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Report (103) scj OFFICE COPY • 7 -"NNT+, C c Cleln\V-iter Services 2 ,4 Durham AWWTF Phase 5 Secondary Treatment System Expansion Project Contract Documents - Specifications Volume 1 of 3 - Division 00 and 01 • BID SET March 16, 2018 Prepared By Elf BLACK & VEATCH (., CWS Project No. 6757 B&V Project No. 195757 • This Page Intentionally Blank • • The following Technical Specifications have been prepared by or under the direct supervision of David Clements, P.E., Black & Veatch Corporation. 0 Division 00—Bidding and Contractual 00080 Advertisement to Bid 00620 Payment Bond 00100 Instructions to Bidders 00700 Standard General Conditions of the Construction Contract 00300 Bid Forms 00800 Supplementary Conditions 00500 Agreement 00810 Oregon Prevailing Wage Rates 00610 Performance Bond Division 01 —General Requirements 01012 Partnering 01530 Protection of Existing Facilities 01110 Summary of Work 01532 Site Condition Surveys 01140 Work Restrictions 01555 Site Access and Storage 01292 Schedule of Values 01560 Temporary Environmental Controls 01320 Web Based Construction Management 01570 Erosion and Sediment Control Plan 01324 Construction Schedule 01600 Product Requirements 01329 Safety Plan 01610 General Equipment Stipulations 01330 Submittal Procedures 01630 Pipeline Schedule 01350 Special Procedures 01640 Manufacturers' Services 01352 Alteration Project Procedures 01655 Gravity Pipeline Testing 01410 Regulatory Requirements 01656 Pressure Pipe Testing and Disinfection 01424 Abbreviations 01732 Cutting and Patching 01450 Quality Control 01738 Selective Demolition 01455 Special Inspections, Observations and 01756 Testing, Training and Facility Startup Testing 01500 Temporary Facilities and Controls 01770 Closeout Procedures 01505 Mobilization 01782 Operation and Maintenance Data 111 ���e0 PROA- • � So GINFF ti 2 zt 93170. • itally sign OREGON .v/D CLEt EXPIRES: DEC 31, 2019 I . Clean Water Services Durham AWWTF Secondary BLACK&VEATCH Treatment System Expansion Project • This Page Intentionally Blank • • • The following Technical Specifications have been prepared by or under the direct supervision of Mark A. Lowe, P.E., Black & Veatch Corporation. Division 01 — General Requirements 01611 Meteorological and Seismic Design Criteria r �vEQ PROF% � INF� S>O2,z9461• , Di ' ally sig 'Li' 16. 1�0�" 1 4LBER`�L EXPIRES: DEC 31.2018 III III Clean Water Services Durham AWWTF Secondary BLACK&VEATCH Treatment System Expansion Project • This Page Intentionally Blank • • Clean Water Services Durham AWWTF Phase 5 Secondary Treatment System Expansion Project BID SET March 2018 TABLE OF CONTENTS VOLUME 1 OF 3 — DIVISION 00 AND 01 Subject Pages BIDDING AND CONTRACTUAL REQUIREMENTS 00080 Advertisement to Bid 1 : 3 00100 Instructions to Bidders 1 : 16 00300 Bid Forms 1 : 18 00500 Agreement 1 : 12 00610 Performance Bond Form 1 : 4 00620 Payment Bond Form 1 : 4 00700 Standard General Conditions of the 1 : 57 Construction Contract • 00800 Supplementary Conditions 1 : 26 00810 Oregon Prevailing Wage Rates 1 : 1 SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01012 Partnering 1 : 2 01110 Summary of Work 1 : 6 01140 Work Restrictions 1 : 8 01292 Schedule of Values 1 : 4 01320 Web Based Construction Management 1 : 5 01324 Construction Schedule 1 : 9 01329 Safety Plan 1 : 2 01329-Sup Supplement 1 Oregon OSHA 1 : 18 Confined Spaces and Permit Spaces 01329-Sup Supplement 2 Facilities 1 4 Management- Hot Work Yellow Permit 01330 Submittal Procedures 1 : 9 • Clean Water Services TOC Table of Contents Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project TABLE OF CONTENTS (Continued) • Number Title Page Count 01350 Special Procedures 1 : 2 01352 Alteration Project Procedures 1 : 4 01410 Permits and Regulatory Requirements 1 : 2 01424 Abbreviations 1 : 9 01450 Quality Control 1 : 2 01455 Special Inspections, Observations and 1 : 5 Testing 01455-Sup Contractor's Statement of 1 : 2 Responsibility 01500 Temporary Facilities and Controls 1 : 7 01505 Mobilization 1 : 1 01530 Protection of Existing Facilities 1 : 4 01532 Site Condition Surveys 1 : 1 01555 Site Access and Storage 1 : 3 01560 Temporary Environmental Controls 1 : 2 • 01570 Erosion and Sediment Control 1 : 2 01600 Product Requirements 1 : 4 01610 General Equipment Stipulations 1 : 5 01611 Meteorological and Seismic Design Criteria 1 : 7 01611-S01 Non-Structural Components 1 : 1 Schedule 01630 Pipeline Schedule 1 : 2 01630-S01 Pipeline Schedule 1 : 2 01640 Manufacturers' Services 1 : 5 01640-Sup Outline Of Training Session 1 : 2 01655 Gravity Pipeline Testing 1 : 6 01656 Pressure Pipe Testing and Disinfection 1 : 3 01732 Cutting and Patching 1 : 3 01738 Selective Demolition 1 : 4 Clean Water Services TOC Table of Contents • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project TABLE OF CONTENTS (Continued) Number Title Page Count 01756 Testing, Training and Facility Startup 1 : 12 01756-Sup01 Startup and Performance Evaluation 1 : 1 Form 01756-Sup02 Equipment Supplier's Certificate of 1 : 1 Proper Installation 01756-Sup03 CWS Electrical, Instrumentation and 1 : 2 Control Startup Standard Procedures 01756-Sup04 Example CWS Electrical & 1 : 1 Instrumentation Submittal and Startup Schedule 01756-Sup05 Example Facility Startup Plan Table 1 : 5 of Contents 01770 Closeout Procedures 1 : 4 01782 Operation and Maintenance Data 1 : 4 01782-Sup Equipment Data Sheet 1 : 2 VOLUME 2 OF 3 — DIVISION 02 THROUGH 15 DIVISION 02 — SITEWORK 02200 Excavation and Fill for Structures 1 : 18 02202 Trenching and Backfilling 1 : 15 02202-Att 1 Protective System Design Certificate 1 : 1 02202-Fig 1 Embedments for Conduits 1 : 1 02260 Soldier Pile Lagging and Excavation Support 1 : 12 02370 Soil Stabilization 1 : 7 02512 Asphaltic Concrete Pavement 1 : 5 02522 Concrete Sidewalk, Curb and Gutter 1 : 5 02546 Aggregate Base To be added by Addenda 02605 Sanitary Utility Sewerage Manholes, 1 : 5 Frames and Covers 02606 Manholes and Vault Covers and Accessories 1 : 2 02628 Polyvinyl Chloride (PVC) Sewer Pipe 1 : 2 02629 Fused Joint PVC Pressure Pipe 1 : 7 02702 Sewer Pipe Installation and Testing 1 : 5 • Clean Water Services TOC Table of Contents Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project TABLE OF CONTENTS (Continued) S Number Title Page Count DIVISION 03 — CONCRETE 03100 Concrete Formwork 1 : 4 03200 Concrete Reinforcement 1 : 3 03250 Concrete Joints and Accessories 1 : 5 03300 Cast-in-Place Concrete 1 : 21 03313 Concrete Placing 1 : 5 03350 Concrete Finishing 1 : 7 03370 Concrete Crack Repair 1 : 5 03390 Concrete Curing 1 : 3 03600 Grouting 1 : 2 DIVISION 04— MASONRY 04200 Masonry 1 : 17 04210 Cast Stone 1 : 7 DIVISION 05 — METALS 05312 Steel Decking 1 : 4 05520 Metal Fabrications 1 : 14 05521 Metal Railings 1 : 5 05530 Metal Gratings 1 : 5 05550 Anchorage in Concrete and Masonry 1 : 6 05990 Structural Metals 1 : 10 DIVISION 07 —THERMAL AND MOISTURE PROTECTION 07160 Dampproofing 1 : 3 07185 Masonry Water Repellent Coating 1 : 2 07272 Fluid-Applied Membrane Air Barrier 1 : 8 07412 Insulated Metal Wall Panels 1 10 07415 Standing Seam Metal Roofing 1 : 4 07600 Sheet Metal 1 : 6 07840 Firestopping 1 : 5 07900 Joint Sealants 1 : 4 Clean Water Services TOC Table of Contents • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • TABLE OF CONTENTS (Continued) Number Title Page Count DIVISION 08 - DOORS AND WINDOWS 08110 Steel Doors and Frames 1 : 4 08305 Floor Access Doors and Hatches 1 : 4 08305-S01 Floor Access Doors and Hatches 1 : 1 Schedule 08331 Overhead Coiling Aluminum Doors 1 : 6 08700 Finish Hardware 1 : 5 08800 Glass and Glazing 1 : 3 DIVISION 09 — FINISHES 09940 Protective Coatings 1 : 19 09940-Fig 1 and 2 Coating System Data Sheets 1 : 2 DIVISION 10 — SPECIALTIES 10200 Louvers 1 : 3 10400 Identifying Devices 1 : 4 • 10400-S01 Sign Schedule 1 : 2 10700 Fiberglass Sampling Shelter 1 : 6 10990 Miscellaneous Specialties 1 : 2 DIVISION 11 — EQUIPMENT 11060 Equipment Installation 1 : 3 11115 Horizontal End Suction Centrifugal Pumps 1 : 9 11121 Helical Screw Centrifugal Pumps 1 : 8 11150 Submersible Chopper Pumps 1 : 12 11154 Horizontal Submersible Propeller Pumps 1 : 11 11160 Progressing Cavity Pumps 1 : 10 11185 Submersible Sump and Sewage Pumps 1 : 10 11350 Bio-Filter System (Odor Control) 1 : 16 11356 Odor Control Fans 1 : 11 11410 Circular Clarifier Equipment 1 : 17 11520 Vertical Mixers 1 : 10 11520-Fig 1 Sample Locations for Suspended 1 : 1 Solids Tests 11570 Fine Pore Diffused Aeration Equipment 1 : 18 • Clean Water Services TOC Table of Contents Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project TABLE OF CONTENTS (Continued) • Number Title Page Count DIVISION 14— CONVEYING SYSTEMS 14622 Monorail Electric Wire Rope Hoists 1 : 9 DIVISION 15 — MECHANICAL 15010 Valve Installation 1 : 4 15020 Miscellaneous Piping and Pipe Accessories 1 : 14 15050 Basic Mechanical Building Systems 1 : 8 Materials and Methods 15061 Ductile Iron Pipe 1 : 23 15064 Stainless Steel Pipe and Alloy Pipe, Tubing, 1 : 8 and Accessories 15065 Miscellaneous Steel Pipe, Tubing, and 1 : 7 Accessories 15067 Miscellaneous Plastic Pipe, Tubing, and 1 : 7 Accessories 15069 Cast Iron Soil Pipe and Accessories 1 : 2 • 15070 Copper Tubing and Accessories 1 : 3 15091 Miscellaneous Ball Valves 1 : 5 15092 Industrial Butterfly Valves 1 : 6 15092-S01 and Industrial Butterfly Valves Schedule 1 : 4 SO2 Manual Actuators and Eccentric Plug Valves Schedule, Vane Type Pneumatic Actuators 15093 Check Valves 1 : 6 15093-S01 Check Valves Schedule 1 : 1 15094 Backflow Preventers 1 : 2 15094-S01 Backflow Preventer Schedule 1 : 1 15095 Solenoid Valves 1 : 3 15096 Globe Valves 1 : 4 15096-S01 Industrial Butterfly Valves Schedule 1 : 1 Manual Actuators 15097 Pinch and Diaphragm Valves 1 : 2 15099 Pressure Reducing Valves 1 : 3 15099-S01 Pressure Reducing Valves Schedule 1 : 2 111 Clean Water Services TOC Table of Contents Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project • TABLE OF CONTENTS (Continued) Number Title Page Count 15100 Miscellaneous Valves 1 : 5 15101 Odor Control Dampers 1 : 5 15101-S01 Odor Control Dampers Schedule 1 : 1 15102 Eccentric Plug Valves 1 : 5 15102-S01 Eccentric Plug Valves Schedule - 1 : 3 Manual Actuators 15104 Resilient Seated Gate Valves 1 : 4 15104-S01 Resilient Seated Gate Valves 1 : 1 Schedule 15109 Knife Gate Valves 1 : 4 15111 Gate Installation 1 : 4 15112 Cast Iron Slide Gates 1 : 6 15112-S01 Cast-Iron Slide Gates Schedule, 1 : 1 Manual Actuators 411 15112-S02 Cast-Iron Slide Gates Schedule, 1 : 1 Electric Actuators 15114 Fabricated Stainless Steel Slide Gates 1 : 5 15114-S01 Open Channel Slide Gates 1 : 1 Schedule - Electric Actuators 15140 Pipe Supports 1 : 12 15140-Fig 1 A & B Hangers and Supports 1 : 2 15180 Valve and Gate Actuators 1 : 12 15250 Mechanical Insulation 1 : 8 15400 Plumbing 1 : 13 15499 Seal Water Stations 1 : 4 15500 Heating, Ventilating, and Air Conditioning 1 : 22 15650 Refrigeration Systems 1 : 11 15990 Testing, Adjusting, and Balancing 1 : 7 SClean Water Services TOC Table of Contents Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project TABLE OF CONTENTS (Continued) • Number Title Page Count VOLUME 3 OF 3— DIVISION 16 AND 17 DIVISION 16 — ELECTRICAL 16050 Common Work Results for Electrical 1 : 25 16052 Hazardous Classified Area Construction 1 : 5 16060 Grounding and Bonding 1 : 7 16070 Hangers and Supports 1 : 6 16075 Electrical Identification 1 : 10 16075-S01 Equipment Nameplate Schedule 1 : 4 16123 600 Volt or Less Wires and Cables 1 : 19 16130 Conduits 1 : 22 16131 Cable Trays 1 : 11 16133 Duct Banks 1 : 7 16134 Boxes 1 : 10 16140 Wiring Devices 1 : 8 • 16150 Low Voltage Wire Connections 1 : 6 16222 Low Voltage Motors up to 500 Horsepower 1 : 10 16222-Att Motor Data Sheet 1 : 1 16262 Variable Frequency Drives 0.5-50 1 : 18 Horsepower 16282 Active Harmonic Filtering Equipment 1 : 7 16305 Electrical System Studies 1 : 13 16411 Disconnect Switches 1 : 9 16412 Low Voltage Molded Case Circuit Breakers 1 : 4 16422 Motor Starters 1 : 8 16442 Panelboards 1 : 7 16444 Low Voltage Motor Control Centers 1 : 14 16460 Low Voltage Transformers 1 : 4 16510 Lighting: LED Luminaires 1 : 11 16950 Field Electrical Acceptance Tests 1 : 13 Clean Water Services TOC Table of Contents Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project 1 • TABLE OF CONTENTS (Continued) Number Title Page Count DIVISION 17 — INSTRUMENTATION 17050 Basic Measurement and Control 1 : 31 Instrumentation Materials and Methods 17050_Sup1 CWS Instrumentation Calibration 1 : 1 Sheet - Sample 17050_Sup2 Operational Readiness Testing 1 : 1 (ORT— Part 1) - Example 17050_Sup3 Operational Readiness Testing 1 : 1 (ORT — Part 2) - Example 17050_Sup4 Performance Acceptance Test 1 : 2 Sheet - Example 17101-01 Control Loop Description: Aeration Basin 1 : 6 5 Mixed Liquor Return Pumps 17101-02 Control Loop Description: Aeration Basin 1 : 6 5 WAS Pumps 17101-03 Control Loop Description: Aeration Basin 1 : 5 III 5 RAS Pumps 17101-04 Control Loop Description: Aeration Basin 1 : 9 5 Mixer and Aeration Control 17101-05 Control Loop Description: Nitrogen 1 : 4 Reduction Diversion Pumps 17101-06 Control Loop Description: Secondary 1 : 6 Clarifier 5 17101-07 Control Loop Description: Secondary 1 : 5 Effluent Collection Structure 17101-08 Control Loop Description: ABS Side 1 4 Stream RAS Pumps 17101-09 Control Loop Description: AB5 Drainage 1 : 3 Pumps 17101-10 Control Loop Description: Gallery Air 1 : 4 Supply 17101-11 Control Loop Description: AB5 Biofilter 1 : 5 Odor Controls 17101-12 Control Loop Description: AB5 PEPS 1 : 8 17101-13 Control Loop Description: AB5 Tunnel 1 : 3 Sumps IIII Clean Water Services TOC Table of Contents to is Durham AWWTF Secondary -9- March 2018 Treatment System Expansion Project TABLE OF CONTENTS (Continued) • Number Title Page Count 17101-14 Control Loop Description: Electrical 1 : 2 Room Hvac 17201 Level Measurement - Switches and Floats 1 : 4 17203 Level Measurement - Submersible 1 : 4 17204 Level Measurement - Laser 1 : 4 17302 Flow Measurement - Magnetic Flow Meters 1 : 7 17305 Flow Measurement - Thermal Mass 1 : 7 17316 Rotameters (Variable Area Flow Meters) 1 : 4 Pressure/Vacuum Measurement: 1 : 6 17401 Diaphragm and Annular Seals Pressure/Vacuum Measurement - 1 : 6 17402 Instrument Valves 17403 Pressure/Vacuum Measurement-Switches 1 : 5 17404 Pressure/Vacuum Measurement-Gauges 1 : 5 17505 Ammonium Analyzers 1 : 7 • 17506 Dissolved Oxygen Analyzer 1 : 6 17507 Total Suspended Solids Analyzers 1 : 7 17508 On-line Process Nutrient Analyzer System 1 : 6 17509 Nutrient Analyzers 1 : 7 17710 Control Systems - Panels, Enclosures and 1 : 27 Panel Components 17901 Instrument List 1 : 2 17901-1 Supplement: Instrument Schedule 1 : 1 17903 Input/Output List 1 : 2 17903-1 Supplement: Input/Output Schedule 1 : 4 Clean Water Services TOC Table of Contents • Durham AWWTF Secondary -10- March 2018 Treatment System Expansion Project • ADVERTISEMENT FOR BIDS Sealed Bids for construction of the Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 (Project), should be addressed to Michelle Mann, Administrative Assistant, at the office of Clean Water Services (Owner), located at Durham Advanced Wastewater Treatment Facility, 16060 S.W. 85th Avenue, Tigard, Oregon 97224 (Owner's Office), until 2:00 p.m., local time, on April 12,2018 Any Bids received after the specified time 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. Bids will then be publicly opened and read at 4:00 p.m. local time on April 12, 2018 at Owner's Office. Contractor shall complete the Work as specified or indicated in Owner's Contract Documents entitled Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757. The Work is generally described as follows: The Work under this Contract will consist of, but is not limited to furnishing all labor, materials and equipment necessary to: 1. Install a new aeration basin, Aeration Basin 5,to provide enhanced biological • phosphorus removal (EBPR) and ammonia removal. 2. Install new influent piping from the existing Primary Effluent Pump Station to new Aeration Basin 5. 3. Install a new secondary clarifier(SC), Secondary Clarifier 5, dedicated to Aeration Basin 5. 4. Extend the existing below grade operations tunnel adjacent to existing treatment trains 3 and 4 to new Aeration Basin 5. 5. Install a new Return Activated Sludge and Waste Activated Sludge Pumping Station serving new Secondary Treatment Train 5 within the tunnel extension, with space for future equipment to serve a future secondary treatment train(Train 6). 6. Install a secondary effluent conveyance channel to convey effluent from existing SCs 3 and 4, and new SC 5 to a new Secondary Effluent Collection Structure (SECS). 7. Install a new Secondary Effluent Collection Structure to allow diversion of excess secondary effluent to existing surge basins, including piping connections to the existing Secondary Effluent Diversion Structure (SEDS), modifications to the existing SEDS and existing surge basins. • Clean Water Services 00080 Advertisement to Bid Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 8. Install temporary pumping as necessary to maintain tertiary treatment of • secondary effluent during modifications to the existing SEDS and connection of the new SECS to the existing SEDS. 9. Install modifications to the existing surge basins to allow use by secondary effluent. 10. Install new building to house electrical distribution and instrumentation and controls equipment associated with Secondary Treatment Train 5 with room for future expansion. 11. Extend existing aeration blower air piping and existing utilities to Aeration Basin 5, SC5 and associated pumping stations. 12. Install a new bio-filter based odor control system including new blowers and odor control ducting. 13. Install yard piping, asphalt roadway, curbing, storm drain collection structures and other surface and underground improvements. 14. Install a new motor control center, electrical panelboards,transformers, instrumentation and control panels, associated conduits, conductors, and other appurtenances necessary to complete the Work and to provide a complete and functional system constructed in accordance with the Contract Documents. • The Site of the Work is the Durham Facility, located at 16580 S.W. 85th Avenue, Tigard, Oregon 97224 (Site). The Work is a public works project subject to ORS 279C.800 to 279C.870. The estimated construction cost of the Work is $27,000,000. The Bidding Documents are entitled"Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757" (Solicitation Title). Bidders may download an electronic copy of the Bidding Documents by completing the section to request the document package on Owner's website at http:1/bids.cleanovaterservices.or ;(Website)under the Solicitation Title. A prospective Bidder's information will be accumulated for a Bid Holder's List,which is available on the Website, and Bidder's email will be used to send automatic notifications when Owner posts a new document or changes information related to this solicitation. Prospective Bidders are responsible for obtaining any Addenda from either Owner's Website under the Solicitation Title or by using any links provided in automatic emails that may come from the Owner.. Prospective Bidders may subscribe to Owner's Open Solicitations RSS feed at the same Website address and will be notified when an Addendum to or clarifications of the Bidding Documents have been posted. If problems are experienced downloading the Bidding Documents, please contact Michelle Mann at 503-547-8035. • Clean Water Services 00080 Advertisement to Bid Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project . Bidding Documents may also be examined at Engineer's office, Black& Veatch,Inc. located at 5885 Meadows Road, Suite 700, Lake Oswego, OR 97035. Each Bid must be submitted on the prescribed Bid Form and accompanied by Bid security as prescribed in the Instructions to Bidders. The Successful Bidder will be required to furnish the additional bond(s) and insurance prescribed in the Bidding Documents. Prior to submission of its Bid, Bidder shall be registered with the Oregon Construction Contractors Board. Bidders shall be qualified in accordance with the applicable parts of ORS 279C in order to submit a Bid for public work in Oregon. To view and obtain Bidding Documents, Bid Results and the Bid Holder's list, fulfill other administrative issues, contact the Owner: Clean Water Services Ms. Michelle Mann 16060 S.W. 85th Avenue Tigard, OR 97224 Telephone: 503/547-8035 Fax: 503/547-8035 • mannm@cleanwaterservices.org To address technical issues, contact the Engineer: Black&Veatch Corporation Sean Goris 5885 Meadows Rd. Suite 700 Lake Oswego, OR 97035 Telephone: 503/443-4418 GorisSD@bv.com Prospective Bidders are encouraged to attend a prebid conference and Site visit that will begin at 2:00 p.m. local time on March 22, 2018 and last for approximately 2 hours. The conference will be held at the Owner's Office, and will be followed by the Site visit. Owner's right is reserved to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents. Dated this March 16, 2018 By Clean Water Services END OF SECTION Clean Water Services 00080 Advertisement to Bid Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS 1.1. Terms used in these Instructions to Bidders and the Advertisement to Bid which are defined in the General Conditions have the meanings indicated in the General Conditions and Supplementary Conditions. Certain additional terms used in the Bidding Documents have the meanings indicated below which are applicable to both the singular and plural thereof: 1.1.1. Owner's Office—The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.1.2. Bidder—One who submits a Bid directly to Owner, as distinct from a subbidder, who submits a price or quote to a Bidder. 1.1.3. 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 shall be used in preparing Bids. Neither Owner nor Engineer assumes responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents. 2.2. Prospective Bidders may download an electronic copy of the Bidding Documents by completing the section to request the document package on Owner's website at http://bids.cleanwaterservices.org(Website)under the solicitation titled Durham AWWTF Phase 5 Secondary Treatment Systems Expansion Project No. 6757. Prospective Bidder's information will be accumulated for a Bid Holders List,which is available on the Website, and the Prospective Bidder's email will be used to send automatic notifications when Owner posts a new document or changes information related to this solicitation. Prospective Bidders are responsible for obtaining any Addenda from either Owner's Website or by using any links provided in automatic emails that may come from the Owner. Prospective Bidders may subscribe to Owner's Open Solicitations RSS feed at the same Website address and will be notified when an Addendum to or clarifications of the Bidding Documents have been posted. If problems are experienced downloading the Bidding Documents,please contact Michelle Mann at the Owner's Office at 503-547-8035. Full-size Drawings may be obtained from Owner at cost of reproduction and handling,plus postage for mailing(if mailing is requested) and half-size drawings and specs are $250 per set. Drawings will only be made available to firms on the Bid Holders List having complete sets of Bidding Documents. • Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 2.3. Owner and Engineer, in making copies of Bidding Documents available on the • above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS 3.1. To demonstrate qualifications to perform the Work, the apparent Successful Bidder and other Bidders as determined by Owner,must be prepared to submit within seven calendar days after Owner's written request, evidence such as financial data, previous experience, present commitments, and other such data as may be called for in the Bidding Documents. 3.2. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to Contract award. 3.3. Nothing indicated herein will prejudice Owner's right to seek additional pertinent information as is provided in Article 23 —Evaluation of Bids and Award of Contract. 3.4. Bidders and every Subcontractor performing Work on the Project must have filed with the Construction Contractors Board a public works bond in the amount of$30,000 with a corporate surety authorized to do business in the State of Oregon before starting Work on the Project unless exempt under ORS 279C.836(4), (7), (8), or(9). 3.5. In order to perform public work, Bidder and its Subcontractors,prior to award of • Contract or as otherwise required by the jurisdiction, shall hold or obtain such licenses as required by State Statutes, and federal and local Laws and Regulations. 3.6. Bidder is advised to carefully review those portions of the Bid Form requiring representations and certifications. 3.7. Bidder shall not be listed on the Bureau of Labor and Industries list of persons having violated prevailing wage rate laws as required in ORS 701.227. 3.8. Bidder shall not be in violation of any tax laws as required in ORS 305.385. 3.9. Bidder shall have a drug-testing program as required in ORS 279C.505. 3.10. Bidders for public work in Oregon shall be qualified in conformance with ORS Chapter 279C, in the manner designated in the Advertisement for Bids. 4. REGISTRATION REQUIREMENTS 4.1. A person,partnership, corporation, or joint venture shall have a current,valid license issued by the Oregon Construction Contractors Board, as required by ORS chapter 701 with respect to licensing,prior to submitting a Bid to do Work as a Contractor or Subcontractor. Clean Water Services 00100 Instructions to Bidders 11111 Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project 4110 5. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 5.1. It is the responsibility of each Bidder before submitting a Bid: 5.1.1. To examine thoroughly the Bidding Documents and other related data identified in the Bidding Documents; 5.1.2. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work; 5.1.3. Become familiar with and satisfy Bidder as to federal, state, and local Laws and Regulations that may affect cost,progress, or performance of the Work; 5.1.4. To study and carefully correlate the Bidder's observations with the Bidding Documents; 5.1.5. Carefully study all: 5.1.5.1. Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions • relating to existing surface or subsurface structures at the Site (except Underground Facilities)that have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable Technical Data. 5.1.5.2. Reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable Technical Data. 5.1.6. Consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on: 5.1.6.1. Cost, progress, and performance of the Work. 5.1.6.2. Means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents. • Clean Water Services e ices 00100 Instructions to Bidders Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 5.1.6.3. Bidder's safety precautions and programs. • 5.1.7. Agree at the time of submitting its Bid that no further examinations, investigations, explorations,tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s)Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. 5.1.8. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 5.1.9. To promptly notify the Engineer of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in or between the Bidding Documents and such other related data and confirm that written resolution thereof by Engineer is acceptable to Bidder. 5.1.10. Determine Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work. 5.2. Subsurface and Physical Conditions: 5.2.1. The Supplementary Conditions identify: • 5.2.1.1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 5.2.1.2. Those drawings known to Owner of physical conditions relating to existing surface and subsurface structures at the Site (except Underground Facilities). 5.2.2. Copies of reports and drawings utilized by the Engineer in the preparation of the Bidding Documents referenced will be made available by Owner to any Bidder on request at cost of reproduction and handling, plus postage for mailing (if mailing is requested), if the reports and drawings are not bound herein. Those reports and drawings are not part of the Bidding Documents,but the Technical Data contained therein upon which Bidder is entitled to rely as provided in Paragraph 5.03 of the General Conditions has been identified and established in Paragraph 5.03 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings as provided in Paragraph 5.03 of the Supplementary Conditions, are incorporated herein by reference. • Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • 5.3. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner 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. 5.4. Hazardous Environmental Condition: 5.4.1. The Supplementary Conditions identify reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. 5.4.2. Copies of reports and drawings referenced will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon which Bidder is entitled to rely as provided in Paragraph 5.06 of the General Conditions has been identified and established in Paragraph 5.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Costs associated with making available copies of reports and drawings shall be borne by Bidder. • 5.5. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraph 5.03 through Paragraph 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents as a result of any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated on Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 5.6. 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. 5.7. 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, 1110 and studies as Bidder deems necessary for submission of a Bid. Location of any Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project 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 clean up and restore the Site to its former condition upon completion of such explorations, investigations,tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 5.8. Related Work at Site: Reference is made to the General Requirements for identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors)that relates to the Work contemplated by these Bidding Documents. On request Owner will provide to each Bidder for examination, access to or copies of contract documents (other than portions thereof related to price) for such other work. 5.9. Safety: Paragraph 7.12 of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions. 5.10. Submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this article; 5.10.1. that without exception the Bid is premised upon performing and furnishing the Work required by Bidding Documents and applying specific means, methods,techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by Bidding Documents; • 5.10.2. that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder; and 5.10.3. that Bidding Documents are generally sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 6. PREBID CONFERENCE 6.1. Prospective Bidders are encouraged to attend a prebid conference and Site visit that will begin at 2:00 pm local time on March 22, 2018 and last for approximately two hours. The conference will be held at the Owner's Office, and will be followed by the Site visit. Engineer will prepare and post Addenda that Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. SITE AND OTHER AREAS 7.1. 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 • Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project 11111 Work are identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner,unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. 8. ENVIRONMENTAL AND NATURAL RESOURCES LAWS AND REGULATIONS 8.1. Bidder's attention is directed to the Standard General Conditions and Supplementary Conditions for ordinances and regulations dealing with the prevention of pollution and preservation of natural resources which may affect the performance of the Work. Bidder shall take such ordinances and regulations into consideration in preparing and submitting its Bid. 9. INTERPRETATIONS AND ADDENDA 9.1. All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer via email. Additions, deletions, or revisions to the Bidding Documents considered necessary by Engineer in response to such questions will be issued by Addenda, posted to Owner's Website and an automatic email with a link will be sent to all parties on the Bid Holders List. Questions received less than five calendar • days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 9.2. Addenda may also be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. Bidders shall acknowledge receipt of all Addenda on the Bid Form in the appropriate space. 9.3. Bidders shall make no special interpretation or inference of intent from differing formats in the Technical Specifications. 10. BID SECURITY 10.1. Bid shall be accompanied by Bid security made payable to Owner in an amount of ten percent of Bidder's maximum Bid price and in the form of a certified or cashier's check or an approved Bid bond(on the attached form or one substantially conforming to it). 10.2. The check or bond 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. In case of refusal or failure to enter into the Agreement,the check or Bid Bond, as the case may be, • Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project shall be forfeited to Owner. Bid Bonds shall comply with the requirements applicable to • payment and performance bonds in the General Conditions. 10.3. Within 14 calendar 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. 11. CONTRACT TIMES 11.1. The number of days within which, or the dates by which,the Work is to be substantially completed and ready for final payment are set forth in the Agreement. 12. LIQUIDATED DAMAGES 12.1. Provisions for liquidated damages, if any, are set forth in the Agreement. 13. SUBSTITUTE AND "OR-EQUAL" ITEMS 13.1. The Contract, if awarded,will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or"or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be 1111 considered by Engineer until after the Effective Date of the Agreement. 14. SUBCONTRACTORS 14.1. Oregon Revised Statutes (ORS) 279C.370 requires Bidders for public improvement projects exceeding $100,000 in Contract Price to submit First-Tier Subcontractor Disclosure Form with Bid, or within two working hours of Bid closing. The disclosure form identifies first-tier Subcontractors that will furnish labor or labor and materials equal to 5 percent of Contract Price or$15,000 whichever is greater, or $350,000,regardless of percentage of Contract Price. If no Subcontractors are subject to the disclosure requirements, write"NONE" on the form provided in the Bidding Documents. If Bidder fails to submit a disclosure form with the information required by the stated deadline, the Bid will be considered nonresponsive. 14.2. The definition of a Subcontractor does not include Suppliers who provide materials only. 14.3. If the Successful Bidder declines to make a substitution of a Subcontractor, Supplier,person, or organization acceptable to Owner, as required by Paragraph 7.06 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 11111 Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project • organization listed and to whom Owner or Engineer does not make written objection prior to giving the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the effective date of the Agreement as provided in Paragraph 7.06 of the General Conditions. 15. WAGE RATES/BOLI FEE 15.1. 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 Subcontractors 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 rates in accordance with ORS 279C.838 and ORS 279C.840, or the Davis-Bacon Act(40 U.S.C. Section 3141 et seq.). The applicable Oregon minimum prevailing wage rates for such workers are contained in the publication Prevailing Wage Rates For Public Works Contracts in Oregon dated January 1, 2018, (see links at http://www.oregon.gov/boli/WHD/PWR/Pages/PWR-Rate- Publications---2018.aspx), available at http://www.oregon.gov/boli and are hereby incorporated herein as of the date these Bidding Documents were first advertised. 15.2. 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. 15.3. Owner shall be responsible for paying the fee required by ORS 279C.825(1)to the Commissioner of the Bureau of Labor and Industries. 15.4. Oregon Statute 279C.836 requires that, before starting work on a contract or subcontract for a public works project, Contractor or Subcontractor shall file with the Construction Contractors Board a public works bond with the corporate surety authorized to do business in the State of Oregon in the amount of$30,000. 16. PREPARATION OF BID FORM 16.1. The Bid shall be submitted on the Bid Forms provided herein.No substitution of the Bid Form will be allowed. 16.2. All blanks on the Bid Form shall be completed by typing or printing with ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. 16.3. A Bid by a corporation shall be executed in the corporate name by the president or • a vice president or other corporate officer accompanied by enclosed Certificate of Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -9- March 2018 Treatment System Expansion Project Authority. The corporate seal shall be affixed and attested by the secretary or an assistant • secretary. The corporate address and state of incorporation shall be shown. 16.4. A Bid by a partnership shall be executed in the partnership name and signed by a managing partner(whose title must appear under the signature), accompanied by enclosed Certificate of Authority. The official address of the partnership shall be shown. 16.5. A Bid by a limited liability company(LLC) shall be executed in 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. The state of formation of the firm and the official address of the LLC shall be shown. 16.6. A Bid by a joint venture shall be executed in the joint venture name and be signed by a joint venture managing partner, accompanied by the enclosed Certificate of Authority, and his/her title must appear under the signature. The official address of the joint venture shall be shown. 16.7. All names shall be typed or printed in ink below the signatures. 16.8. The Bid shall contain an acknowledgement of receipt of all Addenda; the numbers of which shall be filled in on the Bid Form. 16.9. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 111111 17. TRADE SECRET/CONFIDENTIAL 17.1. Any information Bidder submits in response to the Invitation to Bid(ITB)that Bidder considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure,must be clearly labeled with the following: "This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192."Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidders that is already in the public domain is not protected. Owner shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. Owner shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3). 18. BASIS OF BID; COMPARISON OF BIDS 18.1. Lump Sum: Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate. In the comparison of Bids, alternates will be applied in the same order as listed in the Bid Form. • Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -10- March 2018 Treatment System Expansion Project • 18.2. Alternates: 18.2.1. Alternates requiring pricing in the Bid Form are described in Section 01110, Summary of Work, and in the Bid Form. 18.2.2. Indicate in Bid Form the amount to be added or subtracted from the base Bid for alternates described. 18.2.3. Include cost of all related work, including modifying surrounding work to integrate the Work of each alternate. 18.2.4. Alternates listed on Bid Form will be reviewed and accepted or rejected at Owner's option. Accepted alternates will be identified in the Agreement. 19. SUBMISSION OF BID 19.1. The Bid Form is to be completed and submitted with the Bid security and the following: 19.1.1. First-Tier Subcontractor Disclosure Forms must be included with • the Bid or delivered to the same location for delivery of the Bids within two hours of the specified time for receipt of Bids. 19.1.2. Bidder's state Contractor license number for the State of Oregon shall be shown on the Resident/Nonresident Bidder Status Form. 19.1.3. Resident/Nonresident Bidder Status Form. 19.1.4. Noncollusion Affidavit. 19.2. 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. 19.3. 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. Oral, telegraphic, telephonic or electronic Bids or modifications will not be considered. 11111 Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -11- March 2018 Treatment System Expansion Project 20. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. • 20.1. Unauthorized conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being nonresponsive. The Bid Forms shall be completed without interlineations, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. 21. MODIFICATION AND WITHDRAWAL OF BID 21.1. A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 21.2. If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, as determined by Oregon law and any applicable Owner's Purchasing Rules, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid,that Bidder will be disqualified from further bidding on the Work. 22. OPENING OF BIDS 22.1. Bids will be opened at the time and place indicated in the Advertisement for Bids and unless obviously nonresponsive,read aloud publicly. An abstract of the amounts of 411 the base Bids and major alternates, if any,will be made available to Bidders after the opening of Bids. 23. BIDS TO REMAIN SUBJECT TO ACCEPTANCE 23.1. All Bids will remain subject to acceptance for the period of time stated in the Bid Form,but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. 24. EVALUATION OF BIDS AND AWARD OF CONTRACT 24.1. Nonresident Bidders: 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. 24.2. Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive,unbalanced or conditional Bids and may cancel the procurement. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation,to not be responsible. Owner may also reject for good cause all Bids upon a finding by Owner that it is in the public interest to do so. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves Clean Water Services 00100 Instructions to Bidders • Durham AWWTF Secondary -12- March 2018 Treatment System Expansion Project • the right to waive all informalities not involving price, time, or changes in the Work.No changes to the Contract Documents will be allowed. Submission of a Bid constitutes acceptance of the terms of the Contract Documents. 24.3. 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. 24.4. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates,unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 24.5. 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. 24.6. In evaluating Bidders, Owner may consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted either with the Bid, or otherwise prior to issuance of the Notice of Award. 24.7. 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, individuals, or entities proposed for those portions of the Work in accordance with the Bidding Documents to Owner's satisfaction within the prescribed time. 24.8. If the Contract is to be awarded, Owner will award the Contract to the lowest, responsible Bidder whose Bid complies with the requirements of the Bidding Documents. 24.9. 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. • Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -13- March 2018 Treatment System Expansion Project 24.10. 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. 24.11. 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. 25. CONTRACT SECURITY AND INSURANCE 25.1. Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to bonds and insurance. When Successful Bidder delivers executed Agreement to Owner, it shall be accompanied by such bonds. 26. SIGNING OF AGREEMENT 26.1. When Owner issues a Notice of Award to Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents that are identified in the Agreement as attached 1111 thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver one fully-signed counterpart to Successful Bidder with a complete set of Drawings with appropriate identification. 26.2. 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 5 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 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. 26.3. Upon Owner receiving properly executed Agreements and acceptable certificates and bonds, Owner will provide one fully-executed Agreement to Contractor. Clean Water Services 00100 Instructions to Bidders • Durham AWWTF Secondary -14- March 2018 Treatment System Expansion Project • 27. RETAINAGE 27.1. Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage, if applicable, are set forth in the Agreement. 28. PROTEST PROCEDURE. 28.1. Owner has adopted its own public contracting rules and is not subject to the Attorney General's Model Public Contracting Rules. Owner's procurement rules have opportunities for bidders to protest at various stages in the procurement process. This section contains a brief summary of the deadlines, conditions required to file a protest and the information required to be included in the protest. Copies of Owner's rules containing the entire protest process may be obtained by contacting Michelle Mann. 28.1.1. Solicitation Protest. Under Owner's rules,prospective bidders may submit a written protest of anything contained in the Bidding Documents, including but not limited to the Invitation to Bid process, Scope of Work and the Contract Documents. This is a prospective bidder's only opportunity to protest the provisions of the Bidding Documents, except that a bidder may protest the award as provided below. 27.1.1.1 Prospective bidders must submit a written protest to Owner not less than ten calendar days prior to the due date for Bids. The • written protest must: 1) Be delivered to Michelle Mann via email to mannm@cleanwaterservices.org or by first class mail to Owner's Office located at 16060 SW 85th Avenue, Tigard, OR 97224-5500. 2) Reference the title of the Bidding Documents. 3) Identify the prospective bidder's name and contact information. 4) Be signed by an authorized representative. 5) State the reason or the grounds for the protest, including: a. The grounds that demonstrate how the procurement process is contrary to law or unnecessarily restrictive, is legally flawed or improperly specifies a brand name; b. Evidence or documentation that supports the grounds on which the protest is based; and c. Relief sought. 6) State the desired changes to the procurement process or the Bidding Document provisions that the prospective bidder believes will remedy the conditions that were the basis of the protest. 7) Be received by Ms. Mann within seven calendar days prior to the due date for Bids. Owner shall not consider a prospective bidder's protest if it is submitted after the established time period. • Clean Water Services 00100 Instructions to Bidders Durham AWWTF Secondary -15- March 2018 Treatment System Expansion Project 27.1.2. Specifications Protest. Prospective bidders must submit a written protest of • Specifications to Owner not less than ten calendar days prior to the due date for Bids. The written protest must: 1) Be delivered to Michelle Mann via email to mannm@cleanwaterservices.org or by first class mail to Owner's Office located at 16060 SW 85th Avenue, Tigard, OR 97224-5500. 2) Reference the title of the Bidding Documents. 3) Identify the prospective bidder's name and contact information. 4) Be signed by an authorized representative. 5) State the reason or the grounds for the protest, including; a. A detailed statement of the legal and factual grounds for the request or protest; b. A description of the resulting prejudice to the bidder; and c. A statement of the form of relief requested or any proposed changes to the Specifications. 6) Be received by Ms. Mann within seven calendar days prior to the due date for Bids. Owner shall not consider a prospective bidder's protest if it is submitted after the established time period. 27.1.3 Award Protest. Affected or aggrieved bidders will also have an opportunity to protest Owner's Conditional Notice of Intent to Award that Owner will post under the title of the Bidding Documents (Durham AWWTF Phase 5 Secondary Treatment Systems Expansion Project • No. 6757)on its Website. A Bidder is adversely affected or aggrieved only if the Bidder is eligible for award of the Contract as the responsible Bidder submitting the lowest responsive Bid and is next in line for award, i.e.,the protesting Bidder must claim that all lower Bidders are ineligible for award. The written protest must: 1) Be delivered to Michelle Mann by email to mannm@cleanwaterservices.org or by first class mail to 16580 SW 85th Avenue, Tigard, OR 97224-5500. 2) Reference the title of the Bidding Documents. 3) Identify the prospective bidder's name and contact information. 4) Be signed by an authorized representative. 5) Specify the grounds for the protest. 6) Be received by Ms. Mann within seven calendar days after issuance of the Conditional Notice of Intent to Award. 7) Owner shall not consider a Bidder's protest if it is submitted after the established time period. A Bidder must exhaust all administrative remedies before seeking judicial review of Owner's contractor selection or Contract 27.2 Award decision. The award by the Owner's Board of Directors of a Contract shall constitute a final decision of the Owner to award a Contract if no written protest of the award is filed. END OF SECTION Clean Water Services 00100 Instructions to Bidders • Durham AWWTF Secondary -16- March 2018 Treatment System Expansion Project III SECTION 003001 BID FORMS BIDDER NAME: BID TO: Clean Water Services: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents entitled Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2. Bidder accepts all of the terms and conditions of the Bidding Documents, 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 calendar days from the Bid due date unless otherwise required by law or for such longer period of time that Bidder may agree to in writing upon request of Owner. 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, IIIPerformance Bond, and copies of Public Works Bonds required by the Contract Documents. 4. BIDDER'S REPRESENTATIONS 4.1. In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged. Addendum No. Addendum Date (Bidder shall insert number of each Addendum received.) Failure to acknowledge receipt of Addenda may render the Bid non- responsive and may be cause for its rejection. IIIClean Water Services 00300 Bid Forms Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project B. Bidder has familiarized itself with the nature and extent of the Contract Documents, • Work, Site, locality where the Work is to be performed,the legal requirements (federal, state and local laws, ordinances,rules, and regulations), and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. C. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work. D. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost,progress, and performance of the Work. E. Bidder has carefully studied: i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities) which have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable "technical data,"; and ii)reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable "technical data." F. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents,with respect to the effect of • such information, observations, and documents on(1)the cost,progress, and performance of the Work; (2)the means,methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods,techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and(3)Bidder's safety precautions and programs. G. Based on information and observations referred to in paragraph above, Bidder does not consider that further examinations, investigations, explorations,tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. H. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. I. Bidder has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of terms and conditions for the performance of the Work for which this Bid is submitted. Clean Water Services 00300 Bid Forms • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • 5. BIDDER'S CERTIFICATION 5.1. Bidder certifies: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Agreement. For the purposes of this paragraph: 5.1.D.1. "corrupt practice"means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 5.1.D.2. "fraudulent practice"means an intentional misrepresentation of facts made (a)to influence the bidding • process to the detriment of Owner, (b)to establish Bid prices at artificial noncompetitive levels, or(c)to deprive Owner of the benefits of free and open competition; 5.1.D.3. "collusive practice"means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, noncompetitive levels; and 5.1.D.4. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. E. Owner is tax exempt. Required sales and use taxes are included in the stated Bid prices for the Work unless provision is made herein for the Bidder to separately itemize the estimated amount of sales tax. F. Bidder will be bound by and comply with all of the applicable requirements of ORS 279C.800 to 279C.870 and the administrative rules of the Bureau of Labor and Industries (BOLI) regarding prevailing wage rates and will pay prevailing wage rates in accordance with 279C.840. G. Neither Bidder nor their Subcontractors are on the Bureau of Labor and Industries list • of persons having violated prevailing wage rate laws. Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project H. Bidder has not discriminated and will not discriminate, in violation of 11111 ORS 279A.110(1) against any disadvantaged business enterprise, a minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055, in obtaining a required subcontract. I. Bidder is not in violation of any tax laws described in ORS 305.385. J. Bidder has established a drug-testing program for employees per ORS 279C.505 and that Bidder, if awarded the Contract,will at the time of Contract award represent and warrant to Owner that its employee drug-testing program remains in place and will continue in full force and effect for the duration of the Contract. K. In accordance with OAR 137-049-0200, Subcontractors performing work will be registered with the Construction Contractors Board before Subcontractor commences work. L. Bidder's information contained in the Resident/Nonresident Bidder Status, Contractors Board Licensing and Public Works Bond Information sections is true and correct. M. Owner shall not be liable for any expenses incurred by Bidder in preparing or submitting its Bid or in participating in the Bid evaluation/selection process. 6. BASIS OF BIDS • 6.1. Bidder shall complete the Work in accordance with the Contract Documents for the price(s) described in the attached Base Bid Schedule. 7. TIME OF COMPLETION 7.1. Bidder agrees to complete the Work within the Contract Time stipulated in the Agreement and accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work, and any specified Milestones,within the Contract Times. 8. ATTACHMENTS TO THIS BID 8.1. The following documents are submitted with and made a condition of this Bid: Base Bid Schedule. Bid Certificate Bid Bond. Noncollusion Affidavit. Resident/Nonresident Bidder Status /Construction Contractors Board and Public Works Bond Form. First-Tier Subcontractor Disclosure Form. • Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • Dated: Bidder: By: Name (Signature) Name (Type or Print) Title: • • Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project BASE BID SCHEDULE • Schedule of Base Bid Prices for Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 1. Lump Sum Work: Bidder proposes and agrees to accept as full payment the following bid amount for the Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 proposed within the Bidding Documents, and certifies that this amount is based upon the undersigned's own estimate of quantities and costs and includes sales, consumer,use, and other taxes, overhead and profit, and excludes the cost of the Alternate A items listed in the Major Product or System Schedule below. (figures) (words) (The amount in words takes precedence.) 2. Major Product or System Schedule: Bidder further agrees to accept as full • payment for furnishing the items listed below, and any Work necessary to install the items, for the unit prices included in the "Amount Bid" column for each item. Additional instructions for the Bidders are as follows: 2.1 The Amount Bid price shall include the number of units in the Bidding Documents and all associated equipment and systems identified in the specification sections listed below as the responsibility of the equipment manufacturer. 2.2 Selection of the alternate to be provided will be made by Owner from those priced by Bidder as best serves the interest of Owner. 2.3 Include in the Amount Bid for Bidder-proposed alternates the cost of Work and redesign and construction changes, including, but not limited to, electrical,mechanical, structural, and any other modifications to the Work necessary to make the several parts fit together and perform as specified. 2.4 Bidder may propose an"or-equal" alternate where indicated by including the Manufacturer's or Supplier's name and model number for items where a blank has been provided. No "or equal" or substitute product will be considered for items so indicated. Clean Water Services 00300 Bid Forms • Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project • 2.5 Any schedule delays caused by District's selection of an alternate other than Alternate A will not constitute grounds for a contract adjustment. 2.6 Include the total cost of all the "A"listed Alternates in this section in the blank space provided in Section 3.2 of the Bid Form. 2.7 Owner will award the Contract to the lowest responsive, responsible Bidder submitting the lowest Base Bid Amount, which is the sum of the Lump Sum Work and the sum of all of the submitted Alternate A listed equipment prices. The final Contract Price will be the sum of the Lump Sum Work and the total cost of the Major Product or Systems alternates selected by Owner. MAJOR PRODUCT OR SYSTEM SCHEDULE 17204—Level Measurment- Laser Alternate Manufacturer or Supplier Amount Bid A ABB Group $ B Or Equal $ • 17305 - Flow Measurement—Thermal Mass Alternate Manufacturer or Supplier Amount Bid A Fluid Components International $ (FCI) B Or Equal $ 17506—Dissolved Oxygen Analyzer Alternate Manufacturer or Supplier Amount Bid A Hach $ B Or Equal $ • Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project 3. Base Bid Summary • 3.1 Lump Sum Work $ 3.2 Total of Alternates 17204A $ 3.3 Total of Alternates 17305A $ 3.4 Total of Alternates 17506A $ TOTAL BASE BID (BASIS OF AWARD) (figures) (words) (The amount in words takes precedence.) • Clean Water Services 00300 Bid Forms • Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project • BID CERTIFICATE (if Corporation) STATE OF ) )ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation existing under the laws of the State of_ ,was held on , 2018, and the following resolution was duly passed and adopted: "RESOLVED,that as of this Corporation,be and is hereby authorized to execute the Bid for Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 dated , 2018 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 , 2018. (Signature) (Title) Secretary (Address) • Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -9- March 2018 Treatment System Expansion Project BID CERTIFICATE • (if Partnership) 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 , 2018, and the following resolution was duly passed and adopted: "RESOLVED,that , as of the Partnership,be and is hereby authorized to execute the Bid for Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 dated ,2018 to Clean Water Services by this Partnership and that his/her execution thereof, attested by the General Partner shall be the official act and deed of this Partnership." • I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,2018. (Signature) (Title) (Address) Clean Water Services 00300 Bid Forms • Durham AWWTF Secondary -10- March 2018 Treatment System Expansion Project • BID CERTIFICATE (if Limited Liability Company) STATE OF ) ) 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 , 2018, 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 Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 dated , 2018 to Clean Water Services by this limited liability company and that his/her execution thereof, attested by 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 ,2018. By: (Signature) (Title) (Address) • Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -11- March 2018 Treatment System Expansion Project BID CERTIFICATE • (if Joint Venture) 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 ,2018, and the following resolution was duly passed and adopted: "RESOLVED,that , as of the Joint Venture, be and is hereby authorized to execute the Bid for Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 dated ,2018 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 ,2018. Managing Partner (Address) • Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -12- March 2018 Treatment System Expansion Project • BID BOND Any singular reference to Bidder, Surety,Owner,or other party shall be considered plural where applicable. BIDDER(Name and Address): SURETY(Name and Address of Principal Place of Business): OWNER(Name and Address): BID Bid Due Date: Project(Brief Description Including Location): • III BOND Bond Number: Date(Not later than Bid due date): Penal sum (Words) (Figures) Surety and Bidder,intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this Bid Bond to be duly executed on its behalf by its authorized officer,agent,or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Signature and Title (Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title 1 • Note:Above addresses are to be used for giving required notice. Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -13- March 2018 Treatment System Expansion Project 1. Bidder and Surety,jointly and severally,bind 6. No suit or action shall be commenced under this • themselves,their heirs,executors,administrators, Bond prior to 30 calendar days after the notice of successors,and assigns to pay to Owner upon default required in Paragraph 4 above is received default of Bidder the penal sum set forth on the by Bidder and Surety and in no case later than one face of this Bond.Payment of the penal sum is the year after Bid due date. extent of Surety's liability. 7. Any suit or action under this Bond shall be 2. Default of Bidder shall occur upon the failure of commenced only in a court of competent Bidder to deliver within the time required by the jurisdiction located in the state in which the Project Bidding Documents(or any extension thereof is located. agreed to in writing by Owner)the executed Agreement required by the Bidding Documents 8. Notices required hereunder shall be in writing and any performance and payment bonds required and sent to Bidder and Surety at their respective by the Bidding Documents. addresses shown on the face of this Bond. Such notices may be sent by personal delivery, 3. This obligation shall be null and void if: commercial courier,or by United States Registered or Certified Mail,return receipt requested,postage 3.1. Owner accepts Bidder's Bid and Bidder pre-paid,and shall be deemed to be effective upon delivers within the time required by the Bidding receipt by the party concerned. Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement 9. Surety shall cause to be attached to this Bond a required by the Bidding Documents and any current and effective Power of Attorney evidencing performance and payment bonds required by the authority of the officer,agent,or representative the Bidding Documents,or who executed this Bond on behalf of Surety to execute, seal,and deliver such Bond and bind the 3.2. All Bids are rejected by Owner,or Surety thereby. 4111 3.3. Owner fails to issue a Notice of Award to 10.This Bond is intended to conform to all Bidder within the time specified in the Bidding applicable statutory requirements.Any applicable Documents(or any extension thereof agreed to requirement of any applicable statute that has been in writing by Bidder and,if applicable, omitted from this Bond shall be deemed to be consented to by Surety when required by included herein as if set forth at length.If any Paragraph 5 hereof). provision of this Bond conflicts with any applicable statute,then the provision of said statute 4. Payment under this Bond will be due and shall govern and the remainder of this Bond that is payable upon default by Bidder and within not in conflict therewith shall continue in full force 30 calendar days after receipt by Bidder and Surety and effect. of written notice of default from Owner,which notice will be given with reasonable promptness, 11.The term"Bid"as used herein includes a Bid, identifying this Bond and the Project and including offer,or proposal as applicable. a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder,provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 111 Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -15- March 2018 Treatment System Expansion Project • NONCOLLUSION AFFIDAVIT FOR Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 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 award of the Contract(s); (3) No attempt has been made or will be made to induce any firm or person to refrain from submitting a Bid, or to submit a Bid containing less competitive terms than those contained in this Bid; (4) The Bid of this firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal; and (5) (Name of this Firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing on any public contract, except as described on the attached appendix. 110 Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -16- March 2018 Treatment System Expansion Project 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 , 2018,by Notary Public for This Commission Expires: • Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -17- March 2018 Treatment System Expansion Project • RESIDENT/NONRESIDENT BIDDER STATUS/CONSTRUCTION CONTRACTOR AND PUBLIC WORKS BOND FORM Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 Oregon law(ORS 279A.120)requires Owner,in determining the lowest responsible bidder,to add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to bidders in the state in which that bidder resides. Consequently, each bidder must indicate whether it is a resident or nonresident bidder.A resident bidder is a bidder who has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of this bid, and has a business address in Oregon,and has stated in its bid whether the bidder is a"resident bidder."A"nonresident bidder"is a bidder who is not a resident bidder. The bidder whose signature appears on the Bid Form states that it is: (check one) 1. A resident bidder 2. A nonresident bidder Indicate state in which bidder resides: CONSTRUCTION CONTRACTOR'S LICENSING Oregon law requires all contractors to be licensed with the Oregon Construction Contractors Board in • order to submit a Bid to do work and to do work as a contractor.The Bidder whose signature appears on the Bid Form states it is now licensed with the Oregon Construction Contractors Board. Indicate Bidder's Construction Contractors Board License No. PUBLIC WORKS BOND INFORMATION Name of Bidder's Public Works Bonding Company: Address of Bidder's Public Works Bonding Company Agent Name/Phone: Bidder's Public Works Bond Number: • Clean Water Services 00300 Bid Forms Durham AWWTF Secondary -18- March 2018 Treatment System Expansion Project FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM FOR • Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 Bid Closing: 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 2 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 11111 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): END OF BID FORMS Clean Water Services 00300 Bid Forms • Durham AWWTF Secondary -19- March 2018 Treatment System Expansion Project 410 SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the day of 20 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. 1.1. Contractor shall complete the Work as specified or indicated in Owner's Contract Documents entitled Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757. The Work is generally described as follows: The Work under this Contract will consist of, but is not limited to furnishing all labor, materials and equipment necessary to: 1. Install a new aeration basin, Aeration Basin 5,to provide enhanced biological phosphorus removal (EBPR) and ammonia removal. 2. Install new influent piping from the existing Primary Effluent Pump Station to new Aeration Basin 5. • 3. Install a new secondary clarifier(SC), Secondary Clarifier 5, dedicated to Aeration Basin 5. 4. Extend the existing below grade operations tunnel adjacent to existing treatment trains 3 and 4 to new Aeration Basin 5. 5. Install a new Return Activated Sludge and Waste Activated Sludge Pumping Station serving new Secondary Treatment Train 5 within the tunnel extension, with space for future equipment to serve a future secondary treatment train(Train 6). 6. Install a secondary effluent conveyance channel to convey effluent from existing SCs 3 and 4, and new SC 5 to a new Secondary Effluent Collection Structure (SECS). 7. Install a new Secondary Effluent Collection Structure to allow diversion of excess secondary effluent to existing surge basins, including piping connections to the existing Secondary Effluent Diversion Structure(SEDS), modifications to the existing SEDS and existing surge basins. 8. Install temporary pumping as necessary to maintain tertiary treatment of secondary effluent during modifications to the existing SEDS and connection of • the new SECS to the existing SEDS. Clean Water Services 00500 Agreement Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 9. Install modifications to the existing surge basins to allow use by secondary • effluent. 10. Install new building to house electrical distribution and instrumentation and controls equipment associated with Secondary Treatment Train 5 with room for future expansion. 11. Extend existing aeration blower air piping and existing utilities to Aeration Basin 5, SC5 and associated pumping stations. 12. Install a new bio-filter based odor control system including new blowers and odor control ducting. 13. Install yard piping, asphalt roadway, curbing, storm drain collection structures and other surface and underground improvements. 14. Install a new motor control center, electrical panelboards,transformers, instrumentation and control panels, associated conduits, conductors, and other appurtenances necessary to complete the Work and to provide a complete and functional system constructed in accordance with the Contract Documents.. ARTICLE 3. ENGINEER. 