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I I RECEIVED DEC 3 0 2015 I -...\.k.,� CITY OF TIGARD BUILDING DIVISION 1 CleanWater Services CONSTRUCTION DOCUMENTS I FOR THE CONSTRUCTION OF THE 1 River Terrace North Pump Station and Force Main I Project No. 6631 • I I December 2015 /?W22 C/rte re - r sT I City of Tigard Volume 1 of 4: A• •roved Plans . ��`� 1 Bidding Requirements B ti'i." Date � tk- Contract Forms I Conditions of the Contract OFFICE COPY n Supplementary Information 1 I Murray,Smith&Associates,Inc. m — — Engineers/PlannersI _, ___ _ =_ 121 S.W.Salmon,Suite 900 PHONE 503.225.9010 Portland,Oregon 97204-2919 FAX 503.225.9022 I I ADDENDUM NO. 1 1 TO THE 1 CONTRACT DOCUMENTS ' FOR RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN, ' PROJECT NO. 6631 FOR ' CLEAN WATER SERVICES THIS ADDENDUM IS HEREBY MADE A PART OF THE CONTRACT DOCUMENTS TO THE SAME EXTENT AS THOUGH IT WERE ORIGINALLY INCLUDED THEREIN. ' BIDDERS MUST ACKNOWLEDGE RECEIPT OF ALL ADDENDA ON THE BID PROPOSAL FORM. BID PROPOSALS THAT FAIL TO ACKNOWLEDGE ALL ADDENDA MAY BE CONSIDERED IRREGULAR AND MAY BE REJECTED. IISSUED THIS 23TH DAY OF DECEMBER, 2015. <80 PRQp, ct 04°4% s OTiv 9ta G1 y9,24$1 , . 41'szi0(° I EXPIRES: Vgyotaig 1 MURRAY, SMITH & ASSOCIATES, INC. 121 SW Salmon, Suite 900 Portland, OR 97204. (503) 225-9010 MSA-OR 12/15 Addendum No. 1 14-1611 Page 1 of 6 i ' ITEM NO. 1, TECHNICAL SPECIFICATIONS —SECTION 01100-SPECIAL PROVISIONS A. On page 01100-24, ADD the following: 1.56 Project Document System Tracking Software CONTRACTOR, OWNER and ENGINEER shall use OWNER-provided electronic project document tracking software to manage construction documentation. Failure to use this software for project documentation shall be considered cause for Suspension of Work as allowed by Paragraph SC-15.02 of the Supplementary Conditions. ' Project Document TrackingTM System Software to be used shall be EADOC . The web-based software application does not require the CONTRACTOR to purchase or install any special software. The CONTRACTOR will be required to use the collaboration web site, log in and upload their information to EADOCTM for ' submission to the OWNER/ENGINEER. The CONTRACTOR shall provide and utilize all necessary computers, internet services, phone services, and other office, scheduling, and communication software programs. The ENGINEER, CONTRACTOR and OWNER shall use thisro ram as the main P g communication and data storage for the project. CONTRACTOR's subcontractors and suppliers can also be added under the CONTRACTOR's profile. The areas to be tracked and filed using EADOCTM software shall include, but are not limited to: ' • Submittals in Word, Excel or PDF format. • Meeting notifications and minutes. I .' Requests for Information (RFI). • Change Proposal Requests (CPR). ' Documents to be uploaded in PDF format should be either created electronically in PDF format or paper copies can be scanned into PDF format. The majority of suppliers will provide product cut sheets in PDF format if requested. Paper hard ' copies of documents are required, where specified. ITEM NO. 2, TECHNICAL SPECIFICATIONS —SECTION 01300-SUBMITTALS A. On page 01300-2, section 1.1, DELETEara ra h G and REPLACE p g p C with the following: G. All submittals shall include both electronic copies and a minimum of two (2) ' hard copies unless additional copies are specified. Provide four (4) hard copies for all Division 11, 13, 16 and 17 submittals. Electronic copies shall be in Word, Excel or PDF format unless otherwise specified. Electronic copies shall be submitted through a collaboration Internet web site (EADOCTM). See Section 01100-Special Provisions, Paragraph 1.56. In the event of discrepancy MSA-OR 12/15 Addendum No. 1 14-16114 Page 2 of 6 1 between the electronic version and paper documents, the paper documents shall govern. If CONTRACTOR requests that any hard copies be returned, then CONTRACTOR shall submit the appropriate additional number of hard copies. ITEM NO. 3, TECHNICAL SPECIFICATIONS —SECTION 09800-PROTECTIVE COATINGS 111 A. On page 09800-22, section 3.8, DELETE the entire coating schedule and REPLACE it with the attached coating schedule (Page 6 of 6 of the addendum). ' ITEM NO. 4, TECHNICAL SPECIFICATIONS—SECTION 16050-GENERAL REQUIREMENTS FOR ELECTRICAL WORK A. On page 16050-19, paragraph 1.8.C.1, DELETE the table and REPLACE it with the following table: PROJECT NEMA ENCLOSURE TYPE CONDUIT TYPE NOTES AREA 1 4 4X 7 9 12 PVC GRC PCS Electrical Hot dipped room X X galvanized steel Pump station X X 316 stainless wet well steel, Ductbanks X X Outdoors X X 316 stainless steel, Valve Hot dipped Vault X X galvanized steel 1 ITEM NO. 5,DRAWINGS —PAGE 9 of 89, SHEET ESC-3 EROSION AND SEDIMENT CONTROL PUMP STATION PLAN A. DELETE Sheet ESC-3 EROSION AND SEDIMENT CONTROL PUMP STATION PLAN and REPLACE with the attached Sheet ESC-3 EROSION AND SEDIMENT I CONTROL PUMP STATION PLAN. • 1 MSA-OR 12/15 Addendum No. 1 14-16114 Page3of6 ITEM NO. 6,DRAWINGS—PAGE 18 of 89, SHEET C-1 SITE PLAN A. DELETE Sheet C-1 SITE PLAN and REPLACE with the attached Sheet C-1 SITE ' PLAN (Rescanned to improve clarity of line work and text within AC parking and maintenance area). ITEM NO. 7,DRAWINGS—PAGE 19 of 89, SHEET C-2 SITE PIPING PLAN A. DELETE Sheet C-2 SITE PIPING PLAN and REPLACE with the attached Sheet C- I 2 SITE PIPING PLAN. ITEM NO. 8,DRAWINGS—PAGE 20 of 89, SHEET C-3 GRADING PLAN A. DELETE Sheet C-3 GRADING PLAN and REPLACE with the attached Sheet C-3 GRADING PLAN(Rescanned to improve clarity of line work and text within AC parking and maintenance area). ITEM NO. 9,DRAWINGS—PAGE 21 of 89, SHEET C-4 GRADING SECTIONS A. DELETE Sheet C-4 GRADING SECTIONS and REPLACE with the attached Sheet C-4 GRADING SECTIONS. ITEM NO. 10, DRAWINGS—PAGE 54 of 89 SHEET M-7 MECHANICAL DETAILS-3 ' A. ADD the following Notes to Detail 2 HANRAIL DETAIL: 8. Provide aluminum fittings and aluminum pipe with powder coat finish. Submit color chart for Owner selection of finish color. 9. Protect aluminum floor flanges from contact with concrete top slab in accordance ' with the specifications and with manufacturer's recommendations. ITEM NO. 11, DRAWINGS—PAGE 60 of 89 SHEET E-6 ELECTRICAL BUILDING ' POWER PLAN ' A. ADD the following Notes: CONDUIT INSTALLATION NOTES: l 1. Conduit installed in the electrical room floor slab shall be Schedule 40 PVC. Conduit not installed in the slab shall adhere to the specifications for type based on location. 2. Conduit requiring 24" or greater cover exiting the building shall be mounted/routed 1 below the electrical room floor slab. 3. Any electrical room conduit 2.5-inch nominal diameter or greater shall not be ' mounted within the slab, but shall be mounted/routed below the electrical room floor slab. 4. All conduits embedded in slabs or walls shall meet the following requirements: I MSA-OR 12/15 Addendum No. 1 ' 14-16114 Page4of6 a. Conduits with their fittings embedded within a column shall not displace II greater than 4% of the gross area of the cross section at any point. b. Conduits shall not be spaced closer than 2" clear or 3 outside diameters on center,whichever is larger. , c. Conduits shall be placed such that cutting, bending, or displacing the specified reinforcing will not be required. d. A minimum of 2" clear shall be maintained between embedded conduit and reinforcing or concrete surfaces. e. All conduits placed in slabs shall be installed within the middle 1/3 the slab section. f. Conduit crossings/intersections shall not exceed 4" in combined height at the crossing/intersection. , ITEM NO. 12,DRAWINGS —PAGE 61 of 89 SHEET E-7 ELECTRICAL BUILDING , LIGHTING AND RECEPTACLE PLAN A. ADD the following note to GENERAL NOTES: , C. Refer to Conduit Installation Notes on Sheet E-6 ITEM NO. 13,DRAWINGS —PAGE 62 of 89 SHEET E-8 ELECTRICAL BUILDING COMMUNICATIONS PLAN r A. ADD the following Notes: C. Refer to Conduit Installation Notes on Sheet E-6 1 1 i i i MSA-OR 12/15 Addendum No. 1 14-16114 Page 5 of 6 I Coating Schedule I -� Item nation g ate gal ; a*-WW,MItI Pipings Exposed and in Ductile Iron Coating System 101 vaults (exterior surface) I Piping In Wet Well (exterior Ductile Iron Coating System 102 surface) Valves & Couplings2 All -- See Note 2 I Concrete Wet Well & Interior Concrete Coating System 210 Manholes where shown on plans I Interior Walls (below Vault Concrete No Coating grade) _o Exterior Walls (below Wet Well and Vault Concrete Coating System 306 Igrade) Concrete Floors and All Interior Floors; Concrete Coating System 305 Slabs All Exterior Slabs, ILandings and Sidewalks Miscellaneous Metals Exposed Surfaces, Galvanized metal Coating System 101 IExterior and Interior gutters, downspouts and flashing Valve vault access Interior, finished Galvanized Steel No Coating Istairway grade to valve vault Handrail around wet Exterior,around wet Powder coated Factory finish well well aluminum IInterior Ceiling Building Interior, Gypsum Board Coating System 304 Exposed Surfaces I Interior of CMU Walls Building Interior, Concrete Masonry No Coating Exposed Surfaces Interior Trim Building Interior, Wood Coating System 303 I Exposed Surfaces Exterior Walls, Building Exterior, Cultured Stone No coating, unless Wainscot Exposed Surfaces recommended by I manufacturer Exterior Walls: Siding, Building Exterior, Cementitious fiber Coating System 307 Battens, Trim, Fascia& Exposed Surfaces l Soffit Doors Exposed Surfaces, Steel Coating System 101 Interior&Exterior ISurfaces ouversExposed Surfaces, Steel Coating System 101 I Notes: Interior&Exterior 1 Pipe linings shall be as specified elsewhere in these specifications. I2 Finish coating of exposed valves and couplings to be shop-applied fusion-bonded epoxy. MSA-OR 12/15 Addendum No. 1 I14-16114 Page 6 of 6 1 1 1 TECHNICAL SPECIFICATIONS FOR RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 FOR CLEAN WATER SERVICES 1 DECEMBER 2015 I VOLUME 1 OF 4 Bidding Requirements Contract Forms Conditions of the Contract Supplementary Information 1 I 1 MURRAY, SMITH & ASSOCIATES,INC. 121 SW Salmon, Suite 900 Portland, OR 97204 ' (503) 225-9010 14-1611 1 \ 1 CleanWater Services River Terrace North PumpStation Station and Force Main TABLE OF CONTENTS Number Section Title Number of Pages 1 VOLUME 1 OF 4 TITLE PAGE TABLE OF CONTENTS 4 DIVISION 0—BIDDING AND CONTRACT REQUIREMENTS 00030 Advertisement to Bid 2 00100 Instruction to Bidders 9 00300 Bid Forms 14 00500 Agreement 8 00610 Performance Bond 2 00620 Payment Bond 2 00700 General Conditions 54 00800 Supplementary Conditions 33 00810 Oregon Prevailing Wage Rates 1 ' SUPPLEMENTARY INFORMATION Geotechnical Investigation,Clean Water Services, River Terrace North Pump Station and Force Main,PN 6631,Tigard,Oregon, GRI, September 11, 2015. City of Tigard Drawing No. 120 City of Tigard Drawing No. 143 City of Tigard Drawing No. 520 Easement for Sanitary Sewer Pump Station Easement for Force Main,Water Line, Sanitary Sewer,Storm Sewer,and Emergency Vehicle Access PGE Easment Easement for Construction Staging Area 10'x 43' Subsurface Drain Outfall Easement I L TABLE OF CONTENTS TOC-1 December 2015 I IVOLUME 2 OF 4 ITITLE PAGE DIVISION 01 -GENERAL REQUIREMENTS 1 01010 Summary of Work 6 01100 Special Provisions 25 I01115 Work Sequence and Constraints 5 01200 Measurement and Payment 4 01300 Submittals g 01515 Temporary Pumping and Piping 5 I 01611 Seismic Requirements,Non-Structural 5 01650 Force Main Pressure Testing 4 01652 Testing, Training and System Startup 8 IDIVISION 02—SITE WORK I 02100 Site Preparation 4 02140 Dewatering 4 02160 Excavation Support Systems 4 I 02200 Earthwork 8 02221 Excavating,Backfilling and Compacting for Structures 5 02222 Excavating,Backfilling and Compacting for Utilities 12 02230 Erosion and Sedimentation Control 6 I02255 Aggregate Pier Foundation Systems 10 02440 Sprinkler Irrigation System 12 02480 Planting 14 I 02485 Topsoil Preparation 3 02490 Hydroseeding 4 02505 Pavement and Surface Restoration 6 I 02510 Asphalt Concrete Pavement4 02640 Polyvinyl Chloride(PVC)Pressure Pipe 10 02644 Polyvinyl Chloride(PVC)Pipe for Sanitary Sewer 7 I 02700 Storm Drainage Facilities 3 02800 Chain Link Fences and Gates 4 DIVISION 03—CONCRETE I 03100 Concrete Work 36 03400 Precast Concrete 9 1 03600 Grout 4 r DIVISION 04—MASONRY 1 04100 Mortar and Grout 9 04220 Concrete Unit Masonry 8 I04700 Manufactured Stone Veneer 5 I TABLE OF CONTENTS TOC-2 I December 2015 DIVISION 05—METALS ' 05500 Metal Fabrications 12 DIVISION 06—WOOD,PLASTICS,AND COMPOSITES 06050 Fasteners and Adhesives 2 06100 Rough Carpentry 5 DIVISION 07—THERMAL AND MOISTURE PROTECTION 07200 Building Insulation 2 U 07310 Asphalt Shingle Roofing 5 07460 Fiber Cement Siding, Trim and Soffit 6 07610 Flashing and Sheet Metal 4 07920 Sealants and Caulking 2 DIVISION 08—OPENINGS 08100 Metal Doors and Frames 3 08710 Finish Hardware 6 DIVISION 09—FINISHES 1111 09250 Gypsum Board 6 09800 Protective Coatings 22 DIVISION 10—SPECIALTIES 10400 Identifying Devices 3 DIVISION 11—EQUIPMENT 11000 Equipment General 8 11100 Pumps,General 6 11120 Submersible Sewage Pumps 10 DIVISION 12—FURNISHINGS DIVISION 13—SPECIAL CONSTRUCTION DIVISION 14—CONVEYING SYSTEMS IDIVISION 15—MECHANICAL 15000 Piping,General 14 15100 Valves,General 5 15101 Gate Valves 2 15104 Plug Valves 2 15105 Check Valves 2 15107 Miscellaneous Valves 3 15400 Plumbing 6 15500 Heating, Cooling and Ventilating 11 TABLE OF CONTENTS TOC-3 December 2015 I IVOLUME 3 OF 4 U TITLE PAGE DIVISION 16—ELECTRICAL I16050 General Requirements for Electrical Work 29 16052 Hazardous Classified Area Construction 7 16060 Grounding and Bonding 8 I 16070 Hangers and Supports 8 16075 Electrical Identification 10 16123 600-Volt or Less Wires and Cables 20 I 16130 Conduits 24 16133 Duct Banks 7 16134 Boxes 14 I16135 Precast Concrete Pull Boxes and Electrical Manholes 9 16140 Wiring Devices 10 16150 Wire Connections 8 I 16210 Utility Coordination 4 16222 Low Voltage Motors Up to 500 Horsepower 14 16232 Single Diesel Fueled Engine Generator above 200 KW 42 16251 Automatic Transfer Switch 9 16264 Variable Frequency Drives 60-500 Horsepower 25 16272 Dry Type Transformers g 16285 Transient Voltage Surge Suppressor 8 I 16305 Electrical System Studies 13 16411 Disconnect Switches 7 16412 Low Voltage Molded Case Circuit Breakers 6 I 16422 Motor Starters 10 16444 Low Voltage Motor Control Center 16 16445 Panelboards 10 II 16494 Low Voltage Fuses 5 16500 Lighting 12 16950 Field Electrical Acceptance Testing 46 IDIVISION 17—INSTRUMENTATION AND CONTROLS 17050 Basic Measurement and Control Instrumentation Materials and Methods 48 17101 Control Strategies 9 I 17201 Level Measurement-Switches 4 17302 Flow Measurement-Magnetic Flowmeters 6 I 17407 Pressure Measurement—Submersible 6 17710 Control Systems—Panels,Enclosures,and Panel Components 32 17720 Control Systems—Programmable Logic Controllers Hardware 12 I 17901 Schedules—Field Instruments 1 17903 UO List 3 VOLUME 4 OF 4 : DRAWINGS ISee Sheet G-1 for Index of Drawings I TABLE OF CONTENTS TOC-4 IDecember 2015 1 . SECTION 00030 ADVERTISEMENT TO BID Sealed Bids will be received by Mike Kebbe,Project Manager,at the office of Clean Water Services (Owner)located at 16060 SW 85th Avenue,Tigard,Oregon 97224(Owner's office),until 2:00 p.m. local time,on January 7,2016,for the River Terrace North Pump Station and Force Main Project No.6631 (Project).Any Bids received after the specified time and date will not be considered.No electronic ' submissions will be accepted.First-Tier Subcontractor Disclosure Forms must be delivered to the same location at or before 4:00 p.m.local time on the same day in a separate envelope from the Bid. The Bids will be publicly opened and read at 4:00 p.m.local time at Owner's Office. The Work must be substantially complete by November 18,2016. The Work is a public works project subject to ORS 279C.800 to 279C.870. • The Work under this Contract will consist of,but is not limited to,furnishing all labor,materials and equipment necessary for the following: ' Furnishing all labor,materials and equipment necessary to construct a new 1,320-gallon per minute duplex pump station that can be expanded to be a 2,640-gallon per minute triplex pump station. Pump Station construction includes,but is not limited to,the following: 1)constructing a 12-foot diameter wet well with two 105-horsepower submersible pumps and space for a future third pump;2)piping and valves for the two pumps installed under this project and the future third pump including a flow meter on the pipe header; 3)constructing a 356-square foot control building made of concrete masonry, wood trusses and a composite roof sitting on a 459-square foot reinforced concrete valve vault;4)installing a 350-kilowatt(kw)permanent standby generator with base fuel tank and sound attenuation;5)installing approximately 56 feet of 12- inch diameter ductile iron force main,with pipe and valves for a bypass assembly, and coordinating with others for connection of that force main at the property line to the force main piping located connecofftitheon pumpofthat stationgravity site;sewer at 6)installing propea rtsixy footline diameter tothe bypassgravitysewer pumpinglocated manholeoffthe with approximately 19 feet of 30-inch diameter PVC gravity sanitary sewer and coordinating with others for pump station site; 7) installing and operating a temporary bypass pumping system and removing it after construction of the Project is complete; 8)constructing site improvements including earthwork,fencing,paving, landscaping and irrigation;and 9)performing associated site, mechanical,electrical and instrumentation work. The Work site is located on Washington County Tax Lot 2S1060001801 and is located approximately 1,300 feet south of SW Scholls Ferry Road and approximately 900 feet west of SW Roy Rogers Road in Tigard, Oregon(Site). The estimated construction cost of the Work is$2,050,000. Bidders may download an electronic copy of the Bidding Documents by signing in on OWNER's website at http://www.cleanwaterservices.org/AboutUs/Solicitations under the solicitation titled River Terrace North Pump Station and Force Main Project No.6631. Bidders must sign in on the website and upon signing in, an email with a link to download the Bidding Documents will be sent. Sign-in information will be accumulated by OWNER for a Planholders List,which is available on the website. Additional options for viewing,obtaining or purchasing the Bidding Documents,half-size or full-size drawings,or specifications are further described in Subsection 2.1 of Section 00100 and on OWNER's website. ADVERTISEMENT FOR BIDS 00030-1 DECEMBER 2015 I Bidders are responsible for obtaining any addenda from OWNER's website at http://www.cleanwaterservices.org/AboutUs/Solicitations. Bidders may subscribe to OWNER's Open ' Solicitations RSS feed through the website to receive notification when Addenda or clarifications to the Bidding Documents are posted. Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of ' the Total Bid Price payable to Owner as a guarantee that the Bidder,if its Bid is accepted,will promptly execute the Agreement.A Bid shall not be considered unless one of the forms of Bidder's security is enclosed with the Bid.Each Bid must contain a statement as to whether a Bidder is a Resident Bidder as defined by ORS 279A.120. The Bidder shall guarantee the Lump Sum and Unit Prices for a period of 60 calendar days from the date of Bid Opening. Prospective Bidders are encouraged to attend a pre-bid conference that will begin at 1:30 p.m.,local time on December 17,2015.The conference will be held in the conference room of the Treatment Plant Services ' office at 16060 SW 85th Avenue,Tigard,OR 97224.The purpose of the conference is to discuss the scope of the Project and the bidding requirements and to acquaint Bidders with constraints and conditions of the project.Detailed technical questions may be submitted in writing but they will be answered,if warranted,by addenda at a later time.Oral statements may not be relied upon and will not be binding or legally effective. ' ADMINISTRATIVE ISSUES:For assistance with administrative issues,contact the Owner: Jane Nishizaki ' Clean Water Services 16060 SW 85th Ave. Portland,OR 97224 Phone: 503-547-8175 TECHNICAL ISSUES:For technical issues,contact the ENGINEER: ' Andy Szatkowski,P.E. Murray,Smith&Associates, Inc. 121 SW Salmon, Suite 900 Portland,OR 97204 ' 503-225-9010 Prior to submitting its Bid,Bidder shall be licensed with the Oregon Construction Contractors Board as ' required by ORS 701.055, and thereafter comply with the requirements of ORS 701.035 to 701.137. Bidders need not be licensed under ORS 468A.720(regarding licensing of contractors on projects involving asbestos abatement.) ' Bidders shall be qualified in accordance with the applicable parts of ORS 279C in order to submit a bid for public work in Oregon. Owner reserves the right to cancel this solicitation or reject any Bid that does not comply with all ' prescribed public bidding procedures and requirements,including the requirement to demonstrate the Bidder's responsibility under ORS 279C.375(3)(b). Owner may reject any Bid in accordance with ORS 279C.395. Dated this 11th day of December,2015 ' Clean Water Services END OF SECTION 00030 i ADVERTISEMENT FOR BIDS 00030-2 ' DECEMBER 2015 1 SECTION 00100 INSTRUCTIONS TO BIDDERS RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 1 1. DEFINED TERMS Terms used in these Instructions to Bidders and the Advertisement to Bid, ' which are defined in the General Conditions, have the meanings assigned to them in the General Conditions. Certain additional terms used in the Bidding Documents have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 Bidder--One who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a price or quote to a Bidder. 1.2 Successful Bidder--Lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided)makes an award. 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents. Bidders may download an electronic copy of the Bidding Documents by signing in on OWNER's website at http://www.cleanwaterservices.org/AboutUs/Solicitations under the solicitation titled ' River Terrace North Pump Station and Force Main Project No. 6631. Bidders must sign in on the website and upon signing in, an email with a link to download the Bidding Documents will be sent. Sign-in information will be accumulated by OWNER for a ' Planholders List,which is available on the website. Bidding Documents are available by: 2.1.1 Reviewing a printed copy at the office of Murray Smith & Associates, Inc. (ENGINEER), 121 SW Salmon Ave, Suite 900, Portland, OR 97204, 503.225.9010. The ' names of Bidders who review Bidding Documents at ENGINEER's office will not be added to the Planholders List. 2.1.2 Purchasing half-size and full-size drawings, specifications, and addenda from Precision Images, 900 SE Sandy Blvd, Portland, OR 97214, 503.274.2030. The names of Bidders who purchase Bidding Documents from Precision Images will not be added to the ' Planholders List. 2.2 Bidders are responsible for obtaining any Addenda from OWNER's website at http://www.cleanwaterservices.org/AboutUs/Solicitations. Bidders may subscribe to OWNER's ' Open Solicitations RSS feed through the website to receive notification when Addenda or clarifications to the Bidding Documents are posted. 2.3 Bidding Documents made available on the above terms are only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. INSTRUCTIONS TO BIDDERS 00100-1 ' DECEMBER 2015 I 3. QUALIFICATIONS OF BIDDERS I 3.1 To demonstrate qualifications to perform the Work, the apparent Successful Bidder and other Bidders as determined by Owner, must be prepared to submit within seven days after Owner's 1 written request, evidence such as financial data, previous experience, present commitments, and other such data as may be called for in the Bidding Documents. I 3.2 Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to Contract award. I3.3 Bidders for public Work in Oregon shall be qualified in conformance with ORS Chapter 279C. I 3.4 Nothing indicated herein will prejudice Owner's right to seek additional pertinent information as provided in Article 14—Evaluation of Bids of this Section. 3.5 Bidders and every subcontractor performing work on the Project must have filed with the I Construction Contractors Board a public works bond in the amount of$30,000 with a corporate surety authorized to do business in the State of Oregon before starting work on the Project unless exempt under ORS 279C.836(4), (7), (8), or (9). Bidders must require in every subcontract that I the subcontractor have a public works bond filed with the Construction Contractors Board before starting Work on the Project unless exempt under ORS 279C.836(4),(7),(8),or(9). 4. LICENSING REQUIREMENTS I 4.1 A person, partnership, corporation, limitied liability company or joint venture shall have a current, valid license issued by the Oregon Construction Contractors Board, as required by IORS 701.055,prior to submitting a bid to do Work as a contractor or subcontractor. 5. ENVIRONMENTAL AND NATURAL RESOURCES LAWS AND REGULATIONS I5.1 Bidder's attention is directed to the General Requirements and Supplementary Conditions for ordinances and regulations dealing with the prevention of pollution and preservation of natural resources which may affect the performance of the Work. Bidder shall take such ordinances and Iregulations into consideration in preparing and submitting its Bid. 6. INTERPRETATIONS AND ADDENDA 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to the Engineer. Questions shall be submitted in writing only (i.e., mail, fax or e-mail). Additions, deletions, or revisions to the Bidding Documents considered necessary by the Engineer in Iresponse to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Owner as having received the Bidding Documents. Questions received less than 10 days prior to the date of Bids may not be answered. Only answers to such questions issued by formal I written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. I 6.2 Addenda may also be issued to make other additions, deletions, or revisions to the Bidding Documents. Bidders shall acknowledge receipt of all Addenda on the Bid Form in the appropriate space. I 6.3 Bidders shall make no special interpretation or inference of intent from differing formats in the Technical Specifications. I INSTRUCTIONS TO BIDDERS 00100-2 IDECEMBER 2015 7. BIDDER'S EXAMINATION OF BIDDING DOCUMENTS AND SITE 7.1 It is the responsibility of each Bidder before submitting a Bid: 7.1.1 To examine thoroughly the Bidding Documents and other related data identified in the Bidding Documents; 7.1.2 To visit the Site to become familiar with local conditions that may affect cost, progress, or performance of the Work; ' 7.1.3 To consider federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; ' 7.1.4 To study and carefully correlate the Bidder's observations with the Bidding Documents; and 7.1.5 To promptly notify the Engineer of all conflicts, errors, ambiguities, or discrepancies in or between the Bidding Documents and such other related data. 7.2 Copies of reports and drawings utilized by the Engineer in the preparation of the Bidding ' Documents will be made available by the Owner to any Bidder on request at cost of reproduction and handling, plus postage for mailing (if mailing is requested), if the reports and drawings are not bound herein. Those reports and drawings are not part of the Bidding Documents, but the technical data contained therein upon which the Bidder is entitled to reasonably rely, as provided in Paragraph SC-4.02 of the Supplementary Conditions,are incorporated herein by reference. 7.3 Information and data reflected in the Bidding Documents with respect to underground facilities at or contiguous to the Site are based upon information and data furnished to the Owner and Engineer by the owners of such underground facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 7.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders ' on subsurface conditions, underground facilities, and other physical conditions, and possible changes in the Bidding Documents due to differing conditions appear in Paragraphs 4.02 through 4.04 of the General Conditions. 111 7.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and underground facilities) at or contiguous to the Site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Bidding Documents. 7.6 On request, a minimum of two business days in advance, Owner will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Location of any excavation or boring shall be subject to prior approval of Owner and applicable agencies. Bidder shall fill all holes, restore all ' pavement to match existing structural section, and shall clean up and immediately restore the Site to its former condition upon completion of such explorations. 1 INSTRUCTIONS TO BIDDERS 00100-3 DECEMBER 2015 7.7 The lands upon which the Work is to be performed, rights-of-way, and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified ' in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be ' obtained and paid for by Owner unless otherwise provided in the Bidding Documents. 7.8 Submission of a Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Paragraph 7 and the following: 7.8.1 The Bid is premised upon performing the Work required by the Bidding Documents without exception by such means, methods, techniques, sequences, or procedures of construction(if any)as may be required by the Bidding Documents; 7.8.2 Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies in the Bidding Documents and the written resolution thereof by Engineer is acceptable to the Bidder;and 7.8.3 The Bidding Documents are sufficient in scope and detail to indicate and convey ' understanding of all terms and conditions for performance of the Work. 8. SUBCONTRACTORS,SUPPLIERS,AND OTHERS 8.1 ORS 279C.370 requires Bidders for Public Improvement Projects exceeding$100,000 to submit a disclosure form identifying first-tier Subcontractors that will furnish labor or labor and materials equal to 5 percent of the total Contract Price, but at least $15,000; or $350,000, regardless of • percentage of the total Contract Price. If no Subcontractors are subject to the disclosure requirements, write "NONE" on the form to be provided. Subcontractor disclosure forms not submitted with the Bid shall be submitted within two working hours of Bid closing. If Bidder ' fails to submit a disclosure form with the information required by the stated deadline, the Bid will be rejected. ' 8.2 The definition of a Subcontractor does not include Suppliers who provide materials only. 8.3 If the Successful Bidder declines to make a substitution of a Subcontractor, Supplier, person, or organization acceptable to Owner, as required by Paragraph 6.06.B of the General Conditions, ' Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner or Engineer subject to revocation of such acceptance after the effective date ' of the Agreement as provided in General Conditions Paragraph 6.06.B. 9. WAGE RATESBOLI FEE ' 9.1 The Work under these Bidding Documents is to be paid for by public funds.This is a public works project subject to the state prevailing rates of wage under ORS 279C.800 to 279C.870. Unless otherwise exempt,Contractor and any subcontractor must pay workers in each trade or ' occupation that Contractor or its subcontractors or other person who is a party to the Contract uses in performing all or a part of the Contract not less than the applicable minimum Oregon prevailing wage rate in accordance with ORS 279C.838 and ORS 279C.840 or 40 U.S.C. § 3141 INSTRUCTIONS TO BIDDERS 00100-4 ' DECEMBER 2015 et seq if subject to the Davis Bacon Act. The applicable Oregon minimum prevailing wage rates for such workers are contained in the publication July 1, 2015 Prevailing Wage Rates for Public Works Contracts in Oregon, including all applicable amendments(see link to Prevailing Wage Rates for Public Works Contracts in Oregon at http://egov.oregon.govBOLI/WHD/PWR/pwr_state.shtml) available at ' http://www.oregon.govBOLI, and are hereby incorporated herein as of the date these Bidding Documents were first advertised. 9.2 ORS 279C.365(1)(g) requires that all Bids for public work, including those public work projects ' financed by federal funds and subject to the Davis Bacon Act, shall include a statement by the Bidder that it will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. Section 3141 et seq. When the Bid Form in the Bidding Documents contains a statement of Bidder's declaration of compliance with ORS 279C.838, 279C.840 or 40 U.S.C. Section 3141 et seq., the Bidder's signing of the Bid constitutes compliance with this Oregon Statute. 9.3 Owner shall be responsible for paying the fee required by ORS 279C.825(1)to the Commissioner of the Bureau of Labor and Industries. 10. BID FORMS ' 10.1 The Bid shall be submitted on the Bid Forms provided herein. All blanks on the Bid Forms shall be completed by typing or printing in ink. All price information shall be shown in both words and figures where required. All names must be printed below the signatures. The Bid shall be submitted in a sealed envelope which shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "BID FOR" followed by the title of ' the Bidding Documents for the Work, the name of Owner, the address where Bids are to be delivered or mailed to, and the date and hour of opening of Bids. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with ' the notation"BID ENCLOSED"on the face of it. 10.2 First-Tier Subcontractor Disclosure Forms must be delivered to the same location for delivery of the Bids within two hours of the specified time for receipt of Bids. 1 10.3 Bidder's state Contractor license number for the State of Oregon shall be shown on the Bid Form. ' 10.4 Each Bid must identify whether the Bidder is a resident bidder, as defined by ORS 279A.120, by completing and submitting the Resident/Nonresident Bidder Status Form. 10.5 Bidder shall complete the Noncollusion Affidavit and submit it with its Bid. 11. BID CERTIFICATES 11.1 Bids by corporations must be executed in the corporate name by the president, a vice-president, or ' other corporate officer. The Bid shall be accompanied by the enclosed Certificate of Authority to sign, and shall be attested by the secretary or assistant secretary. The corporate address and state of incorporation must appear below the signature. ' 11.2 Bids by limited liability companies (LLC) must be executed under the name of the LLC and be signed by a manager if the LLC is manager-managed or a member if the LLC is member- managed, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the LLC must appear below the signature. INSTRUCTIONS TO BIDDERS 00100-5 DECEMBER 2015 11.3 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the partnership must appear below the signature. 11.4 Bids by joint ventures must be executed in the joint venture name and be signed by a joint venture managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the joint venture must appear below the signature. 12. DISQUALIFICATION OF BIDDERS. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. ' If Owner believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If Owner believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the Work. 13. QUANTITIES OF WORK 13.1 Bidder,by submitting a bid, certifies that it has carefully examined the Contract Documents; that it has personally inspected the Site or otherwise become familiar with all conditions pertaining to the WORK; that it has satisfied itself as to the quantities involved, including materials, labor, and equipment, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the quantities with the detailed requirements of the Contract Documents;and that this Bid is made according to the provisions and under the terms of the Contract Documents, which are hereby made a part of this Bid. 13.2 Payment to CONTRACTOR of the total Contract Price for performing all Work required under the Contract Documents,as adjusted for any approved Change Orders, shall be full compensation for furnishing all labor,materials,equipment,tools,and incidentals necessary to complete the Work in ' accordance with the Contract Documents.The quantities stated in the bid are approximate and given as a basis of calculation upon which the award of the Contract was made.District does not warrant that the actual individual items,amount of work,or quantities will correspond to those ' shown in the Bid Schedule. Payment will be made for the work actually performed as described in the Specifications.Quantities of work to be performed and materials to be furnished may either be increased,decreased,or omitted entirely. 14. EVALUATION OF BIDS 14.1 Owner will evaluate Bids to determine which responsible Bidder has made the lowest responsive Bid. Owner will make this evaluation in accordance with the Bidding Documents and applicable law. Owner may reject a Bid when it is in the public interest to do so, or when Owner finds that the Bidder has not demonstrated its responsibility to District as required by ORS 279C.375(3)(b) and as that term is used in any applicable Owner's Purchasing Rules and ORS 279A.010(1)(r). Owner may also reject Bids from Bidders declared ineligible under ORS 279C.860, from Bidders listed as not qualified by the State of Oregon Construction Contractors Board, from Bidders that have not met the requirements of ORS 279A.105(1), (2) or (3), and for other circumstances that indicate acceptance of the Bid may impair the integrity of the selection process. INSTRUCTIONS TO BIDDERS 00100-6 ' DECEMBER 2015 14.2 Owner reserves its right to reject any or all Bids, including without limitation the right to reject g J any or all nonconforming, nonresponsive,unbalanced or conditional Bids, and to reject the Bid of any Bidder if Owner believes that it would not be in the public interest to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner reserves the right to reject all Bids and rebid the Project if it is in the public interest to do so in accordance with ORS 279C.395. Owner also reserves the right to waive all informalities not involving price,time, or changes in the Work. 14.3 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. Owner shall have the right to ' accept alternates in any order or combination, unless otherwise provided in the Bidding Documents. 1111 14.4 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which their identity was required. Owner also may consider the operating costs, maintenance requirements, performance ' data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice of Award. 14.5 Owner may conduct such investigations as Owner deems necessary to assist in Bid evaluation and to establish responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to execute Work in accordance with the Bidding Documents to Owner's satisfaction within the prescribed time. 14.6 In determining the lowest responsible Bidder, Owner will for the purpose of awarding the Contract,add a percent increase on the Bid of a nonresident Bidder equal to the percent,if any,of ' the preference given to that Bidder in the state in which the Bidder resides. 14.7 If, at the time this Contract is to be awarded, the total of the lowest acceptable Bid exceeds the funds then estimated by Owner as available, Owner may reject all Bids or take such other action ' as best serves Owner's interests. 14.8 In the event of failure of the Successful Bidder to sign the Agreement and provide acceptable Performance and Payment Bond(s), insurance certificate(s), and other required documents, Owner may award the Contract to the next lowest responsive,responsible Bidder. 15. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place stipulated in the ' Advertisement to Bid. It is the Bidder's sole responsibility to see that its Bid is received in proper time and at the proper place. 16. BID SECURITY,BONDS,AND INSURANCE. Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Advertisement to Bid. The check or bond shall be made payable to Owner and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with Owner, and will furnish the necessary insurance certificates,Payment Bond,and Performance Bond; each of the bonds to be in the amount stated in the General Conditions and Supplementary Conditions and copies of Public Works Bonds. In case of refusal or failure to enter into the Agreement,the check or Bid Bond,as the case may be, shall be forfeited to Owner. If the Bidder elects to furnish a Bid Bond as its Bid security,the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. Bid Bonds 1 INSTRUCTIONS TO BIDDERS 00100-7 DECEMBER 2015 shall comply with the requirements applicable to payment and performance bonds in the General Conditions. 17. DISCREPANCIES IN BIDS. In the event there is more than one Bid item in a Bid Schedule, the Bidder shall furnish a price for all Bid items in the Schedule,and failure to do so will render the Bid non-responsive and may cause its rejection. In the event there are unit price Bid items in a Bidding Schedule and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity,the unit price shall govern and the amount will be corrected accordingly, and the BIDDER shall be bound by the correction. In the event there is more than one Bid item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the Bidder shall be bound by the correction.In the case of discrepancies between figures and written words,words shall govern. 18. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The Bid Forms shall be completed without interlineations, alterations,or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral,telegraphic,telephonic or electronic Bids or modifications will not be considered. 19. WITHDRAWAL OF BID. 19.1 The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Advertisement to Bid for receipt of Bids prior to the scheduled closing time for ' receipt of Bids. 19.2 If within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there - was a material and substantial mistake in the preparation of its Bid as determined by Oregon law and applicable portions of Owner's Purchasing Rules, Bidder may withdraw its Bid and the Bid security will be returned. Thereafter,Bidder will be disqualified from further consideration on the ' Work to be provided under the Contract Documents. 20. AWARD OF CONTRACT. Award of the Contract, if awarded, will be made to the lowest responsive, responsible Bidder whose Bid complies with the requirements of the Bidding Documents.Unless otherwise specified,any such award will be made within the period stated in the Advertisement to Bid that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule,Owner will award all Schedules. 21. RETURN OF BID SECURITY.Within 14 days after award of the Contract,Owner will return the ' Bid securities accompanying such Bids that are not being considered in making the award.All other Bid securities will be held until the Agreement has been finally executed.They will then be returned to the respective Bidders whose Bids they accompany. 22. EXECUTION OF AGREEMENT. 22.1 The Bidder to whom award is made shall execute a written Agreement with Owner on the form of ' agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Bidding Documents within ten calendar days after receipt of the Notice of Award from Owner. No changes to the Contract Documents will be allowed. Submission of a Bid constitutes 1 INSTRUCTIONS TO BIDDERS 00100-8 DECEMBER 2015 i acceptance of the terms of the Contract Documents. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, Owner may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, Owner may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement,each such Bidder's Bid securities shall be likewise forfeited to Owner. 22.2 Within ten Calendar days of Owner receiving properly executed Agreements and acceptable certificates and bonds,Owner will provide one fully executed Agreement to Contractor. ' 23. LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 24. RETAINAGE. Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. 25. PROTEST PROCEDURE. Owner has adopted its own Public Contracting Rules and is not subject to the Attorney General's Model Public Contracting Rules. Owner's procurement rules I have opportunities for Bidders to protest at various stages in the procurement process. This section only contains a brief summary of the deadlines for filing protests. It does not identify the conditions required to file a protest or the information required to be included in the protest. Copies of Owner's rules containing the protest process may be obtained by contacting Owner's representative. 25.1 Specification Protest Process: A Bidder must deliver a protest of specifications to the Owner in writing no later than ten calendar days prior to the due date for Bids. 25.2 Solicitation Protest: Under Owner's rules, prospective Bidders have the opportunity to protest the procurement process or this Invitation to Bid by submitting a written protest to Owner not less than ten calendar days prior to the due date for Bids. 25.3 Award Protest: Adversely affected Bidders will also have an opportunity to protest Owner's Notice of Intent to Award,but a written protest must be delivered to Owner within five calendar days of the date of the Notice of Intent to Award is posted. The award by the Owner's Board of Directors of the Contract shall constitute a final decision of the Owner to award the Contract if no written protest of the award is filed. 1 END OF SECTION 00100 I 1 I INSTRUCTIONS TO BIDDERS 00100-9 DECEMBER 2015 111 SECTION 00300 BID FORMS RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 BID TO: Clean Water Services 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into anreement Agreement g with Owner in the form included in the Contract Documents to perform the Work as specified or indicated in the Contract Documents entitled River Terrace North Pump Station and Force Main Project No.6631. 2. Bidder accepts all of the terms and conditions of the Bidding Documents and Contract Documents, including without limitation those in the Advertisement to Bid and Instructions to Bidders,dealing with the disposition of the Bid security. 3. This Bid will remain open for 60 days unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Advertisement to Bid and the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond,and copies of Public Works Bonds required by the Contract Documents. 4. Bidder agrees that as Contractor, it will comply with ORS 279C.838, 279C.840 or 40 U.S.C. Section 3141 et seq. 5. Bidder certifies that Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1) against any minority, women or emerging small business enterprises certified under ORS 200.055, or against a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225, in obtaining any required subcontracts. 6. Bidder certifies that it has in place or will implement before performance of the Work for this Project begins a mandatory employee drug-testing program. Bidder further certifies that it will demonstrate that the employee drug-testing program is in place. 7. Bidder by signing below hereby attests or affirms under penalty of perjury: That I am authorized to act on behalf of the Contractor in this matter that I have authority and knowledge regarding payment of taxes,and that Contractor is to the best of my knowledge,not in violation of any Oregon Tax Laws.For the purposes of this certification,"Oregon Tax Laws"means a state tax imposed by ORS 320.005 to 320.150; ORS 403.200 to 403.250; ORS Chapters 118, 314, 316, 317, 318, 320, 321, 323, the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620. 8. Bidder has examined copies of all the Contract Documents including the following addenda(receipt of all of which is hereby acknowledged): I 1 BID FORM 00300-1 DECEMBER 2015 Number Date I 1 I Failure to acknowledge receipt of Addenda may render the Bid non-responsive and may be cause for its rejection. 9. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, Site, locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of 1 the Work and has made such independent investigations as Bidder deems necessary. To all the foregoing,and including all Bid Forms contained in this Bid,the Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in the Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum Price(s) named in the Bid Forms. Bidder: Dated: 1 By: Name(Signature) 1 Name(Type or Print) ITitle: CCB No. 1 I I BID FORM 00300-2 DECEMBER 2015 I BID SCHEDULE FOR RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 Lump Sum Bid Schedule 1 Item No. Description Lump Sum Price Lump Sum price for River Terrace North Pump Station and Force Main, Project No. 6631, excluding items 2 through 6 listed below (figures) 1 (words) (words) THE AMOUNT IN WORDS SHALL TAKE PRECEDENCE 1 t I I I I I I BID FORM 00300-3 DECEMBER 2015 I I Unit Price Bid Schedule Item No. Description Unit Estimated Quantity Unit Price Amount Excavate bypass Imanhole, wet well and 2 valve vault to CY 763 $ $ subgrades shown on Ithe plans Overexcavation for 1 3 unsuitable foundation CY 50 $ $ conditions IFurnish & Install stone 4 embankment backfill as CY 3,730 $ $ shown on the plans I5 Rock Excavation CY 20 I6 Temporary bypass pumping: Mobilize equipment to r6a site and demobilize LS 1 $ $ after acceptance of pump station IOperate temporary ' 6b bypass pumping Days 190 $ $ I ITotal Bid for Unit Price Work $ (figures) I THE AMOUNT IN WORDS SHALL TAKE PRECEDENCE (words) I (words) I Abbreviations: LS = Lump Sum; CY= Cubic Yard I I BID FORM 00300-4 1 DECEMBER 2015 I I Total Bid Amount: Lump Sum Schedule Plus Unit Price Schedule 111 1 $ (figures) (words) (words) THE AMOUNT IN WORDS SHALL TAKE PRECEDENCE I I I I I 1 I 1 I I i I BID FORM 00300-5 DECEMBER 2015 I BID CERTIFICATE (if Corporation) RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 STATE OF ) ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of 1 a corporation existing under the laws of the State of ,was held on 1 2015,and the following resolution was duly passed and adopted: "RESOLVED,that ,as of this Corporation,be and is hereby authorized to execute the Bid dated ,2015 to Clean Water Services by this Corporation and that his/her execution thereof,attested by the Secretary of this Corporation shall be the official act and deed of this Corporation." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of ,2015. I (Signature) (Title) I Secretary I Address Address BID FORM 00300-6 DECEMBER 2015 I BID CERTIFICATE (If Limited Liability Company) RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 STATE OF ) )ss: COUNTY OF I HEREBY CERTIFY that a meeting of the Members or Managers of a limited liability company existing under the laws of the State of ,was held on ,2015,and the following resolution was duly passed and adopted: "RESOLVED,that as of this Limited Liability Company,be and is hereby authorized to execute the Bid dated 2015 to Clean Water Services by this Limited Liability Company and that his/her execution thereof, attested by a Member or Manager of this Limited Liability Company shall be the official act and deed of this Limited Liability Company." