechanic's lien or (2)first occurs. If the provisions of this may be asserted in the jurisdiction paragraph are void or prohibited by law, the Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Payment Bond Form—Section 00 61 13.16-4 where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Payment Bond Form—Section 00 61 13.16-5 FOR INFORMATION ONLY— Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Payment Bond Form—Section 00 61 13.16-6 SECTION 00 62 16 EXAMPLE OF CERTIFICATE OF INSURANCE This is to certify to: That the following described policy or policies have been issued to: (Name and address of insured) By the (Name and address of insurance company): Description of contract: POLICY EXPIRATION TYPE OF COVERAGE LIMITS OF LIABILITY NUMBER DATE 1. Worker's Compensation Statutory 2. Employer's Liability $ 3. Comprehensive General Bodily Injury Property Damage* Liability (each claim/aggregate) A. Premises & Operations $ $ $ $ B. Blanket Contractual $ $ $ $ C. Independent $ $ Subcontractors $ $ D. Products Liability and $ $ Completed Operations $ $ 4. Comprehensive Automobile $ $ Liability (owned, Hired & $ $ Non-owned) 5. Builder's All Risk Expires 12:01 AM Standard time at the address of named insured stated herein. *Indicates the following property damage liability features Yes No 1. "Broadform" including occurrence and care, custody, and control 2. Explosion, collapse, and underground damage exclusions The insurer agrees that it will notify in writing, Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Example of Certificate of Insurance—Section 006216-1 Of any material change, expiration or cancellation of the above described policies not less than 30 days before such change, expiration, or cancellation becomes effective. It is further agreed the above named Owner, his officers, agents (including the Engineer) and employees are included as additional named insureds but only as respects the performance of the above described contract. (Name of Insurance Company) Authorized Representative Date Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Example of Certificate of Insurance—Section 006216-2 SECTION 00 65 19.16 AFFIDAVIT OF RELEASE OF LIENS FORM LINCOLN CENTER WATER MAIN REPLACEMENT PROJECT Dear Tualatin Valley Water District: The undersigned does hereby release all claims for payments arising out of or relating to its work upon the above-described Project, including, but not limited to, all mechanics and material lien rights, bond claim rights and equitable liens resulting from or relating to labor or materials, subcontract work, equipment or other work, rents, design, improvements, alterations to or repair on the above-described Project. This release is given for and in consideration of payment of the sum of $ and other good and valuable consideration, which, upon receipt, the undersigned acknowledges to be final and full payment for all work performed by the undersigned, its subcontractors, suppliers, laborers or material on the above-described Project. In consideration of the foregoing, the undersigned agrees to defend and hold harmless Contractor and Owner from any claims made by the undersigned and/or its suppliers, subcontractors, employees, servants, agents or other assigns of such person against Owner or the Project. The undersigned further agrees to indemnify and reimburse all persons so relying upon this release and acknowledgement for any and all sums, including attorney fees and costs, which may be incurred as a result of such claims. The undersigned further warrants and represents that all claims against the undersigned or the undersigned's subcontractors and material suppliers have been paid in full, that it has paid its subcontractors and material suppliers in full, and that it has obtained lien or bond claim releases and acknowledgements of payment in full from all subcontractors, suppliers, and others performing labor upon or supplying material to the above-described Project. This instrument shall constitute a full, final and complete release of all claims, rights and demands of the undersigned arising out of or relating to the above-described Project, including, but not limited to, retention. It is acknowledged that the designation of the above project constitutes an adequate description of the property and improvements for which the undersigned has received consideration for this release. Company: By: Date: Title: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Affidavit of Release of Liens Form—Section 00 65 19.16-1 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification.This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. SECTION 00 72 00 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by m ACEC .\.IFRIL N Cot:.Il nr FNGrvE6RING G�au.xns AME4V�! 00.100� ASCEAmerican Society ONational Society of of Civil Engineers Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). Copyright©2007 National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400,Arlington,VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 5 Article 2—Preliminary Matters 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 6 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 7 Article 3—Contract Documents: Intent,Amending,Reuse 8 3.01 Intent 8 3.02 Reference Standards 8 3.03 Reporting and Resolving Discrepancies 8 3.04 Amending and Supplementing Contract Documents 9 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 10 4.01 Availability of Lands 10 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 11 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 16 5.03 Certificates of Insurance 16 5.04 Contractor's Insurance 17 5.05 Owner's Liability Insurance 18 5.06 Property Insurance 18 5.07 Waiver of Rights 20 5.08 Receipt and Application of Insurance Proceeds 21 5.09 Acceptance of Bonds and Insurance;Option to Replace 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.10 Partial Utilization,Acknowledgment of Property Insurer 21 Article 6-Contractor's Responsibilities 22 6.01 Supervision and Superintendence 22 6.02 Labor; Working Hours 22 6.03 Services,Materials, and Equipment 22 6.04 Progress Schedule 23 6.05 Substitutes and"Or-Equals" 23 6.06 Concerning Subcontractors, Suppliers, and Others 25 6.07 Patent Fees and Royalties 26 6.08 Permits 27 6.09 Laws and Regulations 27 6.10 Taxes 28 6.11 Use of Site and Other Areas 28 6.12 Record Documents 29 6.13 Safety and Protection 29 6.14 Safety Representative 30 6.15 Hazard Communication Programs 30 6.16 Emergencies 30 6.17 Shop Drawings and Samples 30 6.18 Continuing the Work 32 6.19 Contractor's General Warranty and Guarantee 32 6.20 Indemnification 33 6.21 Delegation of Professional Design Services 34 Article 7-Other Work at the Site 34 7.01 Related Work at Site 34 7.02 Coordination 35 7.03 Legal Relationships 35 Article 8-Owner's Responsibilities 36 8.01 Communications to Contractor 36 8.02 Replacement of Engineer 36 8.03 Furnish Data 36 8.04 Pay When Due 36 8.05 Lands and Easements; Reports and Tests 36 8.06 Insurance 36 8.07 Change Orders 36 8.08 Inspections, Tests, and Approvals 36 8.09 Limitations on Owner's Responsibilities 36 8.10 Undisclosed Hazardous Environmental Condition 37 8.11 Evidence of Financial Arrangements 37 8.12 Compliance with Safety Program 37 Article 9-Engineer's Status During Construction 37 9.01 Owner's Representative 37 9.02 Visits to Site 37 9.03 Project Representative 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.04 Authorized Variations in Work 38 9.05 Rejecting Defective Work 38 9.06 Shop Drawings, Change Orders and Payments 38 9.07 Determinations for Unit Price Work 38 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 39 9.09 Limitations on Engineer's Authority and Responsibilities 39 9.10 Compliance with Safety Program 40 Article 10-Changes in the Work; Claims 40 10.01 Authorized Changes in the Work 40 10.02 Unauthorized Changes in the Work 40 10.03 Execution of Change Orders 40 10.04 Notification to Surety 41 10.05 Claims 41 Article 11 -Cost of the Work;Allowances; Unit Price Work 42 11.01 Cost of the Work 42 11.02 Allowances 44 11.03 Unit Price Work 45 Article 12-Change of Contract Price; Change of Contract Times 45 12.01 Change of Contract Price 45 12.02 Change of Contract Times 47 12.03 Delays 47 Article 13-Tests and Inspections; Correction, Removal or Acceptance of Defective Work 48 13.01 Notice of Defects 48 13.02 Access to Work 48 13.03 Tests and Inspections 48 13.04 Uncovering Work 49 13.05 Owner May Stop the Work 49 13.06 Correction or Removal of Defective Work 49 13.07 Correction Period 50 13.08 Acceptance of Defective Work 51 13.09 Owner May Correct Defective Work 51 Article 14-Payments to Contractor and Completion 52 14.01 Schedule of Values 52 14.02 Progress Payments 52 14.03 Contractor's Warranty of Title 54 14.04 Substantial Completion 55 14.05 Partial Utilization 55 14.06 Final Inspection 56 14.07 Final Payment 56 14.08 Final Completion Delayed 57 14.09 Waiver of Claims 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii Article 15—Suspension of Work and Termination 58 15.01 Owner May Suspend Work 58 15.02 Owner May Terminate for Cause 58 15.03 Owner May Terminate For Convenience 59 15.04 Contractor May Stop Work or Terminate 60 Article 16—Dispute Resolution 60 16.01 Methods and Procedures 60 Article 17—Miscellaneous 61 17.01 Giving Notice 61 17.02 Computation of Times 61 17.03 Cumulative Remedies 61 17.04 Survival of Obligations 61 17.05 Controlling Law 61 17.06 Headings 61 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1 —DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 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. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 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. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 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 performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 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 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 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. 2.03 Commencement of Contract Times;Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference;Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary;what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents.No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b)any standard, specification,manual, or code, or(c) any instruction of any Supplier,then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 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. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners,employees,agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid)until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor)of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however,to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner,during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is,identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners,employees, agents,consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members,partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 ARTICLE 5—BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor,or 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, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make in interest may with the insurers in accordance with such agreement as theparties g Y 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item,and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales,maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 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 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 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. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 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. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 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. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 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 responsibility precautions and programs in connection with the Work. Such does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, 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; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection,test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members,partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property(other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals,provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 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. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 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. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 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 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, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 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. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 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 responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal(unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding. upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will then determine,with the advice of Engineer, which bids, if any, will 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 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. 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the.costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 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. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon,then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3,the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 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 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 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. , 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 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, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for,or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 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. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 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, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 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 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 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 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 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; 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 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. 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 1. 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 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 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 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 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 the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or(ii)Engineer fails to act on any Application for Payment within 30 days after it is submitted, or(iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS GENERAL These Supplementary Conditions ("SC") amend or supplement the Standard General Conditions of the Construction Contract ("SGC") and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. ARTICLE 1 – DEFINITIONS AND TERMINOLOGY The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. SC-1.01 Add the following at the end of SGC 1.01 item 19: For this project, the ENGINEER is Wallis Engineering. Add the following at the end of SGC 1.01 item 29: For this project, the OWNER is the Tualatin Valley Water District("District" or"TVWD"). SC-1.02. Add the following language at the end of SGC Paragraph 1.01.A.44: Substantial Completion is further defined as (i) that degree of completion of the Project's operating facilities or systems sufficient to provide Owner the full time, uninterrupted, and continuous beneficial operation of the Work; and (ii) all required functional, performance and acceptance or startup testing has been successfully demonstrated for all components, devices, equipment, and instrumentation and control to the satisfaction of Engineer in accordance with the requirements of the Specifications. SC-1.03. Add the following new paragraphs immediately after SGC Paragraph 1.01.A.51: 52. Payment Bond- The form of security approved by the OWNER and furnished by the CONTRACTOR and CONTRACTOR's Surety guaranteeing payment for all labor, materials, services, and equipment furnished for use by the CONTRACTOR in performance of the Contract. 53. Performance Bond-The form of security approved by the OWNER and furnished by the CONTRACTOR and CONTRACTOR's Surety guaranteeing the complete and faithful performance of all the obligations and conditions placed upon the CONTRACTOR by the Contract. 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. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-1 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 damages to the work resulting there from. 56. Specialist—The term Specialist refers to a person, partnership, firm, or corporation of established reputation (or if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workers skilled in either(as applicable) manufacturing or fabricating items required by the Contract Documents, or otherwise performing Work required by the Contract Documents. Where the Specifications require the installation by a Specialist, that term shall also be deemed to mean either the manufacturer of the item, a person, partnership, firm, or corporation licensed by the manufacturer, or a person, partnership, firm, or corporation who will perform the Work under the manufacturer's direct supervision. ARTICLE 2– PRELIMINARY MATTERS SC-2.01. Delete first sentence in SGC Paragraph 2.02.A in its entirety and insert the following in its place: " In addition to the executed contract original, Owner will furnish to Contractor four(4) printed hard copies of the Contract Documents and printed two (2) hard copies of full-size Drawings and one (1) compact disc of Contract Documents in PDF (Portable Document Format)format." SC -2.02. Delete SGC paragraph 2.03 A of the SGCs in its entirety and insert the following in its place: 2.03 Commencement of Contract Times, Notice to Proceed. Within thirty (30) days following opening of Bids, the apparent Low Bidder will be furnished with a Notification of Intent to Award. Once Notification of Intent to Award is given, Owner will within thirty (30) days furnish to the Contractor two original copies of the Agreements for signature and execution. Contractor then has ten (10) days to sign the Contract and furnish the signed contract, payment and performance bonds, and a certificate of insurance. Within fourteen (14) days after execution of the Agreement, Owner will present Contractor with a Notice to Proceed, ("NTP"). The NTP sets the start date, substantial completion date and final completion date. ARTICLE 3–CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE SC-3.01. Add the following new paragraph immediatelyafter SGC Paragraph 3.01.C: 9 SGC 3.01.D. Sections of Division 1, General Requirements, govern the execution of the Work of all sections of the Specifications. SC-3.02: Add the following new paragraph immediately after 3.01.D SGC3.01 E Contract Documents shall consist of the following, and in case of conflicting provisions, the first mentioned shall have precedence: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-2 a. Change Orders or Supplemental Drawings and Instructions after the Agreement is signed. b. Addenda c. Agreement d. Plans e. Instructions to Bidders f. Contractor's Completed Bid Form g. Technical Specifications h. Supplementary Conditions i. Standard General Conditions j. Agency Standard Details k. Agency Standard Specifications Performance and Payment Bonds ARTICLE 4–AVAILABILITIY OF LANDS; SUB SURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS. SC-4.01. Add the following new paragraph(s) immediately after SGC Paragraph 4.02.B: 4.02.C. In preparation of Drawings and Specifications, Engineer or Related Entities relied upon the following reports of explorations and tests of subsurface conditions at the Site: None 4.02.D. In preparation of Drawings and Specifications, Engineer or Related Entities 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: • None 4.02.E. Copies of reports and drawings itemized in 4.02.0 and 4.02.D are available with the Bidding Documents upon request. Contractor is not entitled to rely upon other information and data utilized by Engineer and Related Entities in the preparation of Drawings and Specifications. SC-4.02 Delete the language in the parentheses in SGC paragraph 4.03B: ("with a copy to Contractor"). SC-4.03. Delete the first sentence of SGC 4.05A and insert the following in its place: 4.05A. The CONTRACTOR shall be responsible for all construction stakes and marks to establish lines, slopes, and grades as shown on the Contract Drawings. The CONTRACTOR shall ensure that required field measurements and locations match and fulfill the intended plan dimensions. At a minimum, CONTRACTOR shall provide one set of offset stakes at angle points, tees, and fire hydrants. All surveying shall be completed by a professional surveyor licensed in the State of Oregon. SC-4.04. Delete SGC Paragraphs 4.06.A and 4.06.B in their entirety and insert the following in their place: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-3 4.06.A. No reports or drawings related to Hazardous Environmental Conditions are known to Owner or Engineer. SC-4.05 Delete SGC paragraph 4.06G in its entirety and insert the following in its place: 4.06G To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, Engineer's, Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) 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 there from, (ii) nothing in this subparagraph shall obligate Owner to indemnify any person or entity from and against the consequences of that person's or entity's conduct or activities, and (iii) nothing in this subparagraph 4.06.G shall obligate Owner to indemnify any person or entity in an amount in excess of the Tort Action Liability limitations for municipal corporations set forth in ORS Chapter 30. SC-4.06. Add the following new paragraphs immediately after SGC Paragraph 4.06.1. 4.06J.1 Waste generated by demolition operations must be categorized, managed and disposed of in accordance with applicable federal, state, and local solid waste and hazardous waste regulations. Upon request, the Contractor shall provide a copy of the waste determination analytical results and the Certificate of Acceptance, if applicable from the disposal site. ARTICLE 5– BONDS AND INSURANCE SC-5.01. Add the following language after Paragraph 5.04.6.1: Include the following parties or entities as additional insured: 5.04.6.1.a. Tualatin Valley District, 1850 S.W. 170th, Beaverton, Oregon 97075. 5.04.B.1.b.Wallis Engineering 5.04.B.1.c Lincoln Center LLC, Shorenstein Realty Services, L.P., Shorenstein Properties LLC, Shorenstein Company LLC, Shorenstein Management Inc., and their respective members, partners, officers, directors and shareholders, and any other party specified by Lincoln Center at any time and from time to time as additional insureds SC-5.02. Add the following new paragraph immediately following SGC Paragraph 5.04.B: 5.04.C. The limits of liability for the insurance required by SGC Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 5.04.C.1. Worker's Compensation and related coverage under SGC Paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-4 5.04.C.1.a. State: Statutory. 5.04.C.1.b. Applicable Federal (e.g., Longshoreman's): Statutory. 5.04.C.1.c. Employer's Liability: $1,000,000. SC-5.03. Add the following new paragraphs immediately after SGC Paragraph 5.04.C: 5.04.D. Workers Compensation: 5.04.D.1.Aa. In accordance with ORS 279C.530, Contractor shall promptly, as due, make payment to any entity furnishing care incident to sickness or injury, to employees of Contractor, of all sums which Contractor agrees to pay for such care and all moneys which Contractor deducted from the wages of employees pursuant to any law, contract, or agreement for the purpose of providing or paying for such service. 5.04.D.2. Contractor and Subcontractors that employ workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its Subcontractors complies with these requirements. 5.04.D.3. Contractor's General Liability under Paragraphs 5.04.A.3 through 5.04.A.6 of the General Conditions shall include completed operations and product liability coverage and eliminate the exclusion with respect to property under the care, custody and control of Contractor: Note: Insurance limits must be at least$5,000,000. Commercial General Liability insurance must be no less than $5,000,000 per occurrence 5.04.D.3.a. General Aggregate $5,000,000 5.04.D.3.b. Products- Completed Operations Aggregate $5,000,000 5.04.D.3.c. Personal and Advertising Injury (per person/Organization) $1,000,000 5.04.D.3.d. Each Occurrence (Bodily Injury and Property Damage) $1,000,000 5.04.D.3.e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverage where applicable. 5.04.D.3.f. Excess or Umbrella Liability 1) General Aggregate $2,000,000 2) Each Occurrence $2,000,000 Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-5 5.04.E.1. Automobile Liability under SGC Paragraph 5.04.A.6: 5.04.E.1.a. Bodily Injury: Each Person Limit $1,000,000 Each Accident $1,000,000 5.04.E.1.b. Property Damage: Each Accident $1,000,000 5.04.E.1.c. Combined Single Limit of $1,000,000 5.04.F.1. Contractual Liability coverage required by SGC Paragraph 5.04.B.4 shall provide coverage for not less than the following amounts: 5.04.F.1.a. Bodily Injury: Each Accident $2,000,000 Annual Aggregate $2,000,000 5.04.F.1.b. Property Damage: Each Accident $2,000,000 Annual Aggregate $2,000,000 SC-5.04. Delete SGC Paragraph 5.06.A in its entirety and insert the following in its place: 5.06.A. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. Contractor shall be responsible for any deductible or self-insured retention. 5.06.A.1 This insurance shall: 5.06.A.1.a. include the interests of Owner, Contractor, Subcontractors, Engineer and any other individuals or entities identified herein, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.06.A.1.b. be written on a Builder's Risk"all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work, 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; Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-6 5.06.A.1.b.(1) In addition to the above listed perils, the property insurance shall include flood, landslide or mudslide, seismic event, and damage to electrical apparatus from electrical currents. 5.06.A.1.c. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 5.06.A.1.d. 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, or materials and equipment in transit, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5.06.A.1.e. allow for partial utilization of the Work by Owner; 5.06.A.1.f. include testing and startup; and 5.06.A.1.g. 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 additional insured to whom a certificate of insurance has been issued. 5.06.A.2. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC-5.06.A shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. SC-5.05. Delete SGC Paragraph 5.06.B in its entirety and insert the following in its place: 5.06.B. Boiler and machinery insurance is not required for this Project. SC-5.06. Delete SGC Paragraph 5.06.0 in its entirety and insert the following in its place: 5.06.C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Contractor in accordance with Paragraphs 5.06.A and 5.06.B shall contain a provision or endorsement that the coverage afforded shall not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Owner and to each other additional insured to whom a certificate of insurance has been issued and shall contain waiver provisions in accordance with Paragraph 5.07. SC-5.07. Add the following language to end of SGC Paragraph 5.06.D: Property insurance furnished under this Contract shall have deductibles no greater than $5,000 for all sublimits except for earthquake, which shall have a maximum deductible of 5 percent of full replacement cost. When coverage for flood, landslide, or mudslide ISe included, the maximum deductible applicable to such coverage shall be $5,000 except for flood which shall be 5 percent of full replacement cost. SC-5.08. Delete SGC Paragraph 5.06.E in its entirety and insert the following in its place: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-7 5.06.E. If Owner requests in writing that other special perils be included in the property insurance policies provided under Paragraphs 5.06.A or 5.06.B, Contractor shall, if possible, include such insurance, and the cost thereof will be charged to Owner by appropriate Change Order. Prior to commencement of the Work at the Site, Contractor shall in writing advise Owner whether or not such other insurance has been procured by Contractor. SC-5.09. Revise the second SGC paragraph of 5.07A as follows: To the extent such waiver provisions would not void or jeopardize insurance coverage, than 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. SC-5.10. Delete SGC Paragraph 5.08.A in its entirety and insert the following in its place: 5.08.A. 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 insured, 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. SC-5.11. Delete SGC Paragraph 5.08.B in its entirety and insert the following in its place: 5.08.B. 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. SC-5.12. Add the following language to the end of SGC Paragraph 5.10.A: The property insurance shall contain no partial occupancy restriction for utilization of the Project by Owner for the purpose intended. ARTICLE 6–CONTRACTOR'S RESPONSIBILITIES SC-6.01. Add the following language at the end of SGC Paragraph 6.02.B: In accordance with ORS 279C.520, no person shall be employed for more than 10 hours in any 1 day, or 40 hours in any 1 week, except in cases of necessity, emergency, or where the public policy absolutely requires it. In such cases, the person so employed shall be paid at least time and a half the person's regular rate of pay for all time worked in excess of 40 hours in one week; when work week is 8 hours for 5 consecutive days or 10 hours for 4 Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-8 consecutive days, and for time worked on Saturday and on any legal holiday specified in ORS 279C.540. This provision will not apply if the Contractor is currently a party to a collective bargaining agreement in effect with any labor organization. Contractor shall cause a circular to be posted in accordance with ORS 279C.545 and ORS 279C.840 regarding claim rights and limitations for overtime pay and benefits. SC-6.02. Add the following language to the end of SGC Paragraph 6.02.B: 6.02.0 Contractor(and Subcontractor) regular working hours consist of 8 working hours within a 9-hour period between 7:00 a.m. and 6:00 p.m., on a regularly scheduled basis, excluding Sundays and holidays. Overtime work is work in excess of 40 hours per week. SC-6.03. Add the following language to the end of SGC Paragraph 6.02.C: SC6.02.D Contractor shall reimburse Owner for additional costs for onsite personnel overtime work resulting from Contractor's overtime operations. Reimbursement shall be at an estimated average rate of$55.00 per each extra personnel hour for labor plus expenses. Owner will determine to what extent onsite personnel overtime work is required during Contractor's overtime working hours. SC-6.04. Add the following language to the end of SGC Paragraph 6.02.D: SC-6.02E Contractor, by these specifications, does hereby authorize the Owner to deduct such costs from the amount due or to become to Contractor. SC 6.05. Add the following language to the end of SGC Paragraph 6.04.A: 6.04B. LIQUIDATED DAMAGES. The parties agree that time is of the essence and that Owner requires completion within the Contract Time to fully engage in its regular business affairs and, if not completed, the Owner will suffer damage. The parties recognize that calculation of such damages is difficult; but that the liquidated damages set forth below are a reasonable estimate thereof and not a penalty. Therefore, the parties agree that the Contractor, with the Contractor's surety, if any, shall be liable for and shall pay the Owner the sums hereafter stipulated as liquidated damages for each calendar day of delay after the date established for substantial completion in the Contract Documents until the work is substantially complete: FIVE-HUNDRED (Dollars) ($500.00). The Date of Substantial Completion is sixty (60) calendar days from the Date of Notice to Proceed and Final Completion shall be eighty (80) calendar days thereafter." SC-6.06. Add the following new paragraphs immediately after SGC Paragraph 6.06.B: 6.06.B.1. The identity and acceptance of Subcontractors and Suppliers for the following portions of the Work is required in accordance with the requirements of the Instructions to Bidders: SC-6.07. Add the following new paragraph immediately after Paragraph 6.06.G: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-9 6.06.H. Owner 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. SC-6.08. Delete Paragraph SGC 6.07.0 in its entirety and insert the following in its place: 6.07.C. Contractor shall, at its sole expense, defend and pay all damages, fees, royalties, and costs awarded in any proceeding brought against Owner, its employees and agents, in which it is claimed that the manufacture, sale, or use of any treatment process, material and equipment, or parts thereof furnished thereunder constitutes an infringement of any patent or other proprietary information right, provided Contractor is promptly notified of the commencement of any such proceedings. Contractor's indemnity, as to use, applies only when infringement occurs from the normal use for which such treatment process, material, and equipment were designed. Owner may, at its option, be represented at any such proceeding. 6.07.C.1. If such manufacture, sale, or use is held in any such proceeding to constitute an infringement and is enjoined, Contractor, at its expense, shall either procure for Owner the right to manufacture, sell, and use such treatment process, material and equipment; or pay the costs for damages, fees, or royalties. SC-6.09. Add the following new paragraphs immediately after SGC Paragraph 6.08.A: 6.08.B. Owner has secured permits for this work, but there will be additional permits to be acquired by the Contractor. The Owner will pay for all permits, either directly to the appropriate agency or by reimbursing Contractor, without markups, through a change order. No costs of permits shall be included in the Bid price. 6.08.C. Contractor shall conform to the requirements of all permits required to complete the Project. The Owner will be responsible to pay for the purchase of additional bonds or insurance as specified therein. Such requirements are hereby made a part of these Contract Documents as fully and completely as though the same were set forth herein. SC-6.10. Add the following new paragraph immediately after SGC Paragraph 6.09.C: 6.09.D. LAWS TO BE OBSERVED– NOTE In compliance with ORS 279C.525 the following is a list (possibly non-inclusive) of federal, state and local agencies of which the District has knowledge that have enacted ordinances or regulations relating to environmental pollution and the preservation of natural resources that may affect the performance of the Contract: FEDERAL AGENCIES Army Corps of Engineers Federal Energy Regulatory Commission Federal Highway Administration Geological Survey National Marine Fisheries Service Occupational Safety & Health Administration Department of Labor U.S. Fish and Wildlife Service Environmental Protection Agency Department of Transportation STATE AGENCIES Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-10 -......-... Oregon Health Authority Department of Administrative Services Division of State Lands Dept. of Consumer and Business Services Land Conservation and Development Comm. Dept. of Energy Department of Environmental Quality Oregon Occupational Safety & Health Division Department of Fish and Wildlife Soil and Water Conservation Commission Water Resources Department Water Resources Council Oregon Department of Transportation Oregon Bureau of Labor and Industries Department of Geology and Mineral Industries . LOCAL AGENCIES Board of Design Review Tri-Met City Councils City of Portland Fire Department Historical Resources Review Commission City of Portland Bureau of Water Planning Commissions City of Portland Bureau of Environ. Services City of Beaverton Washington County Land Use and Transp. Clean Water Services SC-6.11. Add the following new paragraphs immediately after SGC Paragraph 6.09.C: 6.09.D1.. Prevailing Wage Rates: 6.09.D.1.a. Contractor shall fully comply with ORS 279C.800 through 279C.870, concerning payment of not less than prevailing wage rates; each worker in each trade or occupation employed in the performance of the Work under these Contract Documents, either by Contractor, Subcontractor, or other person doing or contracting to do the whole or any part of the Work, shall be paid not less than the applicable prevailing wage rates. 