3.1 The Project has been designed by Black&Veatch Corporation(Engineer), who is to act as Owner's representative, assume duties and responsibilities, and has 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 4. CONTRACT TIMES. 4.1 Time of the Essence: Time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2 Days to Achieve Substantial Completion and Final Payment: 4.2.1 The Work shall be substantially completed within the number of days indicated below from the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated below after the date when the Contract Times commence to run. Substantial Completion 729 calendar days Final Payment 821 calendar days Clean Water Services 00500 Agreement • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • ARTICLE 5. LIQUIDATED DAMAGES. 5.1 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 4 herein,plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties 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 4 herein: Milestone Liquidated Damages per Day 1) Substantial Completion $2500 2)Final Completion $500 In addition, Contractor shall pay damages of impacts to other contractors/suppliers affected by Contractor delays. Owner shall recover liquidated damages by deducting the amount owed by Change Order or from the final payment or any retainage held by Owner. Owner will not assess liquidated damage amounts cumulatively for failure to meet multiple Milestone dates. • ARTICLE 6. CONTRACT PRICE. 6.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount(s) set forth in the conformed Bid Forms, which are included as an attachment to this Agreement. The contract price is as follows: 6.1.1 A Lump Sum of$ ARTICLE 7. PAYMENT PROCEDURES. 7.1 Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 7.2 Progress Payments and Retainage: Prior to Final Completion, Owner shall retain from progress payments and any incentive payment, five percent of the value of the work completed. Owner will make progress payments on account of the Contract Price on the basis of Contractor's Application for Payment on or about the thirtieth day of each month during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.05 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Conditions. • Clean Water Services 00500 Agreement Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 7.3 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. 7.4 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. 7.5 Final Payment: 7.5.1 Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner will pay the remainder of the Contract Price as recommended by Engineer as provided in Paragraph 15.06. ARTICLE 8. INTEREST 8.1 Monies not paid when due as provided in Article 15 of the General Conditions shall bear interest as provided for in ORS 279C.570. ARTICLE 9. PREVAILING WAGE RATES/BOLI FEE/PUBLIC WORKS BOND REQUIRED. The Project is a public works project. 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 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 part of the Contract not less than the specific minimum hourly rate of wages in accordance with ORS 279C.838 and 279C.840 and shall require its Subcontractors to pay at such rates. The applicable Oregon minimum prevailing wage rates are contained in the publication Prevailing Wage Rates for Public Works Contracts in Oregon effective January 1, 2018, including all applicable amendments (see links at http://www.oregon.gov/boli/WHD/PWR/Pages/P WR-Rate-Publications---2018.aspx), available at http://www.oregon.gov/boli, and are incorporated herein as though fully set forth as of the date these Bidding Documents were first advertised. 9.1 Contractors shall include in every subcontract a provision requiring subcontractors to pay their workers at such rates. 9.2 Owner will be responsible for paying the fee required by ORS 279C.825 to the Commissioner of the Bureau of Labor and Industries. 9.3 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). Clean Water Services 00500 Agreement • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • 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). ARTICLE 10. CONTRACTOR'S REPRESENTATIONS 10.1 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 10.1,1 Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 10.1.2 Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 10.1.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress, and performance of the Work. 10.1.4 Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; • the Contract Documents; and Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on 1)the cost,progress, and performance of the Work; 2)the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means,methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and 3) Contractor's safety precautions and programs. 10.1.5 Based on the information and observations referred to above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 10.1.6 Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 10.1.7 Contractor has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. • Clean Water Services 00500 Agreement Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project 10.1.8 The Contract Documents are generally sufficient to indicate and convey • understanding of terms and conditions for performance and furnishing of the Work. ARTICLE 11. CONTRACT DOCUMENTS. 11.1 The Contract Documents which comprise the entire Agreement between Owner and Contractor concerning Work are: 11.1.1 This Agreement 11.1.2 Contractor's Conformed Bid Forms 11.1.3 Executed Performance and Payment Bonds 11.1.4 Copies of Public Works Bonds from Contractor and every Subcontractor on the Project 11.1.5 Contract Specifications: Divisions 00 and 01 (Except Section 00080, Advertisement to Bid, and Section 00100, Instructions to Bidders); Divisions 02 through 17 11.1.6 Contract Drawings 11.1.7 General Conditions 11.1.8 Supplementary Conditions 11.1.9 Addenda numbers to , inclusive 11.1.10 Permits from outside agencies 11.2 There are no Contract Documents other than those listed in this Article. 11.3 The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 12. ASSIGNMENT. 12.1 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 12.2 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 Clean Water Services 00500 Agreement • Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ARTICLE 13. PAYROLL AND CERTIFIED STATEMENT FILING AND ADDITIONAL RETAINAGE. 13.1 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 Owner containing the notation"No Work" each week that Contractor does not work on the Project. 13.2 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. 13.3 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. ARTICLE 14. MISCELLANEOUS 14.1 Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 14.2 Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. • i C can Water Services 00500 Agreement Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project 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 By By General Manager or Designee Name/Title • Clean Water Services 00500 Agreement • Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project • AGREEMENT CERTIFICATE (if Corporation) STATE OF ) ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation existing under the laws of the State of ,was held on , 2018, and the following resolution was duly passed and adopted: "RESOLVED,that , as (insert title)of the Corporation, be and is hereby authorized to execute the Agreement for the Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757. 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 , 2018. President Secretary • Clean Water Services 00500 Agreement Durham AWWTF Secondary -9- March 2018 Treatment System Expansion Project AGREEMENT CERTIFICATE • (if Limited Liability Company) STATE OF ) ) 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 ,20 , and the following resolution was duly passed and adopted: "RESOLVED,that , as the of the limited liability company,be and is hereby authorized to execute the Agreement for the Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757. 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 , 2018. By: Title: Clean Water Services 00500 Agreement 4111 Durham AWWTF Secondary -10- March 2018 Treatment System Expansion Project • AGREEMENT CERTIFICATE (if Partnership) 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 , 2018, 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 the Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757. 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 ,2018. Partner • Clean Water Services 00500 Agreement Durham AWWTF Secondary -11- March 2018 Treatment System Expansion Project AGREEMENT CERTIFICATE • (if Joint Venture) 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 , 2018, 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 the Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757. by and between this Joint Venture and Clean Water Services and that 11111 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 , 2018. Managing Partner END OF SECTION Clean Water Services 00500 Agreement • Durham AWWTF Secondary -12- March 2018 Treatment System Expansion Project PERFORMANCE BOND FORM • Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 Any singular reference to Contractor, Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name and Address): (Name and Address of Principal Place of Business): OWNER(Name and Address): CONTRACT Date: Amount: Description(Name and Location): BOND Bond Number: Date(Not earlier than Contract Date): • Amount: Modifications to this Bond Form: Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) Attest: Signature and Title • Clean Water Services 00610 Performance Bond Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title • Clean Water Services 00610 Performance Bond Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • 1. Contractor and Surety,jointly and severally,bind 4.3. Obtain bids or negotiated proposals from themselves,their heirs,executors,administrators, qualified contractors acceptable to Owner for a successors,and assigns to Owner for the performance contract for performance and completion of the of the Contract,which is incorporated herein by Contract,arrange for a contract to be prepared for reference. execution by Owner and Contractor selected with Owner's concurrence,to be secured with 2. If Contractor performs the Contract,Surety and performance and payment bonds executed by a Contractor have no obligation under this Bond, qualified surety equivalent to the bonds issued on except to participate in conferences as provided in the Contract,and pay to Owner the amount of Paragraph 3.1. damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by 3. If there is no Owner Default, Surety's obligation Owner resulting from Contractor Default;or under this Bond shall arise after: 4.4. Waive its right to perform and complete, 3.1. Owner has notified Contractor and Surety,at arrange for completion,or obtain a new contractor the addresses described in Paragraph 10 below, and with reasonable promptness under the that Owner is considering declaring a Contractor circumstances: Default and has requested and attempted to arrange a conference with Contractor and Surety 1. After investigation,determine the amount to be held not later than 15 days after receipt of for which it may be liable to Owner and,as such notice to discuss methods of performing the soon as practicable after the amount is Contract.If Owner,Contractor and Surety agree, determined,tender payment therefor to Owner; Contractor shall be allowed a reasonable time to or perform the Contract,but such an agreement shall not waive Owner's right,if any,subsequently to 2. Deny liability in whole or in part and declare a Contractor Default;and notify Owner citing reasons therefor. 3.2. Owner has declared a Contractor Default 5. If Surety does not proceed as provided in • and formally terminated Contractor's right to Paragraph 4 with reasonable promptness, Surety shall complete the Contract. Such Contractor Default be deemed to be in default on this Bond 15 days after shall not be declared earlier than 20 days after receipt of an additional written notice from Owner to Contractor and Surety have received notice as Surety demanding that Surety perform its obligations provided in Paragraph 3.1;and under this Bond,and Owner shall be entitled to enforce any remedy available to Owner.If Surety 3.3. Owner has agreed to pay the Balance of the proceeds as provided in Paragraph 4.4,and Owner Contract Price to: refuses the payment tendered or Surety has denied liability,in whole or in part,without further notice 1. Surety in accordance with the terms of the Owner shall be entitled to enforce any remedy Contract; available to Owner. 2. Another contractor selected pursuant to 6. After Owner has terminated Contractor's right to Paragraph 4.3 to perform the Contract. complete the Contract,and if Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the 4. When Owner has satisfied the conditions of responsibilities of Surety to Owner shall not be Paragraph 3, Surety shall promptly and at Surety's greater than those of Contractor under the Contract, expense take one of the following actions: and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. 4.1. Arrange for Contractor,with consent of To a limit of the amount of this Bond,but subject to Owner,to perform and complete the Contract;or commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the 4.2. Undertake to perform and complete the Contract, Surety is obligated without duplication for: Contract itself,through its agents or through independent contractors; or 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 11111 Clean Water Services 00610 Performance Bond Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 6.2. Additional legal,design professional,and 11. When this Bond has been furnished to comply delay costs resulting from Contractor's Default, with a statutory requirement in the location where the and resulting from the actions or failure to act of Contract was to be performed,any provision in this • Surety under Paragraph 4;and Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions 6.3. Liquidated damages,or if no liquidated conforming to such statutory requirement shall be damages are specified in the Contract,actual deemed incorporated herein.The intent is that this damages caused by delayed performance or non- Bond shall be construed as a statutory bond and not performance of Contractor. as a common law bond. 7. Surety shall not be liable to Owner or others for 12. Definitions. obligations of Contractor that are unrelated to the Contract,and the Balance of the Contract Price shall 12.1.Balance of the Contract Price:The total not be reduced or set off on account of any such amount payable by Owner to Contractor under the unrelated obligations.No right of action shall accrue Contract after all proper adjustments have been on this Bond to any person or entity other than made,including allowance to Contractor of any Owner or its heirs,executors,administrators,or amounts received or to be received by Owner in successors. settlement of insurance or other Claims for damages to which Contractor is entitled,reduced 8. Surety hereby waives notice of any change, by all valid and proper payments made to or on including changes of time,to Contract or to related behalf of Contractor under the Contract. subcontracts,purchase orders,and other obligations. 12.2.Contract:The agreement between Owner 9. Any proceeding,legal or equitable,under this and Contractor identified on the signature page, Bond may be instituted in any court of competent including all Contract Documents and changes jurisdiction in the location in which the Work or part thereto. of the Work is located and shall be instituted within two years after Contractor Default or within two 12.3.Contractor Default:Failure of Contractor, years after Contractor ceased working or within two which has neither been remedied nor waived,to years after Surety refuses or fails to perform its perform or otherwise to comply with the terms of • obligations under this Bond,whichever occurs first. the Contract. If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation 12.4.Owner Default:Failure of Owner,which has available to sureties as a defense in the jurisdiction of neither been remedied nor waived,to pay the suit shall be applicable. Contractor as required by the Contract or to perform and complete or comply with the other 10. Notice to Surety,Owner,or Contractor shall be terms thereof mailed or delivered to the address shown on the signature page. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker Owner's Representative(engineer or other party) END OF SECTION • Clean Water Services 00610 Performance Bond Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • PAYMENT BOND FORM Durham AWWTF Phase 5 Secondary Treatment System Expansion Project No. 6757 Any singular reference to Contractor, Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name and Address): (Name and Address of Principal Place of Business): OWNER(Name and Address): CONTRACT Date: Amount: Description(Name and Location): • BOND Bond Number: Date(Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) Attest: Signature and Title • Clean Water Services 00620 Payment Bond Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title II/ • Clean Water Services 00620 Payment Bond Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project 1. Contractor and Surety,jointly and severally,bind above notice any communication from themselves,their heirs,executors,administrators, Contractor by which Contractor had indicated successors,and assigns to Owner to pay for labor, the claim will be paid directly or indirectly; materials,and equipment furnished by Claimants for and use in the performance of the Contract,which is incorporated herein by reference. 3. Not having been paid within the above 30 days,have sent a written notice to Surety 2. With respect to Owner,this obligation shall be and sent a copy,or notice thereof,to Owner, null and void if Contractor: stating that a claim is being made under this Bond and enclosing a copy of the previous 2.1. Promptly makes payment,directly or written notice furnished to Contractor. indirectly,for all sums due Claimants,and 5. If a notice by a Claimant required by Paragraph 4 2.2. Defends,indemnifies,and holds harmless is provided by Owner to Contractor or to Surety,that Owner from all claims,demands,liens,or suits is sufficient compliance. alleging non-payment by Contractor by any person or entity who furnished labor,materials,or 6. Reserved. equipment for use in the performance of the Contract,provided Owner has promptly notified 7. Surety's total obligation shall not exceed the Contractor and Surety(at the addresses described amount of this Bond,and the amount of this Bond in Paragraph 12)of any claims,demands,liens,or shall be credited for any payments made in good faith suits and tendered defense of such claims, by Surety. demands,liens,or suits to Contractor and Surety, and provided there is no Owner Default. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the 3. With respect to Claimants,this obligation shall Contract and to satisfy claims,if any,under any be null and void if Contractor promptly makes performance bond. By Contractor furnishing and payment,directly or indirectly,for all sums due. Owner accepting this Bond,they agree that all funds earned by Contractor in the performance of the • 4. Surety shall have no obligation to Claimants under this Bond until: Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond,subject to Owner's priority to use the funds for the completion 4.1. Claimants who are employed by or have a of the Work. direct contract with Contractor have given notice to Surety(at the addresses described in 9. Surety shall not be liable to Owner,Claimants, Paragraph 12)and sent a copy,or notice thereof, or others for obligations of Contractor that are to Owner,stating that a claim is being made under unrelated to the Contract. Owner shall not be liable this Bond and,with substantial accuracy,the for payment of any costs or expenses of any Claimant amount of the claim. under this Bond,and shall have under this Bond no obligations to make payments to,give notices on 4.2. Claimants who do not have a direct contract behalf of,or otherwise have obligations to Claimants with Contractor: under this Bond. 1. Have furnished written notice to 10. Surety hereby waives notice of any change, Contractor and sent a copy,or notice thereof, including changes of time,to the Contract or to to Owner,within 90 days after having last related Subcontracts,purchase orders and other performed labor or last furnished materials or obligations. equipment included in the claim stating,with substantial accuracy,the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied,or for whom the labor was done or performed;and 2. Have either received a rejection in whole or in part from Contractor,or not 11111received within 30 days of furnishing the Clean Water Services 00620 Payment Bond Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 11. No suit or action shall be commenced by a 14. Upon request of any person or entity appearing Claimant under this Bond other than in a court of to be a potential beneficiary of this Bond,Contractor competent jurisdiction in the location in which the shall promptly furnish a copy of this Bond or shall • Work or part of the Work is located or after the permit a copy to be made. expiration of one year from the date(1)on which the Claimant gave the notice required by Paragraph 4.1 15. Definitions: or Paragraph 4.2.3,or(2)on which the last labor or service was performed by anyone or the last materials 15.1.Claimant:An individual or entity having a or equipment were furnished by anyone under the direct contract with Contractor,or with a first-tier Construction Contract,whichever of(1)or(2)first subcontractor of Contractor,to furnish labor, occurs.If the provisions of this paragraph are void or materials,or equipment for use in the prohibited by law,the minimum period of limitation performance of the Contract.The intent of this available to sureties as a defense in the jurisdiction of Bond shall be to include without limitation in the the suit shall be applicable. terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, 12. Notice to Surety,Owner,or Contractor shall be telephone service,or rental equipment used in the mailed or delivered to the addresses shown on the Contract,architectural and engineering services signature page.Actual receipt of notice by Surety, required for performance of the Work of Owner,or Contractor,however accomplished, shall Contractor and Contractor's Subcontractors,and be sufficient compliance as of the date received at the all other items for which a mechanic's lien may be address shown on the signature page. asserted in the jurisdiction where the labor, materials,or equipment were furnished. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the 15.2.Contract:The agreement between Owner Contract was to be performed,any provision in this and Contractor identified on the signature page, Bond conflicting with said statutory requirement including all Contract Documents and changes shall be deemed deleted herefrom and provisions thereto. conforming to such statutory requirement shall be deemed incorporated herein.The intent is that this 15.3.Owner Default:Failure of Owner,which has Bond shall be construed as a statutory Bond and not neither been remedied nor waived,to pay • as a common law bond. Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker: Owner's Representative(engineer or other party): END OF SECTION Clean Water Services 00620 Payment Bond • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT C }I T€ T DOCUMENTS OMMITT Issued and Published Jointly by AC E ' . rAti1::1w 4\f..,G 1 Nt 01o'111'h".ns • National Society of Professional Engineers® These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract(EJCDC®C-520,Stipulated Sum,or C-525,Cost-Plus,2013 Editions).Their provisions are interrelated and a change in one may necessitate a change in the other. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. • Copyright©2013: National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314-2794 (703)684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W.,Washington,DC 20005 (202)347-7474 ��-ww.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 (800)548-2723 www.asce.oru • The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents;please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org,or from any of the sponsoring organizations above. • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE • CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1 1.01 Defined Terms 1 1.02 Terminology 4 ARTICLE 2-PRELIMINARY MATTERS 5 2.01 Delivery of Bonds and Evidence of Insurance 5 2.02 Copies of Documents 5 2.03 Before Starting Construction 5 2.04 Preconstruction Conference;Designation of Authorized Representatives 5 2.05 Initial Acceptance of Schedules 6 2.06 Electronic Transmittals 6 ARTICLE 3-DOCUMENTS:INTENT,REQUIREMENTS,REUSE 6 3.01 Intent 6 3.02 Reference Standards 6 3.03 Reporting and Resolving Discrepancies 7 3.04 Requirements of the Contract Documents 7 3.05 Reuse of Documents 8 ARTICLE 4-COMMENCEMENT AND PROGRESS OF THE WORK 8 4.01 Commencement of Contract Times;Notice to Proceed 8 4.02 Starting the Work 8 4.03 Reference Points 8 • 4.04 Progress Schedule 8 4.05 Delays in Contractor's Progress 9 ARTICLE 5-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS ENVIRONMENTAL CONDITIONS 9 5.01 Availability of Lands 9 5.02 Use of Site and Other Areas 10 5.03 Subsurface and Physical Conditions 10 5.04 Differing Subsurface or Physical Conditions 11 5.05 Underground Facilities 12 5.06 Hazardous Environmental Conditions at Site 13 ARTICLE 6-BONDS AND INSURANCE 15 6.01 Performance,Payment, and Other Bonds 15 6.02 Insurance-General Provisions 15 6.03 Contractor's Insurance 16 6.04 Owner's Liability Insurance 18 6.05 Property Insurance 18 6.06 Waiver of Rights 20 6.07 Receipt and Application of Property Insurance Proceeds 20 ARTICLE 7-CONTRACTOR'S RESPONSIBILITIES 21 7.01 Supervision and Superintendence 21 7.02 Labor; Working Hours 21 7.03 Services, Materials, and Equipment 21 7.04 "Or Equals" 21 7.05 Substitutes 22 7.06 Concerning Subcontractors, Suppliers, and Others 23 . 7.07 Patent Fees and Royalties 24 7.08 Permits 25 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 7.09 Taxes 25 7.10 Laws and Regulations 25 7.11 Record Documents 26 7.12 Safety and Protection 26 7.13 Safety Representative 26 7.14 Hazard Communication Programs 27 7.15 Emergencies 27 7.16 Shop Drawings, Samples, and Other Submittals 27 7.17 Contractor's General Warranty and Guarantee 29 7.18 Indemnification 29 7.19 Delegation of Professional Design Services 30 ARTICLE 8-OTHER WORK AT THE SITE 30 8.01 Other Work 30 8.02 Coordination 31 8.03 Legal Relationships 31 ARTICLE 9-OWNER'S RESPONSIBILITIES 32 9.01 Communications to Contractor 32 9.02 Replacement of Engineer 32 9.03 Furnish Data 32 9.04 Pay When Due 32 9.05 Lands and Easements;Reports, Tests, and Drawings 32 9.06 Insurance 32 9.07 Change Orders 32 9.08 Inspections, Tests, and Approvals 32 9.09 Limitations on Owner's Responsibilities 32 9.10 Undisclosed Hazardous Environmental Condition 32 9.11 Evidence of Financial Arrangements 32 9.12 Safety Programs 32 • ARTICLE 10-ENGINEER'S STATUS DURING CONSTRUCTION 32 10.01 Owner's Representative 32 10.02 Visits to Site 33 10.03 Project Representative 33 10.04 Rejecting Defective Work 33 10.05 Shop Drawings, Change Orders and Payments 33 10.06 Determinations for Unit Price Work 33 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work 33 10.08 Limitations on Engineer's Authority and Responsibilities 33 10.09 Compliance with Safety Program 34 ARTICLE 11 -AMENDING THE CONTRACT DOCUMENTS;CHANGES IN THE WORK 34 11.01 Amending and Supplementing Contract Documents 34 11.02 Owner-Authorized Changes in the Work 35 11.03 Unauthorized Changes in the Work 35 11.04 Change of Contract Price 35 11.05 Change of Contract Times 36 11.06 Change Proposals 36 11.07 Execution of Change Orders 37 11.08 Notification to Surety 37 ARTICLE 12-CLAIMS 37 12.01 Claims 37 ARTICLE 13-COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 38 13.01 Cost of the Work 38 13.02 Allowances 40 13.03 Unit Price Work 41 • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 41 14.01 Access to Work 41 14.02 Tests,Inspections, and Approvals 41 14.03 Defective Work 42 14.04 Acceptance of Defective Work 42 14.05 Uncovering Work 43 14.06 Owner May Stop the Work 43 14.07 Owner May Correct Defective Work 43 ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS;COMPLETION;CORRECTION PERIOD 44 15.01 Progress Payments 44 15.02 Contractor's Warranty of Title 46 15.03 Substantial Completion 46 15.04 Partial Use or Occupancy 47 15.05 Final Inspection 47 15.06 Final Payment 48 15.07 Waiver of Claims 49 15.08 Correction Period 49 ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 49 16.01 Owner May Suspend Work 49 16.02 Owner May Terminate for Cause 49 16.03 Owner May Terminate For Convenience 50 16.04 Contractor May Stop Work or Terminate 51 ARTICLE 17—FINAL RESOLUTION OF DISPUTES 51 17.01 Methods and Procedures 51 ARTICLE 18—MISCELLANEOUS 51 18.01 Giving Notice 51 110 18.02 Computation of Times 51 18.03 Cumulative Remedies 51 18.04 Limitation of Damages 52 18.05 No Waiver 52 18.06 Survival of Obligations 52 18.07 Controlling Law 52 18.08 Headings 52 • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii • This Page Intentionally Blank • • ARTICLE I —DEFINITIONS AND TERMINOLOGY on or after the Effective Date of the Contract. 1.01 Defined Terms 9. Change Proposal—A written request by Contractor, duly submitted in A. Wherever used in the Bidding Requirements compliance with the procedural or Contract Documents, a term printed with requirements set forth herein,seeking an initial capital letters, including the term's adjustment in Contract Price or Contract singular and plural forms, will have the Times, or both; contesting an initial meaning indicated in the definitions below.In decision by Engineer concerning the addition to terms specifically defined, terms requirements of the Contract Documents with initial capital letters in the Contract or the acceptability of Work under the Documents include references to identified Contract Documents; challenging a set articles and paragraphs,and the titles of other off against payments due; or seeking documents or forms. other relief with respect to the terms of I. Addenda—Written or graphic the Contract. instruments issued prior to the opening 10. Claim—(a) A demand or assertion by of Bids which clarify, correct,or change Owner directly to Contractor, duly the Bidding Requirements or the submitted in compliance with the proposed Contract Documents. procedural requirements set forth herein: 2. Agreement The written instrument, seeking an adjustment of Contract Price executed by Owner and Contractor,that or Contract Times,or both;contesting an sets forth the Contract Price and Contract initial decision by Engineer concerning Times, identifies the parties and the the requirements of the Contract Engineer, and designates the specific Documents or the acceptability of Work items that are Contract Documents. under the Contract Documents; contesting Engineer's decision regarding 3. Application for Payment—The form a Change Proposal;seeking resolution of acceptable to Engineer which is to be a contractual issue that Engineer has • used by Contractor during the course of the Work in requesting progress or final declined to address; or seeking other relief with respect to the terms of the payments and which is to be Contract;or(b)a demand or assertion by accompanied by such supporting Contractor directly to Owner, duly documentation as is required by the submitted in compliance with the Contract Documents. procedural requirements set forth herein, 4. Bid—The offer of a Bidder submitted on contesting Engineer's decision regarding the prescribed form setting forth the a Change Proposal;or seeking resolution prices for the Work to be performed. of a contractual issue that Engineer has declined to address. A demand for 5. Bidder—An individual or entity that money or services by a third party is not submits a Bid to Owner. a Claim. 6. Bidding Documents—The Bidding 1I. Constituent of Concern—Asbestos, Requirements, the proposed Contract petroleum, radioactive materials, Documents,and all Addenda. polychlorinated biphenyls (PCBs), 7. Bidding Requirements The hazardous waste, and any substance, advertisement or invitation to bid, product, waste, or other material of any Instructions to Bidders, Bid Bond or nature whatsoever that is or becomes other Bid security, if any,the Bid Form, listed, regulated, or addressed pursuant and the Bid with any attachments. to(a)the Comprehensive Environmental Response, Compensation and Liability 8. Change Order A document which is Act, 42 U.S.C. §§9601 et seq. signed by Contractor and Owner and ("CERCLA"); (b) the Hazardous authorizes an addition, deletion, or Materials Transportation Act, 49 U.S.C. revision in the Work or an adjustment in §§5501 et seq.; (c) the Resource the Contract Price or the Contract Times, Conservation and Recovery Act, 42 or other revision to the Contract, issued U.S.C. §§6901 et seq.("RCRA");(d)the • Toxic Substances Control Act, 15 U.S.C. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 52 §§2601 et seq.; (e)the Clean Water Act, contained pursuant to industry practices, 33 U.S.C. §§1251 et seq.; (f) the Clean Laws and Regulations, and the • Air Act,42 U.S.C. §§7401 et seq.;or(g) requirements of the Contract, does not any other federal, state, or local statute, establish a Hazardous Environmental law, rule, regulation, ordinance, Condition. resolution, code, order, or decree 23. Laws and Regulations; Laws or regulating, relating to, or imposing Regulations—Any and all applicable liability or standards of conduct concerning, any hazardous, toxic, or laws, statutes, rules, regulations, dangerous waste, substance,or material. ordinances,codes,and orders of any and all governmental bodies, agencies, 12. Contract—The entire and integrated authorities, and courts having written contract between the Owner and jurisdiction. Contractor concerning the Work. 24. Liens—Charges, security interests, or 13. Contract Documents—Those items so encumbrances upon Contract-related designated in the Agreement, and which funds, real property, or personal together comprise the Contract. property. 14. Contract Price The money that Owner 25. Milestone—A principal event in the has agreed to pay Contractor for performance of the Work that the completion of the Work in accordance Contract requires Contractor to achieve with the Contract Documents. . by an intermediate completion date or by 15. Contract Times—The number of days or a time prior to Substantial Completion of the dates by which Contractor shall: (a) all the Work. achieve Milestones, if any; (b) achieve 26. Notice of Award The written notice by Substantial Completion; and (c) Owner to a Bidder of Owner's complete the Work. acceptance of the Bid. 16. Contractor The individual or entity 27. Notice to Proceed—A written notice by with which Owner has contracted for Owner to Contractor fixing the date on • performance of the Work. which the Contract Times will 17. Cost of the Work—See Paragraph 13.01 commence to run and on which Contractor shall start to perform the for definition. Work. 18. Drawings—The part of the Contract that 28Owner—The individual or entity with graphically shows the scope,extent,and which Contractor has contracted character of the Work to be performed by regarding the Work, and which has Contractor. agreed to pay Contractor for the 19. Effective Date of the Contract—The performance of the Work, pursuant to date, indicated in the Agreement, on the terms of the Contract. which the Contract becomes effective. 29. Progress Schedule—A schedule, 20. Engineer—The individual or, entity prepared and maintained by Contractor, named as such in the Agreement. describing the sequence and duration of 21. Field Order—A written order issued by the activities comprising the Engineer which requires minor changes Contractor's plan to accomplish the in the Work but does not change the Work within the Contract Times. Contract Price or the Contract Times. 30. Project—The total undertaking to be 22. Hazardous Environmental Condition— accomplished for Owner by engineers, The presence at the Site of Constituents contractors, and others, including of Concern in such quantities or planning, study, design, construction, circumstances that may present a danger testing, commissioning, and startup, to persons or property exposed thereto. and of which the Work to be performed The presence at the Site of materials that under the Contract Documents is a part. are necessary for the execution of the 31. Project Manual—The written Work, or that are to be incorporated in documents prepared for, or made • the Work, and that are controlled and available for,procuring and constructing EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 52 the Work, including but not limited to standards, and workmanship as applied • the Bidding Documents or other to the Work, and certain administrative construction procurement documents, requirements and procedural matters geotechnical and existing conditions applicable to the Work. information, the Agreement, bond forms, General Conditions, 39. Subcontractor An individual or entity Supplementary Conditions, and having a direct contract with Contractor Specifications. The contents of the or with any other Subcontractor for the Project Manual may be bound in one or performance of a part of the Work. more volumes. 40. Substantial Completion—The time at 32, Resident Project Representative The which the Work (or a specified part authorized representative of Engineer thereof) has progressed to the point assigned to assist Engineer at the Site.As where, in the opinion of Engineer, the used herein, the term Resident Project Work (or a specified part thereof) is Representative or "RPR" includes any sufficiently complete, in accordance assistants or field staff of Resident with the Contract Documents,so that the Project Representative. Work(or a specified part thereof)can be utilized for the purposes for which it is 33. Samples—Physical examples of intended. The terms "substantially materials, equipment, or workmanship complete" and "substantially that are representative of some portion of completed"as applied to all or part of the the Work and that establish the standards Work refer to Substantial Completion by which such portion of the Work will thereof be judged. 41. Successful Bidder The Bidder whose 34. Schedule of Submittals—A schedule, Bid the Owner accepts,and to which the prepared and maintained by Contractor, Owner makes an award of contract, of required submittals and the time subject to stated conditions. requirements for Engineer's review of 42. Supplementary Conditions—The part of the submittals and the performance of • related construction activities. the Contract that amends or supplements these General Conditions. 35. Schedule of Values—A schedule, 43. Supplier—A manufacturer, fabricator, prepared and maintained by Contractor, allocating portions of the Contract Price supplier, distributor, materialman, or to various portions of the Work and used vendor having a direct contract with as the basis for reviewing Contractor's Contractor or with any Subcontractor to Applications for Payment. furnish materials or equipment to be incorporated in the Work by Contractor 36. Shop Drawings—All drawings, or a Subcontractor. diagrams, illustrations, schedules, and other data or information that are 44, Technical Data—Those items expressly specifically prepared or assembled by or identified as Technical Data in the Supplementary Conditions, with respect for Contractor and submitted by Contractor to illustrate some portion of to either(a) subsurface conditions at the Site, or physical conditions relating to the Work. Shop Drawings, whether existing surface or subsurface structures approved or not, are not Drawings and are not Contract Documents. at the Site (except Underground Facilities) or (b) Hazardous 37. Site—Lands or areas indicated in the Environmental Conditions at the Site. If Contract Documents as being furnished no such express identifications of by Owner upon which the Work is to be Technical Data have been made with performed, including rights-of-way and respect to conditions at the Site,then the easements, and such other lands data contained in boring logs, recorded furnished by Owner which are measurements of subsurface water designated for the use of Contractor. levels, laboratory test results, and other factual, objective information regarding 38. Specifications—The part of the Contract conditions at the Site that are set forth in that consists of written requirements for any geotechnical or environmental 11111 materials, equipment, systems, report prepared for the Project and made EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 52 available to Contractor are hereby or import are used to describe an action defined as Technical Data with respect to or determination of Engineer as to the • conditions at the Site under Paragraphs Work.It is intended that such exercise of 5.03,5.04,and 5.06. professional judgment, action, or determination will be solely to evaluate, 45. Underground Facilities—All in general,the Work for compliance with underground pipelines, conduits, ducts, the information in the Contract cables, wires, manholes, vaults, tanks, Documents and with the design concept tunnels, or other such facilities or of the Project as a functioning whole as attachments, and any encasements shown or indicated in the Contract containing such facilities, including but Documents (unless there is a specific not limited to those that convey statement indicating otherwise).The use electricity, gases, steam, liquid of any such term or adjective is not petroleum products, telephone or other intended to and shall not be effective to communications, fiber optic assign to Engineer any duty or authority transmissions, cable television, water, to supervise or direct the performance of wastewater,storm water,other liquids or the Work, or any duty or authority to chemicals, or traffic or other control undertake responsibility contrary to the systems. provisions of Article 10 or any other 46. Unit Price Work—Work to be paid for provision of the Contract Documents. on the basis of unit prices. C. Day: 47. Work—The entire construction or the 1. The word"day"means a calendar day of various separately identifiable parts 24 hours measured from midnight to the thereof required to be provided under the next midnight. Contract Documents.Work includes and is the result of performing or providing D. Defective: all labor, services, and documentation 1. The word "defective," when modifying necessary to produce such construction; the word"Work,"refers to Work that is furnishing, installing, and incorporating • all materials and equipment into such unsatisfactory,faulty,or deficient in that construction; and may include related it: services such as testing, start-up, and a. does not conform to the Contract commissioning, all as required by the Documents;or Contract Documents. b. does not meet the requirements of 48. Work Change Directive—A written any applicable inspection, directive to Contractor issued on or after reference standard, test, or the Effective Date of the Contract, approval referred to in the Contract signed by Owner and recommended by Documents;or Engineer,ordering an addition,deletion, or revision in the Work. c. has been damaged prior to Engineer's recommendation of 1.02 Terminology final payment (unless A. The words and terms discussed in the responsibility for the protection following paragraphs are not defined but, thereof has been assumed by when used in the Bidding Requirements or Owner at Substantial Completion Contract Documents, have the indicated in accordance with Paragraph 15.03 or 15.04). meaning. B. Intent of Certain Terms or Adjectives: E. Furnish,Install,Perform,Provide: 1. The Contract Documents include the 1• The word "furnish," when used in connection with services, materials, or terms "as allowed," "as approved," "as ordered," "as directed" or terms of like equipment, shall mean to supply and effect or import to authorize an exercise deliver said services, materials, or of professional judgment by Engineer.In equipment to the Site (or some other addition, the adjectives "reasonable," specified location) ready for use or "suitable," "acceptable," "proper," installation and in usable or operable "satisfactory,"or adjectives of like effect condition. 4111 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 52 2. The word "install," when used in insurance required to be provided by Owner • connection with services, materials, or under Article 6. equipment, shall mean to put into use or 2.02 Copies of Documents place in final position said services, materials, or equipment complete and A. Owner shall furnish to Contractor four printed ready for intended use. copies of the Contract (including one fully 3. The words "perform" or "provide," executed counterpart of the Agreement), and when used in connection with services, one copy in electronic portable document materials, or equipment, shall mean to format (PDF). Additional printed copies will furnish and install said services, be furnished upon request at the cost of materials, or equipment complete and reproduction. ready for intended use. B. Owner shall maintain and safeguard at least 4. If the Contract Documents establish an one original printed record version of the obligation of Contractor with respect to Contract, including Drawings and specific services, materials, or Specifications signed and sealed by Engineer and other design professionals. Owner shall equipment,but do not expressly use any make such original printed record version of of the four words "furnish," "install," "perform,"or"provide,"then Contractor the Contract available to Contractor for shall furnish and install said services, review. Owner may delegate the materials, or equipment complete and responsibilities under this provision to ready for intended use. Engineer. F. Unless stated otherwise in the Contract 2.03 Before Starting Construction Documents,words or phrases that have a well- A. Preliminary Schedules: Within 10 days after known technical or construction industry or the Effective Date of the Contract (or as trade meaning are used in the Contract otherwise specifically required by the Documents in accordance with such Contract Documents),Contractor shall submit recognized meaning. to Engineer for timely review: • ARTICLE 2--PRELIMINARY MATTERS I. a preliminary Progress Schedule indicating the times(numbers of days or 2.01 Delivery of Bonds and Evidence of Insurance dates) for starting and completing the various stages of the Work, including A. Bonds:When Contractor delivers the executed any Milestones specified in the Contract; counterparts of the Agreement to Owner, 2 a preliminary Schedule of Submittals; Contractor shall also deliver to Owner such and bonds as Contractor may be required to furnish. 3. a preliminary Schedule of Values for all B. Evidence of Contractor's Insurance: When of the Work which includes quantities Contractor delivers the executed counterparts and prices of items which when added of the Agreement to Owner, Contractor shall together equal the Contract Price and also deliver to Owner, with copies to each subdivides the Work into component parts in sufficient named insured and additional insured (as detail to serve as the identified in the Supplementary Conditions or basis for progress payments during elsewhere in the Contract),the certificates and performance of the Work. Such prices other evidence of insurance required to be will include an appropriate amount of provided by Contractor in accordance with overhead and profit applicable to each item of Work. Article 6. C. Evidence of Owner's Insurance: After receipt 2.04 Preconstruction Conference; Designation of of the executed counterparts of the Agreement Authorized Representatives and all required bonds and insurance A. Before any Work at the Site is started, a documentation, Owner shall promptly deliver conference attended by Owner, Contractor, to Contractor, with copies to each named Engineer, and others as appropriate will be insured and additional insured(as identified in held to establish a working understanding the Supplementary Conditions or otherwise), among the parties as to the Work and to • the certificates and other evidence of discuss the schedules referred to in Paragraph EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 52 2.03.A, procedures for handling Shop media or digital format, either directly, or Drawings, Samples, and other submittals, through access to a secure Project website. 411 processing Applications for Payment, B. If the Contract does not establish protocols for electronic or digital transmittals, and maintaining required records. electronic or digital transmittals,then Owner, Engineer,and Contractor shall jointly develop B. At this conference Owner and Contractor each such protocols. shall designate, in writing, a specific individual to act as its authorized C. When transmitting items in electronic media representative with respect to the services and or digital format,the transmitting party makes responsibilities under the Contract. Such no representations as to long term individuals shall have the authority to transmit compatibility, usability, or readability of the and receive information, render decisions items resulting from the recipient's use of relative to the Contract, and otherwise act on software application packages, operating behalf of each respective party. systems,or computer hardware differing from those used in the drafting or transmittal of the 2.05 Initial Acceptance of Schedules items, or from those established in applicable A. At least 10 days before submission of the first transmittal protocols. Application for Payment a conference, ARTICLE 3—DOCUMENTS:INTENT, attended by Contractor, Engineer, and others REQUIREMENTS,REUSE as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 3.01 Intent Paragraph 2.03.A. Contractor shall have an A. The Contract Documents are complementary; additional 10 days to make corrections and what is required by one is as binding as if adjustments and to complete and resubmit the required by all. schedules.No progress payment shall be made to Contractor until acceptable schedules are B. It is the intent of the Contract Documents to submitted to Engineer. describe a functionally complete project (or part thereof) to be constructed in accordance • 1, The Progress Schedule will be with the Contract Documents. acceptable to Engineer if it provides an orderly progression of the Work to C. Unless otherwise stated in the Contract Documents,if there is a discrepancy between completion within the Contract Times. Such acceptance will not impose on the electronic or digital versions of the Engineer responsibility for the Progress Contract Documents (including any printed Schedule,for sequencing,scheduling,or copies derived from such electronic or digital progress of the Work,nor interfere with versions) and the printed record version, the or relieve Contractor from Contractor's printed record version shall govern. full responsibility therefor. D. The Contract supersedes prior negotiations, representations, and agreements, whether 2. Contractors Schedule of Submittals will be acceptable to Engineer if it provides a written or oral. workable arrangement for reviewing and E. Engineer will issue clarifications and processing the required submittals. interpretations of the Contract Documents as 3. Contractor's Schedule of Values will be provided herein. acceptable to Engineer as to form and 3.02 Reference Standards substance if it provides a reasonable allocation of the Contract Price to the A. Standards Specifications, Codes, Laws and component parts of the Work. Regulations 2.06 Electronic Transmittals 1, Reference in the Contract Documents to standard specifications, manuals, A. Except as otherwise stated elsewhere in the reference standards, or codes of any Contract, the Owner, Engineer, and technical society, organization, or Contractor may transmit, and shall accept, association, or to Laws or Regulations, Project-related correspondence, text, data, whether such reference be specific or by documents, drawings, information, and implication, shall mean the standard graphics, including but not limited to Shop specification, manual, reference • Drawings and other submittals, in electronic EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 52 standard, code, or Laws or Regulations Documents and (a) any applicable Law III in effect at the time of opening of Bids or Regulation, (b) actual field (or on the Effective Date of the Contract conditions, (c) any standard if there were no Bids),except as may be specification, manual, reference otherwise specifically stated in the standard, or code, or(d) any instruction Contract Documents. of any Supplier, then Contractor shall promptly report it to Engineer in writing. 2. No provision of any such standard specification, manual, reference Contractor shall not proceed with the standard,or code,or any instruction of a Work affected thereby (except in an Supplier,shall be effective to change the emergency as required by Paragraph duties or responsibilities of Owner, 7.15)until the conflict,error,ambiguity, Contractor, or Engineer, or any of their or discrepancy is resolved, by a subcontractors, consultants, agents, or clarification or interpretation by employees, from those set forth in the Engineer, or by an amendment or part of the Contract Documents prepared supplement to the Contract Documents by or for Engineer.No such provision or issued pursuant to Paragraph 11.01. instruction shall be effective to assign to 3. Contractor shall not be liable to Owner Owner, Engineer, or any of their or Engineer for failure to report any officers, directors, members, partners, conflict,error,ambiguity,or discrepancy employees, agents, consultants, or in the Contract Documents unless subcontractors, any duty or authority to Contractor had actual knowledge supervise or direct the performance of thereof. the Work or any duty or authority to undertake responsibility inconsistent B. Resolving Discrepancies: with the provisions of the part of the 1. Except as may be otherwise specifically Contract Documents prepared by or for stated in the Contract Documents, the Engineer. provisions of the part of the Contract 3.03 Reporting and Resolving Discrepancies Documents prepared by or for Engineer III A. Reporting Discrepancies: shall take precedence in resolving any conflict,error,ambiguity,or discrepancy I. Contractor's Verification of Figures and between such provisions of the Contract Field Measurements: Before Documents and: undertaking each part of the Work, a. the provisions of any standard Contractor shall carefully study the specification, manual, reference Contract Documents, and check and standard,or code,or the instruction verify pertinent figures and dimensions of any Supplier (whether or not therein, particularly with respect to specifically incorporated by applicable field measurements. reference as a Contract Document); Contractor shall promptly report in or writing to Engineer any conflict, error, b. the provisions of any Laws or ambiguity, or discrepancy that Contractor discovers, or has actual Regulations applicable to the knowledge of,and shall not proceed with performance of the Work (unless any Work affected thereby until the such an interpretation of the conflict,error,ambiguity,or discrepancy provisions of the Contract is resolved, by a clarification or Documents would result in interpretation by Engineer, or by an violation of such Law or amendment or supplement to the Regulation). Contract Documents issued pursuant to 3.04 Requirements of the Contract Documents Paragraph 11.01. A. During the performance of the Work and until 2. Contractor's Review of Contract final payment, Contractor and Owner shall Documents: If, before or during the submit to the Engineer all matters in question performance of the Work, Contractor concerning the requirements of the Contract discovers any conflict, error, ambiguity, Documents(sometimes referred to as requests III or discrepancy within the Contract for information or interpretation—RFIs), or Documents, or between the Contract relating to the acceptability of the Work under EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 52 the Contract Documents, as soon as possible Contractor from retaining copies of the after such matters arise. Engineer will be the Contract Documents for record purposes. • initial interpreter of the requirements of the Contract Documents, and judge of the ARTICLE 4—COMMENCEMENT AND PROGRESS acceptability of the Work thereunder. OF THE WORK B. Engineer will, with reasonable promptness, render a written clarification,interpretation,or 4.01 Commencement of Contract Times; Notice to decision on the issue submitted, or initiate an Proceed amendment or supplement to the Contract A. The Contract Times will commence to run on Documents. Engineer's written clarification, the thirtieth day after the Effective Date of the interpretation, or decision will be final and Contract or,if a Notice to Proceed is given,on binding on Contractor, unless it appeals by the day indicated in the Notice to Proceed. A submitting a Change Proposal,and on Owner, Notice to Proceed may be given at any time unless it appeals by filing a Claim. within 30 days after the Effective Date of the C. If a submitted matter in question concerns Contract. In no event will the Contract Times terms and conditions of the Contract commence to run later than the sixtieth day Documents that do not involve (1) the after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, performance or acceptability of the Work under the Contract Documents,(2)the design whichever date is earlier. (as set forth in the Drawings, Specifications, 4.02 Starting the Work or otherwise), or (3) other engineering or A. Contractor shall start to perform the Work on technical matters,then Engineer will promptly give written notice to Owner and Contractor the date when the Contract Times commence to run.No Work shall be done at the Site prior that Engineer is unable to provide a decision or interpretation.If Owner and Contractor are to such date. unable to agree on resolution of such a matter 4.03 Reference Points in question,either party may pursue resolution as provided in Article 12. A. Owner shall provide engineering surveys to establish reference points for construction • 3.05 Reuse of Documents which in Engineer's judgment are necessary to A. Contractor and its Subcontractors and enable Contractor to proceed with the Work. Suppliers shall not: Contractor shall be responsible for laying out the Work, shall protect and preserve the 1. have or acquire any title to or ownership established reference points and property rights in any of the Drawings, monuments, and shall make no changes or Specifications, or other documents (or relocations without the prior written approval copies of any thereof) prepared by or of Owner. Contractor shall report to Engineer bearing the seal of Engineer or its whenever any reference point or property consultants, including electronic media monument is lost or destroyed or requires editions, or reuse any such Drawings, relocation because of necessary changes in Specifications, other documents, or grades or locations, and shall be responsible copies thereof on extensions of the for the accurate replacement or relocation of Project or any other project without such reference points or property monuments written consent of Owner and Engineer by professionally qualified personnel. and specific written verification or adaptation by Engineer;or 4.04 Progress Schedule 2. have or acquire any title or ownership A. Contractor shall adhere to the Progress rights in any other Contract Documents, Schedule established in accordance with reuse any such Contract Documents for Paragraph 2.05 as it may be adjusted from any purpose without Owner's express time to time as provided below. written consent, or violate any 1. Contractor shall submit to Engineer for copyrights pertaining to such Contract acceptance (to the extent indicated in Documents. Paragraph 2.05)proposed adjustments in B. The prohibitions of this Paragraph 3.05 will the Progress Schedule that will not result survive final payment, or termination of the in changing the Contract Times. Contract. Nothing herein shall preclude 411 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 52 2. Proposed adjustments in the Progress 3. acts or failures to act of utility owners • Schedule that will change the Contract (other than those performing other work Times shall be submitted in accordance at or adjacent to the Site by arrangement with the requirements of Article 11. with the Owner, as contemplated in B. Contractor shall carry on the Work and adhere Article 8);and to the Progress Schedule during all disputes or 4. acts of war or terrorism. disagreements with Owner.No Work shall be D. Delays, disruption, and interference to the delayed or postponed pending resolution of performance or progress of the Work resulting any disputes or disagreements, or during any from the existence of a differing subsurface or appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor physical condition, an Underground Facility that was not shown or indicated by the may otherwise agree in writing. Contract Documents, or not shown or 4.05 Delays in Contractor's Progress indicated with reasonable accuracy, and those A. If Owner, Engineer, or anyone for whom resulting from Hazardous Environmental Conditions,are governed by Article 5. Owner is responsible, delays, disrupts, or interferes with the performance or progress of E. Paragraph 8.03 governs delays, disruption, the Work,then Contractor shall be entitled to and interference to the performance or an equitable adjustment in the Contract Times progress of the Work resulting from the and Contract Price. Contractor's entitlement performance of certain other work at or to an adjustment of the Contract Times is adjacent to the Site. conditioned on such adjustment being F. Contractor shall not be entitled to an essential to Contractor's ability to complete adjustment in Contract Price or Contract the Work within the Contract Times. Times for any delay, disruption, or B. Contractor shall not be entitled to an interference if such delay is concurrent with a adjustment in Contract Price or Contract delay,disruption,or interference caused by or Times for delay, disruption, or interference within the control of Contractor. • caused by or within the control of Contractor. G. Contractor must submit any Change Proposal Delay, disruption, and interference attributable to and within the control of a seeking an adjustment in Contract Price or Subcontractor or Supplier shall be deemed to Contract Times under this paragraph within 30 be within the control of Contractor. days of the commencement of the delaying, disrupting,or interfering event. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by ARTICLE 5—AVAILABILITY OF LANDS; unanticipated causes not the fault of and SUBSURFACE AND PHYSICAL CONDITIONS; beyond the control of Owner, Contractor,and HAZARDOUS ENVIRONMENTAL CONDITIONS those for which they are responsible, then Contractor shall be entitled to an equitable 5.01 Availability of Lands adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract A. Owner shall furnish the Site. Owner shall Times is conditioned on such adjustment notify Contractor of any encumbrances or restrictions not of general application but being essential to Contractor's ability to complete the Work within the Contract Times. specifically related to use of the Site with Such an adjustment shall be Contractor's sole which Contractor must comply in performing and exclusive remedy for the delays, the Work. disruption, and interference described in this B. Upon reasonable written request, Owner shall paragraph. Causes of delay, disruption, or furnish Contractor with a current statement of interference that may give rise to an record legal title and legal description of the adjustment in Contract Times under this lands upon which permanent improvements paragraph include but are not limited to the are to be made and Owner's interest therein as following: necessary for giving notice of or filing a 1. severe and unavoidable natural mechanic's or construction lien against such catastrophes such as fires, floods, lands in accordance with applicable Laws and epidemics,and earthquakes; Regulations. • 2. abnormal weather conditions; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 52 C. Contractor shall provide for all additional court or arbitration or other dispute • lands and access thereto that may be required resolution costs)arising out of or relating for temporary construction facilities or storage to any claim or action,legal or equitable, of materials and equipment. brought by any such owner or occupant 5.02 Use of Site and Other Areas against Owner, Engineer, or any other party indemnified hereunder to the A. Limitation on Use of Site and Other Areas: extent caused directly or indirectly, in whole or in part by, or based upon, I. Contractor shall confine construction equipment, temporary construction Contractor's performance of the Work, or because of other actions or conduct of facilities, the storage of materials and the Contractor or those for which equipment, and the operations of Contractor is responsible. workers to the Site, adjacent areas that Contractor has arranged to use through B. Removal ofDebris During Performance of the construction easements or otherwise, Work: During the progress of the Work the and other adjacent areas permitted by Contractor shall keep the Site and other Laws and Regulations, and shall not adjacent areas free from accumulations of unreasonably encumber the Site and waste materials, rubbish, and other debris. such other adjacent areas with Removal and disposal of such waste materials, construction equipment or other rubbish, and other debris shall conform to materials or equipment. Contractor shall applicable Laws and Regulations. assume full responsibility for(a)damage C. Cleaning: Prior to Substantial Completion of to the Site;(b)damage to any such other the Work Contractor shall clean the Site and adjacent areas used for Contractor's the Work and make it ready for utilization by operations; (c) damage to any other Owner. At the completion of the Work adjacent land or areas; and (d) for Contractor shall remove from the Site and injuries and losses sustained by the adjacent areas all tools, appliances, owners or occupants of any such land or construction equipment and machinery, and areas; provided that such damage or surplus materials and shall restore to original • injuries result from the performance of condition all property not designated for the Work or from other actions or alteration by the Contract Documents. conduct of the Contractor or those for which Contractor is responsible. D. Loading of Structures: Contractor shall not 2. If a damage or injury claim is made by load nor permit any part of any structure to be the owner or occupant of any such land loaded in any manner that will endanger the or area because of the performance of the structure,nor shall Contractor subject any part Work, or because of other actions or of the Work or adjacent structures or land to conduct of the Contractor or those for stresses or pressures that will endanger them. which Contractor is responsible, 5.03 Subsurface and Physical Conditions Contractor shall (a) take immediate A. Reports and Drawings: The Supplementary corrective or remedial action as required Conditions identify: by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to 1. those reports known to Owner of all parties through negotiations with explorations and tests,of subsurface such owner or occupant, or otherwise conditions at or adjacent to the Site; resolve the claim by arbitration or other dispute resolution proceeding, or at law; 2. those drawings known to Owner of and(c)to the fullest extent permitted by physical conditions relating to existing Laws and Regulations, indemnify and surface or subsurface structures at the hold harmless Owner and Engineer, and Site (except Underground Facilities); the officers, directors, members, and partners, employees, agents, consultants 3. Technical Data contained in such reports and subcontractors of each and any of and drawings. them from and against any such claim, and against all costs, losses, and B. Reliance by Contractor on Technical Data damages(including but not limited to all Authorized: Contractor may rely upon the fees and charges of engineers,architects, accuracy of the Technical Data expressly • attorneys,and other professionals and all identified in the Supplementary Conditions EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 52 with respect to such reports and drawings,but and Engineer in writing about such condition. II/ such reports and drawings are not Contract Contractor shall not further disturb such Documents. If no such express identification condition or perform any Work in connection has been made,then Contractor may rely upon therewith (except with respect to an the accuracy of the Technical Data(as defined emergency)until receipt of a written statement in Article 1)contained in any geotechnical or permitting Contractor to do so. environmental report prepared for the Project B. Engineer's Review: After receipt of written and made available to Contractor. Except for notice as required by the preceding paragraph, such reliance on Technical Data, Contractor may not rely upon or make any claim against Engineer will promptly review the subsurface or physical condition in question; determine Owner or Engineer, or any of their officers, directors, members, partners, employees, the necessity of Owner's obtaining additional agents, consultants, or subcontractors, with exploration or tests with respect to the respect to: condition; conclude whether the condition falls within any one or more of the differing 1. the completeness of such reports and site condition categories in Paragraph 5.04.A drawings for Contractor's purposes, above; obtain any pertinent cost or schedule including,but not limited to,any aspects information from Contractor; prepare of the means, methods, techniques, recommendations to Owner regarding the sequences, and procedures of Contractor's resumption of Work in construction to be employed by connection with the subsurface or physical Contractor, and safety precautions and condition in question and the need for any programs incident thereto;or change in the Drawings or Specifications;and 2. other data, interpretations,opinions,and advise Owner in writing of Engineer's information contained in such reports or findings,conclusions,and recommendations. shown or indicated in such drawings;or C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's 3. any Contractor interpretation of or conclusion drawn from any Technical written findings, conclusions, and 411 Data or any such other data, recommendations,Owner shall issue a written interpretations,opinions,or information. statement to Contractor (with a copy to Engineer) regarding the subsurface or 5.04 Differing Subsurface or Physical Conditions physical condition in question,addressing the A. Notice by Contractor: If Contractor believes resumption of Work in connection with such that any subsurface or physical condition that condition, indicating whether any change in is uncovered or revealed at the Site either: the Drawings or Specifications will be made, and adopting or rejecting Engineer's written 1. is of such a nature as to establish that any findings, conclusions, and recommendations, Technical Data on which Contractor is in whole or in part. entitled to rely as provided in Paragraph D. Possible Price and Times Adjustments: 5.03 is materially inaccurate;or 2. is of such a nature as to require a change 1• Contractor shall be entitled to an in the Drawings or Specifications;or equitable adjustment in Contract Price or Contract Times, or both, to the extent 3. differs materially from that shown or that the existence of a differing indicated in the Contract Documents;or subsurface or physical condition, or any related delay,disruption,or interference, 4. is of an unusual nature, and differs causes an increase or decrease in materially from conditions ordinarily Contractor's cost of,or time required for, encountered and generally recognized as performance of the Work; subject, inherent in work of the character however,to the following: provided for in the Contract Documents; a. such condition must fall within any then Contractor shall, promptly after becoming aware thereof and before further one or more of the categories disturbing the subsurface or physical described in Paragraph 5.04.A; conditions or performing any Work in b. with respect to Work that is paid for connection therewith(except in an emergency on a unit price basis, any as required by Paragraph 7.15), notify Owner adjustment in Contract Price will EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 52 be subject to the provisions of Underground Facilities at or adjacent to the Paragraph 13.03;and, Site is based on information and data III c. Contractor's entitlement to an furnished to Owner or Engineer by the owners adjustment of the Contract Times is of such Underground Facilities, including Owner, or by others. Unless it is otherwise conditioned on such adjustment expressly provided in the Supplementary being essential to Contractor's Conditions: ability to complete the Work within the Contract Times. 