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of ,2015. I (Signature) (Title) (Address) I (Address) I 1 BID FORM 00300-7 DECEMBER 2015 BID CERTIFICATE C E (if Partnership) RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 STATE OF ) ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of a partnership existing under the laws of the State of ,was held on 2015,and the following resolution was duly passed and adopted: "RESOLVED,that , as of the Partnership, be and is hereby authorized to execute the Bid dated 2015 to Clean Water Services by this Partnership and that his/her execution 1111 , thereof,attested by the General Partner shall be the official act and deed of this Partnership." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of ,2015. 1 (Signature) (Title) I (Address) I (Address) I I BID FORM 00300-8 DECEMBER 2015 BID CERTIFICATE (if Joint Venture) RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 1 STATE OF ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of I a joint venture existing under the laws of the State of ,was held on 2015,and the following resolution was duly passed and adopted: I "RESOLVED,that ,as of the Joint Venture, be and is hereby authorized to execute the Bid dated , 2015 to Clean Water Services by this Joint Venture and that his/her execution thereof,attested by the shall be the official act and deed of this Joint Venture." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of 2015. Managing Partner I Address I Address BID FORM 00300-9 DECEMBER 2015 I BID BOND RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 KNOW ALL MEN BY THESE PRESENTS, That as Principal,and as Surety,are held and firmly bound unto Clean Water Services,hereinafter called "Owner,"in the sum of dollars, for the payment of which sum,well and truly to be made,we jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns firmly by these presents. WHEREAS,the Principal has submitted a Bid to Owner to perform the Work required under the Bid Forms of Owner's Contract Documents entitled River Terrace North Pump Station and Force Main Project No. 6631. NOW THEREFORE,if the Principal is awarded a contract by Owner and,within the time and in the manner required in the "Advertisement To Bid" and the"Instructions To Bidders"enters into a written Agreement on the form of agreement bound with the Contract Documents, furnishes the required certificates of insurance, and furnishes the required Performance Bond and Payment Bond, and performs in all other respects the agreement created by this Bid,then this obligation shall be null and void,otherwise it shall remain in full force and effect. The Surety stipulates and agrees that the obligation of the Surety shall in no way be impaired or affected by an extension of the time within which Owner may accept such Bid and the Surety further waives notice of any such extension. In the event suit is brought upon this bond by Owner and Owner prevails,the Principal and the Surety shall pay all costs incurred by Owner in such suit, including reasonable attorney's fees and costs to be fixed by the court. SIGNED,this day of ,2015. (Principal) (Surety) I By: By: (Signature) (Signature) (A Power of Attorney in Fact must be attached to this bond.) I BID FORM 00300-10 DECEMBER 2015 I NONCOLLUSION AFFIDAVIT RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 State of ) ) ss. County of ) I state that I am (Title) of (Name of Firm) and being first duly sworn, depose and say that I am authorized to make this Affidavit on behalf of this firm and its owners,directors,and officers. I state that: (1) The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, Bidder or potential Bidder, except as disclosed on the attached appendix; (2) Neither the price(s) nor other information included in this Bid have been disclosed to any other firm or person who is a Bidder or potential Bidder, and that they will not be disclosed prior to the I (3) award of the Contract(s); No attempt has been made or will be made to induce any firm or person to refrain from submitting a Bid, or to submit a Bid containing less competitive terms than those contained in this Bid; (4) The Bid of this firm is made in good faith and not pursuant to any agreement or discussion with,or inducement from,any firm or person to submit a complementary or other noncompetitive proposal; and (5) (Name of this Firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction,involving conspiracy or collusion with respect to proposing on any public contract,except as described on the attached appendix. I I I I BID FORM 00300-11 DECEMBER 2015 I I state that (Name of this Firm) understands and acknowledges that the above representations are material and important, and will be relied on by Clean Water Services in awarding the contract(s) for which this Bid is submitted. I understand and this firm understands that any misstatement in this Affidavit is and shall be treated as fraudulent concealment from Clean Water Services of the true facts relating to the submission of Bids for this Contract. Name of Company Signature/Position Sworn to and subscribed before me this day of , 2015, by 1 • I Notary Public for This Commission Expires: I I I I I I I BID FORM 00300-12 DECEMBER 2015 I 1 RESIDENT/NONRESIDENT BIDDER STATUS FORM I VER TERRACE NORTH PUMP STATION AND FORCE MAIN I PROJECT NO. 6631 Oregon law(ORS 279A.120)requires Owner,in determining the lowest responsible bidder,to add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to bidders I in the state in which that bidder resides. Consequently, each bidder must indicate whether it is a resident or nonresident bidder. A resident bidder is a bidder who has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of this bid, and has a business I address in Oregon, and has stated in its bid whether the bidder is a "resident bidder." A "nonresident bidder"is a bidder who is not a resident bidder. IThe undersigned bidder states that it is: (check one) ❑ A resident bidder. I0 A nonresident bidder. Indicate state in which Contractor resides: ICONTRACTOR'S LICENSING I Oregon law requires all contractors to be licensed with the Oregon Construction Contractors Board, or for landscaping projects with the Landscape Contractor's Board in order to submit a Bid to do work and to do work as a contractor or a landscape contractor, respectively. The undersigned Bidder states it is now Ilicensed by the Oregon Construction Contractors Board. Indicate Bidder's Construction Contractors or Landscape Contractors Board License No. I I Signature of Bidder I I I I 1 BID FORM 00300-13 1 DECEMBER 2015 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 Bid Closing:g at 2:00 p.m. ' Disclosure Submittal Deadline: 4:00 p.m. on This form must be submitted at the location specified in the Advertisement to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time. List below the names of each subcontractor that will be furnishing labor or furnishing labor and materials and that is required to be disclosed,the category of work that the subcontractor will be performing and the ' dollar value of the subcontract. Enter `NONE' if there are no subcontractors that need to be disclosed (ATTACH ADDITIONAL SHEETS IF NEEDED). Subcontractor Name Dollar Value Category of Work 1 I i Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award. Form Submitted by(Bidder Name): ' Contact Name: Phone No. ' SIGNATURE: By: • Title: ' Date: END OF SECTION 00300 I BID FORM 00300-14 DECEMBER 2015 I ' SECTION 00500 AGREEMENT RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN ' PROJECT NO. 6631 ' THIS AGREEMENT is dated as of the day of , 2015 by and between Clean Water Services(Owner)and (Contractor). Owner and Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1. WORK. Contractor shall complete the Work as specified or indicated in Owner's Contract Documents entitled River ' Terrace North Pump Station and Force Main Project No.6631 (Project). The Work under this Contract will consist of,but is not limited to,furnishing all labor,materials and equipment necessary for construction of a new 1,320-gallon per minute duplex pump station that can be expanded to be a 2,640-gallon per minute triplex pump station,including,but is not limited to: 1)constructing a 12-foot diameter wet well with two 105-horsepower submersible pumps and space for a future third pump; 2)piping and valves for the two pumps installed under ' this project and the future third pump including a flow meter on the pipe header;3)constructing a 356-square foot control building made of concrete masonry, wood trusses and a composite roof sitting on a 459-square foot reinforced concrete valve vault;4) installing a 350-kilowatt(kw) permanent standby generator with base fuel tank and sound attenuation; 5)installing approximately 56 feet of 12-inch diameter ductile iron force main,with pipe and valves for a bypass assembly,and coordinating with others for connection of that force main at the property line to the force main piping located off the pump station site; 6)installing a six foot diameter bypass pumping manhole with approximately 19 feet of 30-inch diameter PVC gravity sanitary sewer and coordinating with others for connection of that gravity sewer at the property line to the gravity sewer located off the pump station site; 7)installing and operating a temporary bypass ' pumping system and removing it after construction of the Project is complete; 8)constructing site improvements including earthwork,fencing,paving, landscaping and irrigation;and 9) performing associated site,mechanical,electrical and instrumentation work. ' ARTICLE 2. ENGINEER. Murray, Smith & Associates, Inc. (Engineer) is to act as Owner's representative, assume duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES. Milestone, Substantial Completion and Final Completion of the Work shall be completed within the following days from the commencement date in the Notice to Proceed (NTP) or by the dates identified below: ' Contractor Milestone 1) Initiate Temporary Pumping by May 16,2016 2) Substantial Completion by November 18, 2016 2) Final Completion by December 16,2016 AGREEMENT 00500-1 DECEMBER 2015 ' Owner Milestone 1) Owner-furnished Equipment Available for Contractor Pick Up by July 29,2016 ' Where the Contractor is prevented from performing the work due to delay in availability of Owner- furnished equipment beyond the control of the Contractor, the Contract Times shall be extended in an amount equal to the time lost due to such delay, and such extensions of the Contract Times shall be the Contractor's sole and exclusive remedy for such delay. ' ARTICLE 4. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the time(s) specified in Article 3 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in determining in a legal or other dispute resolution ' proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner the following amounts for each day that expires after the time ' specified in Article 3 herein: Contractor Milestone Liquidated Damages per Day 1) Initiate Temporary Pumping $1,100 2) Substantial Completion $1,100 3) Final Completion $500 In addition, Contractor shall pay damages of impacts to other contractors/suppliers affected by Contractor delays. Owner shall recover such liquidated damages by deducting the amount owed by change order or from the final payment or any retainage held by Owner. Each Milestone is a separate Contract requirement. Owner will not assess liquidated damage amounts cumulatively for failure to meet multiple Milestone dates. ' ARTICLE 5. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount(s) set forth in the conformed Bid Forms, which are included as an attachment to this Agreement. ARTICLE 6. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. ARTICLE 7. RETAINAGE. Prior to Final Completion, Owner shall retain from progress payments 5 percent of the value of Work completed. In lieu of retainage, and at Contractor's option,provisions may be made as provided in ORS 279C.560 for either depositing with Owner or in a bank or trust company, bonds or securities of value equal to the retainage, to be held for the benefit of Owner. Interest on such bonds or securities shall accrue to Contractor. Costs incurred by Owner as a result of this option will be deducted from Contractor's final payment. In lieu of retainage, Contractor may elect to have accumulated funds deposited by Owner, as provided in ORS 279C.560, in an interest-bearing account. Interest on such an account would accrue to Contractor. Costs incurred by Owner as a result of this option will be deducted from Contractor's final payment. 1 AGREEMENT 00500-2 DECEMBER 2015 I In lieu of retainage Contractor, with the approval of Owner, may deposit a surety bond for all or any portion of the retainage in a form acceptable to Owner. Such bond and any proceeds therefrom shall be made subject to all claims and liens as provided for in ORS 279C.550 to 279C.620. ' ARTICLE 8. PREVAILING WAGE RATESBOLI FEE/PUBLIC WORKS BOND REQUIRED. Contractor agrees that the provisions required by ORS 279C.830 pertaining to Contractor's payment of prevailing wage rates shall be included as part of this Agreement. Contractor shall pay workers at not less 1 than the specific minimum hourly rate of wages in accordance with ORS 279C.838 and 279C.840 and shall require its subcontractors to pay at such rates. The applicable Oregon prevailing wage rates for such workers are incorporated by reference in Section 00810. Contractors must include in every subcontract a provision requiring subcontractors to pay their workers at such rates. Owner will be responsible for paying the fee required by ORS 279C.825 to the Commissioner of the ' Bureau of Labor and Industries. Before starting any Work on the Project, Contractor shall have a public works bond filed with the Construction Contractors Board, unless exempt under ORS 279C.836(4), (7), (8), or(9). Contractor must also require in every subcontract that the subcontractor have a public works bond filed with the Construction Contractors Board before starting work on the Project unless exempt under ORS 279C.836(4), (7), (8),or(9). ' ARTICLE 9. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between Owner and Contractor concerning Work are: • Agreement • Permits from outside agencies ' • Addenda numbers to ,inclusive • Conformed Bid Forms ' • Contract Specifications: Divisions 00 and 01 (Except Sections 00030—Advertisement to Bid, and Section 00100—Instructions to Bidders); Divisions 02 through 17 ' • Contract Drawings • Executed Performance and Payment Bonds ' • Copies of Public Works Bonds from Contractor and every subcontractor on the Project There are no Contract Documents other than those listed in this Article 9. The Contract Documents may only be amended by Change Order as provided in Article 10 of the General Conditions. ARTICLE 10. ASSIGNMENT. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and • specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 1 AGREEMENT 00500-3 DECEMBER 2015 ARTICLE 11. PAYROLL AND CERTIFIED STATEMENT FILING AND ADDITIONAL RETAINAGE. Contractor or Contractor's surety, and every subcontractor or subcontractor's surety, shall file with Owner ' written payroll and certified statements (Certified Payrolls) that accurately and completely contain the payroll records for each week during which the Contractor or subcontractor employs a worker on a public works project.The Certified Payrolls shall contain the information required and conform to the requirements ' set forth in ORS 279C.845 and Oregon Administrative Rule 839-025-0010. Contractor shall file the Certified Payrolls with Owner once a month by the fifth business day of the following month. Once construction starts, Contractor shall file a Certified Payroll with District containing the notation"No Woik" each week that Contractor does not work on the Project. Owner shall retain 25 percent of any amount earned by Contractor, in addition to other retainage, on the Work until Contractor has filed with Owner the required Certified Payrolls. Owner shall pay Contractor the amount retained under this section within 14 days after the Contractor files the required Certified Payrolls required by this article regardless of whether a subcontractor has failed to file Certified Payrolls. Owner is not required to verify the truth of the contents of the Certified Payrolls filed by Contractor. Contractor shall retain 25 percent of any amount earned by a first-tier subcontractor on the Work until the subcontractor has filed with Owner the required Certified Payrolls. Contractor shall verify that the first-tier subcontractor has filed the Certified Payrolls before the Contractor may pay the subcontractor any amount retained under this article. Contractor shall pay the first-tier subcontractor the amount retained under this article within 14 days after the subcontractor files the Certified Payrolls required by this article. Neither Owner nor Contractor is required to verify the truth of the contents of the Certified Payrolls filed by the first-tier subcontractor. IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written. OWNER CONTRACTOR CLEAN WATER SERVICES 1 By: By: ' General Manager or Designee Title: Address forgiving g notices Address for giving notices 1 License No. Approved as to Form District Counsel AGREEMENT 00500-4 DECEMBER 2015 ' AGREEMENT CERTIFICATE (if Corporation) ' RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 STATE OF ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of 1 a corporation existing under the laws of the State of ,was held on ,2015,and the following resolution was duly passed and adopted: 1 "RESOLVED,that ,as ' President of the Corporation,be and is hereby authorized to execute the Agreement for River Terrace North Pump Station and Force Main Project No. 6631 by and between this Corporation and Clean Water Services and that his/her execution thereof,attested by the Secretary of the Corporation, shall be the official act and deed of this Corporation." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of 1 2015. I President Secretary I AGREEMENT 00500-5 DECEMBER 2015 1 AGREEMENT CERTIFICATE (if Limited Liability Company) RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 STATE OF I ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Members or Managers of (Insert Limited Liability Company Name Here) a limited liability company existing under the laws of the State of ,was held on ,2015,and the following resolution was duly passed and adopted: 1 "RESOLVED,that ,as the of the limited liability company,be and is hereby authorized to execute the Agreement for River Terrace North Pump Station and Force Main Project No.6631 by and between this limited liability company and Clean Water Services and that his/her execution thereof,attested by the shall be ' the official act and deed of this limited liability company." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of , 2015. By: Title: 1 I AGREEMENT 00500-6 DECEMBER 2015 1 ' AGREEMENT CERTIFICATE (if Partnership) RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 STATE OF I ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of I a partnership existing under the laws of the State of ,was held on ,2015,and the following resolution was duly passed and adopted: "RESOLVED,that , as of the Partnership,be and is hereby authorized to execute the Agreement for River Terrace North Pump Station and Force Main Project No.6631 by and between this Partnership and Clean Water Services and that his/her execution thereof,attested by the shall be the official act and deed of this Partnership." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of 2015. Partner 1 I 1 i AGREEMENT 00500-7 DECEMBER 2015 I AGREEMENT CERTIFICATE (if Joint Venture) 1 RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 STATE OF ) ' ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of a joint venture existing under the laws of the State of , was held on ,2015,and the following resolution was duly passed and adopted: "RESOLVED,that , as of the Joint Venture,be and is hereby authorized to execute the Agreement for River Terrace North Pump Station and Force Main Project No. 6631 by and between this Joint Venture and Clean Water Services and that his/her ' execution thereof,attested by the shall be the official act and deed of this Joint Venture." I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this ,day of ,2015. 1 Managing Partner END OF SECTION 00500 I i 1 i AGREEMENT 00500-8 DECEMBER 2015 I 111 SECTION 00610 PERFORMANCE BOND FOR RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 Bond No: Bond Amount: $: KNOW ALL MEN BY THESE PRESENTS,that as Contractor, and corporation, duly authorized to do general surety business in the State of Oregon, as Surety, are jointly and severally held and bound unto Clean Water Services, hereinafter referred to as the Obligee, in the sum of DOLLARS ($ ) for the payment of which we bind ourselves, our heirs, executors, administrators, successors,and assigns,jointly and severally, and firmly by these presents. This bond is executed under the authority of ORS Chapters 279A, 279B, and 279C, of the State of Oregon,the provisions of which are hereby incorporated into this bond and made a part thereof. fTHE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Contractor has been conditionally awarded a contract for River Terrace North Pump Station and Force Main Project No. 6631 by the Obligee, which contract, including all Contract Documents, is by this reference expressly incorporated herein. NOW THEREFORE, the condition of this bond is such that if the Contractor shall faithfully perform all the provisions of such Contract for the duration thereof, including the one-year correction period described in Contract Documents, and indemnify and save harmless the Obligee from any claim for ' damages of every kind and description or injury to property or persons arising or alleged to have arisen by reason of the work; and shall, in the time and manner, and under the terms and conditions prescribed, faithfully do,perform, and furnish all matters and things as by them in the Contract undertaken, and as by law,local, state, and federal,prescribed,then this obligation shall be void; otherwise it shall remain in full force and effect. PERFORMANCE BOND 00610-1 DECEMBER 2015 1 PROVIDED, HOWEVER: 1 In no event shall the Surety be liable for greater sum than the amount of this bond. The Surety for the value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the term of the Contract Documents, or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the 1 Contract,or to the work,or to the Contract Documents. Signed this day of 2015. 1 ADDRESS CONTRACTOR PHONE NUMBER By: Title: SURETY 1 By: Attorney in Fact 1 Approved as to Form Address of Surety's Resident Agent District Counsel END OF SECTION 00610 I 1 PERFORMANCE BOND - 00610-2 DECEMBER 2015 I SECTION 00620 PAYMENT BOND FOR RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 Bond No: Bond Amount: $: KNOW ALL MEN BY THESE PRESENTS,that 1 as Contractor, and a corporation,duly authorized to do a general surety business in the State of Oregon, as Surety,are jointly and severally held and bound unto Clean Water Services, hereinafter referred to as the Obligee, in the sum of DOLLARS ($ ) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, and firmly by these presents. This bond is executed under the authority of ORS Chapters 279A, 279B, and 279C, of the State of Oregon,the provisions of which are hereby incorporated into this bond and made a part thereof. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Contractor has been conditionally awarded a contract for River Terrace North Pump Station and Force Main Project No. 6631 by the Obligee, which contract, including all Contract Documents,is by this reference expressly incorporated herein. NOW THEREFORE,the condition of this bond is such that if the Contractor shall faithfully and promptly pay all laborers, mechanics, subcontractors, materialmen, and all persons who supply such work and services, and indemnify and save harmless the Obligee from any claim for damages of every kind and description or injury to property or persons arising or alleged to have arisen by reason of the work; and shall, in the time and manner, and under the terms and conditions prescribed, faithfully do, perform, and furnish all matters and things as by them in the Contract undertaken, and as by law, local, state, and federal,prescribed,then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER: _ In no event shall the Surety be liable for a greater sum than the amount of this bond. The Surety for the value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the term of the Contract Documents, or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it I PAYMENT BOND 00620-1 DECEMBER 2015 I ' does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Contract Documents. Signed this day of , 2015. I ADDRESS CONTRACTOR PHONE NUMBER By: I Title: i SURETY By: Attorney in Fact 1 r Approved as to Form Address of Surety's Resident Agent 1 District Counsel END OF SECTION 00620 1 1 1 PAYMENT BOND 00620-2 DECEMBER 2015 SECTION 00700 GENERAL CONDITIONS RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 r i �r 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 Law. I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by • ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By �.-- --\ 0 National Society of C Ab,EEICM Courier! E �,P�„ Professional Engineers. Mai WawaIn Mirage AtuartiusliwootresewlivalA PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS 1 AMERICAN COUNCIL OF ENGINEERING COMPANIES I AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-0 December 2015 I I GI rid I �!-. . The Associated General Contractors of America I ' ) ustai roT creaorg 4i1J ana sustaining the Built Environment IConstruction Specifications Institute I I I I I I I I 1 1 I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-1 December 2015 I 1 I I • I Copyright©2002 National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314 American Council of Engineering Companies 1015 15th Street,N.W.,Washington,DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 I I I I I r I These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos.C-520 or C-525 (2002 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 EJCDC Construction Documents,General and Instructions(No.C-001)(2002 Edition).For guidance in the preparation of Supplementary Conditions,see Guide to the Preparation of Supplementary Conditions(No.C-800)(2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-2 December 2015 I I TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 5 1 1.01 Defined Terms 5 1.02 Terminology 8 ARTICLE 2ti-PRELIMINARY MATTERS 9 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 10 2.03 Commencement of Contract Times;Notice to Proceed 10 2.04 Starting the Work 10 2.05 Before Starting Construction 10 2.06 Preconstruction Conference 10 2.07 Initial Acceptance of Schedules 10 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 11 3.01 Intent 11 1 3.02 Reference Standards 11 3.03 Reporting and Resolving Discrepancies 11 3.04 Amending and Supplementing Contract Documents 12 1 3.05 Reuse of Documents 12 3.06 Electronic Data 13 ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 13 1 4.01 Availability of Lands , 13 4.02 Subsurface and Physical Conditions 14 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-3 December 2015 I I 4.03 Differing Subsurface or Physical Conditions 14 I 4.04 Underground Facilities 15 4.05 Reference Points 16 4.06 Hazardous Environmental Condition at Site 16 I ARTICLE 5 -BONDS AND INSURANCE 18 5.01 Performance, Payment, and Other Bonds 18 5.02 Licensed Sureties and Insurers 19 5.03 Certificates of Insurance 19 5.04 Contractor's Liability Insurance 19 111 5.05 Owner's Liability Insurance - 20 5.06 Property Insurance 20 5.07 Waiver of Rights 22 5.08 Receipt and Application of Insurance Proceeds 23 5.09 Acceptance of Bonds and Insurance; Option to Replace 23 I 5.10 Partial Utilization,Acknowledgment of Property Insurer 23 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 24 6.01 Supervision and Superintendence 24 6.02 Labor; Working Hours 24 6.03 Services,Materials, and Equipment 24 i 6.04 Progress Schedule 24 11 6.05 Substitutes and "Or-Equals" 25 6.06 Concerning Subcontractors, Suppliers, and Others 27III 6.07 Patent Fees and Royalties 28 6.08 Permits 29 I 6.09 Laws and Regulations 29 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-4 December 2015 I I I6.10 Taxes 29 I6.11 Use of Site and Other Areas 29 6.12 Record Documents 30 1 6.13 Safety and Protection 30 6.14 Safety Representative 31 I6.15 Hazard Communication Programs 31 I6.16 Emergencies 31 6.17 Shop Drawings and Samples 31 1 6.18 Continuing the Work 33 6.19 Contractor's General Warranty and Guarantee 33 6.20 Indemnification 34 I6.21 Delegation of Professional Design Services 34 ARTICLE 7 -OTHER WORK AT THE SITE 35 1 7.01 Related Work at Site 35 7.02 Coordination 36 I7.03 Legal Relationships 36 IARTICLE 8 -OWNER'S RESPONSIBILITIES 36 8.01 Communications to Contractor 36 1 8.02 Replacement of Engineer 36 I8.03 Furnish Data 36 8.04 Pay When Due 37 I8.05 Lands and Easements;Reports and Tests 37 8.06 Insurance 37 1 8.07 Change Orders 37 I8.08 Inspections, Tests, and Approvals 37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-5 December 2015 I I 8.09 Limitations on Owner's Responsibilities 37 I 8.10 Undisclosed Hazardous Environmental Condition 37 , 8.11 Evidence of Financial Arrangements 37 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION 37 ,1 9.01 Owner's Representative 37 9.02 Visits to Site 37 9.03 Project Representative 38 9.04 Authorized Variations in Work 38 9.05 Rejecting Defective Work 38 I 9.06 Shop Drawings, Change Orders and Payments 39 9.07 Determinations for Unit Price Work 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 39 1 9.09 Limitations on Engineer's Authority and Responsibilities 39 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 40 I 10.01 Authorized Changes in the Work 40 111 10.02 Unauthorized Changes in the Work 40 10.03 Execution of Change Orders 40 I 10.04 Notification to Surety 41 10.05 Claims 41 111 ARTICLE 11 -COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 42 11.01 Cost of the Work 42 11.02 Allowances 44 1 11.03 Unit Price Work 45 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 45 1 12.01 Change of Contract Price 45 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-6 December 2015 I I i12.02 Change of Contract Times 46 1 12.03 Delays 46 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF IDEFECTIVE WORK 47 13.01 Notice of Defects 47 1 13.02 Access to Work 47 13.03 Tests and Inspections 47 I13.04 Uncovering Work 48 I13.05 Owner May Stop the Work 49 13.06 Correction or Removal of Defective Work 49 I13.07 Correction Period 49 13.08 Acceptance of Defective Work 50 I13.09 Owner May Correct Defective Work I 50 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 51 14.01 Schedule of Values 51 1 14.02 Progress Payments 51 14.03 Contractor's Warranty of Title 54 I 14.04 Substantial Completion 54 1 14.05 Partial Utilization 55 14.06 Final Inspection 55 1 14.07 Final Payment 55 14.08 Final Completion Delayed 56 I 14.09 Waiver of Claims 57 IARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 57 15.01 Owner May Suspend Work 57 I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 11 GENERAL CONDITIONS 00700-7 December 2015 I I 15.02 Owner May Terminate for Cause 57 1Terminate oi58 I 15.045.03 ContractorOwnerMay May Stop Work r oConvenr Terminateence 59 ARTICLE 16-DISPUTE RESOLUTION 59 1 16.01 Methods and Procedures 59 ARTICLE 17 -MISCELLANEOUS 60 17.01 Giving Notice 60 17.02 Computation of Times 60 17.03 Cumulative Remedies 60 / 17.04 Survival of Obligations 60 17.05 Controlling Law 60 17.06 Headings 60 I t I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-8 December 2015 I I I GENERAL CONDITIONS 8. Biddin Re r g qua The Advertisement or Invitation to Bid, Instructionsements to ARTICLE 1 -DEFINITIONS AND Bidders, bid security of acceptable form, if any, and TERMINOLOGY the Bid Form with any supplements. I 9. Change Order--A document 1.01 Defined Terms recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, A. Wherever used in the Bidding deletion, or revision in the Work or an adjustment in Requirements or Contract Documents and printed with the Contract Price or the Contract Times,issued on or I initial capital letters, the terms listed below will have after the Effective Date of the Agreement. the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms 10. Claim--A demand or assertion by Owner specifically defined,terms with initial capital letters in or Contractor seeking an adjustment of Contract Price I the Contract Documents include references to or Contract Times,or both,or other relief with respect identified articles and paragraphs, and the titles of to the terms of the Contract. A demand for money or other documents or forms. services by a third party is not a Claim. I1. Addenda--Written or 11. Contract The entire and integrated graphic instruments issued prior to the opening of Bids written agreement between the Owner and Contractor which clarify, correct, or change the Bidding concerning the Work. The Contract supersedes prior I Requirements or the proposed Contract Documents. negotiations, representations, or agreements, whether written or oral. 2.Agreement--The written instrument which is evidence of the agreement between Owner and 12. Contract Documents Those items so Contractor covering the Work. designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are 3. Application for Payment--The form Contract Documents.Approved Shop Drawings,other I acceptable to Engineer which is to be used by Contractor's submittals, and the reports and drawings Contractor during the course of the Work in requesting of subsurface and physical conditions are not Contract I progress or final payments and which is to be Documents. accompanied by such supporting documentation as is I required by the Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in 4.Asbestos--Any material that contains more accordance with the Contract Documents as stated in Ithan one percent asbestos and is friable or is releasing the Agreement(subject to the provisions of Paragraph asbestos fibers into the air above current action levels 11.03 in the case of Unit Price Work). established by the United States Occupational Safety I and Health Administration. 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve 5. Bid--The offer or proposal of a Bidder Milestones, if any, (ii)achieve Substantial submitted on the prescribed form setting forth the Completion; and (iii) complete the Work so that it is I prices for the Work to be performed. ready for final payment as evidenced by Engineer's written recommendation of final payment. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents 16. Cost of the Work--See Paragraph 11.01.A I (including all Addenda). for definition. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-9 December 2015 I 1 of the Contract completion date or time prior to Substantial I 17. Drawings--That part P Documents prepared or approved by Engineer which Completion of all the Work. graphically shows the scope, extent, and character of Award--The written notice 27. Notice ofby the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Owner to the Successful Bidder stating that upon Drawings as so defined. timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign 18. Effective Date of the Agreement--The and deliver the Agreement. date indicated in the Agreement on which it becomes effective,but if no such date is indicated,it means the 28.Notice to Proceed--A written notice given date on which the Agreement is signed and delivered by Owner to Contractor fixing the date on which the by the last of the two parties to sign and deliver. Contract Times will commence to run and on which Contractor shall start to perform the Work under the 19.Engineer--The individual or entity named Contract Documents. as such in the Agreement. 29. Owner--The individual or entity with 20. Field Order--A written order issued by whom Contractor has entered into the Agreement and Engineer which requires minor changes in the.Work for whom the Work is to be performed. but which does not involve a change in the Contract Price or the Contract Times. 30.PCBs--Polychlorinated biphenyls. 21. General Requirements--Sections of 31. Petroleum--Petroleum, including crude Division 1 of the Specifications. The General oil or any fraction thereof which is liquid at standard Requirements pertain to all sections of the conditions of temperature and pressure (60 degrees Specifications. Fahrenheit and 14.7 pounds per square inch absolute), such as oil,petroleum, fuel oil, oil sludge, oil refuse, 22. Hazardous Environmental gasoline, kerosene, and oil mixed with other Condition--The presence at the Site of Asbestos, non Hazardous Waste and crude oils. I PCBs, Petroleum, Hazardous Waste, or 32.Progress Schedule--A schedule,prepared Radioactive Material in such quantities or and maintained by Contractor,describing the sequence circumstances that may present a substantial and duration of the activities comprising the Contractor's plan to accomplish the Work within the danger to persons or property exposed thereto in Contract Times. connection with the Work. 33. Project--The total construction of which 23. Hazardous Waste--The term Hazardous the Work to be performed under the Contract Waste shall have the meaning provided in Section Documents may be the whole,or a part. , 1004 of the Solid Waste Disposal Act(42 USC Section 1 6903)as amended from time to time. 34.Project Manual--The bound documentary information prepared for bidding and constructing the 24. Laws and Regulations; Laws or Work.A listing of the contents of the Project Manual, Regulations--Any and all applicable laws, rules, which may be bound in one or more volumes, is regulations, ordinances, codes, and orders of any and contained in the table(s)of contents. all governmental bodies, agencies, authorities, and courts having jurisdiction. 35. Radioactive Material--Source, special nuclear, or byproduct material as defined by the 25. Liens--Charges, security interests, or Atomic Energy Act of 1954 (42 USC Section 2011 et encumbrances upon Project funds, real property, or seq.)as amended from time to time. personal property. 36. Related Entity -- An officer, director, 26.Milestone--A principal event specified in partner,employee,agent,consultant,or subcontractor. 1 the Contract Documents relating to an intermediate EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-10 December 2015 i 37. Resident Project Representative--The sufficientlycomplete,in accordance P with the Contract authorized representative of Engineer who may be Documents, so that the Work (or a specified part assigned to the Site or any part thereof. thereof)can be utilized for the purposes for which it is intended. The terms "substantially complete" and 38.Samples--Physical examples of materials, "substantially completed" as applied to all or part of equipment, or workmanship that are representative of the Work refer to Substantial Completion thereof. some portion of the Work and which establish the standards by which such portion of the Work will be 46. Successful Bidder--The Bidder judged. submitting a responsive Bid to whom Owner makes an award. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required 47. Supplementary Conditions--That part of submittals and the time requirements to support the Contract Documents which amends or scheduled performance of related construction supplements these General Conditions. activities. 48.Supplier--A manufacturer,fabricator, 40.Schedule of Values--A schedule,prepared supplier, distributor, materialman, or vendor and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and having a direct contract with Contractor or with used as the basis for reviewing Contractor's any Subcontractor to furnish materials or Applications for Payment. equipment to be incorporated in the Work by 41. Shop Drawings--All drawings, Contractor or any Subcontractor. diagrams, illustrations, schedules, and other data 49. Underground Facilities All or information which are specifically prepared or underground pipelines, conduits,ducts, cables, wires, assembled by or for Contractor and submitted by manholes, vaults, tanks, tunnels, or other such Contractor to illustrate some portion of the Work. facilities or attachments, and any encasements containing such facilities,including those that convey electricity, gases, steam, liquid petroleum products, 1 42. Site--Lands or areas indicated in the telephone or other communications, cable television, R Contract Documents as being furnished by Owner water, wastewater, storm water, other liquids or upon which the Work is to be performed, including chemicals,or traffic or other control systems. rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 43. Specifications--That part of the Contract 51. Work—The entire construction or the Documents consisting of written requirements for various separately identifiable parts thereof required to materials, equipment, systems, standards and be provided under the Contract Documents. Work workmanship as applied to the Work, and certain includes and is the result of performing or providing administrative requirements and procedural matters all labor, services, and documentation necessary to applicable thereto. produce such construction, and furnishing, installing, and incorporating all materials and equipment into 44. Subcontractor--An individual or entity such construction, all as required by the Contract having a direct contract with Contractor or with any Documents. other Subcontractor for the performance of a part of the Work at the Site. 52. Work Change Directive--A written 1 statement to Contractor issued on or after the Effective 45. Substantial Completion The time at Date of the Agreement and signed by Owner and which the Work (or a specified part thereof) has recommended by Engineer ordering an addition, progressed to the point where, in the opinion of deletion, or revision in the Work, or responding to Engineer, the Work (or a specified part thereof) is differing or unforeseen subsurface or physical EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-11 December 2015 I I conditions under which the Work is to be performed a. does not conform to the Contract I or to emergencies.A Work Change Directive will not Documents, or change the Contract Price or the Contract Times but is evidence that the parties expect that the change b. does not meet the requirements of any ordered or documented by a Work Change Directive applicable inspection, reference will be incorporated in a subsequently issued Change standard, test, or approval referred to in Order following negotiations by the parties as to its the Contract Documents,or effect,if any,on the Contract Price or Contract Times. 1.02 Terminology c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection A. The following words or terms are not thereof has been assumed by Owner at defined but, when used in the Bidding Requirements Substantial Completion in accordance or Contract Documents,have the following meaning. with Paragraph 14.04 or 14.05). B.Intent of Certain Terms or Adjectives E.Furnish, Install, Perform, ProvideI 1.The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as 1. The word "furnish," when used in directed"or terms of like effect or import to authorize connection with services, materials, or equipment, an exercise of professional judgment by Engineer. In shall mean to supply and deliver said services, addition, the adjectives "reasonable," "suitable," materials, or equipment to the Site (or some other "acceptable,""proper,""satisfactory,"or adjectives of specified location)ready for use or installation and in like effect or import are used to describe an action or usable or operable condition. determination of Engineer as to the Work. It is intended that such exercise of professional judgment, 2. The word "install," when used in action or determination will be solely to evaluate, in connection with services, materials, or equipment, general, the Work for compliance with the shall mean to put into use or place in final position said requirements of and information in the Contract services, materials, or equipment complete and ready Documents and conformance with the design concept for intended use. of the completed Project as a functioning whole as shown or indicated in the Contract Documents(unless 3. The words "perform" or "provide," when there is a specific statement indicating otherwise).The used in connection with services, materials, or use of any such term or adjective is not intended to and equipment, shall mean to furnish and install said shall not be effective to assign to Engineer any duty or services, materials, or equipment complete and ready authority to supervise or direct the performance of the for intended use. Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 4. When "furnish," "install," "perform," or 9.09 or any other provision of the Contract "provide" is not used in connection with services, Documents. materials, or equipment in a context clearly requiring an obligation of Contractor,"provide"is implied. C.Day F. Unless stated otherwise in the Contract 1. The word "day" means a calendar Documents, words or phrases which have a well- day of 24 hours measured from midnight to the next known technical or construction industry or trade midnight. meaning are used in the Contract Documents in accordance with such recognized meaning. D.Defective ARTICLE 2-PRELIMINARY MATTERS I 1.The word"defective,"when modifying the word "Work," refers to Work that is unsatisfactory, faulty,or deficient in that it: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-12 December 2015 1 2.01 Delivery of Bonds and Evidence of otherwise specified in the General P Requirements), Insurance Contractor shall submit to Engineer for timely review: 1 A. When Contractor delivers the executed 1• a preliminary Progress Schedule; counterparts of the Agreement to Owner, Contractor indicating the times (numbers of days or dates) for shall also deliver to Owner such bonds as Contractor starting and completing the various stages of the may be required to furnish. Work, including any Milestones specified in the Contract Documents; B. Evidence of Insurance: Before any Work at the Site is started,Contractor and Owner shall each 2.a preliminary Schedule of Submittals;and deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, 3.a preliminary Schedule of Values for all of certificates of insurance (and other evidence of the Work which includes quantities and prices of items insurance which either of them or any additional which when added together equal the Contract Price insured may reasonably request)which Contractor and and subdivides the Work into component parts in Owner respectively are required to purchase and sufficient detail to serve as the basis for progress maintain in accordance with Article 5. 2.02 Copies of Documents A.Owner shall furnish to Contractor up to ten 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 printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 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 2.03 Commencement of Contract Times; Notice to Proceed A.The Contract Times will commence to run Ion the thirtieth day after the Effective Date of the 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. Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to 2.07 Initial Acceptance of Schedules 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 A. At least 10 days before submission of the sixtieth day after the day of Bid opening or the thirtieth first Application for Payment a conference attended by day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A.Contractor shall start to perform the Work on the date when the Contract Times commence to run. 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 No Work shall be done at the Site prior to the date on Engineer. which the Contract Times commence to run. 1. The Progress Schedule will be acceptable 2.05 Before Starting Construction to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such A. Preliminary Schedules: Within 10 days acceptance will not impose on Engineer responsibility after the Effective Date of the Agreement (unless for the Progress Schedule,for sequencing,scheduling, or progress of the Work nor interfere with or relieve EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-13 December 2015 I I Contractor from Contractor's full responsibility be otherwise specifically stated in the Contract therefor. Documents. 2. Contractor's Schedule of Submittals will 2. No provision of any such standard, I be acceptable to Engineer if it provides a workable specification, manual or code, or any instruction of a arrangement for reviewing and processing the required Supplier shall be effective to change the duties or submittals. responsibilities Of Owner,Contractor, or Engineer, or II any of their subcontractors, consultants, agents, or 3. Contractor's Schedule of Values will be employees from those set forth in the Contract acceptable to Engineer as to form and substance if it Documents.No such provision or instruction shall be provides a reasonable allocation of the Contract Price effective to assign to Owner, or Engineer, or any of, i to component parts of the Work. their Related Entities, any duty or authority to supervise or direct the performance of the Work or any ARTICLE 3 - CONTRACT DOCUMENTS: duty or authority to undertake responsibility 1 INTENT,AMENDING,REUSE inconsistent with the provisions of the Contract Documents. 