6.09.D.1.b. Contractor and its subcontractors shall submit complete certified statements of payrolls and submit them as required under ORS 279C.845. If the Contractor or subcontractors fail to submit the required statements, the Owner will deduct 25% of what is owed until the required statements are submitted. Contractor shall pay the Commissioner of the Bureau of Labor and Industries the fee required by ORS 279C.825. 6.09.D.2. Discrimination: In accordance with ORS 279A.110, Contractor will not discriminated against minority, women, or emerging small business in obtaining required subcontracts. 6.09.D.3. In accordance with ORS 279C.505, Contractor shall (a) make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract; (b) pay all contributions or amounts due the Industrial Accident Fund from the Contractor or subcontractor incurred in the performance of the contract; (c) not permit any lien or claim to be filed or prosecuted against the Owner on account of any labor or material furnished; (d) pay to the Department of Revenue all sums withheld from employees under ORS 316.167; and (e) Contractor shall demonstrate that an employee drug testing program is in place." 6.09.D.3A Contractor's Written Drug Testing Program: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-11 .a. Requires drug testing for all new subject employees or alternatively, requires testing of all subject employees every 12 months on a random selection basis, and b. Required testing of a subject employee when the contractor has reasonable cause to believe the subject employee is under the influence of drugs. 1. A drug-testing program that meets the above requirements is deemed a "qualifying employee drug-testing program." An employee is a "subject employee" only if that employee will be working on the public improvement project job site. 2. Contractor represents and warrants that the qualifying employee drug-testing program is in place at the time of contract execution and will continue in full force and effect for the duration of the contract. Further, the OWNER's performance obligation (which includes without limitation, the OWNER's obligation to make payment) is contingent upon Contractor's compliance with this representation and warranty. c. Contractor requires each subcontractor providing labor for the project to: 1. Demonstrate to Contractor that it has a qualifying employee drug-testing program for the subcontractor's subject employees, and represents and warrants to the Contractor that the qualifying employee drug-testing program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or 2. Contractor shall require that the subcontractor's subject employees participate in the Contractor's Qualifying Employee Drug Testing Program for the duration of the subcontract. 6.09.D.4. ORS 654.150 applies at the Construction Site. All costs incurred in complying with state statutes requiring sanitation facilities shall be borne by Contractor. 6.09.D.5. Environmental Pollution: 6.09.D.5.a. In accordance with ORS 279C.525, as amended, specific reference is made to those federal, state and local agencies that have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the Work, including: 6.09.D.5.a.(1). City of Beaverton requirements. 6.09.D.5.a.(2). Washington County requirements. 6.09.D.6. In accordance with ORS 279C.510, Contractor shall salvage or recycle construction and demolition debris if feasible and cost effective. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-12 6.09.D.7. Pursuant to ORS 279C.515, if Contractor fails, neglects or refuses to make prompt payment on any claim for labor or services furnished to Contractor or a subcontractor by any person in connection with the Work as such claim becomes due, Owner may pay the claim and charge the amount of the payment against funds due or to become due to the Contractor under this contract. Payment of claims in this manner shall not relieve Contractor or Contractor's Surety from obligation with respect to any unpaid claims. A notice of claim on the Payment Bond may also be filed under ORS 279C.605.. SC-6.12. Add the following language to the end of SGC Paragraph 6.11.A.1: Contractor shall not enter upon nor use property not under Owner control until appropriate easements have been executed and a copy is on file at the Site. SC-6.13 Delete SGC 6.14 in its entirety and insert the following in its place: 6.14 CONTRACTOR shall designate a competent, qualified and experienced safety representative at the site whose duties and responsibilities shall include enforcement of State of Oregon-OSHA regulations regarding excavations, the prevention of accidents, and the maintenance and supervision of construction site safety precautions and programs. SC-6.14. Add the following new paragraphs immediately after SGC Paragraph 6.17.E.1: 6.17.E.2. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than the number of submittals specified in SGC Paragraph 6.17.C.1. Engineer will record time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time in accordance with SGC Paragraph 6.17.C.1. 6.17.E.3. 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 the control of Contractor. SC6.15 Delete SGC sub paragraph 6.19.A and replace with the following: 6.19 A. Contractor warrants and guarantees to the Owner, Engineer, and Engineer's Consultants that all Work is guaranteed for a specified period from the date of final acceptance by the Owner. If no warranty period is specified elsewhere in these Contract Documents, the Work shall be guaranteed for one year from the date of final acceptance by the Owner. If, within the warranty period, repairs or changes are required in connection with the Work, the Contractor shall promptly, without expense to the Owner: 1. Place in satisfactory condition all guaranteed Work; Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-13 2. Correct all damage to the building, site, equipment or contents which is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the contract; and, 3. Correct any work, material, equipment, or contents of building, structure or site disturbed in fulfilling the guarantee. 4. Repairs, replacements or changes made under the warranty requirements shall be warranted for the specified warranty period, or for one year, beginning on the date of the acceptance of the repairs, replacements or changes. 5. If the Contractor fails within ten days to proceed to comply with the terms of this warranty, the Owner may have the defects corrected. The Contractor and the Contractor's surety shall be liable for all expense incurred. In case of an emergency where delay would cause serious loss or damage, repairs may be made without notice to the Contractor and the Contractor or the Contractor's surety shall pay the cost." ARTICLE 8—OWNER'S RESPONSIBILITIES SC- 8.01 Delete SGC paragraph 8.02 in its entirety and insert the following in its place' 8.02 Replacement of Engineer. In case of termination of the employment of Engineer, Owner shall appoint an engineer whose status under the Contract Documents shall be that of the former Engineer. SC-8.02. Delete SGC paragraph 8.11 of the Standard General Conditions in its entirety. SC-8.03. Add the following new paragraph(s) immediately following SGC Paragraph 8.11: 8.12. Owner As Resident Project Representative 8.12.A. Owner will furnish Project representation during the construction period. The duties, responsibilities, and limitations of authority specified for Engineer in Article 9, Engineer's Status During Construction, and elsewhere in the Contract Documents, will be those of Owner. ARTICLE 9— ENGINEER'S STATUS DURING CONSTRUCTION SC-9.01. Add the following new paragraphs immediately after SGC Paragraph 9.03.A: 9.03.B. Resident Project Representative (RPR) will be furnished by Owner. The responsibilities, authority, and limitations of the RPR are limited to those of Engineer in accordance with Paragraph 9.09 and as set forth elsewhere in the Contract Documents and are further limited and described below. SC-9.02. Add the following new paragraphs immediately after SGC Paragraph 9.03.B: 9.03.C. Responsibilities and Authority: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-14 9.03.C.1. Schedules: Review and monitor Progress Schedule, Schedule of Submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 9.03.C.2. Conferences and Meetings: Conduct or attend meetings with Contractor, such as preconstruction conferences, progress meetings, Work conferences and other Project related meetings. 9.03.C.3. Liaison: (i) Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents; (ii) assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's onsite operations; (iii) assist in obtaining from Owner additional details or information when required for proper execution of the Work. 9.03.C.4. Submittals: Receive Submittals that are furnished at the Site by Contractor, and notify Engineer of availability for examination. Advise Engineer and Contractor of the commencement of any Work or arrival of Products at Site, when recognized, requiring a Shop Drawing or Sample if the Submittal has not been approved by Engineer. 9.03.C.5. Review of Work, Rejection of defective Work, Inspections and Tests: (i) Conduct onsite observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents; (ii) inform Engineer and Contractor whenever RPR believes that any Work is defective; (iii) advise Engineer whenever RPR 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 RPR believes Work should be uncovered for observation, or requires special testing, inspection, or approval; (iv) 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; (v) observe, record and report to Engineer appropriate details relative to the test procedures and startups; and (vi) accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. 9.03.C.6. Interpretation of Contract Documents: Inform Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 9.03.C.7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and provide recommendations to Engineer; transmit to Contractor the decisions issued by Engineer. 9.03.C.8. Records: (i) Maintain at the Site files for correspondence, conference records, Submittals including Shop Drawings and Samples, reproductions of original Contract Documents including all Addenda, signed Agreement, Work Change Directives, Change Orders, Field Orders, additional Drawings issued after the Effective Date of the Agreement, Engineer's written clarifications and interpretations, Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-15 progress reports, and other Project related documents; (ii) keep a diary or log book recording pertinent Site conditions, activities, decisions and events. 9.03.C.9. Reports: (i) Furnish Engineer periodic reports of progress of the Work and of Contractor's compliance with the Progress Schedule and Schedule of Submittals; (ii) consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work; and (iii) assist in drafting proposed Change Orders, Work Change Directives, and Field Orders, obtain backup material from Contractor as appropriate. 9.03.C.10. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed and materials and equipment delivered at the Site but not incorporated in the Work. 9.03.C.11. Certificates, Operation and Maintenance 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. 9.03.C.12. Substantial Completion: (i) Conduct an inspection in the company of Engineer, Owner, and Contractor and prepare a list of items to be completed or corrected; (ii) submit to Engineer a list of observed items requiring completion or correction. 9.03.C.13. Completion: (i) Conduct final inspection in the company of Engineer, Owner and Contractor; and (ii) notify Contractor and Engineer in writing of all particulars in which this inspection reveals that the Work is incomplete or defective; and (iii) observe that all items on final list have been completed, corrected, or accepted by Owner and make recommendations to Engineer concerning acceptance. 9.03.D. Limitations of Authority: Resident Project Representative will not: 9.03.D.1. have authority to authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Engineer; or 9.03.D.2. undertake any of the responsibilities of Contractor, Subcontractors, or Contractor's superintendent; or 9.03.D.3. accept Submittals from anyone other than Contractor; or 9.03.D.4. authorize Owner to occupy the Project in whole or in part; or 9.03.D.5. participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. SC-9.03 Delete SGC Paragraph 9.07 in its entirety and insert the following in its place: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-16 9.07 Determinations for Unit Price Work. 9.07A 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 recommendation of an Application for Payment to the Owner. Owner's written decision on such matters will be final and binding upon Contractor, unless, within ten days after the date of any such decision, Contractor delivers to Owner written notice of intent to appeal Owner's decision and: (i) an appeal of the Owner's decision is taken within the time limits and in accordance with the procedures set forth in a "Dispute Resolution Agreement" entered into between Owner and Contractor pursuant to Article 16, or(ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by Contractor in a forum of competent jurisdiction to exercise such rights or remedies as Contractor may have with respect to the Owner's decision, unless otherwise agreed in writing by Owner and Contractor." SC 9.04 Delete SGC Paragraph 9.09 in its entirety and insert the following in its place: 9.08 Engineer will be the original interpreter of the requirements of the Contract documents and of the acceptability of the work performed thereunder. Questions and other matters arising prior to the date final payment is due relating to acceptability of the work, and interpretation of the requirements of the Contract will be referred to the Engineer in writing within 30 days of the event giving rise to the question. The Engineer will make a recommendation to the Owner for Owner's final decision. SC-9.05. Add the following new paragraph immediately after Paragraph 9.09.E: 9.09.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. ARTICLE 10–CHANGES IN THE WORK; CLAIMS SC- 10.01. Delete SGC Paragraph 10.03.A.3 in its entirety. SC - 10.02. Delete paragraph 10.05 in its entirety and replace it with the following: "All claims for adjustment in the Contract Price or any dispute arising out of the Contract shall be submitted by the Contractor within 21 days of the Contractor becoming aware of the event or circumstance giving rise to the claim. The Contractor will submit supporting information to fully explain the basis of the claim. The Owner will evaluate the claim and Owner's written decision will be final and binding thereon unless within ten days after the date of any such decision, Contractor delivers to Owner a written notice of intent to contest owner's decision. The steps to resolve further disputes shall be in Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-17 accordance with SC 16.01. The steps are identified as first, executive negotiation followed by mediation which shall be a condition precedent to the institution of legal or equitable proceedings by either party. If the dispute is not resolved by mediation, then all claims or disputes shall be resolved under Oregon law in the Circuit Court of the State of Oregon for the County of Washington. " ARTICLE 11 – COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-11.01 Delete SGC paragraph 11.03.D. in its entirety and insert the following in its place: 11.03.D. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 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 2. If there is no corresponding adjustment with respect to any other item of Work; and 3. If Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed ARTICLE 13–TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.01. Add the following language at the end of SGC Paragraph 13.03.D: Tests required by Contract Documents to be performed by Contractor that require test certificates be submitted to Owner or Engineer for acceptance shall be made by an independent testing laboratory or agency licensed or certified in accordance with Laws and Regulations and applicable state and local statutes. In the event state license or certification is not required, testing laboratories or agencies shall meet the following applicable requirements: 13.03.D.1. "Recommended Requirements for Independent Laboratory Qualification," published by the American Council of Independent Laboratories. 13.03.D.2. Basic requirements of ASTM E329, "Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction" as applicable. 13.03.D.3. Calibrate testing equipment at reasonable intervals by devices of accuracy traceable to either the National Institute of Standards and Technology or accepted values of natural physical constants. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-18 SC-13.02. In the first sentence of SGC paragraph 13.07.A, replace the words "Substantial Completion"with "final acceptance by Owner". ARTICLE 14– PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.01. Delete SGC Paragraph 14.02.C.1 in its entirety and insert the following in its place: 14.02.C.1. Thirty 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. SC-14.02. Add the following new paragraph immediately after SGC Paragraph 14.02.D.3: 14.02.D.4. Liability for liquidated damages incurred by Contractor as set forth in the Agreement. SC-14.03. Add the following new paragraphs immediately after SGC Paragraph 14.02.D: 14.02.E. Subcontractor Payments: 14.02.E.1. In accordance with ORS 279C.505, Contractor shall: (i) make payment promptly, as due to all persons supplying to Contractor, labor or material for the prosecution of the Work under these Contract Documents, (ii) pay all contributions or amounts due the Industrial Accident Fund from Contractor or Subcontractor incurred in the performance of the Work, (iii) not permit any lien or Claim to be filed or prosecuted against Owner, on account of labor or material furnished, and (iv) pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 14.02.E.2. In accordance with ORS 279C.515: 14.02.E.2.a. If Contractor fails, neglects, or refuses to make prompt payment to Subcontractors or Suppliers of any Claim as such Claim becomes due, Owner may pay such Claim and charge the amount of the payment against funds due Contractor. The payment of a Claim in the manner authorized shall not relieve Contractor or Contractor's surety from obligation with respect to any unpaid Claims. 14.02.E.2.b. If Contractor or first-tier Subcontractor fails, neglects, or refuses to make payments within 30 days after receipt of payment from Owner, Contractor or first-tier Subcontractor shall owe amount due plus interest charges commencing at the end of the 10-day period that payment is due and ending upon payment. 14.02.E.2.c. If Contractor or first-tier Subcontractor fails, neglects, or refuses to make payments to person furnishing labor or materials, person may file a complaint with the Construction Contractors Board. 14.02.E.3. In accordance with ORS 279C.580: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-19 14.02.E.3.a. Contractor shall include in each subcontract for property or services entered in to by Contractor or first-tier Subcontractor, including material Suppliers, for the purpose of performing Work under this Contract, a clause that obligates Contractor to pay first-tier Subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to Contractor by Owner. 14.02.E.3.b. Contractor shall include in each subcontract a clause that obligates Contractor to pay first-tier Subcontractor an interest penalty of three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from Owner, but the rate of interest shall not exceed 30 percent. The amount of interest may not be waived. 14.02.E.3.c. Contractor shall require first-tier Subcontractors to included same clauses in subcontracts with lower tiered Subcontractors and Suppliers in connection with this Project. SC-14.04. Delete SGC paragraph 14.04 in its entirety and insert the following in its place: "Substantial Completion 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 Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor and Engineer shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Contractor in writing giving the reasons therefore. If Owner considers the Work substantially complete, Owner will prepare and deliver to Contractor a 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 will also deliver to Contractor a written division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Owner's written decision on such matters will be final and binding upon Contractor, unless, within ten days after the date of any such decision, Contractor delivers to Owner written notice of intent to appeal Owner's decision and: (i) an appeal of the Owner's decision is taken within the time limits and in accordance with the procedures set forth in a "Dispute Resolution Agreement" entered into between Owner and Contractor pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by Contractor in a forum of competent jurisdiction to exercise such rights or remedies as Contractor may have with respect to the Owner's decision, unless otherwise agreed in writing by Owner and Contractor." SC-14.05. Add the following new paragraph immediately after SGC Paragraph 14.07.A.2: Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-20 14.07.A.2.e. In accordance with ORS 279A.120, when out-of-state Contractor is awarded a Contract, Contractor is required to report to the Department of Revenue the Contract Price, terms of payment, length of Contract, and other information as Department of Revenue may require. Owner will verify Contractor has satisfied this requirement prior to issuing final payment. ARTICLE 15–SUSPENSION OF WORK AND TERMINATION SC-15.01. Delete the first sentence of SGC Paragraph 15.03.A in its entirety and insert the following in its place: Upon 7 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 or any portion of the Contract. ARTICLE 16– DISPUTE RESOLUTION SC-16.01. Delete SGC Paragraph 16.01 in its entirety and insert the following in its place: If a claim or dispute is submitted as provided in Paragraph 10.05 and remains unresolved, either Owner or Contractor must follow the following process: A. Executive Negotiation. Senior Representatives of Owner and Contractor shall meet along with the Engineer at a mutually agreed time and place to seek a way to resolve the dispute. If a resolution is not achieved within 30 days, either party may request mediation. B. Mediation. If Executive negotiations are unsuccessful, the Owner or Contractor may request in writing that the other party shall participate in mediation. The parties shall attempt to agree on a mediator within 14 days. If they cannot agree, then either may apply to Arbitration Services of Portland Oregon for selection of a mediator. If mediation does not result in resolution within 60 days of the mediator's appointment, then either party may declare an impasse and proceed to litigation. C. Litigation. If mediation in unsuccessful, either party may exercise all rights and remedies each may have under the contract or at law in the Circuit Court of the State of Oregon for the county of Washington or United States District Court located in Portland, Oregon, if federal jurisdiction applies. ARTICLE 17 - MISCELLANEOUS Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-21 SC 17.01 Add Sections 17.07 through 17.13 to the SGC: 17.07 Compliance With All Government Regulations: CONTRACTOR shall comply with all federal, state and local laws, codes, regulations and ordinances applicable to the Work. Failure to comply with such requirements shall constitute a breach of Contract and shall be grounds for Contract termination. Damages or costs resulting from noncompliance shall be the responsibility of CONTRACTOR. 17.07.1 CONTRACTOR shall comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations; and 17.07.1.a CONTRACTOR certifies to OWNER that the CONTRACTOR has not and will not discriminate against minority, women or emerging small business enterprises in the awarding of or obtaining subcontracts, as required by ORS 279A. 110. 17.07.1.b CONTRACTOR shall maintain, in current and valid form, all licenses and certificates required by law, regulation, or this Contract when performing the Work. 17.07.1.c CONTRACTOR certifies that CONTRACTOR is registered with the Construction Contractor's Board and has filed a public works bond with the Construction Contractor's Board prior to starting the work. 17.07.2 Unless contrary to federal law, CONTRACTOR certifies that it has not accepted a bid or proposal from subcontractors to perform work as described in ORS 701.005 under this Contract unless such subcontractors are registered with the Construction Contractor's Board in accordance with ORS 701.035 to 701.055 or will be so registered at the time they commence work under the contract. 17.08 TAX LAW CERTIFICATION. The CONTRACTOR certifies to OWNER under penalty of perjury, that CONTRACTOR is to the best of CONTRACTOR's knowledge, not in violation of any tax laws described in ORS 305.380(4). 17.09 Exhibits. All exhibits, schedules and lists attached to the Contract Documents or delivered pursuant to the Contract Documents shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. 17.10 ATTORNEY FEES. In the event of any litigation between the parties to declare or enforce any provision of the Contract Documents, the prevailing party or parties shall be entitled to recover from the losing party or parties, in addition to any other recovery and costs, reasonable attorney fees incurred in such litigation, in both the trial and in all appellate courts. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-22 17.11 INTEGRATION. The Contract Documents embody the entire agreement of the parties hereto. There are no promises, terms, conditions or obligations other than those contained herein. The Contract Documents supersede all prior communications, representations or agreements, verbal or written, between the parties hereto and shall not be amended except in writing subscribed to by the parties hereto. 17.12 JURISDICTION AND VENUE. The Contract Documents shall be deemed to have been made in the State of Oregon, and shall be governed by the laws of said state. Venue for any litigation filed in connection with the Contract Documents shall be in a court of competent jurisdiction in Washington County, Oregon. 17.13 SUBCONTRACTOR REGISTRATION. The CONTRACTOR certifies to OWNER that all subcontractors performing work will be registered with the Construction Contractor's Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Supplementary Conditions—Section 007300-23 SECTION 00 73 43 PREVAILING WAGE RATES AND PUBLIC WORKS BOND REQUIREMENTS Prevailing Wage Law and Rates • All workers on this project shall be paid the applicable prevailing wage rate as listed in the Prevailing Wage Rates for Public Works Contracts in Oregon publication, effective January 1, 2016 and as amended (subject only to State Law) shall be used for this project. • Bidders are advised and required to download a copy from the following web site: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx • Contractor shall submit certified payroll reports with invoices each month to the District or the District will withhold 25% of the invoiced amount until the certified payroll reports are submitted. • Contractor is required to post the current prevailing wage rates and details of any applicable benefit plans at the job site. Public Works Bonding • Contractor and all subcontractors must have a public works bond filed with the Construction Contractor's Board before starting work on the project. Contractor's contracts with all subcontractors must include reference to the public works bond requirement. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Prevailing Wage Rates and Public Works Bond Requirements—Section 00 73 43-1 SECTION 01 29 01 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SUMMARY A. Work under this Contract will be paid on a unit price or lump sum basis as outlined on the Bid Form in Section 00 41 43, for the quantity of Work as installed. B. The unit prices and lump sum prices include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete the Work included in the Contract Documents. C. The application for payment will be for a specific item based on the percentage completed or the quantity installed. The percentage complete will be based on the value of the partially completed work relative to the value of the item when entirely completed and ready for service. D. Items in these Specifications that are not listed in the schedule of Work items of the Bid Form are, in general, applicable to more than one listed Work item, and no separate Bid Item is provided. Include the cost of Work not listed but necessary to complete the Project designated in the Contract Documents in the various listed work items of the Bid Form. E. The Bids for the Work are intended to establish a total cost for the Work in its entirety. Should the Contractor feel that the cost for the Work has not been established by specific items in the Bid Form, include the cost for that Work in some related Bid Items so that the Proposal for the Project reflects the total cost for completing the Work in its entirety. This includes all indirect costs, such as supervision and overheads, profit, as specified in the Standard General Conditions. These items shall be allocated to each bid item as applicable. No separate payment will be made to the Contractor for these items. F. Extra Work, if any, shall be performed in accordance with Article 10 of the General Conditions (Section 00 72 00), and will be paid for in accordance with Article 11 of the General Conditions. 1.02 MEASUREMENT AND PAYMENT. The contract price and payment thereof shall constitute full compensation for all work incidental to the completion of the project in accordance with the Plans and Specifications. All workers on this project shall be paid the applicable prevailing wage rate in accordance with Section 00 73 43. Measurement and payment will be in accordance with the Bid Form, the requirements of Section 00 72 00, Section 00 73 00 (Supplementary Conditions), and as follows: A. Mobilization (Item 1) Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-1 1. Payment. The lump sum contract price for this item includes the preparatory work and operations necessary for the movement of personnel, equipment, materials, and incidentals to the project site and for all costs incurred before the beginning of work as well as any other work included in the Contract Documents which is not specifically listed in other bid items. In the event that the project is held in abeyance for an extended period of time, additional payment for mobilization and demobilization will not be made. All costs for additional mobilization and demobilization shall be incidental. The amounts paid for mobilization in the Contract progress payment will be based on the percent of the original Contract amount that is earned from other Contract items, not including advances on materials, and as follows: i. When 5 percent is earned, 50 percent of the amount for mobilization will be paid. ii. When 10 percent is earned, 100 percent of mobilization will be paid. 2. Measurement. Measurement for this item will be on a lump sum (LS) basis. The mobilization bid amount shall not exceed five percent (5%) of the total contract amount. B. Temporary Traffic Control (Item 2) 1. Payment. The lump sum contract price for this item includes, but is not limited to, all labor, equipment, and materials for installing all necessary traffic control measures. Payment also includes preparation of a traffic control plan acceptable to the applicable jurisdiction, traffic control devices, temporary signs, temporary barricades, setup and removal of signage as many times as is required by construction sequencing, flaggers and all other items or work specified in the technical specifications and the permits. Payment also includes providing flaggers wherever and whenever traffic is restricted to one drive lane by the Contractor's operations per the approved traffic control plan. Payment for lighting stations and other additional costs related to night work shall be considered incidental to this bid item. 2. Measurement. Measurement for this item will be on a lump sum (LS) basis, and paid as a percentage of Work complete. C. Erosion Control (Item 3) Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-2 1. Payment. The lump sum contract price for this item shall be full payment for furnishing all materials, labor, tools, and equipment necessary to install and maintain the temporary water pollution/erosion control measures throughout the life of the project, complete work in accordance with the approved permits, and to remove the temporary erosion control devices when ordered by the Engineer. No attempt has been made to delineate all of the specific erosion control measures which will be required in this project. Payment also includes the preparation and enforcement of a Pollution Control Plan including a Spill Prevention Control and Countermeasures Plan. Payment for this item does not include erosion control measures which are incidental to other bid items. 2. Measurement. Measurement for this item shall be on a lump sum (LS) basis, and paid as a percentage of Work complete. D. Construction Survey (Item 4) 1. Payment. The lump sum contract price for this bid item includes, but is not limited to, all labor, equipment, materials, and coordination necessary to perform all surveying and staking necessary for completion of Work, including staking, resurveying, checking, correction of errors, and replacement of missing or damaged stakes. 2. Measurement. Measurement for this item will be on a lump sum (LS) basis, and paid as a percentage of Work complete. E. Private Utility Locator (Item 5) 1. Payment. The lump sum contract price for this bid item includes, but is not limited to, all labor, equipment, materials, and coordination necessary to locate all utilities within private property as necessary for completion of Work and protection of these utilities. 2. Measurement. Measurement for this item will be on a lump sum (LS) basis, and paid as a percentage of Work complete. F. Over-Excavation and Backfill (Item 6) 1. Payment. The unit contract price per cubic yard for this item, where its removal and replacement is directed by written instructions from the Engineer, includes, but is not limited to, the excavation, removal and disposal of material necessary in order to remove unsuitable material or to place the proposed water main at a depth greater than as shown on the Contract Drawings; and the furnishing, placement and compaction of additional backfill. No payment will be made for over-excavation completed without prior direction by the Engineer. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-3 2. Measurement. Measurement for this item will be on a cubic yard (CY) basis rounded to the nearest 0.5 ('/) CY. The pay width is the outside pipe diameter plus 24- inches. The pay depth is equal to the difference between the depth indicated on the Contract Drawings and the depth excavated as directed by the Engineer. The pay length shall be as measured in the field by the Engineer. The Owner, at its sole discretion, may vary the quantities for this bid item from zero (0) to one thousand (1,000) percent of the quantity shown on the Bid Form for this item. The unit price bid for this item shall not be subject to negotiation for quantities within these limits. G. Foundation Material (Item 7) 1. Payment. The unit contract price per cubic yard for this item, where its removal and replacement is directed by written instructions from the Engineer, includes, but is not limited to, the excavation, removal and disposal of unsuitable foundation materials, and furnishing, placing and compacting import granular foundation material. No payment will be made for foundation material required because the Contractor excavates below the subgrade required by the Plans without the Engineer's written permission. 