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness 2. Contractor shall not be entitled to any of any such information or data provided adjustment in the Contract Price or by others;and Contract Times with respect to a subsurface or physical condition if: 2. the cost of all of the following will be included in the Contract Price, and a. Contractor knew of the existence of Contractor shall have full responsibility such condition at the time for: Contractor made a commitment to Owner with respect to Contract a. reviewing and checking all Price and Contract Times by the information and data regarding submission of a Bid or becoming existing Underground Facilities at bound under a negotiated contract, the Site; or otherwise;or b. locating all Underground Facilities b. the existence of such condition shown or indicated in the Contract reasonably could have been Documents as being at the Site; discovered or revealed as a result of c. coordination of the Work with the any examination, investigation, owners (including Owner) of such exploration, test, or study of the Underground Facilities, during Site and contiguous areas expressly construction;and required by the Bidding 411 Requirements or Contract d. the safety and protection of all Documents to be conducted by or existing Underground Facilities at for Contractor prior to Contractor's the Site, and repairing any damage making such commitment;or thereto resulting from the Work. c. Contractor failed to give the B. Notice by Contractor: If Contractor believes written notice as required by that an Underground Facility that is uncovered Paragraph 5.04.A. or revealed at the Site was not shown or 3. If Owner and Contractor agree regarding indicated in the Contract Documents, or was Contractor's entitlement to and the not shown or indicated with reasonable amount or extent of any adjustment in accuracy, then Contractor shall, promptly the Contract Price or Contract Times,or after becoming aware thereof and before both, then any such adjustment shall be further disturbing conditions affected thereby set forth in a Change Order. or performing any Work in connection therewith(except in an emergency as required 4. Contractor may submit a Change by Paragraph 7.15),identify the owner of such Proposal regarding its entitlement to or Underground Facility and give written notice the amount or extent of any adjustment to that owner and to Owner and Engineer. in the Contract Price or Contract Times, C. Engineer's Review: Engineer will promptly or both, no later than 30 days after review the Underground Facility and conclude Owner's issuance of the Owner's written whether such Underground Facility was not statement to Contractor regarding the shown or indicated in the Contract subsurface or physical condition in Documents, or was not shown or indicated question. with reasonable accuracy;obtain any pertinent 5.05 Underground Facilities cost or schedule information from Contractor; prepare recommendations to Owner regarding A. Contractor's Responsibilities: The information and data shown or indicated in the the Contractors resumption of Work in Contract Documents with respect to existing connection with the Underground Facility inIII question; determine the extent, if any, to EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 52 which a change is required in the Drawings or d. Contractor gave the notice required • Specifications to reflect and document the in Paragraph 5.05.B. 2. consequences of the existence or location of the Underground Facility; and advise Owner If Owner and Contractor agree regarding Contractor's entitlement to and the in writing of Engineer's findings, amount or extent of any adjustment in conclusions, and recommendations. During the Contract Price or Contract Times,or such time, Contractor shall be responsible for both, then any such adjustment shall be the safety and protection of such Underground set forth in a Change Order. Facility. D. Owner's Statement to Contractor Regarding 3. Contractor may submit a Change Underground Facility: After receipt of Proposal regarding its entitlement to or Engineer's written findings, conclusions, and the amount or extent of any adjustment recommendations,Owner shall issue a written in the Contract Price or Contract Times, statement to Contractor (with a copy to or both, no later than 30 days after Engineer)regarding the Underground Facility Owner's issuance of the Owner's written in question, addressing the resumption of statement to Contractor regarding the Work in connection with such Underground Underground Facility in question. Facility, indicating whether any change in the 5.06 Hazardous Environmental Conditions at Site Drawings or Specifications will be made, and adopting or rejecting Engineer's written A. Reports and Drawings: The Supplementary findings, conclusions, and recommendations Conditions identify: in whole or in part. 1. those reports and drawings known to E. Possible Price and Times Adjustments: Owner relating to Hazardous Environmental Conditions that have 1. Contractor shall be entitled to an been identified at or adjacent to the Site; equitable adjustment in the Contract and Price or Contract Times, or both, to the extent that any existing Underground 2. Technical Data contained in such reports Facility at the Site that was not shown or and drawings. • indicated in the Contract Documents, or B. Reliance by Contractor on Technical Data was not shown or indicated with Authorized: Contractor may rely upon the reasonable accuracy, or any related accuracy of the Technical Data expressly delay,disruption,or interference,causes identified in the Supplementary Conditions an increase or decrease in Contractor's with respect to such reports and drawings,but cost of, or time required for, such reports and drawings are not Contract performance of the Work; subject, Documents. If no such express identification however,to the following: has been made, then Contractor may rely on a. Contractor did not know of and the accuracy of the Technical Data(as defined could not reasonably have been in Article 1)contained in any geotechnical or expected to be aware of or to have environmental report prepared for the Project anticipated the existence or actual and made available to Contractor. Except for location of the Underground such reliance on Technical Data, Contractor Facility in question; may not rely upon or make any claim against Owner or Engineer, or any of their officers, b. With respect to Work that is paid directors, members, partners, employees, for on a unit price basis, any agents, consultants, or subcontractors with adjustment in Contract Price will respect to: be subject to the provisions of I. the completeness of such reports and Paragraph 13.03; drawings for Contractor's purposes, c. Contractor's entitlement to an including,but not limited to,any aspects adjustment of the Contract Times is of the means, methods, techniques, conditioned on such adjustment sequences and procedures of being essential to Contractor's construction to be employed by ability to complete the Work within Contractor and safety precautions and the Contract Times;and programs incident thereto;or • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 52 2. other data, interpretations, opinions and F. Contractor shall not resume Work in information contained in such reports or connection with such Hazardous • shown or indicated in such drawings;or Environmental Condition or in any affected 3. any Contractor interpretation of or area until after Owner has obtained any required permits related thereto,and delivered conclusion drawn from any Technical Data or any such other data, written notice to Contractor either (1) interpretations,opinions or information. specifying that such condition and any affected area is or has been rendered safe for C. Contractor shall not be responsible for the resumption of Work,or(2)specifying any removing or remediating any Hazardous special conditions under which such Work Environmental Condition encountered, may be resumed safely. uncovered, or revealed at the Site unless such G. If Owner and Contractor cannot agree as to removal or remediation is expressly identified entitlement to or on the amount or extent, if in the Contract Documents to be within the any, of any adjustment in Contract Price or scope of the Work. Contract Times, or both, as a result of such D. Contractor shall be responsible for Work stoppage or such special conditions controlling,containing,and duly removing all under which Work is agreed to be resumed by Constituents of Concern brought to the Site by Contractor, then within 30 days of Owner's Contractor, Subcontractors, Suppliers, or written notice regarding the resumption of anyone else for whom Contractor is Work, Contractor may submit a Change responsible, and for any associated costs; and Proposal,or Owner may impose a set-off for the costs of removing and remediating any H. If after receipt of such written notice Hazardous Environmental Condition created Contractor does not agree to resume such by the presence of any such Constituents of Work based on a reasonable belief it is unsafe, Concern. or does not agree to resume such Work under E. If Contractor encounters,uncovers,or reveals such special conditions, then Owner may a Hazardous Environmental Condition whose order the portion of the Work that is in the area removal or remediation is not expressly affected by such condition to be deleted from • identified in the Contract Documents as being the Work, following the contractual change within the scope of the Work,or if Contractor procedures in Article 11. Owner may have or anyone for whom Contractor is responsible such deleted portion of the Work performed creates a Hazardous Environmental by Owner's own forces or others in Condition,then Contractor shall immediately: accordance with Article 8. (1)secure or otherwise isolate such condition; I. To the fullest extent permitted by Laws and (2) stop all Work in connection with such Regulations, Owner shall indemnify and hold condition and in any area affected thereby harmless Contractor, Subcontractors, and (except in an emergency as required by Engineer, and the officers, directors, Paragraph 7.15); and (3) notify Owner and members, partners, employees, agents, Engineer (and promptly thereafter confirm consultants, and subcontractors of each and such notice in writing). Owner shall promptly any of them from and against all claims,costs, consult with Engineer concerning the losses,and damages(including but not limited necessity for Owner to retain a qualified to all fees and charges of engineers,architects, expert to evaluate such condition or take attorneys,and other professionals and all court corrective action, if any. Promptly after or arbitration or other dispute resolution costs) consulting with Engineer, Owner shall take such actions as are necessary to permit Owner arising out of or relating to a Hazardous to timely obtain required permits and provide Environmental Condition, provided that such Contractor the written notice required by Hazardous Environmental Condition (1) was Paragraph 5.06.F. If Contractor or anyone for not shown or indicated in the Drawings, whom Contractor is responsible created the Specifications, or other Contract Documents, Hazardous Environmental Condition in identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or question, then Owner may remove and remediate the Hazardous Environmental identified in the Contract Documents to be Condition, and impose a set-off against included within the scope of the Work,and(2) payments to account for the associated costs. was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner 1111 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 52 to indemnify any individual or entity from and Acceptable Reinsuring Companies" as against the consequences of that individual's published in Circular 570 (as amended and or entity's own negligence. supplemented) by the Financial Management J. To the fullest extent permitted by Laws and Service, Surety Bond Branch, U.S. Department of the Treasury.A bond signed by Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the an agent or attorney-in-fact must be officers, directors, members, partners, accompanied by a certified copy of that individual's authority to bind the surety. The employees, agents, consultants, and subcontractors of each and any of them from evidence of authority shall show that it is and against all claims, costs, losses, and effective on the date the agent or attorney-in- damages (including but not limited to all fees fact signed the accompanying bond. and charges of engineers,architects,attorneys, C. Contractor shall obtain the required bonds and other professionals and all court or from surety companies that are duly licensed arbitration or other dispute resolution costs) or authorized in the jurisdiction in which the arising out of or relating to the failure to Project is located to issue bonds in the control, contain, or remove a Constituent of required amounts. Concern brought to the Site by Contractor or D. If the surety on a bond furnished by Contractor by anyone for whom Contractor is responsible,or to a Hazardous Environmental is declared bankrupt or becomes insolvent, or Condition created by Contractor or by anyone its right to do business is terminated in any for whom Contractor is responsible. Nothing state or jurisdiction where any part of the in this Paragraph 5.06.J shall obligate Project is located,or the surety ceases to meet the requirements above,then Contractor shall Contractor to indemnify any individual or entity from and against the consequences of promptly notify Owner and Engineer and shall,within 20 days after the event giving rise that individual's or entity's own negligence. to such notification,provide another bond and K. The provisions of Paragraphs 5.03, 5.04, and surety, both of which shall comply with the 5.05 do not apply to the presence of bond and surety requirements above. • Constituents of Concern or to a Hazardous E. If Contractor has failed to obtain a required Environmental Condition uncovered or bond, Owner may exclude the Contractor revealed at the Site. from the Site and exercise Owner's ARTICLE 6—BONDS AND INSURANCE termination rights under Article 16. F. Upon request, Owner shall provide a copy of 6.01 Performance, Payment, and Other Bonds the payment bond to any Subcontractor, Supplier,or other person or entity claiming to A. Contractor shall furnish a performance bond have furnished labor or materials used in the and a payment bond, each in an amount at least equal to the Contract Price, as security performance of the Work. for the faithful performance and payment of 6.02 Insurance—General Provisions all of Contractor's obligations under the A. Owner and Contractor shall obtain and Contract. These bonds shall remain in effect maintain insurance as required in this Article until one year after the date when final and in the Supplementary Conditions. payment becomes due or until completion of the correction period specified in Paragraph B. All insurance required by the Contract to be 15.08, whichever is later, except as provided purchased and maintained by Owner or otherwise by Laws or Regulations, the Contractor shall be obtained from insurance Supplementary Conditions, or other specific companies that are duly licensed or provisions of the Contract. Contractor shall authorized,in the state or jurisdiction in which also furnish such other bonds as are required the Project is located, to issue insurance by the Supplementary Conditions or other policies for the required limits and coverages. specific provisions of the Contract. Unless a different standard is indicated in the B. All bonds shall be in the form prescribed by Supplementary Conditions,all companies that the Contract except as provided otherwise by provide insurance policies required under this Laws or Regulations,and shall be executed by Contract shall have an A.M.Best rating of A- such sureties as are named in "Companies VII or better. • Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as C. Contractor shall deliver to Owner,with copies to each named insured and additional insured EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 52 (as identified in this Article, in the H. Without prejudice to any other right or Supplementary Conditions, or elsewhere in remedy,if a party has failed to obtain required • the Contract), certificates of insurance insurance,the other party may elect to obtain establishing that Contractor has obtained and equivalent insurance to protect such other is maintaining the policies, coverages, and party's interests at the expense of the party endorsements required by the Contract. Upon who was required to provide such coverage, request by Owner or any other insured, and the Contract Price shall be adjusted Contractor shall also furnish other evidence of accordingly. such required insurance, including but not I. Owner does not represent that insurance limited to copies of policies and coverage and limits established in this endorsements, and documentation of Contract necessarily will be adequate to applicable self-insured retentions and protect Contractor or Contractor's interests. deductibles.Contractor may block out(redact) any confidential premium or pricing J. The insurance and insurance limits required information contained in any policy or herein shall not be deemed as a limitation on endorsement furnished under this provision. Contractor's liability under the indemnities D. Owner shall deliver to Contractor,with copies granted to Owner and other individuals and to each named insured and additional insured entities in the Contract. (as identified in this Article, the 6.03 Contractor's Insurance Supplementary Conditions, or elsewhere in A. Workers' Compensation: Contractor shall the Contract), certificates of insurance purchase and maintain workers'compensation establishing that Owner has obtained and is maintaining the policies, coverages, and and employer's liability insurance for: endorsements required of Owner by the 1. claims under workers' compensation, Contract(if any). Upon request by Contractor disability benefits, and other similar or any other insured,Owner shall also provide employee benefit acts. other evidence of such required insurance (if any), including but not limited to copies of 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones policies and endorsements, and • documentation of applicable self-insured Act coverage(if applicable). retentions and deductibles. Owner may block 3, claims for damages because of bodily out (redact) any confidential premium or injury, occupational sickness or disease, pricing information contained in any policy or or death of Contractor's employees (by endorsement furnished under this provision. stop-gap endorsement in monopolist E. Failure of Owner or Contractor to demand worker's compensation states). such certificates or other evidence of the other 4. Foreign voluntary worker compensation party's full compliance with these insurance (if applicable). requirements, or failure of Owner or B. Commercial General Liability—Claims Contractor to identify a deficiency in compliance from the evidence provided, shall Covered: Contractor shall purchase and not be construed as a waiver of the other maintain commercial general liability party's obligation to obtain and maintain such insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, insurance. against: F. If either party does not purchase or maintain all of the insurance required of such party by 1. claims for damages because of bodily the Contract, such party shall notify the other injury, sickness or disease, or death of party in writing of such failure to purchase any person other than Contractor's prior to the start of the Work,or of such failure employees. to maintain prior to any change in the required 2. claims for damages insured by coverage. reasonably available personal injury G. If Contractor has failed to obtain and maintain liability coverage. required insurance, Owner may exclude the 3. claims for damages, other than to the Contractor from the Site, impose an Work itself, because of injury to or appropriate set-off against payment, and destruction of tangible property exercise Owner's termination rights under • Article 16. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 52 wherever located, including loss of use liability insurance written over the underlying • resulting therefrom. employer's liability, commercial general C. Commercial General Liability—Form and liability, and automobile liability insurance Content: Contractor's commercial liability described in the paragraphs above. Subject to policy shall be written on a 1996(or later)ISO industry standard exclusions, the coverage commercial general liability form(occurrence afforded shall follow form as to each and form)and include the following coverages and every one of the underlying policies. endorsements: F. Contractor's pollution liability insurance: 1. Products and completed operations Contractor shall purchase and maintain a policy covering third-party injury and coverage: property damage claims, including clean-up a. Such insurance shall be maintained costs, as a result of pollution conditions for three years after final payment. arising from Contractor's operations and b. Contractor shall furnish Owner and completed operations.This insurance shall be each other additional insured (as maintained for no less than three years after identified in the Supplementary final completion. Conditions or elsewhere in the G. Additional insureds: The Contractor's Contract) evidence of continuation commercial general liability, automobile of such insurance at final payment liability, umbrella or excess, and pollution and three years thereafter. liability policies shall include and list as 2. Blanket contractual liability coverage,to additional insureds Owner and Engineer, and any individuals or entities identified in the the extent permitted by law, including but not limited to coverage of Supplementary Conditions; include coverage for the respective officers,directors,members, Contractor's contractual indemnity partners, employees, agents, consultants, and obligations in Paragraph 7.18. subcontractors of each and any of all such 3. Broad form property damage coverage. additional insureds; and the insurance afforded to these additional insureds shall • 4. Severability of interest. provide primary coverage for all claims 5. Underground, explosion, and collapse covered thereby(including as applicable those coverage. arising from both ongoing and completed operations) on a non-contributory basis. 6. Personal injury coverage. Contractor shall obtain all necessary 7. Additional insured endorsements that endorsements to support these requirements. include both ongoing operations and H. Contractor's professional liability insurance: products and completed operations If Contractor will provide or furnish coverage through ISO Endorsements CG professional services under this Contract, 20 10 10 01 and CG 20 37 10 01 through a delegation of professional design (together);or CG 20 10 07 04 and CG 20 services or otherwise,then Contractor shall be 37 07 04(together);or their equivalent. responsible for purchasing and maintaining 8. For design professional additional applicable professional liability insurance. insureds,ISO Endorsement CG 20 32 07 This insurance shall provide protection 04, "Additional Insured—Engineers, against claims arising out of performance of Architects or Surveyors Not Engaged by professional design or related services, and the Named Insured"or its equivalent. caused by a negligent error, omission, or act for which the insured party is legally liable.It D. Automobile liability: Contractor shall shall be maintained throughout the duration of purchase and maintain automobile liability the Contract and for a minimum of two years insurance against claims for damages because after Substantial Completion. If such of bodily injury or death of any person or professional design services are performed by property damage arising out of the ownership, a Subcontractor, and not by Contractor itself, maintenance,or use of any motor vehicle.The then the requirements of this paragraph may automobile liability policy shall be written on be satisfied through the purchasing and an occurrence basis. maintenance of such insurance by such E. Umbrella or excess liability: Contractor shall Subcontractor. • purchase and maintain umbrella or excess EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 52 I. General provisions: The policies of insurance B. Owner's liability policies, if any, operate required by this Paragraph 6.03 shall: separately and independently from policies III 1. include at least the specific coverages required to be provided by Contractor, and Contractor cannot rely upon Owner's liability provided in this Article. policies for any of Contractor's obligations to 2. be written for not less than the limits of the Owner,Engineer,or third parties. liability provided in this Article and in 6.05 Property Insurance the Supplementary Conditions, or required by Laws or Regulations, A. Builder's Risk: Unless otherwise provided in whichever is greater. the Supplementary Conditions, Contractor 3. contain a provision or endorsement that shall purchase and maintain builder's risk the coverage afforded will not be insurance upon the Work on a completed value basis,in the amount of the full insurable canceled,materially changed,or renewal refused until at least 10 days prior replacement cost thereof (subject to such written notice has been given to deductible amounts as may be provided in the Contractor. Within three days of receipt Supplementary Conditions or required by of any such written notice, Contractor Laws and Regulations).This insurance shall: shall provide a copy of the notice to 1. include the Owner and Contractor as Owner,Engineer,and each other insured named insureds, and all Subcontractors, under the policy. and any individuals or entities required 4. remain in effect at least until final by the Supplementary Conditions to be payment (and longer if expressly insured under such builder's risk policy, required in this Article) and at all times as insureds or named insureds. For thereafter when Contractor may be purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and correcting, removing, or replacing defective Work as a warranty or 6.07, and any corresponding correction obligation, or otherwise, or Supplementary Conditions, the parties returning to the Site to conduct other required to be insured shall collectively tasks arising from the Contract be referred to as"insureds." • Documents. 2. be written on a builder's risk "all risk" policy form that shall at least include 5. be appropriate for the Work being performed and provide protection from insurance for physical loss or damage to claims that may arise out of or result the Work, temporary buildings, falsework, and materials and equipment from Contractor's performance of the Work and Contractor's other obligations in transit,and shall insure against at least under the Contract Documents, whether the following perils or causes of loss: it is to be performed by Contractor, any fire; lightning; windstorm; riot; civil Subcontractor or Supplier,or by anyone commotion; terrorism; vehicle impact; directly or indirectly employed by any of aircraft; smoke; theft; vandalism and them to perform any of the Work, or by malicious mischief; mechanical anyone for whose acts any of them may breakdown, boiler explosion, and be liable. artificially generated electric current; earthquake; volcanic activity, and other J. The coverage requirements for specific earth movement; flood; collapse; policies of insurance must be met by such explosion; debris removal; demolition policies, and not by reference to excess or occasioned by enforcement of Laws and umbrella insurance provided in other policies. Regulations; water damage (other than 6.04 Owner's Liability Insurance that caused by flood); and such other perils or causes of loss as may be A. In addition to the insurance required to be specifically required by the provided by Contractor under Paragraph 6.03, Supplementary Conditions. If insurance Owner, at Owner's option,may purchase and against mechanical breakdown, boiler maintain at Owner's expense Owner's own explosion, and artificially generated liability insurance as will protect Owner electric current; earthquake; volcanic against claims which may arise from activity, and other earth movement; or operations under the Contract Documents. flood, are not commercially available III under builder's risk policies, by EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 52 endorsement or otherwise, such 12, include performance/hot testing and insurance may be provided through other start-up. • insurance policies acceptable to Owner and Contractor. 13. be maintained in effect, subject to the provisions herein regarding Substantial 3. cover, as insured property, at least the Completion and partial occupancy or use following: (a) the Work and all of the Work by Owner,until the Work is materials, supplies, machinery, complete. apparatus,equipment,fixtures,and other property of a similar nature that are to be B. Notice of Cancellation or Change: All the incorporated into or used in the policies of insurance (and the certificates or preparation, fabrication, construction, other evidence thereof) required to be erection, or completion of the Work, purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or including Owner-furnished or assigned property; (b) spare parts inventory endorsement that the coverage afforded will required within the scope of the not be canceled or materially changed or Contract; and (c) temporary works renewal refused until at least 10 days prior which are not intended to form part of written notice has been given to the the permanent constructed Work but purchasing policyholder. Within three days of receipt of any such written notice, the which are intended to provide working access to the Site, or to the Work under purchasing policyholder shall provide a copy construction, or which are intended to of the notice to each other insured. provide temporary support for the Work C. Deductibles: The purchaser of any required under construction, including builder's risk or property insurance shall pay scaffolding, form work, fences, shoring, for costs not covered because of the falsework,and temporary structures. application of a policy deductible. 4. cover expenses incurred in the repair or D. Partial Occupancy or Use by Owner: If replacement of any insured property Owner will occupy or use a portion or portions (including but not limited to fees and of the Work prior to Substantial Completion • charges of engineers and architects). of all the Work as provided in Paragraph 5. extend to cover damage or loss to insured 15.04, then Owner (directly, if it is the property while in temporary storage at purchaser of the builder's risk policy, or the Site or in a storage location outside through Contractor) will provide notice of the Site (but not including property such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not stored at the premises of a manufacturer or Supplier). be canceled or permitted to lapse on account of any such partial use or occupancy; rather, 6. extend to cover damage or loss to insured those portions of the Work that are occupied property while in transit. or used by Owner may come off the builder's 7. allow for partial occupation or use of the risk policy, while those portions of the Work Work by Owner,such that those portions not yet occupied or used by Owner shall of the Work that are not yet occupied or remain covered by the builder's risk used by Owner shall remain covered by insurance. the builder's risk insurance. E. Additional Insurance: If Contractor elects to 8, allow for the waiver of the insurer's obtain other special insurance to be included subrogation rights,as set forth below. in or supplement the builder's risk or property insurance policies provided under this 9. provide primary coverage for all losses Paragraph 6.05, it may do so at Contractor's and damages caused by the perils or expense. causes of loss covered. F. Insurance of Other Property: If the express 10, not include a co-insurance clause. insurance provisions of the Contract do not 11. include an exception for ensuing losses require or address the insurance of a property from physical damage or loss with item or interest, such as tools, construction respect to any defective workmanship, equipment, or other personal property owned by Contractor, a Subcontractor, or an design,or materials exclusions. employee of Contractor or a Subcontractor, 4111 then the entity or individual owning such EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 52 property item will be responsible for deciding Substantial Completion pursuant to whether to insure it,and if so in what amount. Paragraph 15.03, or after final payment • 6.06 Waiver of Rights pursuant to Paragraph 15.06. A. All policies purchased in accordance with C. Any insurance policy maintained by Owner covering any loss, damage or consequential Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions loss referred to in Paragraph 6.06.B shall to the effect that in the event of payment of contain provisions to the effect that in the event of payment of any such loss,damage,or any loss or damage the insurers will have no rights of recovery against any insureds consequential loss, the insurers will have no thereunder, or against Engineer or its rights of recovery against Contractor, consultants, or their officers, directors, Subcontractors, or Engineer, or the officers, members, partners, employees, agents, directors, members, partners, employees, consultants, or subcontractors. Owner and agents, consultants, or subcontractors of each Contractor waive all rights against each other and any of them. and the respective officers, directors, D. Contractor shall be responsible for assuring members, partners, employees, agents, that the agreement under which a consultants, and subcontractors of each and Subcontractor performs a portion of the Work any of them,for all losses and damages caused contains provisions whereby the by,arising out of,or resulting from any of the Subcontractor waives all rights against perils or causes of loss covered by such Owner, Contractor, all individuals or entities policies and any other property insurance identified in the Supplementary Conditions as applicable to the Work; and, in addition, insureds,the Engineer and its consultants,and waive all such rights against Engineer, its the officers, directors, members, partners, consultants,all Subcontractors,all individuals employees, agents, consultants, and or entities identified in the Supplementary subcontractors of each and any of them,for all Conditions as insureds, and the officers, losses and damages caused by, arising out of, directors, members, partners, employees, relating to, or resulting from any of the perils agents, consultants, and subcontractors of or causes of loss covered by builder's risk each and any of them,under such policies for insurance and any other property insurance • losses and damages so caused. None of the applicable to the Work. above waivers shall extend to the rights that 6.07 Receipt and Application of Property Insurance any party making such waiver may have to the Proceeds proceeds of insurance held by Owner or Contractor as trustee or fiduciary,or otherwise A. Any insured loss under the builder's risk and payable under any policy so issued. other policies of insurance required by B. Owner waives all rights against Contractor, Paragraph 6.05 will be adjusted and settled Subcontractors, and Engineer, and the with the named insured that purchased the officers, directors, members, partners, policy. Such named insured shall act as employees, agents, consultants and fiduciary for the other insureds, and give subcontractors of each and any of them,for: notice to such other insureds that adjustment and settlement of a claim is in progress. Any 1. loss due to business interruption,loss of other insured may state its position regarding use, or other consequential loss a claim for insured loss in writing within 15 extending beyond direct physical loss or days after notice of such claim. damage to Owner's property or the Work B. Proceeds for such insured losses may be made caused by, arising out of, or resulting payable by the insurer either jointly to from fire or other perils whether or not multiple insureds,or to the named insured that insured by Owner;and purchased the policy in its own right and as 2. loss or damage to the completed Project fiduciary for other insureds, subject to the or part thereof caused by,arising out of, requirements of any applicable mortgage or resulting from fire or other insured clause. A named insured receiving insurance peril or cause of loss covered by any proceeds under the builder's risk and other property insurance maintained on the policies of insurance required by Paragraph completed Project or part thereof by 6.05 shall distribute such proceeds in Owner during partial occupancy or use accordance with such agreement as the parties pursuant to Paragraph 15.04, after in interest may reach,or as otherwise required • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 52 under the dispute resolution provisions of this and all other facilities and incidentals • Contract or applicable Laws and Regulations. necessary for the performance, testing, start C. If no other special agreement is reached, the up, and completion of the Work, whether or not such items are specifically called for in the damaged Work shall be repaired or replaced, the money so received applied on account Contract Documents. thereof, and the Work and the cost thereof B. All materials and equipment incorporated into covered by Change Order,if needed. the Work shall be of good quality and new, except as otherwise provided in the Contract ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES Documents. All special warranties and guarantees required by the Specifications shall 7.01 Supervision and Superintendence expressly run to the benefit of Owner. If A. Contractor shall supervise, inspect, and direct required by Engineer,Contractor shall furnish the Work competently and efficiently, satisfactory evidence (including reports of devoting such attention thereto and applying required tests) as to the source, kind, and such skills and expertise as may be necessary quality of materials and equipment. to perform the Work in accordance with the C. All materials and equipment shall be stored, Contract Documents. Contractor shall be applied, installed, connected, erected, solely responsible for the means, methods, protected, used, cleaned, and conditioned in techniques, sequences, and procedures of accordance with instructions of the applicable construction. Supplier,except as otherwise may be provided B. At all times during the progress of the Work, in the Contract Documents. Contractor shall assign a competent resident 7.04 "Or Equals" superintendent who shall not be replaced A. Whenever an item of material or equipment is without written notice to Owner and Engineer specified or described in the Contract except under extraordinary circumstances. Documents by using the name of a proprietary 7.02 Labor; Working Hours item or the name of a particular Supplier, the A. Contractor shall provide competent, suitably Contract Price has been based upon • qualified personnel to survey and lay out the Contractor furnishing such item as specified. The specification or description of such an Work and perform construction as required by item is intended to establish the type,function, the Contract Documents. Contractor shall at appearance, and quality required. Unless the all times maintain good discipline and order at specification or description contains or is the Site. followed by words reading that no like, B. Except as otherwise required for the safety or equivalent, or "or equal" item is permitted, protection of persons or the Work or property Contractor may request that Engineer at the Site or adjacent thereto, and except as authorize the use of other items of material or otherwise stated in the Contract Documents, equipment, or items from other proposed all Work at the Site shall be performed during suppliers under the circumstances described regular working hours, Monday through below. Friday. Contractor will not perform Work on 1. If Engineer in its sole discretion a Saturday, Sunday, or any legal holiday. determines that an item of material or Contractor may perform Work outside regular equipment proposed by Contractor is working hours or on Saturdays, Sundays, or functionally equal to that named and legal holidays only with Owner's written sufficiently similar so that no change in consent, which will not be unreasonably related Work will be required, Engineer withheld. shall deem it an"or equal"item. For the 7.03 Services, Materials, and Equipment purposes of this paragraph, a proposed item of material or equipment will be A. Unless otherwise specified in the Contract considered functionally equal to an item Documents, Contractor shall provide and so named if: assume full responsibility for all services, materials, equipment, labor, transportation, a. in the exercise of reasonable construction equipment and machinery,tools, judgment Engineer determines appliances,fuel,power,light,heat,telephone, that: • water, sanitary facilities, temporary facilities, EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 52 I) it is at least equal in materials E. Treatment as a Substitution Request: If of construction, quality, Engineer determines that an item of material III durability, appearance, or equipment proposed by Contractor does not strength, and design qualify as an"or-equal"item,Contractor may characteristics; request that Engineer considered the proposed 2) it will reliably perform at least item as a substitute pursuant to Paragraph equally well the function and 7.05. achieve the results imposed 7.05 Substitutes by the design concept of the A. Unless the specification or description of an completed Project as a item of material or equipment required to be functioning whole; furnished under the Contract Documents 3) it has a proven record of contains or is followed by words reading that performance and availability no substitution is permitted, Contractor may of responsive service;and request that Engineer authorize the use of it is not objectionable to other items of material or equipment under the 4) circumstances described below. To the extent Owner. possible such requests shall be made before b. Contractor certifies that, if commencement of related construction at the approved and incorporated into the Site. Work: I. Contractor shall submit sufficient I) there will be no increase in information as provided below to allow cost to the Owner or increase Engineer to determine if the item of in Contract Times;and material or equipment proposed is 2) it will conform substantially functionally equivalent to that named and an acceptable substitute therefor. to the detailed requirements Engineer will not accept requests for of the item named in the review of proposed substitute items of Contract Documents. material or equipment from anyone other 411 B. Contractor's Expense: Contractor shall than Contractor. provide all data in support of any proposed"or 2. The requirements for review by equal"item at Contractor's expense. Engineer will be as set forth in Paragraph C. Engineer's Evaluation and Determination: 7.05.B, as supplemented by the Engineer will be allowed a reasonable time to Specifications, and as Engineer may evaluate each "or-equal" request. Engineer decide is appropriate under the may require Contractor to furnish additional circumstances. data about the proposed "or-equal" item. 3. Contractor shall make written Engineer will be the sole judge of application to Engineer for review of a acceptability. No "or-equal" item will be proposed substitute item of material or ordered, furnished, installed, or utilized until equipment that Contractor seeks to Engineer's review is complete and Engineer furnish or use.The application: determines that the proposed item is an "or- equal", which will be evidenced by an a. shall certify that the proposed approved Shop Drawing or other written substitute item will: communication. Engineer will advise I) perform adequately the Contractor in writing of any negative functions and achieve the determination. results called for by the D. Effect of Engineer's Determination: Neither general design, approval nor denial of an "or-equal" request 2) be similar in substance to that shall result in any change in Contract Price. specified,and The Engineer's denial of an"or-equal"request shall be final and binding, and may not be 3) be suited to the same use as reversed through an appeal under any that specified. provision of the Contract Documents. b. will state: III EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 52 I) the extent,if any,to which the C. Special Guarantee: Owner may require III use of the proposed substitute item will necessitate a change Contractor to furnish at Contractor's expense a special performance guarantee or other in Contract Times, surety with respect to any substitute. 2) whether use of the proposed D. Reimbursement of Engineer's Cost: Engineer substitute item in the Work will record Engineer's costs in evaluating a will require a change in any of substitute proposed or submitted by the Contract Documents (or Contractor.Whether or not Engineer approves in the provisions of any other a substitute so proposed or submitted by direct contract with Owner Contractor,Contractor shall reimburse Owner for other work on the Project) for the reasonable charges of Engineer for to adapt the design to the evaluating each such proposed substitute. proposed substitute item,and Contractor shall also reimburse Owner for the 3) whether incorporation or use reasonable charges of Engineer for making of the proposed substitute changes in the Contract Documents (or in the item in connection with the provisions of any other direct contract with Work is subject to payment of Owner)resulting from the acceptance of each any license fee or royalty. proposed substitute. c. will identify: E. Contractor's Expense: Contractor shall provide all data in support of any proposed l) all variations of the proposed substitute at Contractor's expense. substitute item from that F. Effect of Engineer's Determination: If specified,and Engineer approves the substitution request, 2) available engineering, sales, Contractor shall execute the proposed Change maintenance, repair, and Order and proceed with the substitution. The replacement services. Engineer's denial of a substitution request d. shall contain an itemized estimate shall be final and binding, and may not be III of all costs or credits that will result reversed through an appeal under any directly or indirectly from use of provision of the Contract Documents. Contractor may challenge the scope of such substitute item, including but not limited to changes in Contract reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Price, shared savings, costs of redesign, and claims of other Change Proposal. contractors affected by any 7.06 Concerning Subcontractors, Suppliers, and Others resulting change. A. Contractor may retain Subcontractors and B. Engineer's Evaluation and Determination: Suppliers for the performance of parts of the Engineer will be allowed a reasonable time to Work. Such Subcontractors and Suppliers evaluate each substitute request,and to obtain must be acceptable to Owner. comments and direction from Owner. B. Contractor shall retain specific Engineer may require Contractor to furnish Subcontractors,Suppliers,or other individuals additional data about the proposed substitute or entities for the performance of designated item. Engineer will be the sole judge of parts of the Work if required by the Contract acceptability. No substitute will be ordered, to do so. furnished, installed, or utilized until Engineer's review is complete and Engineer C. Subsequent to the submittal of Contractor's determines that the proposed item is an Bid or final negotiation of the terms of the acceptable substitute. Engineer's Contract, Owner may not require Contractor determination will be evidenced by a Field to retain any Subcontractor, Supplier,or other Order or a proposed Change Order accounting individual or entity to furnish or perform any for the substitution itself and all related of the Work against which Contractor has impacts, including changes in Contract Price reasonable objection. or Contract Times. Engineer will advise D. Prior to entry into any binding subcontract or Contractor in writing of any negative determination. purchase order, Contractor shall submit to III Owner the identity of the proposed Subcontractor or Supplier (unless Owner has EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 52 already deemed such proposed Subcontractor is responsible for Contractor's own acts and or Supplier acceptable, during the bidding omissions. • process or otherwise). Such proposed J. Contractor shall be solely responsible for Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a scheduling and coordinating the work of substantive, reasonable objection within five Subcontractors, Suppliers, and all other days. individuals or entities performing or furnishing any of the Work. E. Owner may require the replacement of any K. Contractor shall restrict all Subcontractors, Subcontractor,Supplier,or other individual or Suppliers, and such other individuals or entity retained by Contractor to perform any entities performing or furnishing any of the part of the Work. Owner also may require Contractor to retain specific replacements; Work from communicating with Engineer or provided, however, that Owner may not Owner, except through Contractor or in case require a replacement to which Contractor has of an emergency, or as otherwise expressly a reasonable objection. If Contractor has allowed herein. submitted the identity of certain L. The divisions and sections of the Subcontractors,Suppliers,or other individuals Specifications and the identifications of any or entities for acceptance by Owner, and Drawings shall not control Contractor in Owner has accepted it(either in writing or by dividing the Work among Subcontractors or failing to make written objection thereto),then Suppliers or delineating the Work to be Owner may subsequently revoke the performed by any specific trade. acceptance of any such Subcontractor, Supplier, or other individual or entity so M. All Work performed for Contractor by a identified solely on the basis of substantive, Subcontractor or Supplier shall be pursuant to reasonable objection after due investigation. an appropriate contractual agreement that Contractor shall submit an acceptable specifically binds the Subcontractor or replacement for the rejected Subcontractor, Supplier to the applicable terms and conditions of the Contract Documents for the Supplier,or other individual or entity. benefit of Owner and Engineer. 11111 F. If Owner requires the replacement of any Subcontractor,Supplier,or other individual or N. Owner may furnish to any Subcontractor or entity retained by Contractor to perform any Supplier, to the extent practicable, information about amounts paid to Contractor part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or on account of Work performed for Contractor Contract Times, or both, with respect to the by the particular Subcontractor or Supplier. replacement; and Contractor shall initiate a O. Nothing in the Contract Documents: Change Proposal for such adjustment within 30 days of Owner's requirement of 1. shall create for the benefit of any such replacement. Subcontractor, Supplier, or other individual or entity any contractual G. No acceptance by Owner of any such relationship between Owner or Engineer Subcontractor,Supplier,or other individual or and any such Subcontractor,Supplier,or entity, whether initially or as a replacement, other individual or entity;nor shall constitute a waiver of the right of Owner to the completion of the Work in accordance 2, shall create any obligation on the part of with the Contract Documents. Owner or Engineer to pay or to see to the payment of any money due any such H. On a monthly basis Contractor shall submit to Subcontractor, Supplier, or other Engineer a complete list of all Subcontractors individual or entity except as may and Suppliers having a direct contract with otherwise be required by Laws and Contractor, and of all other Subcontractors Regulations. and Suppliers known to Contractor at the time of submittal. 7.07 Patent Fees and Royalties I. Contractor shall be fully responsible to Owner A. Contractor shall pay all license fees and and Engineer for all acts and omissions of the royalties and assume all costs incident to the Subcontractors, Suppliers, and other use in the performance of the Work or the individuals or entities performing or incorporation in the Work of any invention, furnishing any of the Work just as Contractor design, process, product, or device which is • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 52 the subject of patent rights or copyrights held necessary for the prosecution of the Work • by others. If a particular invention, design, which are applicable at the time of the process,product, or device is specified in the submission of Contractor's Bid (or when Contract Documents for use in the Contractor became bound under a negotiated performance of the Work and if,to the actual contract). Owner shall pay all charges of knowledge of Owner or Engineer, its use is utility owners for connections for providing subject to patent rights or copyrights calling permanent service to the Work for the payment of any license fee or royalty 7.09 Taxes to others,the existence of such rights shall be disclosed by Owner in the Contract A. Contractor shall pay all sales, consumer,use, Documents. and other similar taxes required to be paid by B. To the fullest extent permitted by Laws and Contractor in accordance with the Laws and Regulations, Owner shall indemnify and hold Regulations of the place of the Project which harmless Contractor, and its officers, are applicable during the performance of the directors, members, partners, employees, Work. agents, consultants, and subcontractors from 7.10 Laws and Regulations and against all claims, costs, losses, and damages (including but not limited to all fees A. Contractor shall give all notices required by and charges of engineers,architects,attorneys, and shall comply with all Laws and and other professionals, and all court or Regulations applicable to the performance of arbitration or other dispute resolution costs) the Work. Except where otherwise expressly arising out of or relating to any infringement required by applicable Laws and Regulations, of patent rights or copyrights incident to the neither Owner nor Engineer shall be use in the performance of the Work or responsible for monitoring Contractor's resulting from the incorporation in the Work compliance with any Laws or Regulations. of any invention, design,process,product, or B. If Contractor performs any Work or takes any device specified in the Contract Documents, other action knowing or having reason to but not identified as being subject to payment know that it is contrary to Laws or • of any license fee or royalty to others required Regulations,Contractor shall bear all resulting by patent rights or copyrights. costs and losses,and shall indemnify and hold C. To the fullest extent permitted by Laws and harmless Owner and Engineer, and the Regulations, Contractor shall indemnify and officers, directors, members, partners, hold harmless Owner and Engineer, and the employees, agents, consultants, and subcontractors of each and any of them from officers, directors, members, partners, employees, agents, consultants and and against all claims, costs, losses, and subcontractors of each and any of them from damages(including but not limited to all fees and against all claims, costs, losses, and and charges of engineers,architects,attorneys, damages(including but not limited to all fees and other professionals and all court or and charges of engineers,architects,attorneys, arbitration or other dispute resolution costs) and other professionals and all court or arising out of or relating to such Work or other arbitration or other dispute resolution costs) action. It shall not be Contractor's arising out of or relating to any infringement responsibility to make certain that the Work of patent rights or copyrights incident to the described in the Contract Documents is in use in the performance of the Work or accordance with Laws and Regulations, but resulting from the incorporation in the Work this shall not relieve Contractor of of any invention, design,process, product, or Contractor's obligations under Paragraph device not specified in the Contract 3.03. Documents. C. Owner or Contractor may give notice to the 7.08 Permits other party of any changes after the submission of Contractor's Bid (or after the A. Unless otherwise provided in the Contract date when Contractor became bound under a Documents, Contractor shall obtain and pay negotiated contract) in Laws or Regulations for all construction permits and licenses. having an effect on the cost or time of Owner shall assist Contractor, when performance of the Work, including but not necessary, in obtaining such permits and limited to changes in Laws or Regulations • licenses. Contractor shall pay all governmental charges and inspection fees having an effect on procuring permits and on sales, use, value-added, consumption, and EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 52 other similar taxes. If Owner and Contractor and other utilities; and other contractors and are unable to agree on entitlement to or on the utility owners performing work at or adjacent amount or extent, if any,of any adjustment in to the Site,when prosecution of the Work may Contract Price or Contract Times resulting affect them, and shall cooperate with them in from such changes, then within 30 days of the protection, removal, relocation, and such notice Contractor may submit a Change replacement of their property or work in Proposal,or Owner may initiate a Claim. progress. 7.11 Record Documents C. Contractor shall comply with the applicable requirements of Owner's safety programs, if A. Contractor shall maintain in a safe place at the any. The Supplementary Conditions identify Site one printed record copy of all Drawings, any Owner's safety programs that are Specifications, Addenda, Change Orders, applicable to the Work. Work Change Directives, Field Orders, written interpretations and clarifications, and D. Contractor shall inform Owner and Engineer approved Shop Drawings. Contractor shall of the specific requirements of Contractor's keep such record documents in good order and safety program with which Owner's and annotate them to show changes made during Engineer's employees and representatives construction. These record documents, must comply while at the Site. together with all approved Samples, will be E. All damage, injury, or loss to any property available to Engineer for reference. Upon referred to in Paragraph 7.12.A.2 or 7.12.A.3 completion of the Work, Contractor shall deliver these record documents to Engineer. caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, 7.12 Safety and Protection Supplier, or any other individual or entity A. Contractor shall be solely responsible for directly or indirectly employed by any of them initiating, maintaining, and supervising all to perform any of the Work, or anyone for safety precautions and programs in connection whose acts any of them may be liable,shall be with the Work. Such responsibility does not remedied by Contractor at its expense(except relieve Subcontractors of their responsibility damage or loss attributable to the fault of for the safety of persons or property in the Drawings or Specifications or to the acts or • performance of their work,nor for compliance omissions of Owner or Engineer or anyone with applicable safety Laws and Regulations. employed by any of them, or anyone for whose acts any of them may be liable,and not Contractor shall take all necessary precautions attributable,directly or indirectly,in whole or for the safety of, and shall provide the in part,to the fault or negligence of Contractor necessary protection to prevent damage, or any Subcontractor, Supplier, or other injury,or loss to: individual or entity directly or indirectly 1. all persons on the Site or who may be employed by any of them). affected by the Work; F. Contractor's duties and responsibilities for 1 all the Work and materials and safety and protection shall continue until such equipment to be incorporated therein, time as all the Work is completed and whether in storage on or off the Site;and Engineer has issued a notice to Owner and 3. other property at the Site or adjacent Contractor in accordance with Paragraph thereto, including trees, shrubs, lawns, 15.06.B that the Work is acceptable(except as otherwise expressly provided in connection walks,pavements,roadways, structures, other work in progress, utilities, and with Substantial Completion). Underground Facilities not designated G. Contractor's duties and responsibilities for for removal, relocation, or replacement safety and protection shall resume whenever in the course of construction. Contractor or any Subcontractor or Supplier B. Contractor shall comply with all applicable returns to the Site to fulfill warranty or Laws and Regulations relating to the safety of correction obligations, or to conduct other persons or property, or to the protection of tasks arising from the Contract Documents. persons or property from damage, injury, or 7.13 Safety Representative loss;and shall erect and maintain all necessary A. Contractor shall designate a qualified and safeguards for such safety and protection. Contractor shall notify Owner; the owners of experienced safety representative at the Site adjacent property, Underground Facilities, whose duties and responsibilities shall be the • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 52 prevention of accidents and the maintaining d. determined and verified all and supervising of safety precautions and information relative to programs. Contractor's responsibilities for 7.14 Hazard Communication Programs means, methods, techniques, sequences, and procedures of A. Contractor shall be responsible for construction, and safety coordinating any exchange of material safety precautions and programs incident data sheets or other hazard communication thereto. information required to be made available to 2. Each submittal shall bear a stamp or or exchanged between or among employers atspecific written certification that the Site in accordance with Laws or Contractor has satisfied Contractor's Regulations. obligations under the Contract 7.15 Emergencies Documents with respect to Contractor's review of that submittal, and that A. In emergencies affecting the safety or Contractor approves the submittal. protection of persons or the Work or property at the Site or adjacent thereto, Contractor is 3. With each submittal, Contractor shall obligated to act to prevent threatened damage, give Engineer specific written notice of injury,or loss. Contractor shall give Engineer any variations that the Shop Drawing or prompt written notice if Contractor believes Sample may have from the requirements that any significant changes in the Work or of the Contract Documents. This notice variations from the Contract Documents have shall be set forth in a written been caused thereby or are required as a result communication separate from the Shop thereof. If Engineer determines that a change Drawings or Sample submittal; and, in in the Contract Documents is required because addition, in the case of Shop Drawings of the action taken by Contractor in response by a specific notation made on each Shop to such an emergency, a Work Change Drawing submitted to Engineer for Directive or Change Order will be issued. review and approval of each such • 7.16 Shop Drawings, Samples, and Other Submittals variation. B. Submittal Procedures for Shop Drawings and A. Shop Drawing and Sample Submittal Samples: Contractor shall submit Shop Requirements: Drawings and Samples to Engineer for review 1. Before submitting a Shop Drawing or and approval in accordance with the accepted Sample,Contractor shall have: Schedule of Submittals. Each submittal will a. reviewed and coordinated the Shop be identified as Engineer may require. Drawing or Sample with other I. Shop Drawings: Shop Drawings and Samples and a. Contractor shall submit the number with the requirements of the Work of copies required in the and the Contract Documents; Specifications. b. determined and verified all field b. Data shown on the Shop Drawings measurements, quantities, will be complete with respect to dimensions, specified performance quantities, dimensions, specified and design criteria, installation performance and design criteria, requirements, materials, catalog materials, and similar data to show numbers, and similar information Engineer the services, materials, with respect thereto; and equipment Contractor c. determined and verified the proposes to provide and to enable suitability of all materials and Engineer to review the information equipment offered with respect to for the limited purposes required the indicated application, by Paragraph 7.16.D. fabrication, shipping, handling, 2. Samples: storage, assembly, and installation pertaining to the performance of a. Contractor shall submit the number the Work;and of Samples required in the Specifications. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 52 b. Contractor shall clearly identify accompanying the Shop Drawing or each Sample as to material, Sample. Engineer will document any • Supplier, pertinent data such as such approved variation from the catalog numbers,the use for which requirements of the Contract Documents intended and other data as Engineer in a Field Order. may require to enable Engineer to review the submittal for the limited 5. Engineer's review and approval of a purposes required by Paragraph Shop Drawing or Sample shall not 7.16.D. relieve Contractor from responsibility for complying with the requirements of 3. Where a Shop Drawing or Sample is Paragraph 7.16.A and B. required by the Contract Documents or the Schedule of Submittals, any related 6. Engineers review and approval of a Work performed prior to Engineer's Shop Drawing or Sample, or of a review and approval of the pertinent variation from the requirements of the submittal will be at the sole expense and Contract Documents, shall not, under responsibility of Contractor. any circumstances, change the Contract Times or Contract Price, unless such C. Other Submittals: Contractor shall submit changes are included in a Change Order. other submittals to Engineer in accordance with the accepted Schedule of Submittals,and 7. Neither Engineers receipt, review, pursuant to the applicable terms of the acceptance or approval of a Shop Specifications. Drawing, Sample, or other submittal shall result in such item becoming a D. Engineer's Review: Contract Document. 