3.01 Intent 3.03 Reporting and Resolving 1 Discrepancies A. The Contract Documents are complementary;what is required by one is as binding A.Reporting Discrepancies as if required by all. 1. Contractor's Review of Contract B. It is the intent of the Contract Documents Documents Before Starting Work:Before undertakingI to describe a functionally complete Project (or part each part of the Work,Contractor shall carefully study thereof) to be constructed in accordance with the and compare the Contract Documents and check and Contract Documents. Any labor, documentation, verify pertinent figures therein and all applicable field III services,materials,or equipment that may reasonably measurements. Contractor shall promptly report in be inferred from the Contract Documents or from writing to Engineer any conflict, error, ambiguity, or prevailing custom or trade usage as being required to discrepancy which Contractor may discover and shall produce the intended result will be provided whether obtain a written interpretation or clarification from or not specifically called for at no additional cost.toEngineer before proceeding with any Work affected Owner. thereby. C. Clarifications and interpretations of the 2. Contractor's Review of Contract I Contract Documents shall be issued by Engineer as Documents During Performance of Work: If, during provided in Article 9. the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within 3.02 Reference Standardsthe Contract Documents or between the Contract Documents and any provision of any Law or A. Standards, Specifications, Codes, Laws, Regulation applicable to the performance of the Work and Regulations or of any standard,specification,manual or code,or of any instruction of any Supplier, Contractor shall 1. Reference to standards, specifications, promptly report it to Engineer in writing. Contractor manuals, or codes of any technical society, shall not proceed with the Work affected thereby organization, or association, or to Laws or (except in an emergency as required by Paragraph Regulations, whether such reference be specific or by 6.16.A) until an amendment or supplement to the implication, shall mean the standard, specification, Contract Documents has been issued by one of the manual, code, or Laws or Regulations in effect at the methods indicated in Paragraph 3.04. time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 GENERAL CONDITIONS 00700-14 December 2015 I IIC.Contractor shall not be responsible for any Paragraph 10.05. Owner may have such deleted Hazardous Environmental Condition uncovered or portion of the Work performed by Owner's own forces I revealed at the Site which was not shown or indicated or others in accordance with Article 7. in.Drawings or Specifications or identified in the Contract Documents to be within the scope of the G. To the fullest extent permitted by Laws Work.Contractor shall be responsible for a Hazardous and Regulations, Owner shall indemnify and hold I Environmental Condition created with any materials harmless Contractor, Subcontractors, and Engineer, brought to the Site by Contractor, Subcontractors, and the officers, directors, partners, employees, Suppliers, or anyone else for whom Contractor is agents, consultants, and subcontractors of each and I responsible. any of them from and against all claims,costs,losses, and damages(including but not limited to all fees and D. If Contractor encounters a Hazardous charges of engineers, architects, attorneys, and other Environmental Condition or if Contractor or anyone professionals and all court or arbitration or other I for whom Contractor is responsible creates a Hazardous Environmental Condition,Contractor shall dispute resolution costs)arising out of or relating to a Hazardous Environmental Condition, provided that immediately: (i) secure or otherwise isolate such such Hazardous Environmental Condition: (i)was not condition; (ii) stop all Work in connection with such shown or indicated in the Drawings or Specifications condition and in any area affected thereby (except in or identified in the Contract Documents to be included an emergency as required by Paragraph 6.16.A); and within the scope of the Work,and(ii)was not cheated (iii) notify Owner and Engineer (and promptly by Contractor or by anyone for whom Contractor is I thereafter confirm such notice in writing).Owner shall promptly consult with Engineer concerning the responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity necessity for Owner to retain a qualified expert to from and against the consequences of that individual's I evaluate such condition or take corrective action, if or entity's own negligence. any. H. To the fullest extent permitted by Laws E.Contractor shall not be required to resume and Regulations,Contractor shall indemnify and hold I Work in connection with such condition or in any affectedharmless Owner and Engineer, and the officers, area until after Owner has obtained any directors, partners, employees, agents, consultants, required permits related thereto and delivered to and subcontractors of each and any of them from and Contractor written notice: (i) specifying that such against all claims, costs, losses, and damages I condition and any affected area is or has been rendered (including but not limited to all fees and charges of safe for the resumption of Work;or(ii)specifying any engineers, architects, attorneys, and other special conditions under which such Work may be professionals and all court or arbitration or other I resumed safely.If Owner and Contractor cannot agree dispute resolution costs)arising out of or relating to a as to entitlement to or on the amount or extent,if any, Hazardous Environmental Condition created by of any adjustment in Contract Price or Contract Times, •Contractor or by anyone for whom Contractor, is or both, as a result of such Work stoppage or such responsible. Nothing in this Paragraph 4.06.H shall I special conditions under which Work is agreed to be obligate Contractor to indemnify any individual or resumed by Contractor,either party may make a Claim entity from and against the consequences of that therefor as provided in Paragraph 10.05. individual's or entity's own negligence. IF. If after receipt of such written notice I. The provisions of Paragraphs 4.02, 4.03, Contractor does not agree to resume such Work based and 4.04 do not apply to a Hazardous Environmental on a reasonable belief it is unsafe,or does not agree to Condition uncovered or revealed at the Site. ` resume such Work under such special conditions,then Owner may order the portion of the Work that is in the ARTICLE 5 BONDS AND INSURANCE area affected by such condition to be deleted from the I Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent,if any,of an 5.01 Performance, Payment, and Other adjustment in Contract Price or Contract Times as a Bonds result of deleting such portion of the Work,then either Iparty may make a Claim therefor as provided in EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-19 December 2015 $ 111 A. Contractor shall furnish performance and A. Contractor shall deliver to Owner, with I payment bonds,each in an amount at least equal to the copies to each additional insured identified in the Contract Price as security for the faithful performance Supplementary Conditions, certificates of insurance and payment of all of Contractor's obligations under (and other evidence of insurance requested by Owner the Contract Documents.These bonds shall remain in or any other additional insured) which Contractor is effect until one year after the date when final payment required to purchase and maintain. becomes due or until completion of the correction I period specified in Paragraph 13.07, whichever is B. Owner shall deliver to Contractor, with later, except as provided otherwise by Laws or copies to each additional insured identified in the Regulations or by the Contract Documents.Contractor Supplementary Conditions, certificates of insurance I shall also furnish such other bonds as are required by (and other evidence of insurance requested by the Contract Documents. Contractor or any other additional insured) which Owner is required to purchase and maintain. B. All bonds shall be in the form prescribed I by the Contract Documents except as provided 5.04 Contractor's Liability Insurance otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current A. Contractor shall purchase and maintain I list of"Companies Holding Certificates of Authority such liability and other insurance as is appropriate for as Acceptable Sureties on Federal Bonds and as the Work being performed and as will provide Acceptable Reinsuring Companies" as published in protection from claims set forth below which may Circular 570(amended)by the Financial Management arise out of or result from Contractor's performance of Service, Surety Bond Branch,U.S.Department of the the Work and Contractor's other obligations under the Treasury. All bonds signed by an agent must be Contract Documents,whether it is to be performed by accompanied by a certified copy of the agent's Contractor, any Subcontractor or Supplier, or by authority to act. anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose C. If the surety on any bond furnished by acts any of them may be liable: Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state 1. claims under workers' compensation, where any part of the Project is located or it ceases to disability benefits,and other similar employee benefit meet the requirements of Paragraph 5.01.B,Contractor acts; shall promptly notify Owner and Engineer and shall, I within 20 days after the event giving rise to such 2. claims for damages because of bodily notification,provide another bond and surety,both of injury, occupational sickness or disease, or death of which shall complywith the requirements of Contractor's employees; Paragraphs 5.01.B and 5.02. I 3. claims for damages because of bodily 5.02 Licensed Sureties and Insurers injury, sickness or disease, or death of any person other than Contractor's employees; A. All bonds and insurance required by the Contract Documents to be purchased and maintained 4. claims for damages insured by reasonably by Owner or Contractor shall be obtained from surety available personal injury liability coverage which are 1 or insurance companies that are duly licensed or sustained: authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the a.by any person as a result of an offense I limits and coverages so required. Such surety and directly or indirectly related to the insurance companies shall also meet such additional employment of such person by requirements and qualifications as may be provided in Contractor,or the Supplementary Conditions. 5.03 Certificates of Insurance b. by any other person for any other reason; I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-20 1 December 2015 I I 1 5.claims for damages,other than to the Work 7. with respect to completed operations itself, because of injury to or destruction of tangible insurance, and any insurance coverage written on a property wherever located, including loss of use claims-made basis, remain in effect for at least two resulting therefrom;and years after final payment. 6. claims for damages because of bodily a. Contractor shall furnish Owner and injury or death of any person or property damage each other additional insured identified arising out of the ownership, maintenance or use of in the Supplementary Conditions, to 111 any motor vehicle. whom a certificate of insurance has been B. The policies of insurance required by this issued, evidence satisfactory to Owner Paragraph 5.04 shall: and any such additional insured of continuation of such insurance at final I1. with respect to insurance required by payment and one year thereafter. Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured(subject to any customary 5.05 Owner's Liability Insurance exclusion regarding professional liability) Owner and I Engineer, and any other individuals or entities A.In addition to the insurance required to be identified in the Supplementary Conditions, all of provided by Contractor under Paragraph 5.04,Owner, whom shall be listed as additional insureds, and at Owner's option, may purchase and maintain at I include coverage for the respective officers,directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. insureds, and the insurance afforded to these additional insureds shall provide primary coverage for 5.06 Property Insurance all claims covered thereby; I 2. include at least the specific coverages and A. Unless otherwise provided in the be written for not less than the limits of liability provided in the Supplementary Conditions or required Supplementary Conditions,Owner shall purchase andmaintain property insurance upon the Work at the Site by Laws or Regulations,whichever is greater; in the amount of the full replacement cost thereof (subject to such deductible amounts as may be 1 provided in the Supplementary Conditions or required 3.include completed operations insurance; by Laws and Regulations).This insurance shall: 4. include contractual liability insurance 1.include the interests of Owner,Contractor, covering Contractor's indemnity obligations under Subcontractors, and Engineer, and any other Paragraphs 6.11 and 6.20; individuals or entities identified in the Supplementary I 5.contain a provision or endorsement that the Conditions, and the officers, directors, partners, coverage afforded will not be canceled, materially employees, agents, consultants and subcontractors of each and any of them,each of whom is deemed to have changed or renewal refused until at least 30 days prior an insurable interest and shall be listed as an insured written notice has been given to Owner and Contractor or additional insured; I and to each other additional insured identified in the Supplementary Conditions to whom a certificate of 2.be written on a Builder's Risk"all-risk"or insurance has been issued (and the certificates of open peril or special causes of loss policy form that I insurance furnished by the Contractor pursuant to shall at least include insurance for physical loss or Paragraph 5.03 will so provide); damage to the Work,temporary buildings,false work, and materials and equipment in transit,and shall insure I 6.remain in effect at least until final payment against at least the following perils or causes of loss: and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris accordance with Paragraph 13.07;and removal, demolition occasioned by enforcement of I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 GENERAL CONDITIONS 00700-21 December 2015 I I Laws and Regulations, water damage, (other than D. Owner shall not be responsible for I caused by flood)and such other perils or causes of loss purchasing and maintaining any property insurance as may be specifically required by the Supplementary specified in this Paragraph 5.06 to protect the interests Conditions; of Contractor,Subcontractors,or others in the Work to the extent of any deductible amounts that are identified 3. include expenses incurred in the repair or in the Supplementary Conditions. The risk of loss replacement of any insured property(including but not within such identified deductible amount will be borne limited to fees and charges of engineers and by Contractor, Subcontractors,or others suffering any architects); such loss,and if any of them wishes property insurance coverage within the limits of such amounts,each may I 4. cover materials and equipment stored at purchase and maintain it at the purchaser's own the Site or at another location that was agreed to in expense. writing by Owner prior to being incorporated in the IN Work, provided that such materials and equipment E.If Contractor requests in writing that other II have been included in an Application for Payment special insurance be included in the property insurance recommended by Engineer; policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost 5.allow for partial utilization of the Work by thereof will be charged to Contractor by appropriate Owner; Change Order.Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor ii 6.include testing and startup;and whether or not such other insurance has been procured by Owner. 111 7.be maintained in effect until final payment is made unless otherwise agreed to in writing by 5.07 Waiver of Rights Owner,Contractor,and Engineer with 30 days written notice to each other additional insured to whom a A. Owner and Contractor intend that all certificate of insurance has been issued. policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and111 B. Owner shall purchase and maintain such Engineer, and all other individuals or entities boiler and machinery insurance or additional property identified in the Supplementary Conditions to be listed insurance as may be required by the Supplementary as insureds or additional insureds (and the officers, Conditions or Laws and Regulations which will directors,partners,employees,agents,consultants and include the ;interests of Owner, Contractor, subcontractors of each and any of them) in such Subcontractors, and Engineer, and any other policies and will provide primary coverage for all individuals or entities identified in the Supplementary losses and damages caused by the perils or causes of - Conditions, and the officers, directors, partners, loss covered thereby. All such policies shall contain employees, agents, consultants and subcontractors of provisions to the effect that in the event of payment of each and any of them,each of whom is deemed to have any loss or damage the insurers will have no rights of an insurable interest and shall be listed as an insured recovery against any of the insureds or additional or additional insured. insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, C. All the policies of insurance (and the directors,partners,employees,agents,consultants and certificates or other evidence thereof) required to be subcontractors of each and any of them for all losses purchased and maintained in accordance with and damages caused by, arising out of or resulting Paragraph 5.06 will contain a provision or from any of the perils or causes of loss covered by such endorsement that the coverage afforded will not be policies and any other property insurance applicable to canceled or materially changed or renewal refused the Work; and, in addition, waive all such rights until at least 30 days prior written notice has been against Subcontractors, and Engineer, and all other given to Owner and Contractor and to each other individuals or entities identified in the Supplementary additional insured to whom a certificate of insurance Conditions to be listed as insured or additional insured has been issued and will contain waiver provisions in (and the officers, directors, partners, employees, accordance with Paragraph 5.07. agents,consultants and subcontractors of each and any of them) under such policies for losses and damages EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-22 December 2015 I I Iso caused. None of the above waivers shall extend to on account thereof,and the Work and the cost thereof the rights that any party making such waiver may have covered by an appropriate Change Order. II to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one B. Owner waives all rights against of the parties in interest shall object in writing within I Contractor, Subcontractors, and Engineer, and the 15 days after the occurrence of loss to Owner's officers, directors, partners, employees, agents, exercise of this power. If such objection be made, consultants and subcontractors of each and any of Owner as fiduciary shall make settlement with the them for: insurers in accordance with such agreement as the parties in interest may reach. If no such agreement I 1. loss due to business interruption, loss of among the parties in interest is reached, Owner as use, or other consequential loss extending beyond fiduciary shall adjust and settle the loss with the I direct physical loss or damage to Owner's property or insurers and, if required in writing by any party in the Work caused by, arising out of, or resulting from interest, Owner as fiduciary shall give bond for the fire or other perils whether or not insured by Owner; proper performance of such duties. and 5.09 Acceptance of Bonds and Insurance; 2.loss or damage to the completed Project or Option to Replace part thereof caused by,arising out of,or resulting from I fire or other insured peril or cause of loss covered by A. If either Owner or Contractor has any any property insurance maintained on the completed Project or part thereof by Owner during partial objection to the coverage afforded by or other provisions of the bonds or insurance required to be utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, purchased and maintained by the other party in or after final payment pursuant to Paragraph 14.07. accordance with Article 5 on the basis of non-conformance with the Contract Documents, the C. Any insurance policy maintained by objecting party shall so notify the other party in Owner covering any loss, damage or consequential writing within 10 days after receipt of the certificates loss referred to in Paragraph 5.07.B shall contain (or other evidence requested) required by Paragraph I provisions to the effect that in the event of payment of 2.01.B. Owner and Contractor shall each provide to any such loss, damage, or consequential loss, the the other such additional information in respect of insurers will have no rights of recovery against insurance provided as the other may reasonably request. If either party does not purchase or maintain Contractor, Subcontractors, or Engineer, and theII officers, directors, partners, employees, agents, all of the bonds and insurance required of such party consultants and subcontractors of each and any of by the Contract Documents,such party shall notify the them. 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 5.08 Receipt and Application of Insurance prejudice to any other right or remedy,the other party Proceeds may elect to obtain equivalent bonds or insurance to ill protect such other party's interests at the expense of the A. Any insured loss under the policies of party who was required to provide such coverage,and insurance required by Paragraph 5.06 will be adjusted a Change Order shall be issued to adjust the Contract with Owner and made payable to Owner as fiduciary Price accordingly. 111 for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause 5.10 Partial Utilization,Acknowledgment and of Paragraph 5.08.B. Owner shall deposit in a of Property Insurer I separate account any money so received and shall distribute it in accordance with such agreement as the A. If Owner finds it necessary to occupy or parties in interest may reach. If no other special use a portion or portions of the Work prior to Iagreement is reached, the damaged Work shall be Substantial Completion of all the Work as provided in repaired or replaced, the moneys so received applied Paragraph 14.05, no such use or occupancy shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-23 December 2015 I I n I commence before the insurers providing the property be performed during regular working hours. insurance pursuant to Paragraph 5.06 have Contractor will not permit the performance of Work acknowledged notice thereof and in writing effected on a Saturday, Sunday, or any legal holiday without J any changes in coverage necessitated thereby. The Owner's written consent (which will not be insurers providing the property insurance shall consent unreasonably withheld)given after prior written notice by endorsement on the policy or policies, but the to Engineer. property insurance shall not be canceled or permittedI to lapse on account of any such partial use or 6.03 Services,Materials,and Equipment occupancy. A.Unless otherwise specified in the Contract I ARTICLE 6- CONTRACTOR'S RE- Documents, Contractor shall provide and assume full SPONSIBILITIES responsibility for all services, materials, equipment, labor, transportation, construction equipment and 6.01 Supervision and Superintendence machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals A. Contractor shall supervise, inspect, and necessary for the performance, testing, start-up, and direct the Work competently and efficiently,devoting completion of the Work. such attention thereto and applying such skills and expertise as may be necessary to perform the Work in B. All materials and equipment incorporated I accordance with the Contract Documents. Contractor into the Work shall be as specified or,if not specified, shall be solely responsible for the means, methods, shall be of good quality and new,except as otherwise techniques, sequences, and procedures of provided in the Contract Documents. All special construction. Contractor shall not be responsible for warranties and guarantees required by the the negligence of Owner or Engineer in the design or Specifications shall expressly run to the benefit of specification of a specific means, method, technique, Owner. If required by Engineer, Contractor shall sequence,or procedure of construction which is shown furnish satisfactory evidence (including reports of or indicated in and expressly required by the Contract required tests) as to the source, kind, and quality of Documents. materials and equipment. B. At all times during the progress of the C. All materials and equipment shall be Work, Contractor shall assign a competent resident stored, applied, installed, connected, erected, superintendent who shall not be replaced without protected, used, cleaned, and conditioned in written notice to Owner and Engineer except under accordance with instructions of the applicable extraordinary circumstances. The superintendent will Supplier, except as otherwise may be provided in the be Contractor's representative at the Site and shall Contract Documents. have authority to act on behalf of Contractor. All communications given to or received from the 6.04 Progress Schedule superintendent shall be binding on Contractor. I 6.02 Labor; Working Hours 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 A. Contractor shall provide competent, provided below. suitably qualified personnel to survey and lay out the Work and perform construction as required by the 1. Contractor shall submit to Engineer for Contract Documents. Contractor shall at all times acceptance(to the extent indicated in Paragraph 2.07) maintain good discipline and order at the Site. proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such B.Except as otherwise required for the safety adjustments will comply with any provisions of the or protection of persons or the Work or property at the General Requirements applicable thereto. Site or adjacent thereto,and except as otherwise stated in the Contract Documents, all Work at the Site shall I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-24 December 2015 I 1 2. Proposed adjustments in the Progress 3) it has aP roven record of Schedule that will change the Contract Times shall be performance and availability of I submitted in accordance with the requirements of responsive service; and Article 12. Adjustments in Contract Times may only be made by a Change Order. b. Contractor certifies that, if approved 111 6.05 Substitutes and"Or-Equals" and incorporated into the Work: 1) there will be no increase in A. Whenever an item of material or cost to the Owner or increase in Contract I equipment is specified or described in the Contract Times, and 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, 2) it will conform substantially Iappearance, and quality required. Unless the to the detailed requirements of the item specification or description contains or is followed by named in the Contract Documents. words reading that no like, equivalent, or "or-equal" I item or no substitution is permitted, other items of 2. Substitute Items material or equipment or material or equipment of other Suppliers may be submitted to Engineer for a.If in Engineer's sole discretion an item 1 review under the circumstances described below. of material or equipment proposed by Contractor does not qualify as an 1. "Or Equal" Items: If in Engineer's sole "or-equal" item under Paragraph discretion an item of material or equipment proposed 6.05.A.1,it will be considered a proposed I by Contractor is functionally equal to that named and substitute item. sufficiently similar so that no change in related Work will be required,it may be considered by Engineer as I an"or equal"item,in which case review and approval b. Contractor shall submit sufficient of the proposed item may, in Engineer's sole information as provided below to allow discretion, be accomplished without compliance with Engineer to determine that the item of some or all of the requirements for approval of material or equipment proposed is proposed substitute items. For the purposes of this essentially equivalent to that named and Paragraph 6.05.A.1, a proposed item of material or an acceptable substitute therefor. equipment will be considered functionally equal to an Requests for review of proposed item so named if: substitute items of material or equipment I a. in the exercise of reasonable judgment will not be accepted by Engineer fromanyone other than Contractor. Engineer determines that: c. The requirements for review by I 1) it is at least equal in materials Engineer will be as set forth in Paragraph of construction, quality, durability, I 6.05.A.2.d, as supplemented in the appearance, strength, and design General Requirements and as Engineer characteristics; may decide is appropriate under the 1 2)it will reliably perform at least circumstances. equally well the function and achieve the d. Contractor shall make written results imposed by the design concept of application to Engineer for review of a the completed Project as a functioning proposed substitute item of material or whole, equipment that Contractor seeks to furnish or use. The application: I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-25 December 2015 I I 1) shall certify proposed that the result directly or indirectly from use of I substitute item will: such substitute item, including costs of redesign and claims of other contractors 1 a) perform adequately the affected by any resulting change, functions and achieve the results called for by the general design, B. Substitute Construction Methods or Procedures: If a specific means, method, technique, b)be similar in substance to that sequence, or procedure of construction is expressly specified,and required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, c) be suited to the same use as technique, sequence, or procedure of construction that specified; approved by Engineer. Contractor shall submit sufficient information to allow Engineer,in Engineer's I sole discretion, to determine that the substitute 2)will state: proposed is equivalent to that expressly called for by the Contract Documents.The requirements for review a)the extent,if any,to which the by Engineer will be similar to those provided in use of the proposed substitute Paragraph 6.05.A.2. item will prejudice Contractor's achievement of Substantial C. Engineer's Evaluation: Engineer will be Completion on time; allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to b) whether or not use of the Paragraphs 6.05.A and 6.05.B. Engineer may require proposed substitute item in the Contractor to furnish additional data about theI Work will require a change in proposed substitute item. Engineer will be the sole judge of acceptability.No"or equal"or substitute will any of the Contract Documents be ordered, installed or utilized until Engineer's (or in the provisions of any other review is complete,which will be evidenced by either direct contract with Owner for a Change Order for a substitute or an approved Shop other work on the Project) to Drawing for an "or equal." Engineer will advise adapt the design to the proposed Contractor in writing of any negative determination. substitute item;and D. Special Guarantee: Owner may require c) whether or not incorporation Contractor to furnish at Contractor's expense a special or use of the proposed substitute performance guarantee or other surety with respect to item in connection with the any substitute. Work is subject to payment of E.Engineer's Cost Reimbursement:Engineer any license fee or royalty; will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to 3)will identify: Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or a) all variations of the proposed submitted by Contractor, Contractor shall reimburse substitute item from that Owner for the charges of Engineer for evaluating each specified,and such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for b) available engineering, sales, making changes in the Contract Documents(or in the maintenance, repair, and provisions of any other direct contract with Owner) replacement services; resulting from the acceptance of each proposed substitute. 4) and shall contain an itemized estimate of all costs or credits that will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-26 December 2015 I I IF. Contractor's Expense: Contractor shall Engineer and any such Subcontractor, Supplier or provide all data in support of any proposed substitute other individual or entity,nor I or"or-equal"at Contractor's expense. 2. shall anything in the Contract Documents 6.06 Concerning Subcontractors, create any obligation on the part of Owner or Engineer I Suppliers, and Others 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 A. Contractor shall not employ any and Regulations. Subcontractor, Supplier, or other individual or entity I (including those acceptable to Owner as indicated in D. Contractor shall be solely responsible for Paragraph 6.06.B), whether initially or as a scheduling and coordinating the Work of replacement, against whom Owner may have Subcontractors, Suppliers, and other individuals or reasonable objection. Contractor shall not be required entities performing or furnishing any of the Work I to employ any Subcontractor, Supplier, or other under a direct or indirect contract with Contractor. individual or entity to furnish or perform any of the Work against whom Contractor has reasonable E. Contractor shall require all objection. Subcontractors, Suppliers, and such other individuals B. If the Supplementary Conditions require or entities performing or furnishing any of the Work to I the identity of certain Subcontractors, Suppliers, or communicate with Engineer through Contractor. other individuals or entities to be submitted to Owner F. The divisions and sections of the in advance for acceptance by Owner by a specified Specifications and the identifications of any Drawings date prior to the Effective Date of the Agreement,and the Work wContractor has submitted a list thereof in accordance among Subcontractors or Suppliers delineating the with the Supplementary Conditions, Owner's shall not control Contractor in dividing acceptance (either in writing or by failing to make Work to be performed by any specific trade. I written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or G. All Work performed for Contractor by a the Contract Documents) of any such Subcontractor, Subcontractor or Supplier will be pursuant to an Supplier, or other individual or entity so identified appropriate agreement between Contractor and the I may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and acceptable replacement for the rejected Subcontractor, conditions of the Contract Documents for the benefit Supplier,or other individual or entity,and the Contract of Owner and Engineer. Whenever any such IPrice will be adjusted by the difference in the cost agreement is with a Subcontractor or Supplier who is occasioned by such replacement, and an appropriate listed as an additional insured on the property Change Order will be issued No acceptance by insurance provided in Paragraph 5.06, the agreement Owner of any such Subcontractor, Supplier, or other between the Contractor and the Subcontractor or I individual or entity, whether initially or as a Supplier will contain provisions whereby the replacement, shall constitute a waiver of any right of Subcontractor or Supplier waives all rights against Owner or Engineer to reject defective Work. , , d , individualsOwnerContractoror entities identified inneerthe Supplementaryandallother I C. Contractor shall be fully responsible to Conditions to be listed as insureds or additional Owner and Engineer for all acts and omissions of the insureds (and the officers, directors, partners, 1 Subcontractors, Suppliers, and other individuals or employees, agents, consultants and subcontractors of entities performing or furnishing any of the Work just each and any of them) for all losses and damages as Contractor is responsible for Contractor's own acts caused by,arising out of,relating to,or resulting from and omissions.Nothing in the Contract Documents: any of the perils or causes of loss covered by such policies and any other property insurance applicable to I 1. shall create for the benefit of any such the Work. If the insurers on any such policies require Subcontractor, Supplier, or other individual or entity separate waiver forms to be signed by any any contractual relationship between Owner or Subcontractor or Supplier, Contractor will obtain the same. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-27 December 2015 I 1 6.07 Patent Fees and Royalties where otherwise expressly required by applicable I Laws and Regulations, neither Owner nor Engineer A. Contractor shall pay all license fees and shall be responsible for monitoring Contractor's I royalties and assume all costs incident to the use in the compliance with any Laws or Regulations. performance of the Work or the incorporation in the Work of any invention, design, process, product, or B.If Contractor performs any Work knowing device which is the subject of patent rights or or having reason to know that it is contrary to Laws or copyrights held by others. If a particular invention, Regulations, Contractor shall bear all claims, costs, design, process, product, or device is specified in the losses, and damages (including but not limited to all Contract Documents for use in the performance of the fees and charges of engineers, architects, attorneys, Work and if to the actual knowledge of Owner or and other professionals and all court or arbitration or Engineer its use is subject to patent rights or other dispute resolution costs)arising out of or relating copyrights calling for the payment of any license fee to such Work. However, it shall not be Contractor's or royalty to others, the existence of such rights shall primary responsibility to make certain that the 1 be disclosed by Owner in the Contract Documents. Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve B. To the fullest extent permitted by Laws Contractor of Contractor's obligations under and Regulations,Contractor shall indemnify and hold Paragraph 3.03. harmless Owner and Engineer, and the officers, directors,partners,employees,agents,consultants and C. Changes in Laws or Regulations not subcontractors of each and any of them from and known at the time of opening of Bids (or, on the I against all claims, costs, losses, and damages Effective Date of the Agreement if there were no Bids) (including but not limited to all fees and charges of having an effect on the cost or time of performance of engineers, architects, attorneys, and other the Work shall be the subject of an adjustment in 111 professionals and all court or arbitration or other Contract Price or Contract Times. If Owner and dispute resolution costs) arising out of or relating to Contractor are unable to agree on entitlement to or on any infringement of patent rights or copyrights the amount or extent,if any,of any such adjustment,a incident to the use in the performance of the Work or Claim may be made therefor as provided in Paragraph 1 resulting from the incorporation in the Work of any 10.05. invention, design, process, product, or device not specified in the Contract Documents. 6.10 Taxes 6.08 Permits A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by A. Unless otherwise provided in the Contractor in accordance with the Laws and Supplementary Conditions, Contractor shall obtain Regulations of the place of the Project which are and pay for all construction permits and licenses. applicable during the performance of the Work. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall 6.11 Use of Site and Other Areas pay all governmental charges and inspection fees necessary for the prosecution of the Work which are A.Limitation on Use of Site and Other Areas applicable at the time of opening of Bids, or, if there I are no Bids, on the Effective Date of the Agreement. 1. Contractor shall confine construction Owner shall pay all charges of utility owners for equipment, the storage of materials and equipment, connections for providing permanent service to the and the operations of workers to the Site and other Work. areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas 6.09 Laws and Regulations with construction equipment or other materials or equipment.Contractor shall assume full responsibility A. Contractor shall give all notices required for any damage to any such land or area, or to the by and shall comply with all Laws and Regulations owner or occupant thereof, or of any adjacent land or applicable to the performance of the Work. Except areas resulting from the performance of the Work. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-28 December 2015 I I 1 2. Should any claim be made by any such Change Directives, Field Orders, and written owner or occupant because of the performance of the interpretations and clarifications in good order and Work,Contractor shall promptly settle with such other annotated to show changes made during construction. party by negotiation or otherwise resolve the claim by These record documents together with all approved arbitration or other dispute resolution proceeding or at Samples and a counterpart of all approved Shop law. Drawings will be available to Engineer for reference. 1 Upon completion of the Work, these record 3.To the fullest extent permitted by Laws and documents, Samples, and Shop Drawings will be Regulations, Contractor shall indemnify and hold delivered to Engineer for Owner. I harmless Owner and Engineer, and the officers, directors,partners,employees,agents,consultants and 6.13 Safety and Protection subcontractors of each and any of them from and against all claims, costs, losses, and damages A. Contractor shall be solely responsible for I (including but not limited to all fees and charges of engineers, architects, attorneys, and other initiating, maintaining and supervising all safety precautions and programs in connection with the professionals and all court or arbitration or other Work. Contractor shall take all necessary precautions I dispute resolution costs) arising out of or relating to for the safety of, and shall provide the necessary any claim or action,legal or equitable,brought by any protection to prevent damage,injury or loss to: such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent ,1. all persons on the Site or who may be I caused by or based upon Contractor's performance of affected by the Work; the Work. 2. all the Work and materials and equipment 1 B.Removal of Debris During Performance of to be incorporated therein,whether in storage on or off the Work:During the progress of the Work Contractor the Site;and shall keep the Site and other areas free from accumulations of waste materials, rubbish, and otherI 3. other property at the Site or adjacent debris.Removal and disposal of such waste materials, thereto, including trees, shrubs, lawns, walks, rubbish, and other debris shall conform to applicable pavements, roadways, structures, utilities, and Laws and Regulations. Underground Facilities not designated for removal, relocation, or replacement in the course of C.Cleaning:Prior to Substantial Completion construction. of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At B. Contractor shall comply with all the completion of the Work Contractor shall remove applicable Laws and Regulations relating to the safety from the Site all tools, appliances, construction of persons or property, or to the protection of persons equipment and machinery, and surplus materials and or property from damage, injury, or loss; and shall I shall restore to original condition all property not erect and maintain all necessary safeguards for such designated for alteration by the Contract Documents. safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and D. Loading Structures: Contractor shall not other utility owners when prosecution of the Work I load nor permit any part of any structure to be loaded may affect them,and shall cooperate with them in the in any manner that will endanger the structure, nor protection, removal, relocation, and replacement of shall Contractor subject any part of the Work or their property. I adjacent property to stresses or pressures that will endanger it. C.All damage,injury,or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, 6.12 Record Documents directly or indirectly, in whole or in part, by I Contractor, any Subcontractor, Supplier, or any other A.Contractor shall maintain in a safe place at individual or entity directly or indirectly employed by the Site one record copy of all Drawings, any of them to perform any of the Work,or anyone for ISpecifications, Addenda, Change Orders, Work whose acts any of them may be liable, shall be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-29 December 2015 I I remedied by Contractor (except damage or loss A. Contractor shall submit Shop Drawings s I attributable to the fault of Drawings or Specifications and Samples to Engineer for review and approval in or to the acts or omissions of Owner or Engineer or , accordance with the acceptable Schedule of or anyone employed by any of them, or anyone for Submittals (as required by Paragraph 2.07). Each whose acts any of them may be liable, and not submittal will be identified as Engineer may require. attributable,directly or indirectly,in whole or in part, to the fault or negligence of Contractor or any 1. Shop Drawings I Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). a. Submit number of copies specified in the General Requirements. I D.Contractor's duties and responsibilities for safety and for protection of the Work shall continue b.Data shown on the Shop Drawings will until such time as all the Work is completed and be complete with respect to quantities, Engineer has issued a notice to Owner and Contractor dimensions, specified performance and J in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided design criteria, materials, and similar in connection with Substantial Completion). data to show Engineer the services, materials, and equipment Contractor 6.14 Safety Representative proposes to provide and to enable Engineer to review the information for A. Contractor shall designate a qualified and the limited purposes required by experienced safety representative at the Site whose Paragraph 6.17.D. duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of 2. Samples: Contractor shall also submit safety precautions and programs. Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop 6.15 Hazard Communication Programs Drawings and Sample submittals. i A. Contractor shall be responsible for a. Submit number of Samples specified coordinating any exchange of material safety data in the Specifications. sheets or other hazard communication information I required to be made available to or exchanged between b. Clearly identify each Sample as to or among employers at the Site in accordance with material, Supplier,pertinent data such as Laws or Regulations. catalog numbers, the use for which intended and other data as Engineer may 6.16 Emergencies require to enable Engineer to review the submittal for the limited purposes A. In emergencies affecting the safety or required by Paragraph 6.17.D. protection of persons or the Work or property at the Site or adjacent thereto,Contractor is obligated to act B. Where a Shop Drawing or Sample is to prevent threatened damage, injury, or loss. required by the Contract Documents or the Schedule Contractor shall give Engineer prompt written notice of Submittals, any related Work performed prior to if Contractor believes that any significant changes in Engineer's review and approval of the pertinent the Work or variations from the Contract Documents submittal will be at the sole expense and responsibility I have been caused thereby or are required as a result of Contractor. thereof. If Engineer determines that a change in the Contract Documents is required because of the action C. Submittal Procedures taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be 1. Before submitting each Shop Drawing or issued. Sample, Contractor shall have determined and verified: 6.17 Shop Drawings and Samples EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-30 December 2015 i I Ia. all field measurementsuantities after installation or incorporation orporation m the Work, dimensions, specified performance and conform to the information given in the Contract I design criteria,installation requirements, Documents and be compatible with the design concept materials, catalog numbers, and similar of the completed Project as a functioning whole as information with respect thereto; indicated by the Contract Documents. 11, b. the suitability of all materials with 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or respect to intended use, fabrication, procedures of construction (except where a particular I shipping, handling, storage, assembly, and installation pertaining to the means, method, technique, sequence, or procedure of construction is specifically and expressly called for by performance of the Work; the Contract Documents) or to safety precautions or programs incident thereto.The review and approval of I c. all information relative to Contractor's a separate item as such will not indicate approval of responsibilities for means, methods, the assembly in which the item functions. techniques,sequences,and procedures of I' construction, and safety precautions and 3. Engineer's review and approval shall not programs incident thereto; and relieve Contractor from responsibility for any variation from the requirements of the Contract d. shall also have reviewed and Documents unless Contractor has complied with the coordinated each Shop Drawing or requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by Sample with other Shop Drawings and specific written notation thereof incorporated in or I Samples and with the requirements of the accompanying the Shop Drawing or Sample. Work and the Contract Documents. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the 2. Each submittal shall bear a stamp or requirements of Paragraph 6.17.C.1. I specific written certification that Contractor has satisfied Contractor's obligations under the Contract E.Resubmittal Procedures Documents with respect to Contractor's review and approval of that submittal 1.Contractor shall make corrections required by Engineer and shall return the required number of 3. With each submittal, Contractor shall corrected copies of Shop Drawings and submit, as I give Engineer specific written notice of any required, new Samples for review and approval. variations that the Shop Drawing or Sample may Contractor shall direct specific attention in writing to revisions other than the corrections called for by have from the requirements of the Contract Engineer on previous submittals. Documents. This notice shall be both a written I communication separate from the Shop Drawing 6.18 Continuing the Work or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or A. Contractor shall carry on the Work and I adhere to the Progress Schedule during all disputes or Sample submitted to Engineer for review and disagreements with Owner.No Work shall be delayed approval of each such variation, or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph I 15.04 or as Owner and Contractor mayotherwise D.Engineer's Review agree in writing. 