2. Measurement. Measurement for this item will be on a cubic yard (CY) basis rounded to the nearest 0.5 (%) CY. The pay width limit is the outside pipe diameter plus 24- inches. The pay depth limit is 1 foot below the pipe bedding zone unless otherwise directed by the Engineer. The pay length shall be as measured in the field by the Engineer. The Owner, at its sole discretion, may vary the quantities for this bid item from zero (0) to one thousand (1,000) percent of the quantity shown on the Bid Form for this item. The unit price bid for this item shall not be subject to negotiation for quantities within these limits. H. 4, 6, 8, and 12-Inch PVC Pipe with Joint Restraints (Items 8 - 11) 6 and 12-Inch DI Pipe with Joint Restraints (Items 12 - 13) 1. Payment. The unit contract price per linear foot for these items shall include, but not be limited to, all labor, equipment, and materials necessary to furnish and install PVC or ductile iron water main pipe at all depths as shown. Payment includes saw cut, pavement removal and disposal, trench excavation, disposal of trench spoils, shoring, dewatering, placement and compaction of bedding and backfill, compaction testing by certified testing lab, temporary hot mix asphalt pavement restoration, and protection of existing pavement; furnishing and installing pipe as specified, restrained joints, tracer wire, detectable warning tape, polyethylene wrap and tape for ductile iron pipe; pressure testing, disinfection and flushing of new water main, and all other miscellaneous work necessary to install the complete water pipe. Payment also includes all exploratory pothole excavations ahead of pipe laying operations at locations of utility crossings. Utility coordination and any required anchoring or bracing of utility poles or structures shall be incidental to these bid items. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-4 2. Measurement. Measurement for these items will be on a linear foot (LF) basis of installed piping, and will be the horizontal measurement along the top of the finished trench, with no deduction for fittings, valves, and couplings. I. 4, 6, 8, 10, and 12-Inch DI Small Fitting with Joint Restraints (Items 14 - 18) 4,6, and 12-Inch DI Large Fitting with Joint Restraints (Items 19-21) 1. Payment. The unit contract price for these various bid items shall include, but not be limited to, furnishing all materials, labor, tools, and equipment to install the various fittings listed in the Bid Form with joint type per the plans, including mechanical joint restraints, and fasteners where required. "Small Fittings" are defined as all bends, sleeves, and reducers. "Large Fittings" are defined as tees and crosses. Temporary and permanent trench restoration constructed outside the limits of the pipeline trench limits will be considered incidental to these bid items. No payment will be made for fittings installed at locations other than those shown on the Plans without previous written approval from the Engineer. Galvanic anodes installed with fittings shall be paid under a separate bid item. Tapping sleeves, fittings for hydrants including mainline tees, and fittings for blowoff and combination air and vacuum valves will be paid for under other bid items. 2. Measurement. Measurement for this item will be on a per each (EA) basis for each installed fitting. J. 6-Inch Gate Valve with Joint Restraints (Item 22) 1. Payment. The unit contract price for this bid item shall include, but not be limited to, furnishing all materials, labor, tools, and equipment to install the various valve with joint type per the plans, including excavation, disposal of trench spoils, shoring, dewatering, subgrade preparation, placement and compaction of bedding and backfill; valve box, valve operator extensions, concrete pad, and all other materials and labor necessary for a complete installation. Temporary and permanent trench restoration constructed outside the limits of the pipeline trench limits will be considered incidental to this bid item. Valves for hot taps, hydrants, blowoff assemblies and combination air and vacuum valve assemblies will be paid for under other bid items. 2. Measurement. Measurement for this item will be on a per each (EA) basis. K. 1-Inch Manual Air Release Assembly (Item 23) Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-5 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, and equipment to install the specified combination air & vacuum valve assembly in accordance with District standards. Payment includes saw cut and pavement removal, excavation, disposal of trench spoils, shoring, dewatering, subgrade preparation, placement and compaction of bedding and backfill, furnishing and installation of saddle tap, corporation stop, meter box, concrete pad, copper pipe and fittings, 9-lb galvanic anode, surface restorations not included in other bid items, and all other materials and labor necessary for a complete installation. 2. Measurement. Measurement for this item will be on a per each (EA) basis. L. Fire Hydrant Assembly (Item 24) 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, and equipment to install a standard fire hydrant assembly in accordance with District standards at the location noted on the Plans, regardless of barrel depth. Payment includes vegetation removal, saw cut, removal and disposal of pavement, trench excavation, disposal of trench spoils, shoring, dewatering, subgrade preparation, placement and compaction of bedding and backfill, compaction testing by a certified laboratory, and drain rock; furnishing and installation of the mainline tee, 6-inch gate valve, valve box and operator extension, concrete pier block, hydrant assembly, barrel extension, polyethylene wrap and tape, electrical bonding between the tee and the hydrant, and all other materials and labor necessary to complete installation. Galvanic anodes installed with fire hydrant assemblies shall be paid under a separate bid item. 2. Measurement. Measurement for this item will be on a per each (EA) basis. M. Service Connection at (Items 25–29) 1. Payment. The unit contract price for these items shall include, but not be limited to, furnishing all materials, labor, tools and equipment necessary to install the various water service connections as listed on the Bid Form. Payment includes saw cut and pavement removal, excavation, disposal of spoils, dewatering, placement and compaction of bedding and backfill, compaction testing by a certified laboratory, copper pipe, sleeve, meter valve, fittings, 9-lb galvanic anode, detectable warning tape, and all other work necessary for a complete service connection as shown on the Contract Plans. Payment limits for each service connection are delineated on the Plans. Additional costs incurred due to night work for interruptions to water service will be considered incidental to these bid items. 2. Measurement. Measurement for these items will be on a lump sum (LS) basis. N. 2-Inch Blowoff Assembly (Item ---) Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-6 0. 3 and 8-Inch Water Meter and Vault (Items 30–31) 1. Payment. The unit contract price for these items shall include, but not be limited to, furnishing all materials, labor, and equipment necessary to install the various water meter and vaults as listed on the Bid Form. Payment includes excavation, disposal of spoils, dewatering, bedding and backfill, compaction testing by a certified laboratory, meter and associated pipe and fittings, and vault. Payment limits for these bid items are delineated on the Contract Plans. 2. Measurement. Measurement for these items will be on a lump sum (LS) basis. P. 4 and 10-Inch Backflow Prevention Assembly and Vault (Items 32 –33) 1. Payment. The unit contract price for these items shall include, but not be limited to, furnishing all materials, labor, and equipment to install the various backflow prevention assembly and vaults as listed on the Bid Form. Payment includes excavation, disposal of spoils, dewatering, bedding and backfill, compaction testing by a certified laboratory, double check valve assembly and associated pipe and fittings, straddle block, non-shrink grout, isolation ball valve and drain, concrete ballast, and vault as shown on the Contract Plans. Payment limits for these bid items are delineated on the Contract Plans. 2. Measurement. Measurement for these items shall be on a lump sum (LS) basis. Q. Locate Wire Test Station (Item 34) 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, and equipment to install the locate wire test station. Payment includes saw cut and pavement removal, excavation, disposal of trench spoils, shoring, dewatering, subgrade preparation, placement and compaction of bedding and backfill, furnishing and installation of grounding anode, conduit, pipe spacer, pipe and cap, sand, valve box assembly, and all other materials and labor necessary for a complete installation. Surface restoration beyond the limits of the pipe trench shall be considered incidental to this bid item. 2. Measurement. Measurement for this item will be on a per each (EA) basis. R. Water Sample Station (Item --) S. Cathodic Protection Test Station (Item 35) Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-7 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, and equipment to install a cathodic protection test station at the location noted on the Plans regardless of distance between test station and protected structure connection. Payment includes saw cut and pavement removal, excavation, disposal of trench spoils, shoring, dewatering, placement and compaction of bedding and backfill, flush mount test station with drain rock, valve box assembly, concrete pad, terminal board, conduit, detectable warning tape, wires from test box to water main, anode, reference cell, and all other materials and labor necessary to complete test station installation. Surface restoration beyond the limits of the pipe trench shall be considered incidental to this bid item. 2. Measurement. Measurement for this item will be on a per each (EA) basis. T. 32 LB Galvanic Anode (Item 36) 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, and equipment to install the galvanic anode, and thermite weld the wire lead to the protected structure and all other work for a complete installation including any necessary bonding. Payment includes excavation, disposal of trench spoils, native material backfill and compaction. Note that anodes installed in conjunction with test stations will be paid for under the test station bid item. 2. Measurement. Measurement for this item will be on a per each (EA) basis. U. Additional Bonding (Item 37) 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, and equipment to install electrical continuity bonding between grouped sections of pipe, valves or fittings. Note that this bid item does not cover any bonding associated with fire hydrants, cathodic protection test stations, or galvanic anode installation; said bonding will be considered incidental to the respective bid items. This bid item is solely for the purpose of allowing the Contractor to be compensated if they elect to protect multiple valves and/or fittings with a single anode or where bonding is required for ductile iron pipe, valves, and fittings found at connections to existing piping. Payment will be for each additional valve, fitting, or pipe segment bonded to a cathodically protected structure and will not be based on the number or size of bond wires or thermite welds. As an example, if a tee and two valves are clustered together, a galvanic anode could be placed on the tee and the valves could be bonded to the tee. This example scenario would create two (2) Additional Bonding pay items. 2. Measurement. Measurement for this item will be on a per each (EA) basis for each additional valve and/or fitting bonded to a protected structure. V. 8 and 12-Inch Hot Tap Connection (Items 38-39) Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-8 1. Payment. The unit contract price for these items shall include, but not be limited to, furnishing all materials, labor, tools, and equipment to install the tapping sleeve, tapping valve, flange between tapping sleeve and tapping valve, and all appurtenant items including mechanical joint restraints, fasteners, electrical continuity bonding of tapping valve and protected water main, and polyethylene wrap and tape. Payment also includes exploratory pothole excavations at connection location, shoring, dewatering, and furnishing, placing and compacting bedding and backfill. Temporary and permanent trench restoration constructed outside the limits of the pipeline trench limits will be considered incidental to these bid items. 2. Measurement. Measurement for these items will be on a per each (EA) basis. W. Thrust Block (Item 40) 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, tools, and equipment to install a concrete thrust block of the dimensions required on the Contract Plans or as directed by the Engineer. 2. Measurement. Measurement for this item will be on a cubic yard (CY) basis rounded to the nearest 0.5 (%) CY. Volume will be determined based on the dimensions of the thrust block as measured in the field by the Engineer. X. Connection to Existing Water System (Item 41) 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, tools, and equipment to make the connection between the existing water system and the proposed water system, including coordination with the District, notification to users affected by temporary water system shutoffs, verifying the location and configuration of the existing water system at the location of the connection, pavement removal and disposal, excavation and disposal of waste material, potholing existing utilities, cut, cap/plug and removal of existing pipe and fittings as necessary to permit connection or as noted on Plans, furnishing and installing restrained joint ductile iron pipe and fittings at all depths, trace wire and splice to existing, fittings, valves and all other appurtenant items within the pay limits of the connection, bedding and backfill placement and compaction, gravel, asphalt and landscape surface restoration to match existing and all miscellaneous existing waterline abandonment not included in other bid items. 2. Measurement. Measurement for this item will be on a per each (EA) basis. Y. Abandon Existing Water System (Item 42) Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-9 1. Payment. The lump sum contract price for this item shall include, but not be limited to, all materials, labor, and equipment necessary to abandon the existing water main and associated water system components, including removal and disposal of pavement, excavation, disposal of trench spoils, shoring, dewatering, placement and compaction of base course and backfill, cutting and plugging existing water main, thrust blocks for temporary restraint, and disposal of all waste materials. 2. Measurement. Measurement for this item shall be on a lump sum (LS) basis. Z. Remove and Replace Cement Concrete Curbs, All Types (Item 43) 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, and equipment necessary to replace all segments of existing cement concrete curb and gutter removed as required for the water main installation. Payment includes saw cut where directed by the Engineer, removal and disposal of existing curb and gutter to the nearest joint, subgrade preparation, placement and compaction of base course, concrete curb or curb and gutter, and protection of newly-constructed concrete. No payment will be made for curb removed and replaced without approval by the Engineer. 2. Measurement. Measurement for this item will be on a linear foot (LF) basis. The Owner, at its sole discretion, may vary the quantities for this bid item from zero (0) to one thousand (1,000) percent of the quantity shown on the Bid Form for this item. The unit price bid for this item shall not be subject to negotiation for removal and replacement quantities within these limits. AA.Remove and Replace Cement Concrete Sidewalk (Item 44) 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, and equipment necessary to replace all segments of existing cement concrete sidewalk removed as required for water service or hydrant installation. Payment includes saw cut where directed by the Engineer, removal to the nearest joint and disposal of existing sidewalk panel, subgrade preparation, placement and compaction of base course, and concrete sidewalk placement, finishing, and protection of newly-constructed concrete. No payment will be made for concrete damaged by weather or vandalism. No payment will be made for sidewalk removed and replaced where not shown on Plans or without approval by the Engineer. 2. Measurement. Measurement for this item will be on a square yard (SY) basis, rounded to the nearest 0.5 (%) SY. The Owner, at its sole discretion, may vary the quantities for this bid item from zero (0) to one thousand (1,000) percent of the quantity shown on the Bid Form for this item. The unit price bid for this item shall not be subject to negotiation for removal and replacement quantities within these limits. BB.Remove and Replace Cement Concrete Curb Ramp (Item 45) Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-10 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, and equipment necessary to replace all segments of existing cement concrete curb ramp removed as required for water service or hydrant installation. Payment includes saw cut where directed by the Engineer, removal to the nearest joint and disposal of existing sidewalk panel, subgrade preparation, placement and compaction of base course, and concrete sidewalk placement, finishing, and protection of newly-constructed concrete, and replacement of a detectable warning surface. No payment will be made for concrete damaged by weather or vandalism. No payment will be made for curb ramp removed and replaced where not shown on Plans or without approval by the Engineer. 2. Measurement. Measurement for this item will be on a square yard (SY) basis, rounded to the nearest 0.5 ('h) SY. The Owner, at its sole discretion, may vary the quantities for this bid item from zero (0) to one thousand (1,000) percent of the quantity shown on the Bid Form for this item. The unit price bid for this item shall not be subject to negotiation for removal and replacement quantities within these limits. CC. Remove and Replace Cement Concrete Roundabout and Entryway Panels (Item 46) 1. Payment. The unit contract price per square yard for this item shall include, but not be limited to, furnishing all materials, labor, and equipment necessary for a cement mason to replace all cement concrete roundabout and entryway panels removed as required for water main installation. Payment includes saw cut where directed by the Engineer, removal and disposal of existing concrete roundabout and entryway panels, subgrade preparation, placement and compaction of base course, placement of rebar, and concrete roundabout and entryway panels, and protection of newly- constructed concrete. No payment will be made for concrete damaged by weather or vandalism. No payment will be made for panels removed and replaced without approval by the Engineer. 2. Measurement. Measurement for this item will be on a square yard (SY) basis, rounded to the nearest 0.5 (%) SY. The Owner, at its sole discretion, may vary the quantities for this bid item from zero (0) to one thousand (1,000) percent of the quantity shown on the Bid Form for this item. The unit price bid for this item shall not be subject to negotiation for removal and replacement quantities within these limits. DD. Permanent Asphalt Concrete Trench Restoration, 4 or 6-Inch Depth (Items 47 -48) 1. Payment. The unit contract price for these items shall include, but not be limited to, furnishing all materials, labor, tools and equipment necessary to complete permanent asphalt concrete trench resurfacing. Payment includes final saw cut or grinding for tee cut, removal and disposal of pavement, and placement and compaction of permanent asphalt concrete trench restoration pavement. The materials, labor, tools and equipment necessary to restore permanent pavement markings will be considered incidental to this bid item. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-11 2. Measurement. Measurement for these items will be on a square yard (SY) basis, rounded to the nearest 0.5 (%) SY. The maximum payment width will be 5 feet. The payment length will be the total horizontal length of trench to be resurfaced. Where trenches intersect, length will be measured for each run of trench with no deduction for overlapping portions. EE.Miscellaneous Surface Restoration (Item 49) 1. Payment. The unit contract price for this item shall include, but not be limited to, furnishing all materials, labor, tools and equipment necessary to restore vegetation and landscaping disturbed or damaged by trenches for water mains, hydrant leads, and water services. Payment includes removal and disposal of damaged vegetation, mulch, topsoil, soil amendments, and furnishing and planting all necessary replacement plantings. 2. Measurement. Measurement for this item will be on a lump sum (LS) basis. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-12 Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Measurement and Payment—Section 01 29 01-13 • SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 CONTACT INFORMATION A. The numbers given below are for the Contractor's convenience in coordinating the Work and are not included for the purpose of emergency situations. 1. Tualatin Valley Water District (503) 848-3000, Peter Boone 2. Project Engineer (360) 695-7041, Adam Crafts B. The Contractor shall note the following emergency contacts for the project: 1. Contact for damage to existing water main NAME. 2. Contact for unexpected service disruptions NAME. 1.02 NOTIFICATION REQUIREMENTS A. The Contractor shall notify the Owner for the following... B. The Contractor shall notify the Engineer for the following ... 1.03 SCHEDULING A. General. The Contractor shall schedule and complete the work in accordance with approved schedules as outlined in this section. The work shall be scheduled to interfere as little as possible with traffic, operation of adjacent businesses, and the public in general. This pertains to both work on public and private property. Additionally, Work on private property shall be performed in such a manner as to limit to the greatest extent possible impacts on vehicular and pedestrian traffic, parking, and access to buildings during normal business hours. In the event that the Contractor must work outside normal working hours, the Contractor shall do this work at no additional cost to the Owner and shall obtain approval from the jurisdictional authority. B. Coordination of work. The Contractor shall coordinate the Work with other projects being completed in the area. The Contractor shall coordinate with the Owner's field representative, and other contractors, for coordination and expeditious execution of the Work. C. Contractor's responsibility for daily status reports. The Contractor's superintendent shall telephone the Owner's project manager between 4:00 p.m. and 4:30 p.m. every afternoon of every working day throughout the entire contract period and provide a status report on the project. The Contractor shall maintain a log of all telephone calls to the project manager and shall summarize all conversations of a contractual nature. The status report, at a minimum, shall include a summary of the work planned for the following day including a general location of proposed work activities, and a notification of any correspondence or difficulties with property owners. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Project Management and Coordination—Section 01 31 00-1 D. Construction progress schedule 1. Within ten days of the effective date of the Agreement, the Contractor shall submit a construction progress schedule as required in the Section 00 72 00. In addition to those requirements, the schedule shall indicate the various subdivisions of the work, and the date of commencing and finishing each. The schedule shall show the time allowed for testing and other required procedures prior to the works being put into operation. The schedule shall be updated weekly and given to the Owner a minimum of two (2) business days prior to work taking place. The Contractor shall submit a copy of the construction schedule with notes thereon indicating the percentage completion of each division of the work during the period of which the partial payment estimate is submitted. The schedule submittal is required prior to processing payment estimates. 2. The Contractor shall immediately advise the Owner of any proposed changes in the submitted construction progress schedule. If, in the opinion of the Owner, any construction schedule, as submitted, is inadequate to ensure the completion of the work within the time limited therefore, or is otherwise not in accordance with the specifications, or if the work is not being adequately or properly prosecuted in any respect, the Owner without deviating from the Owner's rights under the contract shall have right to require the Contractor to submit a new construction schedule providing for proper and timely completion of the work. 3. Approval of any schedule submitted by the Contractor shall not be construed to assign responsibility of performance or contingencies to the Owner or relieve the Contractor of its responsibility to adjust its forces, equipment and work schedules as may be necessary to ensure completion of the work within prescribed contract time. E. Scheduling contractor's work for inspections and approvals 1. As specified in the Specifications, certain items of work will require notifying the Owner prior to commencing with additional work. The Contractor shall schedule its work to conform to the requirements as follows: i. Following staking of proposed waterline appurtenances (i.e. fire hydrants, valves, etc.) and piping route, the Contractor shall allow the Owner three (3) working days to review the proposed alignment and to request modifications to the proposed route. ii. Following placement and compaction of backfill material, the Contractor shall allow the Owner twenty-four (24) hours to complete an inspection of the compacted aggregate or native material prior to placement of asphalt concrete pavement or portland cement concrete surfacing. Compaction testing must satisfy the applicable permit conditions as well as testing requirements listed in Section 01 45 00. 2. Contractor shall notify the Owner by telephone as outlined above. The Contractor shall maintain a log of all telephone calls to the Owner, and shall note the items requiring inspection and the location by station. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Project Management and Coordination—Section 01 31 00-2 3. It shall be the Contractor's responsibility to accompany the Owner during inspection of the items specified above and to document those areas inspected for approval. The Contractor shall maintain a log noting specific areas inspected for approval and shall note those areas approved or disapproved with specific reference to station and offset. 4. All Contractor-maintained logs shall be made available to the Owner for inspection or reproduction. 1.04 WEEKLY PROJECT MEETINGS A. The Contractor shall hold a weekly project meeting to discuss the proposed schedule of work for that week, as well as the planned temporary traffic control measures, any scheduled water shutdowns, and any special inspection needs. The meeting shall include the Owner and the Owner's representative. 1.05 PERMITS AND REGULATORY REQUIREMENTS A. The Contractor shall comply with requirements of all ordinances and permits of Clean Water Services, City of Tigard, Washington County, and laws of the State of Oregon which are applicable to work of the nature herein contemplated and shall observe these in all respects and to the same extent as if such municipal ordinances and laws were repeated herein. See the Appendices for copies of Owner secured permits. B. The Contractor will be responsible for obtaining the necessary plumbing permits for work on the private side of the water meter. 1.06 HOURS OF WORK A. Except in the case of emergency, specified within the Contract Documents, or unless otherwise approved by the Owner, the normal working hours for the Contract shall be any consecutive 8-hour period between 8:00 a.m. and 4:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the normal working hours stated above, the request must be submitted in writing prior to the preconstruction conference, subject to the provisions below. The working hours for the Contract shall be established at or prior to the preconstruction conference. B. All working hours and days are also subject to local permit and ordinance conditions (such as noise ordinances). See the applicable local agency's Right-of-Way permit for limits. C. Some work may be required to be performed outside of the normal working hours in order to minimize the impacts of the work on businesses located within the project area. These exceptions to the normal working hours include work blocking access to SW Washington Square Road and water service disruptions. That work must be completed outside of all business hours for all affected businesses. This may entail night work or weekend work, within the requirements stated by the applicable local agency's Right-of-Way permit. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Project Management and Coordination—Section 01 31 00-3 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Project Management and Coordination—Section 01 31 00-4 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SAMPLES. Submit samples in accordance with the requirements of this section and Section 00 72 00, Standard General Conditions of the Construction Contract. 1.02 SUBMITTALS A. All submittals shall be sent to the Engineer directly from the Contractor. Any submittals directly from subcontractors or suppliers will be rejected. B. The Contractor shall submit shop drawings for fabricated items and manufacturer's literature with applicable specifications for valves, equipment, pipe, and other manufactured items to the Owner for favorable review. It is understood that the approval by the Engineer of the Contractor's drawings is a general approval relating only to their sufficiency and compliance with the intention of the Contract, and shall not constitute a waiver of errors, misfits, discrepancies, or omissions. Favorable review shall not relieve the Contractor of its obligation to meet the requirements of the Contract Documents, safety requirements, and all other requirements of laws. C. Specific submittal requirements are listed in the applicable Specifications section. D. All submittals shall be made within 15 days after the award of Contract. Submittals shall be prepared in such a manner that they are referenced to the applicable specifications paragraph, and shall be in electronic format as much as possible. If hard copies are required, Contractor shall prepare three (3) copies (One copy each for the Owner, Engineer, and Contractor). Shop drawings shall be submitted for review and shall be acted upon by the Owner with an action of "No Exception Taken", "Make Corrections Noted", "Revise and Resubmit", or"Rejected" prior to fabrication, ordering, construction or delivery. 1.03 SHOP DRAWINGS A. General. Where special equipment is called for, and detailed information is available only from the manufacturer, as in the case of reinforcing steel or other special materials where it is the trade practice of the supplier to provide details, one electronic copy or three (3) hard copies of full detailed drawings shall be prepared and submitted to the Engineer with transmittal form. The information shall include: 1. For fabricated items, show component sizes, layout, materials, and connection details including fastener or weld type and sizes. 2. For electrical items include electrical circuitry and control diagrams and complete motor ratings. 3. Data showing coatings and painting including samples of colors where specified. 4. Performance data where specified. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Submittal Procedures—Section 01 33 00-1 5. List of spare parts or special tools furnished with the equipment, or if not furnished, spare parts or special tools recommended by the manufacturer. 6. Manufacturer's standard catalog information and details shall be submitted, however standard manufacturer information and advertising literature may not necessarily be sufficient. 7. Special information for equipment or materials as specified in each specification section for this project. 8. Prototype and sample equipment or materials where specified. B. Submittal Procedures. Contractor shall submit three hard copies - or one hard copy and one electronic copy of the shop drawings to the Engineer for review. Following review of the shop drawings, the Engineer will indicate appropriate action to be taken by the Contractor, and return one hard copy and one electronic copy to the Contractor. In the event that revisions are required, the Contractor shall follow the same procedure for the resubmittal as for the original submittal. For scheduling purposes the Contractor should allow the Engineer fifteen (15) working days for each review. 1.04 RECORD DRAWINGS. The Contractor shall prepare record drawings in accordance with Section 01 78 39– Project Record Documents. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Submittal Procedures—Section 01 33 00-2 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Submittal Procedures—Section 01 33 00-3 SECTION 01 45 00 QUALITY CONTROL PART 1 GENERAL 1.01 DESCRIPTION This section covers quality control requirements supplementary to those stated in Section 00 72 00. 1.02 PROVISIONS The Owner reserves the right to complete additional testing at its own expense. In such cases the Contractor shall provide safe access for the Owner and its inspectors to adequately inspect the quality of work and the conformance with project specifications. 1.03 QUALITY ASSURANCE A. Submittal for Testing Laboratory Approval. The Contractor shall select a qualified testing laboratory or testing service and shall submit a statement of qualifications from said laboratory or testing service for review and favorable approval by the Owner. The submittal shall be made and approved prior to starting any work for which testing is specified. B. Qualifications of Testing Laboratory. The testing laboratory shall be properly qualified for the services rendered, and shall be independently owned and operated. All testing shall be performed under the direct supervision and control of a qualified registered professional engineer employed by the laboratory. C. INSPECTIONS 1. General i. Material, equipment and workmanship are subject to inspection by Owner and will be rejected when found not to be in conformance with requirements of the Contract Documents. ii. Facilitate Owner, or Owner's representative inspection of the work. (i) Facilitate inspection by Owner and others by maintaining proper facilities and providing safe access to the Work. (ii) Notify Owner's representative in a timely manner to allow inspection of work before it is buried. (iii) Provide such equipment and facilities as the Owner's representative may require for conducting an independent field test and for collecting and forwarding samples. (iv) Uncover, at Contractor's expense, work that is buried without sufficient (minimum 24-hr) notice for inspection prior to the covering. iii. Acceptability of materials, equipment, and workmanship shall be determined by the Engineer. iv. Remove defective products from the project site, whether in place or not, and re- perform Work in conformance with Contract Documents. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Quality Control—Section 01 45 00-1 D. TESTS 1. General i. Where the Specifications and/or permits require work to be specifically tested or approved, it shall be tested only in the presence of the Owner after timely notice of its readiness for inspection and test and the work after testing shall be covered up only with the consent of the Owner. ii. The results of any tests made are for the information of the Owner. Regardless of test results, the Contractor is solely responsible for the quality of workmanship and materials and for compliance with the requirements of the Contract Documents. iii. Except as specifically required under detail materials specifications for testing and inspection, all tests of materials furnished by the Contractor will be made in the presence of the Owner. The Contractor shall furnish a sample of any material to be incorporated into the work as requested by the Owner without charge. iv. Where such inspection and testing are to be conducted by an independent laboratory or agency, the sample or samples of materials to be tested shall be selected by such laboratory or agency, or the Owner, and not by the Contractor. 2. Costs of Testing i. The Contractor shall be responsible for scheduling the tests and inspections, and shall pay for all tests and inspections as specified in Part 3 of this section and as specified in other technical specification sections. ii. Where test results show that the material or workmanship does not meet the minimum requirements of the Contract Documents, additional tests shall be completed and shall be paid for by the Contractor with no reimbursement by the Owner. 1.04 SUBMITTALS A. Laboratory Test or Inspection Reports. Each report shall be signed and certified by the supervising engineer of the testing laboratory. Submit in accordance with Section 01 33 00. PART 2 PRODUCTS - NOT APPLICABLE TO THIS SECTION. PART 3 EXECUTION 3.01 FIELD TESTING SCHEDULE. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Quality Control—Section 01 45 00-2 The Contractor shall complete field testing in accordance with the following schedule. Additional source material testing shall be completed as necessary to establish the basis of field tests and satisfy all other requirements of the Contract Documents. The frequency of testing listed in this schedule lists the minimum number of tests per quantity of work completed by the Contractor. The frequency of testing listed in the following table shall be utilized to determine the total number of tests required, not the location of said tests. Contractor shall obtain approval from the Owner for all testing locations. Payment Equipment or Material Responsibility Minimum Frequency 1 test location (using nuclear density gauge with 12-inch probe) per every 200 LF of trench. The gauge shall be Trench Backfill placed at the surface, and at every 1 Compaction Contractor foot of depth below the surface up to a maximum depth of 2 foot above the crown of the pipe (i.e., the tip of the probe shall not be closer than 1 foot above the top of the pipe). Permanent Asphalt 1 density test per 200 LF of trench. Trench Restoration Contractor Minimum 2 tests per day of asphalt placement. Concrete Sidewalk or Contractor See Section 03 30 00, subsection 3.03. Driveway Restoration Hydrostatic Testing and Contractor See Section 33 11 00 Disinfection END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Quality Control—Section 01 45 00-3 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Quality Control—Section 01 45 00-4 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 TEMPORARY FACILITIES A. STAGING AREA. The Contractor is responsible to secure a staging area adjacent to the project area. B. TELEPHONE/INTERNET. The Contractor shall be responsible for providing, for and on behalf of its Work under the Contract, its own telephone/internet service. C. SANITARY FACILITIES. Toilet facilities shall be provided for all workers in accordance with pertinent regulations. D. POWER. The Contractor shall be responsible for providing, for and on behalf of its Work under the Contract, all necessary power and special connections to power lines. Existing or new electrical services utilized by the Contractor will be paid for by the Contractor. E. WATER. The Contractor shall be responsible for providing, for and on behalf of the work under the Contract, all necessary water and special connections to a water supply. All costs for water and permit shall be paid by Contractor. If water is used from fire hydrants, the Contractor shall maintain adequate cross connection control and shall use a hydrant meter or other Owner approved method. Contractor shall secure hydrant permit including Owner approval of water truck. Information on hydrant meter set-up is available from the Owner at(503) 848-3000. F. PRESERVATION OF PUBLIC AND PRIVATE PROPERTY The Contractor shall be responsible for protecting public and private property, including utilities, landscaping, and structures. Unless otherwise stated, the cost of all work described in this section shall be considered incidental to other items of work, and shall be included in the appropriate bid items. G. UTILITIES 1. Utility Locate. The Contractor shall call the Utility Location Request Center(One Call Center) at 1-800-332-2344 for field location, not less than two or more than ten working days before the scheduled date for commencement of excavation that may affect underground utility facilities. The Contractor shall be responsible for the location of utilities within privately-owned property. A bid item has been included on the Bid Form to address this work 2. Underground and Above Ground Utilities. The Contractor shall be solely and directly responsible to the Owner and utility owners for any and all damage, disruption of service, or claims that may result from the construction operations. The Contractor shall make all necessary arrangements for protection of existing utilities in the vicinity of the Work that interfere with construction. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Temporary Facilities and Controls—Section 01 50 00-1 3. All costs of providing any required temporary or permanent protection to underground utilities in accordance with utility company requirements shall be paid by the Contractor. 4. Contractor's Responsibility. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. 5. Restoration of Utilities. Restoration of utilities damaged by the Contractor shall be accomplished by the utility involved at the Contractor's expense. 1.02 CLEANING AND DUST CONTROL. Upon the termination of the work, and as a condition precedent to final acceptance, the Contractor shall remove all equipment and temporary structures and all rubbish, waste and surplus materials, and shall grade and re-level ground surface, repair pavement, walks and traveled surfaces to their original condition, re-establish plantings, and generally clean up the right of way and premises to fully conform to conditions as they existed before the improvement was made. The Contractor shall prevent dust by using water or an approved dust-preventative treatment. Clean all storm drains, structures and ditches that may have filled during the work. 1.03 RESTORATIONS A. General. It is expressly understood that the Contractor shall, in particular, restore all easements and rights-of-way to a condition equal to its original condition in accordance with the Washington County and City of Tigard Right-of-Way Permits, and in a condition satisfactory to the property owners and the Owner. It is also understood that any private improvements made in public rights-of-way are included in the above category. Specific restoration work is addressed in the applicable Section and shown on the Contract Plans. B. Landscape Restorations. Upon completion of earthwork and trenching, replant all trees, shrubs, or plants in their original position and/or new stream bank restoration plantings in accordance with the Plans and Specifications. All trees, shrubs, or plants not noted for removal that are damaged shall be replaced in kind to the satisfaction of the Owner and property owner. The Contractor shall remove and replace any tree, shrub, or plant that dies within 12 months from the time that it was planted. All costs for replacement shall be the responsibility of the Contractor and shall be included with other bid items in the Bid Proposal. C. Work on Private Property. Some work within this project may require the Contractor to access private property. Coordinate all such work efforts with the District prior to accessing private property. The Contractor shall be required to minimize all operations within private property and to conduct all operations within easements only after providing written notification to the property owner. All surface restoration and repairs necessary for completing said work on private property shall be included in other bid items. 1.04 PROTECTION OF SURFACES AND WATERWAYS A. Erosion Control Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Temporary Facilities and Controls—Section 01 50 00-2 1. Install hay bales at local drainage ways as shown on the erosion control details to prevent silt intrusion upon adjacent drainage courses. Following establishment of grass cover hay bales may be removed and utilized as mulch along swales or on steep slopes, as directed by the Owner. 2. Install silt fences prior to excavation as shown on the details contained on the Contract Plans to prevent silt intrusion upon adjacent land. For maintenance and removal of silt fence, see the construction notes contained on the Contract Plans. 3. In areas adjacent to streams or other natural water ways excavated trench material shall be cast on the side of the trench opposite the natural waterway. Under no circumstances shall any material be placed between the trench and the natural waterway. 4. Sediment deposits shall be removed when the deposit reaches approximately 1/3 the height of the temporary control devices design depth. A second silt fence may be installed in lieu of sediment removal, as determined by the Owner. 5. The Contractor shall take whatever measures are necessary to prevent erosion and protect water quality. Prevent surface runoff of excavated sites by placing straw bales of hay, filter fabric, or other approved methods. Place filter fabric under the existing or newly installed catch basin grates which are located within the vicinity of construction activities. Clean the filter fabric as necessary to provide drainage through the fabric. Keep dirt, soil, aggregate, and extraneous material from entering the existing or newly installed storm drain system. Install hay bales, silt fence and/or straw mulch as required to prevent sediments from entering the storm system. All newly constructed inlets shall be cleaned out. Cost of erosion control shall be incidental to the lump sum bid price. 6. Contractor shall prepare a Pollution Control Plan, including a Spill Prevention Control and Countermeasures plan. These items shall be submitted and copies shall be maintained on-site at all times. The PCP, and SPCC shall meet all requirements of ODOT Standard Specifications Section 0290.20. B. Protection of Adjacent Roads and Streets. All materials spilled, dropped, washed, or tracked from vehicles onto roadways or into storm drains must be removed immediately. C. Maintenance and Removal of Erosion Controls. Maintain and remove all erosion controls as specified on the standard erosion control details. The Contractor shall remove all accumulated sediment from catch basins, drywells, storm pipes, and culverts prior to acceptance by the Owner. D. Comply with all wet-weather protection measures as specified in the drawings and as required by the applicable permits. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Temporary Facilities and Controls—Section 01 50 00-3 1.05 SAFETY. Whenever the Contractor's work endangers the safety of life or property including adjoining property or property in the immediate proximity of the project, the Contractor shall take all reasonable precautions to prevent threatened loss or injury there from and shall be solely responsible for any damages or injury occurring. 1.06 CONSTRUCTION SITE MAINTENANCE AND DAILY CLEANUP. The Contractor shall be required to correct any conditions causing undue public inconvenience, impeding access to driveways, fire hydrants, or interfering with emergency vehicle passage prior to continuation of work. This includes daily cleanup of work zone and providing a safe work area to the public while the Contractor is not on site. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Temporary Facilities and Controls—Section 01 50 00-4 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Temporary Facilities and Controls—Section 01 50 00-5 SECTION 01 55 26 TRAFFIC CONTROL PART 1 GENERAL 1.01 DESCRIPTION OF WORK A. This work consists of providing temporary traffic control measures and furnishing, installing, moving, operating, maintaining, inspecting, and removing traffic control devices throughout the Project area according to the Drawings, the approved traffic control plan (TCP), and this Section. B. No work shall commence onsite until traffic control measures are in place in accordance with an approved Traffic Control Plan. Work may be suspended if the Contractor fails to correct unsafe traffic conditions. 1.02 SUBMITTALS A. Submit as specified in Section 01 33 00—Submittal Procedures. B. Two weeks prior to beginning Work, submit an approved TCP for proposed work on both public and private property, incorporating all proposed work with applicable pedestrian and vehicular traffic control measures. The TCP shall include the locations and quantities of all traffic control measures and devices and the proposed order and duration of each traffic control measure, not to exclude protection and detouring of pedestrian traffic and detouring of vehicular traffic to private parking areas. C. As the work progresses, the Contractor may be required to provide an updated traffic control plan for work on private property. If required, this plan would need to be submitted two (2) business days prior to the associated work taking place. D. Provide material and manufacturer data for temporary traffic control devices when requested by the Owner. PART 2 PRODUCTS 2.01 STANDARDS A. All traffic control devices shall conform to the most recent version of the Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), Chapter 6 — Temporary Traffic Control. In addition, all work zone traffic control devices shall comply with the crashworthy requirements of the National Cooperative Highway Research Program's NCHRP Report 350: Recommended Procedures for the Safety Performance Evaluation of Highway Features. B. The acceptability of traffic control devices will be made by the criteria included in the most current version of the American Traffic Safety Services Association's Quality Guidelines for Work Zone Traffic Control Devices. Use new or acceptable traffic control devices for all installations unless otherwise specified. Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Traffic Control—Section 01 55 26-1 C. All traffic control devices used within Washington County and City of Tigard Right-of- Way shall meet the requirements of the most recent version of Oregon Department of Transportation's Oregon Standard Specifications for Construction. PART 3 EXECUTION 3.01 INSTALLATION. A. Temporary traffic control measures and devices shall be implemented and installed in accordance with the TCP, the product manufacturer's recommendations, and the standards listed in subsection 2.01. B. Flaggers. Flaggers shall be located far enough in advance of the work area to permit adequate time for drivers to respond to the flagger's instructions. All flaggers shall use a "STOP" / "SLOW" paddle. Flaggers shall perform all flagging operations behind an approved protective barrier at all times. C. Pavement Edge Delineation. Place tubular or conical markers to delineate the edge of pavement when paving creates an abrupt or sloped edge drop-off 1-inch or more in height along the shoulder. Locate and maintain temporary traffic markers at intervals no more than 10 feet. D. Temporary Signage. Once temporary signs have been installed, do not remove them from the project site until directed by the Owner. Install all temporary signing according to the Drawings, the MUTCD, and the Federal Highway Administration's Standard Highway Signs. 3.02 MAINTENANCE A. After traffic control devices have been installed and accepted, the Contractor shall be responsible for the inspection and maintenance of the devices. Devices shall be in a proper position, clean and visible/legible at all times. Lights, reflectors and flashers shall be clean, visible and operating property during both day and night hours. Temporary traffic control devices shall be maintained during suspensions of Work if necessary. B. Maintain existing signage in the same manner as temporary signs and devices, in particular warning and directional signs. 3.03 REMOVAL OF TEMPORARY TRAFFIC CONTROL MEASURES & DEVICES A. Work at the intersection of SW Greenburg Road and SW Washington Square Road may be required to be performed at night, outside of the hours of businesses requiring access to SW Washington Square Road. See the Right-of-Way permit from Washington County in the Appendices for additional details. 3.04 REMOVAL OF TEMPORARY TRAFFIC CONTROL MEASURES & DEVICES Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Traffic Control—Section 01 55 26-2 A. When it is determined only minor work remains on the Project and the Work area does not encroach on the roadway or shoulder, provide signs for minor work on portable sign supports and remove all temporary signs, supports, and ballast including the advance construction signs and sign flag boards. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Traffic Control—Section 01 55 26-3 Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Traffic Control—Section 01 55 26-4 SECTION 01 71 13 MOBILIZATION PART 1 GENERAL 1.01 DESCRIPTION A. Mobilization shall include obtaining all permits; moving all personnel, materials and equipment onto the site; furnishing and erecting plants, temporary buildings, and other construction facilities; implementing security requirements, all as required for the proper performance and completion of the work outlined in the Drawings and these Specifications. Mobilization shall include the following principal items: 1. Moving all the Contractor's personnel, materials and equipment required for operations on and off site. 2. Providing all on-site communication facilities, including radios and cellular phones. 3. Providing on-site sanitary facilities. 4. Obtaining all required permits. 5. Having all OSHA-required notices and establishment of safety programs and having all staff undergo required safety training. 6. Having the Contractor's superintendent at the jobsite full time. 7. Submitting initial submittals. 8. Procurement of all required bonds. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Mobilization—Section 01 71 13-1 Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Mobilization—Section 01 71 13-2 SECTION 01 77 00 CLOSEOUT PROCEDURES PART 1 GENERAL 1.01 FINAL WALKTHROUGH. The Contractor shall notify the Owner in writing when Substantial Completion has been reached. The Owner will make an inspection of the substantially completed work, and prepare and submit to the Contractor a list of items to be completed or corrected. The Contractor shall take immediate steps to remedy the listed deficiencies, and notify the Owner in writing that the project is complete and ready for final inspection. The Owner will make a final inspection and determined if the work is ready for final acceptance. 1.02 ACCEPTANCE. Any part of the work may be accepted in writing by the Owner when it is completed in accordance with the terms of the contract documents as determined by the Owner and its official representatives. If any part or portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Contract Documents, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or undesirable, or if the removal of such work will create conditions which are dangerous or undesirable, the Owner shall have the right and authority to retain such work but may make such deduction in the final payment therefore as may be just and reasonable. 1.03 CLOSEOUT SUBMITTALS. Once the Work is complete, the system is operable and final inspection discloses no deficiencies, the following documentation shall be delivered to the Owner. A. Special guarantees and bonds. B. Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of the Owner. C. Final payment estimate. D. Evidence that the Performance Bond will remain in effect for one year following the date of final project acceptance. E. Release from property owners where required. F. Red-lined as-built drawings showing locations of all improvements constructed as part of this project in accordance with Section 01 78 39 - Project Record Documents. G. Certificate of Compliance: Upon completion of the work, and prior to the payment of the final estimate, the Contractor shall submit an affidavit in accordance with the Instructions to Bidders, Section 00 21 13, Article 24, Certificates of Compliance. H. All other documentation as required by the Standard General Conditions and Supplementary Conditions. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Closeout Procedures—Section 01 77 00-1 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Closeout Procedures—Section 01 77 00-2 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Closeout Procedures—Section 01 77 00-3 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 DESCRIPTION. "Record drawings" refer to those documents maintained and annotated by the Contractor during construction and are defined as (1) a neatly and legibly marked set of contract drawings showing the final location of piping, fittings, valves, galvanic anodes, hydrants, services and meter boxes; (2) additional documents such as schedules, lists, drawings, and electrical and instrumentation diagrams included in the specifications; and (3) Contractor layout and installation drawings. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 GENERAL. Unless otherwise specified, record drawings shall be full size and maintained in a clean, dry, and legible condition. Record documents shall not be used for construction purposes and shall be available for review by the Owner at the Contractor's field office during normal working hours as defined in Section 01 31 00 — Project Management and Coordination. At the completion of the work, prior to final payment, all record drawings shall be submitted to the Owner. 3.02 CONTRACTUAL REQUIREMENTS. Record drawings must be maintained as a precondition to Contractor's monthly pay request submittal. 3.03 ANNOTATIONS. Marking of the drawings 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* *Legibly mark to record actual depths, horizontal and vertical location of underground pipes, valves, and appurtenances referenced to permanent surface improvements. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project January 2016 Project Record Documents-Section 01 78 39- 1 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Project Record Documents -Section 01 78 39 -2 SECTION 03 20 00 CONCRETE REINFORCEMENT PART 1 GENERAL 1.01 REFERENCES. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only and shall be the most current edition. A. American Concrete Institute (ACI) ACI 318 Building Code Requirements for Reinforced Concrete B. American Society for Testing and Materials (ASTM) ASTM A 82 Cold-Drawn Steel Wire for Concrete Reinforcement ASTM A 120 Pipe, Steel, Black and Hot-Dipped Zinc-Coated (Galvanized) Welded and Seamless, for Ordinary Uses ASTM A 185 Welded Steel Wire Fabric for Concrete Reinforcement ASTM A 615 Deformed and Plain Billet-Steel Bars for Concrete Reinforcement ASTM A 675 Steel Bars, Carbon, Hot-Wrought, Special Quality, Mechanical Properties ASTM A 706 Low-Alloy Steel Deformed Bars for Concrete Reinforcement C. American Welding Society, Inc. (AWS) AWS DI.4 Structural Welding Code- Reinforcing Steel D. Concrete Reinforcing Steel Institute (CRSI) CRSI 01 (24th Ed.) Manual of Standard Practice 1.02 SUBMITTALS A. The following shall be submitted in accordance with Section 01300 Submittals: 1. Detail Drawings. Detail drawings shall be submitted and shall show details of reinforcement including the location and mark number of each reinforcing bar, schedules, sizes, grades, and splicing and bending details. Drawings shall show support details including types, sizes and spacing. 2. Welding Procedures and Qualifications. Furnish a list of names of qualified welders. SECTION 03 20 00- 1 3. Certificates of Compliance. Certified copies of mill reports attesting that the reinforcing steel furnished meets the requirements specified shall be submitted prior to the installation of reinforcing steel. 1.03 QUALIFICATIONS. Welders shall be qualified in accordance with AWS DI.4. Welding procedures qualified by others and welders qualified by another employer may be accepted. 1.04 DELIVERY AND STORAGE. Reinforcement and accessories shall be stored off the ground on platforms, skids, or other supports. PART 2 PRODUCTS 2.01 DOWELS. Dowels shall conform to ASTM A 675, Grade 80, or ASTM A 499. Steel pipe conforming to ASTM A 120, Schedule 80, may be used as dowels provided the ends are closed with metal or plastic inserts or with mortar. 2.02 REINFORCING STEEL. Reinforcing steel shall be Grade 60 deformed bars conforming to ASTM A 615 or ASTM A 706, grades and sizes as indicated. Cold drawn wire used for spiral reinforcement shall conform to ASTM A 82. 2.03 WELDED WIRE FABRIC. Welded wire fabric shall conform to ASTM A 185. Welded wire fabric shall be supplied in flat sheets. No rolled mesh shall be used. 2.04 WIRE TIES. Wire ties shall be 16-gauge or heavier black annealed steel wire. 2.05 SUPPORTS. Bar supports for formed surfaces shall be designed and fabricated in accordance with CRSI 01 and shall be cementitious fiber-reinforced bar supports, or all-plastic bar supports, or precast concrete blocks. Precast concrete block shall have compressive strength equal to that of the surrounding concrete. Concrete supports used in concrete exposed to view shall have the same color and texture as the finish surface. 2.06 FORM SAVERS. Form saver type reinforcement mechanical connection shall be of the positive locking, taper threaded type coupler manufactured from high quality steel. The bar ends must be taper threaded using the manufacturer's requirements. The mechanical connections shall be Lenton taper threaded couplers or approved equal. PART 3 EXECUTION 3.01 REINFORCEMENT A. Reinforcement shall be fabricated to shapes and dimensions shown and shall conform to the requirements of ACI 318. Reinforcement shall be cold bent unless otherwise authorized. Bending may be accomplished in the field or at the mill. Bars shall not be bent after embedment in concrete. Safety caps shall be placed on all exposed ends of vertical concrete reinforcement bars that pose a danger to life safety. Tack welding to, or of, reinforcement is prohibited. B. Notification. Notify the Engineer when reinforcing is ready for inspection and allow at least 24 hours for inspection prior to placing concrete. SECTION 03 20 00-2 C. Placement. Reinforcement shall be free from loose rust and scale, dirt, oil, or other deleterious coating that could reduce bond with the concrete. Reinforcement shall be placed in accordance with ACI 318 at locations shown plus or minus one bar diameter. Reinforcement shall not be continuous through expansion joints. For slabs on grade, reinforcement shall be sloped 3 inches each side of contraction joints, construction joints, and expansion joints. Concrete coverage shall be as indicated or as required by ACI 318. If bars are moved more than one bar diameter to avoid interference with other reinforcement, conduits or embedded items, the resulting arrangement of bars, including additional bars required to meet structural requirements, shall be approved before concrete is placed. D. Splicing. Splices of reinforcement shall conform to ACI 318 and shall be made only as required or indicated. Splicing shall be by lapping or by mechanical or welded butt connection; except that lap splices shall not be used for bars larger than No. 11 unless otherwise indicated. Welding shall conform to AWS DI.4. Welded butt splices shall be full penetration butt welds. Lapped bars shall be placed in contact and securely tied or spaced transversely apart to permit the embedment of the entire surface of each bar in concrete. Lapped bars shall not be spaced farther apart than one-fifth the required length of lap or 6-inches. Mechanical butt splices shall be in accordance with the recommendation of the manufacturer of the mechanical splicing device. Butt splices shall develop 125 percent of the specified minimum yield tensile strength of the spliced bars or of the smaller bar in transition splices. Bars shall be flame dried before butt splicing. Adequate jigs and clamps or other devices shall be provided to support, align, and hold the longitudinal centerline of the bars to be butt spliced in a straight line. 3.02 WELDED-WIRE FABRIC. Welded-wire fabric shall be placed in slabs as indicated. Fabric placed in slabs on grade shall be continuous within each panel. Lap splices shall be made in such a way that the overlapped area equals the distance between the outermost crosswires plus 2 inches. Laps shall be staggered to avoid continuous laps in either direction. Fabric shall be wired or clipped together at laps at intervals not to exceed 4 feet. Fabric shall be positioned by the use of supports. Fabric shall be stopped 2 inches clear of pavement edges and expansion, isolation, contraction, and construction joints in slabs on grade. 3.03 DOWELS. Dowels shall be installed in slabs on grade at locations indicated and at right angles to joints being doweled to a tolerance of 1/8-inch per foot. Dowels shall be accurately aligned parallel to the finished concrete surface and rigidly supported during concrete placement. One end of dowels shall be painted with red-lead paint and coated with a bond breaker. END OF SECTION 03 20 00 SECTION 03 20 00-3 SECTION 03 30 00 CAST–IN-PLACE CONCRETE PART 1 GENERAL 1.01 DESCRIPTION A. This section describes the materials and methods to be used in construction of cement concrete curbs, sidewalk, and driveways. B. Related Work Specified Elsewhere 1. Section 01 33 00–Submittal Procedures 2. Section 32 10 00 – Bases, Ballasts, and Paving 3. Section 32 16 00 - Curbs, Gutters, Sidewalks, and Driveways 1.02 REFERENCES. The publications listed below form a part of this Specification to the extent referenced. The publications are referred to in the text by basic designation only. Publications shall be the most current edition. A. American Concrete Institute (ACI) 1. ACI 117 Standard Tolerances for Concrete Construction and Materials 2. ACI 305R Hot Weather Concreting 3. AC! 318 (318-08) Building Code Requirements for Reinforced Concrete B. American Society for Testing and Materials (ASTM) 1. ASTM C 31 Making and Curing Concrete Test Specimens in the Field 2. ASTM C 39 Compressive Strength of Cylindrical Concrete Specimens 3. ASTM C 42 Obtaining and Testing Drilled Cores and Sawed Beams of Concrete 4. ASTM C 78 Flexural Strength of Concrete (Using Simple Beam With Third-Point Loading) 5. ASTM C 94 Ready-Mixed Concrete 6. ASTM C 109 Compressive Strength of Hydraulic Cement Mortars (Using 2-in. or 50-mm Cube Specimens) 7. ASTM C 143 Slump of Hydraulic Cement Concrete Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-1 8. ASTM C 150 Portland Cement 9. ASTM C 171 Sheet Materials for Curing Concrete 10. ASTM C 172 Sampling Freshly Mixed Concrete 11. ASTM C 173 Air Content of Freshly Mixed Concrete by the Volumetric Method 12. ASTM C 192 Making and Curing Concrete Test Specimens in the Laboratory 13.ASTM C 231 Air Content of Freshly Mixed Concrete by the Pressure Method 14.ASTM C 260 Air-Entraining Admixtures for Concrete 15. ASTM C 309 Liquid Membrane-Forming Compounds for Curing Concrete 16. ASTM C 494 Chemical Admixtures for Concrete 17. ASTM C 595 Blended Hydraulic Cements 18. ASTM C 597 Pulse Velocity Through Concrete 19. ASTM C 618 Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete 20. ASTM C 803 Penetration Resistance of Hardened Concrete 21. ASTM C 805 Rebound Number of Hardened Concrete 22.ASTM C 989 Ground Granulated Blast-Furnace Slag for Use in Concrete and Mortars 23.ASTM C 1017 Chemical Admixtures for Use in Producing Flowing Concrete 24. ASTM C 1107 Packaged Dry, Hydraulic-Cement Grout (Nonshrink) 25. ASTM D 98 Calcium Chloride 26. ASTM E 96 Water Vapor Transmission of Materials C. National Ready-mixed Concrete Association (NRMCA) 1. NRMCA CPMB 100 Concrete Plant Standards 2. NRMCA QC 3 Quality Control Manual: Section 3, Plant Certifications Checklist: Certification of Ready-Mixed Concrete Production Facilities 3. NRMCA TMMB 1 Truck Mixer and Agitator Standards Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-2 1.03 SUBMITTALS A. The following shall be submitted in accordance with Section 01 33 00: 1. Proportions of Mix. The results of trial mix along with a statement giving the maximum nominal coarse aggregate size and the proportions of all ingredients that will be used in the manufacture of each strength of concrete, at least 14 days prior to commencing concrete placing operations. Aggregate weights shall be based on the saturated surface dry condition. The statement shall be accompanied by test results from an independent commercial testing laboratory, attesting that the proportions selected will produce concrete of the qualities indicated. No substitutions shall be made in the materials used in the work without additional tests to show that the quality of the concrete is satisfactory. 2. Sampling and Testing Reports. Certified copies of laboratory test reports, including all test data, for aggregate, admixtures, and curing compound. These tests shall be made by an approved commercial laboratory or by a laboratory maintained by the manufacturers of the materials. 3. Certificates of Cementitious Materials. Manufacturer's certification of compliance, accompanied by mill test reports attesting that the materials meet the requirements of the Specification under which it is furnished, for cement, pozzolan, and ground iron blast-furnace slag. No cement, pozzolan, or slag shall be used until notice of acceptance has been given. Cement, pozzolan, and slag may be subjected to check testing by the Owner from samples obtained at the mill, at transfer points, or at the project site. 1.04 GENERAL REQUIREMENTS A. Tolerances. Tolerances for concrete construction and materials shall be in accordance with ACI 117. B. Air Entrainment. Concrete may be air entrained to produce concrete with 3 to 5 percent total air entrainment. C. Special Properties. Concrete may contain other admixtures, such as water reducers, superplasticizers, or set retarding agents to provide special properties to the concrete, if approved. Dosage and application requirements shall be in accordance with the manufacturer's instruction. Approved admixtures used in order to provide flowing characteristics shall be at no cost to the Owner. 1.05 PROPORTIONS OF MIX Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-3 A. Mixture Proportioning, Normal Weight Concrete. Trial batches shall contain materials proposed to be used in the project. Trial mixtures having proportions, consistencies and air content suitable for the work shall be made based on methodology described in ACI 211.1, using at least three different water-cement ratios. Maximum water-cement ratio shall be 0.45. Trial mixes shall be proportioned to produce concrete strengths specified. In the case where ground iron blast furnace slag is used, the weight of the slag will be substituted in the equations for the term P which is used to denote the weight of pozzolan. Trial mixtures shall be designed for maximum permitted slump and air content. The temperature of concrete in each trial batch shall be reported. For each water-cement ratio at least three test cylinders for each test age shall be made and cured in accordance with ASTM C 192. They shall be tested at 7 and 28 days in accordance with ASTM C 39. From these test results a curve shall be plotted showing the relationship between water-cement ratio and strength. For each strength of concrete the maximum allowable water-cement ratio shall be that shown by these curves to produce an average strength as specified in the next paragraph. B. Average Strength. In meeting the strength requirements specified, the selected mixture proportion shall produce an average compressive strength exceeding the specified strength by the amount indicated below. Where a concrete production facility has test records, a standard deviation shall be established. Test records from which a standard deviation'is calculated shall represent materials, quality control procedures, and conditions similar to those expected; shall represent concrete produced to meet a specified strength or strengths within 1,000 psi of that specified for proposed work; and shall consist of at least 30 consecutive tests. A strength test shall be the average of the strengths of two cylinders made from the same sample of concrete and tested at 28 days or at other test age designated for determination of the specified strength. 1. Test Records Exceeding 29. Required average compressive strength used as the basis for selection of concrete proportions shall be the larger of the specified strength plus the standard deviation multiplied by 1.34 or the specified strength plus the standard deviation multiplied by 2.33 minus 500. 2. Test Records Less Than 29. Where a concrete production facility does not have test records meeting the above requirements but does have a record based on 15 to 29 consecutive tests, a standard deviation may be established as the product of the calculated standard deviation and a modification factor from the following table: Modification factor No. of tests (1) for standard deviation less than 15 See Note 15 1.16 20 1.08 2 1.03 30 or more 1.00 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-4 When a concrete production facility does not have field strength test records for calculation of standard deviation or the number of tests is less than 15, the required average strength shall be: i. The specified strength plus 1000 specified strength of less than 3,000 psi. ii. The specified strength plus 1200 for specified strengths of 3,000 to 5,000 psi. iii. The specified strength plus 1400 for specified strengths greater than 5,000 psi. 1.06 STORAGE OF MATERIALS. Cement and pozzolan shall be stored in weathertight buildings, bins, or silos which will exclude moisture and contaminants. Aggregate stockpiles shall be arranged and used in a manner to avoid excessive segregation and to prevent contamination with other materials or with other sizes of aggregates. Reinforcing bars and accessories shall be stored above the ground on platforms, skids or other supports. Other materials shall be stored in such a manner as to avoid contamination and deterioration. Admixtures which have been in storage at the project site for longer than 6 months or which have been subjected to freezing shall not be used unless retested and proven to meet the specified requirements. PART 2 PRODUCTS 2.01 ADMIXTURES. Admixtures shall conform to the following: A. Accelerating Admixture: ASTM C 494, Type C or E; or calcium chloride conforming to ASTM D 98 B. Air-Entraining Admixture: ASTM C 260 C. Flowing Concrete Admixture: ASTM C 1017, Type 1 or 2 D. Water-Reducing or Retarding Admixture: ASTM C 494, Type A, B, D, F, or G 2.02 CEMENTITIOUS MATERIALS. Cementitious materials shall each be of one type and from one source when used in concrete which will have surfaces exposed in the finished structure. Cementitious materials shall conform to one of the following: A. Cement: ASTM C 150, Type II for all waterbearing structures and Type I for all other structures B. Portland Blast-Furnace-Slag Cement: ASTM C 595, Type IS (MS) C. Portland-Pozzolan Cement: ASTM C 595, Type IP (MS) D. Pozzolan: ASTM C 618, Class F or C E. Ground Iron Blast-Furnace Slag: ASTM C 989, Grade 120 2.03 AGGREGATES. Aggregates shall conform to the following: A. Normal Weight Aggregate: ASTM C 33. Grading requirement for coarse aggregate shall conform to size number 57. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-5 2.04 CURING MATERIALS A. Burlap: FS CCC-C-467 B. Impervious Sheets: ASTM C 171, type optional, except that polyethylene film, if used, shall be white opaque. C. Membrane-Forming Compounds: ASTM C 309, Type I-D, Class A or B 2.05 NONSHRINK GROUT. Nonshrink grout shall conform to ASTM C 1107 Grade C and shall be a formulation suitable for the application. 2.06 WATER. Water shall be potable, except that nonpotable water may be used if it produces mortar cubes having 7- and 28-day strengths at least 90 percent of the strength of similar specimens made with water from a municipal supply. The strength comparison shall be made on mortars, identical except for mixing water, prepared and tested in accordance with ASTM C 109. Water for curing shall not contain any substance injurious to concrete, or which causes staining. PART 3 EXECUTION 3.01 PREPARATION OF SURFACES. Surfaces to receive concrete shall be clean and free from frost, ice, mud, and water. Conduit and other similar items shall be in place and clean of any deleterious substance. A. Preparation of bases for concrete surfaces shall be as specified in Section 32 10 00 – Bases, Ballast and Paving. B. Preparation of Previously Placed Concrete. Concrete surfaces to which other concrete is to be bonded shall be roughened in an approved manner that will expose sound aggregate uniformly without damaging the concrete. Laitance and loose particles shall be removed. Surfaces shall be moist but without free water when concrete is placed. 3.02 BATCHING, MIXING AND TRANSPORTING CONCRETE. Ready-mixed concrete shall be batched, mixed and transported in accordance with ASTM C 94, except as otherwise specified. Truck mixers, agitators, and nonagitating units shall comply with NRMCA TMMB 1. Ready-mix plant equipment and facilities shall be certified in accordance with NRMCA QC 3. Site-mixed concrete shall be mixed in accordance with ACI 301. On-site plant shall conform to the NRMCA CPMB 100. A. Admixtures. Admixtures shall be batched within an accuracy of 3 percent. Where two or more admixtures are used in the same batch, they shall be batched separately and must be compatible. Retarding admixture shall be added within one minute after addition of water is complete or in the first quarter of the required mixing time, whichever is first. Superplasticizing admixtures shall be added as recommended by manufacturer. Concrete that shows evidence of total collapse or segregation caused by the use of admixture shall be removed from the site. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-6 B. Control of Mixing Water. No water from the truck system or elsewhere shall be added after the initial introduction of mixing water for the batch except when on arrival at the jobsite, the slump of the concrete is less than that specified. Water added to bring the slump within the specified range shall not change the total water in the concrete to a point that the approved water-cement ratio is exceeded. The drum shall be turned an additional 30 revolutions, or more, if necessary, until the added water is uniformly mixed into the concrete. Water shall not be added to the batch at any later time. 3.03 SAMPLING AND TESTING. Sampling and Testing is the responsibility of the Contractor and shall be performed by an approved testing agency. A. Aggregates. Aggregates for normal weight concrete shall be sampled and tested in accordance with ASTM C 33. Gradation tests shall be performed on the first day and every other day thereafter during concrete construction. B. Sampling of Concrete. Samples of concrete for air, slump, unit weight, and strength tests shall be taken in accordance with ASTM C 172. 1. Air Content. Test for air content shall be performed in accordance with ASTM C 173 or ASTM C 231. A minimum of 1 test per day shall be conducted. 2. Slump. At least 2 slump tests shall be made on randomly selected batches of each mixture of concrete during each day's concrete placement. Tests shall be performed in accordance with ASTM C 143. 3. Unit Weight. Tests shall be conducted on each batch sampled for strength tests and on random samples taken for each 75 cubic yards of concrete placed. The unit weight of fresh concrete shall not vary more than 2 pounds per cubic foot from the corresponding unit weight of the approved proportions. C. Evaluation and Acceptance of Concrete. Coordinate testing of concrete with the Owner prior to sampling and testing. 1. Frequency of Testing i. One set for each 20 cubic yards of concrete placed, with a minimum of one test per day of concrete placement. Each sample shall consist of (3) cylinders tested for (1) 7- day compressive strength test and (2) 28-day compressive strength test. Maximum of(3) cylinders per truck. All cylinders shall be tested for air content, slump and temperature. ii. Where driveway concrete is tested, (1) 3-day compressive strength test will be substituted for(1) 28-day compressive strength test. 2. Testing Procedures. Cylinders and beams for acceptance tests shall be molded and cured in accordance with ASTM C 31. Cylinders shall be tested in accordance with ASTM C 39 and beams shall be tested in accordance with ASTM C 78. A strength test shall be the average of the strengths of two cylinders made from the same sample of concrete and tested at 28 days or at another specified test age. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-7 3. Evaluation of Results. Concrete specified on the basis of compressive strength will be considered satisfactory if the averages of all sets of three consecutive strength test results equal or exceed the specified strength and no individual strength test result falls below the required strength by more than 500 pounds per square inch. 4. Investigation of Low-Strength Test Results i. When any strength test of standard-cured test cylinder falls below the specified strength requirement by more than 500 pounds per square inch, or if tests of field-cured cylinders indicate deficiencies in protection and curing, steps shall be taken to assure that load-carrying capacity of the structure is not jeopardized. When strength of concrete in place is considered potentially deficient, cores shall be obtained and tested in accordance with ASTM C 42. At least three representative cores shall be taken from each member or area of concrete in place that is considered potentially deficient. The location of cores shall be determined by the Owner to least impair the strength of the structure. ii. The cores shall be air dried (temperature 60 to 80 degrees F, relative humidity less than 60 percent) for seven days before testing and shall be tested dry. Concrete in the area represented by the core testing will be considered adequate if the average strength of the cores is equal to or at least 85 percent of the specified strength requirement and if no single core is less than 75 percent of the specified strength requirement. iii. If the core tests are inconclusive or impractical to obtain, or if structural analysis does not confirm the safety of the structure, load tests may be directed by the Owner in accordance with the requirements of ACI 318. Concrete work evaluated by structural analysis or by results of a load test and found deficient shall be corrected in a manner satisfactory to the Owner. All investigations, testing, load tests, and correction of deficiencies shall be performed, and approved by the Owner, at the expense of the Contractor. 3.04 CONVEYING CONCRETE. Concrete shall be conveyed from mixer to forms as rapidly as possible and within the time interval specified in paragraph CONCRETE PLACEMENT by methods which will prevent segregation or loss of ingredients.Chutes. When concrete can be placed directly from a truck mixer or other transporting equipment, chutes attached to this equipment may be used. Separate chutes will not be permitted except when specifically approved. B. Buckets. Bucket design shall be such that concrete of the required slump can be readily discharged. Bucket gates shall be essentially grout tight when closed. The bucket shall provide means for positive regulations of the amount and rate of deposit of concrete in each dumping position. C. Belt Conveyors. Belt conveyors may be used when approved. Belt conveyors shall be designed for conveying concrete and shall be operated to assure a uniform flow of concrete to the final place of deposit without segregation or loss of mortar. Conveyors shall be provided with positive means for preventing segregation of the concrete at transfer points and point of placement. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-8 D. Pumps. Concrete may be conveyed by positive displacement pumps when approved. Pump shall be the piston or squeeze pressure type. Pipeline shall be steel pipe or heavy duty flexible hose. Inside diameter of the pipe shall be at least three times the maximum size of the coarse aggregate. Distance to be pumped shall not exceed the limits recommended by the pump manufacturer. Concrete shall be supplied to the pump continuously. When pumping is completed, the concrete remaining in the pipeline shall be ejected without contaminating the concrete in place. After each use, the equipment shall be thoroughly cleaned. Flushing water shall be wasted outside the forms. 3.05 CONCRETE PLACEMENT A. Mixed concrete which is transported in truck mixers or agitators or concrete which is truck mixed, shall be discharged within 1-1/2 hours or before the drum has revolved 300 revolutions, whichever comes first after the introduction of the mixing water to the cement and aggregates or the introduction of the cement to the aggregates. These limitations may be waived by the Owner if the concrete is of such slump after the 1-1/2 hour time or 300 revolution limit has been reached that it can be placed, without the addition of water to the batch. When the concrete temperature exceeds 85 degrees F, the time shall be reduced to 45 minutes. Concrete shall be placed within 15 minutes after it has been discharged from the truck. B. Placing Operation. Concrete shall be handled from mixer to forms in a continuous manner until the approved unit of operation is completed. Adequate scaffolding, ramps and walkways shall be provided so that personnel and equipment are not supported by in-place reinforcement. Placing will not be permitted when the sun, heat, wind, or limitations of facilities furnished by the Contractor prevent proper consolidation, finishing and curing. Concrete shall be deposited as close as possible to its final position in the forms, and there shall be no vertical drop greater than 5 feet except where suitable equipment is provided to prevent segregation and where specifically authorized. Depositing of the concrete shall be so regulated that it will be effectively consolidated in horizontal layers not more than 12 inches thick, except that all slabs shall be placed in a single layer. Concrete to receive other construction shall be screeded to the proper level to avoid excessive shimming or grouting. C. Cold Weather Requirements. Special protection measures, approved by the Owner, shall be used if freezing temperatures are anticipated before the expiration of the specified curing period. The ambient temperature of the air where concrete is to be placed and the temperature of surfaces to receive concrete shall be not less than 40 degrees F. The temperature of the concrete when placed shall be not less than 50 degrees F nor more than 75 degrees F. Heating of the mixing water or aggregates will be required to regulate the concrete placing temperature. Materials entering the mixer shall be free from ice, snow, or frozen lumps. Salt, chemicals or other materials shall not be incorporated in the concrete to prevent freezing. Upon written approval, calcium chloride or chemical admixture conforming to ASTM C 494 Type C or E may be used. The amount of calcium chloride shall not exceed 2 percent by weight of the cement, and it shall be batched in solution form. D. Warm Weather Requirements. The temperature of the concrete placed during warm weather shall not exceed 85 degrees F except where an approved retarder is used. The mixing water and/or aggregates shall be cooled, if necessary, to maintain a satisfactory placing temperature. In no case shall the placing temperature exceed 95 degrees F. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-9 3.06 CURBS, GUTTERS, ROUNDABOUT AND ENTRYWAY PANELS, SIDEWALKS, AND DRIVEWAYS. Construction of curbs, gutters, roundabout and entryway panels, sidewalks, and driveways shall meet the requirements of Section 32 16 00. 3.07 FINISHING CONCRETE A. General. Concrete finish and scoring shall match the existing concrete finishing. B. Broom Finish. After floating, surfaces shall be lightly troweled, and then broomed with a fiber-bristle brush in a direction transverse to that of the main traffic. C. In cold weather, the air temperature in areas where concrete is being finished shall not be less than 50 degrees F. In hot windy weather when the rate of evaporation of surface moisture, as determined by methodology presented in ACI 305R, may reasonably be expected to exceed 0.2 pounds per square foot per hour; coverings, windbreaks, or fog sprays shall be provided as necessary to prevent premature setting and drying of the surface. The dusting of surfaces with dry materials or the addition of water during finishing will not be permitted. Finished surfaces shall be plane, with no deviation greater than 3/16 inch when tested with a 10-foot straightedge. Surfaces shall be sloped to drain and as shown on the Plans. 3.08 CURING AND PROTECTION A. General. All concrete shall be cured by an approved method for the period of time given below: Concrete with Type I, II, IP or IS cement 7 days Concrete with Type I or Type II cement 7 days blended with pozzolan Immediately after placement, concrete shall be protected from premature drying extremes in temperatures, rapid temperature change, mechanical injury and injury from rain and flowing water. Air and forms in contact with concrete shall be maintained at a temperature above 50 degrees F for the first 3 days and at a temperature above 32 degrees F for the remainder of the specified curing period. All materials and equipment needed for adequate curing and protection shall be available and at the site prior to placing concrete. No fire or excessive heat shall be permitted near or in direct contact with the concrete at any time. B. Moist Curing. Concrete to be moist-cured shall be maintained continuously wet for the entire curing period. If water or curing materials used stains or discolors concrete surfaces which are to be permanently exposed, the concrete surfaces shall be cleaned. When wooden forms are left in place during curing, they shall be kept wet at all times.. Horizontal surfaces shall be cured by ponding, by covering with a 2-inch minimum thickness of continuously saturated sand, or by covering with waterproof paper, polyethylene sheet, polyethylene- coated burlap or saturated burlap. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-10 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cast-in-Place Concrete—Section 03 30 00-11 SECTION 03 40 00 PRECAST CONCRETE VAULTS PART 1 GENERAL 1.1 DESCRIPTION. Provide and install precast reinforced concrete vaults of the size and type called for on the Drawings, complete with openings, lids, hardware, and fittings, or approved equal. 1.2 SUBMITTALS. Submit the following: A. Manufacturer's catalog cuts. PART 2 PRODUCTS 2.1 GENERAL. The vaults shall be as supplied by Oldcastle Precast, Inc. or approved equal. They shall be of the minimum inside dimensions as noted on the Contract Drawings. Vaults shall be of the solid wall type to allow core and link seal connections as shown on drawings. The concrete shall have a minimum 28 day compressive strength of 4,500 psi. The reinforcing bars shall be in accordance with ASTM A-615 Grade 60. The welded wire fabric shall be in accordance with ASTM A-82 and A-185. Each vault shall be designed for an H-20 wheel load. 2.2 EXTERIOR COATING. Apply exterior Crystal Seal water proofing coating or approved equal. PART 3 EXECUTION 3.1 VAULT LOCATION. The vaults shall be placed in the locations as shown on the Drawings, installed in strict accordance with the manufacturer's recommendations and according to the details on the Drawings. 3.2 VAULT INSTALLATION. The vault shall be placed so that it is firmly bedded and level. The backfill around the vault shall be compacted imported backfill material, as noted on the Contract Drawings. The backfill shall be brought back to original grade, unless otherwise directed. 3.3 PIPE PENETRATIONS. Pipe penetrations through the walls of the vault shall be made according to the details on the Drawings. Sealing of the pipe penetrations shall be according to the details on the Drawings. END OF SECTION 13-179 03400-1 f - SECTION 08 31 00 HATCHES PART 1 GENERAL 1.1 DESCRIPTION. Furnish and install the metal hatches as shown on the Drawings. 1.2 RELATED WORK SPECIFIED ELSEWHERE. 03 40 00 Precast Concrete Vaults PART 2 PRODUCTS 2.1 VAULT HATCHES. A. Vault access hatches Floor door shall be double leaf drainage door of the sizes shown on the Plans. Door shall be aluminum with reinforcement as necessary to withstand 300 psf loading. The door shall have a minimum thickness of 1/4-inch. Channel frame shall be 1/4-inch minimum thick aluminum channel with recessed anchors. Door shall be equipped with two 1-V2 inch drain couplings for side outlet from the channel frame, under mounted slam latch with lock hasp, heavy type 316 stainless steel hinges, type 316 stainless steel pins, spring-lifting mechanisms, and an automatic hold-open arm with release handle. Hardware shall be type 316 stainless. Manufacturer shall guarantee proper operation against defects and workmanship for a period of five (5) years. All vault hatch material in contact with cement concrete shall be completely coated with a bituminous coating. Vault hatches shall be supplied with a hinged safety grate meeting OSHA standards for fall protection. Finish of door surface exposed to foot traffic shall be a factory applied anti-slip aluminum surface having a minimum coefficient of friction (COF) of 0.6 during wet surface testing per ASTM F 1979. B. Vault hatches shall be Syracuse CHD-11AL,Bilco JD-3AL, or approved equal. PART 3 EXECUTION 3.1 GENERAL. Hatches shall be installed in strict accordance with the manufacturer's recommendations and according to the details on the Drawings. END OF SECTION 13-179 08305 — 1 SECTION 13 47 13.13 CATHODIC PROTECTION FOR UNDERGROUND AND SUBMERGED PIPING PART 1 GENERAL 1.01 DESCRIPTION A. This section covers the work necessary to furnish and install a galvanic anode cathodic protection system on buried metallic pipe, fittings, valves, and appurtenances, including joint bonds, insulated joints, and test stations. B. The Contractor shall furnish all labor, equipment and materials as required for the complete installation of the cathodic protection system specified in the Contract Documents. The cathodic protection system shall include the appropriate joint bonding, anodes, backfill material, test stations, cables, fittings and all necessary items of equipment and materials for the completed system. It is the intent of these.Specifications that the Contractor furnish and install all materials and equipment and provide all labor required and necessary to complete the work shown on the Drawings or specified herein and elsewhere, and all other work items not specifically mentioned but reasonably inferred for a complete installation. 1.02 SUBMITTALS A. The Contractor shall complete submittals in accordance with Section 01 33 00 — Submittal Procedures. B. The Contractor shall submit a complete list of equipment and materials to be furnished, including name of manufacturer, catalog number, size, finish, and other pertinent data necessary for proper identification to help determine conformance with the Contract Documents. C. The Contractor shall make the following quality assurance submittals in relation to the cathodic protection system: 1. Personnel certification as described in subsection 1.03 2. Manufacturer's certificate of compliance for galvanic anodes 3. Field test reports for the following: • Insulated joint test results • Electrical continuity test results • Test station results 1.03 PERSONNEL CERTIFICATION A. Personnel installing the cathodic protection system (anodes, joint bonds, test stations, etc.) shall be certified to perform such tasks by a cathodic protection specialist meeting one of the following requirements: Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping -Section 13 47 13.13- 1 • NACE International certified Cathodic Protection Specialist • NACE International certified Corrosion Specialist • Professional engineer with a minimum of 5 years of experience in designing and testing cathodic protection systems B. Certification shall be in the form of a signed letter stating the name(s) of the personnel, and the cathodic protection installation tasks that said personnel are trained to perform. Provide personnel certification as well as cathodic protection specialist qualifications for Owner review and approval prior to field work related to cathodic protection. PART 2 PRODUCTS 2.01 GENERAL A. All materials shall conform to the requirements set forth in the Contract Documents. All materials must be new and free from defects. All necessary items and accessories not specified in the Contract Documents, but which are required to fully carry out the specified intent of the Work, shall be furnished without additional cost to the Owner. B. The Contractor is responsible to coordinate material compatibility. Materials may not be supplied by the same manufacturer; therefore, the Contractor shall supply the necessary dimensions and materials characteristics to the respective material suppliers to ensure the finished product is free of defects and irregularities that could occur from unmatched components. C. Like items of materials provided hereunder shall be the end product of one manufacturer to achieve standardization for appearance, maintenance, and replacement. D. The mention of a particular manufacturer, model, or catalog number is for the purpose of establishing only the standard of quality and general configuration desired. Products of other manufacturers will be considered by the Owner unless specifically stated otherwise. 2.02 MATERIAL SUPPLIERS A. Suppliers listed below can usually supply the types of materials specified in this section. Alternate suppliers will be considered, subject to approval of the Engineer. Address' given are that of the general office; contact these offices for information regarding the location of their representative nearest the project site. 1. Cathodic Protection Engineering, West Linn, OR 503-720-3220 2. Corrosion Protection Services, Oregon City, OR 503-655-9488 3. Corrpro Companies, Kent, WA 425-251-8411 4. Farwest Corrosion Control, Mukilteo, WA 425-290-8832 5. Matcor,Inc., Chalfont, PA 800-215-4362 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping -Section 13 47 13.13-2 6. Mesa Products, Huntington Beach, CA 714-963-6202 7. Norton Corrosion, Woodinville, WA 425-483-1616 2.03 GALVANIC ANODES A. Composition: Galvanic anodes shall be composed of high-potential magnesium alloy and have the following properties in accordance with ASTM B843 standard for MIC high- potential anodes: Table 2.1 High-Potential Magnesium Alloy Anode Composllien Aluminum 0.01% maximum Manganese 0.50%to 1.30% Zinc 0 Silicon 0 Copper 0.02% maximum Nickel .001% maximum Iron 0.03% maximum Magnesium Remainder Total Others 0.05% each or 0.30% maximum, total B. Size: Galvanic anodes shall meet the following size requirements: Table 2.2 High-Potential Magnesium Alloy Anode Dimensions 9 LB Anode 32 LB Anode Bare Length 19 inches 13 inches minimum minimum Bare Weight 9 pounds minimum 32 pounds minimum Packaged Weight 25 pounds minimum 65 pounds minimum C. Backfill: Backfill shall have a grain size such that 100 percent is capable of passing through a #20 mesh screen and at least 50 percent will be retained by a #100 mesh screen. The backfill mixture shall be thoroughly mixed and firmly packaged around the galvanic anode within a cloth bag or cardboard tube by means of adequate vibration. The complete packaged galvanic anode shall weigh a minimum of 2.5 times the bare anode weight. The quantity of backfill shall be sufficient to cover all surfaces of the anode to a depth of at least 1 inch. The backfill composition shall meet the following requirements: Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping-Section 13 47 13.13-3 Table 2,3 High-Potential Magnesium Alloy Anode Backfill Composition Ground Hydrated Gypsum 75 percent Powdered Wyoming Bentonite 20 percent Anhydrous Sodium Sulfate 5 percent Provide galvanic anode packaged in a plastic or heavy paper bag of sufficient thickness to protect the electrode, backfill, and cloth bag during normal shipping and handling. D. Anode Wire: Anode wires shall be #12 AWG (minimum) single-conductor, stranded copper wire (solid copper wire also allowed for size#10 AWG and smaller), rated for use up to 600 volts, with a HMWPE insulation. Supply a copper sleeve for all thermite welds. Wire length shall be a minimum of 15 feet long continuous. Wire to anode connection shall be manufacturer's standard, but connection shall be stronger than the wire itself. E. Compliance Statement: Furnish an independent laboratory analysis guaranteeing that all anodes supplied meet all the requirements of this Specification. 2.04 JOINT BOND WIRES A. General: Joint bond wires shall be single-conductor, stranded copper wire (solid copper wire also allowed for size #10 AWG and smaller), rated for use up to 600 volts, with a HMWPE insulation. Supply all joint bonds complete with a formed copper sleeve on each end of the wire. B. Push-on, Mechanical, or Flanged Joints: Provide 18-inch long #2 AWG wire. Also provide 12-inch long #12 AWG wire pigtails for follower glands, as manufactured by Erico Products Inc. (Cadweld), or equal. 2.05 CONDUIT AND FITTINGS FOR TEST STATIONS A. Conduit and fittings shall be 1.5-inch diameter, schedule 80, PVC designed for underground electrical applications, meeting ANSI/UL 651 requirements. Conduit and fittings shall be joined together via solvent welds. 2.06 CATHODIC PROTECTION TEST STATIONS A. Test Box: Test boxes shall be an Olympic Foundry VB910 valve box and cover with "CP TEST" cast in the top surface, or approved equal. B. Terminal Block: The test station terminal block shall be plastic or glass-reinforced laminate, 1/4-inch thick (minimum), with minimum dimensions of 6-inches by 8-inches. Provide terminal block with a minimum of 7 type 304 or 316 stainless steel studs, washers, and lock washers. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping -Section 13 47 13.13-4 C. Wires: Test station wires shall be of the size and color noted on the Drawings, single- conductor, stranded copper wire (solid copper wire allowed for size #10 AWG and smaller), rated for use up to 600 volts, with a HMWPE insulation. When bonding wire directly to pipe, fitting, or valve, provide a formed copper sleeve on the end of the wire. D. Permanent Reference Electrodes: Permanent reference electrodes shall be composed of copper-copper sulfate suitable for direct bury with a minimum accuracy of±5 millivolts and a minimum design life of 20 years. The reference electrode shall be composed of a 99.99 percent pure copper element inside a tube containing a supersaturated solution of copper sulfate with a minimum bare weight of 3 pounds .Acceptable electrodes are M.C. Miller model AccuRef 20, Stelth 7 model SRE-22-CIY, EDI model UL, or approved equal. The reference electrode shall be centered inside a water permeable fabric sack containing the following backfill material: Table 2.4 Permanent Reference Electrode Backfill Composition Ground Hydrated Gypsum 75 percent Powdered Wyoming Bentonite 20 percent Anhydrous Sodium Sulfate 5 percent Reference electrode lead wires shall be #12 AWG (minimum) single-conductor, stranded copper wire (solid copper wire also allowed for size #10 AWG and smaller), rated for use up to 600 volts, with a HMWPE insulation. Wire length shall be a minimum of 25 feet long continuous. Wire to electrode connection shall be crimped and soldered, or brazed to the copper element. E. Concrete: Refer to Section 03 30 00 for requirements of concrete used around test stations. 2.07 WIRE CONNECTIONS/ REPAIRS A. Exothermic Welds 1. General: Exothermic weld materials shall consist of wire sleeves, welders, and weld cartridges according to the weld manufacturer's recommendations for each wire size used on a particular pipe, fitting, or valve size/material. All welding materials and equipment shall be the product of a single manufacturer. Interchanging materials of different manufacturers will not be acceptable. 2. Adapter Sleeves: Provide copper adapter sleeves for all wires. Either prefabricated sleeves or sleeves formed in the field are acceptable. Field-formed joint bond sleeves shall be attached with the appropriate size and type of hammer die provided by the thermite weld manufacturer. The wire conductor shall extend 1/8-inch beyond the end of the sleeve. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping -Section 13 47 13.13-5 3. Weld Mold and Cartridge: Molds shall be composed of graphite. Ceramic "One-Shot" molds will not be allowed. Cast iron thermite weld cartridges shall be used for all cast and ductile iron pipe and fittings. Maximum cartridge size shall be 25 grams for steel and 32 grams for cast and ductile iron materials, respectively. Acceptable Suppliers include Erico Products Inc. (Cadweld), Continental Industries, Inc. (Thermo-weld), or approved equal. 4. Weld Caps: Weld caps shall be prefabricated from molded plastic and contain a suitable corrosion resistant compound. Weld caps shall be used in conjunction with a suitable primer. An acceptable combination would be the Handy Cap in conjunction with a 747 Primer, as manufactured by Royston Laboratories, Inc., or approved equal. B. Brazing Pin: When allowed, brazing pins shall be threaded, to which a wire may be connected using a wire lug with a nut and washer. C. Ground Clamps: Ground clamps shall be composed of cast bronze and supplied with silicon bonze hardware, and shall be UL 467 listed for direct burial. D. Wire Lug Connectors: Wire lug connectors, used primarily for test station connections and threaded brazing pin connections, shall be one-piece, tin-plated, crimp-on lug style as manufactured by Burndy Co., Thomas and Betts, or approved equal. E. Electrical Tape: Used primarily for repairing damaged wires, electrical tape shall be either linerless rubber high-voltage splicing tape or vinyl electrical tape suitable for direct bury applications, such as Scotch 130 C and Scotch 88 as manufactured by 3M Products, or approved equal. 2.08 DETECTABLE WARNING TAPE A. Detectable warning tape used for cathodic protection test station wires shall meet the requirements for detectable warning tape outlined in subsection 2.06 of Section 33 11 00 — Water Utility Distribution Piping. The words "CATHODIC PROTECTION" shall be written on the tape. PART 3 EXECUTION 3.01 GENERAL A. All materials and equipment associated with joint bonding, test stations, insulating joints, and galvanic anodes as shown in the Drawings and specified herein shall be furnished and installed by the Contractor. Any changes in design or method of installation of an item as specified shall be reviewed by the Owner. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping -Section 13 47 13.13-6 B. Materials and workmanship as specified in this section shall be installed concurrently with pipe installation. Whenever the requirements of the Contract Documents exceed those of the codes or manufacturer's instructions, the requirements of the Contract Documents shall prevail. Where a larger size or better grade of material or a higher standard of workmanship is required, the most stringent requirement shall apply. Provide catalog cut sheets and other manufacturer supplied information for all materials in order to show compliance of the proposed materials with these specifications. The Contractor shall also provide submittals for the required test equipment. C. Equipment or materials damaged in shipment or in the course of installation shall be replaced at no expense to the Owner. D. Nothing in the Drawings or Specifications is to be construed to permit work not conforming to these regulations and codes. The Contractor shall be responsible for obtaining any required permits and inspections. E. All materials and equipment to be used in construction shall be stored in such a manner as to be protected from detrimental effects from the elements. 3.02 GALVANIC ANODE INSTALLATION A. Store anodes in a dry area until ready to install. Do not handle or lower the anode by the lead wire. B. Install galvanic anodes 2 feet away (below the springline of the pipe) from metallic valves and fittings larger than 2-inch in diameter. C. Install galvanic anodes 1 foot directly below copper piping for water services, combination air release valves, and sample stations using brass grounding clamps to connect lead wire to piping. For horizontal placement, center anodes roughly halfway between water main and assembly. D. Provide a minimum anode spacing of 2 feet from other unprotected pipelines. E. When connecting anodes directly to iron pipe, fittings, or valves, the wire shall be thermite welded and include a copper adapter sleeve and thermite weld cap. When connecting galvanic anodes to copper piping, use of a brass grounding clamp is required. When connecting to stainless steel tapping sleeves, connect wire to sleeve bolt using a crimp on lug. F. Galvanic anodes packaged in cardboard type chip-tube shall be thoroughly perforated prior to installation. Five gallons of water shall be poured over and around all anodes prior to backfilling. G. Backfill around each anode shall be thoroughly compacted to an elevation 1 foot above the anode. Backfill material around each anode shall be native soil, free of roots, organic matter, trash, and rocks. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping -Section 13 47 13.13-7 H. All anode wires shall be buried a minimum of 36 inches below finish grade. Wire runs to test stations shall be installed in PVC conduit with detectible warning tape per the Drawings. Wires shall be handled with care. Splices or damage to the insulation on any wire shall be repaired in accordance with this specification section. 3.03 INSULATED JOINTS A. Insulated joints shall be installed to electrically isolate private water service piping from the cathodically protected Owner water service assembly. Carefully align and install insulating joints according to the manufacturer's recommendations to avoid damaging insulating materials. Test for electrical isolation prior to backfilling. 3.04 PIPE JOINT BONDING A. To form an electrically continuous pipeline and associated appurtenances, all joints including restrained joints on iron pipe shall be electrically bonded, except joints specified to be threaded, welded, or insulated. B. Electrical connection of all wires to metallic pipe, valves, and fittings shall be by the thermite weld process, except for connections to copper pipe, which will be made through the use of a bronze ground clamp. Bronze wedges are not an acceptable method of achieving electrical continuity. Brazing may be allowed with Engineer approval for those parts that are difficult to thermite weld. Brazing a pipe, fitting, or valve will only be allowed with the use of a threaded brazing pin, to which a wire may be connected using a wire lug with a nut and washer. Brazing wires directly to pipes, fittings, or valves will not be allowed. C. Each bonded joint shall be tested as specified under subsection 3.10. 