1. Engineer will provide timely review of 8. Contractor shall perform the Work in Shop Drawings and Samples in compliance with the requirements and accordance with the Schedule of commitments set forth in approved Shop Submittals acceptable to Engineer. Drawings and Samples, subject to the Engineer's review and approval will be provisions of Paragraph 7.16.D.4. only to determine if the items covered by E. Resubmittal Procedures: the submittals will, after installation or incorporation in the Work, conform to 1. Contractor shall make corrections the information given in the Contract required by Engineer and shall return the Documents and be compatible with the required number of corrected copies of design concept of the completed Project Shop Drawings and submit, as required, as a functioning whole as indicated by new Samples for review and approval. the Contract Documents. Contractor shall direct specific attention 2. Engineer's review and approval will not in writing to revisions other than the extend to means, methods, techniques, corrections called for by Engineer on sequences,or procedures of construction previous submittals. or to safety precautions or programs 2. Contractor shall furnish required incident thereto. submittals with sufficient information and accuracy to obtain required approval 3. Engineer's review and approval of a separate item as such will not indicate of an item with no more than three submittals. Engineer will record approval of the assembly in which the Engineer's time for reviewing a fourth or item functions. subsequent submittal of a Shop 4. Engineer's review and approval of a Drawings, sample, or other item Shop Drawing or Sample shall not requiring approval, and Contractor shall relieve Contractor from responsibility be responsible for Engineer's charges to for any variation from the requirements Owner for such time. Owner may of the Contract Documents unless impose a set-off against payments due to Contractor has complied with the Contractor to secure reimbursement for requirements of Paragraph 7.16.A.3 and such charges. Engineer has given written approval of 3. If Contractor requests a change of a each such variation by specific written • notation thereof incorporated in or previously approved submittal item, Contractor shall be responsible for EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 52 Engineer's charges to Owner for its 8. any correction of defective Work by • review time, and Owner may impose a Owner. set-off against payments due to Contractor to secure reimbursement for D. If the Contract requires the Contractor to such charges, unless the need for such accept the assignment of a contract entered change is beyond the control of into by Owner, then the specific warranties, Contractor. guarantees, and correction obligations contained in the assigned contract shall govern 7.17 Contractor's General Warranty and Guarantee with respect to Contractor's performance A. Contractor warrants and guarantees to Owner obligations to Owner for the Work described that all Work will be in accordance with the in the assigned contract. Contract Documents and will not be defective. 7.18 Indemnification Engineer and its officers,directors, members, A. To the fullest extent permitted by Laws and partners, employees, agents, consultants, and Regulations, and in addition to any other subcontractors shall be entitled to rely on obligations of Contractor under the Contract Contractor's warranty and guarantee. or otherwise, Contractor shall indemnify and B. Contractor's warranty and guarantee hold harmless Owner and Engineer, and the hereunder excludes defects or damage caused officers, directors, members, partners, by: employees, agents, consultants and 1, abuse, modification, or improper subcontractors of each and any of them from and against all claims, costs, losses, and maintenance or operation by persons other than Contractor, Subcontractors, damages (including but not limited to all fees Suppliers, or any other individual or and charges of engineers,architects,attorneys, entity for whom Contractor is and other professionals and all court or responsible;or arbitration or other dispute resolution costs) arising out of or relating to the performance of 2, normal wear and tear under normal the Work,provided that any such claim, cost, usage. loss,or damage is attributable to bodily injury, C. Contractor's obligation to perform and sickness, disease, or death, or to injury to or complete the Work in accordance with the destruction of tangible property(other than the Contract Documents shall be absolute. None Work itself), including the loss of use of the following will constitute an acceptance resulting therefrom but only to the extent of Work that is not in accordance with the caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, Contract Documents or a release of or any individual or entity directly or Contractor's obligation to perform the Work indirectly employed by any of them to in accordance with the Contract Documents: perform any of the Work or anyone for whose 1. observations by Engineer; acts any of them may be liable. 2. recommendation by Engineer or B. In any and all claims against Owner or payment by Owner of any progress or Engineer or any of their officers, directors, final payment; members, partners, employees, agents, consultants, or subcontractors by any 3. the issuance of a certificate of employee (or the survivor or personal Substantial Completion by Engineer or representative of such employee) of any payment related thereto by Owner; Contractor, any Subcontractor, any Supplier, 4. use or occupancy of the Work or any part or any individual or entity directly or thereof by Owner; indirectly employed by any of them to perform any of the Work,or anyone for whose 5. any review and approval of a Shop acts any of them may be liable, the Drawing or Sample submittal; indemnification obligation under Paragraph 6. the issuance of a notice of acceptability 7.18.A shall not be limited in any way by any by Engineer; limitation on the amount or type of damages, compensation, or benefits payable by or for 7. any inspection, test, or approval by Contractor or any such Subcontractor, others;or Supplier, or other individual or entity under • workers' compensation acts,disability benefit acts,or other employee benefit acts. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 52 C. The indemnification obligations of Contractor drawings will be only for the limited purpose under Paragraph 7.18.A shall not extend to the of checking for conformance with • liability of Engineer and Engineer's officers, performance and design criteria given and the directors, members, partners, employees, design concept expressed in the Contract agents,consultants and subcontractors arising Documents. Engineer's review and approval out of: of Shop Drawings and other submittals 1, the preparation or approval of, or the (except design calculations and design failure to prepare or approve maps, drawings) will be only for the purpose stated Drawings, opinions, reports, surveys, in Paragraph 7.16.D.1. Change Orders, designs, or E. Contractor shall not be responsible for the Specifications;or adequacy of the performance or design criteria 2, giving directions or instructions, or specified by Owner or Engineer. failing to give them,if that is the primary ARTICLE 8—OTHER WORK AT THE SITE cause of the injury or damage. 7.19 Delegation of Professional Design Services 8.01 Other Work A. Contractor will not be required to provide A. In addition to and apart from the Work under professional design services unless such the Contract Documents, the Owner may services are specifically required by the perform other work at or adjacent to the Site. Contract Documents for a portion of the Work Such other work may be performed by or unless such services are required to carry Owner's employees, or through contracts out Contractor's responsibilities for between the Owner and third parties. Owner construction means, methods, techniques, may also arrange to have third-party utility sequences and procedures. Contractor shall owners perform work on their utilities and not be required to provide professional facilities at or adjacent to the Site. services in violation of applicable Laws and Regulations. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or B. If professional design services or through contracts for such other work, then • certifications by a design professional related Owner shall give Contractor written notice to systems, materials, or equipment are thereof prior to starting any such other work. specifically required of Contractor by the If Owner has advance information regarding Contract Documents, Owner and Engineer the start of any utility work at or adjacent to will specify all performance and design the Site, Owner shall provide such criteria that such services must satisfy. information to Contractor. Contractor shall cause such services or certifications to be provided by a properly C. Contractor shall afford each other contractor licensed professional, whose signature and that performs such other work, each utility seal shall appear on all drawings,calculations, owner performing other work, and Owner, if Owner is performing other work with Owner's specifications, certifications, and other employees,proper and safe access to the Site, submittals prepared by such professional. Shop Drawings and other submittals related to and provide a reasonable opportunity for the the Work designed or certified by such introduction and storage of materials and professional, if prepared by others, shall bear equipment and the execution of such other work. Contractor shall do all cutting, fitting, such professional's written approval when submitted to Engineer. and patching of the Work that may be required to properly connect or otherwise make its C. Owner and Engineer shall be entitled to rely several parts come together and properly upon the adequacy, accuracy, and integrate with such other work. Contractor completeness of the services,certifications,or shall not endanger any work of others by approvals performed by such design cutting,excavating,or otherwise altering such professionals, provided Owner and Engineer work;provided,however,that Contractor may have specified to Contractor all performance cut or alter others' work with the written and design criteria that such services must consent of Engineer and the others whose satisfy. work will be affected. D. Pursuant to this paragraph,Engineer's review D. If the proper execution or results of any part of and approval of design calculations and design Contractor's Work depends upon work • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 52 performed by others under this Article 8, other work that was provided to Contractor in • Contractor shall inspect such other work and promptly report to Engineer in writing any the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms delays, defects, or deficiencies in such other of the Contract. When applicable, any such work that render it unavailable or unsuitable equitable adjustment in Contract Price shall be for the proper execution and results of conditioned on Contractor assigning to Owner Contractor's Work. Contractor's failure to so all Contractor's rights against such other report will constitute an acceptance of such contractor or utility owner with respect to the other work as fit and proper for integration damage,delay,disruption,or interference that with Contractor's Work except for latent is the subject of the adjustment. Contractor's defects and deficiencies in such other work. entitlement to an adjustment of the Contract 8.02 Coordination Times is conditioned on such adjustment being essential to Contractor's ability to A. If Owner intends to contract with others for complete the Work within the Contract Times. the performance of other work at or adjacent to the Site, to perform other work at or B. Contractor shall take reasonable and adjacent to the Site with Owner's employees, customary measures to avoid damaging, delaying, disrupting, or interfering with the or to arrange to have utility owners perform work at or adjacent to the Site, the following work of Owner, any other contractor, or any will be set forth in the Supplementary utility owner performing other work at or Conditions or provided to Contractor prior to adjacent to the Site. If Contractor fails to take such measures and as a result damages, the start of any such other work: delays,disrupts,or interferes with the work of 1. the identity of the individual or entity any such other contractor or utility owner, that will have authority and then Owner may impose a set-off against responsibility for coordination of the payments due to Contractor, and assign to activities among the various contractors; such other contractor or utility owner the Owner's contractual rights against Contractor 2, an itemization of the specific matters to be covered by such authority and with respect to the breach of the obligations • responsibility;and set forth in this paragraph. 3. the extent of such authority and C. When Owner is performing other work at or responsibilities. adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for B. Unless otherwise provided in the damage to such other work, and for the Supplementary Conditions, Owner shall have reasonable direct delay, disruption, and sole authority and responsibility for such interference costs incurred by Owner as a coordination. result of Contractor's failure to take 8.03 Legal Relationships reasonable and customary measures with respect to Owner's other work.In response to A. If, in the course of performing other work at such damage, delay, disruption, or or adjacent to the Site for Owner,the Owner's interference, Owner may impose a set-off employees, any other contractor working for against payments due to Contractor. Owner,or any utility owner causes damage to D. If Contractor damages, delays, disrupts, or the Work or to the property of Contractor or interferes with the work of any other its Subcontractors, or delays, disrupts, contractor, or any utility owner performing interferes with, or increases the scope or cost other work at or adjacent to the Site, through of the performance of the Work, through Contractor's failure to take reasonable and actions or inaction, then Contractor shall be customary measures to avoid such impacts,or entitled to an equitable adjustment in the if any claim arising out of Contractor's Contract Price or the Contract Times,or both. actions, inactions, or negligence in Contractor must submit any Change Proposal performance of the Work at or adjacent to the seeking an equitable adjustment in the Site is made by any such other contractor or Contract Price or the Contract Times under utility owner against Contractor, Owner, or this paragraph within 30 days of the Engineer, then Contractor shall (1) promptly damaging,delaying, disrupting,or interfering attempt to settle the claim as to all parties event. The entitlement to, and extent of, any through negotiations with such other • such equitable adjustment shall take into contractor or utility owner, or otherwise account information (if any) regarding such EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 52 resolve the claim by arbitration or other 9.06 Insurance dispute resolution proceeding or at law, and A. Owner's responsibilities, if any, with respect • (2) indemnify and hold harmless Owner and to purchasing and maintaining liability and Engineer, and the officers, directors, property insurance are set forth in Article 6. members, partners, employees, agents, consultants and subcontractors of each and 9.07 Change Orders any of them from and against any such claims, A. Owner's responsibilities with respect to and against all costs, losses, and damages Change Orders are set forth in Article 11. (including but not limited to all fees and charges of engineers,architects,attorneys,and 9.08 Inspections, Tests, and Approvals other professionals and all court or arbitration or other dispute resolution costs)arising out of A. Owner's responsibility with respect to certain or relating to such damage, delay, disruption, inspections,tests,and approvals is set forth in or interference. Paragraph 14.02.B. 9.09 Limitations on Owner's Responsibilities ARTICLE 9—OWNER'S RESPONSIBILITIES A. The Owner shall not supervise,direct,or have 9.01 Communications to Contractor control or authority over, nor be responsible for,Contractor's means,methods,techniques, A. Except as otherwise provided in these General sequences, or procedures of construction, or Conditions, Owner shall issue all the safety precautions and programs incident communications to Contractor through thereto, or for any failure of Contractor to Engineer. comply with Laws and Regulations applicable to the performance of the Work. Owner will 9.02 Replacement of Engineer not be responsible for Contractor's failure to A. Owner may at its discretion appoint an perform the Work in accordance with the engineer to replace Engineer, provided Contract Documents. Contractor makes no reasonable objection to 9.10 Undisclosed Hazardous Environmental Condition the replacement engineer. The replacement • engineer's status under the Contract A. Owner's responsibility in respect to an Documents shall be that of the former undisclosed Hazardous Environmental Engineer. Condition is set forth in Paragraph 5.06. 9.03 Furnish Data 9.11 Evidence of Financial Arrangements A. Owner shall promptly furnish the data A. Upon request of Contractor, Owner shall required of Owner under the Contract furnish Contractor reasonable evidence that Documents. financial arrangements have been made to 9.04 Pay When Due satisfy Owner's obligations under the Contract Documents (including obligations A. Owner shall make payments to Contractor under proposed changes in the Work). when they are due as provided in the 9.12 Safety Programs Agreement. A. While at the Site, Owner's employees and 9.05 Lands and Easements; Reports, Tests, and representatives shall comply with the specific Drawings applicable requirements of Contractor's safety A. Owner's duties with respect to providing lands programs of which Owner has been informed. and easements are set forth in Paragraph 5.01. B. Owner shall furnish copies of any applicable B. Owner's duties with respect to providing Owner safety programs to Contractor. engineering surveys to establish reference points are set forth in Paragraph 4.03. ARTICLE 10—ENGINEER'S STATUS DURING C. Article 5 refers to Owner's identifying and CONSTRUCTION making available to Contractor copies of 10.01 Owner's Representative reports of explorations and tests of conditions at the Site, and drawings of physical A. Engineer will be Owner's representative conditions relating to existing surface or - during the construction period.The duties and subsurface structures at the Site. responsibilities and the limitations of • authority of Engineer as Owner's EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 52 representative during construction are set be as provided in the Supplementary 41111 forth in the Contract. Conditions. 10.02 Visits to Site 10.04 Rejecting Defective Work A. Engineer will make visits to the Site at A. Engineer has the authority to reject Work in intervals appropriate to the various stages of accordance with Article 14. construction as Engineer deems necessary in 10.05 Shop Drawings, Change Orders and Payments order to observe as an experienced and qualified design professional the progress that A. Engineer's authority, and limitations thereof, has been made and the quality of the various as to Shop Drawings and Samples, are set aspects of Contractor's executed Work.Based forth in Paragraph 7.16. on information obtained during such visits and B. Engineer's authority, and limitations thereof, observations, Engineer, for the benefit of Owner,will determine,in general,if the Work as to design calculations and design drawings is proceeding in accordance with the Contract submitted in response to a delegation of professional design services, if any, are set Documents. Engineer will not be required to make exhaustive or continuous inspections on forth in Paragraph 7.19. the Site to check the quality or quantity of the C. Engineer's authority as to Change Orders is Work. Engineer's efforts will be directed set forth in Article 11. toward providing for Owner a greater degree D. Engineer's authority as to Applications for of confidence that the completed Work will conform generally to the Contract Documents. Payment is set forth in Article 15. On the basis of such visits and observations, 10.06 Determinations for Unit Price Work Engineer will keep Owner informed of the progress of the Work and will endeavor to A. Engineer will determine the actual quantities guard Owner against defective Work. and classifications of Unit Price Work performed by Contractor as set forth in B. Engineer's visits and observations are subject Paragraph 13.03. to all the limitations on Engineer's authority III and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work during or as a result of Engineer's visits or A. Engineer will render decisions regarding the observations of Contractor's Work, Engineer requirements of the Contract Documents, and will not supervise, direct, control, or have judge the acceptability of the Work,pursuant authority over or be responsible for to the specific procedures set forth herein for Contractor's means, methods, techniques, initial interpretations, Change Proposals, and sequences, or procedures of construction, or acceptance of the Work. In rendering such the safety precautions and programs incident decisions and judgments, Engineer will not thereto, or for any failure of Contractor to show partiality to Owner or Contractor, and comply with Laws and Regulations applicable will not be liable to Owner, Contractor, or to the performance of the Work. others in connection with any proceedings, 10.03 Project Representative interpretations, decisions, or judgments conducted or rendered in good faith. A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project 10.08 Limitations on Engineer's Authority and Representative to represent Engineer at the Responsibilities Site and assist Engineer in observing the A. Neither Engineer's authority or responsibility progress and quality of the Work, then the under this Article 10 or under any other authority and responsibilities of any such provision of the Contract, nor any decision Resident Project Representative will be as made by Engineer in good faith either to provided in the Supplementary Conditions, exercise or not exercise such authority or and limitations on the responsibilities thereof responsibility or the undertaking, exercise, or will be as provided in Paragraph 10.08. If performance of any authority or responsibility Owner designates another representative or by Engineer, shall create, impose, or give rise agent to represent Owner at the Site who is not to any duty in contract,tort,or otherwise owed Engineer's consultant,agent,or employee,the by Engineer to Contractor,any Subcontractor, • responsibilities and authority and limitations thereon of such other individual or entity will any Supplier,any other individual or entity,or EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 52 to any surety for or employee or agent of any or supplement must be set forth in of them. a Change Order. A Change Order III B. Engineer will not supervise,direct,control,or also may be used to establish amendments and supplements of have authority over or be responsible for the Contract Documents that do not Contractor's means, methods, techniques, affect the Contract Price or sequences, or procedures of construction, or the safety precautions and programs incident Contract Times. thereto, or for any failure of Contractor to b. Owner and Contractor may amend comply with Laws and Regulations applicable those terms and conditions of the to the performance of the Work.Engineer will Contract Documents that do not not be responsible for Contractor's failure to involve (1) the performance or perform the Work in accordance with the acceptability of the Work, (2) the Contract Documents. design (as set forth in the C. Engineer will not be responsible for the acts or Drawings, Specifications, or otherwise),or(3)other engineering omissions of Contractor or of any or technical matters, without the Subcontractor, any Supplier, or of any other individual or entity performing any of the recommendation of the Engineer. Work. Such an amendment shall be set forth in a Change Order. D. Engineer's review of the final Application for 2. Work Change Directives: A Work Payment and accompanying documentationChange Directive will not change the and all maintenance and operating Contract Price or the Contract Times but instructions, schedules, guarantees, bonds, is evidence that the parties expect that certificates of inspection,tests and approvals, the modification ordered or documented and other documentation required to be by a Work Change Directive will be delivered by Paragraph 15.06.A will only be incorporated in a subsequently issued to determine generally that their content Change Order,following negotiations by complies with the requirements of,and in the the parties as to the Work Change case of certificates of inspections, tests, and Directive's effect,if any,on the Contract 111 approvals, that the results certified indicate Price and Contract Times; or, if compliance with the Contract Documents. negotiations are unsuccessful, by a E. The limitations upon authority and determination under the terms of the responsibility set forth in this Paragraph 10.08 Contract Documents governing shall also apply to the Resident Project adjustments, expressly including Representative,if any. Paragraph 11.04 regarding change of Contract Price. Contractor must submit 10.09 Compliance with Safety Program any Change Proposal seeking an A. While at the Site, Engineer's employees and adjustment of the Contract Price or the representatives will comply with the specific Contract Times,or both,no later than 30 applicable requirements of Owner's and days after the completion of the Work set Contractor's safety programs(if any)of which out in the Work Change Directive. Engineer has been informed. Owner must submit any Claim seeking an adjustment of the Contract Price or ARTICLE I I —AMENDING THE CONTRACT the Contract Times,or both,no later than DOCUMENTS; CHANGES IN THE WORK 60 days after issuance of the Work Change Directive. 11.01 Amending and Supplementing Contract Documents 3. Field Orders: Engineer may authorize A. The Contract Documents may be amended or minor changes in the Work if the supplemented by a Change Order, a Work changes do not involve an adjustment in Change Directive,or a Field Order. the Contract Price or the Contract Times and are compatible with the design 1. Change Orders: concept of the completed Project as a a. If an amendment or supplement to functioning whole as indicated by the the Contract Documents includes a Contract Documents. Such changes will change in the Contract Price or the be accomplished by a Field Order and Contract Times, such amendment will be binding on Owner and also on IIII EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 52 Contractor, which shall perform the B. An adjustment in the Contract Price will be • Work involved promptly. If Contractor determined as follows: believes that a Field Order justifies an adjustment in the Contract Price or 1. where the Work involved is covered by Contract Times, or both, then before unit prices contained in the Contract proceeding with the Work at issue, Documents, then by application of such Contractor shall submit a Change unit prices to the quantities of the items Proposal as provided herein. involved (subject to the provisions of Paragraph 13.03);or 11.02 Owner-Authorized Changes in the Work 2. where the Work involved is not covered A. Without invalidating the Contract and without by unit prices contained in the Contract notice to any surety, Owner may, at any time Documents, then by a mutually agreed or from time to time, order additions, lump sum (which may include an deletions, or revisions in the Work. Such allowance for overhead and profit not changes shall be supported by Engineer's necessarily in accordance with recommendation, to the extent the change Paragraph 11.04.C.2);or involves the design (as set forth in the Drawings, Specifications, or otherwise), or 3. where the Work involved is not covered other engineering or technical matters. Such by unit prices contained in the Contract changes may be accomplished by a Change Documents and the parties do not reach Order, if Owner and Contractor have agreed mutual agreement to a lump sum,then on as to the effect, if any, of the changes on the basis of the Cost of the Work Contract Times or Contract Price; or by a (determined as provided in Paragraph Work Change Directive. Upon receipt of any 13.01) plus a Contractor's fee for such document, Contractor shall promptly overhead and profit (determined as proceed with the Work involved; or, in the provided in Paragraph 11.04.C). case of a deletion in the Work,promptly cease C. Contractor's Fee: When applicable, the construction activities with respect to such Contractor's fee for overhead and profit shall • deleted Work.Added or revised Work shall be be determined as follows: performed under the applicable conditions of I. a mutually acceptable fixed fee;or the Contract Documents. Nothing in this paragraph shall obligate Contractor to 2. if a fixed fee is not agreed upon, then a undertake work that Contractor reasonably fee based on the following percentages concludes cannot be performed in a manner of the various portions of the Cost of the consistent with Contractor's safety obligations Work: under the Contract Documents or Laws and Regulations. a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the 11.03 Unauthorized Changes in the Work Contractor's fee shall be 15 A. Contractor shall not be entitled to an increase percent; in the Contract Price or an extension of the b. for costs incurred under Paragraph Contract Times with respect to any work 13.01.B.3, the Contractor's fee performed that is not required by the Contract shall be five percent; Documents, as amended, modified, or supplemented, except in the case of an c. where one or more tiers of emergency as provided in Paragraph 7.15 or in subcontracts are on the basis of the case of uncovering Work as provided in Cost of the Work plus a fee and no Paragraph 14.05. fixed fee is agreed upon,the intent of Paragraphs 11.01.C.2.a and 11.04 Change of Contract Price 11.01.C.2.b is that the Contractor's A. The Contract Price may only be changed by a fee shall be based on: (1) a fee of Change Order. Any Change Proposal for an 15 percent of the costs incurred adjustment in the Contract Price shall comply under Paragraphs 13.01.A.1 and with the provisions of Paragraph 11.06. Any 13.O1.A.2 by the Subcontractor Claim for an adjustment of Contract Price that actually performs the Work,at shall comply with the provisions of Article 12. whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 52 that of the Subcontractor that proposed change, with citations to any actually performs the Work, a fee governing or applicable provisions of the III of five percent of the amount (fee Contract Documents. plus underlying costs incurred) attributable to the next lower tier 1. Procedures: Contractor shall submit Subcontractor; provided, however, each Change Proposal to Engineer that for any such subcontracted promptly (but in no event later than 30 work the maximum total fee to be days) after the start of the event giving rise thereto,or after such initial decision. paid by Owner shall be no greater than 27 percent of the costs The Contractor shall submit supporting incurred by the Subcontractor that data, including the proposed change in actually performs the work; Contract Price or Contract Time(if any), to the Engineer and Owner within 15 d. no fee shall be payable on the basis days after the submittal of the Change of costs itemized under Paragraphs Proposal. The supporting data shall be 13.01.B.4, 13.01.B.5,and 13.01.C; accompanied by a written statement that e. the amount of credit to be allowed the supporting data are accurate and by Contractor to Owner for any complete,and that any requested time or change which results in a net price adjustment is the entire adjustment decrease in cost will be the amount to which Contractor believes it is entitled of the actual net decrease in cost as a result of said event. Engineer will plus a deduction in Contractor's fee advise Owner regarding the Change Proposal,and consider any comments or by an amount equal to five percent of such net decrease;and response from Owner regarding the Change Proposal. f. when both additions and credits are 2, Engineer's Action: Engineer will review involved in any one change, the each Change Proposal and, within 30 adjustment in Contractor's fee shall days after receipt of the Contractor's be computed on the basis of the net supporting data, either deny the Change change in accordance with Proposal in whole, approve it in whole, III Paragraphs 11.04.C.2.a through or deny it in part and approve it in part. 11.04.C.2.e,inclusive. Such actions shall be in writing, with a 11.05 Change of Contract Times copy provided to Owner and Contractor. If Engineer does not take action on the A. The Contract Times may only be changed by Change Proposal within 30 days, then a Change Order.Any Change Proposal for an either Owner or Contractor may at any adjustment in the Contract Times shall comply time thereafter submit a letter to the other with the provisions of Paragraph 11.06. Any party indicating that as a result of Claim for an adjustment in the Contract Times Engineer's inaction the Change Proposal shall comply with the provisions of Article 12. is deemed denied, thereby commencing B. An adjustment of the Contract Times shall be the time for appeal of the denial under subject to the limitations set forth in Paragraph Article 12. 4.05, concerning delays in Contractor's 3. Binding Decision: Engineer's decision progress. will be final and binding upon Owner 11.06 Change Proposals and Contractor, unless Owner or A. Contractor shall submit a Change Proposal to a Claim tunderor eals the decision by filing a Claim under Article 12. Engineer to request an adjustment in the Contract Times or Contract Price; appeal an B. Resolution of Certain Change Proposals: If initial decision by Engineer concerning the the Change Proposal does not involve the requirements of the Contract Documents or design (as set forth in the Drawings, relating to the acceptability of the Work under Specifications,or otherwise),the acceptability the Contract Documents; contest a set-off of the Work,or other engineering or technical against payment due; or seek other relief matters, then Engineer will notify the parties under the Contract.The Change Proposal shall that the Engineer is unable to resolve the specify any proposed change in Contract Change Proposal. For purposes of further Times or Contract Price, or both, or other resolution of such a Change Proposal, such III proposed relief,and explain the reason for the notice shall be deemed a denial, and EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 52 Contractor may choose to seek resolution ARTICLE 12—CLAIMS • under the terms of Article 12. 11.07 Execution of Change Orders 12.01 Claims A. Owner and Contractor shall execute A. Claims Process: The following disputes appropriate Change Orders covering: between Owner and Contractor shall be submitted to the Claims process set forth in 1. changes in the Contract Price or Contract this Article: Times which are agreed to by the parties, including any undisputed sum or amount 1. Appeals by Owner or Contractor of of time for Work actually performed in Engineer's decisions regarding Change accordance with a Work Change Proposals; Directive; 2. Owner demands for adjustments in the 2. changes in Contract Price resulting from Contract Price or Contract Times, or an Owner set-off, unless Contractor has other relief under the Contract duly contested such set-off; Documents;and 3. changes in the Work which are: (a) 3. Disputes that Engineer has been unable ordered by Owner pursuant to Paragraph to address because they do not involve 11.02, (b) required because of Owner's the design(as set forth in the Drawings, acceptance of defective Work under Specifications, or otherwise), the Paragraph 14.04 or Owner's correction acceptability of the Work, or other of defective Work under Paragraph engineering or technical matters. 14.07, or (c) agreed to by the parties, B. Submittal of Claim: The party submitting a subject to the need for Engineer's Claim shall deliver it directly to the other party recommendation if the change in the to the Contract promptly(but in no event later Work involves the design(as set forth in than 30 days)after the start of the event giving the Drawings, Specifications, or rise thereto; in the case of appeals regarding otherwise), or other engineering or Change Proposals within 30 days of the • technical matters;and decision under appeal. The party submitting 4. changes in the Contract Price or Contract the Claim shall also furnish a copy to the Engineer, for its information only. The Times, or other changes, which embody the substance of any final and binding responsibility to substantiate a Claim shall rest with the party making the Claim. In the case results under Paragraph 11.06,or Article 12 of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or B. If Owner or Contractor refuses to execute a both,Contractor shall certify that the Claim is Change Order that is required to be executed made in good faith, that the supporting data under the terms of this Paragraph 11.07, it are accurate and complete,and that to the best shall be deemed to be of full force and effect, of Contractor's knowledge and belief the as if fully executed. amount of time or money requested accurately 11.08 Notification to Surety reflects the full amount to which Contractor is entitled. A. If the provisions of any bond require notice to C. Review and Resolution: The party receiving a be given to a surety of any change affecting Claim shall review it thoroughly, giving full the general scope of the Work or the consideration to its merits. The two parties provisions of the Contract Documents shall seek to resolve the Claim through the (including, but not limited to, Contract Price exchange of information and direct or Contract Times), the giving of any such negotiations. The parties may extend the time notice will be Contractor's responsibility.The for resolving the Claim by mutual agreement. amount of each applicable bond will be All actions taken on a Claim shall be stated in adjusted to reflect the effect of anysuch writing and submitted to the other party,with change. a copy to Engineer. D. Mediation: I. At any time after initiation of a Claim, • Owner and Contractor may mutually EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 52 agree to mediation of the underlying ARTICLE 13=COST OF THE WORK; dispute. The agreement to mediate shall ALLOWANCES;UNIT PRICE WORK • stay the Claim submittal and response process. 13.01 Cost of the Work 2. If Owner and Contractor agree to A. Purposes for Determination of Cost of the mediation,then after 60 days from such Work: The term Cost of the Work means the agreement, either Owner or Contractor sum of all costs necessary for the proper may unilaterally terminate the mediation performance of the Work at issue, as further process, and the Claim submittal and defined below. The provisions of this decision process shall resume as of the Paragraph 13.01 are used for two distinct date of the termination. If the mediation purposes: proceeds but is unsuccessful in resolving the dispute, the Claim submittal and 1. To determine Cost of the Work when decision process shall resume as of the Cost of the Work is a component of the date of the conclusion of the mediation, Contract Price, under cost-plus-fee, as determined by the mediator. time-and-materials, or other cost-based terms;or 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, E. Partial Approval: If the party receiving a or other adjustment in Contract Price. Claim approves the Claim in part and denies it When the value of any such adjustment in part, such action shall be final and binding is determined on the basis of Cost of the unless within 30 days of such action the other Work, Contractor is entitled only to party invokes the procedure set forth in Article those additional or incremental costs 17 for final resolution of disputes. required because of the change in the F. Denial of Claim: If efforts to resolve a Claim Work or because of the event giving rise are not successful, the party receiving the to the adjustment. Claim may deny it by giving written notice of B. Costs Included: Except as otherwise may be • denial to the other party.If the receiving party agreed to in writing by Owner,costs included does not take action on the Claim within 90 in the Cost of the Work shall be in amounts no days,then either Owner or Contractor may at higher than those prevailing in the locality of any time thereafter submit a letter to the other the Project, shall not include any of the costs party indicating that as a result of the inaction, itemized in Paragraph 13.01.C, and shall the Claim is deemed denied, thereby include only the following items: commencing the time for appeal of the denial. A denial of the Claim shall be final and 1. Payroll costs for employees in the direct binding unless within 30 days of the denial the employ of Contractor in the performance other party invokes the procedure set forth in of the Work under schedules of job Article 17 for the final resolution of disputes. classifications agreed upon by Owner and Contractor. Such employees shall G. Final and Binding Results:If the parties reach include, without limitation, a mutual agreement regarding a Claim, superintendents, foremen, and other whether through approval of the Claim,direct personnel employed full time on the negotiations, mediation, or otherwise; or if a Work. Payroll costs for employees not Claim is approved in part and denied in part, employed full time on the Work shall be or denied in full, and such actions become apportioned on the basis of their time final and binding; then the results of the spent on the Work. Payroll costs shall agreement or action on the Claim shall be include, but not be limited to, salaries incorporated in a Change Order to the extent and wages plus the cost of fringe they affect the Contract, including the Work, benefits, which shall include social the Contract Times,or the Contract Price. security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 52 on Saturday, Sunday, or legal holidays, are consumed in the performance • shall be included in the above to the extent authorized by Owner. of the Work, and cost, less market value, of such items used but not 2. Cost of all materials and equipment consumed which remain the property of Contractor. furnished and incorporated in the Work, including costs of transportation and c. Rentals of all construction storage thereof, and Suppliers' field equipment and machinery, and the services required in connection parts thereof, whether rented from therewith. All cash discounts shall Contractor or others in accordance accrue to Contractor unless Owner with rental agreements approved deposits funds with Contractor with by Owner with the advice of which to make payments, in which case Engineer, and the costs of the cash discounts shall accrue to Owner. transportation, loading, unloading, All trade discounts,rebates, and refunds assembly, dismantling, and and returns from sale of surplus removal thereof All such costs materials and equipment shall accrue to shall be in accordance with the Owner, and Contractor shall make terms of said rental agreements. provisions so that they may be obtained. The rental of any such equipment, 3. Payments made by Contractor to machinery, or parts shall cease Subcontractors for Work performed by when the use thereof is no longer necessary for the Work. Subcontractors. If required by Owner, Contractor shall obtain competitive bids d. Sales, consumer, use, and other from subcontractors acceptable to similar taxes related to the Work, Owner and Contractor and shall deliver and for which Contractor is liable, such bids to Owner, who will then as imposed by Laws and determine, with the advice of Engineer, Regulations. which bids, if any,will be acceptable.If e. Deposits lost for causes other than any subcontract provides that the 11111 negligence of Contractor, any Subcontractor is to be paid on the basis Subcontractor, or anyone directly of Cost of the Work plus a fee, the or indirectly employed by any of Subcontractor's Cost of the Work and them or for whose acts any of them fee shall be determined in the same manner as Contractor's Cost of the Work may be liable, and royalty and fee as provided in this Paragraph payments and fees for permits and 13.01. licenses. 4. Costs of special consultants (including f Losses and damages (and related but not limited to engineers, architects, expenses)caused by damage to the testing laboratories, surveyors, Work, not compensated by attorneys, and accountants) employed insurance or otherwise, sustained for services specifically related to the by Contractor in connection with Work. the performance of the Work (except losses and damages within 5. Supplemental costs including the the deductible amounts of property following: insurance established in a. The proportion of necessary accordance with Paragraph 6.05), transportation, travel, and provided such losses and damages subsistence expenses of have resulted from causes other Contractor's employees incurred in than the negligence of Contractor, discharge of duties connected with any Subcontractor, or anyone the Work. directly or indirectly employed by any of them or for whose acts any b. Cost, including transportation and of them may be liable. Such losses maintenance, of all materials, shall include settlements made with supplies, equipment, machinery, the written consent and approval of appliances, office, and temporary Owner. No such losses, damages, • facilities at the Site,and hand tools not owned by the workers, which and expenses shall be included in the Cost of the Work for the EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 52 purpose of determining 5. Other overhead or general expense costs Contractor's fee. of any kind and the costs of any item not 11111 g. The cost of utilities, fuel, and specifically and expressly included in sanitary facilities at the Site. Paragraph 13.O1.B. D. Contractor's Fee: When the Work as a whole h. Minor expenses such as communication service at the Site, is performed on the basis of cost-plus, Contractor's fee shall be determined as set express and courier services, and similar petty cash items in forth in the Agreement.When the value of any connection with the Work. Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment i. The costs of premiums for all in Contract Price is determined on the basis of bonds and insurance that Cost of the Work, Contractor's fee shall be Contractor is required by the determined as set forth in Paragraph 11.04.C. Contract Documents to purchase E. Documentation: Whenever the Cost of the and maintain. Work for any purpose is to be determined C. Costs Excluded: The term Cost of the Work pursuant to this Article 13, Contractor will shall not include any of the following items: establish and maintain records thereof in 1. Payroll costs and other compensation of accordance with generally accepted accounting practices and submit in a form Contractor's officers, executives, acceptable to Engineer an itemized cost principals (of partnerships and sole breakdown together with supporting data. proprietorships), general managers, safety managers, engineers, architects, 13.02 Allowances estimators, attorneys, auditors, A. It is understood that Contractor has included accountants,purchasing and contracting in the Contract Price all allowances so named agents, expediters, timekeepers, clerks, in the Contract Documents and shall cause the and other personnel employed by Work so covered to be performed for such Contractor, whether at the Site or in sums and by such persons or entities as may Contractor's principal or branch office be acceptable to Owner and Engineer. • for general administration of the Work and not specifically included in the B. Cash Allowances:Contractor agrees that: agreed upon schedule of job I. the cash allowances include the cost to classifications referred to in Paragraph Contractor (less any applicable trade 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs discounts) of materials and equipment and other compensation excluded here required by the allowances to be are to be considered administrative costs delivered at the Site, and all applicable covered by the Contractor's fee. taxes;and 2. Expenses of Contractor's principal and 2. Contractor's costs for unloading and branch offices other than Contractor's handling on the Site, labor, installation, office at the Site. overhead, profit, and other expenses contemplated for the cash allowances 3. Any part ' of Contractor's capital have been included in the Contract Price expenses, including interest on and not in the allowances, and no Contractor's capital employed for the demand for additional payment on Work and charges against Contractor for account of any of the foregoing will be delinquent payments. valid. 4. Costs due to the negligence of C. Contingency Allowance: Contractor agrees Contractor, any Subcontractor, or that a contingency allowance,if any,is for the anyone directly or indirectly employed sole use of Owner to cover unanticipated by any of them or for whose acts any of costs. them may be liable, including but not limited to, the correction of defective D. Prior to final payment,an appropriate Change Work, disposal of materials or Order will be issued as recommended by Engineer to reflect actual amounts due equipment wrongly supplied, and making good any damage to property. Contractor on account of Work covered by 411 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 52 allowances, and the Contract Price shall be parties are unable to agree as to the • 13.03 Unit Price correspondiWorkngly adjusted. amount of any such increase or decrease. ARTICLE 14—TESTS AND INSPECTIONS; A. Where the Contract Documents provide that CORRECTION,REMOVAL OR ACCEPTANCE OF all or part of the Work is to be Unit Price DEFECTIVE WORK Work, initially the Contract Price will be deemed to include for all Unit Price Work an 14.01 Access to Work amount equal to the sum of the unit price for each separately identified item of Unit Price A. Owner, Engineer, their consultants and other Work times the estimated quantity of each representatives and personnel of Owner, independent testing laboratories, and item as indicated in the Agreement. authorities having jurisdiction will have B. The estimated quantities of items of Unit Price access to the Site and the Work at reasonable Work are not guaranteed and are solely for the times for their observation, inspection, and purpose of comparison of Bids and testing. Contractor shall provide them proper determining an initial Contract Price. and safe conditions for such access and advise Payments to Contractor for Unit Price Work them of Contractor's safety procedures and will be based on actual quantities. programs so that they may comply therewith C. Each unit price will be deemed to include an as applicable. amount considered by Contractor to be 14.02 Tests,Inspections, and Approvals adequate to cover Contractor's overhead and profit for each separately identified item. A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts D. Engineer will determine the actual quantities thereof) for all required inspections and tests, and classifications of Unit Price Work and shall cooperate with inspection and testing performed by Contractor. Engineer will personnel to facilitate required inspections review with Contractor the Engineer's and tests. preliminary determinations on such matters • before rendering a written decision thereon B. Owner shall retain and pay for the services of (by recommendation of an Application for an independent inspector, testing laboratory, Payment or otherwise). Engineer's written or other qualified individual or entity to decision thereon will be final and binding perform all inspections and tests expressly (except as modified by Engineer to reflect required by the Contract Documents to be changed factual conditions or more accurate furnished and paid for by Owner, except that data) upon Owner and Contractor, subject to costs incurred in connection with tests or the provisions of the following paragraph. inspections of covered Work shall be governed by the provisions of Paragraph E. Within 30 days of Engineer's written decision 14.05. under the preceding paragraph, Contractor C. If Laws or Regulations of any public body may submit a Change Proposal,or Owner may file a Claim, seeking an adjustment in the having jurisdiction require any Work(or part Contract Price if: thereof)specifically to be inspected,tested,or approved by an employee or other I. the quantity of any item of Unit Price representative of such public body,Contractor Work performed by Contractor differs shall assume full responsibility for arranging materially and significantly from the and obtaining such inspections, tests, or estimated quantity of such item indicated approvals, pay all costs in connection in the Agreement; therewith, and furnish Engineer the required 2. there is no corresponding adjustment certificates of inspection or approval. with respect to any other item of Work; D. Contractor shall be responsible for arranging, and obtaining, and paying for all inspections and 3. Contractor believes that it is entitled to tests required: an increase in Contract Price as a result I. by the Contract Documents, unless the of having incurred additional expense or Contract Documents expressly allocate Owner believes that Owner is entitled to responsibility for a specific inspection or • a decrease in Contract Price, and the test to Owner; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 52 2. to attain Owner's and Engineer's remove it from the Project and replace it with acceptance of materials or equipment to Work that is not defective. III be incorporated in the Work; E. Preservation of Warranties: When correcting 3. by manufacturers of equipment defective Work, Contractor shall take no furnished under the Contract action that would void or otherwise impair Documents; Owner's special warranty and guarantee, if 4. for testing, adjusting, and balancing of any,on said Work. mechanical, electrical, and other F. Costs and Damages: In addition to its equipment to be incorporated into the correction, removal, and replacement Work;and obligations with respect to defective Work, 5. for acceptance of materials,mix designs, Contractor shall pay all claims, costs, losses, or equipment submitted for approval and damages arising out of or relating to defective Work, including but not limited to prior to Contractor's purchase thereof the cost of the inspection,testing, correction, for incorporation in the Work. removal, replacement, or reconstruction of Such inspections and tests shall be performed such defective Work, fines levied against by independent inspectors, testing Owner by governmental authorities because laboratories, or other qualified individuals or the Work is defective, and the costs of repair entities acceptable to Owner and Engineer. or replacement of work of others resulting E. If the Contract Documents require the Work from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as (or part thereof) to be approved by Owner, to the measure of such claims, costs, losses, Engineer, or another designated individual or and damages resulting from defective Work, entity, then Contractor shall assume full then Owner may impose a reasonable set-off responsibility for arranging and obtaining against payments due under Article 15. such approvals. F. If any Work(or the work of others)that is to 14.04 Acceptance of Defective Work be inspected,tested,or approved is covered by A. If, instead of requiring correction or removal III Contractor without written concurrence of and replacement of defective Work, Owner Engineer, Contractor shall, if requested by prefers to accept it,Owner may do so(subject, Engineer,uncover such Work for observation. if such acceptance occurs prior to final Such uncovering shall be at Contractor's payment,to Engineer's confirmation that such expense unless Contractor had given Engineer acceptance is in general accord with the design timely notice of Contractor's intention to intent and applicable engineering principles, cover the same and Engineer had not acted and will not endanger public safety). with reasonable promptness in response to Contractor shall pay all claims, costs, losses, such notice. and damages attributable to Owner's 14.03 Defective Work evaluation of and determination to accept such defective Work(such costs to be approved by A. Contractor's Obligation: It is Contractor's Engineer as to reasonableness), and for the obligation to assure that the Work is not diminished value of the Work to the extent not defective. otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the B. Engineer's Authority: Engineer has the necessary revisions in the Contract authority to determine whether Work is Documents with respect to the Work shall be defective,and to reject defective Work. incorporated in a Change Order. If the parties C. Notice of Defects: Prompt notice of all are unable to agree as to the decrease in the defective Work of which Owner or Engineer Contract Price,reflecting the diminished value has actual knowledge will be given to of Work so accepted,then Owner may impose Contractor. a reasonable set-off against payments due under Article 15. If the acceptance of D. Correction, or Removal and Replacement: defective Work occurs after final payment, Promptly after receipt of written notice of Contractor shall pay an appropriate amount to defective Work, Contractor shall correct all Owner. such defective Work, whether or not fabricated, installed, or completed, or, if III Engineer has rejected the defective Work, EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 52 14.05 Uncovering Work order has been eliminated;however,this right • A. Engineer has the authority to require special of Owner to stop the Work shall not give rise inspection or testing of the Work, whether or to any duty on the part of Owner to exercise not the Work is fabricated, installed, or this right for the benefit of Contractor, any completed. Subcontractor, any Supplier, any other individual or entity, or any surety for, or B. If any Work is covered contrary to the written employee or agent of any of them. request of Engineer, then Contractor shall, if 14.07 Owner May Correct Defective Work requested by Engineer,uncover such Work for Engineer's observation, and then replace the A. If Contractor fails within a reasonable time covering,all at Contractor's expense. after written notice from Engineer to correct C. If Engineer considers it necessary or advisable defective Work, or to remove and replace that covered Work be observed by Engineer or rejected Work as required by Engineer, or if inspected or tested by others,then Contractor, Contractor fails to perform the Work in at Engineer's request, shall uncover, expose, accordance with the Contract Documents, or or otherwise make available for observation, if Contractor fails to comply with any other provision of the Contract Documents, then inspection,or testing as Engineer may require, Owner may,after seven days written notice to that portion of the Work in question, and Contractor, correct or remedy any such provide all necessary labor, material, and deficiency. equipment. 1. If it is found that the uncovered Work is B. In exercising the rights and remedies under defective, Contractor shall be this Paragraph 14.07, Owner shall proceed responsible for all claims, costs, losses, expeditiously. In connection with such and damages arising out of or relating to corrective or remedial action, Owner may exclude Contractor from all or part of the Site, such uncovering, exposure, observation, inspection, and testing, and of take possession of all or part of the Work and satisfactory replacement or suspend Contractor's services related thereto, reconstruction(including but not limited and incorporate in the Work all materials and • to all costs of repair or replacement of equipment stored at the Site or for which work of others); and pending Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Contractor's full discharge of this responsibility the Owner shall be entitled Owner, Owner's representatives, agents and employees, Owner's other contractors, and to impose a reasonable set-off against payments due under Article 15. Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights 2. If the uncovered Work is not found to be and remedies under this paragraph. defective,Contractor shall be allowed an C. All claims, costs, losses, and damages increase in the Contract Price or an incurred or sustained by Owner in exercising extension of the Contract Times,or both, the rights and remedies under this Paragraph directly attributable to such uncovering, 14.07 will be charged against Contractor as exposure, observation, inspection, set-offs against payments due under Article testing,replacement,and reconstruction. 15. Such claims, costs, losses and damages If the parties are unable to agree as to the will include but not be limited to all costs of amount or extent thereof, then repair, or replacement of work of others Contractor may submit a Change destroyed or damaged by correction,removal, Proposal within 30 days of the or replacement of Contractor's defective determination that the Work is not Work. defective. 14.06 Owner May Stop the Work D. Contractor shall not be allowed an extension of the Contract Times because of any delay in A. If the Work is defective,or Contractor fails to the performance of the Work attributable to supply sufficient skilled workers or suitable the exercise by Owner of Owner's rights and materials or equipment,or fails to perform the remedies under this Paragraph 14.07. Work in such a way that the completed Work will conform to the Contract Documents,then Owner may order Contractor to stop the Work, • or any portion thereof,until the cause for such EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 52 ARTICLE 15—PAYMENTS TO CONTRACTOR; 3. The amount of retainage with respect to SET-OFFS; COMPLETION; CORRECTION PERIOD progress payments will be as stipulated • in the Agreement. 15.01 Progress Payments C. Review of Applications: A. Basis for Progress Payments:The Schedule of 1. Engineer will, within 10 days after Values established as provided in Article 2 receipt of each Application for Payment, will serve as the basis for progress payments and will be incorporated into a form of including each resubmittal, either Application for Payment acceptable to indicate in writing a recommendation of Engineer. Progress payments on account of payment and present the Application to Unit Price Work will be based on the number Owner, or return the Application to of units completed during the pay period, as Contractor indicating in writing determined under the provisions of Paragraph Engineers reasons for refusing to 13.03. Progress payments for cost-based recommend payment. In the latter case, Work will be based on Cost of the Work Contractor may make the necessary completed by Contractor during the pay corrections and resubmit the period. Application. B. Applications for Payments: 2. Engineer's recommendation of any payment requested in an Application for 1. At least 20 days before the date Payment will constitute a representation established in the Agreement for each by Engineer to Owner, based on progress payment (but not more often Engineer's observations of the executed than once a month), Contractor shall Work as an experienced and qualified submit to Engineer for review an design professional, and on Engineer's Application for Payment filled out and review of the Application for Payment signed by Contractor covering the Work and the accompanying data and completed as of the date of the schedules,that to the best of Engineer's Application and accompanied by such knowledge,information and belief: supporting documentation as is required a. the Work has progressed to the IP by the Contract Documents. If payment point indicated; is requested on the basis of materials and equipment not incorporated in the Work b. the quality of the Work is generally but delivered and suitably stored at the in accordance with the Contract Site or at another location agreed to in Documents (subject to an writing, the Application for Payment evaluation of the Work as a shall also be accompanied by a bill of functioning whole prior to or upon sale, invoice, or other documentation Substantial Completion,the results warranting that Owner has received the of any subsequent tests called for in materials and equipment free and clear the Contract Documents, a final of all Liens, and evidence that the determination of quantities and materials and equipment are covered by classifications for Unit Price Work appropriate property insurance, a under Paragraph 13.03, and any warehouse bond, or other arrangements other qualifications stated in the to protect Owner's interest therein,all of recommendation);and which must be satisfactory to Owner. c. the conditions precedent to 2. Beginning with the second Application Contractor's being entitled to such for Payment, each Application shall payment appear to have been include an affidavit of Contractor stating fulfilled in so far as it is Engineer's that all previous progress payments responsibility to observe the Work. received on account of the Work have been applied on account to discharge 3. By recommending any such payment Contractor's legitimate obligations Engineer will not thereby be deemed to associated with prior Applications for have represented that: Payment. a. inspections made to check the quality or the quantity of the Work as it has been performed have been • exhaustive, extended to every EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 52 aspect of the Work in progress, or c. Owner has been required to correct • involved detailed inspections of the defective Work in accordance with Work beyond the responsibilities Paragraph 14.07, or has accepted specifically assigned to Engineer in defective Work pursuant to the Contract;or Paragraph 14.04; b. there may not be other matters or d. Owner has been required to remove issues between the parties that or remediate a Hazardous might entitle Contractor to be paid Environmental Condition for additionally by Owner or entitle which Contractor is responsible;or Owner to withhold payment to Contractor. e. Engineer has actual knowledge of the occurrence of any of the events 4. Neither Engineer's review of that would constitute a default by Contractor's Work for the purposes of Contractor and therefore justify recommending payments nor Engineer's termination for cause under the recommendation of any payment, Contract Documents. including final payment, will impose responsibility on Engineer: D. Payment Becomes Due: a. to supervise, direct, or control the 1• Ten days after presentation of the Work or Application for Payment to Owner with Engineer's recommendation,the amount b. for the means, methods, recommended(subject to any Owner set- techniques, sequences, or offs)will become due,and when due will procedures of construction, or the be paid by Owner to Contractor. safety precautions and programs incident thereto,or E. Reductions in Payment by Owner: 1. In addition to any reductions in payment c. for Contractor's failure to comply with Laws and Regulations (set-offs) recommended by Engineer, IP applicable to Contractor's Owner is entitled to impose a set-off performance of the Work,or against payment based on any of the following: d. to make any examination to ascertain how or for what purposes a. claims have been made against Owner on account of Contractor's Contractor has used the money paid on account of the Contract conduct in the performance or Price or furnishing of the Work, or Owner has incurred costs, losses, or e. to determine that title to any of the damages on account of Work, materials, or equipment has Contractor's conduct in the passed to Owner free and clear of performance or furnishing of the any Liens. Work, including but not limited to 5. Engineer may refuse to recommend the claims, costs, losses, or damages whole or any part of any payment if, in from workplace injuries, adjacent Engineer's opinion,it would be incorrect property damage, non-compliance to make the representations to Owner with Laws and Regulations, and stated in Paragraph 15.01.C.2. patent infringement; 6, Engineer will recommend reductions in b. Contractor has failed to take payment (set-offs) necessary in reasonable and customary Engineer's opinion to protect Owner measures to avoid damage, delay, from loss because: disruption, and interference with other work at or adjacent to the a. the Work is defective, requiring Site; correction or replacement; c. Contractor has failed to provide b. the Contract Price has been and maintain required bonds or reduced by Change Orders; insurance; • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 52 d. Owner has been required to remove The reduction imposed shall be binding or remediate a Hazardous on Contractor unless it duly submits a III Environmental Condition for Change Proposal contesting the which Contractor is responsible; reduction. e. Owner has incurred extra charges 3. Upon a subsequent determination that or engineering costs related to Owner's refusal of payment was not submittal reviews, evaluations of justified, the amount wrongfully proposed substitutes, tests and withheld shall be treated as an amount inspections, or return visits to due as determined by Paragraph manufacturing or assembly 15.01.C.1 and subject to interest as facilities; provided in the Agreement. f. the Work is defective, requiring 15.02 Contractor's Warranty of Title correction or replacement; A. Contractor warrants and guarantees that title g. Owner has been required to correct to all Work, materials, and equipment defective Work in accordance with furnished under the Contract will pass to Paragraph 14.07, or has accepted Owner free and clear of(1)all Liens and other defective Work pursuant to title defects, and (2) all patent, licensing, Paragraph 14.04; copyright,or royalty obligations,no later than h. the Contract Price has been seven days after the time of payment by Owner. reduced by Change Orders; i. an event that would constitute a 15.03 Substantial Completion default by Contractor and therefore A. When Contractor considers the entire Work justify a termination for cause has ready for its intended use Contractor shall occurred; notify Owner and Engineer in writing that the j. liquidated damages have accrued entire Work is substantially complete and request that Engineer issue a certificate of as a result of Contractor's failure to II achieve Milestones, Substantial Substantial Completion. Contractor shall at the same time submit to Owner and Engineer Completion,or final completion of an initial draft of punch list items to be the Work; completed or corrected before final payment. k. Liens have been filed in connection B. Promptly after Contractor's notification, with the Work, except where Contractor has delivered a specific Owner, Contractor, and Engineer shall make an inspection of the Work to determine the bond satisfactory to Owner to secure the satisfaction and status of completion. If Engineer does not discharge of such Liens; consider the Work substantially complete, Engineer will notify Contractor in writing 1. there are other items entitling giving the reasons therefor. Owner to a set off against the C. If Engineer considers the Work substantially amount recommended. complete, Engineer will deliver to Owner a 2. If Owner imposes any set-off against preliminary certificate of Substantial payment, whether based on its own Completion which shall fix the date of knowledge or on the written Substantial Completion.Engineer shall attach recommendations of Engineer, Owner to the certificate a punch list of items to be will give Contractor immediate written completed or corrected before final payment. notice (with a copy to Engineer) stating Owner shall have seven days after receipt of the reasons for such action and the the preliminary certificate during which to specific amount of the reduction, and make written objection to Engineer as to any promptly pay Contractor any amount provisions of the certificate or attached punch remaining after deduction of the amount list. If, after considering the objections to the so withheld. Owner shall promptly pay provisions of the preliminary certificate, Contractor the amount so withheld, or Engineer concludes that the Work is not any adjustment thereto agreed to by substantially complete, Engineer will, within Owner and Contractor, if Contractor 14 days after submission of the preliminary 4111 remedies the reasons for such action. certificate to Owner, notify Contractor in EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 52 writing that the Work is not substantially the remainder of the Work, subject to the • complete, stating the reasons therefor. If following conditions: Owner does not object to the provisions of the I. At any time Owner may request in certificate, or if despite consideration of writing that Contractor permit Owner to Owner's objections Engineer concludes that use or occupy any such part of the Work the Work is substantially complete, then Engineer will, within said 14 days, execute that Owner believes to be substantially and deliver to Owner and Contractor a final complete.If and when Contractor agrees certificate of Substantial Completion (with a that such part of the Work is revised punch list of items to be completed or substantially complete, Contractor, corrected) reflecting such changes from the Owner, and Engineer will follow the preliminary certificate as Engineer believes procedures of Paragraph 15.03.A justified after consideration of any objections through E for that part of the Work. from Owner. 