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the 6.19 Contractor's General Warranty and Schedule of Submittals acceptable to Engineer. Guarantee Engineer's review and approval will be only to Idetermine if the items covered by the submittals will, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS - 00700-31 December 2015 I I A. Contractor warrants and guarantees to harmless Owner and Engineer, and the officers, 1 Owner that all Work will be in accordance with the directors,partners,employees,agents,consultants and Contract Documents and will not be defective. subcontractors of each and any of them from and Engineer and its Related Entities shall be entitled to against all claims, costs, losses, and damages rely on representation of Contractor's warranty and (including but not limited to all fees and charges of guarantee. engineers, architects, attorneys, and other professionals and all court or arbitration or other 1 B. Contractor's warranty and guarantee dispute resolution costs) arising out of or relating to hereunder excludes defects or damage caused by: the performance of the Work,provided that any such claim, cost, loss, or damage is attributable to bodily 1. abuse, modification, or improper injury, sickness, disease, or death, or to injury to or maintenance or operation by persons other than destruction of tangible property (other than the Work Contractor, Subcontractors, Suppliers, or any other itself),including the loss of use resulting therefrom but individual or entity for whom Contractor is only to the extent caused by any negligent act or responsible;or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or 2. normal wear and tear under normal usage. indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may C. Contractor's obligation to perform and be liable. complete the Work in accordance with the Contract Documents shall be absolute. None of the following B. In any and all claims against Owner or will constitute an acceptance of Work that is not in Engineer or any of their respective consultants,agents, accordance with the Contract Documents or a release officers, directors, partners, or employees by any of Contractor's obligation to perform the Work in employee (or the survivor or personal representative accordance with the Contract Documents: of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or 1. observations by Engineer; indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may 2. recommendation by Engineer or payment be liable, the indemnification obligation under by Owner of any progress or final payment; Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, 3. the issuance of a certificate of Substantial compensation,or benefits payable by or for Contractor II Completion by Engineer or any payment related or any such Subcontractor, Supplier, or other thereto by Owner; individual or entity under workers'compensation acts, disability benefit acts,or other employee benefit acts. 111 4. use or occupancy of the Work or any part thereof by Owner; C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to 5. any review and approval of a Shop the liability of Engineer and Engineer's officers, directors,partners,employees,agents,consultants and Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; subcontractors arising out of: 6.any inspection,test,or approval by others; 1. the preparation or approval of, or the or failure to prepare or approve, maps, Drawings, opinions,reports,surveys,Change Orders,designs,or 7. any correction of defective Work by Specifications;or Owner. 2.giving directions or instructions,or failing 6.20 Indemnification to give them,if that is the primary cause of the injury or damage. A. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and holdI EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-32 December 2015 I I9.09 Limitations on Engineer's Authority 10.01 Authorized Changes in the Work and Responsibilities IA. Without invalidating the Contract and A. Neither Engineer's authority or without notice to any surety, Owner may, at any time responsibility under this Article 9 or under any other or from time to time, order additions, deletions, or provision of the Contract Documents nor any decision revisions in the Work by a Change Order, or a Work �, made by Engineer in good faith either to exercise or Change Directive.Upon receipt of any such document, not exercise such authority or responsibility or the Contractor shall promptly proceed with the Work undertaking,exercise,or performance of any authority involved which will be performed under the applicable J or responsibility by Engineer shall create, impose, or conditions of the Contract Documents (except as give rise to any duty in contract, tort, or otherwise otherwise specifically provided). owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any B. If Owner and Contractor are unable to surety for or employee or agent of any of them. agree on entitlement to, or on the amount or extent,if any,of an adjustment in the Contract Price or Contract B. Engineer will not supervise, direct, Times,or both,that should be allowed as a result of a control, or have authority over or be responsible for Work Change Directive, a Claim may be made t„ Contractor's means, methods,techniques, sequences, therefor as provided in Paragraph 10.05. or procedures of construction, or the safety I precautions and programs incident thereto, or for any 10.02 Unauthorized Changes in the Work failure of Contractor to comply with Laws and Regulations applicable to the performance of the A. Contractor shall not be entitled to an Work. Engineer will not be responsible for increase in the Contract Price or an extension of the I Contractor's failure to perform the Work in Contract Times with respect to any work performed accordance with the Contract Documents. that is not required by the Contract Documents as amended, modified, or supplemented as provided in C. Engineer will not be responsible for the Paragraph 3.04,except in the case of an emergency as I acts or omissions of Contractor or of any provided in Paragraph 6.16 or in the case of Subcontractor,any Supplier,or of any other individual uncovering Work as provided in Paragraph 13.04.B. or entity performing any of the Work. 1 D.Engineer's review of the final Application 10.03 Execution of Change Orders for Payment and accompanying documentation and all A. Owner and Contractor shall execute I maintenance and operating instructions, schedules, appropriate Change Orders recommended by Engineer guarantees,bonds, certificates of inspection, tests and approvals, and other documentation required to be covering: I delivered by Paragraph 14.07.A will only be to determine generally that their content complies with 1.changes in the Work which are: (i)ordered the requirements of, and in the case of certificates of by Owner pursuant to Paragraph 10.01.A,(ii)required inspections, tests, and approvals, that the results because of acceptance of defective Work under certified indicate compliance with the Contract Paragraph 13.08.A or Owner's correction of defective Documents. Work under Paragraph 13.09,or(iii)agreed to by the parties; E. The limitations upon authority and 2. changes in the Contract Price or Contract I responsibility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, Times which are agreed to by the parties, including and assistants,if any. any undisputed sum or amount of time for Work actually performed in accordance with a Work Change I ARTICLE 10- CHANGES IN THE WORK; Directive;and CLAIMS 3. changes in the Contract Price or Contract I Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I GENERAL CONDITIONS December 2015 00700-37 1 shall submit anyresponseto En 10.05; provided that, in lieu of executing any suchineer and the claimant I g Change Order,an appeal may be taken from any such within 30 days after receipt of the claimant's last decision in accordance with the provisions of the submittal(unless Engineer allows additional time). I Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor C. Engineer's Action: Engineer will review shall carry on the Work and adhere to the Progress each Claim and,within 30 days after receipt of the last iii Schedule as provided in Paragraph 6.18.A. submittal of the claimant or the last submittal of the opposing party, if any, take one of the following 10.04 Notification to Surety actions in writing: A. If notice of any change affecting the 1.deny the Claim in whole or in part, i general scope of the Work or the provisions of the Contract Documents (including, but not limited to, 2.approve the Claim,or Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the 3. notify the parties that the Engineer is giving of any such notice will be Contractor's unable to resolve the Claim if, in the Engineer's sole responsibility. The amount of each applicable bond discretion, it would be inappropriate for the Engineer will be adjusted to reflect the effect of any such to do so. For purposes of further resolution of the r, change. Claim,such notice shall be deemed a denial. 10.05 Claims D. In the event that Engineer does not take action on a Claim within said 30 days,the Claim shall A. Engineer's Decision Required: All be deemed denied. Claims, except those waived pursuant to ParagraphI E.Engineer's written action under Paragraph 14.09,shall be referred to the Engineer for decision.A 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or decision by Engineer shall be required as a condition 10.05.D will be final and binding upon Owner and precedent to any exercise by Owner or Contractor of Contractor, unless Owner or Contractor invoke the any rights or remedies either may otherwise have dispute resolution procedure set forth in Article 16 under the Contract Documents or by Laws and within 30 days of such action or denial. Regulations in respect of such Claims. I B.Notice: Written notice stating the general F. No Claim for an adjustment in Contract nature of each Claim, shall be delivered by the Price or Contract Times will be valid if not submitted claimant to Engineer and the other party to the in accordance with this Paragraph 10.05. 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 I (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 1 provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. I Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I GENERAL CONDITIONS 00700-38 December 2015 I IARTICLE 11 - COST OF THE WORK; Owner, and Contractor shall make provisions so that ALLOWANCES; UNIT PRICE WORK they may be obtained. I11.01 Cost of the Work 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors.If required by Owner,Contractor shall A. Costs Included: The term Cost of the obtain competitive bids from subcontractors Work means the sum of all costs, except those acceptable to Owner and Contractor and shall deliver excluded in Paragraph 11.01.B, necessarily incurred such bids to Owner,who will then determine,with the and paid by Contractor in the proper performance of advice of Engineer, which bids, if any, will be the Work. When the value of any Work covered by a acceptable. If any subcontract provides that the Change Order or when a Claim for an adjustment in Subcontractor is to be paid on the basis of Cost of the Contract Price is determined on the basis of Cost of the Work plus a fee,the Subcontractor's Cost of the Work II Work,the costs to be reimbursed to Contractor will be and fee shall be determined in the same manner as only those additional or incremental costs required Contractor's Cost of the Work and fee as provided in because of the change in the Work or because of the this Paragraph 11.01. I event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner,such costs shall 4.Costs of special consultants(including but be in amounts no higher than those prevailing in the not limited to Engineers, architects, testing locality of the Project,shall include only the following laboratories, surveyors, attorneys, and accountants) items, and shall not include any of the costs itemized employed for services specifically related to the Work. in Paragraph 11.01.B. 5. Supplemental costs including the 1. Payroll costs for employees in the direct following: I employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by a. The proportion of necessary Owner and Contractor. Such employees shall include, transportation, travel, and subsistence I without limitation, superintendents, foremen, and other personnel employed full time at the Site.Payroll expenses of Contractor's employees costs for employees not employed full time on the incurred in discharge of duties connected IWork shall be apportioned on the basis of their time with the Work. spent on the Work.Payroll costs shall include,but not be limited to,salaries and wages plus the cost of fringe b. Cost, including transportation and benefits, which shall include social security maintenance, of all materials, supplies, 1 contributions, unemployment, excise, and payroll equipment, machinery, appliances, taxes, workers' compensation, health and retirement office, and temporary facilities at the benefits,bonuses,sick leave,vacation and holiday pay Site, and hand tools not owned by the I applicable thereto. The expenses of performing Work workers, which are consumed in the outside of regular working hours, on Saturday, performance of the Work, and cost, less Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. market value, of such items used but not consumed which remain the property of 2. Cost of all materials and equipment Contractor. furnished and incorporated in the Work, including costs of transportation and storage thereof, and c. Rentals of all construction equipment I Suppliers' field services required in connection and machinery, and the parts thereof therewith. All cash discounts shall accrue to whether rented from Contractor or others Contractor unless Owner deposits funds with in accordance with rental agreements I Contractor with which to make payments, in which approved by Owner with the advice of case the cash discounts shall accrue to Owner. All Engineer,and the costs of transportation, trade discounts, rebates and refunds and returns from loading, unloading, assembly, sale of surplus materials and equipment shall accrue to I dismantling, and removal thereof. All EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I GENERAL CONDITIONS 00700-39 December 2015 I 1 i. The costs of premiums for all bonds such costs shall be in accordance with the terms of said rental agreements. The and insurance Contractor is required by rental of any such equipment,machinery, the Contract Documents to purchase and orP arts shall cease when the use thereof maintain. is no longer necessary for the Work. B. Costs Excluded: The term Cost of the d.Sales,consumer,use,and other similar Work shall not include any of the following items: taxes related to the Work, and for which Contractor is liable, imposed by Laws 1. Payroll costs and other compensation of and Regulations. Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, e. Deposits lost for causes other than estimators, attorneys, auditors, accountants, negligence of Contractor, any purchasing and contracting agents, expediters, Subcontractor, or anyone directly or timekeepers,clerks,and other personnel employed by indirectly employed by any of them or for Contractor, whether at the Site or in Contractor's whose acts any of them may be liable, principal or branch office for general administration of and royalty payments and fees for the Work and not specifically included in the agreed permits and licenses. upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by f. Losses and damages (and related Paragraph 11.01.A.4,all of which are to be considered administrative costs covered by the Contractor's fee. expenses) caused by damage to the Work, not compensated by insurance or 2. Expenses of Contractor's principal and otherwise, sustained by Contractor in branch offices other than Contractor's office at the connection with the performance of the Site. Work(except losses and damages within the deductible amounts of property 3. Any part of Contractor's capital expenses, 1 insurance established in accordance with including interest on Contractor's capital employed Paragraph 5.06.D), provided such losses for the Work and charges against Contractor for and damages have resulted from causes delinquent payments. other than the negligence of Contractor, any Subcontractor, or anyone directly or 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly indirectly employed by any of them or for whose acts anyof them maybe liable. employed by any of them or for whose acts any of them may be liable, including but not limited to, the Such losses shall include settlements correction of defective Work,disposal of materials or made with the written consent and equipment wrongly supplied, and making good any approval of Owner. No such losses, damage to property. damages, and expenses shall be included in the Cost of the Work for the purpose 5.Other overhead or general expense costs of of determining Contractor's fee. any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and g. The cost of utilities, fuel, and sanitary 11.01.B. facilities at the Site. C. Contractor's Fee: When all the Work is h. Minor expenses such as telegrams, performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. long distance telephone calls, telephone When the value of any Work covered by a Change service at the Site,expresses, and similar Order or when a Claim for an adjustment in Contract petty cash items in connection with the Price is determined on the basis of Cost of the Work, Work. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-40 December 2015 I . IContractor's fee shall,be determined as set forth in 11.03 Unit Price Work Paragraph 12.01.C. A. Where the Contract Documents provide D.Documentation:Whenever the Cost of the that all or part of the Work is to be Unit Price Work, Work for any purpose is to be determined pursuant to initially the Contract Price will be deemed to include Paragraphs 11.01.A and 11.01.B, Contractor will for all Unit Price Work an amount equal to the sum of I establish and maintain records thereof in accordance the unit price for each separately identified item of with generally accepted accounting practices and Unit Price Work times the estimated quantity of each submit in a form acceptable to Engineer an itemized item as indicated in the Agreement. I cost breakdown together with supporting data. B. The estimated quantities of items of Unit 11.02 Allowances Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an A. It is understood that Contractor has initial Contract Price. Determinations of the actual included in the Contract Price all allowances so named quantities and classifications of Unit Price Work in the Contract Documents and shall cause the Work performed by Contractor will be made by Engineer I so covered to be performed for such sums and by such subject to the provisions of Paragraph 9.07. persons or entities as may be acceptable to Owner and Engineer. C.Each unit price will be deemed to include an amount considered by Contractor to be adequate to B.Cash Allowances cover Contractor's overhead and profit for each separately identified item. 1.Contractor agrees that: ID. Owner or Contractor may make a Claim a.the cash allowances include the cost to for an adjustment in the Contract Price in accordance Contractor (less any applicable trade with Paragraph 10.05 if: I discounts) of materials and equipment required by the allowances to be 1.the quantity of any item of Unit Price Work delivered at the Site, and all applicable performed by Contractor differs materially and significantly from the estimated quantity of such item I taxes; and indicated in the Agreement;and b. Contractor's costs for unloading and 2. there is no corresponding adjustment with handling on the Site, labor, installation , respect any other item of Work;and I overhead, profit, and other expenses contemplated for the cash allowances 3. Contractor believes that Contractor is have been included in the Contract Price entitled to an increase in Contract Price as a result of I and not in the allowances,and no demand having incurred additional expense or Owner believes for additional payment on account of any that Owner is entitled to a decrease in Contract Price of the foregoing will be valid. and the parties are unable to agree as to the amount of any such increase or decrease. C.Contingency Allowance ARTICLE 12- CHANGE OF CONTRACT 1. Contractor agrees that a contingency allowance, if PRICE; CHANGE OF CONTRACT TIMES I any,is for the sole use of Owner to cover unanticipated costs. 12.01 Change of Contract Price I D. Prior to final payment, an appropriate A. The Contract Price may only be changed Change Order will be issued as recommended by by a Change Order. Any Claim for an adjustment in Engineer to reflect actual amounts due Contractor on the Contract Price shall be based on written notice account of Work covered by allowances, and the IContract Price shall be correspondingly adjusted. submitted by the party making the Claim to the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-41 December 2015 I I Engineer and the other party to the Contract in such Subcontractor under Paragraphs I accordance with the provisions of Paragraph 10.05. 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor B. The value of any Work covered by a will each be paid a fee of five percent of Change Order or of any Claim for an adjustment in the the amount paid to the next lower tier Contract Price will be determined as follows: Subcontractor; I 1. where the Work involved is covered by unit prices contained in the Contract Documents, by d. no fee shall be payable on the basis of application of such unit prices to the quantities of the costs itemized under Paragraphs I items involved(subject to the provisions of Paragraph 11.01.A.4, 11.01.A.5,and 11.01.B; 11.03);or e. the amount of credit to be allowed by 2.where the Work involved is not covered by Contractor to Owner for any change I unit prices contained in the Contract Documents,by a - which results in a net decrease in cost mutually agreed lump sum (which may include an will be the amount of the actual net allowance for overhead and profit not necessarily in decrease in cost plus a deduction in I accordance with Paragraph 12.01.C.2);or Contractor's fee by an amount equal to 3.where the Work involved is not covered by five percent of such net decrease;and unit prices contained in the Contract Documents and If. when both additions and credits are agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the involved in any one change, the Work (determined as provided in Paragraph 11.01) adjustment in Contractor's fee shall be plus a Contractor's fee for overhead and profit computed on the basis of the net change I (determined as provided in Paragraph 12.01.C). in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, C.Contractor's Fee:The Contractor's fee for inclusive. I overhead and profit shall be determined as follows: 12.02 Change of Contract Times 1.a mutually acceptable fixed fee;or I 2.if a fixed fee is not agreed upon,then a fee A.The Contract Times may only be changed based on the following percentages of the various by a Change Order. Any Claim for an adjustment in portions of the Cost of the Work: the Contract Times shall be based on written notice I submitted by the party making the Claim to the Engineer and the other party to the Contract in a. for costs incurred under Paragraphs accordance with the provisions of Paragraph 10.05. 11.01.A.1 and 11.01.A.2, the I Contractor's fee shall be 15 percent; B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an b. for costs incurred under Paragraph adjustment in the Contract Times will be determined 11.01.A.3, the Contractor's fee shall be in accordance with the provisions of this Article 12. five percent; 12.03 Delays I c.where one or more tiers of subcontracts are on the basis of Cost of the Work plus A. Where Contractor is prevented from a fee and no fixed fee is agreed upon,the completing any part of the Work within the Contract intent of Paragraph 12.01.C.2.a is that the Times due to delay beyond the control of Contractor, I Subcontractor who actually performs the the Contract Times will be extended in an amount Work, at whatever tier,will be paid a fee equal to the time lost due to such delay if a Claim is of 15 percent of the costs incurred by made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-42 I December 2015 I Ibut not be limited to,acts or neglect by Owner,acts or A. Prompt notice of all defective Work of neglect of utility owners or other contractors which Owner or Engineer has actual knowledge will I performing other work as contemplated by Article 7, be given to Contractor. All defective Work may be fires,floods,epidemics,abnormal weather conditions, rejected, corrected, or accepted as provided in this or acts of God. Article 13. I B.If Owner,Engineer,or other contractors or 13.02 Access to Work utility owners performing other work for Owner as contemplated by Article 7,or anyone for whom Owner A. Owner, Engineer, their consultants and I is responsible, delays, disrupts, or interferes with the other representatives and personnel of Owner, performance or progress of the Work,then Contractor independent testing laboratories, and governmental shall be entitled to an equitable adjustment in the agencies with jurisdictional interests will have access Contract Price or the Contract Times, or both. to the Site and the Work at reasonable times for their I Contractor's entitlement to an adjustment of the observation, inspecting, and testing. Contractor shall Contract Times is conditioned on such adjustment provide them proper and safe conditions for such being essential to Contractor's ability to complete the access and advise them ofs Contractor's Site safety I Work within the Contract Times. procedures and programs so that they may comply therewith as applicable. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,I 13.03 Tests and Inspections 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 A. Contractor shall give Engineer timely I control of Owner and Contractor,then Contractor shall notice of readiness of the Work for all required be entitled to an equitable adjustment in Contract inspections, tests, or approvals and shall cooperate Times, if such adjustment is essential to Contractor's with inspection and testing personnel to facilitate ability to complete the Work within the Contract required inspections or tests. I Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this B. Owner shall employ and pay for the Paragraph 12.03.C. services of an independent testing laboratory to perform all inspections,tests,or approvals required by I D. Owner,Engineer and the Related Entities the Contract Documents except: of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but 1.for inspections,tests,or approvals covered 111 not limited to all fees and charges o1 Engineers, by Paragraphs 13.03.0 and 13.03.D below; architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) 2.that costs incurred in connection with tests I sustained by Contractor on or in connection with any or inspections conducted pursuant to Paragraph other project or anticipated project. 13.04.B shall be paid as provided in said Paragraph 13.04.C;and E. Contractor shall not be entitled to an I adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays 3. as otherwise specifically provided in the Contract Documents. attributable to and within the control of a I Subcontractor or Supplier shall be deemed to be delays C.If Laws or Regulations of any public body within the control of Contractor. having jurisdiction require any Work(or part thereof) specifically to be inspected, tested,or approved by an ARTICLE 13-TESTS AND INSPECTIONS; employee or other representative of such public body, I CORRECTION,REMOVAL OR Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or ACCEPTANCE OF DEFECTIVE WORK approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection I13.01 Notice of Defects or approval. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-43 December 2015 I D. Contractor shall be responsible for the amount thereof,Owner maymake a Claim therefor I P arranging and obtaining and shall pay all costs in as provided in Paragraph 10.05. connection with any inspections, tests, or approvals I required for Owner's and Engineer's acceptance of D.If,the uncovered Work is not found to be materials or equipment to be incorporated in the Work; defective, Contractor shall be allowed an increase in or acceptance of materials,mix designs,or equipment the Contract Price or an extension of the Contract I submitted for approval prior to Contractor's purchase Times, or both, directly attributable to such thereof for incorporation in the Work. Such uncovering,exposure,observation,inspection,testing, inspections, tests, or approvals shall be performed by replacement, and reconstruction. If the parties are organizations acceptable to Owner and Engineer. unable to agree as to the amount or extent thereof, I Contractor may make a Claim therefor as provided in E.If any Work(or the work of others)that is Paragraph 10.05. to be inspected, tested, or approved is covered by I Contractor without written concurrence of Engineer,it 13.05 Owner May Stop the Work must, if requested by Engineer, be uncovered for observation. A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable I F. Uncovering Work as provided in materials or equipment, or fails to perform the Work Paragraph 13.03.E shall be at Contractor's expense in such a way that the completed Work will conform unless Contractor has given Engineer timely notice of to the Contract Documents, Owner may order Contractor's intention to cover the same and Engineer Contractor to stop the Work, or any portion thereof, I has not acted with reasonable promptness in response until the cause for such order has been eliminated; to such notice. however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to I 13.04 Uncovering Work exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or A. If any Work is covered contrary to the entity, or any surety for, or employee or agent of any I written request of Engineer, it must, if requested by of them. Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.ense. 13.06 Correction or Removal of Defective Work I B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer A. Promptly after receipt of notice, or inspected or tested by others, Contractor, at Contractor shall correct all defective Work,whether or I Engineer's request, shall uncover, expose, or otherwise make available for observation,inspection, not fabricated,installed,or completed,or,if the Work or testing as Engineer may require,that portion of the has been rejected by Engineer, remove it from the Work in question, furnishing all necessary labor, Project and replace it with Work that is not defective. material,and equipment. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and C. If itis found that the uncovered Work is charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other I defective,Contractor shall pay all claims,costs,losses, dispute resolution costs) arising out of or relating to and damages(including but not limited to all fees and such correction or removal (including but not limited charges of engineers, architects, attorneys, and other to all costs of repair or replacement of work of others). professionals and all court or arbitration or other t dispute resolution costs) arising out of or relating to B.When correcting defective Work under the such uncovering, exposure, observation, inspection, terms of this Paragraph 13.06 or Paragraph 13.07, and testing, and of satisfactory replacement or Contractor shall take no action that would void or I reconstruction(including but not limited to all costs of otherwise impair Owner's special warranty and repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the guarantee,if any,on said Work. Contract Price. If the parties are unable to agree as to I 13.07 Correction Period EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. i GENERAL CONDITIONS 00700-44 December 2015 I I IA. If within one year after the date of after such correction or removal and replacement has Substantial Completion(or such longer period of time been satisfactorily completed. I as may be prescribed by the terms of any applicable special guarantee required by the Contract E. Contractor's obligations under this Documents) or by any specific provision of the Paragraph 13.07 are in addition to any other obligation Contract Documents, any Work is found to be or warranty. The provisions of this Paragraph 13.07 I defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or or permitted by Laws and Regulations as contemplated repose. I in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and 13.08 Acceptance of Defective Work in accordance with Owner's written instructions: A. If, instead of requiring correction or 1 1.repair such defective land or areas;or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final 2.correct such defective Work;or payment,Engineer)prefers to accept it,Owner may do t e so. Contractor shall pay all claims, costs, losses, and if the defective Work has been rejected by damages (including but not limited to all fees and Owner,remove it from the Project and replace it with charges of engineers, architects, attorneys, and other Work that is not defective,and professionals and all court or arbitration or other 11 dispute resolution costs) attributable to Owner's 4. satisfactorily correct or repair or remove evaluation of and determination to accept such and replace any damage to other Work,to the work of defective Work (such costs to be approved by I others or other land or areas resulting therefrom. Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by B. If Contractor does not promptly comply Contractor pursuant to this sentence. If any such with the terms of Owner's written instructions, or in acceptance occurs prior to Engineer's I an emergency where delay would cause serious risk of recommendation of final payment, a Change Order loss or damage, Owner may have the defective Work will be issued incorporating the necessary revisions in corrected or repaired or may have the rejected Work the Contract Documents with respect to the Work,and I removed and replaced. All claims, costs, losses, and Owner shall be entitled to an appropriate decrease in damages (including but not limited to all fees and the Contract Price, reflecting the diminished value of charges of engineers, architects, attorneys, and other Work so accepted.If the parties are unable to agree as professionals and all court or arbitration or other to the amount thereof, Owner may make a Claim I dispute resolution costs) arising out of or relating to such correction or repair or such removal and therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an replacement (including but not limited to all costs of appropriate amount will be paid by Contractor to Irepair or replacement of work of others) will be paid Owner. by Contractor. 13.09 Owner May Correct Defective Work C. In special circumstances where a I particular item of equipment is placed in continuous A. If Contractor fails within a reasonable service before Substantial Completion of all the Work, time after written notice from Engineer to correct the correction period for that item may start to run defective Work or to remove and replace rejected I from an earlier date if so provided in the Specifications. Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform D. Where defective Work (and damage to the Work in accordance with the Contract Documents, other Work resulting therefrom)has been corrected or or if Contractor fails to comply with any other I removed and replaced under this Paragraph 13.07,the provision of the Contract Documents, Owner may, correction period hereunder with respect to such Work after seven days written notice to Contractor, correct will be extended for an additional period of one year or remedy any such deficiency. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. UGENERAL CONDITIONS 00700-45 December 2015 I I B. In exercising the rights and remedies Engineer.Progress payments on account of Unit Price I under this Paragraph 13.09, Owner shall proceed Work will be based on the number of units completed. expeditiously. In connection with such corrective or I remedial action,Owner may exclude Contractor from 14.02 Progress Payments all or part of the Site,take possession of all or part of the Work and suspend Contractor's services related A.Applications for Payments thereto, take possession of Contractor's tools, I appliances, construction equipment and machinery at 1.At least 20 days before the date established the Site,and incorporate in the Work all materials and in the Agreement for each progress payment (but not equipment stored at the Site or for which Owner has more often than once a month), Contractor shall I paid Contractor but which are stored elsewhere. submit to Engineer for review an Application for Contractor shall allow Owner, Owner's Payment filled out and signed by Contractor covering representatives,agents and employees,Owner's other the Work completed as of the date of the Application I contractors, and Engineer and Engineer's consultants and accompanied by such supporting documentation access to the Site to enable Owner to exercise the as is required by the Contract Documents.If payment rights and remedies under this Paragraph. is requested on the basis of materials and equipment not incorporated in the Work but delivered and I C. All claims, costs, losses, and damages suitably stored at the Site or at another location agreed (including but not limited to all fees and charges of to in writing,the Application for Payment shall also be engineers, architects, attorneys, and other accompanied by a bill of sale, invoice, or other professionals and all court or arbitration or otherdocumentation warranting that Owner has received the dispute resolution costs) incurred or sustained by materials and equipment free and clear of all Liens and Owner in exercising the rights and remedies under this evidence that the materials and equipment are covered Paragraph 13.09 will be charged against Contractor, by appropriate property insurance or other I and a Change Order will be issued incorporating the arrangements to protect Owner's interest therein,all of necessary revisions in the Contract Documents with which must be satisfactory to Owner. respect to the Work;and Owner shall be entitled to an appropriate decrease in the Contract Price. If the 2.Beginning with the second Application for parties are unable to agree as to the amount of the Payment, each Application shall include an affidavit adjustment, Owner may make a Claim therefor as of Contractor stating that all previous progress provided in Paragraph 10.05. Such claims, costs, payments received on account of the Work have been I losses and damages will include but not be limited to applied on account to discharge Contractor's all costs of repair, or replacement of work of others legitimate obligations associated with prior destroyed or damaged by correction, removal, or Applications for Payment. replacement of Contractor's defective Work. I 3. The amount of retainage with respect to D. Contractor shall not be allowed an progress payments will be as stipulated in the extension of the Contract Times because of any delay Agreement. I in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies B.Review of Applications under this Paragraph 13.09. ARTICLE 14-PAYMENTS TO 1.Engineer will, within 10 days after receipt 111 CONTRACTOR AND COMPLETION of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to 14.01 Schedule of Values Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, A. The Schedule of Values established as Contractor may make the necessary corrections and I provided in Paragraph 2.07.A will serve as the basis resubmit the Application. for progress payments and will be incorporated into a form of Application for Payment acceptable to 2. Engineer's recommendation of any I payment requested in an Application for Payment will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I GENERAL CONDITIONS 00700-46 December 2015 1 I 1 constitute a representation by Engineer to Owner, 4.Neither Engineer's review of Contractor's based on Engineer's observations on the Site of the Work for the purposes of recommending payments nor I executed Work as an experienced and qualified design Engineer's recommendation of any payment, professional and on Engineer's review of the including final payment,will impose responsibility on Application for Payment and the accompanying data Engineer: and schedules, that to the best of Engineer's I knowledge,information and belief: a. to supervise, direct, or control the Work,or a. the Work has progressed to the point I indicated; b. for the means, methods, techniques, sequences,or procedures of construction, b. the quality of the Work is generally in or the safety precautions and programs accordance with the Contract Documents incident thereto, or I (subject to an evaluation of the Work as a functioning whole prior to or upon c.for Contractor's failure to comply with I Substantial Completion, to the results of Laws and Regulations applicable to any subsequent tests called for in the Contractor's performance of the Work, Contract Documents, to a final or determination of quantities and 1 classifications for Unit Price Work under d. to make any examination to ascertain Paragraph 9.07, and to any other how or for what purposes Contractor has qualifications stated in the used the moneys paid on account of the Irecommendation); and Contract Price,or c. the conditions precedent to e. to determine that title to any of the I Contractor's being entitled to such Work, materials, or equipment has payment appear to have been fulfilled in passed to Owner free and clear of any so far as it is Engineer's responsibility to Liens. I observe the Work. 5. Engineer may refuse to recommend the 3. By recommending any such payment whole or any part of any payment if, in Engineer's Engineer will not thereby be deemed to have opinion, it would be incorrect to make the I represented that: representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend a. inspections made to check the quality any such payment or, because of subsequently or the quantity of the Work as it has been discovered evidence or the results of subsequent performed have been exhaustive, inspections or tests,revise or revoke any such payment extended to every aspect of the Work in recommendation previously made, to such extent as I progress, or involved detailed may be necessary in Engineer's opinion to protect inspections of the Work beyond the Owner from loss because: responsibilities specifically assigned to a. the Work is defective, or completed Engineer in the Contract Documents; or I Work has been damaged, requiring b. that there may not be other matters or correction or replacement; issues between the parties that might b.the Contract Price has been reduced by I entitle Contractor to be paid additionally Change Orders; by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-47 December 2015 I I c. Owner has been required to correct Contractor, when Contractor corrects to Owner's I defective Work or complete Work in satisfaction the reasons for such action. accordance with Paragraph 13.09; orI 3. If it is subsequently determined that d. Engineer has actual knowledge of the Owner's refusal of payment was not justified, the occurrence of any of the events amount wrongfully withheld shall be treated as an enumerated in Paragraph 15.02.A. amount due as determined by Paragraph 14.02.C.1. C.Payment Becomes Due 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that I 1. Ten days after presentation of the title to all Work,materials,and equipment covered by Application for Payment to Owner with Engineer's any Application for Payment,whether incorporated in recommendation, the amount recommended will the Project or not,will pass to Owner no later than the I (subject to the provisions of Paragraph 14.02.D) time of payment free and clear of all Liens. become due, and when due will be paid by Owner to Contractor. 14.04 Substantial Completion I D.Reduction in Payment A. When Contractor considers the entire Work ready for its intended use Contractor shall notify 1.Owner may refuse to make payment of the Owner and Engineer in writing that the entire Work is full amount recommended by Engineer because: substantially complete (except for items specifically listed by Contractor as incomplete) and request that a. claims have been made against Owner Engineer issue a certificate of Substantial Completion. I on account of Contractor's performance or furnishing of the Work; B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an b. Liens have been filed in connection inspection of the Work to determine the status of with the Work, except where Contractor completion. If Engineer does not consider the Work has delivered a specific bond satisfactory substantially \ complete, Engineer will notify to Owner to secure the satisfaction and Contractor in writing giving the reasons therefor. I discharge of such Liens; C. If Engineer considers the Work c.there are other items entitling Owner to substantially complete,Engineer will deliver to Owner a tentative certificate of Substantial Completion which a set-off against the amount shall fix the date of Substantial Completion. There recommended; or shall be attached to the certificate a tentative list of items to be completed or corrected before final I d. Owner has actual knowledge of the payment.Owner shall have seven days after receipt of occurrence of any of the events the tentative certificate during which to make written enumerated in Paragraphs 14.02.B.5.a objection to Engineer as to any provisions of the I through 14.02.B.5.c or Paragraph certificate or attached list. If, after considering such 15.02.A. objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days I 2. If Owner refuses to make payment of the after submission of the tentative certificate to Owner full amount recommended by Engineer, Owner will notify Contractor in writing, stating the reasons give Contractor immediate written notice(with a copy therefor.If,after consideration of Owner's objections, to Engineer) stating the reasons for such action and Engineer considers the Work substantially complete, I promptly pay Contractor any amount remaining after Engineer will within said 14 days execute and deliver deduction of the amount so withheld. Owner shall to Owner and Contractor a definitive certificate of promptly pay Contractor the amount so withheld, or Substantial Completion(with a revised tentative list of I any adjustment thereto agreed to by Owner and items to be completed or corrected) reflecting such EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-48 December 2015 I Ichanges from the tentative certificate as Engineer certificate of Substantial Completion for that part of believes justified after consideration of any objections the Work. I from Owner. 3.Within a reasonable time after either such D. At the time of delivery of the tentative request, Owner, Contractor, and Engineer shall make certificate of Substantial Completion, Engineer will an inspection of that part of the Work to determine its I deliver to Owner and Contractor a written recommendation as to division of responsibilities status of completion. If Engineer does not consider that part of the Work to be substantially complete, pending final payment between Owner and Contractor Engineer will notify Owner and Contractor in writing I with respect to security, operation, safety, and giving the reasons therefor.If Engineer considers that protection of the Work, maintenance, heat, utilities, part of the Work to be substantially complete, the insurance, and warranties and guarantees. Unless provisions of Paragraph 14.04 will apply with respect Owner and Contractor agree otherwise in writing and to certification of Substantial Completion of that part I so inform Engineer in writing prior to Engineer's of the Work and the division of responsibility in issuing the definitive certificate of Substantial respect thereof and access thereto. Completion, Engineer's aforesaid recommendation I will be binding on Owner and Contractor until final 4.No use or occupancy or separate operation payment. of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding E. Owner shall have the right to exclude property insurance. I Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable 14.06 Final Inspection access to complete or correct items on the tentative list. I 14.05 Partial Utilization A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final I A. Prior to Substantial Completion of all the inspection with Owner and Contractor and will notify Work, Owner may use or occupy any substantially Contractor in writing of all particulars in which this completed part of the Work which has specifically inspection reveals that the Work is incomplete or been identified in the Contract Documents, or which defective. Contractor shall immediately take such I Owner, Engineer, and Contractor agree constitutes a measures as are necessary to complete such Work or separately functioning and usable part of the Work that remedy such deficiencies. can be used by Owner for its intended purpose without Isignificant interference with Contractor's performance 14.07 Final Payment of the remainder of the Work,subject to the following conditions. A.Application for Payment 1.Owner at any time may request Contractor 1. After Contractor has, in the opinion of in writing to permit Owner to use or occupy any such Engineer, satisfactorily completed all corrections part of the Work which Owner believes to be ready for identified during the final inspection and has its intended use and substantially complete. If and delivered, in accordance with the Contract I when Contractor agrees that such part of the Work is Documents, all maintenance and operating substantially complete, Contractor will certify to instructions,schedules,guarantees,bonds,certificates Owner and Engineer that such part of the Work is or other evidence of insurance certificates of I substantially complete and request Engineer to issue a inspection,marked-up record documents(as provided certificate of Substantial Completion for that part of in Paragraph 6.12), and other documents, Contractor the Work. may make application for final payment following the I 2. Contractor at any time may notify Owner procedure for progress payments. and Engineer in writing that Contractor considers any 2.The final Application for Payment shall be such part of the Work ready for its intended use and accompanied(except as previously delivered)by: Isubstantially complete and request Engineer to issue a EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-49 December 2015 I. I a. all documentation called for in the reasons for refusing to recommend final payment, in I Contract Documents, including but not which case Contractor shall make the necessary limited to the evidence of insurance corrections and resubmit the Application for Payment. I required by Paragraph 5.04.B.7; C.Payment Becomes Due b. consent of the surety, if any, to final I 1.Thirty days after the presentation to Owner payment; of the Application for Payment and accompanying documentation, the amount recommended by c. a list of all Claims against Owner that Engineer, less any sum Owner is entitled to set off 1 Contractor believes are unsettled; and against Engineer's recommendation,including but not limited to liquidated damages, will become due and , d.complete and legally effective releases will be paid by Owner to Contractor. I or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in 14.08 Final Completion Delayed connection with the Work. A. If, through no fault of Contractor, final 3. In lieu of the releases or waivers of Liens completion of the Work is significantly delayed,and if specified in Paragraph 14.07.A.2 and as approved by Engineer so confirms, Owner shall, upon receipt of Owner,Contractor may furnish receipts or releases in Contractor's final Application for Payment(for Work I full and an affidavit of Contractor that: (i)the releases fully completed and accepted)and recommendation of and receipts include all labor, services, material, and Engineer,and without terminating the Contract,make equipment for which a Lien could be filed;and(ii)all payment of the balance due for that portion of the payrolls, material and equipment bills, and other Work fully completed and accepted. If the remaining I indebtedness connected with the Work for which balance to be held by Owner for Work not fully Owner or Owner's property might in any way be completed or corrected is less than the retainage responsible have been paid or otherwise satisfied. If stipulated in the Agreement, and if bonds have been any Subcontractor or Supplier fails to furnish such a furnished as required in Paragraph 5.01, the written 1 release or receipt in full, Contractor may furnish a consent of the surety to the payment of the balance due bond or other collateral satisfactory to Owner to for that portion of the Work fully completed and indemnify Owner against any Lien. accepted shall be submitted by Contractor to Engineer I with the Application for such payment. Such payment B. Engineer's Review of Application and shall be made under the terms and conditions Acceptance governing final payment, except that it shall not I constitute a waiver of Claims. 