3.05 TEST STATION INSTALLATION A. The general locations of the test stations are shown on the Drawings. The Contractor shall determine final locations of the test stations based on actual site conditions, as approved by the Owner. B. Test wires shall be attached to the pipe as specified under subsection 3.06. C. When placing test station conduit below existing curb/sidewalk, utilize trenchless methods to the greatest extent possible to avoid damage to existing concrete. Any unnecessary damage to existing curb/sidewalk will be repaired at the Contractor's expense. D. Wire connections to test station terminals shall be with crimp-on spade lug terminals, except where solid wire is used or terminal strips with tubular clamps are used. Wire connections to pipes, valves, and fittings shall be attached as specified under subsection 3.06. E. Permanent reference electrodes shall be installed at all test stations. Locate reference electrodes approximately 6 inches from the side of the protected structure. F. Place continuous detectable warning tape directly over test lead wires, 12 inches to 18 inches below finished surface. 3.06 WIRE CONNECTIONS Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping-Section 13 47 13.13-8 A. Exothermic Welds 1. The electrical connection of copper wire to steel, ductile, and cast iron surfaces shall be by the exothermic weld method. Observe proper safety precautions, welding procedures, thermite weld material selection, and surface preparation as recommended by the welder manufacturer. Assure that the pipe or fitting wall thickness is of sufficient thickness that the thermite weld process will not damage the integrity of the pipe or fitting wall or protective lining. 2. Before the connection is made, the surface shall be cleaned to bare metal by making a 2-inch by 2-inch window in the coating, and then filing or grinding the surface to produce a bright metal finish. All grinding shall be with a vitrified type grinding wheel; the use of a resin, rubber, or shellac impregnated type grinding wheels will not be acceptable. The prepared metal surface shall be dry and free of debris. 3. Copper wire sleeves shall be installed on the ends of all wires before welding to the metal surface. 4. The electrical connection of copper wire to steel, ductile iron, and cast iron surfaces shall be by the thermite weld method. Note that all thermite welds require installation of a copper adapter sleeve on the wire to be welded. Observe proper safety precautions, welding procedures, thermite weld material selection, and surface preparation as recommended by the welder manufacturer. Ensure that the pipe, valve, or fitting wall thickness is sufficient enough that the thermite weld process will not damage the integrity of the wall or the protective lining. All damage to the pipe lining shall be repaired in accordance with the lining applicator's recommendations. 5. Install a prefabricated thermite weld cap over each completed connection. Coat wire connection with an exothermic weld cap or coating patch. 6. After the weld connection has cooled, remove slag, visually inspect, and physically test wire connection by tapping the weld with a hammer while pulling on the wire at a 45° angle; remove and replace any defective connections. B. Bronze Ground Clamp: The electrical connection of copper wire to copper pipe shall be through the use of a bronze ground clamp. Clean the area where the clamp will be installed using a fine sandpaper. Make sure the pipe is clean and free of debris and tighten the clamp snuggly to the pipe without damaging the pipe. After connecting the lead wire to the clamp, test the connection by tugging the wire to make sure it does not move and cannot be pulled out. Coat with wax tape in accordance to the manufacturer's recommendation. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping -Section 13 47 13.13-9 3.07 WIRE INSULATION REPAIR. A. Wires shall be handled with care. Splices for damage to the wire insulation shall be required by spirally wrapping (50 percent overlay, minimum) with two coats of high-voltage rubber splicing tape and two layers of vinyl electrical tape. Wire splices shall be made with suitable sized compression connectors or split bolt connectors, or mechanically secured and soldered with rosin cored 50/50 solder. The Engineer shall approve all splices. 3.08 TEST EQUIPMENT A. Before construction begins, the Contractor shall obtain the following test equipment necessary for electrical continuity, isolation joint, and potential measurement testing: • Below Ground Insulator Tester: Tinker& Rasor model CE-IT • Digital Low Resistance Ohmmeter: Megger model DLROIOHD. Included shall be one set of duplex helical hand spikes with spring points (Megger catalog no. 242011- [cable length]) and one calibration shunt rated at 0.001 ohms and 100 amperes (Megger catalog no. 249004. • Digital Multimeter: Fluke model 83V or 87V • Reference Electrode: Tinker and Rasor model 6B copper-copper sulfate reference electrodes. Contractor shall also provide and keep on site 1 quart of copper sulfate anti-freeze solution, and 1/2 pound of copper sulfate crystals. The mention of a particular manufacturer, model, or catalog number is for the purpose of establishing only the standard of quality and general configuration desired. Products of other manufacturers will be considered by the Engineer unless stated otherwise. B. The test equipment shall be stored at the project site for the Contractor's use and shall be maintained in accurate, working condition at all times. The test equipment shall be available to the Engineer for testing purposes. 3.09 INSULATING JOINT TESTING A. The Contractor shall test and record each insulated water service joint after assembly with the below ground insulator tester described in subsection 3.08 in accordance with the manufacturer's written instructions. The Engineer shall monitor the tests. The Contractor shall replace all damaged or defective insulation parts. B. Records shall be kept for all insulating joint test results and submitted to the District Engineer. These records shall include: • Name of tester/date of test • Make/ model of the test equipment • General description and location of the insulated joint tested • Joint type and size • Test results (pass/fail) • Misc. notes including any failed tests/additional work required Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping -Section 13 47 13.13- 10 3.10 ELECTRICAL CONTINUITY TESTING A. Furnish all necessary equipment and materials and make electrical connections to the pipe as required to test continuity of bonded joints. B. Conduct a continuity test on buried joints that are required to be bonded. Test the electrical continuity of joint bonds after the bonds are installed but before backfilling of the pipe. C. Have a Cathodic Protection Specialist monitor the test of each bonded joint. D. The Contractor shall test electrical continuity of completed joint bonds using either a digital low resistance ohmmeter or by the calculated resistance method at the Contractor's option. The test procedures for the two methods are as follows: 1. Digital Low Resistance Ohmmeter Test Method: Measure resistance of joint bonds with the low resistance ohmmeter meeting the requirements of subsection 3.08 in accordance with the manufacturer's written instructions. Prior to testing, clean contact areas on pipe or appurtenance adjacent to thermite welds to bright metal by filing or grinding. The test surface should be free of scale, graphitization, or oxidation. Use helical hand spikes to contact the pipe or appurtenance on each side of the joint, without touching the thermite weld or the bond. Record the measured joint bond resistance on the test form described herein. Compare test results to Table 3.1. 2. Calculated Resistance Test Method: i. In addition to the digital multimeter described in subsection 3.08, the following equipment and materials will need to be provided to perform the test associated with the calculated resistance method: (i) One DC ammeter (meter or clamp-on) with full scale reading of 100 amperes and a minimum resolution of 1 ampere or a 100-ampere shunt with a voltmeter as specified herein. (ii) One knife switch, safety switch, or time controlled relay suitable for test current. (iii) Insulated wire suitable for carrying the test current, length as required. (iv) One do power supply with a steady capacity of 50 amperes minimum; storage batteries are not an acceptable power supply. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping-Section 13 47 13.13- 11 ii. Test Procedure: Either tightly clamp or thermite weld current wire connections to the pipe. Determine wire size for the test current, and do not exceed 1,000 feet in length. Prior to testing, clean contact areas on pipe or appurtenance adjacent to thermite welds to bright metal by filing or grinding. The test surface should be free of scale, graphitization, or oxidation. Apply a minimum direct current of 50 amperes. Using a digital multimeter with helical hand spikes, contact the pipe or appurtenance on each side of the joint, without touching the thermite weld or the bond, and measure the voltage drop across each joint. Simultaneously, measure the current applied to the test span. Record the measured voltage drop and current for each joint of the test form described herein and calculate the bond resistance in accordance with the following formula: R=E Where: R = Resistance of the joint bond. E = Measured voltage drop across the joint, in volts. I = Test current applied to the pipe test span, in amperes. E. Joint Bond Acceptance: 1. Joint bond resistance shall be less than or equal to the maximum allowable bond resistance values shown in the table below. Table 31 Maximum Allowable Joint Bond Resistance Max. Bond Wire Max.Allowable Joint Type Length (in) Resistance(S2) Push-On o� 18 0.000338 Mechanical Flexible 24 0.000439 Coupling 1. When bonding fittings/valves together separated by PVC pipe, max wire length shall be 10 feet and the maximum allowable resistance shall be .002025 0. 2. Replace joint bonds that exceed the allowable resistance. Retest replacement joint bonds for compliance with bond resistance. 3. The Contractor shall install an additional joint bond at each joint that exceeds the allowable resistance. The joint shall be retested for compliance with the specified bond resistance. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping-Section 13 47 13.13- 12 4. Any defective joint bond discovered during energizing and testing shall be located, uncovered, and repaired by the Contractor, at its sole expense. F. Test Records: Records shall be kept for all joint bond test results and submitted to the District Engineer. These records shall include: • Name of tester/date of test • Make/model of the test equipment used • General description and location of the pipeline tested • Stationing of each bonded joint • Joint type and size • Test current and voltage drop across each joint and calculated bond resistance (Calculated Resistance Method only). • Measured joint bond resistance (Digital Low Resistance Ohmmeter method only). • Misc. notes including any failed tests/additional work required 3.11 TEST STATION VERIFICATION A. After the installation of the cathodic protection system is complete, the Contractor shall test every cathodic protection test station in the project area to ensure proper installation. The Contractor, at its sole expense, shall correct any construction defects located during energizing and testing. Notify the Engineer a minimum of 3 working days prior to testing. B. Upon completion of such tests, the person(s) who conducted the tests shall tabulate the data recorded and submit it to the Engineer prior to the Inspector's final testing. Any construction defects located during energizing and testing shall be corrected at the Contractor's sole expense. The data record shall include: • Name of tester/date of test • Make & model of the test equipment used • General description and location of the test station • Pipe-to-soil potential (PSP) measurements of each test lead, including the anode lead before the anode is connected to the pipe using both a portable and permanent (if one was installed) electrode • Shunt resistance • PSP measurements of each lead after connecting the anode to the pipe through the shunt (using both electrodes) • Anode output measured through the shunt • Is the pipe cathodically protected in accordance to NACE SP0169 standard? • Is the isolation joint working properly, if located at that test station (isolation joint test stations only) • Does the test station have the proper color code? • Type and model of the meter and electrode used Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping-Section 13 47 13.13 13 • • Misc. notes including any failed tests/additional work required END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Cathodic Protection for Underground and Submerged Piping-Section 13 47 13.13- 14 Tualatin Valley Water District Lincoln Center Water Main Replacement Project December 2015 Cathodic Protection for Underground and Submerged Piping—Section 134713.13-15 SECTION 31 10 00 SITE CLEARING PART 1 GENERAL 1.01 DESCRIPTION. This section includes provisions for clearing, grubbing, demolition and disposal of all objectionable material and related work necessary to prepare the site for construction operations. The cost of work specified in this section shall be considered incidental to the costs of the bid items where site preparation is required. 1.02 COORDINATION. The Contractor shall coordinate its operations with affected property owners and utilities likely to be impacted by construction. No additional costs are allowed for delays resulting from a lack of such coordination by the Contractor. 1.03 PROPERTY PROTECTION A. All structures, utilities, and properties, whether inside or outside the project limits, shall be protected from damage or interruption by the Contractor's activities. Responsibility for safety and protection of buildings near or in the project limits are the Contractor's. The Contractor shall repair or replace damaged structures, utilities, and/or properties to the satisfaction of the property owner at Contractor's expense. B. The location of underground utilities; power, telephone, fiber optic, cable, gas, etc., shown on the Drawings are approximate. The actual locations may vary from those shown. The Contractor is responsible for verifying all utility locations. No extra costs are allowed for delays resulting from utility conflicts for which the Contractor is responsible. PART 2 PRODUCTS - NOT APPLICABLE TO THIS SECTION. PART 3 EXECUTION 3.01 GENERAL. Unless otherwise noted on the Drawings, the limits of clearing shall be determined by the Contractor and approved by the Owner prior to beginning the work. Clearing shall be confined to the immediate vicinity of the construction, insofar as practicable, and shall not extend beyond the right-of-way, property, or easement lines shown on the Drawings without the express written approval of the affected landowners. Any demolition, removal, or clearing beyond the limits of construction, and not approved in writing by the Owner or Owner's representative shall not be paid. 3.02 CLEARING AND GRUBBING A. Portions of the project site where excavation is to be made or embankment is to be placed shall be cleared of all objectionable material such as brush, stumps and roots, grass and other vegetation, decayed vegetable matter, topsoil, rubbish, pavement, and other materials that may interfere with the proper execution of the work. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Site Clearing -Section 31 10 00- 1 B. All clearing, grubbing, and stripping shall be performed in advance of excavation operations. All weeds, roots, trash, debris and similar objectionable materials shall be removed from excavation areas. All rocks, trash, and debris shall be hauled away. 3.03 SIDEWALK, DRIVEWAY AND PAVEMENT REMOVAL. Remove sidewalk, driveway and pavement as noted on the Drawings and where directed by the Owner. Sidewalk, driveway, and pavement to be removed shall be cut in neat, straight lines with vertical edges along the limits of removal. The proposed saw-cut lines shall be favorably reviewed by the Owner in the field before cutting. The existing road surface shall be cut in a neat line prior to pavement replacement by saw- cutting. Removal of the existing road surfacing for trenching and cutting of the edges prior to repaving shall be considered incidental to other bid items. All asphalt rubble shall be recycled at an approved facility. 3.04 CURB REMOVAL. Demolish and remove curbs as directed by the Owner or as shown on the Drawings. Make a vertical saw cut at joints between any existing curb that is to remain and the portion that is to be removed. Remove pavement adjacent to the curb as noted on the Plans. 3.05 STRIPPING TOPSOIL. The upper six (6) inches of topsoil shall be removed from areas to be excavated or filled. Topsoil not disposed of by the Contractor shall be selectively stockpiled for use in restoring the area as required. The Contractor shall bear the cost of disposal of all topsoil not used for restorations. 3.06 DISPOSAL OF CLEARED, DEMOLISHED AND STRIPPED MATERIAL. Cleared material shall be disposed of by the Contractor in an approved waste disposal site in accordance with all federal, state, and local regulations. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Site Clearing -Section 31 10 00-2 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 DESCRIPTION A. This section describes materials and methods to be used to perform all trenching, shoring, foundation preparation, backfilling and compaction required in construction of water lines and related cathodic protection conduits and anodes. B. Related Work Specified Elsewhere 1. Section 31 10 00- Site Clearing 1.02 QUALITY ASSURANCE A. Soil Testing. The Engineer will determine moisture content and in-place density of soils by any one or combination of the following test methods: AASHTO T-99, ASTM D1556, ASTM D2216, ASTM D3017, or other methods selected by the Engineer. The frequency and time of testing shall be at the Engineer's sole discretion. The Engineer may test any lift or lifts of fill. The Contractor shall cooperate with testing efforts by leveling small test areas designated by the Engineer and shall backfill and compact test areas after testing, all at the Contractor's sole expense. B. Contractor's Responsibility for Testing. It shall be the Contractor's responsibility to complete compaction testing as required to ensure that compaction is conforming to the requirements of these Specifications and Section 01 45 00. C. Frequency of Testing. The compaction testing shall utilize a Proctor prepared using a sample of rock selected from the material being used for trench backfill. Contractor shall complete, at a minimum, compaction testing at the frequency as specified in Section 01 45 00 of these specifications. Any trench backfill showing visible failure, or not meeting density specified shall be rejected. D. Random Testing By Engineer. Where random testing by the Engineer indicates that backfill has been placed below compaction limits specified, the Contractor shall take whatever measures are necessary to bring the materials up to the requirements of the specifications. Such measures may include removal of placed materials and replacement to specified levels of compaction. Where random testing by the Engineer indicates that bedding or backfill has been placed below compaction limits specified, the Owner will complete additional testing following the Contractor taking corrective action to bring the material up to the requirements of the specifications, and the Owner will deduct the cost of this additional testing from payment due the Contractor. 1.03 SUBMITTALS A. Submit as specified in Section 01 33 00—Submittal Procedures. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill-Section 31 23 00-1 B. Soil Tests. Except for excavated native material, one gradation analysis and one moisture density relation test shall be performed on each different type of material used for bedding and backfill and foundation material. For excavated native material, four gradation analysis and four moisture density relation tests shall be performed on representative samples taken from areas as directed by the Engineer. An electronic copy or Two (2) copies of each gradation analysis result and each moisture density relational curve shall be submitted to the Engineer. Each submittal shall include a certification of compliance with referenced standards. C. Excavation Support System Certification. Submit certification that all excavation support system design work has been performed under the direction of a professional engineer licensed by the State of Oregon. D. Utility Support and/or Temporary Relocation Plan. Prior to excavating in the vicinity of any utilities, submit to the Engineer for approval a plan showing all proposed bracing and support systems for existing utilities, as well as any details regarding temporary utility relocations. 1.04 REGULATORY REQUIREMENTS A. Safety. The Contractor's attention is directed to the Oregon Safe Employment Act, Division 3, Construction, Subdivision P - Excavations. These regulations relate to all excavation and contain specific requirements "to provide for the protection of all employees during all excavation work in connection with all construction work relating thereto, such as trenches, underpinning, shoring and bracing, and in connection with the construction of footings, foundations, retaining walls and other construction work below ground level." 1. The Contractor shall be exclusively responsible for providing the services of the competent person and registered professional engineer, as referenced in §1926.650, relating to excavation, trenching, and shoring. Representatives of the Owner and the Engineer shall not be required to perform the roles of competent person or registered professional engineer as defined in §1926.652. B. Archeological and Historical Preservation. It shall be the responsibility of the Contractor to comply with state law regarding archaeological and historical preservation. It shall be the responsibility of the Contractor to notify the Engineer if any artifacts, skeletal remains or other archaeological resources are unearthed during excavation or otherwise discovered on the construction site. If directed by the Engineer, the Contractor shall immediately suspend any construction activity which, in the opinion of the Engineer, would be in violation of applicable state law. 1.05 DEFINITIONS A. Subgrade. The existing soil after completion of required excavation, prior to placement of fill, or construction of structures or pavement. B. Degree of Compaction. Degree of compaction shall be expressed as a percentage of the maximum density obtained by the test procedure presented in AASHTO T-99. C. Embankment. The fill material required to raise the existing grade. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill -Section 31 23 00-2 D. Rocks and Boulders. Rock shall consist of material, which by actual demonstration, cannot be reasonably excavated with suitable power excavation equipment. The Engineer may waive the required demonstration if the material is well defined rock. Rock is defined by method of removal and not geological formation. Boulders shall consist of floater rock fragments. Materials excavated under rock excavation shall not be considered boulders. E. Rock Excavation. Rock excavation is defined as sound and solid masses, layer or ledges of mineral matter in place and of such hardness and texture that, when encountered, cannot be loosened by three passes of a track-mounted hydraulic excavator from a 72,500-pound class equipped with a single shank ripper for excavating trenches, or two passes of a mass excavator, which is a Caterpillar D-8 dozer with single tooth ripper or equivalent equipment. Removal of rock shall be by systematic and continuous drilling and blasting or by specialized rock excavating equipment which shall include, but not be limited to, a Vermeer T-955 trenching machine. Hardpan, hard clay, glacial till, sandstone, siltstone, shale, or other sedimentary rock will not be classified as rock excavation. Contractor shall notify the Engineer a minimum of seventy-two (72) hours prior to blasting. Blasting shall be conducted in accordance with Section 00335 of the APWA/ODOT Standard Specifications. F. Boulder Excavation. Boulder excavation is defined as the removal of rock fragments, in whole, or in part of the trench limits, with any dimension after removal greater than 3 feet measured in a straight line. G. Unstable Material. Unstable material shall consist of materials unable to properly support the utility pipe, conduit, or appurtenance structure. H. Over-Excavation and Backfill. Over-excavation and backfill shall be defined as the removal of unstable material or material to a depth greater than shown as directed by the Engineer, and placement and compaction of backfill to fill the void. PART 2 PRODUCTS 2.01 BEDDING AND PIPE ZONE MATERIAL A. Provide approved aggregate material free of wood waste or other organic material. Crushed surfacing top course material shall meet the following gradation requirements: Sieve Size Percent Passing 3/4" 99— 100 1/2" 80— 100 No. 4 46—66 No. 40 8—24 No. 200 10 max Sand Equivalent 40 min Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill -Section 31 23 00-3 % Fracture 75 min 2.02 BACKFILL MATERIAL A. Backfill material shall be bedding and pipe zone material in areas under proposed foundations, pavements, sidewalk, or curb. In all areas outside of surface improvements, backfill material shall be structural fill. B. Native Backfill Material. Native backfill materials shall be select material from the trench excavations with all foreign material, debris, and rocks larger than 1-inch diameter removed. 2.03 FOUNDATION MATERIAL. Provide clean bank run sand and gravel, free from dirt, roots, topsoil and debris. Provide foundation material meeting the following requirements for gradation: Sieve Size Percent Passing 2-1/2" 98-100% 2" 92-100% 1-1/2" 72-87% 1-1/4" 58-75% 3/4" 27-47% 3/8" 3-14% #4 0-1% 2.04 STRUCTURAL FILL A. Provide approved aggregate material free of wood waste or other organic material. Structural fill material shall meet the following gradation requirements: Sieve Size Percent Passing 2-1/2" 99— 100 2" 65— 100 1" 50-85 No. 4 26—44 No. 40 16 max No. 200 9 max Dust Ratio 2:3 max Sand Equivalent 40 min PART 3 EXECUTION 3.01 SAFETY Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill-Section 31 23 00-4 A. The Contractor shall provide such safeguards and protection around and in the vicinity of excavations it makes as may be necessary to prevent and avoid the occurrence of damage, loss, injury, and death because of such excavations. Liability for such damage, loss, injury, and death shall rest with the Contractor and shall cease when all work to be done under the Contract is completed and accepted by the Owner. B. The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours. C. The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's safety measures in, on, or near the construction site. 3.02 SHORING AND MOVABLE SHIELDS A. Safety. Use in accordance with federal, state, and local safety requirements. 1. The contractor shall install and maintain an adequate trench safety system where the trench excavation exceeds a depth of four (4) feet. The system shall meet the requirements of the Oregon Safe Employment Act, Division 3, Construction, Subdivision P - Excavations. The contractor shall not excavate over four (4) feet in depth without using adequate safety measures. 2. The costs of trench safety systems shall be considered as incidental to construction of any water main pipe. B. Cribbing and Sheeting 1. Provide cribbing and sheeting needed to protect the work, adjacent property and improvements, utilities, pavement, and to provide safe working conditions in the trench. 2. Remove cribbing and sheeting from the trench in such a manner as to prevent any damage to the work or to adjacent property and improvements. 3. No bracing will be allowed below the top of the pipe. C. Movable Shields 1. For shield widths less than 48 inches, the inside shield width shall not be less than the OD of the pipe plus 12 inches, and the bedding material shall be installed to the top of the pipe or higher if so indicated on the Plans. 2. Place bedding material to the depth shown on the Plans over the full inside width of the movable trench shield or box used. 3. Movable trench shields or boxes may extend below the top of the pipe, if a suitable means of reconsolidating the bedding or side support material disturbed by moving the box can be demonstrated. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill-Section 31 23 00-5 D. Removing Shield from Trench. Shore excavations to protect adjacent utilities. 3.03 CONTROL OF SURFACE WATER AND GROUNDWATER A. General. Provide and maintain ample means and devices with which to promptly remove and dispose of all water entering the trench excavation during the time the trench is being prepared for the pipe laying, during the laying of the pipe, and until the backfill at the pipe zone has been completed. Control the rate and effect of dewatering to avoid settlement and subsidence. Drainage of trench water through the pipe under construction is prohibited. The pipe should be plugged so that no groundwater may enter at any time. B. Disposal. Removed water shall be filtered and discharged in compliance with local jurisdiction discharge requirements. The direct discharge of groundwater from excavations will not be allowed. Dispose of the water in an approved manner without damage to adjacent property. Contractor shall utilize pumps and treatment units as required. The Contractor shall be responsible for all necessary compliance testing. Disposal techniques shall comply with Section 00290.34 of the APWA/ODOT Standard Specifications. 3.04 EXISTING UTILITIES A. Intent of Plans. Existing utilities of record are shown on the Plans. These are shown for convenience only, and the Engineer assumes no responsibility for improper locations or failure to show utilities. Record drawings from utility agencies were generally not available for most service lines. B. Utilities on Private Property. A portion of the work occurs within private property. The Contractor will be responsible for locating and protecting existing utilities located within these areas. C. Contractor's Responsibility. The Contractor shall protect existing utilities and work around them during excavation and pipe laying operations. Any damages to utilities resulting from the Contractor's operation shall be reported to the appropriate utility. Such damage shall be repaired at the Contractor's expense. See Division 1 for additional requirements. 3.05 UNSUITABLE FOUNDATION. Where the subgrade is in a material unsuitable for foundation, remove such material as directed in writing by the Engineer and provide a stable foundation by placing and compacting foundation material in lifts with 6-inch loose thickness and compacted to 95% of its maximum relative density at optimum moisture content, as determined by AASHTO T-99. 3.06 TRENCH EXCAVATION A. Trenching Procedures. Cut open trenches to the lines and grades shown on the Drawings and as specified herein. 2. Prior to excavating, the sod and the topsoil shall be removed as specified in Section 31 11 00 — Site Clearing. Contractor shall take erosion control measures as described in the Contract Drawings. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill -Section 31 23 00-6 1. Pile material excavated from trenches adjacent to the trench or in an adjacent public right-of-way. At no time is stockpiling of excavated material allowed within the public travel ways. Maintain pile of excavated material so that the toe of the slope is at least 3 feet from the edge of the trench. Provide free access to all fire hydrants, water valves and meters, and leave clearance to enable the free flow of stormwater in all gutters, conduits and natural water-courses. All buried utilities shall be adequately supported and protected. 2. Excavated material not required for backfilling shall become the property of the Contractor and shall be promptly removed from the site. 3. The Contractor shall perform all excavation of every description and of whatever materials encountered to the depth indicated on the Plans. 4. Excavations for anodes shall be completed below the trench bottom at locations noted on the Plans. 5. Bell holes shall be excavated to the extent necessary to permit accurate work in making and inspecting the joints. The banks of the trenches shall be kept as nearly vertical as soil conditions will permit, and where required to control trench width or to protect adjacent structures, the trench shall be sheeted and braced. Trench widths shall be as noted in the Contract Plans. 6. Trench excavation shall not be more than 200 feet ahead of the pipe laying operation and all trenches shall be closed up at the end of the day. 7. The Contractor shall exercise sound engineering and construction practices in excavating the trench and maintaining it so that no damage will occur to any foundation, structure, pole line, pipe line, or other facility because of slough or slopes, or from any other cause. If, as a result of the excavation, there is disturbance of the ground which may endanger other property, the Contractor shall immediately take remedial action at no expense to the Owner. No act, representation, or instruction of the Engineer shall in any way relieve the Contractor from liability for damages or costs that result from trench excavation. B. Trench Widths. Trench walls below and above the top of the pipe shall be sloped, or made vertical, as recommended in the manufacturer's installation manual. The trench width below the top of the pipe shall not exceed that recommended in the installation manual. Where no manufacturer's installation manuals are available, trench walls shall be excavated to a stable angle of repose as required to properly complete the work. Trench widths shall be as noted in the Contract Drawings. 3.07 TRENCH FOUNDATIONS Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill -Section 31 23 00-7 A. General. Where the trench bottom is in a material unsuitable for foundation, remove such material as directed in writing by the Engineer and provide a stable foundation by placing and compacting foundation material in lifts with 6-inch loose thickness and compacted to 95% of its maximum relative density at optimum moisture content, as determined by AASHTO T-99. Unsuitable foundation material shall be disposed of at an approved site. B. Preparation. Where required by the Owner, prepare and place foundation material before installing bedding material and pipe. 3.08 PIPE BEDDING A. Bedding material shall be placed under the pipe and to a depth as shown on the Plans. The bedding material shall be rammed and tamped around the pipe by the use of hand-operated compaction tools, so as to provide firm and uniform support over the full length of all pipe, valves, and fittings and to compact the bedding to 95% of its maximum density at optimum moisture content. Care shall be taken to prevent any damage to the pipe or its protective coating. 3.09 TRENCH BACKFILLING A. General. Bedding material must be placed and compacted as shown on the Plans before starting backfill operations. Use only Imported Backfill Material under pavements or sidewalks. Imported Backfill Material shall be placed in maximum 8-inch lifts with each lift compacted to 95% maximum density. Dispose of excess material from the trench off-site in accordance with all applicable state and local regulations. B. Removing Debris from Trench. Prior to backfill, all form lumber and debris shall be removed from the trench. Sheeting used by the Contractor shall be removed just ahead of the backfilling. C. Preparing Backfill Material. Where materials excavated from the trench shall be used for backfill, organic material, frozen lumps, or rocks or pavement chunks more than six inches in maximum dimensions shall not be used; and material determined by the Engineer to be unsuitable for backfill at the time of excavation shall be removed and replaced with imported backfill material. D. Protection of Pipe. Take all necessary precautions to protect the pipe from any damage, movement or shifting. Backfill up to 12 inches over the top of the pipe shall be evenly and carefully placed. Materials capable of damaging the pipe or its coating shall be removed from the backfill material. E. Backfill in Pipe Zone. Backfill material in the pipe zone will be Pipe Zone Material. Pipe Zone Limits. The upper limits of pipe zone material for pipe shall be 12 inches unless shown otherwise. The upper limits of conduit, buried cable, and duct bank shall be 4 inches unless shown otherwise. When backfill is placed mechanically, push the backfill material to allow the material to roll down into the trench as to permit free fall of the material into the open trench until at least two feet of cover is provided over the pipe. Backfill in the pipe zone shall be placed in maximum 8 inch lifts and shall be compacted to a minimum 95% of its maximum density at optimum moisture content before placing next lift. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill-Section 31 23 00-8 F. Lifts. Place pipe zone backfill material in maximum 6-inch lifts, placing and compacting lifts to equal elevation on each side of the pipe or conduit. G. Compaction 1. Compact pipe zone and backfill material to a minimum of 95% maximum density at optimum moisture content. Compact material below pipe haunches with handheld tamping bars. Use a shovel to slice material under haunches to ensure voids are completely filled before placing additional lifts. 2. Select proper size and type of compaction equipment and method of utilization to attain the required compaction density. Contractor must demonstrate that his compaction equipment and method can achieve the specified compaction densities. 3. Remove and recompact material that does not meet specified requirements. 4. Contractor shall complete at a minimum compaction testing at the frequency as specified in these specifications. In addition, the Contractor shall tailor his operations to allow for unrestricted access for purposes of testing for compaction by the Owner. All costs in connection with excavating test pits, shoring, backfilling, and from standby time during field density test shall be considered as incidental to backfill and shall be included in unit prices bid for the various items involved. 5. Control of Moisture. The Contractor shall schedule his operations so that compaction to the specified densities can be achieved with the materials specified. In those areas where native backfill materials are specified, this may require scheduling trenching around inclement weather. 3.10 EMBANKMENT FILL, STRUCTURAL BACKFILL, AND COMPACTION A. Moisture Control. Insofar as practicable, maintain optimum moisture content required for compaction as determined by AASHTO T-99 throughout each lift of the fill. Add any required moisture to material which is not predominantly granular by nature, preferably at the site of excavation. Add moisture to granular backfill by sprinkling during compaction operation. Do not compact nongranular material if it is significantly above optimum moisture content. Aerate by such processes as scarifying, blading, or discing. B. Place fill and backfill material in horizontal lifts of uniform thickness and compact each lift to specified densities prior to proceeding with additional lifts. Place and spread material to avoid segregation. 1. Fill and backfill material shall be kept level around structures. 2. Where fill and backfill material of any specified class is being placed adjacent to other classes of material, control the placement of the various lifts to prevent more than 1 foot of vertical grade separation between lifts. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill -Section 31 23 00-9 3. Tolerances. Final lines and9 rades shall be within a tolerance of 0.15 foot of design lines and grades. C. Embankment and Structural Backfill Within Five Horizontal Feet of Sides of Structures or Vaults 1. Place backfill or embankment around concrete structures only after the concrete has attained 2/3 of its specified compressive strength. Remove all form materials and trash from the excavation before placing backfill. 2. Earth moving equipment shall not be operated within 5 feet of walls of concrete structures unless approved. Compact adjacent to concrete walls with pneumatic tampers or other approved equipment that will not damage the structure. D. Use foundation material under structures, vaults and similar facilities except as noted in other parts of these Specifications or as shown on the Plans. Minimum compacted depth of foundation material under all structures shall be 6 inches to subgrade. E. Place foundation material from undisturbed ground to the bottom of the structure. Deposit foundation material in lifts not exceeding 8 inches of compacted thickness. Depth of loose fill will depend on the ability of the Contractor's compaction equipment to meet the specified percent of compaction. Compact each lift to 95 percent of its maximum relative density at optimum moisture content, as determined by AASHTO T-99. The area covered by each lift, which must be compacted to this 95 percent compaction, shall not be less than the area of the structure or vault in plan plus 3 feet on either side. Jetting or puddling will not be permitted. Make adequate provision for thorough drainage of all backfill. 3.11 DITCHES, GUTTERS, AND CHANNEL CHANGES. Ditches, gutters, and channel changes shall be cut accurately to the cross sections and grades indicated. All roots, stumps, rock, and foreign matter in the sides and bottom of ditches, gutters, and channel changes shall be trimmed and dressed or removed to conform to the slope, grade, and shape of the section indicated. Care shall be taken not to excavate ditches and gutters below the grades indicated. Excessive ditch and gutter excavation shall be backfilled to grade either with satisfactory, thoroughly compacted material or with suitable stone or cobble to form an adequate gutter paving as directed. All ditches and gutters excavated under this section shall be maintained until final acceptance of the work. 3.12 FINISHED EXCAVATION, FILLS, AND EMBANKMENTS. All areas covered by the project, including excavated and filled sections and adjacent transition areas, shall be uniformly smooth- graded. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from blade-grader operations, except as otherwise specified. Ditches and gutters shall be finished to permit adequate drainage. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill -Section 31 23 00- 10 3.13 PROTECTION. During construction, fills, embankments, and excavations shall be kept shaped and drained. Newly graded areas shall be protected from traffic and erosion, and any settlement or washing away that may occur from any cause, prior to acceptance, shall be repaired and grades reestablished to required elevations and slopes. All work shall be conducted in accordance with environmental protection requirements of the Contract. Ditches and drains along subgrade shall be maintained in such a manner as to drain effectively at all times. The finished subgrade shall not be disturbed by traffic or other operation and shall be protected and maintained by the Contractor in a satisfactory condition until base course or pavement is placed. The storage or stockpiling of materials on the finished subgrade will not be permitted. No base course or pavement shall be laid until the subgrade has been checked and approved, and in no case shall base or pavement be placed on a muddy, spongy, or frozen subgrade. 3.14 DISPOSAL OF EXCESS EXCAVATION. All excess material shall be disposed of off the construction site in an approved upland disposal site away from any wetlands. The Contractor shall bear all costs or retain all profit as incidental to such disposal. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Excavation and Fill -Section 31 23 00- 11 SECTION 32 10 00 BASES, BALLASTS, AND PAVING PART 1 GENERAL 1.01 DESCRIPTION A. This Section describes the restoration of monuments, pavement, roadway shoulders, vegetation, and other surfaces which has been removed or damaged by the Contractor's operations. 1.02 MAINTENANCE OF ROADWAY PRIOR TO RESURFACING A. The Contractor is responsible for the temporary maintenance of the roadway surface prior to repaving. This responsibility includes the placement of hot mix asphalt concrete temporary patch at the end of each day. Temporary hot mix asphalt shall be placed to a minimum depth of 2 inches, and shall be of the same material as permanent asphalt concrete pavement restoration. B. Cold mix asphalt concrete may be approved for use in parking lots only with written permission by the Owner. C. The use of temporary cold mix and/or steel plates shall be only by approval from Washington County or City of Tigard. Any Contractor initiated restoration approvals with Washington County or City of Tigard shall be provided to the District prior to the commencement of the work. The Contractor shall conform to all requirements of the Washington County right-of-way permit and the City of Tigard right-of-way permit (included in the Appendices). It is the responsibility of the Contractor to limit surface disruptions to the maximum extent possible. 1.03 SEQUENCE OF PERMANENT PAVEMENT RESTORATION. Permanent asphalt concrete pavement restoration shall not commence until approval of the complete water system. 1.04 SUBMITTALS A. The Contractor shall complete all submittals in accordance with Section 01 33 00 — Submittal Procedures. B. Submit gradation information and moisture density compaction curve test results for each imported soil material. Submit certification of gradation and compliance with referenced standards for each source of material. C. Submit the Job Mix Formula for the proposed asphalt concrete mixture. PART 2 PRODUCTS 2.01 BASE COURSE (1-1/2"-0 MINUS) Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Bases, Ballasts, and Paving-Section 32 10 00- 1 A. Provide approved aggregate material free of wood waste or other organic material. Base course material shall meet the following gradation requirements: Sieve Size Percent Passing 1-1/4" 99— 100 1" 80— 100 5/8" 50—80 No. 4 25—45 No. 40 3— 18 No. 200 7.5 max Sand Equivalent 40 min % Fracture 75 min 2.02 LEVELING COURSE (3/4"-0 MINUS) A. Provide approved aggregate material free of wood waste or other organic material. Leveling course material shall meet the following gradation requirements: Sieve Size Percent Passing 3/4" 99— 100 1/2" 80— 100 No. 4 46—66 No. 40 8—24 No. 200 10 max Sand Equivalent 40 min % Fracture 75 min 2.03 ASPHALT TACK COAT A. Furnish emulsified asphalt meeting the requirements of ODOT's publication "Standard Specifications for Asphalt Materials". Copies of the publication are available from the ODOT Pavement Services Engineer (www.oregon.gov/odot). The applicable specifications are those contained in the current publication on the date the Project is advertised. Limit pumping between the bulk storage tank, hauling transportation, field storage tanks and distributor to an absolute minimum to maintain proper viscosity. Acceptance of emulsified asphalt will be at the point of application. B. Dilution of the tack coat material may be allowed to a maximum 1:1 ratio. Determine the proportion of water to be added to the emulsified asphalt. Do not dilute the emulsified asphalt until the Engineer approves the dilution ratio. Add the water to the emulsified asphalt and mix according to the asphalt supplier. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Bases, Ballasts, and Paving -Section 32 10 00-2 2.04 ASPHALT CONCRETE A. Asphalt concrete shall be Level 2, HMAC Class '/2' Dense, PG 64-22, as specified in Section 00745 of the APWA/ODOT Standard Specifications. The compaction requirement for Level 2 mix shall be 100 gyrations conforming to the APWA/ODOT 2008 Standard Specifications. 2.05 PAVEMENT MARKING A. Pavement markings damaged and to be replaced shall be composed of Methyl Methacrylate. 2.06 PERMANENT SEED MIX A. Use 60% bluegrass, 20% perennial rye, and 20% annual rye at the rate of 175 pounds pure live seed (PLS) per acre. PART 3 EXECUTION 3.01 GENERAL A. Completely restore all man-made improvements damaged by the Contractor's operations. Such improvements include, but are not limited to, fences, walls, rockeries, driveways, curbs, sidewalks and other paving or surfacing, bark mulch, and irrigation systems. B. All valve boxes, manhole frames, catch basin gratings and other utility appurtenances located within paved areas shall be set or raised to finish grade, unless otherwise noted. Utility appurtenances located in asphalt concrete pavement shall be raised to finish grade after the surfacing is completed. 3.02 BASE COURSES A. Provide base and leveling courses as shown on the Contract Drawings and specified herein. Construction shall meet the requirements of Section 00640 of the APWA/ODOT Standard Specifications. Aggregates shall be placed in lifts as shown on the Contract Drawings and compacted to 95% of maximum density. 3.03 ASPHALT CONCRETE PAVEMENT A. All work within City of Tigard right-of-way shall meet or exceed the specifications of the 2008 APWA/ODOT Standard Specifications. B. Prior to permanent asphalt concrete trench restoration, the Contractor shall coordinate with the City of Tigard inspector. The City inspector must approve the final tee-cuts prior to permanent trench restoration. C. Unless directed otherwise by the District, all new pavement shall have the same plan dimensions and grade as the pavement that existed prior to construction. Patches shall conform to adjacent existing pavement and provide a smooth, continuous surface. Standard pavement sections are shown on the Contract Drawings. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Bases, Ballasts, and Paving -Section 32 10 00-3 D. Place asphalt concrete pavement to the depths noted in the Contract Drawings. The compacted depth of any one lift shall not exceed 3 inches. E. Prepare surfaces for paving by leveling and compacting base and leveling course or applying tack coat. Apply tack coat uniformly to surfaces of existing pavement at a rate of 0.05 to 0.15 gallons/square yard. Allow tack coat to cure undisturbed before applying hot mixed asphalt paving. Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Remove spillages and clean affected surfaces. F. Placement of Hot Mix Asphalt 1. Machine place hot mixed asphalt on prepared surface, spread uniformly, and strike off. 2. Place asphalt mix by hand to areas inaccessible to equipment in a manner that prevents segregation of mix. 3. Place each course to required grade, cross-section, and thickness when compacted. 4. Place base course in number of lifts and thickness indicated. 5. Spread mix at minimum temperature of 250 degrees F. 6. Begin applying mix along centerline of crown for crowned sections and on high side of one-way slopes, unless otherwise indicated. 7. Regulate paver machine speed to obtain smooth, continuous surface free of pulls and tears in asphalt-paving mat. 8. Complete a section of asphalt base course before placing asphalt surface course. 9. Promptly correct surface irregularities in paving course behind paver. 10. Use suitable hand tools to remove excess material forming high spots. 11. Fill depressions with hot mixed asphalt to prevent segregation of mix; use suitable hand tools to smooth surface. G. Asphalt Pavement Compaction 1. General: i. Begin compaction as soon as placed hot mixed paving will bear roller weight without excessive displacement. ii. Compact hot mixed paving with hot hand tampers or vibratory-plate compactors in areas inaccessible to rollers. iii. Complete compaction before mix temperature cools to 185 degrees F. 2. Breakdown Rolling: Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Bases, Ballasts, and Paving -Section 32 10 00-4 i. Complete breakdown or initial rolling immediately after rolling joints and outside edge. ii. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. iii. Correct lay-down and rolling operations to comply with requirements. 3. Intermediate Rolling: i. Begin intermediate rolling immediately after breakdown rolling while hot mixed asphalt is still hot enough to achieve specified density. ii. Continue rolling until hot mixed asphalt course has been uniformly compacted to the following density: (i) Average Density: 96 percent of reference laboratory density according to AASHTO 245, but not less than 94 percent nor greater than 100 percent. (ii) Average Density: 92 percent of reference maximum theoretical density according to ASTM D 2041, but not less than 90 percent; not greater than 96 percent. 4. Edge Shaping. While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot, compact thoroughly. 5. Repairs. Remove paved areas that are defective or contaminated with foreign materials and replace with fresh, hot mixed asphalt. Compact by rolling to specified density and surface smoothness. 6. Protection. After final rolling, do not permit vehicular traffic on pavement until completion of acceptable density tests. H. Installation Tolerances. Compact to produce the thickness indicated within the tolerances of plus 1/4 inch, no minus; Compact to produce a surface smoothness within 1/8 inch as determined by using a 10-foot straight edge applied transversely or longitudinally to paved areas. I. After placing the new asphalt concrete, seal the meet line with emulsified asphalt (tack coat) and cover with clean, dry sand before the emulsified asphalt solidifies. J. Compaction requirements for all levels of mix and any lift shall be 92% of Moving Average Maximum Density (MAMD). 3.04 SHOULDER RESTORATION A. Restore all disturbed surfaces outside of the pavement limits to pre-existing conditions including seeding, gravel surfacing, and slope stabilization. B. Gravel surfacing shall be restored by placing 3/4" — 0" crushed surfacing base course as directed. A minimum of 2 inches of crushed material will be placed, or match existing thickness. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Bases, Ballasts, and Paving -Section 32 10 00-5 C. Field grass shall replace all disturbed seeded areas. The field grass mix shall be hydroseeded. D. Slopes shall be restored to the existing grades, or as shown on the Contract Drawings. Native material shall be placed at a density of no less than 85% of maximum density. 3.05 PUBLIC RIGHTS-OF-WAY A. Landscape restoration within public rights-of-way consists of the restoration of man-made improvements and the preparation of lawn and planting areas. Such improvements include, but are not limited to, fences, walls, rockeries, signs and mailboxes, driveways, sidewalks, and other paving or surfacing, bark mulch and sprinkler systems. B. Lawn and planting areas disrupted by the Contractor's operations shall be covered with six (6) inches of topsoil and sod, lawn seed, or plantings. Finish grade shall conform to the surrounding elevations. 3.06 MONUMENT RESTORATION. Monuments located within the public and private rights-of- way that are removed, disturbed or destroyed by the Contractor's operations shall be replaced at no cost to the District with a standard monument as shown on the Washington County Drawing #3010. 3.07 PAVEMENT MARKING REPLACEMENT. All pavement markings including but not limited to raised pavement markers, stop bars, crosswalks, pavement legends such as arrows and bicycle lane symbols, centerlines, and fog lines damaged or removed as a result of trench excavation and/or construction activity shall be replaced in-kind according to the Washington County standard details and Section 00850 of the APWA/ODOT Standard Specifications. It is the Contractor's responsibility to record locations of existing pavement markings in areas of potential conflict in order to replace in-kind in the correct location. Finished work must be acceptable to City of Tigard. 3.08 MAINTENANCE AND ACCEPTANCE. Maintain all restored landscape plantings and lawn areas, and replace dead or damaged plantings until the landscape is restored to the satisfaction of the property owner. The Contractor's responsibility for plants shall terminate upon acceptance of the restoration work so long as there has been complete compliance with the provisions specified in this section. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Bases, Ballasts, and Paving-Section 32 10 00-6 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Bases, Ballasts, and Paving-Section 32 10 00-7 SECTION 32 16 00 CURBS, GUTTERS, SIDEWALKS AND DRIVEWAYS PART 1 GENERAL 1.01 DESCRIPTION A. This section describes the requirements for construction of cement concrete curbs, sidewalks, and driveways. B. Related Work Specified Elsewhere 1. Cast-In-Place Concrete: Section 03 30 00 2. Base Courses: Section 32 11 00 1.02 SUBMITTALS A. Submit as specified in Section 01 33 00—Submittal Procedures. B. Submit product data for admixtures, curing compounds, and accessories as required by Section 03 30 00, Cast-In-Place Concrete. C. Placing Schedule. Submit a schedule of placing operations with dates and sequences of proposed concrete placement. Coordinate with Owner to allow necessary landfill operations and to take place without interruption, due to construction of concrete curbs and sidewalks. D. Delivery Tickets. At the time of cement concrete delivery, furnish to the Owner a delivery ticket with the name of the concrete firm, serial number of ticket, date, truck number, specific class of concrete, amount of concrete, time loaded, time unloaded, and water added. PART 2 PRODUCTS 2.01 GENERAL A. All materials necessary for the construction of cement concrete curbs, gutters, sidewalks, and driveways shall be as specified in the Contract Drawings and conforming to requirements of Section 03 30 00. B. All concrete sidewalk and curb damaged by Contractor's operations shall be removed and replaced. Concrete shall be cut cleanly at the nearest joint with a concrete saw. Joints shall be restored to match the existing joint, by either rescoring the joint, or installation of expansion joint material. Curb and gutter shall be formed and cast monolithically. C. Strength requirements. Commercial concrete for curb and gutter, sidewalk and driveways shall be a commercial mix with a minimum strength of 3,000 psi after 28 days (Washington County) or 4,000 psi after 28 days (City of Tigard). 2.02 ADMIXTURES. Admixtures shall conform to the following: Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Curbs, Gutters, Sidewalks, and Driveways-Section 32 16 00- 1 A. Accelerating Admixture: ASTM C 494, Type C or E; or calcium chloride conforming to ASTM D 98 B. Air-Entraining Admixture: ASTM C 260 C. Flowing Concrete Admixture: ASTM C 1017, Type 1 or 2 D. Water-Reducing or Retarding Admixture: ASTM C 494, Type A, B, D, F, or G 2.03 CEMENTITIOUS MATERIALS A. Cementitious materials shall each be of one type and from one source when used in concrete which will have surfaces exposed in the finished structure. Cementitious materials shall conform to one of the following: 1. Cement: ASTM C 150, Type II for all waterbearing structures and Type I for all other structures 2. Portland Blast-Furnace-Slag Cement: ASTM C 595, Type IS (MS) 3. Portland-Pozzolan Cement: ASTM C 595, Type IP (MS) 4. Pozzolan: ASTM C 618, Class F or C 5. Ground Iron Blast-Furnace Slag: ASTM C 989, Grade 120 2.04 AGGREGATES A. Normal Weight Aggregate shall meet the requirements of ASTM C 33. Grading requirement for coarse aggregate shall conform to size number 57. 2.05 WATER. Water shall be potable, except that nonpotable water may be used if it produces mortar cubes having 7- and 28-day strengths at least 90 percent of the strength of similar specimens made with water from a municipal supply. The strength comparison shall be made on mortars, identical except for mixing water, prepared and tested in accordance with ASTM C 109. Water for curing shall not contain any substance injurious to concrete, or which causes staining. 2.06 EXPANSION JOINT MATERIAL. Expansion joint material shall be 'h" pre-molded asphalt impregnated, non-extruding. PART 3 EXECUTION 3.01 GENERAL A. Formwork 1. Install forms per ACI Specifications. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Curbs, Gutters, Sidewalks, and Driveways-Section 32 16 00-2 2. Install forms to lines and grades shown on drawings. Forms to be straight and true with no jogs, kinks, or offsets. For curved shapes forms to form smooth true arcs with no jogs, kinks, or offsets. Adjust forms, add support stakes, and use flexible materials to achieve required results. 3. Forms to be reviewed a minimum 24 hours before pouring by the Inspector and the permitting agency. Contractor to reset or adjust forms as required to achieve true lines and grades. Resetting and adjustments of forms will be at Contractor's expense. 4. Stripping of forms shall not be performed until concrete has achieved design strength. B. Quality Control. The Contractor shall furnish concrete for and coordinate the casting of test specimens for testing by the Owner as specified in Section 03 30 00. 3.02 COMPACTED AGGREGATE BASE COURSE A. Base Course to be placed and compacted in accordance with Section 32 11 00. Cement concrete material for sidewalk and curb shall not be placed until compacted base course has been inspected and accepted by the Owner. 3.03 PORTLAND CEMENT CONCRETE CURBS A. General. Complete all work in accordance with Section 03 30 00 of these Specifications. Cement concrete shall be constructed to the depths and slopes as shown on the Contract Drawings. B. Expansion Joints. A full depth 3/8" expansion joint shall be constructed between curb and cement concrete steps, poles, meter boxes, vaults, curbs and gutter. A full depth expansion joint shall be located at driveway approaches, sidewalk wheelchair ramps, curb returns, and sidewalk intersections as shown on the Contract Drawings. A full depth 3/8" expansion joint shall be constructed at intervals not to exceed 48 feet along the centerline of all curbs. C. Contraction Joints. Place contraction joints in curbs, between expansion joints, at intervals not exceeding 12 feet. Contraction joints shall be of the open joint type and shall be provided by inserting a thin, oiled sheet vertically in the fresh concrete to force coarse aggregate away from the joint. The steel sheet shall be inserted 1/2 the depth of the curb. After the initial set has occurred in the concrete and prior to removing the front curb form, the steel sheet shall be removed with a sawing motion. Finish top of curb with a steel trowel and finish edges with a steel edging tool. 3.04 PORTLAND CEMENT CONCRETE ROUNDABOUT AND ENTRYWAY PANELS A. General. Complete all work in accordance with Section 03 20 00 and Section 03 30 00 of these Specifications. Reinforced cement concrete shall be constructed to the depths and slopes as shown on the Contract Drawings. All work shall be completed by a cement mason. B. Protect surrounding concrete panels during work from damage, concrete splatter, or other aesthetic disturbances. If surrounding panels incur damage, concrete splatter, or surface discoloration as a result of the Contractor's activities, the Owner may require the Contractor to replace adjacent panels at no cost to the Owner. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Curbs, Gutters, Sidewalks, and Driveways Section 32 16 00-3 C. Dowel new panels into surrounding panels and place steel reinforcement bars using the size and frequency of reinforcing steel as indicated in the Plans. D. Finished work shall match the color, scoring, and finished surface of the surrounding roundabout and entryway panels. 3.05 PORTLAND CEMENT CONCRETE SIDEWALKS AND DRIVEWAYS A. General. Complete all work in accordance with Section 03 30 00 of these Specifications. Cement concrete shall be constructed to the depths and slopes as shown on the Contract Drawings. B. Expansion Joints. A full depth 3/8" expansion joint shall be constructed between sidewalk and all retaining walls, meter boxes, vaults, and curbs and as shown on the Contract Drawings. A full depth 3/8" expansion joint shall be constructed at intervals not to exceed 72 feet along the centerline of all sidewalks. C. Contraction Joints in Sidewalks and Driveways. Contraction Joints are as indicated on the Contract Drawings. For transverse contraction joints of the weakened plane or dummy type in the exposed surfaces of cement concrete sidewalks and driveways at such locations as are required to confine the contraction joint spacing to a distance not to exceed twice the width of the walk nor more than 12 feet. Joints shall be spaced uniformly to correspond with the scoring pattern or as directed by the Engineer. The joints shall be formed to a depth of 1/3 of the thickness of concrete and to a width of about 1/8 inch. Joint edges shall be tooled. Where sidewalk or driveway is poured adjacent to curb, contraction joint in sidewalk shall align with contraction joint in curb. D. Install Tactile Warning Strips as shown on drawings and recommended by the manufacturer. 3.06 SURFACE FINISHING A. Exposed surfaces to be finished as follows: 1. Curbs: Light brush finish; no exposed rock pockets or voids. B. Flatwork: 1. Edges: All edges to be tooled (1/2 inch radius) to form radius edges. 2. Surface: All surfaces to be finished as showing on detail with a medium broom finish. Medium Broom finish: Consistent, even striation perpendicular across full surface; no lap marks; no cross, non-perpendicular marks. 3.07 CURING AND PROTECTION A. Curing and protection shall be in conformance with the ACI Specifications. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Curbs, Gutters, Sidewalks, and Driveways -Section 32 16 00-4 B. Concrete shall be cured by protecting it from loss of moisture, rapid temperature change, and mechanical injury for at least three (3) days after placement. After all free water has disappeared from the surface, a liquid membrane-forming compound or other approved curing material shall be uniformly sprayed on all exposed surfaces. Rate of application shall be in accordance with manufacturer's recommendations. C. When concrete is being placed in cold weather and the temperature may drop below 35 degrees, insulated curing blankets, or other suitable material shall be provided along the line of work to prevent freezing of concrete. Concrete injured by frost action shall be removed and replaced at the Contractor's expense. D. Take precautions to protect concrete from vandalism during curing. Replace all damaged or vandalized areas at no cost to the District. Replace concrete starting at control joints only. 3.08 CLEAN UP. Clean all excess concrete, other materials, and debris on a weekly basis and remove from the project site. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Curbs, Gutters, Sidewalks, and Driveways- Section 32 16 00-5 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Curbs, Gutters, Sidewalks, and Driveways-Section 32 16 00-6 SECTION 33 11 00 WATER UTILITY DISTRIBUTION PIPING PART 1 GENERAL 1.01 DESCRIPTION This section describes acceptable materials, installation procedures, pressure testing, and disinfection of PVC piping, ductile iron piping, and waterline appurtenances. A. Related Work 1. Section 13 47 13.13–Cathodic Protection for Underground and Submerged Piping 2. Section 31 23 00- Excavation and Fill 3. Section 33 12 16 -Water Utility Distribution Valves 4. Section 33 12 19-Water Utility Distribution Fire Hydrants 1.02 SUBMITTALS A. Submit product data sheets of all items specified herein in accordance with Section 01 33 00. B. Submittals shall include but not be limited to the following items: material dimensions, joint types, materials of construction, strength of materials, and specifications by which the pipe and joints are to be fabricated and installed. C. Submit a flushing and testing plan, including schedule and details, on proposed methods for pressure testing, disinfecting, and flushing the water line. D. Submit project record documents indicating size and type of pipe and fittings, grade lines, and location of utility connections, and location of valves in accordance with record drawing requirements described in Section 01 78 39– Project Record Documents. 1.03 SCHEDULING Pressure testing, disinfection and connections of the proposed water main to the existing water main shall be performed in accordance with a schedule prepared by the Contractor and approved by the Owner. A testing schedule, including proposed plans for water conveyance, control, disposal, and disinfection shall be submitted in writing for approval a minimum of two weeks before testing is to start. Contractor shall provide 72 hour notification to the Owner prior to conducting hydrostatic testing and disinfection. Contractor shall provide coordination and scheduling required for the Owner to witness and provide necessary labor for operating Owner's existing system during hydrostatic testing and disinfecting procedures. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-1 PART 2 PRODUCTS 2.01 PVC PIPE A. Polyvinyl Chloride Pipe. Provide unplasticized polyvinyl chloride (PVC) pipe with integral bell and spigot joints. Pipe shall have a maximum dimension ratio of 18 and shall meet the requirements of AVVWA C900. Pipe shall be internally-restrained joint PVC pipe suitable for potable water service (NSF 61 approved) and shall be JM Eagle, Eagle Loc 900, or approved equal. 2.02 DUCTILE IRON PIPE A. Pipe. Ductile iron pipe shall be cement mortar lined and conform to AVVWA/ANSI C151/A21.51 and C104/A21.4 and shall be U.S. Tyton joint pipe, as manufactured by United States Pipe and Foundry Company, and Pacific States Cast Iron Company, or approved equal. Exterior coating shall be a standard asphalt coating. Use push-on joints except where other joint types are noted on the Plans. Ductile iron pipe of all diameters shall be Class 52, unless otherwise approved. B. Push-on Joints. The rubber ring gaskets used in push-on joints shall conform to AVVWA C111, be suitable for the specified pipe sizes and pressures, and shall be furnished with the pipe. A non-toxic vegetable soap lubricant shall be supplied from the pipe manufacturer in sufficient quantities for installing the pipe. Push-on joints shall be restrained using Field Lok 350® gaskets utilizing stainless steel locking segments vulcanized into the gaskets to grip the pipe to prevent joint separation. 2.03 IRON FITTINGS A. Fittings shall meet the requirements of AVVWA C110 or AVVWA C153. All fittings shall have a pressure rating equal to or greater than 350 psig. Rubber gaskets shall meet the requirements of AVVWA C111. Flanged fittings shall conform to ANSI B16.12 and shall be faced and drilled 125 pound ANSI fittings. All fittings shall be coated and lined with fusion bonded epoxy in accordance with AVVWA C116 to a minimum dry film thickness of 6 mils. B. Bolts, nuts, and washers used for securing fittings shall be of similar materials. Steel bolts shall meet the requirements of ASTM A307 for carbon steel or ASTM F593 for stainless steel. Nuts h shall meetrequirements t e of ASTM A563 for carbon steel or ASTM F594 for stainless steel. Iron bolts and nuts shall meet the requirements of ASTM A536, grade 65-45- 12. All bolts, nuts, and washers shall have a fluoropolymer coating with a minimum dry film thickness of 1 mil unless otherwise stated or allowed by the Owner. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-2 C. Mechanical Joint Restraint. Mechanical joint restraint shall consist of multiple gripping wedges incorporated into a follower gland meeting the applicable requirements of AWWA C110. The joint restraint ring and wedge components shall be constructed of grade 65-45- 12 ductile iron conforming to ASTM A536. Wedges shall be heat-treated to a minimum hardness of 370 BHN. The dimensions of the follower gland shall be compatible with joint bells conforming to AWWA C111 or AWWA C153. Mechanical joint restraints shall be listed by Underwriters Laboratories, shall be Factory Mutual approved, and shall meet or exceed the requirements of ASTM F1674 when used with PVC pipe. The restraint shall be either Series 1100 (for ductile iron pipe) or Series 2000PV (for PVC pipe) restraint devices as manufactured by EBAA Iron, Inc., or approved equal. 2.04 TAPPING SLEEVES A. Tapping sleeves shall be of all stainless steel construction with a minimum working pressure of 250 psig. Refer to the Tualatin Valley Water District's Design and Construction Standards for acceptable sleeve types. 2.05 POLYETHYLENE ENCASEMENT A. Provide low density polyethylene film, in tubular form, without tears, breaks or other defects conforming to the requirements of AWWA C105 with the following properties: 1. Raw Material Requirements i. Group 2 (Linear) ii. Color: Black iii. Dielectric strength: Volume resistivity, 1015 ohm-cm, minimum iv. Density: 0.910 t0 0.935 g/cm3 2. Physical Properties i. Tensile strength: 3,600 psi, minimum ii. Elongation: 700 percent, minimum iii. Dielectric strength: 800 V/mil thickness, minimum iv. Impact resistance: 600g, minimum v. Thickness: 0.008 inch, minimum vi. Propagation tear resistance: 2,550 gf(grams force), minimum. B. Polyethylene Tape and Primer: Provide minimum 3-inch wide, plastic-backed, 12 mil thick, black adhesive tape, Polyken No. 900-12 and Polyken 1027 Primer, or approved equal. 2.06 DETECTABLE WARNING TAPE A. The plastic tape shall be acid and alkali-resistant clear virgin polyethylene film, 4 inches wide with minimum thickness of 5.0 mil overall thickness. Tape shall be reverse printed using a diagonally striped design for maximum visibility and meet the APWA Color-Code standard for identification of buried utilities. Tape shall have a minimum strength of 1,750 psi lengthwise and 1,500 psi crosswise. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-3 B. The tape shall be manufactured with integral wires, foil backing or other means to enable detection by a metal detector when the tape is buried up to 3 feet deep. The tape shall be of a type specifically manufactured for marking and locating underground utilities. The metallic core of the tape shall be encased in a protective jacket or provided with other means to protect it from corrosion. 2.07 UNDERGROUND DETECTABLE LOCATE WIRE (TRACER WIRE) A. Provide permanent, blue colored, continuous locate tracer wire consisting of a tin coating, and copper conductor with polyethylene insulation. Locate wire minimum thickness shall be 19 gauge. Core material shall be comprised of high-tenacity, woven polyester with water blocking yarns encapsulated in a 30 mil thick HDPE jacket providing corrosion resistance, flexibility, impact strength, and 1800 lbs. tensile strength. Tracer wire shall not conduct an electrical current when struck by lightning and is designed for direct burial applications. When splices and lateral connections are made, only gel filled connectors designed for wire with a woven polyester fiber core shall be used. Tracer wire and connectors shall be a TRACE-SAFES Water Blocking Tracer Wire System manufactured by NEPTCO, Inc. and produced in the United States of America, or approved equal. Refer to Drawings for details related to locate test stations. 2.08 NOTIFICATION OF SHUTDOWN A. The Contractor shall determine the sections of the existing water system that require shutdown for main connections, and notify all users of a service interruption between 48 and 72 hours in advance. Notices shall consist of a weather-proof door hanger that lists the property address, date and time of shutdown, and Contractor's contact information and logo. Contractor shall submit to the Owner a copy of the notification 1 week in advance of the scheduled notification of affected users for review and approval. 2.09 PIPE INSTALLATION A. Preparation of Trench. Complete trenching and backfilling in accordance with the requirements of Section 31 23 00 — Excavation and Fill. Grade the bottom of the trench by hand to the line and grade to which the pipe is to be laid, with proper allowance for pipe thickness and for greater base when specified or indicated. Pipe will have a minimum 36 inches of cover, unless specifically noted otherwise. Profile adjustments shall be made only by approval of the Owner. Before laying each section of the pipe, check the grade with a straightedge and correct any irregularities found. B. Dewatering. It shall be the sole responsibility of the Contractor to control the rate and effect of dewatering in pipe trenches and excavations. Dewatering shall at all times be conducted in such a manner as to preserve the undisturbed bearing capacity of the subgrade soils at proposed bottom of the excavation. At all times, site grading shall promote drainage. Surface runoff shall be diverted from excavations. Water entering the excavation from surface runoff shall be collected in shallow ditches around the perimeter of the excavation, drained to sumps, and be pumped or drained by gravity from the excavation to maintain an excavation free from standing water. C. Pipe Installation. Keep mud, silt, gravel and other foreign material out of the pipe and off the joining surfaces. Install a removable plug in the end of the pipe during all periods when construction operations are not in progress. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-4 D. The trench bottom shall form a continuous and uniform bearing and support the pipe on prepared bedding at every point between bell holes, except that the grade may be disturbed for removal of lifting tackle. E. At locations where anodes have been installed, carefully position anode wires to the side of the trench and support anode wires against the side of the trench utilizing a bracket or other means to prevent pipe and pipe zone material installation from damaging anode wires. F. At the location of each joint, dig bell (joint) holes of ample dimensions in the bottom of the trench and at the sides where necessary to permit the joint to be made properly and to permit easy visual inspection of the entire joint. G. Provide and use proper implements, tools, and facilities for the safe and proper prosecution of the work. Lower all pipe, fittings and appurtenances into the trench, piece by piece, by means of a crane, slings, or other suitable tools or equipment, in such a manner as to prevent damage to the pipeline materials and protective coatings and linings. Do not drop or dump pipeline materials into the trench. H. All joints shall be cleaned in accordance with the manufacturer's recommendations. For mechanical and push-on joints, the outside of the spigot, the inside of the bell, and the gasket shall be clean of all dirt, grease, and foreign matter. For flanged joints, the mating surfaces and gasket shall be clean of all dirt, grease, and foreign matter. Do not allow foreign material to enter the pipe while it is being placed in the trench. I. After the first length of push-on joint pipe is installed in the trench, secure pipe in place with approved backfill material tamped under and along sides to prevent movement. Exercise caution not to damage the pipe or the polyethylene wrap. Keep ends clear of backfill. After each section is joined, place backfill to the springline to prevent movement. J. Lay and join pipe with push-on type joints in strict accordance with the manufacturer's recommendations. Provide all special tools and devices, such as special jacks, chokers, and similar items required for the installation to ensure the pipe is not over-inserted. K. Mechanical joint fittings vary slightly with different manufacturers. Install the particular fittings furnished in accordance with the manufacturer's recommendations. L. Bolts for flange fittings shall be full-nut installation (i.e., three full threads showing past nut). M. Bond all joints as specified in Section 13 47 13.13 prior to polyethylene wrapping. N. Unless otherwise directed, lay pipe with bell end facing in the direction of the laying. For lines on steep slopes, face bells upgrade only, as directgd by the Owner. O. Cutting Pipe. Cut pipe for inserting valves, fittings, or closure pieces in a neat and workmanlike manner without damaging the pipe, coating, or lining and so as to leave a smooth end at right angles to the axis of the pipe. Cut ductile iron pipe with milling type cutter or saw. Do not flame cut. Dress cut ends of push-on joint pipe by beveling, as recommended by the manufacturer. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-5 P. Alignment. Wherever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane, to avoid obstructions, or where long radius curves are permitted, the amount of deflection allowed shall not exceed the recommended manufacturer values. Q. Detectable Warning Tape. Warning tape shall be installed directly above the pipe centerline at an elevation equal to the top of the pipe zone material unless otherwise directed. R. Tracer Wire 1. Tracer wire shall be installed on all water pipe as shown on the Drawings. 2. Install tracer wire in accordance with the manufacturer's recommendations. Do not splice tracer wire unless splice and housing for splice meet the manufacturer's requirements for their product. 3. Tracer wire shall extend to the surface at valve boxes where present. At junctions where valve boxes are not present, install valve boxes for access for tracing purposes. 4. Valve boxes installed for access to tracer wire shall be installed at the frequency necessary to obtain readable conductive signals. 5. A successful conductivity test for all installed tracer wire will be necessary prior to acceptance of the water system. 2.10 POLYETHYLENE WRAP INSTALLATION A. Install polyethylene wrap per ANSI/AWWA Cl 05/A21.5 Method A in tidal conditions. B. Cut polyethylene tube to length approximately 2-foot longer than pipe section to provide 1- foot minimum overlap on each adjacent pipe joint. Remove all soil and other debris from the pipe. Slip tube around pipe and bunch it in an accordion style until it clears the pipe ends. Provide a shallow bell hole at the bottom of the trench at the joint location to aid installation of the polyethylene tube. Lower pipe into trench using a fabric type sling or padded cable to protect the polyethylene tube. Connect pipe joint with preceding section of pipe. Ensure that soil or bedding material does not become trapped in-between the polyethylene tube and the pipe. C. After assembling pipe joint, overlap the polyethylene tube from the new pipe segment a minimum of 1-foot over the joint and secure to the pipe with circumferentially applied polyethylene adhesive tape. Then overlap the joint again, a minimum of 1-foot, with the polyethylene tube from the preceding segment of pipe and secure with circumferentially applied polyethylene adhesive tape. D. Reduce the slack in the polyethylene tube to make a snug but not tight fit along the barrel of the pipe by folding the excess polyethylene over the pipe. Circumferentially wrap pipe with polyethylene adhesive tape at 2-foot maximum intervals along the length of the pipe. Proceed with installation of next section of pipe in same manner. E. Cover bends, reducers, offsets, and other pipe-shaped appurtenances with polyethylene in same manner as pipe. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-6 F. Wrap mechanical joints, flange joints, valves, tees, crosses or other pipe appurtenances in the polyethylene tube by splitting the length of polyethylene tube by passing sheet under appurtenance and bringing it up around body. Make seams by bringing edges together, folding over three times, and taping down. G. Prime and wrap all copper air and vacuum valve lines, copper service lines, copper sampling station lines with polyethylene adhesive tape, half lapped, for a minimum of three feet. Prime and wrap all corporation stops. H. Repair any cuts, tears, punctures, or other defects/damages to polyethylene encasement tube with polyethylene adhesive tape or with short length of polyethylene tube cut open. Wrap damaged area with the opened polyethylene tube section and secure in place. 2.11 THRUST BLOCKING A. Provide reaction or thrust blocking as shown or as directed. The concrete mix shall have a compressive strength of not less than 3000 pounds per square inch. Place blocking between the undisturbed ground and the pipe/valve/fitting to be anchored. The bearing surface shall be as shown on Detail No. 8. Place the blocking so that the pipe and fitting joints will be accessible for repairs, unless otherwise shown. 2.12 HOT TAP CONNECTIONS A. Connections may be made to existing pipes under pressure with a tapping machine by determining the size and type of pipe and installing a tapping sleeve to fit complete with tapping gate valve. Where cut-ins are permitted to be made in existing pipes, the work shall be conducted at such a time and in such a manner as to minimize the interruption of service. Cut-in time must be approved in writing by authorized District staff. 2.13 CONNECTIONS TO EXISTING MAINS A. The Contractor shall pothole the location of the connection to determine the necessary pipe, fittings, and valves to make the connection. Assemble as much of the connection assembly as possible prior to shutting down the water. B. Once the water has been shut off, the work shall not be halted until the line is restored to service. Maximum shut down time is 4 hours. Operation of all water main valves shall be by TVWD personnel. TVWD personnel shall witness all hot taps and cut-in connections. Seventy-two (72) hour notice of intention to disrupt service shall be provided by the Contractor to affected customers. 2.14 CUT& PLUG EXISTING PIPE A. Where shown on the Contract Plans, the Contractor shall cut and cap the existing water main. Maintain the existing waterlines as long as possible, including during the transfer of services from the existing waterline to the proposed waterline if possible in order to minimize service disruption times. B. The existing water main, which is to be abandoned, shall have a grout plug, cap, or an MJ plug installed on the end to be abandoned. 2.15 HYDROSTATIC PRESSURE TEST. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-7 A. General. The Contractor shall perform pressure and leakage tests on all newly laid pipe. The Contractor shall furnish all necessary equipment and material, make all taps in the pipe as required, and conduct the tests. The length of pipeline sections for testing will be determined by the District Engineer. The District Engineer or Inspector shall be notified a minimum of 24 hours prior to testing. The District Engineer or Inspector will monitor the tests. B. Equipment and Materials. The following equipment and materials are necessary for the above tests: AMOUNT DESCRIPTION 2 Approved graduated containers. 2 Pressure gauges measuring from 0-200 psi in 2 pound increments. Hydraulic force pump capable of providing adequate test pressure 1 and approved by the Owner. 1 Suitable hose and suction as required. C. Test Procedure. Hydrostatic testing shall only be performed after the tested pipe trench is completely backfilled and compacted. Where any section of pipe is provided with concrete reaction blocking, do not make the pressure tests until at least five days have elapsed after the concrete thrust blocking is installed. If high early cement is used for the concrete thrust blocking, the time may be cut by two days. 1. Fill the pipe with water with an approved method that protects the existing distribution system from possible contamination. The new mains being testing shall remain isolated from the existing water system. 2. Verify the required static pressure with TVWD inspector prior to the test. At the section of the line with the lowest elevation of the line to be tested, use a pump to apply a test pressure of 165 psig,. 3. Isolate the pump and hold the pressure in the line for 60 minutes, unless otherwise directed by the District Engineer. 4. At the end of the test period, operate the pump until the test pressure is again obtained. 5. Measure the amount of water required to restore the test pressure. The pump suction shall be in a barrel or similar device, or metered so that the amount of water required to restore the test pressure may be measured accurately. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-8 D. Leakage. Leakage shall be defined as the quantity of water necessary to restore the specified test pressure at the end of the test period. No pipe installation will be accepted if the leakage is greater than the number of gallons per hour as determined by the following formula: L = SDP1/2 148,000 In the above formula: L = Allowable leakage (gallons per hour) D = Nominal pipe diameter (inches) S = Length of pipe tested (feet) P = Average test pressure (psig) E. Correction of Excessive Leakage. Should any hydrostatic test disclose leakage greater than that allowed, locate and repair the defective joints, pipe, or appurtenances and retest the pipeline. Pipe will not be accepted until an acceptable allowance of leakage has been demonstrated. 2.16 CORROSION CONTROL A. Joint Bonding. All ductile iron pipe, fitting, and valve joints shall be bonded in accordance with Section 13 47 13.13. B. Cathodic Protection. Corrosion control anodes, test stations, and insulated joints shall be furnished and installed where shown on the Plans and specified in Section 13 47 13.13. 2.17 DISINFECTION A. General. Pipelines intended to carry potable water shall be disinfected before placing in service. Disinfection procedures shall conform to AVWVA C651 and OAR 333-061-00500 (10)(c) and as hereinafter modified or expanded. B. Flushing. Before disinfecting, flush all foreign matter from the pipeline. The Contractor shall coordinate flushing with the Inspector a minimum of 24 hours prior to flushing activities. Provide hoses, temporary pipes, ditches, and other materials and methods required to dispose of flushing water without damage to adjacent properties or water ways. Flushing velocities shall be at least 2.5 feet per second. De-chlorinate flushing water in an approved method as necessary. C. Disinfection Mixture. Disinfection shall be accomplished using the continuous feed method with a mixture of chlorine water solution having a free chlorine residual of 25-30 mg/I. The disinfection mixture shall be prepared by injecting a calcium or sodium hypochlorite and water solution at a measured rate while fresh water is allowed to flow through the pipeline at a measured rate so that the chlorine-water solution is of the specified strength. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-9 D. Materials. The disinfection mixture shall be either calcium hypochlorite or sodium hypochlorite, meeting the requirements in the table below. Chlorine-water solution used for disinfection with a free chlorine residual in excess of 50 mg/I will not be allowed without specific approval by the Owner or their authorized agent. Table 1.1: Disinfection material requirements PRODUCT QUANTITY WATER Calcium Hypochlorite' 1 lb 7.5 gal (65-70 percent CI) Sodium Hypochlorite2 1 gal 4.5 gal (5.25 percent CI) 1. Comparable to commercial products known as HTH, Perchloron, and Pittchlor 2. Known as liquid laundry bleach, Clorox, and Purex 1. When using the calcium hopochlorite procedure, first mix the dry powder with water to make a thick paste, then thin to approximately a one-percent solution (10,000 mg/I chlorine). 2. When using liquid sodium hypochlorite is used, dilute the liquid with water to obtain a one-percent solution. The following proportions of hypochlorite to water will be required: B. Point of Application. Inject the chlorine mixture into the pipeline to be treated within the first eight (8) feet of the beginning of the line through a corporation stop or suitable tap in the top of the pipeline. C. Water from the existing system or other approved source shall be controlled so as to flow slowly into the newly laid pipeline during the application of chlorine. The rate of chlorine mixture flow shall be in such proportion to the rate of water entering the pipe that the combined mixture shall contain 40-50 mg/I of free available chlorine. D. Operate all valves, hydrants, and other appurtenance during disinfection to assure that the disinfection mixture is dispersed into all parts of the line, including dead ends, new services, and similar areas that otherwise may not receive the treated water. Valves shall be manipulated so that a strong chlorine solution in the line being treated will not flow back into the line supplying the water. Use check valves if necessary. 1. Chlorinating devices for feeding the hypochlorite solutions must provide means for preventing the backflow of water. 2. Concentrated quantities of disinfectant shall not be placed in the line prior to filling with water. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-10 E. Retention Period. Treated water shall be retained in the pipeline long enough to destroy all non-spore-forming bacteria. With proper flushing and the specified solution strength, 24 hours is adequate. At the end of the 24 hour period, the disinfection mixture shall have a strength of at least 10 mg/I of chlorine. To minimize damage to cement mortar lining in ductile iron pipe and fittings, disinfection solution contact time shall not exceed 60 hours. If the residual is less than 10 mg/I, re-chlorination of the pipe will be required. If after the 24- hour period, the chlorine residual is 10 mg/I or greater follow the procedure described below. F. Purity Test. The Contractor shall provide access to sampling locations after the retention period. At the end of a 24-hour retention period the chlorine residual in the pipe shall be 10 mg/I or greater. If so, flush the water from the pipe line until the water through the line is equal in chemical and bacteriological properties to the permanent source of supply. After flushing, coordinate with Tualatin Valley Water District (TVWD) personnel so that the District may collect the 1st Bacteriological (total coliform) sample. If written confirmation is obtained from an approved laboratory, a second sample may be collected. If the results of the second sample also indicate that the water is free of coliform organisms, coordinate placing the pipe line in service with TVWD. G. After chlorination, flush the water from the line until the water through the line is equal chemically and bacteriological to the permanent source of supply. Dispose of disinfection water in an approved manner. Do not allow disinfection water to flow into a waterway without adequate dilution or other satisfactory method of reducing chlorine to a safe level. H. Flushing after disinfection. After disinfection, flush the water from the line until the water through the line has chemical and bacteriological properties equal to the permanent source of supply. De-chlorinate discharged water utilizing best management practices END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-11 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Piping—Section 33 11 00-12 SECTION 33 12 13 WATER SERVICE CONNECTIONS PART 1 GENERAL 1.01 DESCRIPTION. This section describes acceptable materials and installation procedures of water service connections. B. Related Work Specified Elsewhere 1. Section 31 23 00 - Excavation and Fill 2. Section 33 11 00 Water Utility Distribution Piping 1.02 SUBMITTALS A. Submit as specified in Section 01 33 00 B. Submit catalog cuts of all items specified herein. C. After exploratory excavation to confirm water service connections, submit materials and drawing of proposed service connection. 1.03 CONTRACTOR'S RESPONSIBILITY TO NOTIFY OWNER A. The Contractor shall obtain approval for interrupting or shutting down water service from the Owner during the weekly construction progress meeting and shall detail any service interruptions or shutdowns in the weekly schedule update. Further, the Contractor shall notify the Owner in writing a minimum of forty-eight (48) hours prior to interrupting or shutting down water service. PART 2 PRODUCTS 2.01 COPPER TUBING. Copper tube used for service connections shall be Type K, seamless, conforming to ASTM B88. Copper tubing must be of domestic manufacture. 2.02 SERVICE SADDLES. Service saddles shall be Romac Style 202S, Smith Blair No. 317, or approved equal, double service saddle tapped for AWWA taper thread and with neoprene gaskets. Service saddle shall have a fusion bonded epoxy coated ductile iron body with stainless steel straps. Service saddle shall be adequate for use with the size, type, and class of the water pipe. Service saddle shall have a minimum working pressure rating of 250 psi. 2.03 CORPORATION STOPS A. Corporation stops for service lines, combination air and vacuum valves, and sample stations shall meet the requirements of ANSI/AWWA C800, have AWWA taper thread inlet and compression connection outlet, and a minimum pressure rating of 250 psi. B. Corporation stops shall be manufactured by Mueller, Ford, or approved equal. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Service Connections—Section 33 12 13-1 2.04 ANGLE METER STOPS A. Angle meter stops shall meet the requirements of ANSI/AWWA C800, have a compression inlet with a meter thread outlet, and a minimum pressure rating of 250 psi. 2.05 DETECTABLE WARNING TAPE A. Detectable warning tape used for water service connections shall meet the requirements for detectable warning tape outlined in subsection 2.06 of Section 33 11 00 — Water Utility Distribution Piping. 2.06 BACKFLOW PREVENTION DEVICES A. Backflow prevention devices shall be of the double check type. The main valve body shall be manufactured from 300 series stainless steel. The check valves shall be of thermoplastic construction with stainless steel hinge pins, cam arm, and cam bearing and shall utilize a single torsion spring design. There shall be no brass or bronze parts used within the check valve assembly. The main assembly shall consist of two independently operating torsion spring check assemblies, two resilient seated isolation valves, and four ball valve type test cocks. Backflow prevention devices shall be Watts Series 774, or approved equal. PART 3 EXECUTION 3.01 GENERAL. Work interrupting water service shall be completed outside of business hours for all affected businesses. 3.02 PIPE INSTALLATION A. Preparation of Trench. Complete trenching and backfilling in accordance with the requirements of Section 31 23 00 — Excavation and Fill. Grade the bottom of the trench by hand to the line and grade to which the pipe is to be laid, with proper allowance for pipe thickness and for greater base when specified or indicated. Pipe will have a minimum 36 inches of cover. Before laying each section of the pipe, check the grade with a straightedge and correct any irregularities found. B. Dewatering. It shall be the sole responsibility of the Contractor to control the rate and effect of dewatering in pipe trenches and excavations. Dewatering shall at all times be conducted in such a manner as to preserve the undisturbed bearing capacity of the subgrade soils at proposed bottom of the excavation. At all times, site grading shall promote drainage. Surface runoff shall be diverted from excavations. Water entering the excavation from surface runoff shall be collected in shallow ditches around the perimeter of the excavation, drained to sumps, and be pumped or drained by gravity from the excavation to maintain an excavation free from standing water. C. Provide and use proper implements, tools, and facilities for the safe and proper prosecution of the work. Lower all pipe, fittings and appurtenances into the trench, piece by piece, in such a manner as to prevent damage to the pipeline materials. Do not drop or dump pipeline materials into the trench. Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Service Connections—Section 33 12 13-2 D. Keep pipe and fittings clean of all dirt, grease, and foreign matter. Do not allow foreign material to enter the pipe while it is being placed in the trench. Keep ends clear of backfill. E. Cutting Pipe. Cut pipe for inserting valves, fittings, or closure pieces in a neat and workmanlike manner without damaging the pipe and so as to leave a smooth end at right angles to the axis of the pipe. F. Detectable Warning Tape 1. Warning tape shall be installed directly above the pipe centerline at an elevation equal to the top of the pipe zone material unless otherwise directed. 3.03 TAPS AND SERVICE CONNECTIONS A. Shutdown work shall be completed outside of business hours for all affected businesses. Taps shall be made in the pipe by experienced workmen using tools in good repair with proper adapters for the size of pipe being tapped. B. Grade the bottom of the trench by hand to the line and grade to which the pipe is to be laid. The trench bottom shall form a continuous and uniform bearing for the pipe. The copper tubing shall be cut with square ends, reamed, cleaned, and made up tightly. Care shall be taken to prevent the tube from kinking or buckling on short radius bends. Kinked or buckled sections of copper tube shall be cut and the tube spliced with the proper brass fittings at the Contractor's expense. 3.04 HYDROSTATIC PRESSURE TESTING AND DISINFECTION. Perform hydrostatic pressure testing, flushing and disinfection on all newly laid pipe in accordance with Section 33 11 00 -Water Utility Distribution Piping. 3.05 METER BOXES A. Meter boxes shall be placed so that the structure is firmly bedded and level on compacted bedding materials, as shown on the Plans. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Service Connections—Section 33 12 13-3 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Service Connections—Section 33 12 13-4 SECTION 33 12 16 WATER UTILITY DISTRIBUTION VALVES PART 1 GENERAL 1.01 DESCRIPTION A. This section describes acceptable materials, and installation procedures, for water valves, and appurtenances. B. Related Work Specified Elsewhere 1. Section 31 23 00- Excavation and Fill 2. Section 33 11 00–Water Utility Distribution Piping 1.02 SUBMITTALS. Submit catalog cuts of all items specified herein in accordance with Section 01 33 00. PART 2 PRODUCTS 2.01 MAIN LINE VALVES A. Valves shall be iron body, bronze mounted, resilient seat, NRS valves with o-ring seals, and shall open when the stem is rotated counterclockwise. Unless otherwise shown, valves shall have a 2-inch square wrench nut. Valve ends and valve sizes shall be as shown on the Drawings. Valves shall conform to AWWA C509 or C515. B. Joint materials, gaskets and bolts shall be in accordance with the ductile iron pipe provisions. The valve interior and exterior surfaces shall be fusion bonded epoxy coated with a minimum 10 mil dry film thickness that meets the requirements of ANSI/AWWA C550 and C116/A21.16. Only valves from the following manufacturers shall be provided for installation in the District's facilities: Kennedy Valve, M&H Valve Company, American Flow Control, Clow Valve Company, AVK Group, and Mueller Co. 2.02 EXTENSION STEMS FOR VALVE OPERATORS A. Where the depth of the operating nut is more than four feet, operating extensions shall be provided to bring the operating nut to a point 24 to 36 inches below the surface of the ground or pavement. The extension shall be constructed of galvanized steel. The operator extension shall have a steel disc attached to allow centering of the stem in the valve box. A disc shall be located directly below the top operator nut and no less than 6 feet apart if the extension is 8 feet or more in length. See District Standard Detail No. 5 for typical setting details. 2.03 VALVE BOXES Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Valves—Section 33 12 16-1 A. Valve boxes shall be one piece, cast iron type as manufactured by Olympic Foundry, or approved equal. The valve box and cover shall be No. VB910 with a "W" cast into the top. Six-inch 03034 PVC pipe shall be used as a spacer for the lower portion of the valve box, length as necessary. Install an 8-inch by 6-inch PVC reducer at the bottom of the 6-inch stand pipe. Typical setting details are shown on District Standard Details 3 and 5. PART 3 EXECUTION 3.01 VALVES A. Before installation, the valves shall be thoroughly cleaned of all foreign material, and shall be inspected for proper operation, both opening and closing, and to verify that the valves seat properly. Valves shall be installed so that the stems are vertical, unless otherwise directed. Joints shall conform to AWWA C600 or AWWA C603, whichever is applicable. Valves shall be installed in accordance with District Standard Detail No. 3. Joints shall be tested with the adjacent pipeline. If joints leak under test, valves shall be disconnected and reconnected, and the valve and/or the pipeline retested. B. Faces of flanges shall be cleaned thoroughly before flanged joint is assembled. After cleaning, the gasket shall be inserted and the nuts tightened uniformly around the flange. If flanges leak under test, the nuts shall be loosened, the gasket reset or replaced, the nuts retightened, and the valve and/or pipeline retested. After tightening nuts, three full threads shall be showing on the end of the bolt where it is exposed beyond the nut. C. Cathodically protect and bond all valves as specified in Section 13 47 13.13. 3.02 VALVE BOXES A. Center the valve boxes and set plumb over the wrench nuts of the valves. Set valve boxes so that they do not transmit shock or stress to the valves. Set the valve box covers flush with the surface of the finished pavement as shown, or such other level as may be ordered by the Owner.` Cut extensions to the proper length so that the valve box does not bind or rest on the extension when set at grade. Valve boxes shall be installed in conformance with District Standard Detail No. 3. B. Backfill shall be the same as specified for the adjacent pipe. Place backfill around the valve boxes and thoroughly compact to a density equal to that specified for the adjacent trench and in such a manner that will not damage or displace the valve box from proper alignment or grade. Misaligned valve boxes shall be excavated, plumbed, and backfilled at the Contractor's expense. Where the valve is located outside of the asphalt pavement and in road shoulder or a landscape or dirt area, the Contractor shall pour a 2' x 2' x 4" concrete pad around the valve box. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Valves—Section 33 12 16-2 Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Valves—Section 33 12 16-3 SECTION 33 12 19 WATER UTILITY DISTRIBUTION FIRE HYDRANTS PART 1 GENERAL 1.01 DESCRIPTION A. This section describes acceptable materials and installation procedures for water utility fire hydrants. B. Related Work Specified Elsewhere 1. Section 31 23 00- Excavation and Fill 2. Section 33 11 00-Water Utility Distribution Piping 3. Section 33 12 16–Water Utility Distribution Valves 1.02 SUBMITTALS. Submit catalog cuts of all items specified herein in accordance with Section 01 33 00. PART 2 PRODUCTS 2.01 FIRE HYDRANTS. A. Fire hydrants shall be nominal 5%-inch main valve opening with six inch bottom connections and equipped with two 2%-inch hose nozzles and one 4%-inch pumped nozzle. Nozzle threads shall be American National Standard. The inlet connection shall be mechanical joint. Operating nut shall be 1%-inch national standard pentagon nut. The main valve shall be equipped with o-ring seals and shall open when turned counterclockwise. Hydrants shall be of the break flange or safety top type. B. Hydrants shall conform to AWWA C502, and this specification. Hydrants shall be Mueller Centurion or Super Centurion. C. The normal depth of bury shall be 4 feet. Hydrants shall be yellow above the ground line. The solid precast concrete pier block shall have nominal dimensions of 8-inch thickness by 16-inch square base. D. Joint materials, gaskets and bolts shall be in accordance with the ductile iron pipe provisions described in Section 33 11 13.13. 2.02 THRUST BLOCKS. Pour cast-in-place thrust blocks as shown in the District Standard Detail No. 8. PART 3 EXECUTION 3.01 INSTALLATION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Fire Hydrants—Section 33 12 19-1 A. Preparation of Trench. Grade the bottom of the excavation by hand to the line and grade to which the hydrant base is to be located. The trench bottom shall form a continuous and uniform bearing and support the pipe on solid foundation material B. At locations where anodes have been installed, carefully position anode wires to the side of the trench and support anode wires against the side of the trench utilizing a bracket or other means to prevent pipe and pipe zone material installation from damaging anode wires. C. Provide and use proper implements, tools, and facilities for the safe and proper prosecution of the work. Lower hydrant and appurtenances into the excavation by means of a crane, slings, or other suitable tools or equipment, in such a manner as to prevent damage to the materials and protective coatings and linings. Do not drop or dump materials into the excavation. 1. Do not allow foreign material to enter the pipe while it is being placed in the trench. 2. Provide polyethylene wrap in accordance with Section 13 47 13.13 - Cathodic Protection for Underground Piping. D. Fire hydrant installation shall conform to District Standard Detail Nos. 100, 101 and No. 102 and to provisions of Section 3.7 of AWWA C600, except where otherwise specified. Locate as shown or directed by Owner so as to provide complete accessibility and minimize possibility of damage from vehicles or injury to pedestrians. Improperly located hydrants shall be disconnected and relocated at the Contractor's expense. E. When placed behind the curb or sidewalk, set hydrant barrel so that no portion of the pumper hose nozzle cap will be less than 18 inches from the gutter face of the curb or backside of the sidewalk. Set all hydrants plumb and nozzles parallel with, or at right angles to, the curb. With the pumper nozzle facing the curb, set hydrants so that the safety flange is a minimum of three inches and a maximum of six inches above finished ground or sidewalk level to clear bolts and nuts, and as directed. F. Do not carry excavation below sub-base grade. Refill over-excavated areas with approved material, and compact to provide firm foundation. Place base block on firm, level sub-base to assure uniform support. Place hydrant carefully on base block to prevent the base block from breaking. When ductile iron pipe is used, jointing procedures shall conform to Section 4.2 of AWWA C600. After hydrant is in place and connected to the pipeline, place temporary blocks to maintain the hydrant in a plumb position during subsequent work. G. Place drain gravel around base block and hydrant bottom after hydrant has been blocked in place. Top gravel shall be not less than six inches above hydrant drain opening. Do not connect drainage system to sewer. H. Bond all fire hydrant valve and fitting assemblies as specified in Section 13 47 13.13. END OF SECTION Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Fire Hydrants—Section 33 12 19-2 • Tualatin Valley Water District Lincoln Center Water Main Replacement Project JANUARY 2016 Water Utility Distribution Fire Hydrants—Section 33 12 19-3