2. At any time Contractor may notify D. At the time of receipt of the preliminary Owner and Engineer in writing that certificate of Substantial Completion, Owner Contractor considers any such part of the and Contractor will confer regarding Owner's Work substantially complete and request use or occupancy of the Work following Engineer to issue a certificate of Substantial Completion, review the builder's Substantial Completion for that part of risk insurance policy with respect to the end of the Work. the builder's risk coverage, and confirm the 3, Within a reasonable time after either transition to coverage of the Work under a such request, Owner, Contractor, and permanent property insurance policy held by Engineer shall make an inspection of that Owner. Unless Owner and Contractor agree part of the Work to determine its status otherwise in writing, Owner shall bear of completion. If Engineer does not responsibility for security, operation, consider that part of the Work to be protection of the Work, property insurance, substantially complete, Engineer will maintenance,heat,and utilities upon Owner's notify Owner and Contractor in writing • use or occupancy of the Work. giving the reasons therefor. If Engineer E. After Substantial Completion the Contractor considers that part of the Work to be shall promptly begin work on the punch list of substantially complete,the provisions of items to be completed or corrected prior to Paragraph 15.03 will apply with respect final payment.In appropriate cases Contractor to certification of Substantial may submit monthly Applications for Completion of that part of the Work and Payment for completed punch list items, the division of responsibility in respect following the progress payment procedures thereof and access thereto. set forth above. 4. No use or occupancy or separate F. Owner shall have the right to exclude operation of part of the Work may occur Contractor from the Site after the date of prior to compliance with the Substantial Completion subject to allowing requirements of Paragraph 6.05 Contractor reasonable access to remove its regarding builder's risk or other property property and complete or correct items on the insurance. punch list. 15.05 Final Inspection 15.04 Partial Use or Occupancy A. Upon written notice from Contractor that the A. Prior to Substantial Completion of all the entire Work or an agreed portion thereof is complete,Engineer will promptly make a final Work, Owner may use or occupy any substantially completed part of the Work inspection with Owner and Contractor and which has specifically been identified in the will notify Contractor in writing of all Contract Documents, or which Owner, particulars in which this inspection reveals Engineer, and Contractor agree constitutes a that the Work, or agreed portion thereof, is separately functioning and usable part of the incomplete or defective. Contractor shall Work that can be used by Owner for its immediately take such measures as are intended purpose without significant necessary to complete such Work or remedy interference with Contractor's performance of such deficiencies. • EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 52 15.06 Final Payment a bond or other collateral satisfactory to A. Application for Payment: Owner to indemnify Owner against any III Lien, or Owner at its option may issue 1. After Contractor has, in the opinion of joint checks payable to Contractor and Engineer, satisfactorily completed all specified Subcontractors and Suppliers. corrections identified during the final B. Engineer's Review of Application and inspection and has delivered, in Acceptance: accordance with the Contract Documents, all maintenance and 1. If,on the basis of Engineer's observation operating instructions, schedules, of the Work during construction and guarantees, bonds, certificates or other final inspection, and Engineer's review evidence of insurance, certificates of of the final Application for Payment and inspection, annotated record documents accompanying documentation as (as provided in Paragraph 7.11), and required by the Contract Documents, other documents, Contractor may make Engineer is satisfied that the Work has application for final payment. been completed and Contractor's other 2. The final Application for Payment shall obligations under the Contract have been be accompanied (except as previously fulfilled, Engineer will, within ten days delivered)by: after receipt of the final Application for Payment, indicate in writing Engineer's a. all documentation called for in the recommendation of final payment and Contract Documents; present the Application for Payment to Owner for payment. Such b. consent of the surety,if any,to final recommendation shall account for any payment; set-offs against payment that are c. satisfactory evidence that.all title necessary in Engineer's opinion to issues have been resolved such that protect Owner from loss for the reasons title to all Work, materials, and stated above with respect to progress equipment has passed to Owner payments. At the same time Engineer free and clear of any Liens or other will also give written notice to Owner Ill title defects, or will so pass upon and Contractor that the Work is final payment. acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer d. a list of all disputes that Contractor will return the Application for Payment believes are unsettled;and to Contractor, indicating in writing the e. complete and legally effective reasons for refusing to recommend final releases or waivers (satisfactory to payment, in which case Contractor shall Owner) of all Lien rights arising make the necessary corrections and out of the Work,and of Liens filed resubmit the Application for Payment. in connection with the Work. C. Completion of Work: The Work is complete 3. In lieu of the releases or waivers of Liens (subject to surviving obligations) when it is specified in Paragraph 15.06.A.2 and as ready for final payment as established by the approved by Owner, Contractor may Engineer's written recommendation of final furnish receipts or releases in full and an payment. affidavit of Contractor that: (a) the D. Payment Becomes Due: Thirty days after the releases and receipts include all labor, presentation to Owner of the final Application services, material, and equipment for for Payment and accompanying which a Lien could be filed; and (b) all documentation, the amount recommended by payrolls, material and equipment bills, Engineer (less any further sum Owner is and other indebtedness connected with entitled to set off against Engineer's the Work for which Owner might in any recommendation, including but not limited to way be responsible, or which might in set-offs for liquidated damages and set-offs any way result in liens or other burdens allowed under the provisions above with on Owner's property, have been paid or respect to progress payments) will become otherwise satisfied.If any Subcontractor due and shall be paid by Owner to Contractor. or Supplier fails to furnish such a release IIIor receipt in full,Contractor may furnish EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 52 15.07 Waiver of Claims costs, losses, and damages (including but not • limited to all fees and charges of engineers, A. The making of final payment will not constitute a waiver by Owner of claims or architects, attorneys, and other professionals and all court or arbitration or other dispute rights against Contractor. Owner expressly reserves claims and rights arising from resolution costs) arising out of or relating to unsettled Liens, from defective Work such correction or repair or such removal and appearing after final inspection pursuant to replacement (including but not limited to all Paragraph 15.05, from Contractor's failure to costs of repair or replacement of work of comply with the Contract Documents or the others). terms of any special guarantees specified C. In special circumstances where a particular therein, from outstanding Claims by Owner, item of equipment is placed in continuous or from Contractor's continuing obligations service before Substantial Completion of all under the Contract Documents. the Work, the correction period for that item may start to run from an earlier date if so B. The acceptance of final payment by provided in the Specifications. Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that D. Where defective Work (and damage to other have been duly submitted or appealed under Work resulting therefrom)has been corrected the provisions of Article 17. or removed and replaced under this paragraph, 15.08 Correction Period the correction period hereunder with respect to such Work will be extended for an additional A. If within one year after the date of Substantial period of one year after such correction or Completion(or such longer period of time as removal and replacement has been may be prescribed by the terms of any satisfactorily completed. applicable special guarantee required by the E. Contractor's obligations under this paragraph Contract Documents, or by any specific are in addition to all other obligations and provision of the Contract Documents), any warranties. The provisions of this paragraph Work is found to be defective, or if the repair shall not be construed as a substitute for, or a • of any damages to the Site,adjacent areas that Contractor has arranged to use through waiver of, the provisions of any applicable statute of limitation or repose. construction easements or otherwise, and other adjacent areas used by Contractor as ARTICLE 16—SUSPENSION OF WORK AND permitted by Laws and Regulations, is found TERMINATION to be defective, then Contractor shall promptly, without cost to Owner and in 16.01 Owner May Suspend Work accordance with Owner's written instructions: 1. correct the defective repairs to the Site or A. At any time and without cause, Owner may such other adjacent areas; suspend the Work or any portion thereof for a period of not more than 90 consecutive days 2. correct such defective Work; by written notice to Contractor and Engineer. 3. if the defective Work has been rejected Such notice will fix the date on which Work by Owner, remove it from the Project will be resumed. Contractor shall resume the and replace it with Work that is not Work on the date so fixed.Contractor shall be defective,and entitled to an adjustment in the Contract Price or an extension of the Contract Times,or both, 4. satisfactorily correct or repair or remove directly attributable to any such suspension. and replace any damage to other Work, Any Change Proposal seeking such to the work of others,or to other land or adjustments shall be submitted no later than areas resulting therefrom. 30 days after the date fixed for resumption of B. If Contractor does not promptly comply with Work. the terms of Owner's written instructions, or 16.02 Owner May Terminate for Cause in an emergency where delay would cause A. The occurrence of any one or more of the serious risk of loss or damage, Owner may have the defective Work corrected or repaired following events will constitute a default by or may have the rejected Work removed and Contractor and justify termination for cause: • replaced. Contractor shall pay all claims, EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 52 1. Contractor's persistent failure to perform and damages exceeds such unpaid balance, the Work in accordance with the Contractor shall pay the difference to Owner. Contract Documents (including, but not Such claims, costs, losses, and damages • limited to, failure to supply sufficient incurred by Owner will be reviewed by skilled workers or suitable materials or Engineer as to their reasonableness and,when equipment or failure to adhere to the so approved by Engineer, incorporated in a Progress Schedule); Change Order. When exercising any rights or remedies under this paragraph, Owner shall 2. Failure of Contractor to perform or otherwise to comply with a material term not be required to obtain the lowest price for of the Contract Documents; the Work performed. 3. Contractor's disregard of Laws or F. Where Contractor's services have been so Regulations of any public body having terminated by Owner,the termination will not jurisdiction;or affect any rights or remedies of Owner against Contractor then existing or which may 4. Contractor's repeated disregard of the thereafter accrue,or any rights or remedies of authority of Owner or Engineer. Owner against Contractor or any surety under B. If one or more of the events identified in any payment bond or performance bond. Any retention or payment of money due Contractor Paragraph 1 6.02.A occurs, then after giving Contractor (and any surety) ten days written by Owner will not release Contractor from notice that Owner is considering a declaration liability. that Contractor is in default and termination of G. If and to the extent that Contractor has the contract,Owner may proceed to: provided a performance bond under the I. declare Contractor to be in default, and provisions of Paragraph 6.01.A,the provisions give Contractor (and any surety) notice of that bond shall govern over any inconsistent that the Contract is terminated;and provisions of Paragraphs 16.02.B and 16.02.D. 2, enforce the rights available to Owner 16.03 Owner May Terminate For Convenience under any applicable performance bond. C. Subject to the terms and operation of any A. Upon seven days written notice to Contractor • and Engineer,Owner may,without cause and applicable performance bond, if Owner has terminated the Contract for cause,Owner may without prejudice to any other right or remedy exclude Contractor from the Site, take of Owner, terminate the Contract. In such possession of the Work, incorporate in the case, Contractor shall be paid for (without Work all materials and equipment stored at the duplication of any items): Site or for which Owner has paid Contractor I. completed and acceptable Work but which are stored elsewhere,and complete executed in accordance with the the Work as Owner may deem expedient. Contract Documents prior to the effective date of termination, including D. Owner may not proceed with termination of fair and reasonable sums for overhead the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of and profit on such Work; notice of intent to terminate begins to correct 2. expenses sustained prior to the effective its failure to perform and proceeds diligently date of termination in performing to cure such failure. services and furnishing labor, materials, or equipment as required by the Contract E. If Owner proceeds as provided in Paragraph Documents in connection with 16.02.B, Contractor shall not be entitled to uncompleted Work, plus fair and receive any further payment until the Work is reasonable sums for overhead and profit completed. If the unpaid balance of the on such expenses;and Contract Price exceeds the cost to complete the Work, including all related claims, costs, 3. other reasonable expenses directly losses,and damages(including but not limited attributable to termination, including to all fees and charges of engineers,architects, costs incurred to prepare a termination attorneys, and other professionals) sustained for convenience cost proposal. by Owner, such excess will be paid to B. Contractor shall not be paid on account of loss Contractor. If the cost to complete the Work of anticipated overhead,profits,or revenue,or including such related claims, costs, losses, 11111 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 52 other economic loss arising out of or resulting 1. elect in writing to invoke the dispute from such termination. resolution process provided for in the 16.04 Contractor May Stop Work or Terminate Supplementary Conditions;or A. If,through no act or fault of Contractor,(1)the 2. agree with the other party to submit the Work is suspended for more than 90 dispute to another dispute resolution consecutive days by Owner or under an order process;or of court or other public authority, or (2) 3. if no dispute resolution process is Engineer fails to act on any Application for provided for in the Supplementary Payment within 30 days after it is submitted, Conditions or mutually agreed to, give or (3) Owner fails for 30 days to pay written notice to the other party of the Contractor any sum finally determined to be intent to submit the dispute to a court of due, then Contractor may, upon seven days competent jurisdiction. written notice to Owner and Engineer, and provided Owner or Engineer do not remedy ARTICLE 18--MISCELLANEOUS such suspension or failure within that time, terminate the contract and recover from 18.01 Giving Notice Owner payment on the same terms as provided in Paragraph 16.03. A. Whenever any provision of the Contract Documents requires the giving of written B. In lieu of terminating the Contract and without notice,it will be deemed to have been validly prejudice to any other right or remedy, if given if: Engineer has failed to act on an Application for Payment within 30 days after it is 1, delivered in person, by a commercial submitted, or Owner has failed for 30 days to courier service or otherwise, to the pay Contractor any sum finally determined to individual or to a member of the firm or be due, Contractor may, seven days after to an officer of the corporation for which written notice to Owner and Engineer,stop they it is intended;or Work until payment is made of all such 2. delivered at or sent by registered or • amounts due Contractor, including interest certified mail,postage prepaid,to the last thereon. The provisions of this paragraph are business address known to the sender of not intended to preclude Contractor from the notice. submitting a Change Proposal for an adjustment in Contract Price or Contract 18.02 Computation of Times Times or otherwise for expenses or damage A. When any period of time is referred to in the directly attributable to Contractor's stopping Contract by days, it will be computed to the Work as permitted by this paragraph. exclude the first and include the last day of such period.If the last day of any such period ARTICLE 17—FINAL RESOLUTION OF DISPUTES falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable 17.01 Methods and Procedures jurisdiction,such day will be omitted from the A. Disputes Subject to Final Resolution: The computation. following disputed matters are subject to final 18.03 Cumulative Remedies resolution under the provisions of this Article: A. The duties and obligations imposed by these 1. A timely appeal of an approval in part General Conditions and the rights and and denial in part of a Claim, or of a remedies available hereunder to the parties denial in full;and hereto are in addition to, and are not to be 2. Disputes between Owner and Contractor construed in any way as a limitation of, any concerning the Work or obligations rights and remedies available to any or all of under the Contract Documents, and them which are otherwise imposed or arising after final payment has been available by Laws or Regulations, by special made. warranty or guarantee, or by other provisions of the Contract. The provisions of this B. Final Resolution of Disputes:For any dispute paragraph will be as effective as if repeated subject to resolution under this Article,Owner specifically in the Contract Documents in or Contractor may: connection with each particular duty, EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 52 obligation, right, and remedy to which they apply. • 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. • 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 4111 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 52 • SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix"SC" added thereto. SC-1.01.A–Add new paragraphs immediately following Paragraph 1.01.A.48 as follows: 49. 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. 50. 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 articles used in equipping a facility or apparatus required to fulfill a functional design. 51. Geotechnical Data Report(GDR)—The factual report that collects and presents data regarding actual subsurface conditions at or adjacent to the Site, including Technical Data and other geotechnical data,prepared by or for Owner in support of the Geotechnical Engineering Report. The GDR's content may include logs of borings,trenches, and other site investigations, recorded measurements of subsurface water levels,the results of field and laboratory testing, and descriptions of the investigative and testing programs. The GDR does not include an interpretation of the data. If opinions, or interpretive or speculative non-factual comments or statements appear in a document that is labeled a GDR, such opinions, comments, or statements are not operative parts of the GDR and do not have contractual standing. Subject to that exception, the GDR is a Contract Document. 52. Geotechnical Engineering Report(GER)—The interpretive report prepared by or for Owner regarding subsurface conditions at the Site, and containing specific baseline geotechnical conditions that may be anticipated or relied upon for bidding and contract administration purposes, subject to the controlling provisions of the Contract, including the GER's own terms. The GER is a Contract Document. Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 53. Latent Defect: A defect in the Work of which the Owner has no actual • knowledge. 54. 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. 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 or fabricating items required by the Contract Documents, or otherwise performing Work required by the Contract Documents. Where the Specifications require the installation by a Specialist, that term shall also be deemed to mean either the manufacturer of the item, a person, partnership, firm, or corporation licensed by the manufacturer, or a person,partnership, firm, or corporation who will perform the Work under the manufacturer's direct supervision. 57. Utility: Any public or private fixed works for transporting fluids, gases, electricity, signals, or communications. SC-3.03.B.1.c–Add the following at the end of Paragraph 3.03.B.1.b: c. In resolving inconsistencies among two or more components of the Contract • Documents,precedence shall be given in the following order: 1. Permits 2. Agreement 3. Addenda 4. Contractor's Bid(Bid Form) 5. Supplementary Conditions 6. General Conditions 7. Specifications–Division 01 8. Specifications–Divisions 02– 17 9. Drawings 10. Bonds Change Orders, Work Change Directives, Field Orders, Engineer's written interpretation and clarifications and Notice to Proceed, in precedence listed, will take precedence over all other Contract Document components referenced herein. Figure dimensions on Drawings take precedence over scaled dimensions. The Drawings with the higher level of detail take precedence over less detailed Drawings. 4111 Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • SC-4.04.A—Progress Schedule: Add the following subparagraph to Paragraph 4.04.A immediately after subparagraph 4.04.A.2: 3. If Contractor falls behind the accepted Progress Schedule, Contractor shall 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. Owner may set-off payment in accordance with Article 15 until updated progress schedule is submitted and approved. SC-4.05.C.2—Add the following at the end of Paragraph 4.05.C.2: Such requests shall be accompanied with supporting documentation referenced to the NOAA INDEX weather in the Project vicinity. SC- 4.05.G—Change "within 30 days"to "within 10 days" SC-4.05—Add the following paragraph immediately after Paragraph 4.05.G: H. Contractor shall proceed expeditiously with adequate forces and shall achieve the Contract Times. Contractor shall accelerate the Work as required to achieve Contract Times at no additional cost to the Owner. Accelerated Work shall include, but not be limited to, expedited delivery of materials and equipment, • increasing the number of workers, working overtime, and working additional shifts. SC-5.01.B—Delete Paragraph 5.01.B in its entirety. SC-5.03 and SC-5.04. Delete Paragraph 5.03 and Paragraph 5.04 of the General Conditions in their entireties and replace with the following provisions: 5.03 Subsurface and Physical Conditions: A. Reports and Drawings: The Supplementary Conditions hereby identify: 1. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), and Technical Data contained in such drawings. Such drawings are as follows: a. Drawings dated 1973 by Stevens, Thompson, &Runyan, Inc., entitled"Durham Wastewater Treatment Plant" - Plans for construction. b. Drawings dated 1989 by HDR Engineering, Inc., entitled "Durham Wastewater Treatment Plant—Phase I Expansion". • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -3- pp March 2018 Treatment System Expansion Project c. Drawings dated 1991 by HDR Engineering, Inc., entitled 4111 "Durham Wastewater Treatment Plant—Phase IIB Expansion". d. Drawings dated 1999 by HDR Engineering, Inc., entitled "Durham Wastewater Treatment Plant—Phase III Expansion". e. Drawings dated 2008 by Montgomery Watson Harza Inc., entitled"Durham Advanced Wastewater Treatment Facility— Phase 4 Expansion—Influent Pump Station". (1)All of the information in such Drawings constitutes Technical Data on whose accuracy Contractor may rely. 3. Contractor may examine copies of reports and drawings identified in SC-5.03.0 and SC-5.03.D that were not included with the Bidding Documents at the Durham Advanced Wastewater Treatment Facility during regular business hours, or may request copies from Engineer. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data contained in such reports and drawings, but such reports and drawings are not Contract Documents. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. The completeness of such reports and drawings for Contractor's • P p purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. Any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. C. Geotechnical Baseline Report: 1. This Contract contains a Geotechnical Engineering Report ("GER"), dated December 1, 2017 prepared by Shannon and Wilson, Inc., 3990 Collins Way, Suite 100, Lake Oswego, OR 97035 entitled "Geotechnical Engineering Report—Durham Advanced Wastewater Treatment Facility— Clean Water Services — Secondary Clarifier" consisting of 60 pages. The Technical Data contained in such report upon whose accuracy Contractor may rely are those indicated in the definition of Technical Data in the General Conditions. This Contract also contains a Geotechnical Data Clean Water Services 00800 Supplementary Conditions • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • Report (GDR), dated December 1, 2017 prepared by Shannon and Wilson, Inc., 3990 Collins Way, Suite 100, Lake Oswego, OR 97035 entitled "Geotechnical Data Report — Durham Advanced Wastewater Treatment Facility — Clean Water Services — Secondary Clarifier" consisting of 60 pages. The Technical Data contained in such report upon whose accuracy Contractor may rely are those indicated in the definition of Technical Data in the General Conditions. 2. The GER and GDR are incorporated as Contract Documents. The GER and GDR are to be used in conjunction with other Contract Documents, including the Drawings and Specifications. If there is a conflict between the terms of the GER and the GDR,the GER's terms shall prevail. 3. The GER describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (referred to here in the Supplementary Conditions as "Baseline Conditions"). These may include ground, geological, groundwater, and other subsurface geotechnical conditions, and baselines of anticipated Underground Facilities or subsurface structures. 4. The Baseline Conditions shall be used to assist in the administration of the Contract's differing site conditions clause at locations where subsurface conditions have been baselined. If a condition is baselined in the GER, then only • the pertinent Baseline Conditions shall be used to determine whether there is a differing site condition; and no other indication of that condition in the Contract Documents or Technical Data, or of a condition that describes, quantifies, or measures a similar characteristic of the subsurface, shall be used for the differing site condition determination. 5. The Baseline Conditions shall not be used to make differing site conditions determinations at locations that have not been baselined in the GER, or at any location with respect to subsurface conditions that the Baseline Conditions do not address. If Underground Facilities or Hazardous Environmental Conditions are expressly addressed in the Baseline Conditions, then comparison to such Baseline Conditions shall be the primary means of determining a)whether an Underground Facility was shown or indicated with reasonable accuracy, as provided in Paragraph 5.05 of the General Conditions; or b)whether a Hazardous Environmental Condition was shown or indicated in the Contract Documents as indicated in Paragraph 5.06.H of the General Conditions. As indicated in Paragraph. SC-5.04 below, the GDR shall be the primary resource for differing site conditions determinations in cases in which the GER is inapplicable. 6. The descriptions of subsurface conditions provided in the GER are based on geotechnical investigations, laboratory tests, interpretation, interpolation, extrapolation, and analyses. Neither Owner, Engineer, nor any geotechnical or other consultant warrants or guarantees that actual subsurface conditions will be • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project as described in the GER, nor is the GER intended to warrant or guarantee the use II/ of specific means or methods of construction. 7. The behavior of the ground during construction depends substantially upon the Contractor's selected means, methods, techniques, sequences, and procedures of construction. If ground behavior conditions are baselined in the GER, they are based on stated assumptions regarding construction means and methods. 8. The GER shall not reduce or relieve Contractor of its responsibility for the planning, selection, and implementation of safety precautions and programs incident to Contractor's means, methods, techniques, sequences, and procedures of construction, or to the Work. SC-5.04 Differing Subsurface or Physical Conditions: A. Notice: If Contractor believes that any subsurface condition that is uncovered or revealed at the Site: 1. Differs materially from conditions shown or indicated in the GER; or 2. Differs materially from conditions shown or indicated in the GDR, to the extent the GER is inapplicable; or 3. Differs materially from conditions shown or indicated in Contract • Documents other than the GER or GDR, to the extent the GER and GDR are inapplicable; or 4. To the extent the GER and GDR are inapplicable, is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 5. To the extent the GER and GDR are inapplicable, is of such a nature as to require a change in the Drawings or Specifications; or 6. To the extent the GER and GDR are inapplicable, is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency)until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project 1111 question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph SC-5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption or continuation of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption or continuation of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or • interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph SC-5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03 of the General Conditions; and, c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project investigation, exploration, test, or study of the Site and contiguous • areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph SC/GER 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. SC-5.06. Delete Paragraph 5.06.A and Paragraph 5.06.B in their entirety and insert the following in their place: A.No reports or drawings related to Hazardous Environmental Conditions are known to Owner. • SC-6.01. Add the following language after Paragraph 6.01.A: Provide the following additional bond(s): 1. Contractor's Public Works Bond: a. Public works bond in the amount of$30,000 in accordance with the requirements of ORS 279C.836. SC-6.03. Add the following new paragraph immediately following Paragraph 6.03.A.4: 5. The limits of liability for the insurance required by Paragraph 6.03.A shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: A. Workers' Compensation and related coverages under Paragraph 6.03.A: 1. State: Minimum limit$1,000,000 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act Coverage: if applicable. Clean Water Services 00800 Supplementary Conditions • Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project 3. Employer's Liability: Bodily Injury, Each Accident: $ 1,000,000 Bodily Injury by Disease, Each Employee: $ 1,000,000 Bodily Injury/Disease Aggregate: $ 1,000,000 For work performed in monopolistic states, stop- gap liability coverage shall be endorsed to either the worker's compensation or commercial general liability policy with a minimum limit of: $ 1,000,000 4. Foreign Voluntary Worker Compensation: if applicable SC-6.03.B Add the following new paragraph immediately following Paragraph 6.03.B: Contractor's Commercial General Liability under Paragraph 6.03.B: a. General Aggregate Contract Bid Per Occurrence Limit • <$100,000 $ 1,000,000 $100,000 to $1,000,000 $ 2,000,000 > $1,000,000 $ 5,000,000 b. Products - Completed Operations Aggregate Contract Bid Per Occurrence Limit <$100,000 $ 1,000,000 $100,000 to $1,000,000 $ 2,000,000 > $1,000,000 $ 5,000,000 c. Personal and Advertising Injury (per person/Organization) $ 2,000,000 d. Each Occurrence(Bodily Injury and Property Damage) $ 2,000,000 • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -9- March 2018 Treatment System Expansion Project SC-6.03. Add the following new paragraph immediately following Paragraph 6.03.D: • 1. Contractor's Automobile Liability a. Bodily Injury: Each Person $ 1,000,000 Each Accident $ 1,000,000 b. Property Damage: Each Accident $ 1,000,000 c. Combined Single Limit of $ 1,000,000 SC-6.03. Add the following new paragraph immediately following Paragraph 6.03.E: 1. Excess or Umbrella Liability: a. General Aggregate $ 3,000,000 b. Each Occurrence $ 3,000,000 SC-6.03. Add the following new paragraph immediately following Paragraph 6.03.F: 1. Pollution Liability: a)Each Occurrence $ 1,000,000 b) General Aggregate $ 1,000,000 SC-6.03. Add the following language after Paragraph 6.03.G: 1. Include the following parties or entities as additional insured: a. Clean Water Services 2550 S.W. Hillsboro Highway, Hillsboro, Oregon 97123. b. Black&Veatch Corporation, 5885 Meadows Road, Suite 700, Lake Oswego, Oregon 97035 SC-6.03. Add the following new paragraph immediately following Paragraph 6.03.H: 1. Contractor's Professional Liability: a) Each Claim $ 1,000,000 b)Annual Aggregate $ 1,000,000 Clean Water Services 00800 Supplementary Conditions • Durham AWWTF Secondary -10- March 2018 Treatment System Expansion Project 11111 SC-6.05. Add the following after Paragraph 6.05.A.13: 14. Property insurance furnished under this Contract shall have deductibles no greater than$ 5,000 for direct physical loss in any one occurrence for sublimits except for earthquake,which shall have a maximum deductible of$ 50,000. 15. include for the benefit of Owner loss of profits and soft cost coverage including,without limitation, fixed expenses and debt service for a minimum of 12 months with a maximum deductible of 30 days,plus attorney's fees and engineering or other consultants' fees, if not otherwise covered; 18. Include by express endorsement coverage of damage to Contractor's equipment. SC-7.01.B—Add the following after the first sentence of Paragraph 7.01.B: If a replacement is necessary, the replacement shall also be a competent resident superintendent and shall be subject to approval by Owner. The Contractor's superintendent shall be present at the Site at all times while Work is in progress and shall be available by phone for emergencies 24 hours per day, 7 days per week. If at anytime the superintendent leaves the Project Site while Work is in progress, Engineer shall be notified and provided with the name of the • Contractor's representative having responsible charge. SC-7.02. Add the following language at the end of Paragraph 7.02.B: Contractor shall comply with ORS 279C.520. 1. Contractor and Subcontractor regular working hours shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday, excluding holidays. If a change to these standard hours is desired, a request must be placed with and approved by Owner and Engineer a minimum of five work days prior to the first day of altered hours. 2. Owner's legal holidays are New Years Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. SC-7.08 —Add the following paragraph immediately after Paragraph 7.08.A: B. Owner will pay the cost of all construction permits. SC-7.10. Add the following new paragraph(s) immediately after Paragraph 7.10.C: D. Those Laws and Regulations for which Contractor may be responsible are included as required by law or for the convenience of the Contractor in the • attached Appendix. Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -11- March 2018 Treatment System Expansion Project SC-7.12.0—Add the following paragraph immediately after Paragraph 7.12.0 • Contractors and Owners Safety Plan requirements are in section 01329 SC-7.19.B—Add the following sentence to Paragraph 7.19.B: The design professional shall be registered in the State of Oregon. SC-8.02. Delete Paragraph 8.02.A and 8.02.B in their entirety and replace with the following: A. Engineer and Owner will have authority and responsibility for coordination of Site activities for various contractors and utility owners at and adjacent to the Project Site. Contractor shall cooperate with this effort and assist the coordination of Work activities conducted by other contractors performing such other Work. B. Unless expressly assigned to Engineer or Owner, all other authority and responsibilities shall remain vested in each contractor and utility owner. SC-9.02.A—In Paragraph 9.02.A, delete the words "provided Contractor makes no reasonable objection to the replacement engineer" SC-10.03. Add the following new paragraphs immediately after Paragraph 10.03.A: • B. 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 10.08 and as set forth elsewhere in the Contract Documents and are further limited and described below. C. Responsibilities and Authority: 1. Schedules: Review and monitor Progress Schedule, Schedule of Submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Conduct or attend meetings with Contractor, such as preconstruction conferences,progress meetings, Work conferences and other Project related meetings. 3. Liaison: (i) Serve as Engineer's liaison with Contractor, working principally through Contractor's authorized representative, 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. Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -12- March 2018 Treatment System Expansion Project • 4. 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. 5. Submittals: Receive submittals that are furnished at the Site by Contractor, and notify Engineer of availability for examination. Advise Engineer and Contractor of the commencement of any Work or arrival of materials and equipment at Site, when recognized, requiring a Shop Drawing or Sample if the submittal has not been approved by Engineer. 6. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and provide recommendations to Engineer; transmit to Contractor, in writing decisions as issued by Engineer. 7. Review of Work and Rejection of Defective Work: (i) Conduct onsite observations of the Work in progress to assist Engineer in determining if the Work is, in general,proceeding in accordance with the Contract Documents; (ii) inform Engineer and Contractor whenever RPR believes that any Work is defective; (iii) advise Engineer whenever RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the • design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged or does not meet the requirements of any inspection test, or approval required to be made; and advise Engineer of that part of the Work in progress that RPR believes should be corrected or rejected or uncovered for observation, or requires special testing, inspection, or approval. 8. Inspections, Tests, and System Startups: (i) Verify 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; (ii) observe, record, and report to Engineer appropriate details relative to the test procedures and system startups; and (iii) accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,record the results of these inspections, and report to Engineer. 9. Records: (i)Maintain records for use in preparing Project documentation; (ii)keep a diary or log book recording pertinent Site conditions, activities, decisions and events; (iii)record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of Contractors, Subcontractors, and major Suppliers of materials and equipment. 111 Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -13- March 2018 Treatment System Expansion Project 10. Reports: (i)Furnish Engineer periodic reports of progress of the Work and of Contractor's compliance with the Progress Schedule and Schedule • of Submittals; (ii) immediately notify Engineer of the occurrence of Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition; and(iii) assist Engineer in drafting proposed Change Orders, Work Change Directives, and Field Orders; obtain backup material from Contractor as appropriate. 11. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer,noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify materials and equipment certificates and operation and maintenance manuals and other data required by Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents been delivered to Engineer for review and forwarding to Owner prior to payment for that part of the 13. Completion: (i)Participate in a Substantial Completion inspection; 1111 assist in determination of Substantial Completion and the preparation of lists of items to be completed or corrected; (ii)Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied; and(iii) observe whether items on final list have been completed or corrected, and make recommendations to Engineer concerning acceptance. D. Limitations of Authority: Resident Project Representative will not: 1. have authority to authorize a deviation from Contract Documents or substitution of materials or equipment,unless authorized by Engineer; or 2. undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's authorized representative; or 3. advise on, issue directions relative to, or assume control over an aspect of the means, methods, techniques, sequences, or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents; or Clean Water Services 00800 Supplementary Conditions • Durham AWWTF Secondary -14- March 2018 Treatment System Expansion Project • 4. advise on, issue directions regarding, or assume control over safety practices,precautions, and programs in connection with the activities or operations of Owner or Contractor; or 5. participate in specialized field or laboratory tests or inspections conducted offsite by others, except as specifically authorized by Engineer; or 6. accept Shop Drawings or Samples from anyone other than Contractor; or 7. authorize Owner to occupy the Project in whole or in part. SC-11.05. Add the following at the end of Paragraph 11.05.B: All requests for time extensions shall be supported by Schedule analysis showing the effect on the entire Project taking into account concurrent Work and the critical path, including float. Partial demonstration of impact on particular operations only will not be acceptable to show the criticality of any event on the Project Schedule as a whole. SC-11.05. Add the following paragraph after Paragraph 11.05.B: C. Use of Float: 1111 1. A claim for an adjustment of Contract Times (or Milestones), otherwise allowable under the Contract Documents, shall be granted only when the time lost or gained exceeds the float for the activity at the time of the event giving rise to the claim. Float, the amount of time between the early start date and the late start date, or the early finish date and the late finish date, is jointly owned by both Owner and Contractor whether expressly disclosed or implied in any manner. 2. Contractor shall not use float suppression techniques (including, but not limited to,preferential sequencing caused by late starts of follow-up trades, unreasonably small crews, extended durations, or imposed dates) in information provided to Engineer. SC-11.07. Add the following paragraphs after Paragraph 11.07.B: 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; Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -15- March 2018 Treatment System Expansion Project 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; 6. the individual signing the Change Order for Contractor represents by signing that he or she is fully authorized to bind Contractor; and 7. 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(RFIs) of the Contractor and Engineer's responses to RFIs that result in the development • and execution of a Change Order shall be attached to and referenced in the Change Order. SC-11.09—Add the following paragraph to ARTICLE 11 —AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK: 11.09 Cost Reduction Incentive A. Contractor may submit cost reduction proposals to the Engineer for modifying the plans, Specifications, or other requirements of this Contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair the essential functions or characteristics of the Project, including, but not limited to, service life, economy of operation, ease of maintenance, desired appearance, or safety standards. B. Cost reduction proposals shall contain the following information: 1. A description of both the existing Contract requirements and the proposed changes. 2. An itemization of the change in Contract requirements if the cost reduction proposal is adopted. 4111 Supplementary Water Services 00800 pp y Conditions Durham AWWTF Secondary -16- March 2018 Treatment System Expansion Project 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 Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -17- March 2018 Treatment System Expansion Project 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 percent of the net cost savings. The amount specified to accrue to the Contractor in the Change Order for a cost reduction proposal shall constitute full compensation to the Contractor for all Work associated with the cost reduction proposal. H. Acceptance of the cost reduction proposal and performance of the Work thereunder shall not extend the time of the Contract unless specifically provided for in the Contract Change Order incorporating the cost reduction proposal. I. Owner expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Owner when it determines that the cost reduction proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only 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 identica +1 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-12.01. Delete Paragraph 12.01.D in its entirety and replace with the following: D. Executive Negotiation 1. 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. 2. 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 Article 17. Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -18- March 2018 Treatment System Expansion Project • SC-12.01.G Delete the words "direct" and"mediation," in the first sentence. SC-12.02—Add the following paragraph to ARTICLE 12—CLAIMS: 12.02 Right 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. • SC-13.01.A.1 —Delete Paragraph 13.01.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-13.01.B.4—In Paragraph 13.01.B.4, delete the word"special" and replace with the word"technical". • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -19- March 2018 Treatment System Expansion Project SC-13.01. Delete Paragraph 13.01.B.5.c in its entirety and insert the following in its place: c. Rentals of construction equipment at the rental rate listed for such equipment or from rate sheets from local rental companies. Such rental rate will be used to compute payments for equipment whether the equipment is under the Contractor's control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment will be the rate resulting in the least total cost to the Owner for the total period of use. If it is deemed necessary by the Contractor to use the equipment not listed by the references specified herein, an equitable rental rate for the equipment will be established by the Engineer. The Contractor may furnish cost data which might assist the Engineer in the establishment of the rental rate. Payment shall be subject to the following: 1)Payment for equipment which is already on the Project Site and which is used in the completion of extra Work will not be allowed; 2) All equipment shall, in the opinion of the Engineer,be in good working condition and suitable for the purpose for which the equipment is to be used; 3) Before construction equipment is used on the extra • Work,the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Engineer, in duplicate, a description of the equipment and its identifying number; 4)Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least minimum rating recommended by the manufacturer; 5) Individual pieces of equipment or tools having a replacement value of$500 or less,whether or not consumed by use,will be considered to be small tools and no payment will be made therefore; and 6) Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time to be paid for equipment at the Site will be the time the equipment is in productive operation on the extra Work being performed and, in addition,will include the time required to move the • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -20- March 2018 Treatment System Expansion Project • 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. SC-13.01.C.5—Insert the words ", including lost opportunity costs"between the words "kind" and"and"in the second line. Delete the "s" on Paragraphs in this same paragraph. SC-14.02.B. Replace "Owner shall"with"Owner shall perform testing and inspections itself or shall"at the beginning of this paragraph. SC-14.02.D. Add the following subparagraph after Paragraph 14.02.D.5: 6. retesting required because of nonconformance to the requirements of the Contract Documents SC-14.02. Add the following paragraph at the end of Paragraph 14.02.F: • G. 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: 6. Basic requirements of ASTM E329, "Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection" as applicable. 7. Calibrate testing equipment at reasonable intervals by devices of accuracy,traceable to the National Institute of Standards and Technology or accepted values of natural physical constants. SC-15.01.B. Replace "At least 20 days before the date established in the Agreement for each progress payment"with"At least 20 days before the first day of each month" at the beginning of this paragraph. • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -21- March 2018 Treatment System Expansion Project SC-15.01.B. Add the following subparagraph after Paragraph 15.01.B.3: • 4. 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 Shop Drawings schedules, procurement schedules, value of material on hand included in the application, and other data specified in Section 01330, Submittal Procedures, or reasonably required by Engineer. 5. Unless otherwise indicated in Contract Documents, partial payment for equipment shall be as follows: a) 5 percent upon final approval of Shop Drawings by Engineer or Owner. b) 55 percent upon delivery of goods. c) 35 percent upon startup and final acceptance of goods by Engineer or Owner. d) 5 percent upon delivery of O&M manuals. SC-15.01.C.1. Replace "10"with"15" at the beginning of this paragraph. SC-15.01.D. Delete Paragraph 15.01.D in its entirety and insert the following in its place: D. Payment Becomes Due: Thirty days after presentation of the Application for Payment to Engineer or • 15 days after approval of Application for Payment by Owner, whichever comes first, the amount recommended will (subject to the provisions of Paragraph 15.01.E)become due and when due will be paid by Owner to Contractor. The Engineer shall have 15 days from receipt of Application for Payment to notify Contractor if all or part of the Application for Payment is in dispute. SC-15.01.E Add the following immediately after Paragraph 15.01.E.1.e: ,including extra cost of inspection made necessary by delayed Work by Contractor under Article 4.05 SC 15.03.A. Add the following at the end of Paragraph 15.03.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 • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -22- March 2018 Treatment System Expansion Project III 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, Work Restrictions. 1. Conditions precedent to Substantial Completion of the Work and Engineer's issuance of a Certificate of Substantial Completion shall include: 1 I a. Conformance with all training services requirements and deliverables. b. Acceptance of all preliminary operation and maintenance manuals by Owner and Engineer. c. Submittal of current record documents to Owner and Engineer. d. Correction of all state, local, and other regulatory agencies defective Work lists. e. Submittals have been received and approved by Engineer including, but not limited to, the following: 1). Approved Shop Drawings. 2). Record Drawings and Specifications. III3). Electrical testing and wiring diagram. 4). Equipment data forms. 5). Manufacturer's certificates of proper installation. 6). Factory test reports. 7). Commissioning,testing and startup reports. SC 15.03.B. Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer,the cost of such re-inspection or re-testing, including the cost of time,travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed,then Owner may impose a reasonable set-off under Article 15.01.E Reductions in payment by Owner against payments due. SC-16.04—Contractor May Stop Work or Terminate: Delete Paragraph 16.04 in its entirety. Ill Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -23- March 2018 Treatment System Expansion Project SC-17.01. Delete Paragraph 17.01 in its entirety and replace with the following: 17.01 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 15.06) shall first be submitted to mediation under the Construction Industry Mediation Rules of the American Arbitration Association then obtaining subject to the limitations of this Article 17. 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 15.06) shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association subject to the limitations of this Article 17. C. This Agreement so to mediate or to arbitrate and any other agreement or consent to mediate or to arbitrate entered into in 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 Article 11 and 12 will be made later than 10 days after the date the executive negotiation has been declared unsuccessful by Owner or Contractor; and the failure to demand mediation or arbitration within said 10 days' period will result in Engineer's decision being final and binding upon Owner and Contractor. If Engineer renders a further decision after mediation or arbitration proceedings have been initiated,the decision may be entered as evidence but will not supersede the proceedings, except where the decision is acceptable to the parties concerned. Time deadlines specified above apply to 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 will be made within the ten day periods specified in Paragraph 17.01.D as applicable, and in all other cases within a reasonable time after the unsettled Claim, dispute or other matter has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on Clean Water Services 00800 Supplementary Conditions • Durham AWWTF Secondary -24- March 2018 Treatment System Expansion Project such unsettled Claim, dispute or other matter would be barred by the applicable statute of limitations. F. Except as provided in Paragraphs 17.01.G and H below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity who is not a party to the Contract unless: 1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitrations, and 2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 3. the written consent of the other person or entity sought to be included and the Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any appealed or unsettled Claim, dispute or other matter not specifically described in such consent or to arbitration with any party not specifically identified in such consent. • G.Notwithstanding Paragraph 17.01.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 17.01.F, if an appealed or unsettled Claim, dispute or other matter between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation or arbitration between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by Paragraph 7.06.G of the General Conditions a specific provision whereby the Subcontractor consents to being joined in mediation or arbitration between Owner and Contractor involving the Work of such Subcontractor. Nothing in this Paragraph 17.01.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. At the conclusion of the mediation process specified herein,the Contractor will, p 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"). • Clean Water Services 00800 Supplementary Conditions Durham AWWTF Secondary -25- March 2018 Treatment System Expansion Project J. The results of successful mediation will be implemented by a Change Order. • The award rendered by the arbitrators will be final,judgement may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal. SC-17.03. Add the following new paragraph immediately after Paragraph 17.02: 17.03 Attorney Fees The costs of any binding dispute resolution procedure shall be borne by the non- prevailing Party, as determined by the adjudicator of the dispute. 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 percent of the difference between its Certified Claim and the amount of the Owner's Final Offer, Contractor would be entitled to recover 40 percent of its reasonable attorney's fees incurred in the prosecuting the Claim and the Owner would be entitled to recover 60 percent of its reasonable attorney's fees incurred in defending the Claim. On the other hand, • if the Contractor recovers 60 percent of the difference between its Certified Claim and the amount of the Owner's Final Offer, Contractor would be entitled to recover 60 percent of its reasonable attorney's fees in prosecuting the Claim and the Owner would be entitled to recover 40 percent 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. END OF SECTION Clean Water Services 00800 Supplementary Conditions • Durham AWWTF Secondary -26- March 2018 Treatment System Expansion Project • OREGON PREVAILING WAGE RATES •�• The applicable Oregon Minimum Prevailing Wage Rates are contained in the publication Prevailing Wage Rates for Public Works Contracts in Oregon effective January 1, 2018, including all applicable amendments (see links at http://www.oregon.goviboli/WHD/PWR/doeskianuary l 2018%20 PW. . .pdf), available at http://www.oregon.goviboli, and are incorporated herein as though fully set forth as of the date the Bidding Documents are first advertised. • • Clean Water Services 00810 Oregon Prevailing Wage Rates Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01012 PARTNERING PART 1 GENERAL 1.01 GENERAL A. OWNER intends to encourage the foundation of a cohesive partnership between the OWNER, CONTRACTOR, and ENGINEER. This partnership will be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. B. Project partnering recognizes that OWNER, CONTRACTOR, and ENGINEER all hold in common the goal of successful completion of this project, including the following specific goals: 1. Construction that meets the project performance standards as defined in the Drawing and Specifications of the Contract. 2. Completion of the project on schedule. 3. Conformance to budgetary requirements and limitations. C. It is recognized that safety, liability limitations, avoidance of litigation, reputation, good will, and other factors are of significant importance to all parties involved. • D. Through partnering, it is the OWNER's intent that the parties will develop an open, communicative relationship such that agreement can be reached on the primary goals of the Project and the methods that will be used to accomplish them. The parties will mutually develop a communication framework and a conflict resolution system to be used throughout the Project. E. The establishment of a partnering relationship shall not change or modify the Terms and Conditions of the Contract and will not relieve the parties of the requirements of the Contract. 1.02 SCHEDULING A. Initial Workshop: 1. An initial 1/2-day workshop will be scheduled by the OWNER within 30 days after,the Notice to Proceed, but prior to beginning Work onsite. 2. The workshop will be held at an agreed on location. B. Additional Sessions: Additional 2-hour partnering sessions shall be held every 3 months throughout the Project in order to confirm the relationship and assure the partnering effort continues to be successful. These sessions may take the form of a formal evaluation measuring success towards meeting the established goals and objectives. • Clean Water Services 01012 Partnering Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 1.03 ATTENDEES • A. The following persons will be expected to attend all partnering sessions, at a minimum: 1. CONTRACTOR: a. Project Sponsor (Principal-in-Charge) b. Project Manager c. Project Superintendent 2. OWNER: a. Division Manager b. Project Manager c. Resident Project Representative(s) 3. ENGINEER: a. Principal-in-Charge b. Project Manager 1.04 FACILITATORS A. A partnering facilitator may be provided by OWNER to help establish and monitor the partnering relationship. PART 2 PRODUCTS - Not Used. PART 3 EXECUTION - Not Used. • END OF SECTION • Clean Water Services 01012 Partnering Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project SECTION 01110 • SUMMARY OF WORK PART 1 GENERAL 1.01 THE REQUIREMENTS A. The Work in this Contract shall consist of performing all Work to fulfill the requirements set forth in the Contract Documents. 1.02 WORK COVERED BY CONTRACT A. The Work under this Contract will consist of, but is not limited to furnishing all labor, materials and equipment necessary to: 1. Install a new aeration basin, Aeration Basin 5, to provide enhanced biological phosphorus removal (EBPR)and ammonia removal. 2. Install new influent piping from the existing Primary Effluent Pump Station to new Aeration Basin 5. 3. Install a new secondary clarifier(SC), Secondary Clarifier 5, dedicated to Aeration Basin 5. • 4. Extend the existing below grade operations tunnel adjacent to existing treatment trains 3 and 4 to new Aeration Basin 5. 5. Install a new Return Activated Sludge and Waste Activated Sludge Pumping Station serving new Secondary Treatment Train 5 within the tunnel extension,with space for future equipment to serve a future secondary treatment train(Train 6). 6. Install a secondary effluent conveyance channel to convey effluent from existing SCs 3 and 4, and new SC 5 to a new Secondary Effluent Collection Structure (SECS). 7. Install a new Secondary Effluent Collection Structure to allow diversion of excess secondary effluent to existing surge basins, including piping connections to the existing Secondary Effluent Diversion Structure (SEDS), modifications to the existing SEDS and existing surge basins. 8. Install temporary pumping as necessary to maintain tertiary treatment of secondary effluent during modifications to the existing SEDS and connection of the new SECS to the existing SEDS. 9. Install modifications to the existing surge basins to allow use by secondary effluent. • Clean Water Services 01110 Summary of Work Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 10. Install new building to house electrical distribution and instrumentation and controls equipment associated with Secondary Treatment Train 5 with room for future expansion. 11. Extend existing aeration blower air piping and existing utilities to Aeration Basin 5, SC5 and associated pumping stations. 12. Install a new bio-filter based odor control system including new blowers and odor control ducting. 13. Install yard piping, asphalt roadway, curbing, storm drain collection structures and other surface and underground improvements. 14. Install a new motor control center, electrical panelboards, transformers, instrumentation and control panels, associated conduits, conductors, and other appurtenances necessary to complete the Work and to provide a complete and functional system constructed in accordance with the Contract Documents. The Work also includes furnishing and installing related equipment,temporary items, and other appurtenances necessary to complete the Work and to provide a complete and functional system in accordance with the Contract Documents. B. The Work is located at the Durham Advanced Wastewater Treatment Facility, 16580 S.W. 85th Avenue, Tigard, OR 97224 (Durham AWWTF). • 1.03 OTHER WORK AT THE SITE A. Other Work or Adjacent Work at the site is to be coordinated per General Condition Article 8 OTHER WORK AT THE SITE. The following list includes,but not limited to, the additional Work occurring at the Site: 1. Installation by others of a new Medium Voltage Switchgear adjacent to the west edge of Aeration Basin 5. This switchgear will provide power to the new electrical building installed as part of this project. 2. Installation by others of a new Lime System in the Chemical Building and in the tunnels. This system will provide lime to Aeration Basin 5. 1.04 WORK SEQUENCE A. Contractor's attention is directed to Contract Specification 01140 Work Restrictions for detailed information on the Work sequence restrictions. B. Contractor shall sequence Work and Site access so that it will not interfere with wastewater treatment operations. The facility must remain in service at all times. Clean Water Services 01110 Summary of Work • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project 411 C. Contractor shall schedule all Work with Owner's personnel to minimize interference with operating the facility. 1.05 CONTRACTOR USE OF SITE A. Contractor's use of the Site shall be limited to its construction operations, including onsite storage of materials, onsite fabrication facilities, and field offices. B. Contractor access points, staging and parking areas have been designated on the Contract Drawings. Contractor shall restrict its operations to those areas and where the Contract Work shall be performed. C. Contractor is advised that all indoor areas (buildings and galleries) are nonsmoking areas. D. Contractor and subcontractor personnel shall be required to wear appropriate personal protective equipment at all times on the site, including hardhats of a single color as directed by the Owner. Hardhats shall also include the company name and logo of their employer. 1.06 OWNER USE OF THE SITE A. Owner will utilize the Site during the entire period of construction to conduct • Owner's normal operations. 