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, 14.09 Waiver of Claims and Engineer's review of the final Application for Payment and accompanying documentation as A. The making and acceptance of final required by the Contract Documents, Engineer is payment will constitute: satisfied that the Work has been completed and Contractor's other obligations under the Contract 1. a waiver of all Claims by Owner against Documents have been fulfilled, Engineer will, within Contractor, except Claims arising from unsettled ten days after receipt of the final Application for Liens, from defective Work appearing after final Payment, indicate in writing Engineer's inspection pursuant to Paragraph 14.06,from failure to recommendation of payment and present the comply with the Contract Documents or the terms of Application for Payment to Owner for payment.At the any special guarantees specified therein, or from same time Engineer will also give written notice to Contractor's continuing obligations under the Contract Owner and Contractor that the Work is acceptable Documents;and subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for 2. a waiver of all Claims by Contractor Payment to Contractor, indicating in writing the against Owner other than those previously made in I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-50 December 2015 I I Iaccordance with the requirements herein and expressly be used by Contractor(without liability to Contractor acknowledged by Owner in writing as still unsettled. for trespass or conversion), IARTICLE 15- SUSPENSION OF WORK 2. incorporate in the Work all materials and AND TERMINATION equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere,and 1 I15.01 Owner May Suspend Work 3. complete the Work as Owner may deem expedient. I A. At any time and without cause, Owner may suspend the Work or any portion thereof for a C. If Owner proceeds as provided in period of not more than 90 consecutive days by notice Paragraph 15.02.B,Contractor shall not be entitled to in writing to Contractor and Engineer which will fix receive any further payment until the Work is I the date on which Work will be resumed. Contractor completed.If the unpaid balance of the Contract Price shall resume the Work on the date so fixed.Contractor exceeds all claims, costs, losses, and damages shall be granted an adjustment in the Contract Price or (including but not limited to all fees and charges of an extension of the Contract Times, or both, directly engineers, architects, attorneys, and other attributable to any such suspension if Contractor professionals and all court or arbitration or other makes a Claim therefor as provided in Paragraph dispute resolution costs) sustained by Owner arising 10.05. out of or relating to completing the Work,such excess 1 will be paid to Contractor.If such claims,costs,losses, 15.02 Owner May Terminate for Cause and damages exceed such unpaid balance,Contractor shall pay the difference to Owner. Such claims,costs, A.The occurrence of any one or more of the losses, and damages incurred by Owner will be following events will justify termination for cause: reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a I 1. Contractor's persistent failure to perform Change Order. When exercising any rights or the Work in accordance with the Contract Documents remedies under this Paragraph Owner shall not be (including, but not limited to, failure to supply required to obtain the lowest price for the Work sufficient skilled workers or suitable materials or Performed. I equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted D. Notwithstanding Paragraphs 15.02.B and from time to time pursuant to Paragraph 6.04); 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of I 2. Contractor's disregard of Laws or notice of intent to terminate to correct its failure to Regulations of any public body having jurisdiction; perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. I Engineer; 3.or Contractor's disregard of the authority of E. Where Contractor's services have been so terminated by Owner, the termination will not affect 4. Contractor's violation in any substantial any rights or remedies of Owner against Contractor way of any provisions of the Contract Documents. then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by B. If one or more of the events identified in Owner will not release Contractor from liability. I Paragraph 15.02.A occur, Owner may, after giving F. If and to the extent that Contractor has Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that I 1.exclude Contractor from the Site,and take bond shall supersede the provisions of Paragraphs possession of the Work and of all Contractor's tools, 15.02.B,and 15.02.C. appliances,construction equipment,and machinery at I the Site,and use the same to the full extent they could EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IGENERAL CONDITIONS 00700-51 December 2015 I or 15.03 Owner and Engineer,and provided OwnerEngineer I Owner May Terminate For do not remedy such suspension or failure within that Convenience time, terminate the Contract and recover from Owner I payment on the same terms as provided in Paragraph 15.03. A. Upon seven days written notice to I Contractor and Engineer, Owner may, without cause B. In lieu of terminating the Contract and and without prejudice to any other right or remedy of without prejudice to any other right or remedy, if ' Owner, terminate the Contract. In such case, Engineer has failed to act on an Application for Contractor shall be paid for (without duplication of Payment within 30 days after it is submitted,or Owner I any items): has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven 1. completed and acceptable Work executed days after written notice to Owner and Engineer, stop I in accordance with the Contract Documents prior to the Work until payment is made of all such amounts the effective date of termination, including fair and due Contractor, including interest thereon. The reasonable sums for overhead and profit on such provisions of this Paragraph 15.04 are not intended to Work; preclude Contractor from making a Claim under I Paragraph 10.05 for an adjustment in Contract Price or 2. expenses sustained prior to the effective Contract Times or otherwise for expenses or damage date of termination in performing services and directly attributable to Contractor's stopping the Work I furnishing labor, materials, or equipment as required as permitted by this Paragraph. by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for ARTICLE 16-DISPUTE RESOLUTION overhead and profit on such expenses; I 3. all claims, costs, losses, and damages 16.01 Methods and Procedures (including but not limited to all fees and charges of engineers, architects, attorneys, and other A. Either Owner or Contractor may request 1 professionals and all court or arbitration or other mediation of any Claim submitted to Engineer for a dispute resolution costs) incurred in settlement of decision under Paragraph 10.05 before such decision terminated contracts with Subcontractors, Suppliers, becomes final and binding. The mediation will be I and others;and governed by the Construction Industry Mediation Rules of the American Arbitration Association in 4.reasonable expenses directly attributable to effect as of the Effective Date of the Agreement.The termination. request for mediation shall be submitted in writing to I the American Arbitration Association and the other B.Contractor shall not be paid on account of party to the Contract.Timely submission of the request loss of anticipated profits or revenue or other shall stay the effect of Paragraph 10.05.E. economic loss arising out of or resulting from such I termination. B. Owner and Contractor shall participate in the mediation process in good faith.The process shall 15.04 Contractor May Stop Work or be concluded within 60 days of filing of the request. I Terminate The date of termination of the mediation shall be determined by application of the mediation rules referenced above. A.If,through no act or fault of Contractor,(i) I the Work is suspended for more than 90 consecutive C.If the Claim is not resolved by mediation, days by Owner or under an order of court or other Engineer's action under Paragraph 10.05.0 or a denial public authority, or (ii) Engineer fails to act on any pursuant to Paragraphs 10.05.C.3 or 10.05.D shall Application for Payment within 30 days after it is become final and binding 30 days after termination of submitted, or (iii) Owner fails for 30 days to pay the mediation unless, within that time period, Owner Contractor any sum finally determined to be due,then or Contractor: Contractor may, upon seven days written notice to I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright CO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I GENERAL CONDITIONS 00700-52 December 2015 I t 1. elects in writing to invoke any dispute 17.04 Survival of Obligations resolution process provided for in the Supplementary Conditions,or A. All representations, indemnifications, warranties, and guarantees made in, required by, or 2. agrees with the other party to submit the given in accordance with the Contract Documents, as Claim to another dispute resolution process,or well as all continuing obligations indicated in the Contract Documents, will survive final payment, 3. gives written notice to the other party of completion, and acceptance of the Work or their intent to submit the Claim to a court of competent termination or completion of the Contract or ' jurisdiction. termination of the services of Contractor. ARTICLE 17-MISCELLANEOUS 17.05 Controlling Law 17.01 Giving Notice A.This Contract is to be governed by the law of the state in which the Project is located. A. Whenever any provision of the Contract Documents requires the giving of written notice,it will 17.06 Headings be deemed to have been validly given if: A. Article and paragraph headings are inserted for 1. delivered in person to the individual or to convenience only and do not constitute parts of these a member of the firm or to an officer of the corporation General Conditions. 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-53 December 2015 1 i 1 1 r 1 1 I 1 1 1 1 t 1 1 EJCDC C-700 Standard General Conditions of the Construction Contract. , Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS 00700-54 December 2015 1 1 SECTION 00800 SUPPLEMENTARY CONDITIONS ' FOR RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN PROJECT NO. 6631 1 GENERAL These Supplementary Conditions make additions, deletions or revisions to the Section 00700 - General Conditions of the Contract Documents. All provisions which are not so added to, deleted or revised remain in full force and effect. Terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. SC-1.01.A-Delete and replace the following paragraphs: 6. Bidder--Any individual,partnership, corporation,joint venture, or other combination thereof who submits a Bid to Owner for the Work contemplated, acting directly or through an authorized ' representative. As used in the Contract Documents, masculine pronouns refer to both masculine and feminine genders. ' 15. Contractor -- Person or entity identified as such in the Agreement and the Contractor's authorized representatives who are referred to throughout the Contract Documents as if singular in number. 19.Engineer -- Person or entity identified as such in the Agreement and the Engineer's authorized ' representatives who are referred to throughout the Contract Documents as if singular in number. 29. Owner--The individual, entity, public body or authority identified as such in the Agreement and the Owner's authorized representatives who are referred to throughout the Contract Documents as if singular in number. SC-1.01.A-Add new paragraphs immediately following Paragraph 1.01.A.52 as follows: 53. Final Completion--See Paragraph 14.07.B.1 and SC-14.07.B.1 for definition. 54. Latent Defect--A defect in the Work of which the Owner has no actual knowledge. ' 55. Specialist--The term Specialist refers to a person, partnership, firm, or corporation of established reputation (or if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workers skilled in either (as applicable) manufacturing of fabricated items required by the Contract ' Documents, or otherwise performing Work required by the Contract Documents. Where the Specifications require the installation by a Specialist, that term shall also be deemed to mean either the manufacturer of the items, a person, partnership, firm, or corporation licensed by the 1 SUPPLEMENTARY CONDITIONS 111 DECEMBER 2015 00800-1 i manufacturer, or aperson, partnership, firm, or corporation who will perform the Work under the P P rP manufacturer's direct supervision. 56. Consultant--An individual or entity having a direct contract with the Engineer or Engineer's Consultant for performance of work on the Project. 57. Award--The formal acceptance of the Bid by Owner's Board of Directors. 1 58. Bid Guarantee(Bid Bond) --The security furnished with a Bid to guarantee that the Bidder will enter into the Contract if Bidder's Bid is accepted by Owner. 59. Construction Manager -- Person or entity designated by the Owner to provide construction management services for the Project with duties, responsibilities, and limitations of the Engineer, unless stipulated otherwise. 60. Design Engineer—Murray Smith&Associates,Inc. 1 61. Equipment -- (Construction) -- All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the Work contemplated. (Installation) --- All material or 111 articles used in equipping a facility or apparatus required to fulfill a functional design. 62. Execution -- Field or site performance, workmanship, installation, erection, application, field fabrication,quality control,and protection of installed products on the site. 63. Materials -- All materials incorporated into the Project, including equipment and all other materials consumed or to be consumed in the performance of the Work contemplated. 64. Procurement Contractor -- The corporation, company, partnership, firm, or individual who has entered into a contract with Owner outside the scope of these Contract Documents, to furnish materials and equipment for this Project. 65. Product Data -- Type of Shop Drawing comprised of standard illustrations, schedules, ' performance charts, instructions, brochures, diagrams, catalog cuts, and other information assembled by or for the Contractor and submitted by the Contractor to illustrate materials or equipment for some portion of the Work. 66. Products --Materials,equipment, systems, ship fabrications, mixtures, and source controls. 67. Utility --Any public or private fixed works for transporting fluids, gases, electricity, signals, or communications. SC-2.01—Add the following paragraph immediately after 2.01.B: C. Public Works Bond: Before starting any Work on the Project, Contractor and every Subcontractor performing Work on the Project must have a public works bond filed with the Construction Contractors Board,unless exempt under ORS 279C.836(4), (7), (8), or(9). Contractor must require in every subcontract that the Subcontractor have a public works bond filed with the Construction Contractors Board before starting work on the Project unless exempt under ORS 279C.836(4), (7), (8), or (9). Contractor shall include copies of both its public works bond and the public works bonds from its Subcontractors in the copies of the bonds required in Paragraph 2.01.A above. SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-2 I SC-2.02.A — Delete the first sentence of Article 2.02.A in its entiretyand replace with the following P sentence: Owner shall furnish to Contractor up to five copies of the Project Manual (Specifications and half- size Drawings) and two copies of full-size Drawings. SC-2.03.A—Delete the third sentence of Paragraph 2.03.A in its entirety. SC-2.05.A—Before Starting Construction: Add the following to paragraph 2.05.A: 4.A preliminary schedule of payments showing projected cash flow. SC-2.07.A—Initial Acceptance of Schedules: Add the following to paragraph 2.07.A: 4. Contractor's schedule of payments will be acceptable if it provides a reasonable projection of payments in relationship to the Progress Schedule and Schedule of Values. SC-3.01.A—Add the following at the end of Paragraph 3.01.A: In resolving inconsistencies among two or more components of the Contract Documents, precedence shall be given in the following order: ' 1. Permits from outside agencies 2. Agreement 3. Addenda 4. Contractor's Bid(Bid Form) 5. Supplementary Conditions 6. General Conditions 7. Specifications — Divisions 00 and 01 (Except Sections 00030 — Advertisement to Bid, and Section 00100—Instructions to Bidders) 8. Specifications—Divisions 02— 17 9. Drawings 10. Bonds Change Orders, Work Change Directives, Field Orders, Engineer's written interpretation and g tP clarifications and Notice to Proceed, in precedence listed, will take precedence over all other Contract ' Document components referenced herein. Figure dimensions on Drawings take precedence over scaled dimensions. The Drawings with the higher level of detail take precedence over less detailed Drawings. SC-3.04.B.2 — Delete the parenthetical phrase in its entirety in Paragraph 3.04.B.2 and replace with the following: (Subject to the provisions of Section 01300—Submittal) SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-3 I SC-4.01.B—Delete Paragraph 4.01.B in its entirety and change Paragraph"C"to"B".. SC-4.01.0—Availability of Lands: Add the following paragraph 4.01.C: , C. Any Work performed in public rights-of-way, in addition to conforming to the Contract Documents, shall be done in accordance with the requirements of the permit issued by the public agency in whose right-of-way the Work is located. SC-4.02.B —In the first sentence, insert the word "reasonably"between the words "may" and "rely" and delete the second sentence(beginning with"Such" and ending with"Conditions")of Paragraph 4.02.B. ' SC-4.02. -Add new paragraphs immediately after paragraph 4.02.B of the General Conditions as follows: C. In preparation of Drawings and Specifications, Engineer or Engineer's Consultants have utilized the following reports and drawings of physical conditions: 1. Geotechnical Investigation, Clean Water Services, River Terrace North Pump Station and Force Main,PN 6631,Tigard,Oregon, GRI, September 11, 2015. D. These reports and drawings are not part of the Contract Documents, but as established above, i the Contractor may reasonably rely on the general accuracy of the technical data contained in such reports and drawings, except for such physical dimensions that can be field verified. However, the interpretation of such technical data, including interpolation or extrapolation thereof, and opinions contained in suchreports and drawings are not to be relied on by the Contractor. Copies of these reports and drawings may be examined at the office of the Owner or Engineer during regular business hours if said reports and drawings are not bound herein. 1 SC-4.05.A—Add the following sentence after the first sentence of Paragraph 4.05.A: Reference points shall be as shown on the Drawings. SC-4.06.B—In the first sentence,insert the word"reasonably"between the words"may" and"rely". SC-4.06.F-Delete this Paragraph in its entirety. SC-4.06.G - Delete this Paragraph in its entirety and change Paragraph"H" to "F" and Paragraph"I" to SC-5.01.A — Delete the second sentence of Paragraph 5.01.A in its entirety and replace with the 111 following: These bonds shall remain in effect until one year after the date of Final Completion of the Project and acceptance by the Owner, except as provided otherwise by Laws or Regulations or by the Contract Documents. SC-5.02.A-Add the following to Paragraph 5.02.A: 1 Such surety shall have a rating of not less than A-X in the most current edition of Best's Rating Guide. I SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-4 I 111 SC-5.03.A—Add the following to the end of Paragraph 5.03.A: ' Owner has identified the following parties or entities as additional insureds: 1. Clean Water Services(Owner) 2. Engineer and Engineer's consultants SC-5.03—Certificates of Insurance: Add the following paragraph immediately after Paragraph 5.03.A: Deliver all certificates of insurance required by the Contract Documents to Owner with the executed Agreement. SC-5.04—Delete Paragraph 5.04 in its entirety and replace with the following paragraphs: 5.04 Contractor's Liability Insurance A. Insurance Generally: Contractor shall provide the insurance coverage designated hereinafter and pay all costs thereof. 1. Contractor shall provide Owner certificates of insurance, in forms acceptable to Owner, meeting all of the insurance requirements of the Contract when Contractor delivers the executed Agreement. Insurance is to be placed with insurers acceptable to Owner with a minimum Best's rating of A-X. 2. Before commencing Work under this Contract, Contractor shall furnish Owner with certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates and date of expiration of policies and containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after 30 days' written notice has been received by Owner." 3. In case of the breach of any provision of this Paragraph, Owner, at its option, may take out and maintain, at the expense of Contractor, such insurance as Owner may deem proper and may deduct the cost of such insurance from retainage or from any monies that may be due or become due Contractor under this Contract. B. Contractor and Subcontractor Insurance: Contractor shall not commence Work under this Contract until Contractor has obtained all the insurance required hereunder and submitted the requisite certificate of insurance and such insurance has been reviewed by Owner, nor shall Contractor allow any Subcontractor to commence Work on any subcontract until the insurance specified below has been obtained. Review of the insurance by Owner shall not relieve or decrease the liability of Contractor hereunder. C. Workers' Compensation: Contractor shall maintain during the life of this Contract workers' compensation insurance required by Oregon law and employer's liability coverage with minimum limits of$500,000 for all of Contractor's employees to be engaged in Work pursuant to this Contract. The insurer shall agree to waive all rights of subrogation against Owner and its officers, employees, agents and volunteers for losses arising from Work performed by Contractor for Owner. In case any such Work is sublet, Contractor shall require all Subcontractors to provide the same workers' compensation and employer's liability insurance for all of the Subcontractor's employees to be engaged in such Work. Where such Work under this Contract includes any water or navigational SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-5 1 exposure, coverage shall be included to cover the Federal Longshoremen's and Harbor Worker's Act and the Federal Jones Act. D. Liability Insurance: Owner and its officers, employees, agents and volunteers shall be included as additional insured on all Contractor's insurance policies as respects liability arising out of activities performed by or on behalf of Contractor, products and completed operations of Contractor; premises owned, leased or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. Coverage shall include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20. The coverage shall contain no special limitations on the scope of protection afforded to Owner and its officers, employees, agents or volunteers. The "other insurance" clause in the required insurance shall not apply to the insurance policies of the Owner. Include the following parties or entities as additional insured: 1. Clean Water Services,2550 S.W.Hillsboro Highway,Hillsboro,Oregon 97123. 2. Murray,Smith&Associates, 121 SW Salmon,Suite 900,Portland Oregon 97204. 1 3. All subconsultants to Engineer. E. Commercial and Automobile Liability Insurance: Contractor shall maintain during the life of this Contract coverage that is at least as broad as paragraphs A and B of this section, and with the limits required below: 1. Commercial General Liability Insurance: "Occurrence" Form including XCU, with a $ (see schedule below) combined single limit per occurrence and a $ (see schedule below) Products and Completed Operations and General Annual Aggregate limit. The policy shall be endorsed to provide full Products and Completed Operations and General Annual Aggregate limits for the Project independent of any other project of Contractor. (Note: "Claims Made" coverage may be considered subject to additional conditions on a case-by-case basis.) I Schedule for Commercial General Liability Limits Product & Completed Operations and General Contract Bid Per Occurrence Limit Annual Aggregate Limit 111 Less than$100,000 $500,000 $1,000,000 $100,000-$1,000,000 $1,500,000 $2,000,000 Greater than$1,000,000 $4,000,000 $5,000,000 2. Automobile Liability Insurance: Code 1 ("any auto") and Uninsured Motorist Endorsement with a$ (see schedule below)combined single limit per occurrence. Contract Bid Per Occurrence Limit I $0-$1,000,000 $500,000 Greater than$1,000,000 $1,000,000 F. Excess/Umbrella Liability: If Contractor's primary-coverage commercial general liability and automobile coverages do not meet the minimum limit required, Contractor shall maintain during the SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-6 1 life of this Contract excess or umbrella liability over the primary policies sufficient to meet the total aggregate limits required by this Contract. ' G. Pollution Liability Insurance: Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the Contract, Pollution Liability Insurance covering the Contractor's liability for bodily injury, property damage and environmental damage from sudden accidental pollution and related cleanup cost incurred by the Contractor, all arising out of the Work or services including the transportation risk to be performed under this Contract. Combined single limit per occurrence shall not be less than$2,000,000.Annual aggregate limit shall not be less than$2,000,000. H. Other Insurance Provisions: 1. Contractor shall show evidence that the required commercial and automobile liability is in effect for the entire term of this Contract. 2. Owner shall be named as an "Additional Insured" on all liability policies in effect under this Contract. 3. Contractor's coverage shall be primary insurance for Owner and its officers, employees, agents and volunteers. Any insurance or self-insurance maintained by Owner and its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute Iwith it. 4. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Owner and its officers,employees,agents or volunteers. 5. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the limits of the insurer's liability. I. All Coverages: Any accidents or incidents causing injury or property damage shall be reported by Contractor to Owner and Contractor's insurer. Any deductible or self-insured retentions in excess of 1 percent of the Contract amount must be declared to and approved by Owner. At the option of Owner, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Owner and its officers,employees, agents and volunteers, or Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. In the event any Work under this Contract is performed by a Subcontractor, Contractor shall be responsible for any liability directly or indirectly arising out of the Work performed under this Contract by a Subcontractor,which liability is not covered by the Subcontractor's insurance. J. Insurance Coverage for Special Conditions: When the construction is to be accomplished within a public or private right-of-way requiring special insurance coverage,Contractor shall conform to the particular requirements of the authority having jurisdiction and provide the required insurance. Contractor shall include in its liability policy all endorsements that may be required for the protection of the Owner and its officers, agents and employees. Insurance coverage for special conditions, when required shall be provided as set forth in the Supplementary Conditions. K. No Personal Liability for Public Officials: In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon any public official. I SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-7 1 L. Additional Insurance: In addition to the specific insurance requirements set forth above, P q Contractor shall also provide all insurance and/or certificates required by federal, state, county or municipal bodies,as well as railroads and public utilities. I SC-5.06.A—Delete the word"Owner"in the first sentence and replace with the word"Contractor." SC-5.06.B—Delete the word"Owner"in the first line and replace with the word"Contractor". ' SC-5.06.E —Replace the word "Owner" with the word "Contractor" and replace the word "Contractor" with the word"Owner"throughout this paragraph. SC-5.07.B.1—Delete this Paragraph in its entirety and renumber Paragraph 5.07.B.2 to 5.07.B.1. SC-6.01.B—Add the following after the first sentence of Paragraph 6.01.B: The replacement shall also be a competent resident superintendent and shall be subject to approval by Owner. The Contractor's superintendent shall be present at the Site at all times while Work is in progress and shall be available by phone for emergencies 24 hours per day, 7 days per week. If at any time the superintendent leaves the Project Site while Work is in progress, Engineer shall be notified and provided with the name of the Contractor's representative having responsible charge. SC-6.02.B—Add the following sentence to the end of Paragraph 6.02.B: Contractor's Subcontractors') regular work hours shall be between 7:00 a.m. and 6:00 p.m. on (and g weekdays,Monday through Friday,only. SC-6.03 — Services, Materials, and Equipment: Add the following paragraphs immediately after paragraph 6.03.C: D. Until Substantial Completion of the Work is acknowledged by Owner, Contractor shall have the responsible charge and care of the Work and of materials to be used herein, including materials for which Contractor has received partial payment or materials which have been furnished by Owner, and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution of the Work or not. E. Contractor shall rebuild, repair,restore, and make good all injuries, losses, or damages to any111 portion of the Work or the materials occasioned by any cause before the Work's completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, Contractor shall, at Contractor's own expense, provide suitable drainage and erect such111 temporary structures or rent such structures as are necessary to protect the Work or materials from damage. The suspension of the Work or the granting of an extension of time for any cause whatever shall not relieve Contractor of Contractor's responsibility for the Work and materials as specified herein. 1 F. When the quality of a material, process, or article is not specifically set forth in the Contract Documents,the best available quality of the material,process, or article shall be provided. I SC-6.04.A—Progress Schedule: add the following subparagraph to paragraph 6.04.A: 3. If, in the opinion of Engineer, Contractor falls behind the accepted Construction Schedule due to actions or neglect of Contractor or Contractor's agents, servants, employees, officers, Subcontractors, directors, or any party contracting to perform part or all of the Work or to supply any equipment or SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-8 I materials, Contractor shall take steps, including, but not limited to, increasing the number of personnel, shifts,and/or overtime operations, days of work, and/or amount of construction equipment until such time ' as the Work is back on schedule. Contractor shall also submit for review no later than the time of submittal of the next request for partial payment, such supplementary schedule or schedules as may be necessary to demonstrate the manner in which the acceptable rate of progress will be regained,all without additional cost to Owner. SC-6.06.B —Concerning Subcontractors, Suppliers, and Others: Delete the first sentence of the paragraph I6.06.B: B. Contractor shall submit to the Owner a list of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner as stipulated in the Bidding documents. Owner's acceptance(either in writing or by failing to make written objection thereto within two weeks of submittal of the list) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. SC-6.07.A — Patent fees and Royalties: add the following subparagraphs immediately after paragraph 6.07.A: 1 1. Contractor shall furnish to Owner at the time of initial submittal, satisfactory evidence that Suppliers of proprietary materials, equipment, devices, or processes to be furnished or used in the performance of the Work do indemnify, keep, and save harmless Contractor from all liabilities, judgments, costs, damages, and expenses which may arise from the use of such proprietary materials, equipment, devices, or processes, furnished to Contractor for incorporation in or use in performance of the Work and their operation by Owner after acceptance of the Work. Such satisfactory evidence shall consist of patent licenses or patent releases covering proprietary materials, equipment, devices or processes. ' SC-6.08.A — In Paragraph 6.08.A after the words, "Supplementary Conditions", add the words, "or Division 1 —General Requirements". SC-6.08—Add the following paragraph immediately after paragraph 6.08.A: B. Contractor shall be responsible for obtaining all permits. Owner will reimburse for the cost of all permits. SC-6.09-ADD THE FOLLOWING PARAGRAPHS IMMEDIATELY AFTER PARAGRAPH 6.09.C.: D. The following paragraphs include without limitation the standard contract clauses that are required in every public contract in accordance with the Oregon Revised Statutes. Contractor shall include any other standard contract clauses required by federal, state and local laws, ordinances and regulations. This Agreement shall include by reference any other standard contract clauses required by federal, state, and local laws, ordinances and regulations. 1. Prompt Payment: Contractor shall promptly pay all of its obligations arising out of or in connection with the Work, including, but not limited to, payments (1) to all persons, as due, supplying to Contractor labor,equipment, services or material for the performance of the Work, (2) of all contributions or amounts due the Industrial Accident Fund from Contractor or any Subcontractor incurred in the performance of the Work, and (3) to the Department of Revenue of all sums withheld from employees under ORS 316.167. I SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-9 I 2. Prompt Payment Policy: It is the policy of the State of Oregon that all payments due on a public improvement contract and owed by a contracting agency shall be paid promptly. No public contracting agency is exempt from the provisions of ORS 279C.570. 1 3. Contractor's Failure to Make Prompt Payment: If, upon reasonable concern by Owner that Contractor has failed, neglected or refused to make prompt payment of any claim for labor, equipment, services or materials furnished to Contractor or a Subcontractor by any person in connection with the Project as such claim becomes due, Owner may pay such claim to the person furnishing the labor, equipment, services or materials and charge the amount of the payment against funds due or to become due Contractor under the Contract. Owner reserves the right to make payments directly or by multiple-payee check and Contractor hereby consents to such direct and multiple-payee check payments. Upon Owner's request, Contractor shall furnish to Owner the information required to facilitate such payments with each application for payment, including 111 (1)names, addresses, and telephone numbers of persons making any such claim for labor, equipment, services or material,and(2) a complete listing of outstanding amounts owed to all such persons. 4. Contractor's and First-Tier Subcontractor's Failure to Make Payment After Payment From Owner; Interest Penalty: If Contractor or a first-tier Subcontractor fails, neglects or refuses to make payment to a person furnishing labor, equipment, services or materials in connection with the Project within thirty (30) days after receipt of payment from Owner or Contractor, Contractor or first-tier Subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4)and ending upon final payment,unless payment is subject to a good faith dispute as defined in ORS 279C.580.The rate of interest charged to Contractor or first-tier Subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the Owner or from Contractor,but the rate of interest may not exceed 30 percent.The amount of interest may not be waived. 5. Construction Contractors Board Complaint: If Contractor or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor, equipment, services or materials in connection with the Project,the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. 6. Continuing Liability of Contractor and Surety: Payment by Owner of a claim in the manner authorized in this paragraph does not relieve Contractor or Contractor's surety from obligation with respect to any unpaid claims. 7. Prevailing Rate of Wage:This Project is a public works project subject to the prevailing wage rate requirements in ORS 279C.800 to 279C.870. Contractor and any Subcontractors shall comply with ORS 279C.838 and ORS 279C.840. Workers in each trade or occupation required for the Work of this Project shall not be paid less than the minimum hourly rate of wage for such workers incorporated by reference in Section 00810 of the specifications for this Agreement. 8. Fee to be Paid to BOLI: Owner will pay the required fee to the Commissioner of the Bureau 111 of Labor and Industries in accordance with the provisions of ORS 279C.825. 9. Compliance with Laws/Tax Laws: Contractor shall comply with all applicable federal, state, and local laws, statutes, codes, regulations, rules, orders and rulings as well as all applicable construction industry standards, including without limitation those governing labor, materials, equipment, construction procedures, safety, health, sanitation and the environment. Contractor agrees SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-10 1 M to indemnify, hold harmless, reimburse, and defend Owner from and against any penalties or liabilities arising out of violations of such obligations by Contractor or its Subcontractors or Suppliers ' at any tier. Contractor must also comply with all Oregon tax laws. 10. Employee Drug Testing Program: Contractor shall certify to Owner that Contractor has initiated, and shall maintain through the completion of the Work of the Project, an employee drug- testing program. 11. Work Day/Work Week: No person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it,and in such cases,the employee shall be paid at least time and a half pay(1)for all overtime in excess of 8 hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday, or (2) for all overtime in excess of 10 hours a day or 40 hours in any one week when the work is four consecutive days, Monday through Friday, and (3) for all work performed on Saturday, and on any legal holiday specified in ORS 279C.540. 12. Notice of Required Work Hours: Contractor, each Subcontractor and each lower-tier Subcontractor must give notice to its employees in writing, either at the time of hire or before ' commencement of work, or by posting a notice in a location frequented by its employees, of the number of hours per day and days per week that the employees may be required to work. 13. Claims for Overtime: Any worker employed by Contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with Contractor within 90 days from the completion of the contact, provided Contractor has: (1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to any or all workers employed on the work; and (2) Maintained such circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. 14. Worker's Compensation: All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its Subcontractors complies with these requirements. 15. Prompt Payment for Medical Services: Contractor shall promptly make payment, as due, to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. 1 16. Prompt Payment by Contractor and Subcontractors; Interest Penalty: Contractor shall include in each subcontract and supply contract entered into by Contractor a clause obligating Contractor (1) to make payment to the Subcontractor or Supplier for satisfactory performance within (10) days out of such amounts as are paid to the Contractor by Owner under the Contract, and (2) if payment is not made within 30 days after receipt of payment from Owner,to pay the Subcontractor or Supplier an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract as required by this paragraph (1) above. The interest penalty shall be for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made, and computed at the rate specified in Paragraph SUPPLEMENTARY CONDITIONS 111 DECEMBER 2015 00800-11 I 6.09.D.4. Contractor shall also include in each subcontract and supply contract entered into by 111 Contractor a clause obligating each Subcontractor and Supplier to include a payment clause and an interest penalty clause conforming to the standards of this paragraph and Paragraph 6.09.D.4 in each of its subcontracts and supply contracts and to include such clauses in their subcontracts and supply contracts with each lower-tier Subcontractor or Supplier. 17. List of Subcontractors/Licensing with Construction Contractors Board: Before commencing i Work, Contractor shall provide to Owner and Engineer a list of all Subcontractors and Suppliers to be involved on the Project. The list shall be attached to the Agreement as an Exhibit.The receipt of such list shall not require Owner or Engineer to investigate the qualifications of proposed Subcontractors and Suppliers, nor shall it waive the right of Owner to later object to or reject any proposed ' Subcontractor or Supplier. It shall be the responsibility of Contractor to assure that all Subcontractors are duly registered with the Oregon State Construction Contractors Board and have not been declared ineligible to Work on a public contract. 18. Material Salvage: To the extent the scope of the Work for this Agreement requires demolition, Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. 19. Composting: To the extent the scope of the Work for this Agreement requires lawn and landscape maintenance, Contractor must compost or mulch yard waste material at an approved site, if feasible and cost-effective. 20. Environmental and Natural Resources Laws: Pursuant to ORS 279C.525, the following is a list of Federal, State, and Local agencies that have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of this Agreement. The following list may not include all such agencies that have enacted ordinances or regulations relating to the prevention of environmental pollution and preservation of natural resources. I Federal Agencies: Agriculture,Dept. of Forest Service Natural Resources Conservation Service Defense,Dept. of Army Corps of Engineers Coast Guard Environmental Protection Agency Interior, Dept. of U.S.Fish and Wildlife Service Bureau of Land Management Bureau of Indian Affairs Bureau of Reclamation Labor,Dept. of Occupational Safety and Health Administration I Transportation,Dept.of Federal Highway Administration Bureau of Mines Federal Energy Regulatory Commission Geological Survey • Health and Human Services,Dept. of SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-12 1 Housing and Urban Development,Dept. of Mine Safety and Health Administration I Minerals Management Service National Oceanic and Atmospheric Administration Office of Surface Mining, Reclamation and Enforcement Water Resources Council State Agencies: Administrative Services,Dept. of Agriculture,Dept. of Columbia River Gorge Commission Consumer and Business Services,Dept. of Oregon Occupational Safety and Health Division Environmental Quality, Dept. of Fish and Wildlife,Dept. of Forestry,Dept.of Geology and Mineral Industries,Dept. of Human Services,Dept. of Labor and Industries,Bureau of Land Conservation and Development, Dept. of Natural Resources,Dept. of Parks and Recreation,Dept. of State Fire Marshall State Lands,Dept. of Water Resources Department Local Agencies: City Councils Circuit Courts County Commissioners, Boards of Fire Districts Historical Preservation Commission Planning Commissions Port Districts Special Districts Oregon Tribal Governments 21. Retainage: The withholding of retainage by Contractor or Subcontractor shall be in accordance with ORS 279C.550 to ORS 279C.570 and 279C.845(7). 22. Liens: Contractor shall not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. 23. Notice of Claim on Bond: The notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand-delivered no later than 180 days after the day the person last provided labor or furnished materials or 180 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to Contractor or Subcontractor at any place Contractor or Subcontractor maintains an office or conducts business or at the residence of Contractor or Subcontractor. If the claim is for a required contribution to a fund of an employee benefit plan, the notice required by ORS 279C.600 must be SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-13 t sent or delivered within 200 days after the employee last provided labor or materials. The notice shall be in writing substantially as follows: 1 To(here insert the name of Contractor or Subcontractor and the name of the Owner): Notice is hereby given that the undersigned (here insert the name of the claimant) has a claim for (here insert a brief description of the labor or materials performed or furnished and the person by whom performed or furnished; if the claim is for other than labor or materials, insert a brief description of the claim) in the sum of(here insert the amount) dollars against the (here insert public works bond or payment bond, as applicable) taken from(here insert the name of the principal and, if • known, the surety or sureties upon the public works bond or payment bond) for the work of (here insert a brief description of the work concerning which the public works bond or payment bond was taken). Such material or labor was supplied to(here insert the name of Contractor or Subcontractor). (here to be signed) SC-6.12.A—Delete the last sentence of Paragraph 6.12.A and replace it with the following sentence: Upon completion of the Work, these record Drawings, final record specifications annotated to reflect field changes,if any,Samples, and Shop Drawings will be delivered to Engineer for Owner. SC-6.13.B—Add the following parara h immediately after Paragraph 6.13.B: Contractor shall be aware that permit-required confined spaces may exist in or near the Project Site.Entry to these spaces must be accomplished in compliance with the requirements of OAR 166-150-0190 (29 CFR 1910.146). Examples of permit-required confined spaces include but are not limited to the following: I a. Open tanks beyond the handrails including clarifiers, aeration basins,channels, etc. b. Manholes. c. Flow control structures which have the potential to contain sewage. d. Enclosed tanks including digesters,clarifiers, aerated grit basins,chemical tanks,etc. e. Wet well and dry wells of pump stations. f. Electrical vaults. The hazards associated with these confined spaces may include but are not limited to: a. Oxygen deficiency. b. Combustible vapors including methane. c. Slip hazards. d. Fall/retrieval hazard. e. Engulfment hazard. f. Lockout required of mechanical and electrical devices. g. Toxic or hazardous chemicals including hydrogen sulfide and process chemicals. h. Traffic hazards. i. Hot work and ignition sources. j. Potential for rapid changes in working conditions. k. Painting or coating application activities often pose temporary hazards. I SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-14 I IIIPrior to beginning Work in permit-required confined spaces, Contractor shall provide Owner with a copy of Contractor's permit-required confined space entry plan/program including a copy of the I permit forms that will be used by Contractor. Upon request by Contractor, Owner will review with Contractor, Owner's permit-required confined space program and specific procedures Owner would incorporate in spaces entered. Owner will coordinate any of its entries into the same spaces with I Contractor. When the permit-required confined space Work is completed, Contractor shall inform Owner, in writing, of any hazards encountered or changes made resulting in different hazards within the space. ISC-6.13—Add the following paragraphs immediately after Paragraph 6.13.D: E. Before any Work at the Site is started, Contractor shall have prepared Contractor's written I plan for the Project-specific safety precautions and programs, complete with respect to procedures and actions that Contractor intends for Contractor and all others as provided in Paragraphs 6.13.A.1 and 13.02, in order for Contractor and all others to comply with all applicable Laws and Regulations. I Contractor's plan for safety precautions and programs shall have been approved and endorsed by Contractor's designated safety representative required in Paragraph 6.14. I F. Contractor shall revise Contractor's plan for safety precautions and programs at appropriate times to reflect changes in construction conditions, the Work, Contractor's means, methods, techniques, sequences and procedures of construction, and the requirements of Paragraph 13.02. Contractor shall disseminate the original plan and revisions to all others indicated in Paragraphs I6.13.A.1 and 13.02. G. Contractor'sing planor forother safety precautions and programs will not require more stringent safety I requirements, trainqualifications for all others, including those specified in Paragraph 13.02 and their employees, than Contractor sets forth for comparable activity and responsibility of Contractor, Subcontractors and Suppliers and their respective employees. ISC-6.17—Delete Paragraph 6.17 in its entirety. See Section 01300—Submittals. ISC-6.20.A—Delete Paragraph 6.20.A in its entirety and add the following paragraph: A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify, hold harmless, reimburse and defend Owner and Engineer and the officers, directors, partners, Imembers, employees, agents, Consultants and Subcontractors of each and any of them, and the successors in interest of the foregoing,from,for and against suits, actions,claims, damages,penalties, liabilities, losses and expenses (including but not limited to all fees and related costs, disbursements I and expenses of engineers, architects, attorneys and expert witness' fees) arising out of or resulting from the performance of the Work, but only to the extent caused by: 1) the negligent acts or omissions of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or I indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable,or 2)breach of this Contract by Contractor. ISC-6.21.B—Add the following sentence to Paragraph 6.21.B: The design professional shall be registered in the State of Oregon. ISC-6.21.D—In the last sentence of Paragraph 6.21.D, delete the phrase"Paragraph 6.17.D.1" and replace with"Section 01300—Submittals". 