1.07 PROJECT MEETINGS A. Preconstruction Conference: 1. Prior to commencing Work at the Site, a preconstruction conference will be held at Owner's office at a mutually agreed time, but no later than 14 days after the Notice to Proceed. The conference shall be attended by the Contractor's Project Manager, Superintendent, Quality Control Engineer, Safety Representative, and Subcontractors. Subcontractor attendance shall be requested and approved by Engineer. Other attendees will be: a. Engineer and the Resident Project Representative b. Representatives of Owner c. Governmental representatives, as appropriate d. Utilities representatives, as appropriate e. Others as requested by Contractor and Owner upon approval by the Engineer 2. Contractor shall bring the preconstruction conference submittals in accordance with Section 01330, Submittal Procedures. 3. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The 11111 Clean Water Services 01110 Summary of Work Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project complete agenda will be furnished to Contractor prior to the meeting 411 date. 4. Contractor should be prepared to discuss all of the items listed below. a. Contractor's initial Project Schedule that highlights key Work Restrictions and Work Sequence items b. Major equipment deliveries and storage plan c. Shop Drawing, Samples, and Other Submittals schedule per 01330 d. Submittal procedure for Submittal of Shop Drawing, Samples, and Other Submittals e. Processing applications for payment f. Maintaining record documents procedure g. Permit Inspection and Special inspection coordination procedures. h. Field decisions and Change Orders procedures i. Use of Site, office, storage areas, and housekeeping j. Site security procedures k. Emergency alarm procedures 1. Emergency assembly areas and emergency personnel direction m. Deactivation Request procedures n. Daily reporting of construction activities procedure o. Temporary utilities. p. Designation of Contractors Authorized Representatives and contact information 1) Project Principal 2) Project Manager 3) Superintendent 4) Subcontractor superintendent representatives 5. Engineer will preside at the preconstruction conference and will arrange for keeping and distributing the minutes to all persons in attendance. Contractor shall advise Engineer within five days of receipt of the minutes if Contractor does not agree with the content of the minutes. 6. Contractor and its subcontractors should plan on the conference taking four hours. The conference will include reviewing the Contract Drawings and Specifications with Engineer and Owner. B. Progress Meetings: 1. Engineer will schedule and hold regular onsite progress meetings at least weekly and at other times as requested by Contractor or as required by progress of the Work. Contractor and Engineer shall attend each meeting and representatives of Owner may also attend. Contractor may at its discretion request attendance by representatives of its suppliers, manufacturers, and subcontractors. Attendance by such representatives shall be subject to approval of Engineer. Clean Water Services 01110 Summary of Work • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project 2. Contractor to present the following at the progress meeting: • a. Overall CPM schedule per Specification Section 01324— Construction Schedule and anticipated updates to overall CPM Schedule b. Three-week look-ahead schedule as a detailed subset of the overall CPM schedule c. Submittal status d. Request for Information status e. Change order status f. Coordination with operations for facility deactivation and tie-in requests status g. Permit coordination status h. Issues that may impact its progress and propose solutions to resolve these issues i. Payment application status j. Contractor shall include additional status information requested by Engineer 3. Engineer will preside at the progress meetings and will arrange for keeping and distributing the minutes. Contractor shall advise Engineer within five days of receipt of minutes if Contractor does not agree with the content of the minutes. 4. Engineer shall review the following: a. Actual start and finish dates of completed activities since the last • progress meeting b. Durations and progress of activities not completed c. Percentage completion of items on the Application for Payment d. Overall Project progress per the current CPM Construction Schedule and the potential effect on Contract Time and Contract Price 1.08 PRE-INSTALLATION MEETINGS A. Contractor shall provide pre-installation coordination on meetin s for Work elements that require specialized equipment, suppliers, manufacturers, and installers to ensure successful integration into the Project. Pre-installation meetings coordination meetings include: 1. Electrical, Instrumentation, and Controls Pre-submittal Conference a. Specification Section 17050 Basic Measurement and Control Instrumentation Materials and Methods 2. Major tie-ins to existing equipment/piping. a. Electrical and Controls tie ins b. Primary Effluent piping tie in c. Low Pressure Air piping tie in d. RAS piping tie in e. Drain Piping tie in • Clean Water Services 01110 Summary of Work Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project f. Secondary Effluent tie ins • g. Other misc small process tie ins B. Contractor shall distribute to each anticipated participant a written notice and agenda for each meeting at least four days before the meeting. C. Contractor shall schedule the pre-installation meeting per the specification requirements or at least 21 days in advance of installation. D. Contractors shall conduct meetings in Engineer's field office or other mutually agreed upon place. E. Contractor shall require attendance of the Superintendent and all appropriate manufacturers, suppliers, installers, and subcontractors. F. Contractor shall invite Owner and Engineer. G. Engineer to preside at meetings. H. Engineer to record minutes of meeting and distribute copies of minutes to participants and interested parties. 1.09 POST CONSTRUCTION MEETING A. Contractor shall meet with Owner and Engineer and inspect the Work • 11 months after the date of Substantial Completion. B. Owner shall arrange the meeting at least 7 days before meeting. C. Contractor shall meet in Owner's office or other mutually agreed upon place. D. Contractor shall inspect the Work with Owner and Engineer and draft a list of items to be completed or corrected. E. Contractor shall review the service and maintenance contracts with Owner and Engineer, and take appropriate corrective action when necessary. F. Contractor shall complete or correct defective work and extend the correction period accordingly per General Conditions 15.08 Correction Period. G. Contractor shall require attendance of Superintendent, appropriate manufacturers and installers of major units of constructions, and affected subcontractors. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION • Clean Water Services 01110 Summary of Work Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project • SECTION 01140 WORK RESTRICTIONS PART 1 GENERAL 1.01 THE REQUIREMENT A. Work shall be scheduled, sequenced, and performed in a manner which minimizes disruption to the public and the operation and maintenance of existing facilities. B. The Contractor shall incorporate the construction and schedule constraints of this Section in preparing the construction schedules required under Section 01324, Construction Schedule. 1.02 EXISTING TREATMENT PLANT A. The Work shall be executed while all existing wastewater treatment facilities and pump stations are in operation. B. Operation of the existing facility shall not be jeopardized nor shall the efficiency or volume of wastewater conveyance be reduced as a result of the execution of the Work. Impairing the operational capabilities of the treatment • plant will result in serious environmental damage and monetary fines. C. Conduct Work in a manner that will not impair the operational capabilities of essential elements of the treatment process or reduce the capacity of the entire treatment plant below levels sufficient to treat the quality of wastewater to the water quality limitations specified in the discharge permit. The status of the treatment plant shall be defined as "operational"when it is capable of treating the entire quantity of wastewater received to the water quality limits specified in the discharge permit. D. The construction sequence and constraints in this Section do not include all items affecting the completion of the Work, but are intended to describe the sequence of critical events and associated constraints necessary to minimize disruption to the ongoing treatment plant processes and to ensure compliance with NPDES Permit requirements and prevent all overflows within the collection system. E. The Work Restrictions described are not all inclusive and that additional items of Work not included or described may be required to minimize disruption and ensure operational compliance. Deviation from or modification of these suggested sequences is permitted if techniques and methods known to the Contractor will result in reducing disruption to the facility operation and maintaining treatment efficiency, avoiding violation of scheduling constraints, • Clean Water to Services 01140 Work Restrictions Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project and if deviation is approved in advance by the Engineer and Owner's • Representative. 1.03 OPERATION OF PLANT EQUIPMENT A. Operational functions, deactivations, or shutdown of existing treatment plant processes or equipment required to facilitate Contractor's Work will be done by the Owner's personnel only. B. The plant operation and maintenance personnel will cooperate as is practical in order to facilitate Contractor's Work. However, certain shutdown and connections may only be permissible at times other than normal working hours such as nights or weekends.No additional payment will be made to the Contractor for any night, weekend, or holiday premium or overtime payments. C. If it becomes necessary for the proper operation or maintenance of portions of the plant,the Owner may require the Contractor to reschedule an approved shutdown. If notice of said rescheduling is given to the Contractor at least 24 hours in advance of the scheduled shutdown,the Contractor shall not be entitled to additional compensation due to the impacts of rescheduling.The Contractor shall then reschedule its Work so there shall be no conflict with necessary operations or maintenance of the plant. The Contractor shall, within 2 working days, furnish the Owner's Representative a revised Deactivation Request and a plan for rescheduling the shutdown in accordance with the requirements of the construction schedule. 411 1.04 DEACTIVATION REQUESTS A. The Contractor shall not remove from service, operate any equipment,tie-in, de-energize, and or modify operational settings for any facility without permission from the Owner's Representative. B. Modifications to existing facilities,the construction of new facilities, and the connection of new to existing facilities may require the temporary outage or bypass of existing treatment processes or facilities. In such cases,the Contractor shall coordinate Work with the Owner's Representative as described below. The Contractor shall submit a detailed Deactivation Plan and time schedule for all Work activities to accomplish modification. C. Deactivation Plans shall be submitted to the Owner's Representative for approval a minimum of 14 days in advance of the time that such deactivations are required. The Deactivation Plan shall be coordinated with the construction schedule and shall meet the Work Restrictions. The Deactivation Plan shall describe the Contractor's method of bypassing any deactivated unit and for preventing bypassing of other treatment units; the length of time required to complete the operation; any necessary temporary power, controls, instrumentation, or alarms required to maintain control, monitoring, and alarms for the associated facilities; and the manpower, plant, and equipment • Clean Water Services 01140 Work Restrictions Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project which the Contractor shall provide in order to ensure proper operation of • associated treatment units. All costs for preparing and implementing the Deactivation Plans shall be the responsibility of the Contractor as part of the Work. D. The Contractor shall not begin an alteration affecting existing facilities until specific written approval has been granted by the Owner's Representative in each case. E. The Owner's Representative will coordinate the Contractor's planned procedure with Owner personnel. The Owner's Representative have the authority to modify any proposed shutdown procedures if such procedures would adversely impact the plant operations. F. The Owner's Representative shall be notified in writing a minimum of 7 days in advance of the required deactivation if the schedule for performing the Work has changed or if revisions to the Deactivation Plan are required. This notification shall also provide confirmation that the Contractor has all the required parts, materials, tools, and equipment on-hand to successfully undertake and complete the deactivation. 1.05 BYPASS FACILITIES A. Bypassing of untreated or partially treated sewage to surface waters or • drainage courses is strictly prohibited during construction. In the event accidental bypassing is caused by the Contractor's operations, the Owner shall immediately be entitled to employ others to stop the bypassing and costs incurred there from, including any regulatory agency fines resulting there from, will be deducted from the Contractor's construction progress payments. If accidental bypass occurs, the Contractor shall immediately inform the Owner's Representative. B. Install and maintain bypass facilities, including pumping, and temporary components required to keep facility operations online. C. Bypass pumping control must mimic typical plant flow and must be capable of evenly splitting flow and controlling flow rate based on process requirements. D. Bypass pumping redundancy, installed or standby, must be provided and approved by Engineer and Owner prior to use. E. Conditions that require bypass facilities include,but are not limited to: 1. Work sequencing activities required to complete Project. 2. Failure to meet Work Constraints identified herein. 3. Inclement weather during temporary shutdowns that require increased • treatment or containment capacity. Clean Water Services 01140 Work Restrictions Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 1.06 TEMPORARY CONNECTIONS • A. The making of connections to existing facilities or other operations that interfere with the operation of the existing equipment or process flow paths shall be thoroughly planned in advance, and all required equipment, materials, and labor shall be on hand at the time of undertaking the connections. Work shall be completed as quickly as possible and with as little delay as possible, and shall proceed continuously(24 hours a day and 7 days a week) if necessary to complete modifications and/or connections in the minimum time. B. The cost of any temporary facilities and night, weekend, or holiday work and overtime payments required during process interruptions shall be included in the price of the Work. C. Temporary facilities and piping shall be provided to minimize interference by Contractor with Owner's operation and maintenance of the wastewater treatment plant. Unless otherwise indicated, each temporary pipeline (including sample lines) shall be of the same size as its connection to the existing or permanent facility at the downstream end of the pipeline. Piping materials shall be suitable for the material being conveyed and be as required in the Contract Specifications. Temporary bulkheads necessary to isolate wetted process areas to perform Work shall be designed and stamped by an engineer registered in the State of Oregon. D. When temporary electrical power, controls, instrumentation, or alarms are 41) required for routine continuous operations of existing or new equipment,the Contractor shall provide the necessary equipment and appurtenances. Prior to installing said equipment and appurtenances, Contractor shall furnish a submittal on the proposed components and installation for Engineer's review and approval. E. A plan showing the size and location of the temporary facilities and piping shall be submitted to the Engineer and Owner's Representative at the same time as the Deactivation Plan required under this Section. All costs for design, provision, operation, and removal of temporary facilities and piping shall be the responsibility of the Contractor. 1111 Clean Water Services 01140 Work Restrictions Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project 11111 1.07 SCHEDULE CONSTRAINTS A. General: It is the Contractor's responsibility to coordinate and plan the construction activities to integrate each schedule constraint into performance of the overall Work. The constraints identified herein are general descriptions of the major activities requiring sequencing or interface with the existing plant operation. It is not the intent of this Section to list all sequences, constraints, or coordination items required for the Work. Coordination of the detailed Work constraints within Specification Sections is required. B. Contractor shall review the requirements for start-up and testing in Section 01756 Testing and Facility Startup. C. Process, Facility, or Service Shutdown: 1. All diversions and shutdowns to plant flows and processes shall be subject to the requirements for a deactivation request and actual process, flow, and weather conditions existing at the time of the requested deactivation. Owner's determination regarding the acceptability of proceeding with a planned diversion or shutdown shall be final. 2. Contractor shall work continuously during diversions and shutdowns (1) if necessary, (2)when specified, or(3)when requested by Owner and Engineer to complete the work within the time allotted. • D. Work Constraints: 1. The submitted Work Sequence Plan shall incorporate the following general Work Constraints regarding treatment plant operations: a. Contractor must allow sludge haulers full use of and unimpeded access to WWTP roads at all hours. b. Contractor must allow grit and screening haulers full use of and unimpeded access to the headworks during regular work hours. c. Contractor shall maintain access for chemical delivery at all times. d. Contractor shall maintain access to the Solids Building Truck Loading Facility at all times. e. Contractor shall provide security fencing so as to secure the site at all times. f. Design and provide all temporary piping and support systems as required to protect and maintain existing piping in service. Coordinate temporary piping and support systems with the requirements of this Section. 2. The submitted Work Sequence Plan shall incorporate the follow Work Constraints regarding treatment process and operations: a. Shut downs of existing treatment trains including aeration basins and secondary clarifiers for tie-ins or modifications will be allowed only during the period from June 1 to September 30, unless pre-approved by the Owner(See Suggested Sequencing of 410 Major Activities). Only one train can be taken out service at a Clean Water Services 01140 Work Restrictions Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project time. All work must be complete and the train ready for service 1111 within 30 calendar days of shut down. b. The Owner conducts sludge hauling from the facility during the hours of 4:00 AM to 7:00 AM weekdays and weekends. The Contractor shall maintain clear access and passage for sludge hauling operations throughout the duration of the Work. If required, clear access is to be provided through the Contractor's work area if normal haul routes are blocked by the Contractor's work. c. Once the new tunnel is connected to the existing tunnel adjacent Aeration Basin 4 and Secondary Clarifier 4,no gas powered equipment can be operated within the new tunnel. 3. The Work will include connection to and working around facilities containing sewage, chemicals and chemical gas, and other sewage gasses. The Contractor shall establish and abide by its Safety Plan including observing confined space testing, entry and work procedures at all times. The Contractor shall also review and include pertinent provisions of the Owner's treatment plant safety plan in its own Safety Plan with regard to working around chemicals and other conditions present at wastewater treatment plants. 4. Water from dewatering operations shall be directed to the onsite sanitary sewer system. The water shall meet a 400 mg/L TSS limit or be treated by Contractor to meet the limit. Verification of discharge locations shall be coordinated with the Owner's Representative. • 5. The Contractor shall limit its work activities and traffic to the area of the Project Work and shall not enter any other plant areas without prior written permission from the Owner. The Contractor shall strictly obey all speed limits and other traffic laws at all times. 1.08 CONSTRUCTION SEQUENCING A. WORK SEQUENCE PLAN 1. Using Work Constraints identified herein,the Contractor shall develop an independent Work Sequence Plan and is not necessarily obligated to follow the work sequencing described herein. The Work Sequence Plan shall include: a. Description and sequence of major construction activities that affect plant operations. b. Explanation of how Work Constraints and Milestones will be met. c. Coordination with Facility Startup, Training and Testing and Construction Schedule. B. All construction activities shall be scheduled and sequenced to ensure continuous operation of the existing conveyance and treatment facilities. The Contractor's scheduling shall develop all construction sequencing so that the Work will not adversely impact conveyance or treatment. The Contractor shall Clean Water Services 01140 Work Restrictions • Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project be responsible for development of the construction sequencing. In implementing the construction sequencing, the Contractor shall maintain the existing facilities in service until new facilities are constructed and are operational to supplement the existing capacity. When new facilities are operational (as defined in Section 01756, Testing, Training, and Facility Startup, and Section 01770, Closeout Procedures) and accepted by the Owner, the existing facilities may be taken out of service upon approval by the Engineer and Owner's Representative. C. The following general guidelines shall be used by the Contractor in planning the sequence of construction. 1. During all modification and demolition work, safe working conditions for personnel shall be maintained at all times. The foregoing includes at least proper trench excavation, the provision of temporary equipment guards, supports, warning signs, walkways, covers over openings, handrailing, lighting, traffic control measures, and protection of electrical equipment and power supply. 2. All temporary facilities shall be constructed in accordance with applicable codes and regulations to operate safely and properly. 3. Valves to be temporarily shut off during the Work shall be coordinated with the Owner's Representative, tagged as such and shall be wired shut with a crimped lead seal and padlocked for safety in accordance with the Contractor's Safety Plan and in a manner acceptable to the Owner. • 4. Electrical and mechanical equipment to be temporarily shut off during the Work shall be locked out and tagged for safety in accordance with the Contractor's Safety Plan and in a manner acceptable to the Owner. 5. All in-road work shall be planned with a traffic control plan that will be reviewed and approved prior to start of work. D. Suggested Sequencing of Major Activities: This Section provides a suggested sequence for major construction activities that incorporates the Work Constraints and Milestones specified. Additional and parallel activities will be required. The Contractor may utilize all or part of this suggested sequence in the submitted Work Sequence Plan to meet the required Work Constraints and Milestones. The Work Sequence Plan must provide an equivalent level of reliability, flexibility, and operating characteristics with respect to plant operations and meeting plant discharge permit requirements. The Contract Times, Liquidated Damages, and Contract Milestones are based, in part, on the suggested sequencing described herein. The Owner reserves the right to modify the Contract Times, Liquidated Damages, and Contract Milestones based on Contractor-initiated changes to the suggested sequencing at no additional cost to the Owner. a. Establish vertical shoring at west edge of new aeration basin 5. Establish construction entry route. • Clean Water Services 01140 Work Restrictions Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project b. Excavation for new basin and clarifier, excavate to subgrade, excavate to basin outfall well subgrade, drainage pump station 1111 subgrade and clarifier influent subgrade. c. Install outfall well, drainage pump station, and clarifier inlet foundation and walls. Install piping between outfall well and clarifier. Backfill to subgrade. d. Install tunnel,basin and clarifier concrete. e. Construct electrical building. f. Install tunnel mechanical,piping, electrical components through tunnel top opening. Close opening in top of tunnel. Open connection between existing tunnel and new tunnel. g. Install basin and clarifier mechanical,piping and electrical components. h. Construct Secondary Effluent Channel and Secondary Effluent Collection Structure. i. Initiate secondary effluent pump around from Secondary Clarifier 3 including isolation of the Secondary Effluent Diversion Structure from Secondary Clarifiers 3. District will shutdown Aeration Train 4 for this operation. This operation shall be completed in April/May. j. Modify Secondary Effluent Diversion Structure. k. Install piping between Secondary Effluent Collection Structure to Secondary Effluent Diversion Structure. 1. Modify the outlets of Secondary Clarifiers 3 &4 and tie to the Secondary Effluent Collection Channel. Commission Secondary Effluent Collection Channel and Structure. m. Install piping between the Secondary Effluent Collection Structure and the Surge Basins. Existing excess Primary Effluent pipe to Surge Basin 1 shall remain in operation until June 30th n. Remove pump around and initiate flow from Secondary Clarifiers 3 &4 through the Secondary Effluent Collection Structure. o. Complete all piping connections, including new valve and flow meter at the existing Primary Effluent Pump Station, and piping modifications at the surge basins p. Commission and start-up new treatment train 5. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Clean Water Services 01140 Work Restrictions • Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project SECTION 01292 • SCHEDULE OF VALUES PART 1 GENERAL 1.01 SUMMARY A. This Section defines the process whereby the Schedule of Values (lump sum price breakdown) shall be developed. Monthly progress payment amounts shall be determined, in part, from the monthly progress updates of the CPM Schedule activities. 1.02 PRELIMINARY SCHEDULE OF VALUES A. The Contractor shall submit a preliminary Schedule of Values for the major components of the Work at the Preconstruction Conference. The listing shall include, at a minimum, the proposed value for the following major Work components: 1. Mobilization and Demobilization: Total price for mobilization shall not exceed 1.0 percent of the Contract Price. Total price for demobilization shall not be less than 2.0 percent of the Contract Price. 2. The total value of electrical Work. 3. The total value of instrumentation and control Work. • 4. The total value of yard mechanical and force main Work inclusive of excavation, yard pipe installation,testing and backfill of yard pipe, and all incidental Work associated with underground yard pipe installations. Do not include trenchless undercrossings. 5. The total value of each trenchless undercrossing, separately identified. 6. The total value of all mechanical Work, exclusive of yard mechanical Work included in Item 4 above. This includes all piping,valves, HVAC, equipment, tanks, and appurtenances at new and existing structures. 7. The total value of structural Work inclusive of all reinforced concrete, precast concrete, CMUs, dewatering, subgrade preparation, backfill and incidental Work for all new structures. Additionally, this total value shall be broken down into separate values for each new structure constructed as a part of the Work. Miscellaneous and minor concrete Work may be listed as one item in this breakdown. 8. The total value of all structure excavation and excavation support Work. 9. The total value of site civil Work inclusive of clearing and grubbing, paving, grading and drainage Work, but exclusive of excavation and excavation support. 10. The total value of architectural Work. 11. The total value for protective coatings Work. 12. The total value of testing and startup activities. 13. The total value of closeout Work. • Clean Water Services Se ices 01292 Schedule of Valves Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 14. The total value of all other Work not specifically included in the above items. • B. The Contractor and Engineer shall meet and jointly review the Preliminary Schedule of Values and make any adjustments in value allocations if, in the opinion of the Engineer, these are necessary to establish fair and reasonable allocation of values for the major Work components.Front-end loading will not be permitted. The Engineer may require reallocation of major Work components from items in the above listing if in the opinion of the Engineer such reallocation is necessary. This review and any necessary revisions shall be completed within 21 days from the date of Notice to Proceed. 1.03 DETAILED SCHEDULE OF VALUES A. The Contractor shall prepare and submit a detailed Schedule of Values to the Engineer within 30 days from the date of Notice to Proceed. The detailed Schedule of Values shall be based on the accepted preliminary Schedule of Values for major Work components and shall be broken down by major structure or facility. The Engineer shall be the sole judge of acceptable numbers, details and description of values established. If, in the opinion of the Engineer, a greater number of Schedule of Value items than proposed by the Contractor are necessary, the Contractor shall add the additional items so identified by the Engineer. The minimum detail of breakdown of the major Work components is indicated below. Greater detail shall be provided as directed by the Engineer, which may include a value for each CSI 4111 specification for each major project element. 1. Mobilization and Demobilization: Total price for mobilization shall not exceed 1.0 percent of the total Contract Price. Total price for demobilization shall not be less than 2.0 percent of the Contract Price. 2. The electrical Work shall be broken down by structure and yard facilities. Structures electrical Work shall be broken down into conduit and raceway installation, cable and wire installation, electrical equipment installation, terminations and lighting. Yard facilities shall be broken down by duct bank designation and transformers. 3. Instrumentation and control Work shall be broken down by structure. 4. Protective coating Work shall be broken down by structure and yard area. Where specific coating Work at structures or yard areas may be critical to performing the Work to meet milestone and Contract dates, such Work shall be included as individual pay and Schedule activity items. 5. Yard piping Work shall be broken down into individual pipelines running from and to Contract termination points. 6. The total value of each trenchless undercrossing, separately identified. 7. Mechanical Work shall be broken down within each structure to identify individual piping systems, equipment installation by equipment name and number, equipment testing, checkout, and O&M manuals. Clean Water Services 01292 Schedule of Valves • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • 8. Concrete structures shall be broken down into excavation, subgrade preparation, and appurtenant prefoundation Work, concrete foundation construction, slabs on grade, walls/columns, suspended slabs, stairs, etc.,hydrostatic structure testing where required and backfill. 9. Civil site Work shall be broken down into individual drainage piping, drainage structures, site concrete,paving, excavation cut and fill, removal of existing pipe, clearing and grubbing and any other items determined to be necessary for the establishment of pay and Schedule activity items. 10. Equipment testing and plant startup broken down by structure and by completion milestones for each. 11. All other Work not specifically included in the above items shall be broken down as necessary for establishment of pay items. 12. CPM schedule and monthly updates (1.0 percent of the Contract Price). B. The Contractor and Engineer shall meet and jointly review the detailed Schedule of Values within 35 days from the date of Notice to Proceed. The value allocations and extent of detail shall be reviewed to determine any necessary adjustments to the values. Any adjustments deemed necessary to the value allocation or level of detail shall be made by the Contractor and a revised detailed Schedule of Values shall be submitted within 40 days from the date of Notice to Proceed. • 1.04 ESTIMATED PROGRESS PAYMENTS A. Within 15 days after Engineer's acceptance of the Detailed Schedule of Values and the CPM Construction Schedule as per Section 01324, Construction Schedule,the Contractor shall provide the Engineer with an estimate of anticipated Progress Payments,by month,throughout the Project's construction duration. B. Monthly Progress Payment 1. Contractor to provide the following written narrative report with Progress Payment: a. The status of major Project components (percent complete, amount of time ahead or behind schedule) and an explanation of how the Project will be brought back on schedule if delays have occurred. b. The progress made on critical activities indicated on the CPM Schedule. c. Explanations for any lack of Work on critical path activities planned to be performed during the last month. d. Explanations for any schedule changes, including changes to the logic or to activity durations. e. A list of the critical activities scheduled to be performed in the next two-month period. • Clean Water Services 01292 Schedule of Valves Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project f. The status of major material and equipment procurement. 11111 g. The value of materials and equipment properly stored at the Site but not yet incorporated into the Work. h. Any delays encountered during the reporting period. i. An assessment of inclement weather delays and impacts to the progress of the Work. j. Contractor may include any other information pertinent to the status of the Project. 2. Contractor to provide updated CPM Schedule per 01324 Construction Schedule. 1.05 CHANGES TO SCHEDULE OF VALUES A. In the event that the Contractor and Engineer agree to make adjustments to the original Schedule of Values because of inequities discovered in the original accepted detailed Schedule of Values, increases and equal decreases to values for activities may be made. B. Approved change orders reflected in the CPM Schedule shall be incorporated into the Schedule of Values as a single unit identified by the change order number. 1.06 COMPLETE AND TIMELY SUBMISSIONS A. The Schedule of Values information is an integral part of the progress • payment information. As such, it is critical information for evaluating the Project's progress. Accordingly, if any submittal required by this Section is found to be incomplete or is submitted later than required, it may result in a deferral by Engineer to recommend all or any part of Contractor's Application for Payment, either partial or final. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION(NOT USED) END OF SECTION • Clean Water Services 01292 Schedule of Valves Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • Section 01320 WEB BASED CONSTRUCTION MANAGEMENT PART 1 GENERAL 1.01 DESCRIPTION A. The Owner and Contractor shall utilize PROCORE TECHNOLOGY, INC's Construction Operating System (CONSTRUCTION OS) web-based system for electronic submittal of all data and documents throughout the duration of the Contract. CONSTRUCTION OS is a web-based electronic media site that is hosted by PROCORE utilizing their CONSTRUCTION OS web solution. CONSTRUCTION OS will be made available to all contractors' project personnel, subcontractor personnel, suppliers, consultants and the Designer of Record. The joint use of this system is to facilitate; electronic exchange of information, automation of key processes, and overall management of the contract. CONSTRUCTION OS Project Management utility shall be the primary means of project information submission and management. When required by the Owners representative, paper documents will also be provided. In the event of discrepancy between the electronic version and paper documents, the paper documents will govern. CONSTRUCTION OS is a registered trademark of PROCORE TECHNOLOGY, INC. • 1.02 USER ACCESS LIMITATIONS A. The Owners representative will control the Contractor's access to CONSTRUCTION OS by allowing access and assigning user profiles to accepted Contractor personnel. User profiles will define levels of access into the system; determine assigned function-based authorizations (determines what can be seen) and user privileges (determines what they can do). Sub- contractors and suppliers will be given access to CONSTRUCTION OS through the Contractor. Entry of information exchanged and transferred between the Contractor and its sub-contractors and suppliers on CONSTRUCTION OS shall be the responsibility of the Contractor. B. Joint Ownership of Data - Data entered in a collaborative mode (entered with the intent to share as determined by permissions and workflows within the CONSTRUCTION OS system) by the Owners Representative and the Contractor will be jointly owned. C. Data access after project completion -All Project participants can request a copy of their project information from CONSTRUCTION OS upon completion of the project. Participants are responsible for fees related to CONSTRUCTION OS, preparing and shipping the data archive. To request an archive complete a support request in the CONSTRUCTION OS application. The support request should include the address for shipping the archive too. • Clean Water Services 01320 Web Based Construction Management Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 1.03 AUTOMATED SYSTEM NOTIFICATION AND AUDIT LOG TRACKING • A. Review comments made (or lack thereof) by the Owner on Contractor- submitted documentation shall not relieve the Contractor from compliance with requirements of the Contract Documents. The Contractor is responsible for managing, tracking, and documenting the Work to comply with the requirements of the Contract Documents. Owner's acceptance via automated system notifications or audit logs extends only to the face value of the submitted documentation and does not constitute validation of the Contractor's submitted information. 1.04 SUBMITTALS A. See Section 01330, Submittal Procedures. 1.05 COMPUTER REQUIREMENTS A. The Contractor shall use computer hardware and software that meets the requirements of the CONSTRUCTION OS system as recommended by PROCORE TECHNOLOGY, INC to access and utilize CONSTRUCTION OS. As recommendations are modified by CONSTRUCTION OS, the Contractor will upgrade their system(s)to meet the recommendations or better. Upgrading of the Contractor's computer systems will not be justification for a cost or time modification to the Contract. The contractor will ensure that connectivity to the CONSTRUCTION OS system (whether at the home office or job site) is accomplished through DSL, cable, T-1 or wireless • communications systems. It is recommended a faster connection be used when uploading pictures and files into the system. CONSTRUCTION OS supports the current and prior two major versions of Chrome, Firefox, Internet Explorer and Safari on a rolling basis. 1.06 CONTRACTOR RESPONSIBILITY A. The Contractor shall be responsible for the validity of their information placed in CONSTRUCTION OS and for the abilities of their personnel. Accepted users shall be knowledgeable in the use of computers, including Internet Browsers, email programs, cad drawing applications, and Adobe Portable Document Format (PDF) document distribution program. The Contractor shall utilize the existing forms in CONSTRUCTION OS to the maximum extent possible. If a form does not exist in CONSTRUCTION OS the Contractor must include a form of their own or provided by the Owner representative as an attachment to a submittal. Adobe PDF documents will be created through electronic conversion rather than optically scanned whenever possible. The Contractor is responsible for the training of their personnel in the use of CONSTRUCTION OS(outside what is provided by the owner) and the other programs indicated above as needed. 1. User Access Administration - Provide a list of Contractor's key CONSTRUCTION OS personnel for the Owner's Representative acceptance. Contractor is responsible for adding and removing users from the system. The Owners Representative reserves the right to perform a security check on all potential users. The Contractor will be • Clean Water Services 01320 Web Based Construction Management Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • allowed to add additional personnel and subcontractors to CONSTRUCTION OS. 1.07 CONNECTIVITY PROBLEMS A. CONSTRUCTION OS is a web-based environment and therefore subject to the inherent speed and connectivity problems of the Internet. The Contractor is responsible for its own connectivity to the Internet. CONSTRUCTION OS response time is dependent on the Contractor's equipment, including processor speed, Internet access speed, etc. and current traffic on the Internet. The Owner will not be liable for any delays associated from the usage of CONSTRUCTION OS including, but not limited to: slow response time, down time periods, connectivity problems, or loss of information. The contractor will ensure that connectivity to the CONSTRUCTION OS system (whether at the home office or job site) is accomplished through DSL, cable, T-1 or wireless communications systems. It is recommended a faster connection be used when uploading pictures and files into the system. Under no circumstances shall the usage of the CONSTRUCTION OS be grounds for a time extension or cost adjustment to the contract. 1.08 TRAINING A. The Owner has arranged for a 2 hour training session. The Owner and Contractor will coordinate a mutually agreeable training time. Training will be open to all appropriate Contractor, Owner, and Engineer personnel. • PART 2 PRODUCTS 2.01 DESCRIPTION A. CONSTRUCTION OS project management application (no equal). Provided by PROCORE TECHNOLOGY, INC, www.procore.com. PART 3 EXECUTION 3.01 CONSTRUCTION OS UTILIZATION A. CONSTRUCTION OS shall be utilized in connection with submittal preparation and information management required by Sections: Section 01110, Summary of Work Section 01140, Work Restrictions Section 01330, Submittal Procedures and other Division One sections. Requirements of this section are in addition to requirements of all other sections of the specifications. B. Design Document Submittals - All design drawings and specifications shall be submitted as CAD .dwg files or PDF attachments to the CONSTRUCTION OS submittal work flow process and form. • Clean Water Services 01320 Web Based Construction Management Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project C. Shop Drawings - Shop drawing and design data documents shall be 1111 submitted as cad.dwg files or PDF attachments to the CONSTRUCTION OS submittal work flow process and form. Examples of shop drawings include, but are not limited to: 1. Standard manufacturer installation drawings. 2. Drawings prepared to illustrate portions of the work designed or developed by the Contractor. D. Product Data - Product catalog data and manufacturers instructions shall be submitted as PDF attachments to the CONSTRUCTION OS submittal work flow process and form. Examples of product data include, but are not limited to: 1. Manufacturer's printed literature. 2. Preprinted product specification data and installation instructions. E. Samples - Sample submittals shall be physically submitted as specified in Section 01330, Submittal Procedures. Contractor shall enter submittal data information into CONSTRUCTION OS with a copy of the submittal form(s) attached to the sample. Examples of samples include, but are not limited to: 1. Product finishes and color selection samples. 2. Product finishes and color verification samples. 3. Finish/color boards. 4. Physical samples of materials. F. Administrative Submittals -All correspondence and pre-construction • submittals shall be submitted using CONSTRUCTION OS. Examples of administrative submittals include, but are not limited to: 1. Digging permits and notices for excavation. 2. List of product substitutions 3. List of contact personnel. 4. Notices for roadway interruption, work outside regular hours, and utility cut overs. 5. Requests for Information (RFI). 6. Plans for safety, demolition, environmental protection, and similar activities. 7. Quality Control Plan(s), Testing Plan and Log, Quality Control Reports, Production Reports, Quality Control Specialist Reports, Preparatory Phase Checklist, Initial Phase Checklist, Field Test reports, Summary reports, Rework Items List, etc. 8. Meeting minutes for quality control meetings, progress meetings, pre- installation meetings, etc. 9. Any general correspondence submitted. G. Compliance Submittals Test reports, certificates, and manufacture field report submittals shall be submitted on CONSTRUCTION OS as PDF attachments. Examples of compliance submittals include, but are not limited to: 1. Field test reports. 2. Quality Control certifications. Clean Water Services 01320 Web Based Construction Management • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project 3. Manufacturers documentation and certifications for quality of products • and materials provided. H. Record and Closeout Submittals - Operation and maintenance data and closeout submittals shall be submitted on CONSTRUCTION OS as PDF documents during the approval and review stage as specified, with actual set of documents submitted for final. Examples of record submittals include, but are not limited to: 1. Operation and Maintenance Manuals: Final documents shall be submitted as specified. 2. As-built Drawings: Final documents shall be submitted as specified. 3. Extra Materials, Spare Stock, etc.: Submittal forms shall indicate when actual materials are submitted. I. Financial Submittals Schedule of Value, Pay Estimates and Change Request Proposals shall be submitted on CONSTRUCTION OS. Supporting material for Pay Estimates and Change Requests shall be submitted on CONSTRUCTION OS as PDF attachments. Examples of compliance submittals include, but are not limited to: 1. Contractors Schedule of Values 2. Contractors Monthly Progress Payment Requests 3. Contract Change proposals requested by the project owner. End of Section • • Clean Water Services 01320 Web Based Construction Management Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project i This Page Intentionally Blank • SECTION 01324 • CONSTRUCTION SCHEDULE PART 1 GENERAL 1.01 SUMMARY A. Scheduling of the Work shall be performed by the Contractor in accordance with the requirements of this Section. B. Development of the schedule,the project status reporting requirements of the Contract shall employ computerized Critical Path Method(CPM) scheduling. Where submittals are required hereunder,the Contractor shall submit four copies of each submittal item. 1.02 INITIAL SCHEDULE SUBMITTALS A. The Contractor shall submit two short-term schedule documents at the Preconstruction Conference which shall serve as the Contractor's Plan of Operation for the initial 60-day period of the Contract Time and to identify the manner in which the Contractor intends to complete all Work within the Contract Time. 1. 60-Day Plan of Operation: During the initial 60 days of the Contract Time, the Contractor shall conduct operations in accordance with a 60 day bar chart type plan of operation. The bar chart so prepared shall show the accomplishment of the Contractor's early activities (mobilization, permits, submittals necessary for early material and equipment procurement, submittals necessary for long-lead equipment procurement, CPM submittals, initial Site work and other submittals and activities required in the first 60 days). Refer to Section 01140, Work Restrictions, for milestones and submittals required within the first 60 days. 2. Project Overview Bar Chart: The overview bar chart shall indicate the major components of the Work and the sequence relations between major components and subdivisions of major components. The overview bar chart shall indicate the relationships and time frames in which the various components of the Work will be made substantially complete and placed into service in order to meet the project milestones. Sufficient detail shall be included for the identification of subdivisions of major components into such activities as (1) site work, (2) completion of all structural concrete, (3) major mechanical work, (4) equipment procurement, (5) equipment installation, (6)major electrical work, (7) instrumentation and control work, (8)time requirements for start-up and testing from Section 13400, Instrumentation and Control for Process Systems, and (9) other important work within the overall project scope. Planned durations and start dates shall be indicated for each work item subdivision. Each major component and subdivision component shall be accurately plotted on time scale sheets Clean Water Services 01324 Construction Schedule Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project not to exceed 36 inches by 60 inches in size.Not more than four sheets shall be employed to represent this overview information. • B. The Engineer and the Contractor shall meet to review and discuss the 60-day plan of operation and project overview gantt chart within 5 days after submittal to the Engineer. The Engineer's review and comment on the schedules will be limited to conformance with the sequencing and milestone requirements in the Contract Documents. The Contractor shall make corrections to the schedules necessary to comply with the requirements and shall adjust the schedules to incorporate any missing information requested by the Engineer. 1.03 CPM SCHEDULE SUBMITTALS A. Original CPM Schedule Submittal: Within 30 days after the commencement date stated in the Notice to Proceed,the Contractor shall submit for review by the Engineer a hard copy of the CPM Schedule and appropriate schedule logic information. The Contractor shall also submit an electronic copy of all the schedule submittal information. The electronic version shall be compatible with Microsoft Project 2013 to generate network diagrams and schedule reports identical to the hard copies submitted. This submittal shall have already been reviewed and approved by the Contractor's Project Manager, Project Superintendent, and the Project Estimator prior to submission. The CPM Schedule shall be a time-scaled network diagram of the"i j" activity-on- arrow or precedence type. The Network Diagram shall describe the activities to be accomplished and their logical relationships and show the critical path. • B. The Computerized Schedule Report tabulations shall include the following: 1. Report of activities sorted by activity number. Activity numbers,where practical, shall correlate to the area numbers, if so designated in the Contract Drawings. 2. Report of activities sorted by early start date. 3. Report of activities sorted by total float. 4. A successor-predecessor report which shall identify the successor and predecessor activities for each activity and ties between schedule activities. C. Original CPM Schedule Review Meeting: The Contractor shall, within 40 days from the commencement date stated in the Notice to Proceed,meet with the Engineer to review the original CPM schedule submittal. The Contractor shall have the Project Manager, Project Superintendent, and the Project Scheduler in attendance. The Engineer's review will be limited to the conformance to the Contract Documents. However,the review may also include: 1. Clarifications of the design intent, process, and startup requirements. 2. Directions to include activities and information missing from the submittal. 3. Requests to the Contractor to clarify the schedule. Clean Water Services 01324 Construction Schedule • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project D. Revisions to the Original CPM Schedule: Within 50 days after the commencement date stated in the Notice to Proceed,the Contractor shall have revised the original CPM schedule submittal to address all review comments from the original CPM schedule review meeting and resubmit the network diagrams and reports for the Engineer's review. The Engineer, within 10 days from the date that the Contractor submitted the revised schedule will either (1) accept the schedule as submitted, or(2) advise the Contractor in writing to review any part or parts of the schedule which either do not meet the Contract requirements or are unsatisfactory for the Engineer to monitor the project's progress and status. The Engineer may accept the schedule with conditions that the first monthly CPM schedule update be revised to correct deficiencies identified. When the schedule is accepted, it shall be considered as the "Original CPM Construction Schedule"until an updated schedule has been submitted. The Owner reserves the right to require that the Contractor adjust, add to, or clarify any portion of the schedule which may later be discovered to be insufficient for the monitoring of the Work.No additional compensation will be provided for such adjustments, additions, or clarifications. E. Acceptance: 1. Acceptance of the Contractor's schedule by the Engineer and Owner will be based solely upon compliance with the requirements. By way of the Contractor assigning activity durations and proposing the sequence • of the Work, the Contractor agrees to utilize sufficient and necessary management and other resources to perform the work in accordance with the schedule. Upon submittal of a schedule update,the updated schedule shall be considered the "current"project schedule. 2. Submission of the Contractor's progress schedule to the Owner or Engineer shall not relieve the Contractor of total responsibility for scheduling, sequencing, and pursuing the Work to comply with the requirements of the Contract Documents, including adverse effects such as delays resulting from ill-timed Work. F. Monthly Updates and Periodic CPM Schedule Submittals: 1. Following the acceptance of the Contractor's original CPM Schedule, the Contractor shall monitor the progress of the Work and adjust the schedule each month to reflect actual progress and any changes in planned future activities. Each schedule update submitted shall be complete including all information requested in the original schedule submittal and be in the schedule report format indicated below. Each update shall continue to show all work activities including those already completed. Completed activities shall accurately reflect"as built" information by indicating when the work was actually started and completed. 2. Neither the submission nor the updating of the Contractor's original schedule submittal nor the submission, updating, change, or revision of Clean Water Services 01324 Construction Schedule Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project any other report, curve, schedule, or narrative submitted to the Engineer by the Contractor under this Contract, nor the Engineer's review or • acceptance of any such report, curve, schedule, or narrative shall have the effect of amending or modifying, in any way,the Contract Times or milestone dates or of modifying or limiting, in any way,the Contractor's obligations under this Contract. Only a signed, fully executed Change Order can modify contractual obligations. 3. The monthly schedule update submittal will be reviewed monthly with the Contractor during a weekly construction progress meeting. The goal of these schedule review meetings is to enable the Contractor and the Engineer to initiate appropriate remedial action to minimize any known or foreseen delay in completion of the Work and to determine the amount of Work completed since the last month's schedule update. The status of the Work will be determined by the percent complete of each activity in the updated CPM Schedule. These meetings are considered a critical component of the overall monthly schedule update submittal, and the Contractor shall have appropriate personnel attend. As a minimum, these meetings shall be attended by the Contractor's Project Manager and Project Superintendent. Within 7 working days after the monthly schedule review meeting, the Contractor shall submit the revised CPM Schedule,the revised CPM computerized tabulations as noted in this Section,the revised successor/predecessor report,the Project Status Reports as defined below and the Contractor's Application for Payment. Within 5 working days of receipt of the • revised submittals,the Engineer will either accept or reject the monthly schedule update submittal. If rejected, the update shall be corrected and resubmitted by the Contractor before the Application for Payment for the update period will be processed. G. Schedule Revisions: The Contractor shall highlight or otherwise identify all changes to the schedule logic or activity durations made from the previous schedule. The Contractor shall modify any portions of the CPM schedule which become infeasible because of activities behind schedule or for any other valid reason. H. The Contractor shall include plan and actual progress for each task. Three-Week Look-Ahead Schedule Submittals: Each week, the Contractor shall submit a schedule of planned activities and progress detailing activities for the 3-week period following the date of the weekly submission to the Engineer. 1.04 CHANGE ORDERS AND WORK CHANGE DIRECTIVES A. Upon approval of a Change Order, or upon receipt by the Contractor of a signed Work Change Directive or other authorization to proceed with additional work, the change shall be reflected in the next submittal of the Clean Water Services 01324 Construction Schedule • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project CPM Schedule. The Contractor shall utilize a sub-network in the schedule depicting the changed work and its effect on other activities. This sub-network shall be tied to the main network with appropriate logic so that a true analysis of the critical path can be made. 1.05 CPM STANDARDS A. Definitions: CPM, as required by this Section, shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction." except that either"i j" arrow diagrams or precedence diagramming format may be utilized. In the case of conflicts between this specification and the AGC document,this specification shall govern. B. Construction Schedules: Construction schedules shall include a graphic network diagram and computerized construction schedule reports as required below for status reporting. C. Networks: The CPM network shall be in a form of a time scaled"i j" activity- on-arrow or precedence type diagram and may be divided into a number of separate sheets with suitable match lines relating the interface points among the sheets. Individual sheets shall not exceed 24 inches by 36 inches. D. Construction and procurement activities shall be presented in a time-scaled format with a calendar time line along the entire sheet length. Each activity • arrow or node shall be plotted so that the beginning and completion dates of each activity are accurately represented along the calendar time line. All activities shall use symbols that clearly distinguish between critical path activities, noncritical activities, and free float for each noncritical activity. All activity items shall be identified by their respective activity number, responsibility code, and work duration. All noncritical path activities shall show total float time in scale form by utilizing a dotted line or other graphical representation. E. Duration Estimates: The duration estimate for each activity shall be computed in working days and shall represent the single best estimate considering the scope of the work and resources planned for the activity. Except for certain nonlabor activities, such as curing of concrete or delivery of materials, activity duration shall not exceed 10 working days nor be less than 1 working day unless otherwise accepted by the Engineer. F. Float Time: 1. Definition: Unless otherwise provided herein, float is synonymous with total float. Total float is the period of time measured by the number of working days each noncritical path activity may be delayed before it and its succeeding activities become part of the critical path. If a noncritical path activity is delayed beyond its float period,then that activity Clean Water Services 01324 Construction Schedule Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project becomes part of the critical path and controls the end date of the work. Thus, delay of a noncritical path activity beyond its float period will cause delay to the project itself. 2. Float Ownership: Neither the Owner nor the Contractor owns the float time. The project owns the float time. As such, liability for delay of the project completion date rests with the party actually causing delay to the project completion date. For example, if Party A uses some, but not all of the float time and Party B later uses the remainder of the float time as well as additional time beyond the float time, Party B shall be liable for the costs associated with the time that represents a delay to the project's completion date. Party A would not be responsible for any costs since it did not consume all of the float time and additional float time remained, therefore, the project's completion date was unaffected. 1.06 SCHEDULE REPORT FORMAT A. Schedule Reports: Schedule Reports shall be prepared based on the CPM Schedule, and shall include the following minimum data for each activity: 1. Activity numbers. 2. Work Order Number 3. Estimated activity duration. 4. Activity description. 5. Activity's percent completion. 6. Early start date (calendar dated). 1111 7. Early finish date(calendar dated). 8. Late start date (calendar dated). 9. Late finish date(calendar dated). 10. Status (indicate if critical or other status). 11. Total float for each activity. 12. Free float for each activity. B. Project Information: Each Schedule Report shall be prefaced with the following summary data: 1. Project name. 2. Contractor. 3. Type of tabulation. 4. Project duration. 5. Contract Times (revised to reflect time extensions by Change Order). 6. The commencement date stated in the Notice to Proceed. 7. The data date and plot date of the CPM Schedule. 8. If an update, cite the new schedule completion date. Clean Water Services 01324 Construction Schedule Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project 1.07 COMPLETE AND TIMELY SUBMISSIONS A. The CPM Construction Schedule information is an integral part of the Project scheduling and reporting. As such, it is critical information to evaluating the project's progress and the proper planning of the Owner's and Engineer's work effort associated with this Project. Accordingly, if any submittal required by this Section is found to be incomplete or is submitted later than required, it may result in a deferral by Engineer to recommend whole or any part of Contractor's Application for Payment, either partial or final. 1.08 NETWORK DETAILS AND GRAPHICAL OUTPUT A. Produce a clear, legible, and accurate calendar based, time scaled, graphical network diagram. Group activities related to the same physical areas of the Work. Produce the network diagram based upon the early start of all activities. B. Include for each activity, the description, activity number, estimated duration in working days, total float and all activity relationship lines. C. Illustrate order and interdependence of activities and sequence in which Work is planned to be accomplished. Incorporate the basic concept of the precedence diagram network method to show how the start of one activity is dependent upon the start or completion of preceding activities and its completion restricts the start of following activities. D. Indicate the critical path for the project. E. Delineate the specified contract duration and identify the planned completion of the Work as a milestone. The time period between the planned and Contract completion dates, if any, shall be shown on the schedule as an activity identified as project float unless a Change Order is issued pursuant to CPM Standards. F. Identify system shutdown dates, system tie-in dates, specified interim completion or milestone dates and contract completion date as milestones. G. Include, in Addition to Construction Activities: 1. Submission dates and review periods for major equipment submittals, shoring submittals, and indicator pile program: a. Shoring Reviews: Allow 4-week review period for each shoring submittal. b. Pile Indicator Program (If Applicable): Allow 3-week review period for analysis of program. 2. Any activity by the Owner or the Engineer that may affect progress or required completion dates. 3. Equipment and long-lead material deliveries over 8 weeks. 4. Approvals required by regulatory agencies or other third parties. • Clean Water Services 01324 Construction Schedule Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project H. Produce network diagram on 22-inch by 34-inch sheets with grid coordinate system on the border of all sheets utilizing alpha and numeric designations. Identify the execution of the following, but no limited, and omitting items not applicable to the Work: 1. Mobilization. 2. All required submittals and submittal review times showing 30-calendar day duration for such activities and equal amount of time for resubmittal reviews. 3. Equipment and materials procurement/fabrication/delivery. 4. Excavation. 5. Shoring design and submission of detailed shoring submittals. Identify submission as a milestone. 6. Shoring review, shoring materials procurement, shoring installation and shoring removal. 7. Piles. 8. Backfill and compaction. 9. Dewatering. 10. Grading, subbase,base,paving, and curb and gutters. 11. Fencing and landscaping. 12. Concrete, including installation of forms and reinforcement, placement of concrete, curing, stripping, finishing and patching. 13. Tests for leakage of concrete structures intended to hold water. 14. Masonry. 410 15. Precast panels. 16. Metal fastenings, framing, structures, and fabrications. 17. Wood structures, finish carpentry, architectural woodwork, and plastic fabrications. 18. Waterproofing and dampproofing, insulation, roofing and flashing, and sealants. 19. Doors and windows, including hardware and glazing. 20. Finishes including coating and painting, flooring, ceiling, and wall covering. 21. Building specialties including furnishings, laboratory equipment, and toilet and bath accessories. 22. Process equipment, including identification of ordering lead time, factory testing and installation. 23. Pumps and drives, including identification of ordering lead time, factory testing and installation. 24. Conveying equipment including hoists and cranes, conveyor systems, and materials handling equipment, including identification of ordering lead time and installation. 25. Other mechanical equipment including fans and heating, ventilating, and air conditioning equipment. 26. Trenching,pipe laying, and trench backfill and compaction. Clean Water Services 01324 Construction Schedule • Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project • 27. Piping, fittings and appurtenances, including identification of ordering and fabrication lead time, layout, installation and testing. 28. Valves, gates and operators, including identification of order lead time, installation and testing. 29. Plumbing specialties. 30. Electric transmission, service, and distribution equipment, including identification of ordering lead time, and factory testing. 31. Other electrical work including lighting,heating and cooling, and special systems, including identification of ordering lead time. 32. Instrumentation and controls, including identification of ordering lead time. 33. Preliminary testing of equipment, instrumentation and controls. 34. Final testing, including preparation time. 35. All operational testing. 36. Substantial completion. Substantial completion activity shall meet all requirements set forth in Section 00800, Supplementary Conditions. 37. Punch list work. 38. Operation and maintenance training. 39. Demobilization. 1.09 SCHEDULE OF SHOP DRAWING AND SAMPLE SUBMITTALS A. After Preliminary Schedule has been submitted and accepted by Owner, • Contractor shall submit a list of all Shop Drawings and sample submittals anticipated in first 90 calendar days after Notice to Proceed using early start dates. B. Submittal of this preliminary list shall be a condition precedent to making of progress payments during the first 90 calendar days after Notice to Proceed. C. After Baseline Schedule has been submitted and accepted by Owner, Contractor shall print out and submit list of all Shop Drawings and sample submittals for all Work using early start dates. This listing will contain all submittals required for the entire Work including those listed above. D. Submittal of final list shall be a condition precedent to making of progress payments after the first 90 calendar days after Notice to Proceed. E. These schedules shall conform to the requirements of the General Conditions. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION • Clean Water Services 01324 Construction Schedule Durham AWWTF Secondary -9- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01329 SAFETY PLAN PART 1 GENERAL 1.01 SUMMARY A. Requirements for Contractor's development and maintenance of a Project construction Safety Plan. B. Before starting any Work at the Site, Contractor shall prepare and submit to Owner and Engineer Contractor's written Safety Plan for the Project specific safety precautions and programs, complete per General Condition sections 7.12 Safety and Protection, 7.13 Safety Representative, 7.14 Hazard Communication Programs and 7.15 Emergencies. 