111 SUPPLEMENTARY CONDITIONS IDECEMBER 2015 00800-15 i SC-7.01—Add the following paragraphs immediately after Paragraph 7.01.C: D. Should Contractor cause damage to the work or property of any separate contractor at the Site, or should any claim arising out of or resulting from Contractor's performance of the Work at the site be made by any separate contractor against Contractor, Owner, Engineer, or Engineer's Consultants or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by mediation, arbitration or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify, hold harmless, reimburse and defend Owner and Engineer and the officers, directors,partners, members, employees, agents, Consultants and Subcontractors of each and any of them, and the successors in interest of the foregoing, from, for and against suits, actions, claims, damages, penalties, liabilities, losses and expenses (including but not limited to all fees and related costs, disbursements and expenses of engineers, architects, attorneys and expert witness' fees) arising directly,indirectly or consequentially out of or resulting from any action, legal or equitable, brought by a separate contractor against Owner, Engineer, or Engineer's Consultants or the officers, directors, employees, agents, or other Consultants of each and any of them to the extent based on a claim caused by, arising out of, or resulting from Contractor's negligent or other failure of performance in the Work. E. Should a separate contractor cause damage to the Work or property of Contractor or should the performance of work by any separate contractor at the site give rise to any other claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, or Engineer's Consultants or the officers, directors, employees, agents, or other Consultants of each and any of them or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any mediator or arbitrator which seeks to impose liability on or to recover damages from Owner, Engineer, or Engineer's Consultants or the officers, directors, employees, agents, or other consultants of each and any of them on account of any such damage or claim. SC-7.02—Delete Paragraphs 7.02.A and 7.02.B in their entireties and replace with the following: A. Engineer and Owner will have authority and responsibility for coordination of Site activities for various contractors and utility owners at and adjacent to the Project site. Contractor shall cooperate with this effort and assist the coordination with work activities conducted by other contractors performing such other work. B. Unless expressly assigned to Engineer or Owner, all other authority and responsibilities shall remain vested in each contractor and utility owner. SC-8.02.A — In Paragraph 8.02.A, delete the words, "to whom Contractor makes no reasonable objection,". SC-9.03.A—Add the following paragraphs immediately after Paragraph 9.03.A: B. The Resident Project Representative (RPR) will be furnished by Engineer. The responsibilities, authority, and limitations of the RPR are limited to those of Engineer in accordance with Paragraph 9.09 of the General Conditions and as set forth elsewhere in the Contract Documents and are further limited and described below. C. Responsibilities and Authority: 111 1. Schedules: Review and monitor the Progress Schedule, Schedule of Submittal submissions and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-16 111 2. Conferences and Meetings: Conduct or attend meetings with Contractor, such as g preconstruction conferences, progress meetings, Work conferences and other Project related meetings. 3. Liaison: (i) Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents; (ii) assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's onsite operations; (iii) assist in obtaining from Owner additional details or information when required for proper execution of the Work. 4. Submittals: Receive Submittals which are furnished at the Site by Contractor, and notify Engineer of availability for examination. Advise Engineer and Contractor of the commencement of any Work or arrival of products at the Site, when recognized, requiring a Shop Drawing or Sample if the Submittal has not been approved by Engineer. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: (i) Conduct onsite observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents; (ii) inform Engineer and Contractor whenever RPR believes that any Work is defective; (iii) advise Engineer when RPR believes that any Work will not produce a complete Project that conforms generally to the Contract Documents,or will prejudice the integrity of the design concept of the complete Project as a functioning whole as 1 indicated in the Contract Documents, or whenever RPR believes Work should be uncovered for observation, or requires special testing, inspection, or approval; (iv) monitor to ensure that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; (v) observe, record and report to Engineer appropriate details relative to the test procedures and startups; and (vi) accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,record the results of these inspections and report to the Engineer. 6. Interpretation of Contract Documents: Inform Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and provide recommendations to Engineer; transmit to Contractor the decision issued by Engineer. 8. Records: (i) Maintain at the Site files for correspondence, conference records, Submittals including Shop Drawings and Samples, reproductions of original Contract Documents including all Addenda, the signed Agreement, Written Amendments, Work Change Directives, Change Orders, Field Orders, additional Drawings issued after the Effective Date of the Agreement, Engineer's written clarifications and interpretations, progress reports, and other Project related documents; (ii) keep a record of pertinent Site conditions, activities,decisions and events. 9. Reports: (i) Furnish Engineer periodic reports of progress of the Work and of Contractor's compliance with the Progress Schedule and Schedule of Submittal submissions; (ii) consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work; and (iii) assist in drafting proposed Change Orders, Work Change Directives, and Field Orders, and obtain backup material from Contractor as appropriate. I SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-17 I Applicationswith Contractor for compliance 10. Payment Requests: Review for Payment with the established procedure for their submission and forward with recommendations to Engineer,noting particularly the relationship of the payment requested to the Schedule of Values,Work completed and materials and equipment delivered at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals, Record Documents, and Site Records: During the course of the Work, monitor whether these documents and other data required to be 111 assembled, maintained, and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Owner prior to final payment for the Work. 12. Substantial Completion: (i) Conduct an inspection in the company of Engineer, Owner, and Contractor and prepare a list of items to be completed or corrected; (ii) submit to Engineer a list of observed items requiring completion or correction. 13. Final Completion: (i) Conduct final inspection in the company of Engineer, Owner, and Contractor; and (ii) notify Contractor and Engineer in writing of all particulars in which this inspection reveals that the Work is incomplete or defective; and(iii)observe that all items on final list have been completed, corrected, or accepted by Owner and make recommendations to Engineer concerning acceptance. D. Limitations of Authority: Resident Project Representative will not: 1. have authority to authorize any deviation from the Contract Documents or substitution of materials or equipment,unless authorized by Engineer; or 2. undertake any of the responsibilities of Contractor, Subcontractors or Contractor's superintendent; or 3. accept Submittals from anyone other than the Contractor; or 4. authorize Owner to occupy the Project in whole or in part; or 5. participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. SC-9.06.A - In Paragraph 9.06.A, delete the phrase "Paragraph 6.17" and replace with "Section 01300— Submittals". SC-9.09—Add the following paragraph immediately following Paragraph 9.09.E: F. Contractors, Subcontractors, Suppliers and others on the Project, or their sureties, shall maintain no direct action against Engineer, its officers, employees, affiliated corporations, and Subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the Owner will be the beneficiary of any undertaking by Engineer. SC-10.O1.A — Change "B" to "E" in Paragraph 10.01.B and add the following paragraphs immediately after Paragraph 10.01.A: B. Owner may, in anticipation of ordering an addition, deletion or revision to the Work, request Contractor to prepare a proposal of cost and times to perform Owner's contemplated changes in the SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-18 I Work. Contractor's written proposal shall be transmitted to the Engineer promptly, but not later than fourteen days after Contractor's receipt of Owner's written request and shall remain a firm offer for a period of not less than forty-five days after receipt thereof by Engineer. 1. Contractor is not authorized to proceed on an Owner contemplated change in the Work prior to Contractor's receipt of a Change Order(or Work Change Directive)incorporating such change into the Work. 2. Owner's request for proposal or multiple requests for proposals shall not justify a claim for an adjustment in Contract Price or Contract Times(or Milestones). C. In signing a Change Order,the Owner and Contactor acknowledge and agree that: 1. The stipulated compensation (Contract Price or Contract Times, or both) set forth in the Change Order includes payment for (i) the Cost of the Work covered by the Change Order, (ii) Contractor's fee for overhead and profit, (iii) interruption of progress schedules, (iv) delay and impact, including cumulative impact, on Work under the Contract Documents, and (v) extended overhead; 2. The Change Order constitutes full'mutual accord and satisfaction for the change to the Work; 3. No reservation of rights to pursue subsequent claims on the Change Order will be made by either party; 4. No subsequent claim or amendment of the Contract Documents will arise out of or as a result of the Change Order; 5. In executing the Change Order, Contractor shall defend and indemnify Owner and Engineer and their officers, agents and employees from any and all claims of any kind by any Subcontractor or Supplier of any tier based upon the subject matter of any claim released hereunder by Contractor in the Change Order; and 6. Except as otherwise provided in the Change Order, the Contract, as amended,between Owner and Contractor remains in full force and effect. D. A copy of the Change Order form that will be used on the Project is attached as Exhibit A to the Supplementary Conditions. Requests for Information (RFI's) of the Contractor and Engineer's responses to RFI's that result in the development and execution of a Change Order shall be attached to and referenced in the Change Order. SC-10.06—Add the following paragraph to ARTICLE 10—CHANGES IN THE WORK;CLAIMS: 10.06 Cost Reduction Incentive A. Contractor may submit cost reduction proposals to the Engineer for modifying the plans, Specifications, or other requirements of this Contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair the essential functions or characteristics of the Project, including, but not limited to, service life, economy of operation, ease of maintenance, desired appearance,or safety standards. B. Cost reduction proposals shall contain the following information: SUPPLEMENTARY CONDITIONS 1 DECEMBER 2015 00800-19 1 1. A description of both the existing Contract requirements and the proposed changes. 2. An itemization of the change in Contract requirements if the cost reduction proposal is adopted. 3. A detailed estimate of the cost of performing the Work under the existing Contract and under the proposed change. The detailed estimates shall include all labor, material, equipment, Subcontractor, supervision, overhead and fee costs in sufficient detail as Owner deems appropriate and in accordance with Article 11. The detailed estimates shall also include adequate substantiation for such costs in the form of quantity surveys and Supplier and Subcontractor quotations. If requested by Owner, Contractor shall require any Subcontractors to provide detailed estimates in accordance with this Paragraph. 4. A CPM schedule analysis of the time associated with performing the Work under the existing Contract and under the proposed change. 5. A statement of the time within which the Engineer must make a decision on the cost reduction proposal. C. Engineer will not be liable to the Contractor for any failure to accept or act upon any cost reduction proposal submitted, nor for any delays to the Work attributable to any such cost reduction proposal. D. Contractor shall continue to perform the Work in accordance with the requirements of the Contract until an executed Change Order, incorporating the cost reduction proposal has been issued. If an executed Change Order has not been issued by the date indicated in the Contractor's cost reduction proposal, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal shall be deemed rejected. E. Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings,the Engineer reserves the right to disregard Contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of the work to be performed or deleted. F. Engineer reserves the right to require the Contractor to share in the Owner's costs of investigating a cost reduction proposal submitted by the Contractor. Where such condition is imposed, the Contractor shall indicate acceptance in writing, and such acceptance shall constitute full authority for the Engineer to deduct amounts payable to the Contractor from any monies due the Contractor under the Contract. G. If Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a Contract Change Order.The Change Order shall specifically state that it is executed pursuant to this section. Such change order will incorporate the changes in the Contract Documents which are necessary to implement the cost reduction proposal, and shall include any conditions upon which the Engineer's approval is based. The Change Order shall set forth the estimated net savings in the cost of performing the work attributable to the cost reduction proposal, and shall further provide that the Contract cost be adjusted by crediting the Owner with 50% of the net cost savings. The amount specified to accrue to the Contractor in the Change Order for a cost reduction proposal shall constitute full compensation to the Contractor for all work associated with the cost reduction proposal. I SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-20 I H. Acceptance of the cost reduction proposal and performance of the work thereunder shall not P P p extend the time of the Contract unless specifically provided for in the Contract Change Order incorporating the cost reduction proposal. I. Owner expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Owner when it determines that the cost reduction proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation, and only to those contracts awarded to the Contractor prior to submission of the accepted cost reduction proposal. Cost reduction proposals similar or identical to previously submitted proposals will be eligible for consideration and compensation if the previously submitted cost proposal was not adopted for general application. The Owner or any other public agency shall have the right to use all or any part of a cost reduction proposal without obligation or compensation of any kind to the Contractor. J. Contractor shall bear all costs to revise all bonds for the Project to include the cost reduction incentive proposal work. SC-11.01.A.1—Delete Paragraph 11.01.A.1 in its entirety and replace with the following: 1. Labor costs for employees in the direct employ of Contractor in the performance of the Work will be the actual cost for wages in accordance with the Oregon Bureau of Labor and Industries (BOLI) Prevailing Wage Rates for Public Works Contracts in Oregon for each craft or type of workers performing the Work at the time the work is done, plus BOLI's established Fringe Rate for employer payments of payroll taxes, worker compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers will be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen and superintendents shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. SC-11.01.A.4—In Paragraph 11.01.A.4, delete the word "special" and replace with the word "technical" and delete the parenthetical phrase "(including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants)"in its entirety. SC-11.01.A.5.c—Delete Paragraph 11.01.A.5.c and replace with the following: c. Rentals of construction equipment at the rental rate listed for such equipment specified in the current edition of the "Contractor's Equipment Cost Guide" as published by Equipment Watch (www.equipmentwatch.com), telephone number 800/699-3282, or from rate sheets from local rental companies. Such rental rate will be used to compute payments for equipment whether the equipment is under the Contractor's control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment will be the rate resulting in the least total cost to the Owner for the total period of use. If it is deemed necessary by the Contractor to use the equipment not listed by the references specified herein, an equitable rental rate for the equipment will be established by the Engineer. The Contractor may furnish cost data which might assist the Engineer in the establishment of the rental rate.Payment shall be subject to the following: 1) Payment for equipment which is already on the Project Site and which is used in the completion of extra work will not be allowed; SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-21 I 2) All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used; 3) Before construction equipment is used on the extra work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Engineer,in duplicate,a description of the equipment and its identifying number; 4) Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least minimum rating recommended by the manufacturer; 5) Individual pieces of equipment or tools having a replacement value of $500 or less, 111 whether or not consumed by use, will be considered to be small tools and no payment will be made therefore; and 6) Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time to be paid for equipment at the Site will be the time the equipment is in productive operation on the extra work being performed and, in addition, will include the time required to move the equipment to the location of the extra work and return it to the original location or to another location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on other than the extra work. Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time of equipment on the Work Site will be computed subject to the following: 1) When hourly rates are listed, any part of an hour less than 30 minutes of operation will be considered to be half-hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation; 2) When daily rates are listed, any part of a day less than 4 hours operation will be considered to be half-day of operation. When Owner-operated equipment is used to perform extra work to be paid from on time and materials basis, the Contractor will be paid for the equipment and operator,as set forth in Paragraphs a),b)and c)following; a) Payment for the equipment will be made in accordance with the provisions in Paragraph c above; b) Payment for the cost of labor and subsistence or travel allowance will be made at the rates established in Paragraphs SC-11.01.A.1; and c) To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Section 00700 — Paragraph 12.01.C. SC-11.01.B.5—Insert the words ", including lost opportunity costs"between the words "kind" and"and" I in the second line. I SUPPLEMENTARY CONDITIONS . DECEMBER 2015 00800-22 I ISC-11.01.D—Add the following.to Paragraph 11.01.D: I Supporting data shall include but not be limited to daily submissions of timesheets indicating hours and trades worked,equipment and time equipment was employed,and materials expended. SC-11.03.D—Delete Paragraph 11.03.D in its entirety. I SC-12.01.C.2.c — Add the following to Paragraph 12.01.C.2.c immediately following the word "Subcontractor"at the end of this Paragraph: Iexcept, the maximum total allowable cost to Owner shall be the Cost of the Work plus a maximum collective aggregate fee for Contractor and all tiered Subcontractors of 26.8 percent; ISC-12.02.B—Add the following to Paragraph 12.02.B: I All requests for time extensions shall be supported by Schedule analysis showing the effect on the entire Project taking into account concurrent Work and the critical path, including float. Partial demonstration of impact on particular operations only will not be acceptable to show the criticality of any event on the Project Schedule as a whole. SC-12.02—Add the following parara hs to 12.02 immediately following Paragraph 12.02B: 1 C. Use of Float: 1. A claim for an adjustment of Contract Times (or Milestones), otherwise allowable under the Contract Documents, shall be granted only when the time lost or gained exceeds the float for I the activity at the time of the event giving rise to the claim.Float,the amount of time between the early start date and the late start date, or the early finish date and the late finish date, is jointly Iowned by both Owner and Contractor whether expressly disclosed or implied in any manner. 2. Contractor shall not use float suppression techniques (including, but not limited to, preferential sequencing caused by late starts of follow-up trades, unreasonably small crews, Iextended durations,or imposed dates)in information provided to Engineer. SC-12.03.0—Add the following after the first sentence of Paragraph 12.03.C: IContract Times may be extended because of delays in the completion of the Work due to abnormal weather conditions provided that the Contractor shall, within 10 days of the beginning of such delay, I notify Engineer in writing of the cause of the delay and request an extension of time. Such requests shall be accompanied with supporting documentation referenced to the NOAA INDEX weather in the Project vicinity. Engineer will make recommendations to Owner to extend the Contract Times for a completing the Work when, in Engineer's judgment, the findings of facts and extent of delay justify such an extension. Contractor shall not be entitled to any additional compensation of any kind arising out of or relating to abnormal weather conditions. ISC-12.03—Add the following paragraph immediately after Paragraph 12.03.E: F. Contractor shall proceed expeditiously with adequate forces and shall achieve Final I Completion within the Contract Time. If the Contractor's performance falls behind schedule, the Contractor shall accelerate the Work as required to get back on schedule at no additional cost to the Owner. Accelerated work shall include air or express delivery of materials and equipment, increasing I SUPPLEMENTARY CONDITIONS IDECEMBER 2015 00800-23 I the number of workers, working overtime, working Saturdays, Sundays, and holidays and working additional shifts. The Contractor shall pay the Owner for any extra cost of inspection made necessary by accelerated work required under this provision. I SC-13.03.A—Delete Paragraph 13.03.A in its entirety and replace with the following: A. Contractor shall notify Engineer 48 hours prior to the expected time for operations requiring I inspection and laboratory testing services. Contractor shall cooperate with inspection and testing personnel and furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. SC-13.03.B — In the first line of Paragraph 13.03.B insert the words, "perform testing and inspections itself or shall"between the words"shall"and"employ". I SC-13.03.B.3—Change Paragraph"3"to"4"and add the following paragraph: 3. retesting required because of non-conformance to the requirements of the Contract Documents;and SC-13.03.D—Add the following to Paragraph 13.03.D: I 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: I 1. "Recommended Requirements for Independent Laboratory Qualification," published by the American Council of Independent Laboratories. I 2. Basic requirements of ASTM E329, "Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction"as applicable. 3. Calibrate testing equipment at reasonable intervals by devices of accuracy traceable to either the National Bureau of Standards or accepted values of natural physical constants. Prior to requesting a certificate of Substantial Completion, and allowing occupancy of facilities, Contractor shall provide an inspection by an independent safety inspector certified by the state in the construction type being inspected,to determine that the facilities provided are in compliance with the state and federal safety requirements. Signed copies of the inspection reports shall be submitted to the Engineer for Owner's files. Violations or deficiencies noted therein shall be resolved prior to occupancy of the facilities and before final payment will be made. I SC-13.03—Add the following paragraph after Paragraph 13.03.F: G. Costs of retesting as required in accordance with Paragraph 13.03.B.3 shall be paid by the Contractor. SC-13.07— Add a new paragraph immediately after paragraph 13.07.E of the General Conditions as follows: I SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-24 I F. Maintenance Assurance: Maintenance assurance shall be required q ed for the Work to ensure post- construction quality in accordance with the following table. Assurance shall be in the form of a letter of commitment,bond, or cash deposit in form and substance satisfactory to Owner. Duration and Conditions Purpose Amount Required for Release Ensure correction of 5% of the Total Prior to issuance of Released at the end of the defects in materials Contract Price notice of Substantial Correction Period and workmanship Completion for all the (including any extension in after initial Work accordance with construction paragraph 13.07.C.); and After correction of all defects identified during the Correction Period,as extended I SC-14.02.A.1 — In the first sentence, delete the phrase "date established in the Agreement for each progress payment" and replace it with the phrase "first day of each month". Add the following immediately following Paragraph 14.02.A.1: a. Stored Materials and Equipment: Payments for stored materials and equipment shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit to Contractor. Partial payments will not be made for undelivered materials or equipment, except for payments associated with procurement contracts initiated by Owner and assigned to Contractor. b. Schedules and Data: During the progress of the Work, each Application for Payment shall be accompanied by Contractor's updated schedule of operations, or progress report, with the shop drawings schedules, procurement schedules, and value of material on hand included in the application,and other data specified in Section 01300 or reasonably required by Engineer. c. Payment for material delivered to the Work Site or stored under Owner's control will be based on the vendors'paid invoices or the bill of lading showing date of delivery and the Work Site where the delivery took place, a copy of which shall be furnished by Contractor to Engineer with each request for progress payment. Only those materials which have been incorporated into the Project or are stored under Owner's control may be included in the progress payment as material Istored. d. Partial payment for materials and equipment shall be as follows: 1) 10%Upon approval of shop drawings by the Engineer or Owner 2) 50% Upon delivery of goods 3) 30% Upon installation of goods 4) 10%Upon startup and final acceptance of goods by the Owner. SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-25 I amounts which Owner mayretain e. In addition to the as provided elsewhere in the Contract Documents, Owner may withhold a sufficient amount or amounts from any payment otherwise due Contractor as in Owner's judgment may be necessary to cover: I 1) Payments which may be due and payable for properly filed claims against Contractor or any Subcontractor for labor or materials furnished in or about the performance of the Contract. 2)Estimated or actual costs for correcting defective work not remedied. 3) Amounts claimed by Owner as forfeiture due to delays or other offsets. Owner may apply such withheld amount or amounts to the payment of such claim at Owner's discretion. In doing so, Owner shall be deemed the agent of Contractor and any payments so made by Owner shall be considered as a payment made under the Contract by Owner to Contractor, and Owner shall not be liable to Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. Owner shall render to Contractor a proper account of any such funds disbursed in or on behalf of Contractor. I SC-14.02.B.1—In the first line of Paragraph 14.02.B.1,change the number"10"to the number"15". SC-14.02.C.1—Delete Paragraph 14.02.C.1 in its entirety and replace with the following: I 1. Thirty days after presentation of the Application for Payment to Engineer or fifteen days after approval of Application for Payment by Owner, whichever comes first, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due and when due will be paid by Owner to Contractor.The Engineer shall have fifteen days from receipt of Application for Payment to notify Contractor if all or part of the Application for Payment is in dispute. SC-14.02.D—Modify Paragraph 14.02.D.1 as follows: Modify Paragraph 14.02.D.1.c by removing the"or". Modify Paragraph 14.02.D.1.d by removing the"."and replacing it with"; or". I Add the following paragraph immediately after 14.02.D.1.d: e. Owner has not received the Certified Payrolls from Contractor required by Article 11 of the Agreement and must withhold the additional retainage required in Article 11 of the Agreement until Contractor submits its Certified Payrolls. Add the following paragraph to Paragraph 14.02.D, and change Paragraphs 14.02.D.2 and 3 to Paragraphs 14.02.D.3 and 4,respectively: 2. Owner may reduce the amount recommended by Engineer and to be paid for the following items: a. Owner compensation to Engineer for labor plus expenses because of the following 1. Contractor-caused events: i. witnessing retesting of corrected or replaced defective Work; I ii. return visits to manufacturing facilities to witness factory testing or retesting; SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-26 1 • iii. Submittal review in excess of two reviews by Engineer for substantially the same Submittal; iv. evaluation of proposed substitutions and in making changes to Contract Documents occasioned thereby; or v. Overtime worked by Engineer necessitated on a regular basis to accommodate Contractor's schedule to complete the Work. This paragraph is not intended to apply to the sporadic overtime required for connections to existing facilities, emergencies, and other sporadic activities. b. liability for liquidated damages incurred by Contractor as set forth in the Agreement. SC-14.04.A—Add the following to Paragraph 14.04.A: Substantial Completion is further defined as (i) that degree of completion of the Project's operating facilities or systems sufficient to provide Owner the full time, uninterrupted, and continuous beneficial operation of the Work; (ii) all required functional, performance and acceptance or startup testing has been successfully demonstrated for all components, devices, equipment, and instrumentation and control to the satisfaction of Engineer in accordance with the requirements of the Specifications; (iii) all inspections required have been completed and identified critical defective Work has been replaced or corrected; and (iv) all appurtenant operations and maintenance features (e.g., hose bibs, drainage systems, etc.) and safety features (e.g., handrails, motor guards, etc.) have been installed and are functional.Project phases are defined in Section 01140. SC-14.04.A—Add the following paragraphs immediately after Paragraph 14.04.A: 1.Conditions precedent to Substantial Completion of the Work and Engineer's issuance of a Certificate of Substantial Completion shall include: a. Conformance with all training services requirements and deliverables. 1 b. Acceptance of all preliminary operation and maintenance manuals by Owner and Engineer. c. Submittal of current record documents to Owner and Engineer. d. Correction of all state,local, and other regulatory agencies defective Work lists. e. Submittals have been received and approved by Engineer including, but not limited to, the following: 1).Approved Shop Drawings. 2).Record Drawings and Specifications. 1 4 3).An electrical testing and wiring diagram. 4).Equipment data forms. 5).Manufacturer's certificates of proper installation. 6).Factory test reports. SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-27 1• 7).Commissioning,testing and start-up re ports. 1 SC-14.04.D—Delete the last sentence of Paragraph 14.04.D. I SC-14.07.B.1—Add the following sentence after the second sentence of Paragraph 14.07.B.1: Such written notice of acceptance of the Work shall constitute Final Completion. I SC-15.02-Delete paragraphs 15.02.A through 15.02.D and insert the following in lieu thereof: A. If Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure the completion of the Work within the Contract Times, or any extension thereof, or fails or refuses to complete such Work within such extension, or if Contractor should be adjudged bankrupt, or if Contractor should make assignment for the benefit of Contractor's creditors, or if Contractor files a petition to take advantage of any debtor's act, or if a receiver should be appointed on account of Contractor's insolvency, or if Contractor or any Subcontractor should violate any provision of the Contract, or if Contractor should persistently refuse or should fail to supply enough properly skilled workmen or proper materials to complete the Work in the time specified,or if Contractor should fail to make prompt payment to Subcontractors or for materials or labor, or if Contractor should disregard laws, ordinances, or instructions given by Owner or Engineer or disregard in any substantial way any provisions of the Contract Documents; Owner may without prejudice to any other right or remedy, serve written notice upon Contractor and Contractor's surety of Owner's intention to terminate the Contract. Such notice will contain the reasons for Owner's intention to terminate the Contract and unless such violations shall cease and satisfactory arrangements for the corrections thereof have been accepted by Owner in writing within 10 days after the service of such notice, the Contract shall upon the expiration of said 10 days cease and terminate. In the event of such termination, the Owner shall immediately serve written notice upon the Surety and Contractor,and Contractor shall be liable for all costs necessary to complete the Work. B. The Surety shall, after receipt of notification from Owner of termination of the Contract, take over and perform the Work, utilizing a Contractor which is acceptable to Engineer. The Surety shall, within 10 days after receipt of the notice of termination, provide Owner, with written notice of Surety's intent to take over and complete the Work in accordance with the Contract Documents, and shall commence the Work within 10 days thereafter. C. If the Surety does not reply to the notice of termination, or fails to perform the Work in 111 compliance with the Contract Documents, or provides the Owner with written notice that Surety does not intend to take over and perform the Work to completion, Owner may without prejudice on the part of the Surety, take over the Work and prosecute the same to completion by any method Owner may deem advisable for the Project at the expense of Contractor, and the Surety shall be liable to Owner for any excess cost incurred by or other damage to Owner. In such event Owner may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor that may be on the Work Sites and be necessary therefore. Contractor shall turn over to Owner all materials and equipment in Contractor's possession that is to be incorporated into the Project, and shall make arrangements with Owner to turn over any materials or equipment in which Owner has made payment or partial payment but is not in Owner's possession. • D. Upon completion of the Work, if the unpaid balance of the Contract Price exceeds the direct and indirect cost of completing the Work, including, but not limited to, all costs incurred by Owner from professional services and attorneys' fees and all costs generated to insure or bond the Work of SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-28 I substitute contractors or Subcontractors used to complete the Work, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to Owner within 30 days upon demand; on failure of Contractor to pay, the Surety shall promptly pay the difference to Owner upon written notice of Contractor's failure to pay. Such difference or any portion thereof not paid by Contractor or the Surety within the 30 days following the date of mailing of the demand for payment, shall earn interest at the rate of 10 percent per annum or the maximum rate authorized by state law, whichever is lower. SC-15.04—Contractor May Stop Work or Terminate: Delete paragraph 15.04 in its entirety. SC-16.01 — Delete Paragraph 16.01 in its entirety and replace with the following Paragraphs 16.01 and 16.02: 16.01 Executive Negotiation A. Within 10 days of the delivery of notice of appeal to Engineer's written decision regarding a Claim, dispute or other matter, senior representatives of at least Owner and Contractor, having authority to settle the dispute, and Engineer shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. B. In the event a mutually acceptable decision cannot be reached through executive negotiation within 20 days of the appealing party's notice, or mutually agreeable longer period, or if the party receiving such notice will not meet within 10 days, Owner or Contractor may make a written declaration, delivered to the other party and Engineer, that the executive negotiation is deemed unsuccessful and may initiate further dispute resolution measures in accordance with this Article 16. 16.02 Mediation,Followed by Binding Arbitration: A. All appealed or unsettled Claims, disputes or other matters between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof, (except for Claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.09) shall first be submitted to mediation under the Construction Industry Mediation Rules of the American Arbitration Association then obtaining subject to the limitations of Article 16. The mediator of any claim, dispute or other matter submitted to mediation under this Agreement shall not serve as arbitrator of such Claim, dispute,or other matter unless otherwise agreed. B. Should the mediation be unsuccessful, such Claim, dispute or other matter(except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 14.09) shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining subject to the limitations of this Article 16. The mediator of any Claim, dispute or other matter submitted to mediation under this Agreement shall not serve as arbitrator of such Claim, dispute, or other matter unless otherwise agreed. C. This Agreement so to mediate or to arbitrate and any other agreement or consent to mediate or to arbitrate entered into accordance with these Contract Documents will be specifically enforceable under the prevailing law of any court having jurisdiction. D. No demand for mediation or arbitration of any appealed or unsettled Claim, dispute or other matter that is required to be referred to Engineer initially for decision in accordance with Paragraph 9.08 will be made later than 10 days after the date the executive negotiation has been declared SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-29 I unsuccessful by Owner or Contractor; and the failure to demand mediation or arbitration within said 10 days' period will result in Engineer's decision being final and binding upon Owner and Contractor. If Engineer renders a further decision after mediation or arbitration proceedings have been initiated,the decision may be entered as evidence but will not supersede the proceedings,except where the decision is acceptable to the parties concerned. Time deadlines specified above apply to both mediation (after the executive negotiation has been declared unsuccessful by Owner or Contractor) and arbitration (after the mediation process has been declared unsuccessful by Owner or Contractor). E. Notice of the demand for mediation or arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to Engineer for information. The demand for mediation or arbitration will be made within the 10 day periods specified in Paragraph 16.02.D as applicable, and in all other cases within a reasonable time after the111 unsettled Claim, dispute or other matter has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such unsettled Claim, dispute or other matter would be barred by the applicable statute of limitations. I F. Except as provided in Paragraphs 16.02.G and H below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation,joinder or in any other manner any other person or entity who is not a party to the Contract unless: 1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitrations,and 2. such other person or entity is substantially involved in a question of law orfact which is common to those who are already parties to the arbitration and which will arise in such proceedings,and 3. the written consent of the other person or entity sought to be included and the Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any appealed or unsettled Caim, dispute or other matter not specifically described in such consent or to arbitration with any party not specifically identified in such consent. G. Notwithstanding Paragraph 16.02.F, if an appealed or unsettled Claim,dispute or other matter between Owner and Contractor involves any allegations relating to the design, Owner may join Engineer as a party to the mediation or arbitration between Owner and Contractor hereunder. H. Notwithstanding Paragraph 16.02.F,if an appealed or unsettled Claim,dispute or other matter I between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation or arbitration between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by Paragraph 6.06.G of the General I Conditions a specific provision whereby the Subcontractor consents to being joined in mediation or arbitration between Owner and Contractor involving the Work of such Subcontractor. Nothing in this Paragraph 16.02.H nor in the provision of such subcontract consenting to joinder shall create any Claim, right or cause of action in favor of Subcontractor and against Owner, Engineer or Engineer's Consultants that does not otherwise exist. I. The results of successful mediation will be implemented by a Change Order. The award l rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof,and will not be subject to modification or appeal. SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-30 I SC-ARTICLE 17—Add the following paragraphs to ARTICLE 17—MISCELLANEOUS: 17.07 Attorney Fees A. At the conclusion of the mediation process specified herein, the Contractor will, as a condition of taking any further action with respect to any Claim,be required to certify that the amount of the Claim is its best good faith estimate of the amount due ("Certified Claim"). Owner will certify its final offer of settlement("Final Offer"). In the event Contractor pursues the Claim,Contractor will be entitled, in addition to whatever recovery it has on the Claim, to be reimbursed its reasonable attorney's fees incurred in the same proportion it was successful based on the difference between its Certified Claim compared to the Owner's Final Offer. Conversely, Owner will be entitled to be reimbursed its reasonable attorney's fees incurred in proportion to the amount that Contractor was unsuccessful based on the difference between its Certified Claim compared to the Owner's Final Offer. For example, if Contractor recovers 40% of the difference between its Certified Claim and the amount of the Owner's Final Offer, Contractor would be entitled to recover 40% of its reasonable attorney's fees incurred in the prosecuting the Claim and the Owner would be entitled to recover 60% of its reasonable attorney's fees incurred in defending the Claim. On the other hand, if the Contractor recovers 60% of the difference between its Certified Claim and the amount of the Owner's Final 1 Offer,Contractor would be entitled to recover 60% of its reasonable attorney's fees in prosecuting the Claim and the Owner would be entitled to recover 40% of its reasonable attorney's fees incurred in defending the Claim. The Certified Claim and the Final Offer will be admissible in any dispute resolution proceeding. 17.08 Right g to Audit A. If the Contractor submits a Claim to the Owner for additional compensation, the Owner shall have the right,as a condition to considering the Claim, and as a basis for evaluation of the Claim, and until the Claim has been settled, to audit the Contractor's books to the extent they are relevant. This right shall include the right to examine books,records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the Claim has been submitted. The right to audit shall include the right to inspect the Contractor's plant, or such parts thereof, as may be or have been engaged in the performance of the Work. The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives, as the Owner deems desirable during the Contractor's normal business hours at the office of the Contractor. The Contractor shall make available to the Owner for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the Owner. I I 'I SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-31 111 EXHIBIT A CONTRACT CHANGE ORDER NO: To Contractor: Project: River Terrace North Pump Station and Project No. 6631 Force Main • Owner: CLEAN WATER SERVICES Engineer: Murray Smith&Associates, Inc. I The following change(s) to the Contract are hereby ordered (use additional pages if required): Attachments (List Supporting Documents): I Changes to Contract Amount and Contract Times: The stipulated compensation (Contract Price or Contract Times, or both) set forth in this Change Order includes payment for(i) the Cost of the Work covered by the Change Order, (ii) Contractor's fee for overhead and profit, (iii) interruption of progress schedules, (iv) delay I and impact, including cumulative impact, on other Work under the Contract Documents, and (v) extended overheads. This Change Order constitutes full mutual accord and satisfaction for the changeto the Work. No reservation of rights to pursue subsequent claims on the Change Order will be made by either party. • No subsequent claim or amendment of the Contract Documents will arise out of or as a result of this Change Order. In executing this Change Order, Contractor agrees to defend and indemnify Owner and Engineer and their officers, agents, and employees from any and all claims of any kind by any subcontractor or supplier of any tier based upon the subject matter of any claim released hereunder by Contractor. Except as otherwise provided in this Change Order, the Contract, as amended, between Owner 111 and Contractor, remains in full force and effect. I SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-32 I t Contract Amount Contract Times (Calculate Days) Original Amount: Original Duration: Days Previous Contract Change Previous Contract Change Orders: Orders: Days This Contract Change This Contract Change Order: Order: Days Revised Contract Amount: Revised Contract Time: Days The Revised Date of Substantial Completion is: I ,20 The Revised Date of Final Completion is: , 20 This Change Order is Issued in Accordance with Paragraph SC— 10.O1.A of the Supplementary Conditions Owner Contractor Engineer Recommendation By: By By: Date: Date: Date: END OF SECTION 00800 I 1 I I 1 SUPPLEMENTARY CONDITIONS DECEMBER 2015 00800-33 I OREGON PREVAILING WAGE RATES ATES ''' THE APPLICABLE OREGON MINIMUM PREVAILING WAGE RATES ARE CONTAINED IN THE PUBLICATION JULY 1, 2015 PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS IN OREGON AS AMENDED BY THE OCTOBER 1,2015 AMENDMENT(SEE LINKS AT HTTP://WWW.OREGON.GOV/BOLI/WHD/PWR/PWR_STATE.SHTML), ARE AVAILABLE AT HTTP://WWW.OREGON.GOV/BOLI,AND ARE HEREBY INCORPORATED HEREIN AS THOUGH FULLY SET FORTH AS OF THE DATE THESE BIDDING DOCUMENTS ARE FIRST ADVERTISED. I I I I I I I i I I I OREGON PREVAILING WAGE RATES 00810-1 DECEMBER 2015 I SUPPLEMENTAL INFORMATION FOR ' RIVER TERRACE NORTH PUMP STATION AND FORCE MAIN ' PROJECT NO. 6631 ' FOR CLEAN WATER SERVICES 1 ' DECEMBER 2015 1 1 1 1 1 I14-1611.204 1 ' G 9750 SW Nimbus Avenue Beaverton,OR 97008-7172 P 503-641-3478 ft 503-644-8034 September 11, 2015 5666 GEOTECHNICAL RPT Murray, Smith &Associates,ssoclates, Inc. 121 SW Salmon Street, Suite 900 ' Portland, OR 97204 Attention: Andrew Szatkowski, PE ' SUBJECT: Geotechnical Investigation Clean Water Services River Terrace North Pump Station and Force Main, PN 6631 Tigard,Oregon At your request, GRI has completed a geotechnical investigation for the above-referenced pump station ' and force main to be owned and operated by Clean Water Services and located in Tigard, Oregon. The general locations of the pump station and force main alignment are shown on the Vicinity Map, Figure 1. Our work included review of available geotechnical information for the site, a geologic reconnaissance, subsurface explorations, laboratory testing, and engineering analyses. This report describes the work accomplished and provides our conclusions and recommendations for design and construction of the pump station and force main. ' PROJECT DESCRIPTION The planned pump station site is located about 1,500 ft southwest of SW Scholls Ferry Road and SW Roy ' Rogers Road. The location and layout of the pump station site are shown on the Site Plan, Figure 2. We understand the area extending from the pump station north and east to the roads will be developed with a residential subdivision at about the same time as of the pump station and force main. The pump station site measures about 114 by 135 ft. The pump station will occupy the north central portion of the site (Phase I), with a strip along the east of the site reserved for future expansion of the pump station (Phase II). The pump station will have a capacity of up to 3.8 mgd. The precast concrete wet well will have a diameter of 12 ft and the bottom will be established at about elevation 200 ft, i.e., about 40 ft below planned finished grades. The bypass manhole located about 10 ft north of the wet well will have a base established at approximate elevation 216 ft, about 23 ft below finished grades. A new gravity influent ' sewer will enter the north side of the wet well at an estimated depth of about 15 to 20 ft below the finished ground surface. A CMU control building with reinforced-concrete basement (valve vault) will be located south of the wet well. The valve vault will be supported on a reinforced-concrete mat foundation established at about elevation 227 ft, which is slightly above existing site grades. The existing sloping ground will be graded with a structural embankment fill up to 15 ft in height to form a flat site at approximate elevation 239 ft. An electrical transformer and generator will be constructed on the top of the ' fill. The project will also include 2,000 ft of 12-in.-diameter force main extending north from the pump station along the west side of the planned residential development for a distance of about 1,100 ft to SW Scholls Ferry Road and then east about 900 ft in the old SW Scholls Ferry Road right-of-way to the southwest intersection with SW Scholls Ferry Road and SW Roy Rogers Road, where it will connect to an Providing geotechnical and environmental consulting services since 1984 1 1 existing sanitary sewer. The alignment of the force main is shown on Figures 2 through 4. The majority of the force main will be established at a depth of about 5 to 8 ft below final grades and will extend to a depth of 10 to 12 ft at the east end to make the connection with the existing sanitary sewer manhole. All elevations referenced in this report are relative to the National Geodetic Vertical Datum of 1929 (NGVD 29). SITE RECONNAISSANCE General A site/geologic reconnaissance of the pump station site and force main alignment was completed by a geotechnical engineer and engineering geologist from GRI on December 23, 2014. Site conditions observed during the reconnaissance and on subsequent visits to the site are discussed below. ' Pump Station. The pump station site is shown in detail on Figure 2. The ground surface at the site has recently been cleared and stripped of vegetation and organics, exposing generally silty soil. The ground surface at the pump station site slopes down to the south at about 10° toward a northeast-southwest- trending drainage. The ground surface immediately below the pump station site is vegetated with brush and small trees. A relatively flat, grassy area with a small stream channel is present farther to the south. Indications of slope instability on or below the pump station site were not observed at the time of our reconnaissance. A 6-to 8-in.-diameter plastic drain pipe flowing at an estimated rate of 5 to 8 gpm was observed about 30 to 40 ft below the southern boundary of the pump station site. The pipe appears to be oriented on a general north-south alignment that projects through the approximate middle of the site. Near the middle of the pump station site,water was also observed emerging at the ground surface through an approximate 4-in.-diameter hole at an estimated rate of about 3 to 4 gpm. During a site visit on February 4, 2015, water was flowing at a similar rate, and the hole had enlarged to about 12 in. in diameter and 3 ft deep based on probing and visual observation. During drilling between December 17 and 19, 2014, water was observed emerging from two additional locations on the pump station site along the projected north-south alignment of the drain line observed below the southern boundary of the site. Attempts to locate the drain line by probing were unsuccessful. At the time of our site visit, probing across the site indicated a significant portion of the site is mantled with relatively soft, wet soils to depths of at least 2 to 3 ft. 's Force Main The force main will extend from the pump station northward along the west side of the grassy field and then west along the Old SW Scholls Ferry Road right-of-way to connect to an existing manhole at the southwest corner of the intersection with SW Roy Rogers Road. The ground surface between the pump station site and SW Scholls Ferry Road is vegetated with grass and slopes upward from to the north at about 5. The west-to-east portion of the force main through the old right-of-way is generally flat or has a gentle slope up to the east and is vegetated with grass and brush with isolated large trees. An area of old asphaltic-concrete pavement that measures about 20 wide by120 ft long is present about mid-point along the alignment through the old right-of-way. At the east end of the alignment, SW Scholls Ferry Road and SW Roy Rogers Road are located in an approximate 6-to 8-ft-deep cut with side slopes of about 2H:1V. Indications of slope instability along the force main alignment were not observed at the time of our reconnaissance. 1 GO 2 1 1 GEOLOGY 1 The site is mantled with alluvial soils of the Willamette Silt Formation. In general, Willamette Silt is composed of unconsolidated beds and lenses of fine-grained sand, silt, and clay. Stratification within this formation commonly consists of 4-to 6-in.-thick beds, although 3-to 4-ft-thick beds are present locally. In 1 some areas the silt is massive, and bedding is indistinct or non-existent. The Willamette Silt is underlain by Columbia River Basalt, and in this area the basalt can be encountered at relatively shallow depths. A variable thickness of silty and clayey residual soil derived from the weathering of the underlying basalt is ' often present between the Willamette Silt and basalt. SUBSURFACE CONDITIONS ' General Subsurface materials and conditions at the site were investigated between December 17 and 19, 2014, with 10 borings, designated B-1 through B-10, and three hand-augered borings, designated HA-1 through HA-3. The locations of the explorations are shown on Figures 2 through 4. The field and laboratory testing programs completed for this study are discussed in Appendix A. Logs of the explorations are provided on Figures 1A through 12A. The terms and symbols used to describe the soil and rock encountered in the explorations are defined in Tables 1A and 2A, respectively, and the attached legend. Subsurface Materials 1 For the purpose of discussion, the materials disclosed by the subsurface explorations have been grouped 'into the following categories: 1. FILL/POSSIBLE FILL 2. SILT 3. BASALT 1. FILUPOSSIBLE FILL. In boring B-1, possible fill was encountered from the ground surface to a depth of about 7.5 ft. The material consists of brown, fine- to medium-grained silty sand that contains a trace of clay. A Standard Penetration Test(SPT) N-value of 5 blows/ft indicates the relative density of the silty sand is loose. The natural moisture content of the sandy fill ranges from about 40 to 43%. In boring B-10, fill was encountered from the ground surface to a depth of about 5 ft. The fill consists of brown silt with a 1 trace to some clay, fine-grained sand, and angular gravel. An N-value of 15 blows/ft indicates the relative consistency of the silt fill is stiff to very stiff. The natural moisture content of the fill is about 20%. The ground surface at boring B-1 was stripped of vegetation and surface organics prior to drilling. The ground surface at boring B-10 is vegetated with grass and likely has a 4-to 5-in.-thick heavily rooted zone. 1 2. SILT. The fill/possible fill in borings B-1 and B-10 is underlain by silt. Silt was encountered at the ground surface in the other borings. The ground surface at borings B-2 and B-3 was stripped of vegetation ' and surface organics prior to drilling. The ground surface at borings B-4 through B-10 was vegetated with grass and has a 4-to 5-in.-thick heavily rooted zone. The silt encountered in the borings generally contains a trace to some clay and fine-grained sand. In boring B-1, the silt between depths of about 7.5 and 10 ft is ' sandy, and the gradation of the sand varies from fine to medium grained. The silt in borings B-1 through B-8 is generally light brown to dark brown and becomes dark brown below depths of about 20, 12.5, and 20 ft in borings B-1 through B-3, respectively. In boring B-9, the silt is light brown mottled orange and 1 black and grades to reddish-brown to brown at a depth of about 7.5 ft. Beneath the fill in boring B-10, the 1 GR a 3 1 1 1 silt is light brown mottled brown and grades to reddish-brown to brown at a depth of 8 ft. N-Values ranging from 2 to 15 blows/ft and Torvane shear strength values of 0.35 to 0.80 tsf indicate the relative consistency of the silt ranges from very soft to very stiff and is generally medium stiff to stiff. The natural moisture content of the silt ranges from about 27 to 42%. Two consolidation tests completed on samples of silt from borings B-1 and B-2 indicate the soil is moderately to highly overconsolidated and has a low to moderate compressibility in the overconsolidated range of pressures and a high compressibility in the normally consolidated range of pressures, see Figures 13A and 14A. Atterberg limit testing of several samples of silt from borings B-1 through B-3 yielded a liquid limit of 28 to 51% and plasticity index of 2 to , 21%, see Figure 15A. Borings B-4 through B-8 were terminated in silt at depths ranging from about 11 to 14 ft below the ground surface. Hand-augered borings HA-1 through HA-3 were terminated in silt at a depth of about 5.5 ft below the ground surface. 3. BASALT. The silt transitions to extremely soft(RO), predominantly decomposed basalt at depths ranging from about 10.5 to 23.5 ft in borings B-1 through B-3, B-9, and B-10, as shown on Figures 2 and 4. The basalt varies from gray, gray mottled orange and brown, brownish-gray, red, reddish-brown, brown, and light brown mottled orange and black. In general, weathering decreases and hardness increases with depth in the basalt, ranging from extremely soft to soft (RO to R2) and predominantly decomposed to moderately weathered in the upper 5 to 10 ft of the rock profile to medium hard to hard (R2 to R3) and moderately weathered to slightly weathered below these depths. N-values recorded in the predominantly to moderately weathered basalt ranged from 20 blows/ft to 50 blows for 1 in. of sampler penetration (practical refusal). Coring of the basalt between depths of 30 and 44 ft in boring B-1 disclosed some vesicles and very close to close randomly oriented joints and fractures with secondary mineralization. Core recovery was 100% between a depth of 30 and 44 ft in boring B-1 and the rock quality designation (RQD) ranges from about 0 to 43%. The natural moisture content of the upper portion of the basalt that has decomposed to the consistence of very stiff to hard soil ranged from about 20 to 50%. Borings B-1 through B-3, and borings B-9 and B-10 were terminated in the basalt at depths ranging from about 20 to 44 ft below the ground surface. Groundwater An observation standpipe was placed in boring B-1 to permit measurement of the depth to groundwater. On December 23, 2014, February 4, 2015, and April 14, 2015, the groundwater level was measured at a depth of 2.4, 2.5, and 2.5 ft below the ground surface, respectively. We anticipate the groundwater level is on the order of 10 to 15 ft below the ground surface during the extended dry summer months of the year and approaches the ground surface during periods of intense or prolonged rainfall. As discussed previously, the relatively high groundwater measured in boring B-1 may be partially influenced by an existing drainage system in the field north of the pump station site that conveys water south toward the southern property boundary, and/or possibly a broken drain pipe. CONCLUSIONS AND RECOMMENDATIONS , General The subsurface explorations made for this investigation indicate that the ground surface at the pump station site and along the force main alignment is mantled primarily with fine-grained silty soil that is underlain by basalt at relatively shallow depths. The borings at the pump station site disclosed discrete zones of relatively soft soil in the upper 10 to 12 ft of the soil profile. Groundwater levels measured at the pump station site and emergence of significant water at the ground surface from a presumed broken drain pipe in Gil 4 1 1 1 the middle of the site, indicate the groundwater level at the pump station site approaches the ground surface during prolonged periods and may be influenced by an old drainage system (tile drains) in the field north of the site. ' As currently planned, the wet well will be founded on/in the upper portion of the basalt at the pump station site, and the valve vault/control building will be founded at and slightly above existing site grades over moderately compressible silty soil. The bypass manhole will be established within the silt soil. The area around the pump station will be graded flat at elevation 239 ft by placing an embankment fill up to 15 ft thick. The south edge of the fill will slope down at about 2H:1V. To control overall groundwater levels at the pump station and maintain slope stability, the broken drain line presumed to trend north to ' south through the middle of the site will be intercepted north of the pump station site, and subsurface drainage (French drains) will be installed at various locations on the pump station site. ' In our opinion, the major geotechnical considerations associated with the project are high groundwater and slope stability along the southern margin of the pump station site, the moisture-sensitive and compressible nature of the silty soils with respect to construction sequencing and valve vault/control ' building foundation support, and the potential for encountering relatively hard basalt in deep excavations for the wet well and force main near the east end of the alignment. Our conclusions and recommendations for construction of the project are provided below. Seismic Considerations As currently planned,the wet well will be founded on/in the underlying basalt, and the valve vault/control building will be founded on the silty soil near existing grades. Based on the results of our subsurface explorations and review of the 2012 International Building Code (IBC) as adopted in the 2014 Oregon Structural Specialty Code (OSSC), Site Class C and D appears appropriate for the wet well and valve vault/control building, respectively. The IBC design methodology uses two spectral response coefficients, Ss and Si, corresponding to periods of 0.2 and 1.0 second, to develop the code-based response spectrum. ' The spectral response coefficients were obtained from the U.S. Geological Survey(USGS) Uniform Hazard Response Spectra Curves for the coordinates of 45.422° N latitude and 122.857° W longitude. The Ss and Si coefficients identified for the site are 0.96 and 0.43 g. These bedrock spectral ordinates are adjusted for Site Class with the short-and long-period site coefficients, Fa and Fv, based on the subsurface ' profile in the upper 100 ft. The code-based response spectrum is calculated as two-thirds of the Site Class- adjusted MCER-level spectrum. The MCER-level and code-based 5% damping response spectra coefficients are tabulated below. Table 1 -2014 OSSC SEISMIC DESIGN RECOMMENDATIONS Recommended ' Seismic Variable Value Site Class C D MCER 0.2-Second Period0 97 g 1.07 g Spectral Response Acceleration,SMS MCER 1.0-Second Period 0 58 g 0.67 g Spectral Response Acceleration,SM1 ' Design 0.2-Second Period 0.65 g 0.71 g Spectral Response Acceleration,Sos GR a 5 1 Recommended Seismic Variable Value Design 1.0-Second Period0 39 g 0.45 g Spectral Response Acceleration,So, Based on the proximity of the site to mapped active faults, the risk of damage from ground rupture is low. The risk of tsunami and/or seiche is absent. We anticipate the risk of liquefaction and significant liquefaction-induced settlement due to a code-based earthquake'is low based on the soil conditions encountered in the borings and will be less than 1 in. Based on our slope stability analysis, discussed below, we anticipate the risk of instability affecting the pump station elements due to the code-based earthquake is low. Slope Stability 111 Slope stability analyses were completed to evaluate the southern margin of the pump station site. The slope stability model was analyzed with the aid of the computer software SLOPE/W by GeoSlope International of Calgary, Alberta, Canada. A slope stability model was developed for a north-south cross section through the middle of the site based on the existing topography and proposed grading shown on Figure 2. The locations/boundaries of soil and rock units used in the model were based on conditions disclosed in borings B-1 through B-3. The groundwater level was assumed to be at approximate elevation 220 ft assuming installation of French drains, which is discussed in the Subdrainage section of this report. A horizontal pseudo-static coefficient(kh) of 0.20 was used to represent seismic loading in accordance with 2014 OSSC. For the configurations and assumptions described above, a factor of safety against slope instability was computed for static and seismic conditions. The computed factor of safety against instability is defined as the ratio of the forces (or moments) tending to resist failure to the forces (or moments) tending to cause failure. Factors of safety less than 1.0 represent potentially unstable conditions. A factor of safety of 1.5 and 1.1 are typically considered minimum acceptable values for static and seismic conditions, respectively. The analysis yielded factor of safety values less than 1.5 and 1.1 against static and seismic slope instability, respectively, for potential slip surfaces extending through the upper 10 to 12 ft of the existing silt on the lower half of the site. To improve the factor of safety to acceptable levels, installation of ground improvement to depths of about 15 ft below the existing ground surface on the lower half of the pump station site (Area 2) was assumed as shown on Figure 2. It is further assumed the ground improvement will consist of aggregate piers. For the slope stability analysis, it is assumed the aggregate piers will have an effective stress internal stress internal angle of friction of at least 49°, resulting in the improved soil zone having a composite average effective stress internal stress internal angle of friction of about 34° based on an assumed existing (untreated) soil effective stress friction angle of 32°. Based on the above-described model and the assumed ground improvement, our analysis yielded a minimum factor of safety of 1.5 and 1.1 against static and seismic slope instability, respectively, which is considered acceptable. To achieve satisfactory slope stability, we recommend the aggregate piers in Area 2 be installed to a minimum depth of 15 ft below the existing ground surface. We recommend a composite effective stress internal angle of friction of the aggregate pier treated soil mass of at least 34° based on an assumed existing (untreated) soil mass effective stress internal angle of friction of 30°. We anticipate this will result in a minimum replacement ratio of about 10% (the ratio is the area of aggregate piers relative to the total area) GRD 6 1 1 in Area 2 using aggregate piers or comparable methods of ground improvement. Additional discussion of ground improvement methods and recommendations are provided in the Foundation Support section of this report. An evaluation of slope stability along the western and eastern margin of the pump station site yielded factors of safety in excess of 1.5 and 1.1 for static and seismic conditions, respectively. Subdrainage Control of groundwater beneath the pump station site is important for maintaining an acceptable factor of safety against slope instability. As discussed previously, the presumed north-south broken drain line that that is presumed to pass through the approximate center of the site will be intercepted north of the site and piped temporarily around the site to the vegetated corridor below the site. We understand the drain line will be permanently incorporated into the stormwater system as part of the proposed residential development to the north at a later time. We recommend the portion of the old drain line be removed from the pump station site during the initial site preparation and grading activities. Based on our discussions with Murray, Smith & Associates, Inc. (MSA) and Peterson Structural Engineers (PSE), French drains will be installed on the site to manage groundwater levels as recommended by GRI. The conceptual location of the recommended French drains is shown on Figure 2. We recommend the drains consist of a minimum 2-ft-wide trench backfilled with open-graded crushed rock (drain rock) and a minimum 4-in.-diameter perforated drain pipe installed near the bottom of the trench. Crushed rock with a gradation of 1/4- to 3/4-in. or 3/4- to 11/2-in., and containing less than 2% passing the No. 200 sieve (washed analysis) is commonly used for this purpose. The drain rock should be completely enveloped in a ' non-woven filter fabric, such as Mirafi 140N or equivalent. To minimize the risk of clogging, a filter fabric "sock"should not be placed around the drain pipe. To intercept groundwater flowing toward the pump station site from the field to the north,we recommend installing a French drain to an elevation of about 220 ft in an east-west orientation along the north side of the pump station site as shown on Figure 2. Because the pump station site is located in a bowl-shaped ' depression on the slope, the ends of the drain should turn 90° to the south at the northwest and northeast corner and continue along the east and west sides of the site for a distance of 30 to 40 ft. To manage groundwater on the middle and lower portions of the site and to improve slope stability, we recommend installing a French drain in a north to south direction through the approximate middle of the site to near the south boundary, then west to outfall at approximate elevation 219 ft. We recommend the north-south aligned drain be connected to the drain along the north side of the site. It may be possible to construct the north-south lateral in the excavation made to remove the old drain line. It is anticipated grading of the site may begin in the upcoming fall or winter months, potentially during extended wet conditions. To reduce the risk of potential high groundwater levels during construction, we recommend the existing drain line be intercepted and the majority of the French drains be constructed prior to installation of the ground improvement and any significant grading. It will not be practical to install the drain line in the lower portion of the site until the ground improvement and some amount of embankment fill is placed. We anticipate a flexible pipe can be connected to the lowest end of the newly installed French drain and directed to a discharge location temporarily until the ground improvement is complete and the embankment fill can be started and remaining French drain installed. 1 1 GRD 7 1 1 1 Site Preparation and Grading The majority of heavy concentrations of vegetation and surface organics have been recently removed from the site. However, some organics remain, and additional stripping and grubbing will need to be accomplished. Vegetation, roots, and other deleterious materials will not be suitable for structural fill. The strippings may be used for landscaping purposes or should be removed from the site. Stripped areas to receive structural fill should be evaluated by a qualified geotechnical engineer. The fine-grained soils that mantle the site are very sensitive to moisture content and are easily disturbed and softened by construction activity during wet conditions. It should be anticipated that the moisture content of fine-grained soils below a depth of 2 to 3 ft will remain above optimum for compaction even during the summer dry season. If possible, site preparation and earthwork should be accomplished during the dry, summer months, and the previously discussed French drains should be installed as soon as possible. It has been our experience that the moisture content of the upper approximate 2 to 3 ft of the silt will decrease during warm,dry weather. However,the moisture content of the soil below this depth tends to remain relatively unchanged and well above the optimum moisture content for compaction. As a result, the contractor must employ working procedures that prevent disturbance and softening of the subgrade soils. For this reason, excavation within the final 2 to 3 ft of any silty subgrade should be accomplished with a trackhoe equipped with a smooth-edge bucket. It may be necessary to construct granular haul roads and work pads to provide access during wet conditions and minimize subgrade disturbance during construction. In general, a minimum 18-to 24-in. thickness of relatively clean, fragmental rock having a nominal maximum size of 4 to 6 in. would be required to support heavy construction traffic and protect the silt subgrade during wet ground conditions. If the subgrade is particularly soft, it may be prudent to place a geotextile fabric (AMOCO 2002, or equivalent) on the subgrade as a separation membrane prior to placing and compacting the granular work pad. New embankment fill constructed on the sloping ground should be placed on flat benches excavated into firm, undisturbed soil. We recommend benches have a minimum width of at least 8 ft. A typical detail for filling on the slope is shown on Figure 5. The figure also shows the conceptual location of a recommended subsurface drain at the top of the site. The exposed subgrade should be evaluated by a qualified geotechnical engineer prior to placing structural fill. Soft or otherwise unsuitable materials exposed in the subgrade should be overexcavated and replaced with structural fill. If the exposed subgrade is particularly wet, it may be necessary to install a thickness of granular fill to serve as a working/drainage blanket, prevent disturbance of the subgrade soils,and provide a drained and sufficiently firm surface for installation of additional compacted structural fill. The drainage blanket should consist of relatively clean fragmental rock, such as 3- to 4-in. minus crushed rock. The actual dimensions and thickness of the blanket will depend on conditions encountered in the field. Depending on the size and gradation of the crushed rock, it may be appropriate to separate the rock from the fill and subgrade soils with a nonwoven geotextile fabric. Areas of seepage, if encountered during site grading, should be drained using the recommendations for French drains provided in the Subdrainage section of this report. Drainage requirements should be evaluated by the geotechnical engineer following observation of site conditions at the time of the grading and earthwork. Fine-grained soil obtained from on-site excavations and/or approved imported fine-grained soil free of organics and other deleterious materials can be used to construct structural fills if properly moisture conditioned and placed during dry conditions. Our subsurface explorations indicate the moisture content GR 8 1 1 of on-site soils obtained from excavations could be 15 to 20% or more above the optimum moisture content for compaction and will require considerable effort to moisture condition. Admixtures of lime or cement could be added to fine-grained soil to facilitate moisture conditioning, if necessary. If wet weather conditions prevent proper moisture conditioning and placement of the fine-grained soils, material used to ' construct structural fills should consist of relatively clean, granular materials, such as sand, sandy gravel, or crushed rock,approved by the design team. Structural fill should be placed in horizontal lifts and compacted to at least 95% of the maximum dry density, as determined by ASTM D 698. The on-site or imported fine-grained soil should be compacted using an adequately sized, static segmented-pad roller. Compaction of granular soil should be completed with adequately sized, vibratory compaction equipment. Loose lift thickness should not exceed 12 in. for heavy-weight compaction equipment; thinner lifts may be required for lighter equipment. Actual lift thickness to achieve the required compaction should be evaluated on the basis of field moisture-density ' testing completed at the time of fill placement. The embankment fill should be overbuilt (outward) 1 to 2 ft and trimmed back using a trackhoe equipped with a smooth-edge bucket to produce a firm surface. ' Final structural fill slopes should be no steeper than 2H:1V. Excavation,Shoring,and Dewatering It is anticipated that installation of the wet well and bypass manhole will require braced shoring excavation methods, such as steel H-piles and lagging, tight-joint sheet piles, or a slide-rail shoring system. Braced excavations can be designed using the lateral earth pressure criteria shown on Figure 6. Excavation spoils ' and material laydown areas should be set back at least 10 ft from the edge of excavations. It may be practical to bench down 5 to 10 ft to minimize the amount of shoring required during the normally extended dry periods of the year. -Temporary excavation slopes deeper than 4 ft, if made, should be ' sloped at no steeper than 1 H:1 V. Flatter slopes may be required if wet conditions are encountered. The method of excavation and design of the temporary shoring and groundwater management system are typically the responsibility of the contractor. It should be anticipated that groundwater will be ' encountered in the excavation. We recommend the contractor submit for review an excavation and dewatering plan prepared by a professional engineer registered in Oregon. The information provided below is for the use of our client and should not be interpreted to mean that we are assuming responsibility of the contractor's actions or site safety. Management of groundwater within the excavation will be an important consideration. As discussed previously, it should be anticipated that groundwater levels at this site may rise significantly during extended periods of wet weather and could approach the ground surface. In this regard, difficulties associated with the management of groundwater can be reduced by scheduling the work for the driest ' months of the year, namely late summer and early fall. Although the bottom of the excavation is planned to terminate in basalt, the construction dewatering system should be designed to maintain the groundwater level as required to provide a stable excavation bottom. In our opinion, maintaining the groundwater at least 1 to 2 ft below the base of the advancing excavation should reduce the risk of heaving and flowing soil conditions. GR a 9 1 1 As currently planned, the base of the wet well will be established at about elevation 200 ft. The top of the extremely soft,predominantly decomposed basalt was encountered at about elevation 206 ft in boring B-1, which is located at about the south edge of the planned wet well. It should be anticipated that the relative hardness and degree of fracturing and weathering of the basalt could vary significantly over short vertical and horizontal distances. Depending on the actual elevation and condition of the basalt exposed in the , excavation at the location of the new wet well, it may be necessary to overexcavate the basalt at the wet well design subgrade elevation to remove highly weathered and soft soil-like decomposed rock, if encountered. I The bypass manhole will be established at an elevation of about 216 ft. The bypass manhole is located about 50 ft north of boring B-1. Based on the subsurface conditions disclosed in boring B-1, we anticipate the base of the bypass manhole will likely be established in relatively stiff silt. However, if soft soil is exposed at subgrade elevation it may be necessary to overexcavate and replace the soft soil with granular structural fill. , It is anticipated that the silt soil overlying the rock can be excavated using a medium to large trackhoe. Based on the materials and conditions disclosed by boring B-1, it may be practical to excavate into the upper 1 ft or so of the highly weathered basalt at the location of the wet well using a large hydraulic excavator with a bucket equipped with rock teeth and/or a ripping shank. However, any significant excavation into the basalt will likely require rock excavation techniques, such as a large hydraulic excavator equipped with a rock chipper/splitter, blasting or chemical rock breaking products. In our opinion, groundwater entering the base of the excavations can likely be managed with sump pumps. To provide a uniform support of the pre-cast wet well and bypass manhole base and to facilitate dewatering, we recommend a 1-to 2-ft thickness of free- draining base course be placed at the bottom of the excavation beneath the structures. The actual thickness of the granular base course should be evaluated at the time of construction but should have a minimum thickness of 1 ft. All soft or loose material present in the bottom of the excavations should be removed prior to placement of the base course. The base course material should consist of clean, open-graded, angular crushed rock with a maximum size of about 2 in.'and containing less than 2% passing the No. 200 sieve (washed analysis). Crushed rock of 3/4 to 11h-in. gradation (drain rock) is often used for this purpose. Base course material should be placed in maximum 12-in.-thick (loose) lifts compacted until well keyed. The open-graded base course material may need to be capped with about 3 to 6 in. of well-compacted 11/2 - or 3/4-in.-minus crushed rock to serve as a leveling course and choke off the surface of the coarser-graded stabilization material to facilitate placement of the base of the pre-cast structure. Foundation Support Wet Well. The precast concrete wet well will have a diameter of 12 ft and have the base established at elevation 200 ft, which is about 40 ft below finished grade. Boring B-1, located at the approximate south edge of the wet well, encountered predominantly decomposed basalt at about elevation 206 ft. We anticipate the base of the wet well will be established on/in the weathered basalt and can be designed to impose an allowable bearing pressure of up to 5,000 psf, assuming the bottom of the excavation is prepared in accordance with the recommendations discussed in the Excavation, Shoring, and Dewatering section of this report. This value applies to the total of dead load plus frequently and/or permanently G R f 10 1 I I applied live loads and can be increased by one-third for the total of all loads: dead, live, and seismic. We estimate the total settlement of the wet well due to the structural loads will be less than 1/2 in. Control Building/Valve Vault. As currently planned, the valve vault will be supported on a reinforced- concrete mat foundation established at about elevation 227 ft, which is at/near the existing site grades. Based on discussions with PSE, the mat will impose an average static bearing pressure of approximately 1,200 psf and maximum localized bearing pressure of 1,500 psf near the edges. We understand maximum tolerable total and differential settlement for the structure is 1 and 1/2 in. for both the static and seismic cases. ' As discussed previously, borings B-1 and B-2 and hand probing disclosed the presences of zones of relatively soft/loose, compressible soils extending from the ground surface to depths of about 10 to 12 ft. Below these depths, the silt is generally medium stiff to stiff. We estimate the placement of a 15-ft-thick ' embankment fill could result in 2 to 4 in. of static settlement primarily due to the consolidation of the softer zones of silty soil. Because the wet well will be established on/in the underlying basalt, consolidation of the overlying silt due to fill placement will not result in settlement of the well. However, the base of the control building/valve vault will be established in the silty soil near existing grades, and, therefore, the sequencing of construction is an important consideration in the performance of this structure. Another consideration is the excavation/shoring methods used for the wet well construction. We anticipate the two most likely construction sequences are 1) construct the valve vault prior to placing embankment fill, or 2) place the embankment fill, excavate to subgrade and construct the valve vault, and then backfill the excavation. These construction sequences are discussed below. ' Construct Valve Vault Prior to Placing Embankment Fill. If the valve vault is constructed prior to placing the embankment fill, it will be necessary to limit settlement. Based on subsurface conditions, we anticipate practical alternatives to limit settlement include 1) ground improvement consisting of aggregate ' piers, 2) overexcavation and replacement of soft/loose soils with compacted structural fill, or 3) supporting the vault on deep foundations. Aggregate piers are typically constructed by augering a shaft, typically 30 ' in. diameter, to the bottom of the zone of improvement and backfilling the shaft with aggregate (crushed rock) that is compacted with a tamping ram in approximate 1-ft-thick lifts. Aggregate piers are typically constructed using large hydraulic excavators equipped with augers and tampers. Alternatively, Aggregate piers can be installed using a hollow mandrel that is vibrated to the required depth, and aggregate is placed in the bottom of the hole through the center of the mandrel as it is retracted. The mandrel is typically raised about 3 ft as the aggregate is placed and then driven back down about 2 ft to form a 1-ft- thick layer of compacted aggregate. Advantages of the vibratory method are reduced spoils generation, and it can be used in soft or loose soils below groundwater that may cave without casing. Aggregate piers provide a dense/stiff vertical element that attracts the loads from the structure and distributes the load to the denser and stiffer layers beneath, thereby reducing total and differential settlement. Aggregate piers ' systems are typically designed by the aggregate piers contractor to meet performance criteria developed by the designer. ' The borings completed for the project indicate the presence of layers and zones of soft soil that may be located below groundwater, particularly if constructed during the normally wet fall through spring months of the year. There is a potential these soft layers and zones could run or cave into the hole if not supported. In this regard, if aggregate piers are installed using auger methods we recommend casing be 1 GR a 11 1 I 1 readily available in the event of caving or running soils. We recommend the need for casing be evaluated by GRI during construction based on actual conditions at the time of installation. I As an alternative to aggregate , it may be practical to overexcavate the upper 10 to 12 ft of the existing soil profile and replace it with compacted structural fill. Due to slope stability considerations,we recommend this alternative only be completed during the seasonally driest months of the year, when the groundwater level will typically be the lowest. Depending on the time of construction and construction schedule, it may be possible to moisture condition the excavated soil and use it as structural backfill. However, if sufficient time is not available to moisture condition the soil and/or if wet conditions are encountered, it will likely be necessary to use relatively clean, imported granular material. Similar to aggregate piers the zone of overexcavation should extend at least 5 ft beyond the edge of the foundations and beneath the piping between the vault and the wet well. The means and methods and backfill materials proposed for excavation and backfilling should be reviewed by the design team prior to construction. The structural backfill should be placed and compacted in substantial conformance with the recommendations for structural fill in the Site Preparation and Grading Section of this report. Temporary excavation slopes should be sloped at no steeper than 1 H:1V. A third alternative to support the valve vault is installation of a deep foundation system. Due to the ' relatively shallow basalt, we anticipate drilled micropiles with a bond zone established in the underlying basalt would be practical deep foundation. Steel piles driven to refusal in the basalt could also be used, but would likely not penetrate more than a few feet using a large pile driving hammer. However, we anticipate lateral loading on the piles would be relatively small since the vault will be embedded and lateral loads can likely be largely resisted by passive soil pressure against the sides of the vault. Deep foundations established in the rock can develop significant compressive capacities. Construct Valve Vault After Placing Embankment Fill. If the embankment fill is placed to finished grade over the footprint of the vault prior to vault construction, and sufficient time is provided for the underlying silty soil to consolidate, we anticipate the valve vault can be constructed with significantly less- foundation preparation than discussed in the previous paragraph to meet the required settlement criteria. However, we anticipate some amount of overexcavation of the existing subgrade,on the order of 1 to 2 ft, may be required to remove near-surface soft/loose soils. We estimate the majority of the consolidation of the existing fine-grained soil beneath the embankment fill will take about one to two months to complete. The settlement should be monitored by establishing survey hubs on the surface of the fill at the four corners and in the center of the vault footprint and elevations measured every five to seven days. The data should be provided to the design team for review and evaluation of when excavation can begin for construction of the vault. We recognize the construction sequence will be an important cost and scheduling consideration, and we can assist in further evaluation and development of the preferred design and construction method at your request. The valve vault foundation recommendations are based on the wet well being constructed with vertical shoring excavation methods that do not impact the valve vault building footprint. Additional recommendations will be required if the wet well is constructed with sloped excavations that extend into the valve vault building footprint. I G RO 12 1 I 1 Design Criteria. To provide uniform support, the mat foundation for the vault should be underlain by a minimum 1-ft thickness of well-graded crushed rock with a maximum size of up to 11h in. and having not more than about 8% passing the No. 200 sieve (washed analysis). The granular base course should be placed in lifts and compacted with vibratory compaction equipment to at least 95% of the maximum dry density as determined by ASTM D 698. For a mat slab imposing an average static uniform bearing pressure on the order of 1,200 psf with localized areas possibly up to 1,500 psf, and assuming the ground/subgrade preparation alternatives discussed above (excluding deep foundations), we estimate the aforementioned total and differential settlement criteria of 1 and 1/2 in. for both the static and seismic case can be achieved. The maximum static bearing pressure can be increased by one-third for the total of all loads: dead, live, and wind or seismic. If the RAP alternative is selected, we recommend an allowable static and seismic bearing pressure of 2,000 and 3,000 psf, respectively, and aforementioned total and differential settlement criteria be used as performance criteria for the aggregate piers supporting the valve vault/control building(Area 1). The aggregate pier-treated zone should extend at least 5 ft beyond the edge of the vault and also under the piping between the vault and the wet well (if the embankment will be placed over the piping). We further recommend the aggregate piers used for support of the valve vault/control building be installed to a depth of at least 15 ft below the existing ground surface. The allowable bearing pressure(s) and estimated settlements will need to be verified during design by the aggregate pier designer. Lateral loads (seismic, soil, etc.) can be resisted partially or completely by frictional forces developed between the base of the floor slab and underlying crushed rock. The total frictional resistance between the foundation and the underlying material is the normal force times the coefficient of friction between the crushed rock and the base of the vault. We recommend a value of 0.45 for the coefficient of friction between mass concrete cast directly on angular, granular structural fill. If additional lateral resistance is required, passive earth pressures against embedded foundations and the vault walls can be computed on the basis of an equivalent fluid having a unit weight of 250 pcf. This design passive earth pressure value would be applicable only if the backfill is placed as compacted structural fill and the backfill is horizontal. ' In areas where the backfill is sloped at 2H:1V (south and west sides), the recommended equivalent fluid pressure should be reduced by about one-half. The coefficient of friction provided above is also applicable for the frictional interaction of backfill soils against walls. Design Lateral and Uplift Pressures The embedded wet well and valve vault structures will be designed to be watertight. The walls of the wet well and valve vault should be considered rigid and non-yielding for design purposes. Due to its location and depth, we understand design of the wet well will be based on undrained backfill conditions. However, the valve vault will be founded near existing grades and within the new embankment fill, and a ' drainage blanket and drain pipes will be installed around the embedded walls, resulting in drained backfill conditions. Design lateral earth pressures for the wet well are provided on Figure 7. For the valve vault, we recommend evaluating lateral earth pressures on the basis of an equivalent fluid having a unit weight of 53 pcf. Additional lateral loading induced by surcharge loads for the wet well and valve vault should be evaluated in accordance with the criteria shown on Figure 8. At a minimum, we recommend a uniform horizontal surcharge pressure of 200 psf to account for construction equipment. We recommend using a triangular distribution of 15H, where H is the retained height of soil, to account for additional seismic earth pressures. The resultant of the seismic pressure should be applied at a point 1/3H from the i GR a 13 I 1 base of the wall. The seismic earth pressure should be added to the static earth pressure. However, short- term live load surcharges on the backfill do not need to be accounted for in the seismic case. These values assume the excavation around the valve vault and wet well is backfilled with relatively clean, granular material placed as structural fill. Backfill placed in the annulus between the wet well and the excavation should consist of granular material, such as sand, sand and gravel, or crushed rock with a maximum size of up to 11/2 in., with not more than about 8% passing the No. 200 sieve (washed analysis). The granular material should be placed in lifts and compacted with vibratory compaction equipment to 93 to 95% of the maximum dry density as determined by ASTM D 698 in the upper 4 ft of the excavation and at least 92% of this density below this depth. Lift thicknesses should be no thicker than 8 in. for hand-operated equipment and 12 in. for trackhoe-mounted vibratory compactors (hoepack). Overcompaction should be avoided, which is 111 particularly important if using a hoepack. The groundwater level should be maintained at least 2 ft below the backfill surface while the pump station is being backfilled. Flooding or jetting the backfill with water 111 to achieve the recommended compaction should not be permitted. Since the entire wet well will be constructed within a shored excavation on basalt, the potentially 111liquefiable materials around the footprint of the wet well within the shoring will be removed and replaced with compacted backfill. With regard to the valve vault founded on a mat foundation, we estimate total settlement following the code-based earthquake will be minor, i.e., less than 1 in., and the backfill and valve vault will settle similar amounts. In this regard, the risk of settlement-induced downdrag on the wet well or valve vault is low to absent and, in our opinion,does not need to be considered in design. As currently planned,the valve vault will be founded at about existing grades and will be somewhat above the highest anticipated groundwater level (assuming the previously discussed subdrainage improvements are completed). Therefore, uplift forces on the base of the vault due to hydrostatic conditions do not need to be accounted for in the design. However, the base of the wet well will extend significantly deeper than the valve vault and will experience significant hydrostatic forces. We recommend using a design groundwater level of about 15 ft below finished grade to compute hydrostatic uplift on the base of the wet well, assuming the previously discussed subdrainage improvements are completed. Resistance to hydrostatic uplift of the wet well due to buoyancy can be provided by frictional resistance of the structural granular backfill and can be computed using an average ultimate shearing resistance in the backfill of 175 psf for an approximate 40-ft-deep wet well. This average ultimate shearing resistance is applicable for static and seismic conditions and assumes the groundwater level is about 15 ft below the finished ground surface (5 ft below existing grades). Uplift resistance can also be provided by increasing the thickness of the foundation and/or walls or extending the foundation slab horizontally beyond the walls of the wet well. The weight of the overlying granular structural fill can be computed using a total unit weight of 120 pcf. In our opinion, the ultimate uplift resistance for an extended foundation slab can be computed using the weight of soil over the foundation plus the average ultimate shearing resistance along the length of the wet well. The backfill around the vault must be fully drained for use of the recommended equivalent fluid value. The drainage system should consist of a minimum 2-ft-wide zone of free-draining granular fill adjacent to the embedded walls. Materials used to construct drainage blankets should consist of open-graded, angular crushed rock with a maximum size of up to 11/2 in., with not more than about 2% passing the No. 200 R G R Q 14 1 I I sieve (washed analysis). Crushed rock of 3/4-to 11/2-in.gradation (drain rock) is commonly available and is suitable for this purpose. A 4- to 6-in.-diameter rigid perforated drain pipe should be provided near the bottom of the drainage blanket. A non-woven geotextile, such as Mirafi 140N (or similar), is recommended between the free-draining backfill and the general wall backfill to reduce the risk of contamination of the wall drain system. Force Main and Gravity Sewer Lines We understand the new force main will be established at a depth of about 5 to 8 ft below final grades along the majority of the alignment, but will extend to depths of 10 to 12 ft at the east end to make the connection with the existing sanitary sewer manhole G1. The new gravity influent sewer will enter the north side of the wet well at a depth of about 15 to 20 ft below the finished ground surface. The method of excavation and design of trench support are the responsibility of the contractor and subject to applicable local, state,and federal safety regulations, including the current OSHA excavation and trench safety standards. The means, methods, and sequencing of construction operations and site safety are also the responsibility of the contractor. The information provided below is for the use of our client and should not be interpreted to mean that we are assuming responsibility for the contractor's actions or site safety. The borings made for the investigation indicate the majority of trench excavation required for installation ' of the force main and the portion of the gravity sewer within the pump station site will be primarily in silty soil that can be readily excavated using conventional equipment. However, at the east end of the force main alignment, the excavation for the new line will extend from a depth of about 5 ft below existing grades at new manhole No. 1 to about 10 to 12 ft below the ground surface at the connection to existing manhole G1. Boring B-10, made near the east end of the alignment, encountered highly weathered basalt at a depth of about 12 ft below the ground surface, or about elevation 315 ft. Based on information provided by the City of Beaverton in a recent email correspondence to MSA, basalt was encountered at a depth of about 5 to 6 ft below the ground surface (approximate elevation 320 ft) during installation of existing manhole G1 and required excavation by chipping/splitting with a 200 class excavator. Basalt was encountered at shallower depths in excavations north and east of manhole G1. Based on this information, we anticipate the surface of the weathered basalt slopes upward from new manhole No. 1 to existing manhole G1 and may be encountered within the depth of excavation and require-similar rock excavation methods. Weathered basalt was encountered at a depth of about 21 ft below the ground surface in boring B-1. Consequently, the portion of the gravity sewer within the pump station site may also encounter weathered basalt in the lower portion of the excavation that requires rock excavation methods. ' Depending on the time of year, groundwater seepage could be encountered in utility excavations, which could create the potential for running soil conditions and unstable trench sidewalls. All excavation sidewalls should be properly sloped or shored to conform to applicable local, state, or federal regulations. Some overexcavation of the trench bottom may also be necessary to permit installation of stabilization/drainage material if wet ground conditions are encountered. To provide a relatively dry working base and facilitate dewatering, a drainage/stabilization layer consisting of a 12-to 18-in. thickness of open-graded crushed rock (drain rock) containing less than 2% passing the No. 200 sieve (washed analysis) may be appropriate. If the subgrade is particularly soft, it may be appropriate to install a geotextile separation fabric on the subgrade prior to placing the drainage/stabilization layer. However, the GRa 15 1 1 need for and requirements of a stabilization layer should be based on actual conditions. Seepage, if encountered, can be controlled by pumping from sumps in the trench excavation. 1 Utility trenches beneath or near pavement, the pump station foundation, sidewalks, slabs, other structures, should be backfilled with well-graded crushed rock with a maximum particle size of up to 11/2 in. and meet the requirements for dense-graded aggregate as specified in Section 02630.10 of the ODOT 2008 Standard Specifications for Highway Construction. The crushed rock backfill should be compacted tout least 95% of the maximum dry density as determined by ASTM D 698. The use of trackhoe-mounted vibratory plate compactors is usually most efficient for compaction of trench backfill. Lift thicknesses should be evaluated on the basis of field density tests; however, particular care should be taken when operating hoe-mounted compactors to prevent damage to the newly placed utilities. Flooding or jetting to compact the trench backfill should not be permitted. Utility pipes should be underlain by a minimum 6-in. thickness of good-quality bedding material. We recommend the bedding material and any pipe zone backfill consist of relatively clean, granular material such as 3/4- or 1-in.-minus crushed rock. Material conforming to ODOT specifications for dense-graded aggregate would be suitable for this purpose. The bottom of the excavation should be thoroughly cleaned to remove loose materials before installing the bedding material. Standpipe Decommissioning When no longer needed, the observation standpipe in boring B-1 should be decommissioned by a licensed well drilling contractor in accordance with the Oregon Water Resources Department rules and regulations. LIMITATIONS This report has been prepared to aid Murray, Smith & Associates, Inc. in the design of this project. The scope is limited to the specific project and location described herein, and our description of the project represents our understanding of the significant aspects of the project relevant to the design and construction of the pump station and force main. In the event that any changes in the design and location of the project elements as outlined in this report are planned, we should be given the opportunity to review the changes and to modify or reaffirm the conclusions and recommendations of this report in writing. The conclusions and recommendations submitted in this report are based on the data obtained from the borings made at the locations indicated on Figures 2 through 4 and from other sources of information discussed in this report. In the performance of subsurface investigations,specific information is obtained at specific locations at specific times. However, it is acknowledged that variations in soil and rock conditions may exist. If, during construction, subsurface conditions differ from those encountered in the explorations are observed, we should be advised at once so that we can observe and review these conditions and reconsider our recommendations where necessary. 1 I • 16 1 I I Submitted for GRI, flop PROF. cy - 40 441 11358PE / -7 1 -A 441 1-1--/- lb •- - 't4.1 N S. MP Renews 12/2016 A. Wesley Spang, PhD, PE, GE Keith S. Martin, PE, GE Principal Senior Engineer I I I i I I I 1 I I C� R 17 t I --‘-- - ....„---,L-, , ` l , ii sy,. BLVD r.6.,\`�= o ,;- \ l!'t urIn "/ ' l ( R , � 1 ,SWSI .....„). LERIDGE 1I�\c, ,_____,vr,,,,,,;,,,,,.. , � 2 r_____„___,_ / / \ -;,.....,446, ....„. 40,. , D ,.,.�; �O`l� ✓� /:�/,,-rWK/� �`c--) OJ \� �,/ 450 S i G/� f O rk :_;,..,„ ,\ Aq,,,f,fk S4'.-Piiii4, \ --1. -- / w �� may`/HIGH-HILL-1N , 00 �3- t f 'O \ Mi ___.-4- Jas ✓ ,,° SW �n;��.��/� S.W-'SNOWYI��V ��� J� 200 �i► �� ,-'. �� r 6� ! 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C O• 0 0 -n�A \_ • ..-.. ."� /ti/ p!1LOON-OR V/ l`i�� Nd ,I;:f_f1 A I ry •._ 5 -MALLA � �o , c 1.? - % i\ -- i ' -,------._-- , ii-' q.,z ,...„ ,,, , Ve\.....,,,i) 3� 1 - SWBARROWS:RD -� Cf .1-.`0 EMS 'i/~ l s n SW SCROLLS FERRY R �� `�� iTUaIQGI►1 6� z�� `t 1V �;,. ®' � . 1�r Valle j 1 (� FORCE MAIN imr.... \ . r •ftwaspir- — 77, ��� y,(�„, iiii,/K1I1tU11 > `� 4/ o 7 �I. � 5_Z \'BRISTLE 0 \4:1 //,(I r' Lam.. t 92' I aso: PUMP STATION A "I i (3g-P , .' �1 / -4\\G � } \/"�o t ( m Slam � ��--- -----------4)i,,,,/ {L .� BUI1_, - \ �j A SUNRISE LN 7 �� : ” r itos� ' ( Mtfl I �`� ^ �� ))IwCC `BULL MOUNTAIN RD ..Th B'UL'L` -,),,,,o/- ll(1�11/ �.PiG/y 5W BURGUNDY`ST MI O\ v'�I N e,,,,.. , ; \ 1 1-10, �� l,•\ -.1( Nv �,, ---„,,A,,,____0)\\,_ )h gip / /: 1 % i ' aver ilo.� �, /` 11� �_ / (���W atin� / \ il/0 r • / �o `.���, _ �' ` `"-._SW WOODHUE ST ,O. f ��(/��y \ 300 1 ,-45)/f/ �N\Jl i ....-4'-=‘;..��l 1LI7 ( " > �PRIL LN\ /// \�___ '`i\ Il +1'�" 400 USGS TOPOGRAPHIC MAP BEAVERTON,OREG.(2014) I North 0 1/2 1 MILE 111 I GT� II MURRAY,SMITH&ASSOCIATES,INC. j� RIVER TERRACE PUMP STATION AND FORCE MAIN VICINITY MAP I SEP.2015 JOB NO. 5666 FIG. 1 I NO M - NIB 111111 MID MI S MO I IIIIIII MI e US M 111111111 ON NM NM \PUMP STATION PLANNED EMBANKMENT FILL _ r BENCHES(TYPICAL) 2H(MIN.) � 1V T _ Y -7 -- F- 8 FT(MIN.) EXISTING GROUND 10 TO 12 FT -._- SURFACE (TYPICAL) i UPPER EAST TO WEST ALIGNED FRENCH DRAIN NOT TO SCALE G R il MURRAY,SMITH&ASSOCIATES,INC. RIVER TERRACE PUMP STATION AND FORCE MAIN TYPICAL DETAIL FOR FILLING ON SLOPES (PUMP STATION) SEP.2015 JOB NO.5666 FIG.5 I I I (22 HT)PSF Hi I HT (22 H1+10 H2)PSF MEM V - I A irk H2 V • (62.4 H2)PSF NOTE: SURCHARGE EFFECTS FROM TRAFFIC,CONSTRUCTION EQUIPMENT,ETC.,SHOULD BE ADDED TO THE ABOVE DESIGN PRESSURES. LATERAL LOADS ON THE SHORING DUE TO SURCHARGE EFFECTS CAN BE COMPUTED USING THE CRITERIA PROVIDED ON FIGURE 8. THE ACTUAL AMOUNT OF THIS SURCHARGE WILL DEPEND ON THE CONTRACTOR'S APPROACH TO THE WORK;HOWEVER, WE RECOMMEND USING A MINIMUM UNIFORM PRESSURE OF 200 PSF. I I G R 11 MURRAY,SMITH&ASSOCIATES,INC. RIVER TERRACE PUMP STATION AND FORCE MAIN GUIDELINES FOR TEMPORARY SHORING I (BRACED EXCAVATIONS) SEP.2015 JOB NO.5666 FIG.6 I 12 FT iFINISHED GRADE u A G aII)STRUCTURAL FILL 11 WET WELL '411/ I EXISTING GROUND /\ II Hl 1 TI U 5 FT t I _ /SILT i .,. a 4 + • ' , I + 1 H2 4 I 4 41 4 .4 L \� 53 H1 24H2/ 62.4 H2(H20) \15(H1+H2) (STATIC EARTH PRESSURE) (HYDROSTATIC PRESSURE) (SEISMIC PRESSURE) INOTES: 1) ASSUMES BASE OF WET WELL ESTABLISHED AT ELEVATION 200 FT IN PREDOMINATELY DECOMPOSED BASALT. 1 2) PRESSURES IN PSF. 3) ASSUME GROUNDWATER 5 FT BELOW EXISTING GROUND SURFACE FOR STATIC AND SEISMIC CONDITIONS. 1 4) SEISMIC PRESSURE SHOULD BE ADDED TO STATIC EARTH AND HYDROSTATIC PRESSURES. 5) SURCHARGE LOADS IN BACKFILL AREA MAY BE COMPUTED USING CRITERIA ON FIGURE 8. SHORT TERM LIVE LOADS SUCH AS CONSTRUCTION EQUIPMENT DOES NOT NEED TO BE INCLUDED IN SEISMIC CONDITIONS. WE RECOMMEND iMINIMUM 200 PSF UNIFORM HORIZONTAL SURCHARGE TO ACCOUNT FOR CONSTRUCTION EQUIPMENT. I G R 0 MURRAY,SMITH&ASSOCIATES,INC. RIVER TERRACE PUMP STATION AND FORCE MAIN LATERAL EARTH PRESSURE DIAGRAM I (WET WELL) SEP.2015 JOB NO.5666 FIG.7 I I 1 X=mH > STRIP LOAD,q I LINE LOAD,Q1 Ewa _ / •..�/ ��=ice /3 /3/2I Z=nH 01= OM It For mS0.4: Vilfr MT ah= QL 0.2n H I H H (0.16+nz)z ay W Form>0.4: Vr all= 2 (fl-SINS COS 2a) ir ah ah= QL 1.28m2n ah H (m2+n2)2 / ()3 in radians) I LINE LOAD PARALLEL TO WALL STRIP LOAD PARALLEL TO WALL I < X=mH >I I POINT LOAD,Qp n i Z=nH For m S 0.4: AZ_ Irr_`A' ah= Qi 0.28n2 I H IF TT (c ,6,—,----r--. )3 IV For m>0.4: 1 a all= Qp 1.77m2n2 jh H2 (m2 � 1 po'h=oh COS2(1.10) NOTES: I Oft / ah 1. THESE GUIDELINES APPLY TO RIGID WALLS WITH POISSON'S RATIO ASSUMED TO BE 0.5 FOR BACKFILL MATERIALS. I ® EV—1/ 11 2. LATERAL PRESSURES FROM ANY COMBINATION OF ABOVE Vta'h LOADS MAY BE DETERMINED BY THE PRINCIPLE OF SUPERPOSITION. I X=mH > I DISTRIBUTION OF HORIZONTAL PRESSURES VERTICAL POINT LOAD G T� MURRAY,SMITH&ASSOCIATES,INC. I j� RIVER TERRACE PUMP STATION AND FORCE MAIN SURCHARGE-INDUCED I LATERAL PRESSURE SEP.2015 JOB NO.5666 FIG.8 1 I I I I I I i 1 I I 1 APPENDIX A Field Explorations and Laboratory Testing I I i 1 I I APPENDIX A FIELD EXPLORATIONS AND LABORATORY TESTING I FIELD EXPLORATIONS I General Subsurface materials and conditions for the pump station and force main were evaluated by GRI between December 17 and 19, 2014, with 10 borings, designated B-1 through B-10, and three hand-augered borings, designated HA-1 through HA-3. The locations of the borings are shown on Figures 2 through 4. All explorations were observed by a geotechnical engineer from GRI. The drilled borings were advanced to depths of 12 to 44 ft with mud-rotarydrillingmethods (and wireline g p rock coring methods below a depth of 30 ft in boring B-1 using CME 55 track- mounted drill rigs provided and operated by Western States Soil Conservation, Inc., of Hubbard, Oregon. Disturbed and undisturbed samples were obtained from the drilled borings at about 2.5-to 5-ft intervals of depth. Disturbed samples were obtained using a standard split-spoon sampler. At the time of sampling, the Standard Penetration Test was conducted. This test consists of driving a standard split-spoon sampler into the soil or rock a distance of 18 in. using a 140-lb hammer dropped 30 in. The number of blows required to drive the sampler the last 12 in. is known as the Standard Penetration Resistance, or N-value. The N-values provide a measure of the relative density of granular soils and the relative consistency of cohesive soils. The hand- augered borings were advanced to a depth of about 5 ft below the ground surface, and soil samples were obtained from the auger at approximate 2.5-ft intervals. Soil samples obtained in the split-spoon sampler and from the auger were carefully examined in the field, and representative portions were saved in airtight jars for further examination and physical testing in our laboratory. In addition, relatively undisturbed Shelby tube samples of soil were collected from the drilled borings and returned to our laboratory for further evaluation and testing. The continuous rock cores obtained from boring B-1 were placed in core boxes and returned to our laboratory for further evaluation. Logs of the borings are provided on Figures 1A through 12A. Each log provides a descriptive summary of the various types of materials encountered in the boring and notes the depth at which the materials and/or characteristics of the materials change. To the right of the descriptive summary,the numbers and types of samples taken during the drilling operation are indicated. Farther to the right, N-values are shown graphically, along with the natural moisture contents, unit weights, Torvane shear strength values, Atterberg limits, and percentage of material passing the No. 200 sieve. The terms and symbols used to describe the soil and rock encountered in the borings are defined in Tables 1A and 2A and the attached legend. Observation Standpipe An observation standpipe piezometer was installed to a depth of about 25 ft in boring B-1. The standpipe consists of a 1-in.-I.D. plastic pipe slotted below a depth of 15 ft. The boring was flushed with clean water prior to installing the pipe, and the annular space around the pipe was backfilled with Colorado sand to about 1 ft above the slotted zone. The remaining portion of the hole was backfilled with a seal consisting of bentonite. The top of the standpipe is protected with a flush-mounted monument. Groundwater enters I G 1\ a A-1 I 1 I through the slots and rises to a static level, which is measured with an electrical probe lowered inside the pipe. LABORATORY TESTING General Samples obtained from the borings were examined in our laboratory, where the physical characteristics of the samples were noted, and the field classifications were modified where necessary. At the time of classification, the natural moisture content of each sample was determined. Additional testing included determinations of Torvane shear strengths, undisturbed unit weight, one-dimensional consolidation characteristics,washed sieve analysis,and Atterberg limits. Natural Moisture Contents Natural moisture content determinations were made in conformance with ASTM D 2216. The results are summarized on Figures 1A through 12A. Torvane Shear Strength The approximate undrained shear strength of the fine-grained soils obtained in the Shelby tubes was measured using the Torvane shear device. The Torvane is a hand-held apparatus with vanes that are inserted into the soil. The torque required to fail the soil in undrained shear around the vanes is measured using a calibrated spring. The torque measurements have been correlated to the undrained shear strength of various fine-grained soils. The results of the Torvane shear strength testing are shown on Figures 1A through 10A. Undisturbed Unit Weight The dry unit weight, or dry density, of undisturbed soil samples was determined in the laboratory in substantial conformance with ASTM D 2937. The unit weight determinations are summarized below and shown on Figures 1A through 10A. SUMMARY OF UNIT WEIGHT DETERMINATIONS Approximate Moisture Dry Unit Boring Sample Depth,ft Soil Type Content,% Weight, pcf B-1 S-4 10.3 SILT,trace to some fine-grained sand and clay, 29.5 94.3 brown,stiff S-7 20.2 SILT,trace to some clay and fine-grained sand, 36.1 88.9 Idark brown,stiff,trace gravel B 2 S 2 5.2 SILT,trace to some clay and fine-grained sand, 33.3 88.0 brown,medium stiff to stiff S-5 13.0 SILT,trace to some clay and fine-grained sand, 33.7 90.3 dark brown,medium stiff B-3 S-3 7.3 SILT,trace to some clay and fine-grained sand, 32.3 88.9 I brown,stiff S 6 16.2 SILT,trace to some clay and fine-grained sand, 36.1 85.5 brown,stiff I GR p A-2 I I I Approximate Moisture Dry Unit Boring. Sample Depth,ft Soil Type Content,% Weight, pcf B-4 S-2 5.5 SILT,trace to some clay and fine-grained sand, 35.7 86.7 light brown to brown,stiff B-5 S-3 8.8 SILT,trace to some clay and fine-grained sand, 32.3 89.0 light brown to brown,stiff B-6 S-2 5.3 SILT,trace to some clay and fine-grained sand, 30.5 93.0 brown,medium stiff B-7 S-2 5.5 SILT,trace to some clay and fine-grained sand, 30.6 92.6 light brown to brown,stiff. B-8 S-2 5.5 SILT,trace to some clay and fine-grained sand, 31.6 89.8 light brown to brown,stiff B-9 S-4 10.1 SILT,trace to some clay and fine-grained sand, 30.6 94.9 reddish-brown to brown,medium stiff to stiff B-10 S-3 8.0 SILT,trace to some clay and fine-grained sand, 27.0 100.4 reddish-brown to brown,stiff One-Dimensional Consolidation Testing Two one-dimensional consolidation tests were performed in conformance with ASTM D 2435 on relatively undisturbed samples from borings B-1 and B-2. The test provides data on the compressibility of the underlying fine-grained soils and decomposed rock, necessary for settlement studies. The test results are summarized on Figures 13A and 14A in the form of a curve showing percent strain versus applied II effective stress. The initial dry unit weight and moisture content of the samples are also shown on the III figures. Washed-Sieve Analysis I Washed sieve analyses were performed for selected soil samples to assist in classifying the soils. The test is performed by taking a sample of known dry weight and washing it over a No. 200 sieve. The material retained on the sieve is oven-dried and weighed. The percentage of material passing the No. 200 sieve is then calculated. The results are tabulated below and shown on Figures 1A through 5A. SUMMARY OF WASHED SIEVE ANALYSES Percent Passing Boring Sample Depth,ft No.200 Sieve Description B-1 S-1 2.5 32.1 Silty SAND,trace clay,brown,fine to I medium grained S-2 5 12.6 Silty SAND,trace clay,brown,fine to medium grained S-3 7.5 65.4 Sandy SILT,trace clay,brown,fine-to medium-grained sand S-4 11.5 76.2 SILT,some clay and fine-grained sand, brown I G RII II A-3 I I I Percent Passing I Boring Sample Depth,ft No.200 Sieve Description B-2 S-1 2.5 89.8 SILT,trace to some clay,trace fine-grained sand,brown S-2 6.5 92.9 SILT,trace to some clay,trace fine-grained I sand,brown S-4 10.0 98.6 SILT,trace to some clay,trace fine-grained sand,brown IB-3 5-1 2.5 92.9 SILT,trace to some clay,trace fine-grained sand,brown S-5 12.5 96.5 SILT,trace to some clay,trace fine-grained sand,brown B-4 S-2 5.3 97.4 SILT,trace to some clay,trace fine-grained sand,light brown to brown IB-5 S-3 9.4 79.8 SILT,trace to some clay and fine-grained sand,light brown to brown 11 Atterberg Limits Atterberg limits determinations were performed on four representative soil samples in conformance with ASTM D 4318. The test results are summarized on Figure 15A. I I I • I , I I I I I I GR 0 A-4 I I I Table 1A: GUIDELINES FOR CLASSIFICATION OF SOIL I Description of Relative Density for Granular Soil Standard Penetration Resistance Relative Density (N-values)blows per foot Very Loose 0-4 Loose 4-10 Medium Dense 10-30 Dense 30-50 Very Dense over 50 Description of Consistency for Fine-Grained(Cohesive)Soils Standard Penetration Torvane or I. Resistance(N-values) Undrained Shear Consistency blows per foot Strength,tsf Very Soft 0-2 less than 0.125 Soft 2-4 0.125-0.25 Medium Stiff 4-8 0.25-0.50 Stiff 8-15 0.50-1.0 Very Stiff 15-30 1.0-2.0 Hard over 30 over 2.0 I Grain-Size Classification Modifier for Subclassification Boulders: Primary Constituent Primary Constituent >12 in. SAND or GRAVEL SILT or CLAY Cobbles: Adjective Percentage of Other Material(by weight) 3-12 in. trace: 5-15(sand,gravel) 5-15 (sand,gravel) I Gravel: some: 15-30(sand,gravel) 15-30(sand,gravel) 1/4-3/4 in. (fine) sandy,gravelly: 30-50(sand,gravel) 30-50(sand,gravel) 3/4-3 in. (coarse) Sand: trace: <5 (silt,clay) No.200-No.40 sieve(fine) Relationship of clay and No.40-No. 10 sieve some: 5- 12 (silt,clay) silt determined by (medium) silty, clayey: 12-50(silt,clay) plasticity index test No. 10-No.4 sieve(coarse) Silt/Clay: pass No.200 sieve I I i GRU . i I 1 I Table 2A: GUIDELINES FOR CLASSIFICATION OF ROCK IRELATIVE ROCK WEATHERING SCALE ITerm Field Identification Fresh Crystals are bright. Discontinuities may show some minor surface staining. No discoloration in rock fabric. Slightly Rock mass is generally fresh. Discontinuities are stained and may contain clay. Some discoloration in rock I Weathered fabric. Decomposition extends up to 1 in.into rock. Moderately Rock mass is decomposed 50%or less. Significant portions of rock show discoloration and weathering Weathered effects. Crystals are dull and show visible chemical alteration. Discontinuities are stained and may contain secondary mineral deposits. IPredominantly Rock mass is more than 500/0 decomposed. Rock can be excavated with geologist's pick. All Decomposed discontinuities exhibit secondary mineralization. Complete discoloration of rock fabric. Surface of core is friable and usually pitted due to washing out of highly altered minerals by drilling water. I Decomposed Rock mass is completely decomposed. Original rock"fabric"may be evident. May be reduced to soil with hand pressure. IRELATIVE ROCK HARDNESS SCALE Hardness Approximate Unconfined Term Designation Field Identification Compressive Strength Extremely RO Can be indented with difficulty by thumbnail. May be < 100 psi Soft moldable or friable with finger pressure. Very R1 Crumbles under firm blows with point of a geology pick. 100-1,000 psi I Soft Can be peeled by a pocket knife and scratched with fingernail. Soft R2 Can be peeled by a pocket knife with difficulty. Cannot be 1,000-4,000 psi scratched with fingernail. Shallow indentation made by firm IMedium R3 blow of geology pick. Can be scratched by knife or pick. Specimen can be 4,000-8,000 psi Hard fractured with a single firm blow of hammer/geology pick. I Hard R4 Can be scratched with knife or pick only with difficulty. 8,000 16,000 psi Several hard hammer blows required to fracture specimen. Very R5 Cannot be scratched by knife or sharp pick. Specimen > 16,000 psi Hard requires many blows of hammer to fracture or chip. Hammer rebounds after impact. RQD AND ROCK QUALITY Relation of RQD and Rock Quality Terminology for Planar Surface RQD(Rock Description of Bedding Joints and Fractures Spacing I Quality Designation),% Rock Quality Laminated Very Close Close < 2 in. 0 25 Very Poor Thin 2 in.—12 in. 25-50 Poor Medium Moderately Close 12 in.—36 in. ISO-75 Fair Thick Wide Very Wide 36 in.-10 ft 75 90 Good Massive > 10 ft 90-100 Excellent I I G RQ I BORING AND TEST PIT LOG LEGEND I SOIL SYMBOLS SAMPLER SYMBOLS Symbol Typical Description Symbol Sampler DescriptionI T 2.0-in.O.D. split-spoon sampler and Standard LANDSCAPE MATERIALS 1 Penetration Test with recovery(ASTM D1586) .::. FILL I Shelby tube sampler with recovery I ,;,,;;; (ASTM D1587) ,Q GRAVEL;clean to some silt,clay,and sand II 3.0-in. O.D.split-spoon sampler with recovery (ASTM D3550) 'otlaSandy GRAVEL;clean to some silt and clay Grab Sample I 4 Silty GRAVEL; up to some clay and sand III Rock core sample interval R.f��� Clayey GRAVEL; up to some silt and sand ' Sonic core sample intervalI SAND;clean to some silt,clay,and gravel Geoprobe sample interval ttl Gravelly SAND;clean to some silt and clay INSTALLATION SYMBOLS ES Silty SAND; up to some clay and gravel Symbol Symbol Description 51 Clayey SAND; up to some silt and gravel III Flush-mount monument set in concrete I SILT; up to some clay,sand,and gravel Ill Concrete,well casing shown where applicable III Gravelly SILT; up to some clay and sand v'% Bentonite seal,well casing shown where applicable Sandy SILT; up to some clay and gravel Filter pack, machine-slotted well casing shown '•L-'• where applicable � i'/' Clayey SILT; up to some sand and gravel 11 Grout,vibrating-wire transducer cable shown where applicable V/ CLAY; up to some silt, sand,and gravel 0 Vibrating-wire pressure transducer 17, Gravelly CLAY; up to some silt and sand I 1-in.-diameter solid PVC I g. Sandy CLAY; up to some silt and gravel � 1-in.-diameter hand-slotted PVC PI Silty CLAY; up to some sand and gravelGrout, inclinometer casing shown where 1 ® applicable PEAT FIELD MEASUREMENTS BEDROCK SYMBOLS Symbol Typical Description I Symbol Typical Description E. Groundwater level during drilling and date measured I k +++ BASALT 1 Groundwater level after drilling and date +++ measured I _ W =.J SILTSTONE Rock core recovery 5 I W ;__ SANDSTONE III Rock quality designation (RQD) r 0 SURFACE MATERIAL SYMBOLS I o Symbol Typical Description z ■ Asphaltic-concrete PAVEMENT o I■ a Portland cement concrete PAVEMENT cn w Ov‘,1- 0 be Crushed rock BASE COURSE 0 a 0 z 0 m I I p CLASSIFICATION OF MATERIAL `~` o a A BLOWS PER FOOT F z F z • MOISTURE CONTENT, v LL o 0 FINES CONTENT,% g w w v COMMENTS AND E >,_ J¢ ii _..1 ��LIQUID LIMIT, w c' ww u ., Q ¢ 0 PLASTIC LIMIT,% ADDITIONAL TESTS o c� Surface Elevation:227.0 ft[±] (NGVD 29) w o ? co co m 0 50 100 Silty SAND,trace clay,brown,loose,fine to medium grained(Possible Fill) P 1 5 S-1 1 3 A 0♦ X2.5 ft 144/1/5)) 2.5 ft(2/4/15) 5—';.: / H S2I 3 ♦i • 7.5151 % 0 / — Sandy SILT,trace clay,brown,very soft to soft,fine r to medium-grained sand j S-3 l •1 0 10— 217.0 0.5 SILT,trace to some clay and fine-grained sand, 10.0 j • • 0.65 Dry Density=94 pcf — own,stiff -light brown,medium stiff below 12 ft s4 2 7 H* • ID G5 5 II/ t 15— • _• 1 1 9 h� s-s I a I - _ 5 1 20— —dark brown,stiff,trace gravel below 20 ft — 0.s • Dry Density=88.99998 206.0 ♦ Pcf +++ BASALT,gray to reddish-brown,predominantly 21.0 S-7 —+++ decomposed,extremely soft to very soft(RO to R1) • = 42 42-50/4°- 50/4" 411P +++ — 1 — + 25—++++ 50/4"+ — S-9 Z 50/4" ♦ A I +++ -I-++ ++I- +A- + �, +++ +++ I Fui +++ 0 +++ 30 +++ 197.0 50/2^- a +++ BASALT,some vesides,brownish-gray,moderately 300 S-10=50/2" , ; W +++ weathered,soft to medium hard(R2 to R3),very G1 7 , i::; a _+++ dose to close randomly oriented joints and _ / o +++ fractures,secondary mineralization in fractures and —+++ vesicles —++4. z +++ G2 111 0 35—+++ o —+++ _ +++ 1/ /L// o E +++ —gray,slightly weathered,medium hard(R3)below /�/ m —+++ 38 ft ///////// MOW 4r. —40 i ° (CONTINUED NEXT PAGE) 0 0.5 1.0 Logged By:C.Landau Drilled by:Western States Soil Conservation,Inc. • TORVANE SHEAR STRENGTH,TSF Date Started:12/17/14 Coordinates:45.42224°N 122.8568°W(Lat-Long) ■ UNDRAINED SHEAR STRENGTH,TSF Drilling Method: Mud Rotary Hammer Type:Auto Hammer I Equipment: CME 55 HT Track-Mounted Drill Rig Weight:140 Ib BORING B' Hole Diameter: 5 in. Drop:30 in. Note:See Legend for Explanation of Symbols Energy Ratio:82% SEP.2015 JOB NO.5666 FIG.1A I I U Z w A BLOWS PER FOOT U- p CLASSIFICATION OF MATERIAL o o a z • MOISTURE CONTENT, LL o LL g Z o ❑ FINES CONTENT,% ¢_ ¢ a e_LLI LIQUID LIMIT,% COMMENTS AND a w a N o PLASTIC LIMIT,% ADDITIONAL TESTS Li, o Surface Elevation:227.0 ft 1±] (NGVD 29) w o z co co m 0 50 100 +++ BASALT,some vesicles,gray,slightly weathered, —+++ medium hard(R3),very close to close randomly / _+++ oriented joints and fractures,secondaryI +++ mineralization in fractures and vesicles / I —+++ as / (12/17/2014) 44.0 I 50— I I 55 I 60- 65- 5 0- 65= 27. 01 o w g 70— a ir _ 0 75— g — o — 0 z — 0 0 m — 0-80 0 0.5 1.0 • TORVANE SHEAR STRENGTH,TSF • UNDRAINED SHEAR STRENGTH,TSF G RD BORING B-1 SEP.2015 JOB NO.5666 FIG.1A I I (9 CLASSIFICATION OF MATERIAL `~` o a z •• BLOWS PER FOOT F o z r r d >- • MOISTURE CONTENT, I LL c> o g w w o 0 FINES CONTENT,% a > a a s 1--i—LIQUIDLIMIT,% COMMENTS AND Ci- Pu- L w c'—i) ¢ ¢ 0fPLASTIC LIMIT,% ADDITIONAL TESTS 0 Surface Elevation:223.0 ft 1±] (NGVD 29) w o z c co m 0 50 100 -J SILT,trace to some clay and fine-grained sand, — brown,medium stiff 2 7- - S-1I 3 ♦ 0 o 4 5- 0.35 _ —medium stiff to stiff at 5.5 ft • 0.5 Dry Density=88 pcf S-2 HP ❑ Dry Density=93 pcf — - 1 A5 - S3 2 3 10— —soft at 10 ft S-4 124 2 ❑ — 2 —dark brown,stiff below 12.5 ft S-5 • :.6 Dry Density=90 pcf i 2 -9 I 15- 8-6 I 5 • 4 T+� -205.5 Driller noted hard drilling —+++ BASALT,red,moderately weathered,soft(R2) at 17.5 ft —+++ I +++ 20—+++ S-7 =50/2' 50l A +++ --4++ +++ +++ I +++ -+++ +++ -"+++ --gray mottled orange and brown at 25 ft50/2- 25-4++ +++ -9 y 9 8-8 =5012' N _++-I- 7.: + +++ o -+ �—gray,soft to medium hard(R2 to R3)at 28.5 ft r 28 55 S-9 =50/1° 50/1- Driller noted very hard o — (12/18/2014) drilling at 28.5 ft W a 30— J aI _ I a a - 0 (7 I o 35- - C I9 - (9 - Z E m - o—40 0 0.5 1.0 Logged By:C.Landau Drilled by:Western States Soil Conservation,Inc. • TORVANE SHEAR STRENGTH,TSF Date Started:12/18/14 Coordinates:45.42213°N 122.8568°W(Lat-Long) II UNDRAINED SHEAR STRENGTH,TSF I Drilling Method: Mud Rotary Hammer Type:Auto Hammer Equipment: CME 55 HT Track-Mounted Drill Rig Weight:140 f Hole Diameter: 5 in. Drop:30 in.. R BORING B'2 Note:See Legend for Explanation of Symbols Energy Ratio:82% i - SEP.2015 JOB NO.5666 FIG.2A I Z w A BLOWS PER FOOT 0 CLASSIFICATION OF MATERIAL z r o O a ? • MOISTURE CONTENT,% / LL 0 1-w g• w o 0 FINES CONTENT,% COMMENTS AND r a ¢ 0- a �r LIQUID LIMIT, w w w "" < < 0 PLASTIC LIMIT,% ADDITIONAL TESTS 0 0 Surface Elevation:229.0 ft[-1-] (NGVD 29) w 0 z m co m 0 50 100I SILT,trace to some clay and fine-grained sand, - brown,medium stiff,scattered fine organics 1 6 1 - S-1 1 3 4 3 / 5- -organics absent below 5 ft / 3 6 I S-2I 3 A - 3 I - -stiff at 7.5 ft U 0.6 Dry Density=89 pcf S-3 I 10- 2 5 + _ S-4 2 - 3 • I S-5I2 5 2 ♦ • Q 3 1 15- - S-6 • :.45 Dry Density=86 pcf 1 6 1 _ S7 3 3 I I 20- -dark brown,stiff to very stiff below 20 ft 4 ikv_11 I S-8 6 9 i -+++ 23.5 Driller noted hard drilling —+++ BASALT,light brown mottled orange and black, 23.5 / at 23.5 ft 25 ++ predominantly decomposed,extremely soft to soft 1/ 3232-50/2".+++ (R1 ) S-9 I 32 50/2• • a Driller noted very hard -+++ -moderately weathered to predominately drilling at 25.5 ft +++ decomposed,soft(R2)below 25.5 ft __,+++ —+++ o +++ I 30tii --.-.- 198.8 S-10=50/2" �!A ri! _ (12/18/2014) 30.2 W 1- F- - 0 a 0 2 0I 35- r - (7 Izo - z - cc 0 m - F °—40 0 0.5 1.0 Logged By:C.Landau Drilled by:Western States Soil Conservation,Inc. • TORVANE SHEAR STRENGTH,TSF Date Started:12/18/14 Coordinates:45.42221°N 122.8565°W(Lat-Long) • UNDRAINED SHEAR STRENGTH,TSF Drilling Method: Mud Rotary Hammer Type:Auto Hammer Equipment: CME 55 HT Track-Mounted Drill Rig - Weight:140 lb BORING B-3 I Hole Diameter: 5 in. Drop:30 in. Note:See Legend for Explanation of Symbols Energy Ratio:82% SEP.2015 JOB NO.5666 FIG.3A 1 I I c� ut z w F ♦ BLOWS PER FOOT CLASSIFICATION OF MATERIAL 0 a —1 zz 1— P z • MOISTURE CONTENT, `- g w w o 0 FINES CONTENT,% F— U a sa >F- F a s 14---LIQUIDLIMIT,% COMMENTS AND w o4 w — as a of PLASTIC LIMIT,% ADDITIONAL TESTS o o Surface Elevation:236.0 ft[±] (NGVD 29) u�o z °' p 5o tap SILT,trace to some clay and fine-grained sand,light — brown to brown,stiff,4-to 5-in.thick heavily rooted = zone at the ground surface 2 _11 S1 I 5 ♦ • 6 5- - S-2 i 1 :.8 — Dry Density=87 pcf — —medium stiff below 7 ft I _ 2 6 S-3 2 4 10- —very soft to soft at 10 ft S4 I 1 2 • —medium stiff below 11.5 ft 1 / 111 _ 1 — 3 _7 S5 1 4 • (12/19/2014) 14.0p 3 15— I I 20— I 25 — I ui g 30— a IE a — E 0 I & - z 35— I- 5 — C o — z z — I 0 0 CO - E `9—40 0 0.5 1.0 Logged By:C.Landau Drilled by;Western States Soil Conservation,Inc. • TORVANE SHEAR STRENGTH,TSF Date Started:12/19/14 Coordinates:45.42264°N 122.8568°W(Lat-Long) • UNDRAINED SHEAR STRENGTH,TSF I Drilling Method: Mud Rotary Hammer Type:Auto Hammer Equipment: CME 55 HT Track-Mounted Drill Rig Weight:3014in. CT R D BORING B-4Hole Diameter: 5 in. Drop:30 in. Note:See Legend for Explanation of Symbols Energy Ratio:82% SEP.2015 JOB NO.5666 FIG.4A 1 . I co CLASSIFICATION OF MATERIAL L o a z A BLOWS PER FOOT % • MOISTURE CONTENT, LL o o LL S Z o 0 FINES CONTENT, _ ¢= J EI LLI " LIQUID LIMIT,% COMMENTS AND a w a N o ~—PLASTIC LIMIT,% ADDITIONAL TESTS a o Surface Elevation:255.0 ft[di (NGVD 29) W o z < < m o 50 100 SILT,trace to some clay and fine-grained sand,light — brown to brown,medium stiff,4-to 5-in.thick heavily rooted zone at the ground surface 1 6 — S-1 1 3 _ 3 I 5— —stiff below 5 ft 3 s I S-2 1 4 • 5 S-31 0.65 Dry =89 pcf I ry ' —medium stiff below 9.5 ft 1 5 • • 10— S-4 i 2 244.0 3 (12/19/2014) 11.o 111 15— — I 20— I - I 25— I - I U' 5 30— Ltwm — w I0 0 o 35- 0 5 — 0 o — I. 0 z — 0 0 m — o—40 0 0.5 1.0I Logged By:C.Landau Drilled by:Western States Soil Conservation,Inc. • TORVANE SHEAR STRENGTH,TSF ■ UNDRAINED SHEAR STRENGTH,TSF Date Started:12/19/14 Coordinates:45.42358°N 122.8567°W(Lat-Long) Drilling Method: Mud Rotary Hammer Type:Auto Hammer Equipment: CME 55 HT Track-Mounted Drill Rig Weight:140 lb BORING B-5 D Hole Diameter 5 in. Drop:30 in. R I Note:See Legend for Explanation of Symbols Energy Ratio:82% SEP.2015 JOB NO.5666 FIG.5A I 8 LL z w i- 0 A BLOWS PER FOOT CLASSIFICATION OF MATERIAL o • a z z • MOISTURE CONTENT, LL v — n w w Ov 0 FINES CONTENT,% i_ a >1- ¢ a a �r LIQUID LIMIT,% COMMENTS AND I w J w U) ¢ Q of PLASTIC LIMIT,% ADDITIONAL TESTS a cD Surface Elevation:275.0 ft[±1 (NGVD 29) w a ? CO CO CO 0 50 100 SILT,trace to some clay and fine-grained sand, — brown,stiff,4-to 5-in.thick heavily rooted zone at = the ground surface - 2 11 i S-1 1 5 ♦ • _ 6 5- - - —medium stiff to stiff between 5 and 7 ft • 0.5 Dry Density=93 pcf S-2 — _ S-3 4 1 A 6 I I 10— I I — 5 9 sa(12/19/2014) 1.5I4 -15 I 15— I I 20— I 25- 1 I 8. _ 0 5 30— a _ Iw -1- a - m a I &- - 35— r g — 0 — o oZ 0 m — I ° 40 0 0.5 1.0 Logged By:C.Landau Drilled by:Western States Soil Conservation,Inc. • TORVANE SHEAR STRENGTH,TSF Date Started:12/19/14 Coordinates:45.42487°N 122.8568°W(Lat-Long) • UNDRAINED SHEAR STRENGTH,TSF Drilling Method: Mud Rotary Hammer Type:Auto Hammer I Equipment: CME 55 HT Track-Mounted Drill Rig Weight:140 lb ^ c Hole Diameter: 5 in. Drop:30 in. (VT BORING B-6 Note:See Legend for Explanation of Symbols Energy Ratio:82% 1 SEP.2015 JOB NO.5666 FIG.6A I ♦ BLOWS PER FOOT 0 CLASSIFICATION OF MATERIAL r` g p a z • MOISTURE CONTENT, I I- J ZO u~. g Z o ❑ FINES CONTENT,% LL U COMMENTS AND i = ¢_ a a a v LIQUID LIMIT, w J w Cl) ¢ ¢ 0 ~�PLASTIC LIMIT,% ADDITIONAL TESTS 0 o Surface Elevation:306.0 ft[t] (NGVD 29) w 0 z m o 5o too SILT,trace to some clay and fine-grained sand,light — brown to brown,soft,4-to 5-in.thick heavily rooted zone at the ground surface S-1 I0 3 0 ♦ • 3 — 5— —stiff below 5 ft 0.55 • • •.65 Dry Density=93 pcf — S-2 IP — —medium stiff to stiff below 7 ft a a — I S3 4 A I 4 _ I I 10— T 1 6 I S-0 I 3 294.5 31 — (12/19/2014) 11.5 1 15— I 20- 1111 1 25— _ II w 5.< 30— a w I ia- , o _ _ z0 35— I — Iz —J z 0 m - °—40 0 0.5 1.0I Logged By:C.Landau Drilled by:Western States Soil Conservation,Inc. • TORVANE SHEAR STRENGTH,TSF Date Started:12/19/14 Coordinates:45.42563°N 122.8569°W(Lat-Long) • UNDRAINED SHEAR STRENGTH,TSF Drilling Method: Mud Rotary Hammer Type:Auto Hammer Equipment: CME 55 HT Track-Mounted Drill Rig Weight:140 lb G BORING B-7 Hole Diameter: 5 in. Drop:30 in. 1 g Note:See Legend for Explanation of Symbols Energy Ratio:82% SEP.2015 JOB NO.5666 FIG.7A 111 I oo CLASSIFICATION OF MATERIAL 0 o a 0 • BLOWS PER FOOT LL o � z • MOISTURE CONTENT, LL 0 0 FINES CONTENT,% L.1.1 wCOMMENTS AND a >? op iia c) f r LIQUID LIMIT, , ADDITIONAL TESTS w J w op Q ¢ o PLASTIC LIMIT,% o o Surface Elevation:313.0 ft[±] (NGVD 29) w o — CO CO CO 0 50 100 SILT,trace to some fine-grained sand and clay,light — brown to brown,stiff,4-to 5-in.thick heavily rooted = zone at the ground surface 2 _9 S-1 I 4 • 9 — 5 5- 0.55 • • •'� Dry Density=90 pcf — S-2 1 — —medium stiff below 7 ft • 2 6 I — S3 3 37 10— —soft to medium stiff below 10 ftI 2 41 — S-4 2 • (12/19/2014) 100 55 2 i _ 15— — i 20—_ . I 25— ii0 0 c? W a 30— J a _ Iw r 0 0 1 , 0 35- 5 — c I9 - 0 z 5! 0 m - i o-40 0 0.5 1.0 Logged By:C.Landau Drilled by:Western States Soil Conservation,Inc. • TORVANE SHEAR STRENGTH,TSF Date Started:12/19/14 Coordinates:45.42575°N 122.8562°W(Lat-Long) • UNDRAINED SHEAR STRENGTH,TSF I Drilling Method: Mud Rotary Hammer Type:Auto Hammer Equipment: CME 55 HT Track-Mounted Drill Rig Weight:140 lb � �� BORING B-8 Hole Diameter: 5 in. Drop:30 in. Note:See Legend for Explanation of Symbols Energy Ratio:82% SEP.2015 JOB NO.5666 FIG.8A I Z „, A BLOWS PER FOOT p CLASSIFICATION OF MATERIAL z o o a z • MOISTURE CONTENT,% LL U LL 0 0 FINES CONTENT,% ¢i a a LIQUID LIMIT,% COMMENTS AND a w N Ft F f�PLASTIC LIMIT,% ADDITIONAL TESTS o Surface Elevation:322.0 ft[±] (NGVD 29) w zCl) m 0 50 100 SILT,trace to some clay and fine-grained sand,light brown mottled orange and black,stiff,4-to 5-in. thick heavily rooted zone at the ground surface - I 2 9 — S-1 T 4 4! 11 L 5 1 5 S-2 I 4 —9A 5 —__ 314.5 SILT,trace to some clay and fine-grained sand, 7 5 TI I reddish-brown to brown,medium stiff(Residual Soil) s-3 1 3 L 10— 311.5 • .7— Dry Density=95 pcf —+++ BASALT,reddish-brown to brown,predominantly 10.5 • sa +++ decomposed,extremely soft(RO) _+++ 6 28 +++ S-5 8 II -+++ 20 +++ 15—+++ 7 _20 i +++ S-6 7 _+++ 13 -+++ +++ +++ —very soft to soft(R1 to R2),moderately weathered Driller noted hard drilling —+++ to predominately decomposed below 18.5 ft at 18.5 ft +++ 50/7- 1 20_4++ 301.8 S-7 =5012” (12/19/2014) 20.2 25— — 17. o — I ui 30- 1-• 0— r — Q o 35- 3 - o0 — z z — 0 — 0-40 0 0.5 1.0 F Logged By:C.Landau Drilled by:Westem States Soil Conservation,Inc. • TODAE SHEAR STRENGTH,H,TT ■ UNDRAINED SHEAR STRENGTH,TSF Date Started:12/19/14 Coordinates:45.42589°N 122.8548°W(Lat-Long) Drilling Method: Mud Rotary Hammer Type:Auto Hammer Equipment: CME 55 HT Track-Mounted Drill Rig , Weight:140 lb BORING B'Q J Hole Diameter: 5 in. Drop:30 in. Note:See Legend for Explanation of Symbols Energy Ratio:82% SEP.2015 JOB NO.5666 FIG.9A I I 1p CLASSIFICATION OF MATERIAL LL Z w • BLOWS PER FOOT LL oz z • MOISTURE CONTENT,% LUJ o ❑ FINES CONTENT,% W a- c~n � o ~�PLASTLIQUIDICILIMIT,%IT,% COMMENTS AND o c� Surface Elevation:327.0 ft[±1 (NGVD 29) w o z c m ADDITIONAL TESTS 0 50 100 SILT,trace to some clay,fine-grained sand,and angular gravel,brown,stiff to very stiff,4-to 5-in. thick heavily rooted zone at the ground surface(Fill) 10 _15 S-1 I 9 6 — 5 5 SILT,trace to some clay and fine-grained sand,light 5.0.0 T 2 _a � brown mottled brown,medium stiff to stiff S-2 1 3 • 5 —– • :.65 Dry Density=100 pcf SILT,trace to some clay and fine-grained sand, 8.0 S-3 reddish-brown to brown,stiff(Residual Soil) 319.0 10– 4 _14 S4 7 7 314.5 \ ,+++ BASALT,predominantly decomposed, 12.5 I 5 g ++ reddish-brown to brown to gray,extremely soft(RO) S-5 s +++ –gray,soft(R2),moderately weathered below 15 ft _50/2„ 50/2^- Driller noted hard drilling +++ V A at 14.5 ft _+++ +++ .–+++ +++ +++ +++ �+++. 20 (12/19/2014) 20 37 S-7 s 50i3° 50/3"- 25– m 0 0 3 30– E' 2 - I w r o 0 2 35- -0 o – o z 0 – o: (9-40 0 0.5 1.0 Logged By:C.Landau Drilled by:Western States Soil Conservation,Inc. • TORVANE SHEAR STRENGTH,TSF Date Started:12/19/14 Coordinates:45.42596°N 122.8537°W(Lat-Long) ■ UNDRAINED SHEAR STRENGTH,TSF Drilling Method: Mud Rotary Hammer Type:Auto Hammer Equipment: CME 55 HT Track-Mounted Drill Rig Weight:140 lb � �� BORING B� I1 O Hole Diameter: 5 in. Drop:30 in. Note:See Legend for Explanation of Symbols Energy Ratio:82% SEP.2015 JOB NO.5666 FIG.10A I LL Z ,,, F A BLOWS PER FOOT 0o CLASSIFICATION OF MATERIAL z o o a z A. MOISTURE CONTENT, I.L. o g w LU o ❑ FINES CONTENT,% COMMENTS AND • _ ¢_ ¢ a LIQUID LIMIT, a g _a u) F . o ~�PLASTIC LIMIT,% ADDITIONAL TESTS 0 o Surface Elevation:220.0 ft 1±) (NGVD 29) W o — N co Co 0 50 100 SILT,trace to some clay and fine-grained sand, — brown,soft,scattered fine roots to 5 ft — —brown mottled gray and rust,medium stiff to stiff below 2 ft s-1 I — II 5— 214.5 S-2 El (12/23/2014) 5.5 I 10= I 15— I 20— 1 I 25— . i 0 — III LU 3 30— a 2lil UI 0 z _ 35- 5 — 0 - I 0 z - 0 0 CO - E c9—40 0 0.5 1.0I Logged By:K.Martin I Drilled by:GRI • TORVANE SHEAR STRENGTH,TSF ■ UNDRAINED SHEAR STRENGTH,TSF Date Started:12/23/14 Coordinates:NotAvailable Drilling Method: Hammer Type: Equipment:metr Hand Auger Weight:DropG R 0 BORING HA- Hole Diameter. 3 in. Drop: 1 I Note:See Legend for Explanation of Symbols Energy Ratio: SEP.2015 JOB NO.5666 FIG.11A I I A BLOWS PER FOOT F o CLASSIFICATION OF MATERIAL z o o ° _ • MOISTURE CONTENT,% LL v g�+ g Z 0 ❑ FINES CONTENT,% I— a > ¢ a a '--[—LIQUID LIMIT,% COMMENTS AND w - J w v~i Q Q o PLASTIC LIMIT,% ADDITIONAL TESTS v o Surface Elevation:219.0 ft[±1 (NGVD 29) w o z u) <n m 0 100 SILT,trace to some fine-grained sand and clay, — brown,soft,scattered fine roots to 5 ft Moderate groundwater - —brown mottled gray and rust,medium stiff to stiff seepage at 1.5 ft below 2 ft s-1 1 5— 213.5 S-2 ® 1 (12/23/2014) 5.5 10- - 15— _ i 20— 25— I . - U g 30— e _ I w r o — — 5: 0 I 2 35— I— -0 I9 - 0 — 0 0 m — Fc ii 0—40 0 0.5 1.0 Logged By:K.Martin Drilled by:GRI • TORVANE SHEAR STRENGTH,TSF Date Started:12/23/14 Coordinates:Not Available ■ UNDRAINED SHEAR STRENGTH,TSF I Drilling Method: Hammer Type: Equipment: Hand Auger Weight: ^ T Hole Diameter. 3 in. Drop: IVT I1I\ BORING HA-2 Note:See Legend for Explanation of Symbols Energy Ratio: 111 SEP.2015 JOB NO.5666 FIG.11A . I BLOWS PER FOOT 1 r p CLASSIFICATION OF MATERIAL z o z ° _ • MOISTURE CONTENT,% "- v • 2' n w w ov 0 FINES CONTENT,% _ ¢_ ¢ a a LIQUID LIMIT,% COMMENTS AND ~. R - w a 2 2 o r-r PLASTIC LIMIT,% ADDITIONAL TESTS o c� Surface Elevation:220.0 ft[±] (NGVD 29) w o z � C m0 50 100 SILT,trace to some clay and fine-grained sand, - brown,soft,scattered fine roots to 5 ft - -brown mottled gray and rust,medium stiff to stiff I - below 2 ft s-1 I I 5- 214.5 S-2 ® 411. 1 - (12/23/2014) 5.5 I 10- 1 1 15- 1 • 20- 1 I 25 I coy - I u; 5 30- a m - Iw 1- a 1- a _ E zJ o 35- I o o 0 - 0 z - 0 m - O-40 0 0.5 1.0I Logged By:K.Martin Drilled by:GRI • TORVANE SHEAR STRENGTH,TSF Date Started:12/23/14 Coordinates:Not Available ■ UNDRAINED SHEAR STRENGTH,TSF Drilling Method: Hammer Type: Equipment: Hand Auger Weight: Hole Dimeter: 3 in. Drop: ( Dg BORING HA-3 Note:See Legend for Explanation of Symbols Energy Ratio: SEP.2015 JOB NO.5666 FIG.12A i I 0 5 • 10 Q 15 1 20 25 0.01 0.1 1 10 100 STRESS,TSF Initial a Location Sample Depth,ft Classification 7a,pcf MC,% • B-1 S-4 11.0 SILT,trace clay and fine-grained sand, brown,stiff 94 33 a w O W a G RN L 111 CONSOLIDATION TEST SEP.2015 JOB NO.5666 FIG. 13A I 0 • I I 5 1 10 ' 1Z Q H v 15 20 25I 0.01 0.1 1 10 100 to STRESS,TSF Initial 0 Location Sample Depth,ft Classification 7d,pcf MC, • B-2 S-2 6.0 SILT,trace clay and fine-grained sand, brown, medium stiff 93 31 2 0 0 w a a rt a GRfl9 CONSOLIDATION TEST o SEP.2015 JOB NO.5666 HG. 14A 0 a GROUP UNIFIED SOIL CLASSIFICATION GROUP UNIFIED SOIL CLASSIFICATION SYMBOL FINE-GRAINED SOIL GROUPS SYMBOL FINE-GRAINED SOIL GROUPS ORGANIC SILTS AND ORGANIC SILTY ORGANIC CLAYS OF MEDIUM TO HIGH OL CLAYS OF LOW PLASTICITY OH PLASTICITY,ORGANIC SILTS INORGANIC CLAYEY SILTS TO VERY FINE ML SANDS OF SLIGHT PLASTICITY MH INORGANIC SILTS AND CLAYEY SILT INORGANIC CLAYS OF LOW TO MEDIUM CL PLASTICITY CH INORGANIC CLAYS OF HIGH PLASTICITY 60 I 50 CH I 40 ° X w D _Z 30 CL U Q d 20 MH or OH 1 10 . CL-ML m • ML or OL 0 0 10 20 30, 40 50 60 70 80 90 100 iLIQUID LIMIT, Location Sample Depth,ft Classification LL PL PI MC, • B-1 S-4 11.0 SILT,trace clay and fine-grained sand, brown 28 26 2 33 U) SILT,trace clay and fine-grained sand, light a o m B 1 S 6 15.0 brown 34 27 7 35 0 ui ii - a A B-2 S-2 6.0 SILT,trace clay and fine-grained sand, brown 36 27 9 31 II mw a SILT some clay,trace fine-grained sand,dark o * B-3 S-8 20.0 g51 30 21 37 E brown 0 w a a cew I e GR >- 1.- 0 co PLASTICITY CHART co w co co w a SEP.2015 JOB NO.5666 FIG. 15A I I I CURB JOINT SEE STD DETAIL NO. 146 I5' MIN. SEE NOTE 5 ROW --.I—2% Li p.• `; ROAD '�= • rir=11 6111:L41 f--1. '111E.--((1`=( 1=�1 I I~��• t -i 11 111I� 111=111=1 I li,. -�I 1 1 1 1-17- I. f�- I-111-111- I2" OF 3/4"-0" BASEROCK COMPACTED SUBGRADE I SIDEWALK ADJACENT TO CURB I PLANTER i :-.11 STRIP em. MIN. ROW —2% 6 ROAD »`• :�,- •:;:,=:.;r �; ;;;;:;�:�.„ 'f="'til'-•Iif-111=f1�-•1. 'l.1I-((1=ff(1III3 • . • -111=111=11 I-I 11-I 11= -I I 1=1 I 1-I" El 11='I I-III-I I IF'I I. _�I - 2" OF 3/4"-0" I COMPACTED SUBGRADE BASEROCK I NEE& SIDEWALK AWAY FROM CURB 1. CONCRETE SHALL BE 3000 P.S.I. AFTER 28 DAYS. i2. PANELS TO BE 5 FEET LONG UNLESS OTHERWISE SPECIFIED. 3. EXPANSION JOINTS & CONTRACTION JOINTS SHALL BE 1/2" PREMOLDED ASPHALT I IMPREGNATED MATERIAL OR EQUAL EXTENDING FROM SUBRADE TO FINISH GRADE AND PLACED AT SIDES OF DRIVEWAY APPROACHES, UTILITY VAULTS, WHEELCHAIR RAMPS AND AT SPACING NOT TO EXCEED 45 FEET. I 4. FOR SIDEWALK ADJACENT TO THE CURB AND POURED AT THE SAME TIME AS THE CURB, THE JOINT BETWEEN THEM SHALL BE A TROWELED JOINT WITH A MIN. 1/2" RADIUS. I 5. SIDEWALK SHALL HAVE A MINIMUM THICKNESS OF 6 INCHES IF MOUNTABLE CURB IS USED OR IF SIDEWALK IS INTENDED AS PORTION OF DRIVEWAY. OTHERWISE SIDEWALK SHALL HAVE A MINIMUM THICKNESS OF 4 INCHES. I 6. DRAIN BLOCKOUTS IN CURBS SHALL BE EXTENDED TO BACK OF SIDEWALK WITH 3" DIAMETER SCHEDULE 40 DWV (ABS OR PVC) PIPE AT 2% SLOPE. CONTRACTION JOINT TO BE PLACED OVER PIPE. 1 7. CONCRETE SHALL HAVE A MEDIUM BROOM FINISH AND TROWELED ON ALL FOUR SIDES CITY OF TIGARD APPROVED BY: NO SCALE I MPOREGON MICHAEL A. STONE. P.E. q ENIC WOGINEERING EPARDIVISIOTMENT 13125 S.W.HALL BLVD.N CITY ENGINEER _ CONCRETE DWG. NO. .., UBLRKS D TIGARD,OREGON 97223 JANUARY 2013 SIDEWALK 12 O I TIGARD VOICE:(503)639-4171 FAX: (503)684-7297 APPROVAL DATE I I EXISTING DRIVEWAY - MATCH WIDTH & GRADE A R/W LINE 6° SEE NOTE 3 SEE NOTE 4 5' MIN 2% SIDEWALK 1I i 7- LANDSCAPE - NOTE 3 LANDSCAPE STRIP SEE NOTE 2SEE STRIP I A 30' MAX 6' --ili 10' MIN I /" R/W ELaii 8"3/4" PROJECTED TOP 7:4:\° IOF CURB2�%_ MAX ISTREETI _�, —I II o�o� o • Ill,. IIS. q y 0 oO o o°o . . . : = 1=III , I I' I o 0 0 °o o°oaOep a III;I I- ao°o° o°o o _ o8�eo;°° °aoavoe°: °°SII SEE NOTE NO. 4 000 0 0 0 =„III„�Illiilll��llTlllll�llll���lll��ll 2" OF AGGREGATE SECTION A—A (3/4"-0") COMPACTED I I NOTES: Ii. CONCRETE COMPRESSIVE STRENGTH SHALL BE A MINUMUM OF 3000 PSI AFTER 28 DAYS. 2. CURB JOINT SHALL BE TROWELED WITH A MIN 1/2" RADIUS ALONG BACK OF CURB. 1 3. EXPANSION & CONTRACTION JOINTS SHALL BE 1/2" PREMOLDED ASPHALT IMPREGNATED MATERIAL OR EQUAL EXTENDING FROM SUBGRADE TO FINISH GRADE. I 4. DEFORMED #3 REBAR AT 12" EACH WAY. PLACE 3" CLEAR OF AGGREGATE. TIE ALL BARS. (FOR COMMERCIAL DIRVEWAYS ONLY) CITY OF TIGARD ��' NO SCALE OREGON MICHAEL A. STONE. P.E. COMMERCIAL ENGINEERING DIVISION OTT ENGINEER II, PUBLIC WORKS DEPARTMENT1312DWG. NO. S.W.HALL BLVD. 143 TIGARD, APPRO OREGON 97223 JANUARY 2013 DRIVEWAY I TIGA>RD VOICE:(503)639-4171 FAX (503)684 7297 APPROVAL DALE P ,,,e(----------- s LINE TABLE SW SGNOR 3110) LINE BEARING LENGTH L2 Cl POB—.- [t0A0 L7 N00'21'39"E 29.27' C2 L2 N89'02'47"E 1.17' L1--"--*/ L3 S00'08'45"W 1185.57' 1 I.-1 LI 11 T _LI 1__J_ L L4 S89'51'15"E 75.00' POINT COMMENCEMENT TI I 1-1- L5 S00'08'45"W 6.00' I (CENTER OF SECTION 6) I I UOCUM�NT INO.I I I I I L6 N89'51'15"W 76.00' r- 2004-016076 ( I L7 N00'08'45"E 1184.18' DOCUMENT NO. I� -I- --12002-077084I T I- - I T �- -- Ihi i +I71I.LTII ` FUTURYPLAT � - OF 1 f "RIVER TERRACE 1_I I I-� NORTHWEST" 1\ ThrIiiin i1 ----J IF Fli — --�-- -1 f ~I �� F- - N <.\\ — I r ` CURVE TABLE I', a 813 IFL4T 1 1-... CURVE RADIUS LENGTH DELTA CHORD BEARING C4- L6 -' Cl 1481.39' 39.84' 1'32'27" 39.84' N88'16'33"E —I I / C2 1481.39' 8.01' 018'35" 8.01' N87'21'02"E / C3 7.00' 11.00' 90'00'00" 9.90' 544'51'15"E ( C4 14.00' 21.99' 90'00'00" 19.80' N44'51'15"W I o oo I EXHIBIT D-1 0 PGE EASEMENT 3 DRAWN BY: CLL DATE: 9/28/15 I 15 REVIEWED BY: ICJ DATE: 9/28/15 12564 SW Main St PROJECT NO.: 395-037 Pacific Tigard, OR 97223 Q SCALE: 1"=200' Community [T ] 503-941-9484 Z PAGE 3 OF 3 Design [F] 503-941-9485