1.02 SAFETY AND HEALTH REGULATIONS A. Comply with all federal, state, and local safety and health regulations and laws including,but not limited to, the following: 1. Oregon Revised Statutes, ORS 654. 2. Oregon Safe Employment Act(OSEA). • 3. Oregon Occupational Safety and Health Code of the Oregon Occupational Safety and Health Division(OR-OSHA), Oregon Administrative Rules (OAR), Chapter 437. a. Division 01, General Administrative Rules. b. Division 02, General Occupational Safety and Health Rules. c. Division 03, Construction. 1.03 CONSTRUCTION SAFETY PLAN—OWNERS SAFETY PROGRAMS A. Permit-Required Confined Space Entry(PRCSE) http:/,!'osha.oregon.uovlOS1-IAPt bs12864.pdf 1. Project specific PRCSE spaces include, but not limited to,the following: a. Manholes b. Open tanks c. Structures above and below grade with the potential to contain wastewater d. Enclosed tanks e. Wet wells and dry wells of pump stations f. Electrical vaults 1111 Clean Water Services 01329 Safety Plan Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project B. Factory Mutual (FM) Global -Hot Work Yellow Tag Permit Program • 1. Project specific hot work yellow tag permit activities include, but not limited to,the following: a. Grinding b. Torch cutting c. Welding d. Pipe cutting e. Gas piping C. Transmit to Owner and Engineer copies of reports and other documents related to accidents or injuries encountered during construction. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 SUPPLEMENTS A. The supplements listed below, following"End of Section," are a part of this Specification: 1. Oregon OSHA—Confined Spaces and Permit Spaces 2. Facilities Management—Hot Work Yellow Permit • END OF SECTION Clean Water Services 01329 Safety Plan • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project 01329 Safety Pian-Supplement.1 Oregon OSHA Confined Spaces and Permit Spaces ' „'''''' ''''''''''''''''''''''„-'4':2' 49:1111f:1 iri 1 \\ \ \ ��\ Fol :.N --,-75, • • ,4,4:„,,,i-.,,,,,,,,,,,,,n8.4--., ',"::::::::,,:k.i;E$•••,t',,,,E):. •,QA-5-/!.:,F,•-•:.,F•. ;,:•.! :?•:E Qz,,,,., ,,q3:1 •.„.•.1 N- -.4.(;,,io ,,,..„. N \ t ; ,`4,';',,.t.1;i1A;Wg0.1,',.M.- •••:, ,:.:,... , ,,.:.,-' v,o,•• :,,ik.\t•••••:••••:-,:':\M,),,:•••••,%•,•i::, : :°,,n'„vi..,:g.F,•.::', 4.fl, i m ow to comply with Oregon ',, .A's �� �,`'`°�''`Wff,:�`�;,N "`\gym I. g'ee`e`+'a, ': \'PP4'` m°eV.etMW' Ta a`Q: T V*•\l Ma.:Wit, `WiV About this guide Confined spaces are harmless as long as they are not occupied.But when workers enter a confined space to inspect equipment,fix leaks,or do construction work,they can encounter toxic gasses,corrosive chemicals, flammable solvents,or machines that start unexpectedly.If something goes wrong,a confined space can be difficult or impossible to exit.And would-be rescuers can share the fate of those they are trying to rescue. This guide explains how to identify confined spaces and how to protect general-industry and construction workers who may need to enter them. • Layout and design:Patricia Young,Oregon OSHA • Editor:Mark Peterson,DCBS Communications • Technical contributors:Dave McLaughlin and Peggy Munsell,Oregon OSHA • Writer:Ellis Brasch,Oregon OSHA Questions about confined spaces:Contact Dave McLaughlin,dave.j.mclaughlin@oregon.gov Comments about this guide:Contact Ellis Brasch,ellis.k.brasch@oregon.gov P°;':...,CoA <..°""` Printing,excerpting,or plagiarizing this publication is fine with us as long as it's not for profit!Please inform Oregon OSI-IA of your intention as a courtesy. Oregon OSHA IIIA Division of the Department of Consumer and Business Services 440-2864(11/14)OR-OSHA I geNgSigat;\SO`\\ WIES'S..O aANne4° .\ate•\ �0 ``'ti`\ \.:atets.: g . 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces R Contents About this guide 2 1111 About Oregon OSHA's confined space rule:437-002-0146 4 What is a confined space? 7 What is a permit space? 9 Evaluating confined spaces and permit spaces:437-002-0146(4) 12 The permit space program and the entry permit:437-002-0146(5) 13 Permit entry:437-002-0146(6) 17 Equipment necessary for entering a permit space:437-002-0146(7) 19 Employees'duties and responsibilities:437-002-0146(8) 20 Performing rescues:437-002-0146(0) 22 Alternate entry:437-002-0146(10) 25 Training employees:437-002-0146(11) 28 Entry operations at multi-employer worksites:437-002-0146(12) 30 Recordkeeping:437-002-0146(13) 31 Additional content available online: • Confined space evaluation survey:Use this survey to evaluate confined spaces at your workplace. http://www.o cosh a.o rg/pdf/pubs/forms/confined_s pace_permit_space_su rvey.doc • Sample confined space entry permits:Examples of entry permits. http://www.orosha.org/pdftpubs/forms/entry-permit.doc • Sample permit-space program:A written confined space program for your workplace. http://www.orosha.org/pdftpubs/forms/permit-space-booklet.doc • Permit space evaluation form:Use this form to identify hazards in permit spaces at your workplace. http://www.orosha.org/pdf/pubs/forms/permit-space-eyal-form.doc Oregon OSHA Services 34 „ „ „ -\‘‘NI‘wl\-\‘‘‘N, About Oregon OSHA's confined space rule: 437-002-0146 Oregon OSHA's confined space rule—437-002-0146—protects general industry and construction industry employees who enter confined spaces that have serious or life-threatening hazards. What 437-002-0146 requires u to do Exceptionsto 437-002-0146 The rule requires you to: The rule does not apply to: • Survey your workplace to identify permit spaces • Construction work regulated by Division 3/P Excavations, • Inform employees about the location of the permit except for entry into sanitary sewer spaces that are large spaces and the hazards associated with those spaces enough to bodily enter. • Keep unauthorized employees out of the spaces • Construction work regulated by Division 3/S • Prepare a written permit-space program to protect Underground Construction,Caissons,Cofferdams and employees who must enter a permit space Compressed Air,except for sewers. • Include a catalog of your permit spaces in your ° Enclosed spaces regulated by 1910.269 in Division 2/R Electric written program that describes why they are Power Generation,Transmission and Distribution,except permit spaces when that standard requires compliance with this standard. Ensure that any equipment is used in accordance Enclosed spaces regulated by 1926.953 in Division 3/V Electric Power Generation,Transmission and Distribution,except with the manufacturer's instructions and that when that standard requires compliance with this standard. your employees who use the equipment have been trained • Manholes and vaults regulated by 1910.268(o)in Ensure that employees who work around permit Division 2/R Telecommunications,unless the space • cannot be made safe to enter even after following the spaces are trained so that they understand the requirements of 1910.268(o). presence,location,and hazards associated with the spaces,and they are aware of your permit- Welding in confined spaces regulated by Division 2/Q space program Welding,Cutting&Brazing,when the only hazards are Have an agreement with another rescue service related to the welding process. 111 • provider if your employees will not provide • Grain bins,silos,tanks,and other grain storage structures rescue services regulated by 1910.272,Grain Handling Facilities. • Diving operations regulated by Division 2/T,Commercial Diving Operations. 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces giaa Key sectiony tisa'437-002-0146 • Oregon OSHAs confined space rule has 13 sections: 1. Purpose and application 5. Permit-required confined space 9. Rescue 2. Exceptions entry programs and permits 10.Alternate entry 3. Definitions 6. Permit entry 11.Training 4. Evaluation 7. Equipment 12.Multi-employer worksites 8. Personnel 13•Records The table below shows which of the rule's key sections apply to confined spaces,permit spaces,and confined spaces that are never entered.The table also shows which sections apply if you use alternate entry procedures,have other employers enter your confined space,or if you provide rescue services. Key sections of Oregon OSHA's confined space rule:437-002-0146 4 5 6 7 8 9 10 11 12 13 Permit space permit Alternate Mulh- For spaces Evaluation entry programsEquipment Personnel Rescue Training employer Records that are: and permits Entry entry worksites Confined spaces ✓ a Permit spaces V V V V V V V V V a Never entered V If you only: m Use alternate v entry procedures s'Have other employers enter V V V your space Are a rescue e j r•i V V V V V service provider Coniston q0 m tai about 437-002-0146 Q: I have a permit-space program for my facility that meets the requirements for federal OSHAs confined space rule, 1910.146,and my employees follow those requirements when they enter permit spaces. Are the requirements for 1910.146 and 437-002-0146 the same? A: Many of the requirements are the same;however,there are also new requirements under 437-002-0146 as shown in the table below. 'a�ovAnA-Ei `�a\s\�a'a `\\u pwl'a\w\ `\ \\\\\\\`\.aa.N °a�AR:m�?\,\\Z a,\\� `�a�`�'W�+��°e ���^� t.I�,y�, I �.aR \\\�������eeee�;�;� �.�.^'a�ntia���'�_��,��.� • Definition of a confined space • Include a catalog of your permit spaces in your written • Definition of a permit space program that describes why they are permit spaces. • Requirement fora written program when employees • Ensure that any equipment is used in accordance with the enter a permit space manufacturer's instructions and that employees who use • Roles,responsibilities,and training of entrants, the equipment have been trained. attendant,and entry supervisors • Ensure that employees who work around permit spaces • Requirement that unauthorized persons do not enter are trained so that they understand the presence,location, a permit space and hazards associated with the spaces,and they are aware of your permit-space program. • Process for entering,performing work,and exiting • Have an agreement with another rescue service provider a permit space if your employees will not provide rescue services. • Information required on the entry permit(1910.146 requires the duration of the entry;437-002-0146 requires starting and stopping times). • Requirement for pre-planning non-entry and entry rescues • Training requirements,practice,and qualifications of rescue personnel t, : We enter a confined space under the alternate entry procedures in 1910.146(c)(5)or reclassify the space according to 1910.146(c)(7).Are these requirements included in Oregon OSHAs confined space rule? : No.Oregon OSHAs confined space rule does not include these requirements.Under Oregon OSHAs rule, • workers can use alternate entry procedures to enter a permit space without a permit(documentation is required to verify safe entry)and attendants,an entry supervisor,and rescue services are not required. See Page 25 in this guide for more information on alternate entry procedures. 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces What is a confined space? A confined space is a space that meets all of the following conditions: • • It is large enough and so configured that an employee can fully enter the space and perform work. • It has limited or restricted means for entry,exit,or both. • It is not designed for continuous human occupancy. It is large enough and so configured that an employee can fully enter the space and perform work.A space that is just large enough fora person to squeeze into,but not perform any work,is nota confined space.Similarly,a space that is too small fora person to enter completely is nota confined space. It has limited or restricted means for entry,exit,or both.If a person must contort his or her body to enter or move around inside a space,it probably has a limited means of entry and exit.Climbing through a porthole to enter a space or crawling through a tunnel toward an exit are examples of spaces that have limited means of entry and exit. Another way of measuring limited means of entry and exit is to determine how difficult it would be to remove an injured person from the space;if there is a need for a technical rescue to remove an injured person,you probably have a limited means entry and exit.Evaluate each space on a case-by-case basis. It is not designed for continuous human occupancy.What is the primary function and purpose of the space?A space that is designed for periodic occupancy is not the same as a space that is designed for continuous occupancy. The presence of a fixed ladder,lighting,or ventilation does not always mean that the space was designed for continuous occupancy Is the space designed fora person to work there oris it designed to house and protect equipment that needs to be monitored or occasionally maintained?For example,a space may have lighting for periodic occupancy that may be necessary to safely enter and exit,read gauges,or perform maintenance or repairs. Similarly,ventilation may be necessary to keep equipment from overheating or to provide fresh air for temporary job assignments or tasks.In both cases,the work performed is intermittent or temporary. �� ���`� \ -44 44,A, �mei NNS��`, ` c AkN," \a� izi iN ��$, ���\"c��k-os assimEmmataimmassamiscsammism Examples of confined spaces EiiiMiil'EFr°a,,�o-i+�e c `.`mxff°v s;;�,:a r a°�fasf�:�`c`.el msMi s`�,sn�aa0.a a i.a°ae..e:.si as 4a^e,'a�ecss'ea_Yx`.eta �, a��ay°. r3 a�..MTEr;m�'ca..`a f Spaces with depth and open tops Spaces with narrow openings Pits Ship compartments Wells Silos Vats Pipes Bins Tunnels pp Ho ers Tanks Degreasers Casings Kettles Sewers Evaluate the Space 1) Is the space large enough to fully enter and perform work? 2) Is there limited means of entry and exit that hinders the ability to escape? rwil,,,**ma‘t6****,*tie4 CIfyou answered"no"to any you answered"yes" of the three criteria to all three criteria � • The space is not a confined space and Oregon OSHA's You have a confined spate confined space rules do not apply.You can enter the space after addressing any safety and health hazards. r 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces tgttaFfFgpeggggkgxppwcmqmpgggpqgwnpqqmmiwqpwpmrrrzmmmwpgnggmmg What i rmit space? A permit space is a confined space that has one or more of the following characteristics: • It has—or could have—a hazardous atmosphere. It contains material that could trap or bury a person. • It is shaped so that a person could become trapped or asphyxiated. • It has other safety or health hazards that could harm a person. Hazards in permit spaces Most accidents in permit spaces happen when workers and untrained rescuers do not recognize hazards in the spaces or they do not control the hazards before they enter.Never assume a permit space is safe to enter. Permit spaces can have two types of hazards:hazardous atmospheres and physical hazards. Hazardous atmospheres A hazardous atmosphere affects the air in the space and can cause death or acute illness,or impair the ability of workers to escape.Hazardous atmospheres include: • Corrosive atmospheres.Corrosive atmospheres accumulate from some manufacturing processes and biological or chemical reactions.Some cause immediate damage to the skin and eyes;some have no immediate effect,but cause cancer with prolonged exposure. • Flammable or explosive gasses,liquids,vapors,mists,fibers,or dusts.Flammable gasses such as acetylene, butane,propane,hydrogen,and methane are common in permit spaces.Grain,nitrated fertilizers,and ground chemicals can produce combustible dusts. • Air or oxygen displacement. Some substances(such as inerting gasses)can displace air or oxygen in a confined space;examples include nitrogen,helium,steam,Freon,argon,and carbon dioxide. • Oxygen deficiency.Oxygen-deficient atmospheres(oxygen concentration below 19.5 percent)affect heart rate, muscle coordination,and breathing.Unprotected workers cannot survive in an oxygen-deficient atmosphere. • Oxygen enrichment.Oxygen-enriched atmospheres(oxygen concentration above 23.5 percent),which can be caused by welding and from the improper use of oxygen for breathing air,increase the risk of fire or explosions. • Toxic dusts,mists,fumes,smoke,vapors,fibers,or gasses.These can be released by manufacturing processes, stored materials,and work tasks.A hazardous atmosphere that poses a threat to life,would cause irreversible adverse health effects,or that would interfere with an individual's ability to escape from a confined space is called immediately dangerous to life or health(IDLH). Some hazardous atmospheres(hydrogen fluoride gas and cadmium vapor,for example)may cause serious health effects MiniNagannaggreganningSASSOMMARKEMUMENVOMBERMORNIS • that result 12 to 72 hours after exposure. t ,Wit\\\ ezz �� �\\�\,\ \ \�°��a��\ azmzzmzmtzmzait % zmz\\ Air-monitoring equipment:Trained employees can use an air-monitoring meter to test for hazardous atmospheres. However,they must first calibrate the meter and use it according to the manufacturer's instructions.Inaccurate instruments can expose workers to excessive levels of toxic gas or an oxygen-deficient atmosphere.The only way to guarantee that an instrument will detect gas accurately is to test it. "Bump test"your air-monitoring meter every day–before you use it.A bump test verifies that an air-monitoring meter is properly calibrated.You perform a bump test by exposing the meter to a known concentration of test gas. Compare the instrument reading to the actual quantity of gas present.If the instrument's response is within an acceptable tolerance range of the actual concentration,then the meter is calibrated properly. Physical hazards Physical hazards come in many different forms and can cause death or serious physical harm.Examples include: • Access problems.In an emergency,entrants may not be able to exit quickly. • Absorbed chemicals.Chemicals can be absorbed through the skin or other tissues or membranes such as the eyes. • Corrosive chemicals.Corrosive chemicals can cause severe eye or skin damage if exposed workers are not wearing protective clothing or eyewear. • Falling objects.Objects can fall into the space because topside openings are unguarded or improperly guarded. • Illumination problems.Poor lighting makes it difficult for workers to enter,work in,and exit a permit space. • Inwardly converging surfaces.Inwardly converging walls and downward sloping floors that taper to a smaller cross section can trap a worker. • Material that could trap or bury a person.Loose materials drawn from the bottom of storage bins can suffocate or bury a worker.Liquids or materials that are suddenly released into the space can have the same effect. • Mechanical,electrical,hydraulic,and pneumatic energy.Mechanical and hydraulic equipment can move • unexpectedly.Workers servicing mechanical and hydraulic equipment can be seriously injured or killed if the energy is not properly controlled. 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces i` a xiMa \Wya \Rk as 4\\ kl Aail ` R as f : m m.o Rns ti. • • Noise.Noise interferes with essential communication between workers in a confined space and those who are monitoring their work on the outside.High noise levels can impair hearing and cause hearing loss.Permit spaces can amplify sounds produced by tools and equipment. • Radiation.Sources of radiation include x-rays,isotopes,lasers,and welders. • Slippery surfaces.Wet,slippery surfaces increase the risk of falls.Leaks,spills,and condensation are common in permit spaces. • Extreme temperatures.Hot environments put workers at risk for heat stress,especially when they do strenuous work or are wearing protective clothing.Cold environments make their tasks more difficult m accomplish. Eliminating physical hazards.Ways to eliminate physical hazards in a confined space include: • Locking out equipment(following the requirements in 1910.147,Lockout/Tagout) • Blanking and blinding piping systems • Physically separating piping systems from the space Always evaluate the space in its normal state before eliminating hazards. Evaluating confined spaces and permit spaces: 437-002-0146(4) Determine if any of your confined spaces have hazards that make them permit spaces. Do not allow any employees to enter a confined space until it has been fully evaluated. At workplaces where confined spaces are being built,host employers or controlling contractors do not need to evaluate confined spaces unless: • One of their employees will enter the space • An employee of an employer responsible to the host employer or controlling contractor will enter the space • A host employer or controlling contractor assumes control over the space If your workplace has a permit space,your employees must know where it is located,that it is hazardous, and that it is a permit space. • Allow employees to observe the evaluation of the space. • Identify the space as a permit space.You can use signs,labels,or tags to identify the space. • When conditions within the space change,re-evaluate it. • Prevent unauthorized employees from entering the space. If someone else will enter a permit space under your control(employees of another employer, for example),inform them: • About all hazards or potential hazards in the spaces • If the spaces have been evaluated before and what that evaluation discovered • What your precautions or procedures are for entering the spaces If your employees will enter a permit space,they must follow the requirements of your written permit-space program. If you have mobile employees,you must determine whether there are confined spaces at the sites where they will be working.If confined spaces are present,the space must be evaluated to identify any physical or atmospheric hazards • that make it a permit space. 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces agtaNEEEPZRZEatakgaigiigatttQgiaigtgiiat:aigiaLadh6:2taaiRtlitaWtitaialiaWAAiliaMEI The permit-space program and the entry permit: 437-002-0146(5) • If your employees will enter a confined h h fthe h d You determined that you have a confined space. space shown in the chart to the right,the space Are one or more of these hazards present? is a permit space and you must prepare a written permit-space program before theyIf qw.1%.*An, enter.Entry occurs when any part of aARAPttigi#cAlkoromativqt worker's body enters the space opening. 1115111141441111260 ( No An entry permit is required if atmospheric and physical hazards ' he space is a cannot be controlled or eliminated. 11141.1411141411111 mmAkket40,1§pholotalara- ss confined 1space. • You can use alternate entryot 44:1,44r4E44110N214,4,14kk:'*\0-thtOR*0-0.0iett Unless procedures to enter a permit „,ae441•4ntroduced \AWkWr into the space, space if all physical hazards ( Yes ) eil0c*:,\NV- 4,0 there are no entry can be eliminated and all #1,40#40464011W v•emaitZ.M\\o,LIMO1P3 , \. • • atmospheric hazards can be "ian atmospheric eliminated or controlled with hazards be controlled C Yes continuous ventilation, or eliminated?Can You can use alternate entry physical hazards be procedures or a permit. \ liminated? En Only enter with t" Space evaluation" a permit. Monitoring equipment -5 Procedures Space evaluation Training Monitoring equipment Written program Entry record Training Maintain exposure records Rescue mon-entry retrieval) Rescue lunable to self rescue) Permit records Maintain exposure records .0WINMERNMAIRWORMagniAMMANIONNVIKERMEMONEMA MAITINIVIAWNYt‘N' 1117,W7;!VMM” ..*\ \111', ,atgig.zgma4.gaagg.,uiaw\,aegggig_:kiuiggig,gigg&\gfrgktaiigigav,tidwoug,N%u;ittgtAxgggaaiggtO Requirenumts for a mitten permit:space program A written permit-space program must include: • A procedure for issuing an entry permit • Provisions for training employees about the written program and entry permits Measures taken to prohibit unauthorized employees from entering permit spaces • The roles of entrants,attendants,entry supervisors,rescuers,and those who test or monitor the atmosphere in the space • Provisions for training employees about their roles Duties of designated employees • Instructions for identifying and evaluating hazards Methods for eliminating or controlling hazards • Instructions for using and maintaining equipment Instructions for coordinating entry with another employer • Procedures for concluding entry and canceling the entry permit At fixed sites,the written program must include a list of all of your permit spaces(or the types of permit spaces if you have several of the same kind).For example,if you have sewer manholes,you do not have to include each one on the list;identify them as"sewer manholes,"describe how to recognize them,and describe the hazards that make them permit spaces. Employees must have access to the written permit-space program before entering a permit space. VERMASINERanlitiNENEWEACEINSMERMOSOMBROME 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces NrrrfMfqtirgommviFimmmpigktpggtriqFfrRRRRWRAqrCTFFPrrrriRMRIMTVRRPRMN The entry permit describes acceptable entry conditions and verifies that a permit space is safe for workers to enter.No • one can enter a permit space until a completed entry permit verifies that the hazards in the space have been eliminated or controlled.An entry supervisor must sign the entry permit,post it on the space where employees can see it,and cancel it after the work is finished. The entry permit must include the following information: • Description of the space that will be entered • Purpose of the entry • Entry date and the start and stop times of the work • Hazards associated with the space • Acceptable entry conditions • Results of tests and monitoring performed to evaluate hazardous atmospheres • Names or initials of the testers and the date the tests were performed • Measures used before entry to isolate the space and eliminate or control hazards • Names of entrants and attendants • Name of the current entry supervisor • Signature of the entry supervisor • Communication procedures necessary for entrants and attendants to maintain contact during the entry • Equipment necessary for safe entry • Rescue services available and contact information for the service providers • Permits for other work in the space(such as hot work) • Description of problems encountered during entry You must also develop a procedure for issuing an entry permit that describes how to: • Evaluate the space's hazards • Evaluate work-related hazards • Identify safe entry conditions Employees must have access to the completed permit before they enter a permit space so they can confirm that pre-entry preparations have been completed. ANV\�\\���0��a��\\\�����ES You must review your entry program when there is any reason to believe employees are not protected.Situations that require a review include: • Unauthorized entry • When a new hazard is identified • When a condition prohibited by the permit occurs during entry • When an injury or near miss occurs during entry • When an employee reports concerns about the permit's effectiveness or the procedure for issuing the permit When you revise your program,do not allow anyone into the affected space until the revisions are complete. • 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces Permit entry: 437-002-0146(6) • Before workers enter a permit space,you must ensure that the hazards associated with the space have been eliminated or controlled.A completed entry permit verifies that hazards have been eliminated or controlled and the space is safe. Establishing safe entry conditions The entry supervisor must certify that the space is safe to enter,sign the entry permit,and post it on the space so that authorized entrants can see it. Essential conditions for safe entry include: • Guarding the space.Use warning signs or barriers to keep out unauthorized people and to protect entrants from falling objects. • Isolating the space.Disconnect,lock out,or tag out hazardous equipment in the space.If you lock out kgaingrEgARROMENVORMONNOMMUntiargeMeniagen Maintaining safe entry conditions equipment,remember that"lock out"includes testing to ensure the lockout method works. • Testing the space for hazardous atmospheres.Test the atmosphere from outside the space for all potential atmospheric hazards,which may include oxygen;flammable gasses,dusts,or vapors;toxic gasses or vapors; and corrosive atmospheres.Provide entrants with test results.Re-test the space if an entrant believes that initial testing was inadequate. • Eliminating or controlling hazardous atmospheres.Eliminate or control the hazards in the space then document the method and the steps necessary to eliminate or control the hazards.Allow entrants to observe testing,monitoring,and any other activity necessary to eliminate or control hazards. • Providing necessary equipment.Ensure that entrants have the equipment they need to do their jobs(including rescue equipment)and that they know how to use the equipment. • Planning for emergencies.Attendants must know how to respond to emergencies,including who to contact and how to remove entrants. When work begins inside the space,you must ensure safe conditions are maintained until the work is finished. Essential conditions for maintaining safe entry include: • Monitoring activity inside and outside the space.Attendants must constantly monitor the space for hazards while employees are inside. • Maintaining communications between attendants and entrants.Attendants and entrants must keep in contact with each other.They must know what communications equipment to use and how to use it. • Keeping unauthorized people away from the space.The entry supervisor and the attendants are responsible for keeping people away. If the space must be evacuated,do not allow re-entry unless you do either of the following: • Evaluate the conditions in the space to ensure it is safe for re-entry and ensure that the permit notes the evacuation • Issue a new entry permit MaRONSNMENNEMSSOMEggNefORNSMAAMMENRIVAMMEng • 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces defqIMFT'nrrO �. e . ' Equipment necessary for entering a permit space: 437-002-0146(7) You must have all necessary equipment to ensure safe entry into permit spaces."This equipment can include: • • Testing and monitoring equipment • Ventilating equipment to maintain acceptable entry conditions • Communication equipment,such as a two-way radio,for communication between the attendant and entrants,and to initiate a rescue • Appropriate lighting,so they can see and can exit the space quickly in an emergency • Barriers or shields to protect them from hazards outside the space such as pedestrians and vehicles • Ladders or similar equipment so they can enter and exit the space • Rescue equipment,if they are unable to evacuate in an emergency • Appropriate personal protective equipment The equipment must be available to the employees at no cost,must be used in accordance with the instructions from the manufacturer,and the employees must be trained to use it properly. Employees' duties and responsibilities: 437-002-0146(8) Working in a permit space involves entrants,attendants,and entry supervisors.Before anyone enters,you must Entrants must Attendants must ntiggMkaC designate who has each of these duties. Entrants are the employees you allow to enter a permit space.Attendants monitor the entrants'activities from outside the space.The entry supervisor ensures that attendants and entrants follow entry procedures. • Know the about hazards that they may face during entry and the signs,symptoms,and consequences of exposure • Communicate with the attendants so the attendants can monitor their status and warn them when they need to evacuate • Tell the attendants about hazardous conditions in the space or symptoms of exposure • Leave the space immediately when: An order to evacuate is given by an attendant or the entry supervisor An entrant recognizes any warning sign or symptom of exposure to a dangerous situation 5 An entrant detects a dangerous or hazardous condition O An evacuation alarm is activated • Know the hazards entrants may face during entry and the signs,symptoms,and consequences of exposure • Be aware of the behavioral effects of hazards on entrants • Keep an ongoing count of entrants and ensure that the count identifies who is in the space • Remain outside the space during entry operations until relieved by another attendant • Communicate with entrants to monitor their status and to alert them if they need to evacuate • • Summon emergency responders as soon as entrants need to escape from the space • Perform non-entry rescues following your established rescue procedure • Do nothing that would interfere with monitoring and protecting an entrant 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces rtaL sus ;‘t see sett vs tts • Monitor activity inside and outside the space and order an immediate evacuation when: Entry supervisors must • There is a hazardous condition in the space • An entrant's behavior is affected by exposure to a hazard • A situation outside the space could endanger the entrants • It is not possible to perform the duties required of an attendant An attendant can monitor more than one space ata time if the duties for one space do not interfere with duties for another space.If an attendant's attention is focused on one space—during a rescue,for example—all other spaces that the attendant is monitoring must be evacuated or another attendant must take over those duties. When unauthorized people approach or enter a permit space while entry is under way,attendants must: • Warn them to stay away from the space • Tell them that they must exit immediately if they have entered the space • Inform the authorized entrants and the entry supervisor if unauthorized people have entered the space You can give attendants authority to remove unauthorized people who attempt to enter a space during entry operations as long as the attendants do not enter the space. • Know the hazards that entrants may face during entry,including the signs,symptoms,and consequences of exposure • Understand how to control or eliminate hazards associated with the space • Verify that all tests specified by the entry permit have been conducted and that all procedures and equipment specified by the permit are in place before signing the permit and allowing entry to begin • Inform entrants and attendants about the hazards and conditions associated with the space and the methods used to eliminate or control the hazards • Terminate the entry and cancel the entry permit as required by the entry procedure • Verify that rescue service providers are available and that they can be contacted in an emergency • Remove unauthorized people who enter or who attempt to enter the space during entry operations • Re-evaluate conditions in the space whenever responsibility for an entry operation is transferred,new hazards are identified,or when the work performed in the space changes �������0\\\\\\�\\0 �\\ � \\ � • �`��` \ �NN\N:NUstveSdvidsEtieSLUSvidySNES IAw\N\,� ff\���� �w�° "�'�'s� �RN1 ,"NN%`� T'k\ '�\.wNs Performingrescues: 437-0 2- 1 6(9) Before you authorize employees to enter a permit space,you must ensure that trained emergency responders will be available if an entrant needs help.Responders must be able to reach the site promptly and know how to deal with the emergency.You can use an on-site rescue team ora third-party rescue service as long as the responder meets your needs in an emergency.Third-party rescue services must agree to provide the service.(Emergency responders are not required when you use alternate entry procedures.) Those who do not understand permit-space hazards or who respond inappropriately are often the victims in many permit-space accidents.Keep in mind that many fire departments are not equipped to respond to permit-space emergencies. Firefighters who are not on your designated rescue team and who respond to emergency(911)calls fora confined space rescue must comply with Subdivision 2/L,437-002-0182,Oregon Rules for Fire Fighters. Developing a tossup procedure Before your employees enter a permit space,you must have a procedure for removing them when they are unable to Perierming non-entry rescues evacuate.The procedure must include the process for summoning rescue services and transporting injured entrants to a medical facility.Safety Data Sheets(SDS)must be kept at worksites.If an entrant is exposed to a hazardous substance, that written material must be made available to the treating medical facility. Use non-entry rescue methods and equipment unless they would increase the overall risk to an entrant.Each entrant must use a chest or full-body harness with a retrieval line attached at the center of the entrant's back near shoulder level,above the entrant's head,or ata similar point that makes it possible to remove the entrant from a confined space.Equipment such as wristlets or ankle straps may be used if a chest or full-body harness is not feasible. The other end of the retrieval line must be attached to a mechanical device or to a fixed point outside the space so that the rescue can begin immediately.A mechanical device must be available to retrieve entrants from permit spaces greater than five feet deep. • Designate a rescue person or team to perform rescues in a timely manner.Response time is based on the hazards associated with the space.For example,immediately dangerous to life or health(IDLH)hazards require an immediate response and responders must be available on site for the duration of the entry.All rescuers must be knowledgable in basic first aid and cardiopulmonary resuscitation(CPR)and at least one rescuer must be certified in first aid and CPR. 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces Rescuers must practice non-entry rescues within 12 months before an entry. ` itar Performing entry rescues PaTthi,.athat dthett Practice rescues must include: • Every type of space in which the rescue team might perform rescues ,.- • Removing people or mannequins from the actual permit spaces ora simulated space that has similar characteristics Consider entry rescues only when a non-entry rescue would increase the overall sttZa ahNnsk to an entrant or is not feasible. v Designate a rescue team that can respond in a timely manner,can rescue � � entrants efficiently,and has the appropriate equipment.Ensure that the rescue team has: • Information about the hazards it may encounter during a rescue • Access to the permit spaces they need to enter < :�� • Appropriate personal protective equipment(PPE) � 9 �- • Any other equipment necessary for safe entry , The ream must practice rescues withinl2 months before an entry.Rescues ������ �� must involve removin eo le or manne uins from the actual ermit s aces �V�� ��� A��.� gP P q P P \\ or from spaces that have similar characteristics.Rescuers must have the ��,�����"` � same training as entrants,attendants,and entry supervisors.All rescue team \� \\ ��\\�\\� members must be knowledgeable in basic first aid and CPR and at least one Experienced emergency responders must be available if an entrant needs help. rescuer must be certified in first aid and CPR. Plob ae workers ff a rs -s..nd rescue When your workers are mobile,they do not need to do an annual practice rescue(either entry or non-entry)if the • rescue team does a practice rescue in the space that needs to be entered. The rescue team must have access to the space before the entry because they need to develop a rescue plan and practice before the actual entry.If the team has access to a space similar to the one that needs to be entered,they can use that space for the practice rescue instead. NV3-- , �., 'OP-* tA)-� -Mg�o f Fqf-7% Zit� � a �� � as as h;,alt4:\i lk 4.eit Aki Third-party rescue c "vi . r viders When a third-party rescue service is used,ensure that the service: • Agrees to provide the service • Is capable of performing all necessary rescue operations • Is knowledgable in first aid and CPR and at least one member is certified in first aid and CPR Third-party rescue service providers must: • Obtain the evaluation information about every permit space they may need to enter �� • Be familiar with procedures necessary to * remove entrants from permit spaces in 2 �� an emergency or when they are not able �� to evacuate �� a • Use the entry permit to identify all physical tk44,44‘4,444-,,and atmospheric hazards in the space and 3\determine the procedure to follow forr�44 Third-parry rescue services must be capable of performing all necessary rescue operations. • 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces Alternate entry: 437-002-0146(10) What alternate entry? Alternate entry is a set of specific procedures for entering a permit space without an entry permit;however,the space remains a permit space under alternate entry.The following sections of 437-002-0146 apply under alternate entry: • Evaluation,437-002-0146(4) * Equipment,437-002-0146(7) * Alternate entry,437-002-0146(10) • Training,437-002-0146(11) Employees may enter a permit space under alternate entry only after you do one of the following: • Eliminate all physical hazards and hazardous atmospheres in the space so that conditions that caused the hazards Alternate entry procedures no longer exist + Eliminate all physical hazards in the space and control all hazardous atmospheres with continuous ventilation Develop and implement alternate entry procedures that address: • The hazards associated with the space • The methods used to eliminate the hazards • The methods used to ensure that the hazards have been eliminated • The methods used to test the space for all hazardous atmospheres • The methods used to determine if unsafe conditions occur before or during entry • The criteria and conditions for evacuating the space • The methods for training employees in these procedures • The methods for ensuring employees follow these procedures Ensure that all employees who enter: • Have the opportunity to observe the activities required to comply with the alternate entry procedures • Have an effective means of communication,such as a two-way radio,cellphone,or voice(if other employees are present)to request help in an emergency hav,4 mKwik\ctia kuitaA e ww-,wi tt Documenting aCtornate entry Document each entry Include: * The location of the space • The hazards associated with the space Measures taken to eliminate the hazards • Measures used to control hazardous atmospheres(when applicable) • The identity of the direct-reading instruments used to test the atmosphere(when applicable) • The results of atmospheric testing(when applicable) • The entry date • The duration of the entry • Any conditions that caused the evacuation of the space • The name,title,and signature of the person responsible for ensuring that the space is safe to enter Keep the document where the space is located for the duration of the entry. Alternate . A 3 a continuous & ode led Alternate entry cannot be used to enter a permit space that is a continuous system(such as a sewer)unless you segregate the area to be entered from the rest of the space,demonstrate that engulfment can't happen and the only hazard is atmospheric, or you demonstrate and document that the hazardous conditions do not exist within the entire system during the entry. Alternate...ate e far wn as continuous ventH a ion When using ventilation to control hazardous atmospheres: • Use only properly calibrated direct-reading meters to test the atmosphere WN AVW 44, 4,44 • Ensure that direct-reading instruments are used and tested according to the manufacturer's instructions • Test the space for hazardous atmospheres before entering • • Ensure that employees do not enter the space until testing has verified that all hazardous atmospheres are controlled by ventilation • Perform continuous monitoring for all hazardous atmospheres while employees are in the space 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces appy `+°a V.: a aaccv � e v® '��'` a\Vo. \u ;`v '* '� �;a�,.�.� �.. ..� A�.P °. .�..at�. .���,�a PACRCAkkadkaW. APPAai Wee.kemess kWAa v a..WAkda There is no requirement fora rescue procedure when workers enter a confined space under alternate entry because hazards in the space have been eliminated or controlled • E "A"\\a... e ,.Ag permit space \p<n e m `aA.". e entry Employees must immediately evacuate a space: • When monitoring indicates the presence of a hazardous atmosphere • When a direct-reading meter used for monitoring fails • When ventilation fails • When a new hazard is identified or conditions in the space change When a space is evacuated,it cannot be re-entered unless the conditions that caused the evacuation are corrected. Re-entry must be treated and documented as a new entry t�W\\�\�\ TTA '�N\��ti\ TAT 'reining employees: 437-002-0146(11) Training employees involved in permit space work Train employees involved in permit space activities so they acquire the understanding,knowledge,and skills necessary to safely perform their duties and their assigned responsibilities. Training is required for new employees and for all other employees: • Before an employee is assigned permit-space duties • • Before there is a change in an employee's assigned duties • When there is a new permit space hazard for which an employee has not been trained • When there are changes to the written permit-space program • When a review of an entry permit identifies problems with an entry • When there is a deviation from established procedures or an employee's knowledge of the procedures is inadequate Record each employee's training,including the employee's name,the trainer's signature,the training date,and the employee's responsibilities.Employees must be able to inspect their training records. Awareness Vis. training aae,'employees Awareness training is required for employees who work in areas(or who may work in areas)where permit spaces are ankpapf present.The purpose of awareness training is to ensure that employees understand that their employer has permit spaces,there is a process for entering the spaces,and that they can identify the spaces. Awareness training is not required for employees when the exposure to those spaces is negligible—such as office workers walking in a parking lot that has a sewer manhole or entering a building with a baghouse near it—as long as those employees have no other exposures to permit spaces.Awareness training is also not required when the entrances to all permit spaces are locked and access would require extraordinary means(such as a chop saw or cutting torch). • SSO\\\�\��������\�\\�\OHO\������0���\�\����������\�\\��������� 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces Awareness training must provide a basic overview of• • • the written permit-space program • How to recognize a permit space • How entry is authorized by the entry permit • How entry is authorized by the alternate entry procedures(if used) Repeat the training when there is a change in the written permit-space program and when there are new or previously unidentified permit spaces. isiMisess u.�imess mdsmom e rims s a`smssss s..._.0ase m_. \ s .e e, s ae r, Entry er tions at multi-emoloyer r k it s: 437-002-0146(12) Before «soRaso3one e'ees employees ,t ofin permit spaces under your commie Let their employers know about the hazards of those spaces and about any precautions or procedures that you require to protect your employees. When your employees are working in a space,and someone else's employees will be working in or around that space,coordinate entry operations with the other employers so your employees are not exposed to hazards created or discovered by the other employees,and vice-versa. After the operations are finished,discuss any hazards that employees created or encountered. Mem your eiredoyees enter someone em<.se., permit vele.. spoce Let whoever is in control of that space(it might be a property owner ora general contractor)know about the precautions and procedures you followed and about any hazards that you or your employees found during entry. • WAL\\�0\OISAINIg IN•INS\®��0M10\\\\NNEISSAVERMUNMOVONN 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces as�"� ,�.\ ���am�ma �\c.�.a�so� .�°�.��,��.a�\���4a��\ �a>G�.\..�� �\..:��m�w�\��a�� ���\��\�* ..��•�;s �..��� .����.a� Recordk e hit : 437-002-0146(13) Permit entry.Keep cancelled entry permits for at least one year from the date the permit expires.Review permits • within one year of their cancellation to ensure that the procedures for issuing them are still effective and the information on them still protects employees who enter the space. Alternate entry Keep the entry document where the space is located for the duration of the entry;after the entry, there is no requirement to keep it.However,the document may be helpful when you review the effectiveness of your confined space program. Notes: • 01329 Safety Plan-Supplement 1 Oregon OSHA Confined Spaces and Permit Spaces m„,,i,„ammitssR,Imummattemovu,simlosetamegagughort,..,iv NEN EsracMosratSrtCS°t\WESSESErMtStMNCESE,SWEtitEMriEtEaESE'SCErn,ESESSSESESEM • Services Oregon OSHA offers a wide variety of safety and health services to employers and employees: AppeatS 503-947-7426;800-922-2689;admin.web@oregon.gov • Provides the opportunity for employers to hold informal meetings with Oregon OSHA on concerns about workplace safety and health. • Discusses Oregon OSHAs requirements and clarifies workplace safety or health violations. Conferences • Discusses abatement dates and negotiates settlement agreements to resolve disputed citations. 503-378-3272;888-292-5247,Option 1;oregon.conferences@oregon.gov Co-hosts conferences throughout Oregon that enable employees and employers to learn and share ideas with local and nationally recognized safety and health professionals. 'Consultative tiv Services es 503-378-3272;800-922-2689;consult.web@oregon.gov • Offers no-cost,on-site safety and health assistance to help Oregon employers recognize and correct workplace safety and health problems. • Provides consultations in the areas of safety,industrial hygiene,ergonomics,occupational safety and health programs,assistance to new businesses,the Safety and Health Achievement Recognition Program(SHARP), and the Voluntary Protection Program(VPP). Enforcement 503-378-3272;800-922-2689;enforce.web@oregon.gov • Offers pre-job conferences for mobile employers in industries such as logging and construction. macastuansommenutossammtwanv,,:awanlawnvmm • Inspects places of employment for occupational safety and health hazards and investigates workplace complaints • • and accidents. Provides abatement assistance to employers who have received citations and provides compliance and technical assistance by phone. o � WO_ As y V O V OW rnnm j o(D �. 41 cn O 9) 4 A CL CY) N (n CJI C O O N m 0 C)mco W O d 3 -I °',< 00o= 3 Nim v A-3 W O O < W W CD v Z w m W Cn C C. m O OMM— C)09� x NCCD 0) CD OWj, C W a0 O co �mZ . °,m v ODOm 4 0 W x(oM m�� y 0) j ol-3.0 N c0 (D mya C O CD N m 8c 0D AOD 8 C V m CD (D O O D W N co _ ()m�'0 T C nc^-0N ",I S O N OJi b j- 7 O : - � Cl) PNj ((n 3 baa r?d m IPO °7 91o x occo Ucv 3— O N ocp?Rcam. 3 V O fD„"+ C77 CD 97 m m X'< IP a CO 8 a cO N V NO? N m CP (o . 9' O T N N W W O cn Cn PL cn m 0 CA ctv) c CD I'M • • W !4 t o y r d n G v ` ..pvp, s b N d rt W a6 w c w o mto ry< 'a o n ro N re: Cn .p 8, a N 1% 0. A Cn tlO p., !O rn V xe o �o * r. - 0 G F3 x a, Ad .Q n N p \V � a O rni, n � rn w fD '" p `� G p� W ,w7 p ri S 0 rt M,U o O O C w Uw0 p O to O y ^ 7 UOQ Ccw Q Cw7 y� a OO 0. P ° _ 0 G H y 7 w 0. fD `� n w x 01329 Safety Plan Supplement 2-Facilities Management—Hot Work Yellow Permit II/ Management Facilities Ttitt�Management WAR N I N G HOT WORK IN PROGRESS! Watch for fire! Instructions 1. Person performing hot work:Indicate time started part 2 and post permit at hot work location.After hot work y NA Required Precautions Checklist is completed,indicate time and leave permit posted for fire watch. ❑❑ The fire pump is in operation and switched to automatic. 2. Fire Watch:Watch area during hot work and for one ❑❑ Control valves to water supply for sprinkler system are open. (1)hour after completion.Prior to leaving area,perform final ❑❑ Hose streams and extinguishers are in service/operable. inspection,sign,leave permit posted and notify firesafety DO Hot work equipment in good working condition. supervisor. Requirements within 35 ft.(11 m)of hot work 3. Monitor:Monitor area for additional three(3)hours. Perform ❑❑ Ignitable liquid,dust,lint and oily deposits removed. final inspection,sign and return to firesafety supervisor. ❑❑ Explosive atmosphere in area eliminated. HOT WORK BY DO Floors swept clean. ❑ Employee ❑❑ Combustible floors wet down,covered with damp sand or fire-resistive sheets. ❑ Contractor ❑❑ Remove other combustible material where possible. ill DATE JOB NUMBER Otherwise,protect with FM Approved welding pads,blankets and curtains,fire-resistive tarpaulins or metal shields. LOCATION/BUILDING AND FLOOR ❑❑ All wall and floor openings covered. ❑❑ FM Approved welding pads,blankets and curtains installed under IDENTIFY OBJECT/SPECIFIC LOCATION and around work. ❑❑ Protect or shut down ducts and conveyors that might carry sparks to distant combustible material. NATURE OF JOB Hot work on walls,ceilings or roofs NAME(PRINT)AND SIGNATURE OF PERSON PERFORMING HOT WORK ❑❑ Construction is noncombustible and without combustible covering or insulation. ❑❑ Combustible material on other side of walls,ceilings or roofs is moved away. I verify the above location has been examined,the precautions Hot work on enclosed equipment checked on the Required Precautions Checklist have been taken to prevent fire,and permission is authorized for this work. I=10 Enclosed equipment cleaned of all combustible material. ❑❑ Containers purged of ignitable liquid/vapor. NAME(PRINT)AND SIGNATURE OF FIRESAFETY SUPERVISOR/OPERATIONS SUPERVISOR ❑❑ Pressurized vessels,piping and equipment removed from service, isolated and vented. Fire watch/hot work area monitoring TIME STARTED: TIME FINISHED: ❑❑ Fire watch will be provided during and for one(1)hour after work, a.m. p.m. a.m. p.m. including any break activity. DATE TIME a.m. Permit Expires ❑❑ Fire watch is supplied with suitable extinguishers,and where practical, P.m. a charged small hose. Fire watch signoff:Work area and all adjacent areas to which ❑❑ Fire watch is trained in use of equipment and in sounding alarm. sparks and heat might have spread were inspected during the ❑❑ Fire watch may be required in adjoining areas,above and below. watch period and were found firesafe. ❑❑ Monitor hot work area for up to an additional three(3)hours after the illSigned: one(1)hour fire watch. ❑❑ Other precautions taken: Final checkup:Work area was monitored forthree(3)hours following completion of the one(1)hour fire watch and found firesafe. Signed: 01329 Safety Plan Supplement 2-Facilities Management—Hot Work Yellow Permit • ! NG ! IN HOT WORK IN PROGRESS Watch for fire! In case of emergency: Call: At: • WARNING ! Hrui--- 4, ' w A, Ai, ' Io : oI® ,,,—, .p,FKiloy EYE on Safety eBe safe,and if it looks unsafe... 1 01329 Safety Plan Supplement 2-Facilities Management—Hot Work Yellow Permit 1. 0 4� cili Faties =Management HOT Wr,:tiNN, „ox P E R M IT STOP! Avoid hot work or seek an alternative/safer method, if possible. This Hot Work Permit is required for any temporary operation involving open flames or producing heat and/or sparks. This includes,but is not limited to:brazing,cutting,grinding,soldering,torch-applied roofing and welding. Part 1 Instructions NA Required Precautions Checklist 1. Firesafety Supervisor: ❑❑ The fire pump is in operation and switched to automatic. A. Specify the precautions to take ❑❑ Control valves to water supply for sprinkler system are open. B. Fill out and keep Part 1 during the hot work process ❑❑ Hose streams and extinguishers are in service/operable. C. Issue Part 2 to the person doing the job. ❑❑ Hot work equipment in good working condition. D. Keep Part2 on file for future reference,including signed Requirements within$5 ft.(11 m)ofhotwork confirmation that the one-hour fire watch and three-hour monitoring have been completed. ❑❑ Ignitable" liquid,dust,lint and oily deposits removed. ❑❑ Explosive atmosphere in area eliminated. HOT WORK BY ❑❑ Floors swept clean. ❑ Employee ❑❑ Combustible,floors wet down,covered with damp sand or fire-resistive sheets. ❑ Contractor 00 Remove other combustible material where possible. ill DATE JOB NUMBER Otherwise,protect with FM Approved welding pads,blankets and curtains,fire-resistive tarpaulins or metal shields. LOCATION/BUILDING AND FLOOR ❑❑ All wall and floor openings covered. ❑❑ FM Approved welding pads,blankets and curtains installed under IDENTIFY OBJECT/SPECIFIC LOCATION and around work. ❑❑ Protect or shut down ducts and conveyors that might carry sparks to distant combustible material. NATURE OF JOB Hot work on walls,ceilings or roofs NAME(PRINT)AND SIGNATURE OF PERSON PERFORMING HOT WORK ❑❑ Construction is noncombustible and without combustible covering or insulation. ❑❑ Combustible material on other side of walls,ceilings or roofs is moved away. I verify the above location has been examined,the precautions Hot work on enclosed equipment checked on the Required Precautions Checklist have been taken to prevent fire,and'permission is authorized for this work. ❑❑ Enclosed equipment cleaned of all combustible material. ❑❑ Containers purged of ignitable liquid/vapor. NAME(PRINT)AND SIGNATURE OF FIRESAFETY SUPERVISOR/OPERATIONS SUPERVISOR ❑❑ Pressurized vessels,piping and;equipment removed from service, isolated and vented. Fire watch/hot work area monitoring TIME STARTED: TIME FINISHED: ❑❑ Fire watch will be provided during and for one(1)hour after work, a.m. p.m. a.m. p.m. including any break activity. DATE TIME a.m. Permit Expires DO Fire watch is supplied with suitable extinguishers,and where practical, p.m. a charged small hose. Note:Emergency notification on back of form. 00 Fire watch is trained in use of equipment and in sounding alarm. Use as appropriate for your facility. ❑❑ Fire watch may be required in adjoining areas,above and below. ❑❑ Monitor hot work area for up to an additional three(3)hours after the ii• To order additional hot work permits or other FM Global resources,order one(1)hour fire watch. online 24 hours a day,seven days a week,at www.fmglobalcatalog.com. ❑❑ Other precautions taken: FIlIaf F2630UIFM©2013 FM Global.(Rev.08/2013) All rights reserved. 01329 Safety Plan Supplement 2-Facilities Management—Hot Work Yellow Permit 1. Facilities • ManagementHOTWORK P STOP! Avoid hot work or seek an alternative/safer method, if possible. This Hot Work Permit is required for any temporary operation involving open flames or producing heat and/or sparks. This includes,but isnot limited to:brazing,cutting,grinding,soldering,torch-applied roofing and welding. Part lA Instructions NA Required Precautions Checklist 1. Firesafety Supervisor: ❑❑ The fire pump is in operation and switched to automatic. A. Specify the precautions to take DO Control valves to water supply for sprinkler system are open. B. Fill out and keep Part 1 during the hot work process DO Hose streams and extinguishers are in service/operable. (Part 1A is for quality assurance documentation,if necessary). DO Hot work equipment in good working condition. C. Issue Part 2 to the person doing the job. D. Keep Part 2 on file for future reference,including signed Requirements within 35 ft.(11 m)of hot work confirmation that the one-hour fire watch and three-hour DO Ignitable liquid,dust,lint and oily deposits removed. monitoring have been completed. DO Explosive atmosphere in area eliminated. HOT WORK BY ❑❑ Floors swept clean. ❑0 Combustible floors wet down,covered with damp sand ❑ Employee or fire-resistive sheets. 0 Contractor ❑❑ Remove other combustible material where possible. DATE JOB NUMBER Otherwise,protect with FM Approved welding pads,blankets • and curtains,fire-resistive tarpaulins or metal shields. LOCATION/BUILDING AND FLOOR ❑❑ All wall and floor openings covered. ❑❑ FM Approved welding pads,blankets and curtains installed under IDENTIFY OBJECT/SPECIFIC LOCATION and around work. ❑❑ Protector shut down ducts and conveyors that might carry sparks to distant combustible material. NATURE OF JOB Hot work on walls,ceilings or roofs NAME(PRINT)AND SIGNATURE OF PERSON PERFORMING HOT WORK ❑❑ Construction is noncombustible and without combustible covering or insulation. ❑❑ Combustible material on other side of walls,ceilings or roofs is moved away. I verify the above location has been examined,the precautions Hot work on enclosed equipment checked on the Required Precautions Checklist have been taken to`prevent fire,and permission is authorized for this work. ❑❑ Enclosed equipment'cleaned of all combustible material. DO Containers purged of ignitable liquid/vapor. NAME(PRINT)AND SIGNATURE OF FIRESAFETY SUPERVISOR/OPERATIONS SUPERVISOR ❑❑ Pressurized vessels,piping and equipment removed from service, isolated and vented. Fire watch/hot work area monitoring TIME STARTED: TIME FINISHED: ❑❑ Fire watch will be provided during and for one(1)hour after work, a.m. p.m. a.m. p.m. DATE TIME a.m. including any break activity. Permit Expires ❑❑ Fire watch is supplied with suitable extinguishers,and where practical, P.m. a charged small hose. Fire watch is trained in use of equipment and in sounding alarm. Note:Emergency notification on back of form. DO ❑❑ Fire watch may be required in adjoining Use as appropriate for your facility. ng areas,above and below. ❑❑ ,Monitor hot work area for up to an additional three(3)hours after the To order additional hot work permits or other FM Global resources,orderone(1)hour fire wwatch. 41)online 24 hours a day,seven days a week,at ww.fmglobalcatalog.com. ❑❑ Other precautions taken: Illal® F2630UIFM©2013 FM Global.(Rev.08/2013) All rights reserved. • SECTION 01330 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Wherever submittals are required in the Contract Documents, submit them to the Engineer. B. Provide four hardcopies for all Division 11, 16, and 17 submittals. C. Electronic copies shall be in Microsoft Word, Excel, or Adobe PDF format unless otherwise specified. Electronic copies shall be submitted through a collaboration Internet web site (ProCore or other as identified). The Owner will provide access rights for the collaboration web site to Contractor personnel as necessary. The Contractor will be required to utilize the collaboration website, including providing and utilizing necessary computers, interne services, phone services, and other office, scheduling, and communication software programs. D. Definitions: • 1. Action Submittal: Written and graphic information submitted by the Contractor that requires the Engineer's approval. (In general, all submittals are to be considered Action Submittals unless specifically indicated as informational or deferred submittals in the Contract Documents.) 2. Informational Submittals: Information submitted by the Contractor that does not require the Engineer's approval. 3. Deferred Submittal: Information required for the review of Contractor- designed systems that will be submitted to the local authority having jurisdiction for permitting. 1.02 PRECONSTRUCTION CONFERENCE SUBMITTALS A. At the preconstruction conference of Section 01110, Summary of Work, the Contractor shall submit the following items to the Engineer for review: 1. A preliminary list of Shop Drawings, Samples, and proposed Substitutes. 2. A preliminary schedule for submission of priority and major Shop Drawings (particularly for long-lead time equipment) and Samples. 3. A list of permits and licenses the Contractor shall obtain, indicating the agency required to grant the permit, the expected date of submittal for the permit, and required date for receipt of the permit. 1111 Clean Water Services 01330 Submittal Procedures Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 4. A preliminary schedule of values in accordance with Section 01292, • Schedule of Values. 5. A 60-Day Plan of Operation in accordance with Section 01324, Construction Schedule. 6. A Project Overview Gantt Chart in accordance with Section 01324, Construction Schedule. 7. Contractor's Health and Safety Plan in accordance with Section 1329. 1.03 SHOP DRAWINGS A. Wherever called for in the Contract Documents or where required by the Engineer,the Contractor shall furnish to the Engineer for review. B. Shop Drawings in Adobe PDF format shall be bookmarked. C. Shop Drawings may include detail design calculations, Shop-prepared Drawings, fabrication and installation drawings, erection drawings, lists, graphs, catalog sheets, data sheets, and similar items. If a list, graph, catalog sheet, data sheet, etc., includes more than one item, clearly mark which item is the subject of the submittal and the actual product to be furnished. D. Shop Drawings that require Contractor to submit design calculations as part of a submittal, such calculations shall bear the signature and seal of an engineer registered in the appropriate branch and in the State of Oregon. E. Shop Drawings in hard copy shall be accompanied by the Engineer's standard • submittal transmittal form, a reproducible copy of which is available from the Engineer. A submittal without the form or where applicable items on the form are not completed will be returned for resubmittal. F. Shop Drawing Organization: 1. A single submittal transmittal form shall be used for each technical specification section or item or class of material or equipment for which a submittal is required. A single submittal covering multiple sections will not be acceptable,unless the primary specification references other sections for components. Example: if a pump section references other sections for the motor, shop-applied protective coating, anchor bolts, local control panel, and variable frequency drive, a single submittal would be acceptable. A single submittal covering vertical turbine pumps and horizontal split case pumps would not be acceptable. 2. On the transmittal form, index the components of the submittal and insert tabs in the submittal to match the components. Relate the submittal components to specification paragraph and subparagraph, Drawing number, detail number, schedule title,room number, or building name, as applicable. • Clean Water Services 01330 Submittal Procedures Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • 3. Unless indicated otherwise, terminology and equipment names and numbers used in submittals shall match those used in the Contract Documents. G. Format: 1. Minimum sheet size shall be 8.5 inches by 11 inches. Maximum sheet size shall be 22 inches by 34 inches. Every page in a submittal shall be numbered in sequence. Each copy of a submittal shall be collated and stapled or bound, as appropriate. The Engineer will not collate sheets or copies. 2. Where product data from a manufacturer is submitted, clearly mark which model is proposed, with complete pertinent data capacities, dimensions, clearances, diagrams, controls, connections, anchorage, and supports. Sufficient level of detail shall be presented for assessment of compliance with the Contract Documents. 3. Each submittal shall be assigned a unique number based on the most relevant specification section number. Submittals shall be numbered sequentially, and the submittal numbers shall be clearly noted on the transmittal. Original submittals shall be assigned a numeric submittal number(e.g., 15200-1). If submittal "15200-1"requires a resubmittal, the first resubmittal will bear the designation"15200-1.1" and the second resubmittal will bear the designation"15200-1.2" and so on. 4. If there is a followup submittal related to a previously submitted class of material or type of equipment(e.g., follow-up submittal to submittal "15200-1"), it shall be assigned the next sequential number"15200-2". If submittal "15200-2"requires a resubmittal, the first resubmittal will bear the designation"15200-2.1" and the second resubmittal will bear the designation"15200-2.1" and so on. H. Shop Drawings that are unorganized, do not have a table of contents, do not clearly indicate what is submitted, and do not meet the requirements of the Contract Documents will be returned without review. I. Except as may otherwise be indicated in Sections, the Engineer will return submittal to the Contractor with comments noted thereon, within 21 days. following receipt by the Engineer. J. It is considered reasonable that the Contractor will make a complete and acceptable submittal to the Engineer by the third resubmittal on an item. Per General Conditions 7.16 E Resubmittal Procedures additional costs for the Engineer's review shall be the Contractors responsibility. K. If a submittal is returned to the Contractor marked "NO EXCEPTIONS TAKEN," formal revision and resubmission will not be required. • Clean Water Services 01330 Submittal Procedures Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project L. If a submittal is returned marked"MAKE CORRECTIONS NOTED," Contractor shall make the corrections on the submittal,but formal revision and resubmission will not be required, but written acknowledgement that the corrections were made will be required and the final O&M manual will include both the written acknowledgment of the correction and the correction. M. If a submittal is returned marked"AMEND-RESUBMIT,"the Contractor shall revise it and shall resubmit the required number of copies to the Engineer for review. Resubmittal of portions of multi-page or multi-drawing submittals will not be allowed. For example, if a Shop Drawing submittal consisting of 10 drawings contains one drawing noted as "AMEND RESUBMIT,"the submittal as a whole is deemed"AMEND RESUBMIT," and 10 drawings are required to be resubmitted. N. If a submittal is returned marked"REJECTED-RESUBMIT," it shall mean either that the proposed material or product does not satisfy the specification, the submittal is so incomplete that it cannot be reviewed, or is a substitution request not submitted in accordance with the Contract Documents. O. Resubmittal of rejected portions of a previous submittal will not be allowed. Every change from a submittal to a resubmittal or from a resubmittal to a subsequent resubmittal shall be identified and flagged on the resubmittal. P. Fabrication of an item may commence only after the Engineer has reviewed • the pertinent submittals and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN" or"MAKE CORRECTIONS NOTED". Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as changes to the Contract requirements. Q. Submittals shall be carefully reviewed by an authorized representative of the Contractor prior to submission to the Engineer. Each submittal shall be dated and signed by the Contractor as being correct and in strict conformance with the Contract Documents. In the case of Shop Drawings, each sheet shall be so dated and signed. Any deviations from the Contract Documents shall be noted by the Contractor on the transmittal form and such deviation shall allowed if approved in writing by the Engineer and Owner. The Engineer will only review submittals that have been so verified by the Contractor.Nonverified submittals will be returned to the Contractor without action taken by the Engineer, and any delays caused thereby shall be the total responsibility of the Contractor. R. Corrections or comments made on the Contractor's Shop Drawings during review do not relieve the Contractor from compliance with Contract Documents. Review is for conformance to the design concept and general compliance with the Contract Documents only. The Contractor is responsible for confirming and correlating quantities and dimensions, fabrication • Clean Water Services 01330 Submittal Procedures Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • processes and techniques, coordinating Work with the trades, and satisfactory and safe performance of the Work. 1.04 SAMPLES A. The Contractor shall submit the number of samples indicated by the Specification Section. If the number is not indicated, submit not less than three samples. Where the amount of each sample is not indicated, submit such amount as necessary for proper examination and testing by the methods indicated. B. Samples shall be individually and indelibly labeled or tagged, indicating the salient physical characteristics and manufacturer's name. Upon acceptance by the Engineer, one set of the samples will be stamped and dated by the Engineer and returned to the Contractor, one set of samples will be retained by the Engineer, and one set shall remain at the Site in the Engineer's field office until completion of the Work. C. Unless indicated otherwise in Specification Section, the Engineer will select colors and textures from the manufacturer's standard colors and standard materials,products, or equipment lines. If certain samples represent nonstandard colors, materials,products, or equipment lines that will require an increase in Contract Times or Price, the Contractor shall clearly state so on the transmittal page of the submittal. • D. The Contractor shall schedule sample submittals such that: 1. Sample submittals for color and texture selection are complete so the Engineer has 45 days to assemble color panels and select color and texture dependent products and materials without delay to the construction schedule. 2. After the Engineer selects colors and textures, the Contractor has sufficient time to provide the products or materials without delay to the construction schedule. The Contract Times will not be extended for the Contractor's failure to allow enough review and approval or selection time, failure to submit complete samples requiring color or texture selection, or failure to submit complete or approvable samples. 1.05 TECHNICAL OPERATION AND MAINTENANCE INFORMATION A. The Contractor shall submit technical operation and maintenance (O&M) information for each item of mechanical, electrical, and instrumentation equipment in an organized manner as specified in Section 01782, Operation and Maintenance Data, and in the Specifications Sections of the Contract Documents. O&M information, instructions and data shall be provided for each maintainable material and piece of equipment.It shall be written so that it can be used and understood by the Owner's operation and maintenance • staff. Clean Water Services 01330 Submittal Procedures Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project B. O&M Submittal Schedule: Except where indicated otherwise, technical O&M • information shall be submitted in initial draft form to the Engineer not later than 90 days prior to any startup, system testing or operator training. 1. Subsequent drafts shall be provided by the Contractor within 30 days from the date of Contractor's receipt of review comments from the Engineer. 2. The approved Operation and Maintenance Manual must be available prior to any startup, system testing, or operator training. 3. The Contractor's attention is drawn to Section 01770, Closeout Procedures, where the submission of the Operation and Maintenance Manual is related to payments. 1.06 RECORD DOCUMENTS A. The Contractor shall maintain one set of Drawings at the Site for the preparation of record drawings. On these, it shall mark every project condition, location, configuration, and any other change or deviation which may differ from the Contract Drawings B. Buried or concealed construction and utility features shall be surveyed and located with coordinates recording the horizontal and vertical location of buried utilities regardless if they that differ from the locations indicated, or that were not indicated on the Contract Drawings. AutoCAD compatible drawings of this survey shall be submitted to the Owner. C. Record drawings shall be supplemented by any detailed sketches and pictures as necessary to fully indicate the Work as actually constructed. D. These record drawings are the Contractor's representation of as-built conditions, and shall be maintained up-to-date during the progress of the Work. E. Using erasable colored pencils (not ink or indelible pencil), indicate in green when showing information deleted from the Drawings, red when showing information added to the Drawings, and blue and circled in blue to show notes. F. Notes shall identify relevant Change Orders by number and date. Preparation of record drawings shall conform to the following: 1. Date entries. 2. Call attention to entry by"cloud" drawn around area or areas affected. • Clean Water Services 01330 Submittal Procedures Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project • 3. Legibly mark to record actual changes made during construction, including,but not limited to: a. Depths of various elements of foundation in relation to finished first floor data if not shown or where depth differs from that shown. b. Horizontal and vertical locations of existing new underground facilities and appurtenances, and other underground structures, equipment, or Work. Reference to at least two measurements to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in the construction referenced to visible and accessible features of the structure. d. Locate existing facilities,piping, equipment, and items critical to the interface between physical conditions or construction and new construction. e. Changes made by Addenda and Field Orders, Work Change Directives, Change Orders, Written Amendments, and Engineer's written interpretations and clarifications using consistent symbols for each and showing appropriate document tracking number. 4. Dimensions of Schematic Layouts: Show record drawings,by dimension, the centerline of each run of items such as are described in previous subparagraph above. a. Clearly identify the item by accurate notation such as "cast iron • drain," "galv. water," and the like. b. Show, by symbol or note, vertical location of item ("under slab," "in ceiling plenum," "exposed,"and the like. c. Make identification so descriptive that it may be related reliably to Specifications. G. The Contractor shall maintain one set of Specifications at the Site for the preparation of record specifications. On these shall be recorded every change or deviation during the course of the project resulting from Work Change Directives, Field Orders, Substitutions, Engineer's written interpretation, and other reason. Record specifications shall be marked with green, red and blue pencils in the same manner as record drawings, noting the document or other reason that caused the change. H. Prior to submitting each Application for Payment, request Engineer's review and approval of current status of record documents. Failure to properly maintain, update, and submit record documents may result in a deferral by Engineer to recommend whole or any part of Contractor's Application for Payment, either partial or final. • Clean Water Services 01330 Submittal Procedures Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project I. In the case of those Drawings that depict the detail requirement for equipment • to be assembled and wired in the factory, such as motor control centers and the like,the record drawings shall be updated by indicating those portions which are superseded by Change Order Drawings or final Shop Drawings, and by including appropriate reference information describing the change orders by number and the Shop Drawings by manufacturer,Drawing, and revision numbers. J. Disorganized or incomplete record documents will not be accepted. The Contractor shall revise them and resubmit within 10 days. K. Current as-built markups of record documents shall be accessible to the Engineer during the construction period and'shall be provided to the Owner prior to requesting final payment. Current markups of electrical and instrumentation drawings shall be accessible to Owner during startup and until final record drawings are available. L. The request for final payment will not be accepted until the record documents have been completed and delivered to the Engineer. M. Information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for the accuracy of such information. 1.07 QUALITY CONTROL (QC) SUBMITTALS A. Quality control submittals are defined as those required by the Specifications • to present documentary evidence to the Engineer that the Contractor has satisfied requirements of the Contract Documents. B. Unless otherwise indicated, QC submittals shall be submitted: 1. Before delivery and unloading, for the following types of submittals: a. Manufacturers' installation instructions. b. Manufacturers' and Installers' experience qualifications. c. Ready mix concrete delivery tickets. d. Design calculations. e. Affidavits and manufacturers' certification of compliance with indicated product requirements. f. Laboratory analysis results. g. Factory test reports. 2. For the following types of submittals,the manufacturer's field representative shall submit a draft certification prior to leaving the Project site and a final certification within 7 days of the event documented: a. Manufacturers' field representative certification of proper installation. • Clean Water Services 01330 Submittal Procedures Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project • 3. Within 30 days of the event documented for the following types of submittals: a. Field measurement. b. Field test reports. c. Receipt of permit. d. Receipt of regulatory approval. 4. Submittal and testing requirements as specified in Section 13400, Instrumentation and Control for Process Systems. C. The Engineer will record the date that a QC submittal was received and review it for compliance with submittal requirements, but the review procedures above for Shop Drawings and samples will not apply. 1.08 INFORMATIONAL SUBMITTALS A. Informational submittals formalize the flow of information between the Contractor and the Engineer. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION • • Clean Water Services 01330 Submittal Procedures Durham AWWTF Secondary -9- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • SECTION 01350 • SPECIAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Special procedures for locating and verifying concealed existing facilities. 1.02 CONCEALED EXISTING FACILITIES A. Verify locations of utilities and facilities which may exist by consulting with the Owner, utility companies, and Blue Stake or Underground Services Alert (USA) or other service available in area of Project. 1. Abide by easement and right-of-way restrictions. B. Notify the Owner, owners of facilities when the Work will be in progress. Make arrangements for potential emergency repairs in accordance with requirements of owners of utility facilities, including individual or residential facilities. 110 C. Assume responsibility for repair of facilities damaged by performance of the Work. D. Expose sanitary and storm sewers, water, gas, electric,telephone utility lines, and other underground facilities indicated to permit survey location prior to commencement of Work in affected area. 1. Expose in ample time to permit relocation of interfering utilities with minimum delaying effect on contract time. E. Work required for raising, lowering, or relocating utilities not indicated will be performed by affected utility owners or as part of the Work at option of affected owners of utilities. 1. When part of the Work,perform work in accordance with standards of affected utility owner, and adjustment to Contract Price and Contract Times will be made as stipulated in conditions of contract. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION(NOT USED) END OF SECTION Clean Water Services 01350 Special Procedures Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01352 ALTERATION PROJECT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Requirements and procedures for performing alterations to existing facilities. 1.02 SUBMITTALS A. Alterations Schedule: Submit in accordance with requirements for Progress Schedules. 1.03 SEQUENCE AND SCHEDULES A. Perform Work in sequences and within times specified in Section 01140, Work Restrictions. B. Submit separate detailed sub-schedule for alterations, coordinated with construction schedules. Indicate: • 1. Each stage of Work and dates of occupancy of areas. 2. Date of Substantial Completion for each area of alterations as appropriate. 3. Trades and Subcontractors employed in each stage. 1.04 WORK INVOLVED WITH EXISTING OPERATING FACILITIES A. Perform the Work while existing facility is in operation. B. Do not jeopardize operation or materially reduce efficiency of existing facility. C. Coordinate the Work with operation of the facility. 1. Do not begin alterations of designated portions of the Work until specific permission has been granted in writing by Owner in each case. 2. Engineer and Owner's Representative will coordinate the planned procedure with Owner's operations and maintenance staff. 3. Complete as quickly as possible and with as little delay as possible, modifications or connections to existing equipment and utilities, and other operations that interfere with the operation of existing facility. D. Operational functions of the facility that are required to be performed to facilitate the Work will be performed by facility personnel only. • Clean Water Services 01352 Alteration Project Procedures Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project E. Owner staff will cooperate in every way practicable to assist in expediting the • Work. F. When necessary for the proper operation or maintenance of portions of the facility, reschedule Work operations so that the Work will not conflict with necessary operations or maintenance of the facility. 1.05 ALTERATIONS, CUTTING, AND PROTECTION A. Assign relocation,removal, cutting, and patching to trades qualified to perform in manner which causes least damage and provide means of returning surfaces to appearance of new construction. B. Provide weather protection, waterproofing,heat and humidity control as needed to prevent damage to remaining existing and new construction. C. Provide temporary enclosures as specified in Section 01500, Temporary Facilities and Controls,to separate construction areas from existing building and from areas occupied by Owner, and to provide weather protection. 1.06 SALVAGE SCHEDULE A. All demolished or removed equipment,piping and materials, except excavation spoils as required for berm construction, shall be removed from the site and disposed of by the Contractor in accordance with all applicable laws • and regulations including ORS 279C.510 as fully set forth in the Appendix. 1.07 PREPARATION A. Identify existing materials that shall be patched, extended, or matched. B. In addition to demolition specified and Construction specifically indicated on the Drawings, cut,move or remove items as necessary to provide access or to allow alteration and new construction to proceed, including: 1. Repair or removal of hazardous or unsanitary conditions. 2. Removal of abandoned items and items serving no useful purpose, such as abandoned piping, conduit and wiring. 3. Removal of unsuitable or extraneous materials not marked for salvage, such as abandoned furnishings and equipment, and debris such as rotted wood,rusted metals, and deteriorated concrete. 4. Cleaning of surfaces and removal of surface finishes needed to install new construction and finishes. 5. Disposal of items removed and not salvaged. C. Cut and remove minimum amount of existing construction in manner which avoids damage to adjacent work. • Clean Water Services 01352 Alteration Project Procedures Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • D. Cut finish surfaces such as masonry, tile,plaster, and metals by methods which terminate surfaces in straight line at natural points of division. E. Perform cutting and patching as specified in Section 01732, Cutting and Patching. 1.08 TRANSITION FROM EXISTING TO NEW WORK A. When new construction abuts or finishes flush with existing construction, make smooth transitions and match architecture of existing construction. B. Where partitions are removed,patch floors, walls, and ceilings with finish materials which match existing materials. C. Where removal of partitions results in adjacent spaces becoming one,rework floors, walls, and ceilings to provide smooth planes without breaks, steps, or bulkheads. D. Where changes of plane exceed 2 inches, request instructions for making transition. E. Trim and refinish existing doors as necessary to clear new floors. F. Match patched construction with adjacent construction in texture and • appearance so that patch or transition is invisible at 5-foot distance. G. When finished surfaces are cut so that smooth transition is impossible, terminate existing surface in neat manner along straight line at natural line of division and provide appropriate trim. 1.09 DAMAGED SURFACES A. Patch and replace portions of existing finished surfaces which are damaged, lifted and discolored with matching material. B. Provide adequate support of substrate prior to patching finishes. C. Refinish patched portion of painted or coated surfaces in manner which produces uniform color and texture to entire surface. D. When existing surface finish cannot be matched, refinish entire surface to nearest change of plane exceeding 45 degrees. 1.10 CLEANING A. Perform periodic and final cleaning as specified in Section 01500, Temporary Facilities and Controls, and Section 01770, Closeout Procedures. B. Clean Owner-occupied areas daily. Clean Water Services 01352 Alteration Project Procedures Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project C. Clean spillage, overspray and heavy collection of dust in Owner-occupied 1111 areas immediately. D. At completion of each portion of Work, clean area and make surfaces ready for successive portions of Work. E. At completion of alterations in each area,provide final cleaning and return space to condition suitable for use by Owner. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION(NOT USED) END OF SECTION • • Clean Water Services 01352 Alteration Project Procedures Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • SECTION 01410 PERMITS AND REGULATORY REQUIREMENTS PART 1 GENERAL 1.01 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. The Contractor shall construct the Work in accordance with the Contract Documents and the referenced portions of those referenced codes, standards, and specifications. B. References herein to "Building Code" or"Uniform Building Code" shall mean the International Building Code including State of Oregon Amendments. The latest edition of the code as adopted shall apply to the Work herein, including all addenda, modifications, amendments, or other lawful changes thereto. C. In case of conflict between codes, reference standards, Drawings, and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Engineer for clarification and directions prior to ordering or providing any materials or furnishing labor. The Contractor shall bid for the most stringent requirements. • D. References herein to "OSHA Regulations for Construction" shall mean Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations (OSHA), including all changes and amendments thereto. E. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes and amendments thereto. F. Applicable Standard Specifications: References in the Contract Documents to "Standard Specifications" or SSPWC shall mean the Standard Specifications for Public Works Construction, 1997 Edition. 1.02 PERMITS A. The Contractor shall keep fully informed of all local ordinances, as well as state and federal laws, which in any manner affect the Work. At all times the Contractor shall comply with said ordinances, laws, and regulations, and protect and indemnify the Owner and its officers and agents against any claim or liability arising from or based on the violation of such laws, ordinances, or regulations. B. The Contractor shall abide by the conditions of all permits and shall obtain proof of satisfaction of conditions from issuers of permits prior to acceptance of the Work by the Owner. • Clean Water Services 01410 Regulatory Requirements Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project C. The Contractor shall comply with all conditions attached to applicable local, state and federal permits. D. The Contractor is responsible for installation,maintenance, and discharge of all water from dewatering operations in accordance with all regulatory requirements. E. The Owner has applied for, and has paid, or will pay for the required permits with the City of Tigard. The Contractor is responsible for obtaining the permits following completion of the Contractor's details within the appropriate sections of the permits. The Contractor shall abide by all regulations and conditions of the permits and shall obtain indications of acceptable satisfaction of conditions prior to acceptance of the Work by the Owner. Such regulations, conditions and requirements are made a part of these Specifications as fully and completely as though the same were fully set forth herein. F. Contractor shall be responsible for acquiring and paying for any additional permits including a Right-of-Way(ROW) street closure permits. G. Permits and Easements Obtained After Bid Submittal: If, after the Bid submittal date,the Owner obtains any permits or easements which require changes to the Work hereunder and thereby cause an increase or decrease in the cost of, or the time required for,the performance of the Work under this Contract,the Contractor shall submit information sufficient for the Owner's • Representative to determine the extent of the effects on the cost and/or schedule. If the Owner's Representative agrees the cost and/or schedule will be affected by such changes, such effects will be handled in accordance with the General Conditions. The Owner's Representative will provide the Contractor with a copy of any such permits or easements. Comply with all applicable terms and conditions contained in such permits or easements. H. Posting Permits and Easements: Post permits and easements, as required, at the site of the Work. 1.03 REGULATIONS RELATED TO HAZARDOUS MATERIALS A. The Contractor shall be responsible that all Work included in the Contract Documents, regardless if shown or not, shall comply with all DEQ, EPA, OSHA, RCRA,NFPA, and any other Federal, State, and Local Regulations governing the storage and conveyance of hazardous materials, including petroleum products. Also see Section 01560, Temporary Environmental Controls. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION • Clean Water Services 01410 Regulatory Requirements Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • SECTION 01424 ABBREVIATIONS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Abbreviations and meanings. 1.02 INTERPRETATIONS A. Interpret abbreviations by context in which abbreviations are used. B. Wherever in these Specifications references are made to the standards, specifications, or other published data of the various international, national, regional, or local organizations, such organizations may be referred to by their acronym or abbreviation only. As a guide to the user of these Specifications, the following acronyms or abbreviations which may appear in these Specifications shall have the meanings indicated herein. 1.03 ABBREVIATIONS A. Abbreviations used to identify Reference Standards: • AA Aluminum Association AAMA Architectural Aluminum Manufacturers Association AAN American Association of Nurserymen AASHTO American Association of State Highway and Transportation Officials ABC Associated Air Balance Council ABPA Acoustical and Board Products Association ACI American Concrete Institute ACIL American Council of Independent Laboratories ADC Air Diffusion Council ABMA American Bearing Manufacturers'Association (formerly AFBMA, Anti-Friction Bearing Manufacturers' Association) AFBMA Ant-Friction Bearing Manufacturer's Association, Inc. AFPA American Forest Products Association AGA American Gas Association AGC Associated General Contractors AGMA American Gear Manufacturers'Association AHA American Hardboard Association AHAM Association of Home Appliance Manufacturers AI Asphalt Institute AIA American Institute of Architects 0 ALMA Acoustical and Insulating Materials Association Clean Water Services 01424 Abbreviations Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project AISC American Institute of Steel Construction 411 AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Conditioning Association ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association ARI Air Conditioning and Refrigeration Institute ASAHC American Society of Architectural Hardware Consultants ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM ASTM International (Former name American Society for Testing and Materials. Still used in specifications.) AWI Architectural Woodwork Institute AWPA American Wood Preservers Association AWPI American Wood Preservers Institute AWS American Welding Society AWSC American Welding Society Code AWWA American Water Works Association BHMA Builders Hardware Manufacturers Association 11111 BIA Brick Institute of America BSI Building Stone Institute CLFMI Chain Link Fence Manufacturers Institute CPSC U.S. Consumer Product Safety Commission CRA California Redwood Association CRI Carpet and Rug Institute CRSI Concrete Reinforcing Steel Institute CS Commercial Standards CSI Construction Specifications Institute CTI Ceramic Tile Institute DHI Door and Hardware Institute EIFS Exterior Insulation and Finish System EJCDC Engineers Joint Contract Documents Committee FGMA Flat Glass Marketing Association FIA Factory Insurance Association FM Factory Mutual FS Federal Specifications FTI Facing Tile Institute • Clean Water Services 01424 Abbreviations Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project 11111 GA Gypsum Association IAPMO International Association of Plumbing and Mechanical Officials IBC International Building Code ICBO International Conference of Building Officials ICC International Code Council IEEE Institute of Electrical and Electronics Engineers MAG Maricopa Association of Governments MIA Marble Institute of America ML/SFA Metal Lath/Steel Framing Association MS Military Specifications NAAMM National Association of Architectural Metal Manufacturers NAPA National Asphalt Pavement Association NBHA National Builders Hardware Association NCMA National Concrete Masonry Association NEC National Electrical Code NECA National Electrical Contractors Association NETA International Electrical Testing Association NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association • NFPA National Forest Products Association NIST National Institute of Standards and Technology NMWIA National Mineral Wood Insulation Association NPCA National Paint and Coatings Association NRCA National Roofing Contractors Association NTMA National Terrazzo and Mosaic Association NWMA National Woodwork Manufacturer's Association PCA Portland Cement Association PCI Prestressed Concrete Institute PDCA Paint and Decorating Contractors of America PDI Plumbing and Drainage Institute PEI Porcelain Enamel Institute PS Product Standard RTI Resilient Tile Institute SAE Society of Automotive Engineers SCPA Structural Clay Products Association SDI Steel Door Institute SIGMA Sealed Insulating Glass Manufacturers Association SJI Steel Joist Institute SMACNA Sheet Metal and Air Conditioning Contractors National • Association Clean Water Services 01424 Abbreviations Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project SSPC Society for Protective Coatings-Steel Structures Painting • Council TCA Tile Council of America UBC Uniform Building Code (ICBO) UL Underwriters Laboratories, Inc. UNS Unified Numbering System USDA United States Department of Agriculture VA Vermiculite Association WCLA West Coast Lumberman's Association WCLIB West Coast Lumber Inspection Bureau WPA Western Pine Association WPOA Western Plumbing Officials Association WRC Welding Research Council WSCPA Western States Clay Products Association WWPA Western Wood Products Association B. Abbreviations used in Specifications: a year or years (metric unit) A ampere or amperes • am ante meridian(before noon) ac alternating current ac-ft acre-foot or acre-feet atm atmosphere AWG American Wire Gauge bbl barrel or barrels bd board bhp brake horsepower bil gal billion gallons BOD biochemical oxygen demand Btu British thermal unit or units Btuh British thermal units per hour bu bushel or bushels C degrees Celsius cal calorie or calories cap capita cd candela or candelas cfm cubic feet per minute Ci curie or curies cm centimeter or centimeters cmu concrete masonry unit II/ Clean Water Services 01424 Abbreviations Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • CO carbon monoxide Co. Company CO2 carbon dioxide COD chemical oxygen demand Corp. Corporation counts/min counts per minute cu cubic cu cm cubic centimeter or centimeters cu ft cubic foot or feet cu ft/day cubic feet per day cu ft/hr cubic feet per hour cu ft/min cubic feet per minute cu ft/sec cubic feet per second cu in cubic inch or inches cu m cubic meter or meters cu yd cubic yard or yards d day(metric units) day day(English units) db decibels DB dry bulb (temperature) dc direct current diam diameter • DO dissolved oxygen DS dissolved solids emf electromotive force fpm feet per minute F degrees Fahrenheit ft feet or foot fc foot-candle or foot candles ft/day feet per day ft/hr feet per hour ft/min feet per minute ft/sec feet per second g gram or grams G gravitational force gal gallon or gallons gal/day gallons per day gal/min gallons per minutes gal/sec gallons per second gfd gallons per square foot per day g/L grams per liter gpd gallons per day gpd/ac gallons per day per acre Clean Water Services 01424 Abbreviations Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project gpd/cap gallons per day per capita • gpd/sq ft gallons per day per square foot gph gallons per hour gpm gallons per minute gps gallons per second h hour or hours (metric units) ha hectare or hectares hp high point hp horsepower hp-hr horsepower-hour or horsepower-hours hr hour or hours (English units) Hz hertz ID inside diameter ihp indicated horsepower Inc. Incorporated inch inch inches inches inches/sec inches per second J joule or joules JTU Jackson turbidity unit or units k kips 1111 K kelvin K thermal conductivity kcal kilocalorie or kilocalories kcmil thousand circular mils kg kilogram or kilograms km kilometer or kilometers kN kilonewton or kilonewtons kPa kilopascal or kilopascals ksi kips per square inch kV kilovolt or kilovolts kVA kilovolt-ampere or kilovolt-amperes kW kilowatt or kilowatts kWh kilowatt hour L liter or liters lb/1000 cu ft pounds per thousand cubic foot lb/acre-ft pounds per acre-foot lb/ac pounds per acre lb/cu ft pounds per cubic foot lb/day/cu ft pounds per day per cubic foot lb/day/acre pounds per day per acre lb/sq ft pounds per square foot Clean Water Services 01424 Abbreviations Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project • lin lin ft linear, lineal linear foot or feet lm lumen or lumens log logarithm (common) In logarithm (natural) lx lux m meter or meters M molar(concentration) mA milliampere or milliamperes max maximum mCi millicurie or millicuries meq milliequivalent microfarad or microfarads MFBM thousand feet board measure mfr manufacturer mg milligram or milligrams mgd/ac million gallons per day per acre mgd million gallons per day mg/L milligrams per liter pg/L micrograms per liter µm micrometer or micrometers mile mile • mil. gal million gallons miles miles min minimum min minute or minutes MLSS mixed liquor suspended solids MLVSS mixed liquor volatile suspended solids mm millimeter or millimeters mol wt molecular weight mol mole Mpa megapascal or megapascals mph miles per hour MPN most probable number mR milliroentgen or milliroentgens Mrad megarad or megarads mV millivolt or millivolts MW megawatt or megawatts N newton or newtons N normal (concentration) No. number Nos numbers NRC noise reduction coefficient NTU or ntu nephelometric turbidity unit • Clean Water Services 01424 Abbreviations Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project oc on center • OD outside diameter ORP oxidation-reduction potential OT ortho-tolidine OTA ortha-tolidine-arsenite oz ounce or ounces oz/sq ft ounces per square foot Pa pascal or pascals p1 plate or property line pm post meridiem (afternoon) ppb parts per billion ppm parts per million ppt parts per thousand pr pair psf/hr pounds per square foot per hour psf pounds per square foot psi pounds per square inch psia pounds per square inch absolute psig pounds per square inch gauge PVC polyvinyl chloride qt quart or quarts R radius • R roentgen or roentgens rad radiation absorbed dose RH relative humidity rpm revolutions per minute rps revolutions per second s second(metric units) S Siemens (mho) SDI sludge density index or silt density index sec second(English units) SI International System of Units sp static pressure sp gr specific gravity sp ht specific heat sq square cm2 or sq cm square centimeter or centimeters sq ft square feet or foot sq inch square inch sq inches square inches km2 or sq km square kilometer or kilometers m2 or sq m square meter or meters mm2 or sq mm square millimeter or millimeters 1111 Clean Water Services 01424 Abbreviations Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project • sq yd SS square yard or yards suspended solids STC Sound Transmission Class SVI sludge volume index TDS total dissolved solids TKN total Kjeldahl nitrogen TLM median tolerance limit TOC total organic carbon TOD total oxygen demand TOW top of weir TS total solids TSS total suspended solids TVS total volatile solids U U Factor/U Value U Coefficient of Heat Transfer U heat transfer coefficient UNS Uniform Numbering System US United States ✓ volt or volts VA volt-ampere or volt-amperes W watt or watts WB wet bulb wg water gauge wk week or weeks wt weight yd yard or yards yr year or years (English unit) C. Abbreviations used on Drawings: As listed on Drawings or in Specifications. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION • Clean a Water Services 01424 Abbreviations Durham AWWTF Secondary -9- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01450 QUALITY CONTROL PART 1 GENERAL 1.01 SUMMARY A. Specific quality control requirements for the Work are indicated throughout the Contract Documents. The requirements of this Section are primarily related to performance of the Work beyond furnishing of manufactured products. The term "Quality Control" includes inspection, sampling and testing, and associated requirements. B. The requirements of this Section are in addition to those included as part of the Statement of Special Inspection Plan on the Drawings and Section 01455, Special Inspection, Observation, and Testing. 1.02 INSPECTION AT PLACE OF MANUFACTURE A. The presence of the Engineer at the place of manufacture, however, shall not relieve the Contractor of the responsibility for providing products,materials, and equipment which comply with all requirements of the Contract Documents. Compliance is a duty of the Contractor, and said duty shall not be • avoided by any act or omission on the part of the Engineer. B. The Engineer and Owner, their assistants, inspectors, consultants and other employees of the Owner, shall at all times and for any purpose have access to the Work and the premises used by the Contractor, Subcontractors and Suppliers, and the Contractor, Subcontractors and Suppliers shall provide safe and proper facilities therefore. Furthermore, the Owner and the Engineer shall, at all times, have immediate access to all places of manufacture where machinery, equipment or materials are being manufactured, produced or fabricated for use under the Contract Documents, and shall have full facilities for determining that all such machinery, equipment or materials are being made strictly in accordance with the Contract Documents. C. Contractor shall notify the Engineer and Owner in writing of testing to occur at the place of manufacture no less than 30 days before the test commence. 1.03 SAMPLING AND TESTING A. Unless otherwise indicated, all sampling and testing will be in accordance with the methods prescribed in the current standards of the ASTM, as applicable to the class and nature of the article or materials considered; however,the Owner reserves the right to use any generally-accepted system of sampling and testing which, in the opinion of the Engineer will assure the 111 Clean Water Services 01450 Quality Control Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project Owner that the quality of the workmanship is in full accord with the Contract • Documents. B. Any waiver by the Owner of any specific testing or other quality assurance measures,whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the testing or other quality assurance requirements originally indicated, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial Work, shall not be construed as a waiver of any requirements of the Contract Documents. C. Notwithstanding the existence of such waiver, the Engineer reserves the right to make independent investigations and tests, and failure of any portion of the Work to meet any of the requirements of the Contract Documents, shall be reasonable cause for the Engineer to require the removal or correction and reconstruction of any such Work in accordance with the General Conditions. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 INSTALLATION A. Inspection: The Contractor shall inspect materials or equipment upon the • arrival on the Job Site and immediately prior to installation, and reject damaged and defective items. B. Measurements: The Contractor shall verify measurements and dimensions of the Work, as an integral step of starting each installation. C. Manufacturer's Instructions: Where installations include manufactured products, the Contractor shall comply with manufacturer's applicable instructions and recommendations for installation,to whatever extent these are more explicit or more stringent than applicable requirements indicated in Contract Documents. END OF SECTION Clean Water Services 01450 Quality Control • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • SECTION 01455 SPECIAL INSPECTION, OBSERVATION,AND TESTING PART 1 GENERAL 1.01 SUMMARY A. This section covers requirements for Special Inspection, Observation, and Testing required in accordance with Chapter 17 of the 2012 International Building Code and is in addition to and supplements requirements included in Statement of Special Inspections (Plan) shown on Drawings. 1.02 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. American Society of Civil Engineers (ASCE): 7-10, Minimum Design Loads for Buildings and Other Structures. 2. International Code Council (ICC): a. 2012 International Building Code (IBC). b. Evaluation Service(ICC-ES)Reports and Legacy Reports. • 1.03 DEFINITIONS A. Agencies and Personnel: 1. Approved Agency: An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved. 2. Registered Design Professional in Responsible Charge: An individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the Project is to be constructed. 3. Special Inspector: Qualified person employed by Owner who will demonstrate competence to the satisfaction of the building official for inspection of a particular type of construction or operation requiring Special Inspection. B. Special Inspection: 1. Special Inspection:p p on. Inspection required of materials, installation, fabrication, erection, or placement of components and connections requiring special expertise to ensure compliance with approved Contract Documents and referenced standards. • Clean Water Services 01455 Special Inspections, P Durham AWWTF Secondary -1- Observations &Testing Treatment System Expansion Project March 2018 2. Special Inspection, Continuous: Full-time observation of work requiring • Special Inspection by an approved Special Inspector who is present in the area where the Work is being performed. 3. Special Inspection, Periodic: Part-time or intermittent observation of work requiring Special Inspection by an approved Special Inspector who is present in the area where the Work has been or is being performed, and at the completion of the Work. C. Structural Systems and Components: 1. Diaphragm: Component of structural lateral load resisting system consisting of roof, floor, or other membrane or bracing system acting to transfer lateral forces to vertical resisting elements of structure. 2. Drag Strut or Collector: Component of structural lateral load resisting system consisting of a diaphragm or shear wall element that collects and transfers diaphragm shear forces to vertical force-resisting elements or distributes forces within diaphragm or shear wall. 3. Seismic-Force-Resisting System: That part of structural lateral load resisting system that has been considered in the design to provide required resistance to seismic forces identified on Drawings. 4. Shear Wall: Component of structural lateral load resisting system consisting of a wall designed to resist lateral forces parallel to the plane of the wall. Unless noted otherwise on Drawings, load-bearing walls with direct in-plane connections to roof and floors shall be considered to • be shear walls. 5. Wind Force Resisting System: That part of the structural system that has been considered in the design to provide required resistance to wind forces identified on Drawings. D. Nonstructural Components: 1. Architectural Component Supports: Structural members or assemblies of members which transmit loads and forces from architectural systems or components to the structure, including braces, frames, struts, and attachments. 2. Electrical Component Supports: Structural members or assemblies which transmit loads and forces from electrical equipment to the structure, including braces, frames, legs,pedestals, and tethers, as well as elements forged or cast as part of component for anchorage. 3. Mechanical Component Supports: Structural members or assemblies which transmit loads and forces from mechanical equipment to the structure, including braces, frames, skirts, legs, saddles, pedestals, snubbers, and tethers, as well as elements forged or cast as part of component for anchorage. Clean Water Services 01455 Special Inspections, • Durham AWWTF Secondary -2- Observations &Testing Treatment System Expansion Project March 2018 • E. Professional Observation: 1. Does not include or waive responsibility for required Special Inspection or inspections by building official. 2. Requirements are indicated on Statement of Special Inspections (Plan) provided on Drawings. 3. Geotechnical Observation: Visual observation of selected subgrade bearing surfaces by a registered design professional for general conformance to Contract Documents. 4. Structural Observation: Visual observation of structural system(s)by a registered design professional for general conformance to Contract Documents. 5. Statement of Special Inspections (Plan): Detailed written procedure contained on Drawings establishing systems and components subject to Special Inspection, Observation, and Testing during construction,type and frequency of testing, extent and duration of Special Inspection, and reports to be completed and distributed by Special Inspector. 1.04 SUBMITTALS A. Informational Submittals: Contractor's Statement of Responsibility: Form shall be completed by each contractor responsible for construction of a main • seismic-force-resisting system. Refer to Article Supplement located at end of section. 1.05 STATEMENT OF SPECIAL INSPECTIONS (PLAN)REQUIREMENTS A. Designated Systems for Inspection: 1. Seismic-force-resisting systems designated under IBC Section 1705 and subject to Special Inspection under Section 1707: See Drawings for basic lateral load resisting systems for each structure and other designated seismic systems. 2. Wind-force-resisting systems designated under IBC Section 1706 1705. None required. 3. Architectural, Mechanical, and Electrical Components subject to Special Inspection and testing under IBC Section 1707 for Seismic Resistance: None required. • Clean Water Services 01455 Special Inspections, spections, Durham AWWTF Secondary -3- Observations &Testing Treatment System Expansion Project March 2018 B. Statement of Special Inspections (Plan): As included in Drawings and in • support of the building permit application,the Project specific plan was prepared by the registered design professional in responsible charge. The following identifies elements of the inspection, observation, and testing program to be followed in construction of the Work: 1. Designated seismic systems and main seismic force resisting systems and components that are subject to Special Inspection and Structural Observation for lateral load resistance. 2. Special Inspection and testing required by IBC Section 1704 and Section 1708, and other applicable sections and referenced standards therein. 3. Type and frequency of Special Inspection required. 4. Type and frequency of testing required. 5. Required frequency and distribution of testing and Special Inspection reports to be distributed by Special Inspector to Engineer, Contractor, building official, and Owner. 6. Geotechnical Observation to be Performed: Required frequency and distribution of Geotechnical Observation reports by registered design professional to Contractor, building official, and Owner. 7. Structural Observations to be Performed: Required frequency and distribution of Structural Observation reports by registered design professional to Contractor,building official, and Owner. j C. Special Inspection and associated testing of shop fabrication and field construction will be performed by an approved accredited independent agency. Owner will secure and pay for the services of the agency to perform Special Inspection and associated testing. D. Owner's plan for code required Special Inspection with associated testing and Professional Observation, as provided in Statement of Special Inspections (Plan) on Drawings and further provided in this section, is for the sole benefit of Owner and does not: 1. Relieve Contractor of responsibility for providing adequate quality control measures. 2. Relieve Contractor of responsibility for damage to or loss of material before acceptance. 3. Constitute or imply acceptance. 4. Affect continuing rights of Owner after acceptance of completed Work. E. The presence or absence of code required Special Inspector and Professional Observer does not relieve Contractor from Contract requirements. F. Contractor is responsible for additional costs associated with Special Inspection and Testing and Observation when Work is not ready at time Clean Water Services 01455 Special Inspections, • Durham AWWTF Secondary -4- Observations &Testing Treatment System Expansion Project March 2018 • identified by Contractor, and Special Inspectors and Professional Observer are on Site but not able to provide contracted services. G. Contractor is responsible for associated costs for additional Special Inspection and Testing and Professional Observation by Special Inspectors and Professional Observers required due to rejection of materials of in place Work that cannot be made compliant to Contract Document without additional Site visits or testing. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 GENERAL A. Provide access to Shop or Site for Special Inspection and Testing and Professional Observation. B. Notify Engineer in advance of required Special Inspection and Professional - Observation no later than 48 hours prior to date of Special Inspection and Professional Observation. C. Materials and systems, inclusive, shall be inspected during placement where • Continuous Special Inspection is required. D. Materials and systems shall be inspected during or at completion of their placement where Periodic Special Inspection is allowed. 1. Periodic Special Inspection shall be performed so that Work inspected after,but not during, its placement can be corrected prior to other related Work proceeding and covering inspected Work. 2. Periodic Special Inspection does not allow sampling of a portion of the Work. All Work shall be inspected. 3.02 SUPPLEMENT A. The supplement listed below, following "End of Section,"is a part of this Specification: 1. Contractor's Statement of Responsibility. END OF SECTION • Clean Water Services 01455 Special Inspections, Durham AWWTF Secondary -5- Observations &Testing Treatment System Expansion Project March 2018 • This Page Intentionally Blank • • • CONTRACTOR'S STATEMENT OF RESPONSIBILITY (Project) (Name of Contracting Company) (Business Address) ( ) ( ) (Telephone) (Fax) I, (We)hereby certify that I am (we are) aware of the Special Inspection and Testing and Professional Observation requirements contained in Contract Documents for this Project for seismic force-resisting systems as listed in Statement of Special Inspections (Plan) on Drawings, and that: 1. I, (We) are responsible for implementation of the Statement of Special Inspections (Plan) for the construction of the following systems: Facility Lateral Force-Resisting System • Aeration Basin Complex including Soil, reinforcement steel placement, Pump Stations and Tunnels, concrete mixing,placement and Secondary Clarifier, Secondary curing, concrete embedment Effluent Collection Structure and placement, cast in place and post Channel installed anchor rods, Pipe support structural steel and connections. Electrical Building Special Reinforced Masonry Wall 2. Control of this Work will be exercised to obtain conformance with the Contract Documents approved by the building official. 3. Procedures to be used for exercising control of the Work, the method and frequency of reporting, and distribution of reports required under the Statement of Special Inspections (Plan) for this Project are attached. 4. I, (We)will provide 48-hour notification to Engineer and approved agency as required for structural tests and Special Inspection for this Project. • Clean Water Services 01455-Su lementl Special Inspections, pP p p Durham AWWTF Secondary -1- Observations &Testing Treatment System Expansion Project March 2018 5. The following person is hereby identified as exercising control over the • requirements of this section for the Work designated above: Name: Qualifications: (Print name and official title of person signing this form) Signed by: Date: Project Name: • • Clean Water Services 01455-Supplement1 Special Inspections, Durham AWWTF Secondary -2- Observations &Testing Treatment System Expansion Project March 2018 • SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Furnishing, maintaining, and removing construction facilities and temporary controls, including temporary utilities, construction aids,barriers and enclosures, security, access roads,temporary controls, project sign, field offices and sheds, and removal after construction. 1.02 GENERAL REQUIREMENTS A. Types: The types of utility services which may be required for general temporary use at the Site include the following: 1. Water service (fire protection and potable for certain uses). 2. Storm drain. 3. Sanitary sewer. 4. Electric power and lighting service. 5. Internet service. 6. Gas service. 4110 1.03 JOB CONDITIONS A. Scheduled Uses: The Contractor shall, in conjunction with establishment of job progress schedule, establish a schedule for implementation and termination of service for each temporary utility at the earliest feasible time, and when acceptable to Owner and Engineer, change over from use of temporary utility service to permanent service. PART 2 PRODUCTS 2.01 MATERIALS A. The Contractor shall provide either new or used materials and equipment, which are in substantially undamaged condition and without significant deterioration and which are recognized in the construction industry,by compliance with appropriate standards, as being suitable for intended use in each case. Where a portion of temporary utility is provided by utility company,the Contractor shall provide the remaining portion with matching and compatible materials and equipment and shall comply with recommendations of utility company. Clean Water Services 01500 Temporary Facilities and Controls Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 2.02 FIELD OFFICES AND SHEDS • A. Contractor's Field Office: 1. Maintain on Project site weathertight space in which to keep copies of Contract Documents,progress schedule, Shop Drawings, and other relevant documents. 2. Provide field office with adequate space to examine documents, a table of sufficient size to place full sized construction documents for review and redlining, and provide lighting and internet service in that space. 2.03 CONSTRUCTION AIDS A. Provide railings, kick plates, enclosures, safety devices, and controls required by Laws and Regulations and as required for adequate protection of life and property. B. Use construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities of ample size and capacity to adequately support and move loads. C. Design temporary supports with adequate safety factor to assure adequate load bearing capability. 1. When requested, submit design calculations by professional registered 1111 engineer prior to application of loads. 2. Submitted design calculations are for information and record purposes only. D. Accident Prevention: 1. Exercise precautions throughout construction for protection of persons and property. 2. Observe safety provisions of applicable laws and regulations. 3. Guard machinery and equipment, and eliminate other hazards. 4. Make reports required Contract Documents, authorities having jurisdiction, and permit safety inspections of the Work. 5. Before commencing construction Work,take necessary action to comply with provisions for safety and accident prevention. E. Barricades: 1. Place barriers at ends of excavations and along excavations to warn pedestrian and vehicular traffic of excavations. 2. Provide barriers with flashing lights after dark. 3. Keep barriers in place until excavations are entirely backfilled and compacted. 4. Barricade excavations to prevent persons from entering excavated areas in streets,roadways,parking lots,treatment plants, or other public or private areas. 4111 Clean Water Services 01500 Temporary Facilities and Controls Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • F. Warning Devices and Barricades: Adequately identify and guard hazardous areas and conditions by visual warning devices and, where necessary,physical barriers. 1. Devices shall conform to minimum requirements of OSHA and state agency which administers OSHA regulations where Project is located. G. Hazards in Public Right-of-Way: 1. Mark at reasonable intervals,trenches and other continuous excavations in public right-of-way, running parallel to general flow of traffic, with traffic cones, barricades, or other suitable visual markers during daylight hours. a. During hours of darkness,provide markers with torches, flashers, or other adequate lights. 2. At intersections or for pits and similar excavations, where traffic may reasonably be expected to approach head on,protect excavations by continuous barricades. a. During hours of darkness,provide warning lights at close intervals. H. Hazards in Protected Areas: Mark or guard excavations in areas from which public is excluded, in manner appropriate for hazard. • I. Above Grade Protection: On multi-level structures, provide safety protection that meets requirements of OSHA and State agency which administers OSHA regulations where Project is located. J. Protect existing structures, trees, shrubs, and other items to be preserved on Project site from injury, damage or destruction by vehicles, equipment, worker or other agents with substantial barricades or other devices commensurate with hazards. K. Fences: 1. Enclose site of the Work with fence adequate to protect the Work against acts of theft, violence and vandalism. 2. Enclose temporary offices and storage areas with fence adequate to protect temporary facilities against acts of theft, violence and vandalism. 3. When entire or part of site is to be permanently fenced, permanent fence may be built to serve for both permanent and temporary protection of the Work site, provided that damaged or defaced fencing is replaced prior to Substantial Completion. 4. Protect temporary and permanent openings and close openings in existing fences to prevent intrusion by unauthorized persons. Bear responsibility for protection of plant and material on site of the work when openings in existing fences are not closed. 1111 Clean Water to Services 01500 Temporary Facilities and Controls Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 5. During night hours,weekends,holidays, and other times when no work • is performed at site, provide temporary closures or enlist services of security guards to protect temporary openings. 6. Fence temporary openings when openings are no longer necessary. 2.04 SECURITY A. Make adequate provision for protection of the Work area against fire,theft, and vandalism, and for protection of public against exposure to injury. 2.05 ACCESS ROADS A. General: 1. Contractor may use existing plant roads only to the extent defined in the Contract Documents. All roads must be kept in service and accessible by the Owner at all times. 2. Build and maintain durable,weatherproof and dust free roads which are suitable for travel at 20 miles per hour. B. Onsite Access Roads: 1. Protect buried vulnerable utilities under temporary roads with steel plates, wood planking, or bridges. 2. Maintain on-site access roads free of mud. Under no circumstances shall • vehicles leaving the site track mud off the site onto the public right-of- way. 2.06 PROJECT CONSTRUCTION ENTRANCE SIGNS A. Provide and maintain one Construction Entrance signs consisting of painted 8-foot wide by 4-foot high exterior grade plywood and minimum 10-foot long 4 by 4 lumber posts, set in ground at least 3 feet, with exhibit lettering by professional sign painter using no more than 5-sign colors. 1. Provide text as defined by the Engineer. 2. Erect sign where directed by Owner or Engineer. B. Provide minimum of two additional signs to direct delivery and forces as required. Erect Project identification sign where directed by Owner or Engineer. PART 3 EXECUTION 3.01 INSTALLATION OF TEMPORARY UTILITY SERVICES A. General: Owner will provide Contractor temporary connection for the duration of the project. Contractor shall make and maintain temporary connection as required by the Owner. • Clean Water Services 01500 Temporary Facilities and Controls Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project B. Approval of Electrical Connections: Temporary connections for electricity • shall be subject to approval of the Engineer and the Owner and shall be removed in like manner at the Contractor's expense prior to final acceptance of the Work. C. Separation of Circuits: Unless otherwise permitted by the Engineer, circuits used for power purposes shall be separate from lighting circuits. D. Construction Wiring: Wiring for temporary electric light and power shall be properly installed and maintained and shall be securely fastened in place. Electrical facilities shall conform to the requirements of Subpart K of the OSHA Safety and Health Standards for Construction. 3.02 INSTALLATION OF POWER DISTRIBUTION SYSTEM A. Power: The Contractor shall provide and maintain all temporary power lines required to perform the Work in a safe and satisfactory manner. The Contractor shall pay for all costs for installation and removal of the temporary power service. B. Temporary Power Distribution: Coordinate with Owner. 3.03 INSTALLATION OF LIGHTING . A. Construction Lighting: Work conducted at night or under conditions of deficient daylight shall be suitably lighted to ensure proper Work and to afford adequate facilities for inspection and safe working conditions. B. Temporary Lighting: The Contractor shall provide a general, weatherproof, grounded temporary lighting system in every area of construction work, to provide sufficient illumination for safe work and traffic conditions. Run circuit wiring generally overhead, and rise vertically in locations where it will be least exposed to possible damage from construction operations on grade, floors, decks, or other areas of possible damage or abuse. 3.04 WATER SUPPLY A. General: The Contractor shall provide an adequate supply of water of a quality suitable for all domestic and construction purposes. B. The Contractor shall provide and operate all pumping facilities, pipelines, valves,hydrants, storage tanks, and all other equipment necessary for the adequate development and operation of the water supply system. Water used for domestic purposes shall be free of contamination and shall conform to the requirements of the State and local authorities for potable water. The Contractor shall be solely responsible for the adequate functioning of its water supply system and shall be solely liable for any claims arising from the use of same, including discharge or waste of water therefrom. • Clean Water Services 01500 Temporary Facilities and Controls Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project C. Water Connections: The Contractor shall not make connection to or draw • water from any fire hydrant or pipeline without first obtaining permission of the authority having jurisdiction over the use of said fire hydrant or pipeline and from the agency owning the affected water system. For each such connection made, the Contractor shall first attach to the fire hydrant or pipeline a valve and a meter, if required by the said authority, of a size and type acceptable to said authority and agency. The Contractor shall pay all permit and water charges. 3.05 INSTALLATION OF SANITARY FACILITIES A. Toilet Facilities: Fixed or portable chemical toilets shall be provided wherever needed for the use of Contractor's employees. Toilets at construction job sites shall conform to the requirements of Subpart D, Section 1926.51 of the OSHA Standards for Construction. All wastes and refuse from sanitary facilities provided by the Contractor or organic material wastes from any other source related to the Contractor's operations shall be disposed of away from the Site in a manner satisfactory to the Engineer and in accordance with all laws and regulations pertaining thereto. The Contractor shall provide and pay for all costs associated with any temporary sanitary service. 3.06 INSTALLATION OF FIRE PROTECTION A. Fire Protection: All parts of the Work shall be connected with the Contractor's temporary water supply system and shall be adequately protected against • damage by fire. Hose connections and hose, water casks, chemical equipment, or other sufficient means shall be provided for fighting fires in the temporary structures and other portions of the Work, and responsible persons shall be designated and instructed in the operation of such fire apparatus so as to prevent or minimize the hazard of fire. The Contractor's fire protection program shall conform to the requirements of Subpart F of the OSHA Standards for Construction. 3.07 INSTALLATION OF COMMUNICATIONS A. Internet Services: The Contractor shall provide and maintain at all times during the progress of the Work at its own field construction office on the Site. 3.08 OPERATIONS AND TERMINATIONS A. Inspections: Prior to placing temporary utility services into use,the Contractor shall inspect and test each service and arrange for governing authorities' required inspection and tests, and obtain required certifications and permits for use thereof. B. Protection: The Contractor shall maintain distinct markers for underground lines, and protect from damage during excavating operations. 411 Clean Water Services 01500 Temporary Facilities and Controls Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project • C. Termination and Removal: When need for a temporary utility service or a substantial portion thereof has ended, or when its service has been replaced by use of permanent services, or not later than time of substantial completion, the Contractor shall promptly remove installation unless requested by Engineer to retain it for a longer period. The Contractor shall complete and restore Work which may have been delayed or affected by installation and use of temporary utility, including repairs to construction and grades and restoration and cleaning of exposed surfaces. D. Remove temporary buildings and furnishings before inspection for Final Completion or when directed. E. Clean and repair damage caused by installation or use of temporary facilities. F. Remove underground installations to minimum depth of 24 inches and grade to match surrounding conditions. G. Restore existing facilities used during construction to specified or original condition. END OF SECTION • • Clean Water Services 01500 Temporary Facilities and Controls p Y Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01505 MOBILIZATION PART 1 GENERAL 1.01 SUMMARY A. Mobilization shall include the obtaining of all permits; moving onto the site of all plant and equipment; furnishing and erecting temporary buildings, and other construction facilities; and implementing security requirements; all as required for the proper performance and completion of the Work. B. Mobilization shall include the following principal items: 1. Moving on to the site of all Contractor's equipment required for first month operations. 2. Installing temporary construction power, wiring, and lighting facilities. 3. Developing construction water supply. 4. Providing all onsite communication facilities. 5. Arranging for and erection of Contractor's work and storage yard. 6. Obtaining all required permits. 7. Having all OSHA required notices and establishment of safety programs • as identified in Contractor Safety Plan in accordance with Section 01329, Safety Plan 8. Having the Contractor's superintendent at the job site full time. 9. Submitting Preconstruction Conference Submittals in accordance with Section 01330, Submittal Procedures. 1.02 PAYMENT FOR MOBILIZATION A. The Contractor's attention is directed to the condition that 1 percent of the total Contract Price will be deducted from any money due the Contractor as progress payments until all mobilization items listed above have been completed as specified. The aforementioned amount will be retained by the Owner as the agreed, estimated value of completing all of the mobilization items listed. Any such retention of money for failure to complete all such mobilization items as a lump-sum item shall be in addition to the retention of any payments due to the Contractor as specified in Article 15 of the General Conditions of the Contract. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION • Clean Water Services 01505 Mobilization Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • SECTION 01530 . PROTECTION OF EXISTING FACILITIES PART 1 GENERAL 1.01 SUMMARY A. The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than prior to such damage or temporary relocation, all in accordance with the Contract Documents. B. Verify locations of utilities and facilities which may exist by consulting with the Contract Documents, Owner, Oregon811 (http://diasa clyoregon.cori') and locating service available in area of Project. 1.02 RESTORATION OF PAVEMENT, CURBS, SIDEWALKS, AND MOWSTRIPS A. General: All paved areas including asphaltic concrete berms cut or damaged during construction shall be replaced with similar materials of equal thickness to match the existing adjacent undisturbed areas, except where specific resurfacing requirements have been called for in the Contract Documents or in • the requirements of the agency issuing the permit. The pavement restoration requirement to match existing sections shall apply to all components of existing sections, including sub-base, base, and pavement. Temporary and permanent pavement shall conform to the requirements of the affected pavement owner. Pavements which are subject to partial removal shall be neatly saw cut in straight lines. B. Temporary Resurfacing: Wherever required by the public authorities having jurisdiction, the Contractor shall place temporary surfacing promptly after backfilling and shall maintain such surfacing for the period of time fixed by said authorities before proceeding with the final restoration of improvements. C. Permanent Resurfacing: In order to obtain a satisfactory junction with adjacent surfaces,the Contractor shall saw cut back and trim the edge so as to provide a clean, sound,vertical joint before permanent replacement of an excavated or damaged portion of pavement. Damaged edges of pavement along excavations and elsewhere shall be trimmed back by saw cutting in straight lines. All pavement restoration and other facilities restoration shall be constructed to finish grades compatible with adjacent undisturbed pavement. D. Restoration of Curbs, Sidewalks, Mowstrips or Private Driveways: Wherever curbs, sidewalks, mowstrips or private roads have been removed for purposes of construction,the Contractor shall place suitable temporary curbs, • sidewalks,mowstrips or private roads promptly after backfilling and shall Clean Water Services 01530 Protection of Existing Facilities Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project maintain them in satisfactory condition for the period of time fixed by the • authorities having jurisdiction over the affected portions. If no such period of time is so fixed,the Contractor shall maintain said temporary curbs, sidewalks, mowstrips or private roads until the final restoration thereof has been made. 1.03 EXISTING UTILITIES AND IMPROVEMENTS A. General: The Contractor shall protect underground utilities and other improvements which may be impaired during construction operations, regardless of whether or not the utilities are indicated on the Drawings. The Contractor shall take all reasonable precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary. B. Except where the Drawings indicate utilities have been field located during design or certain utility locations shall be exposed as part of the Work, the Contractor shall perform exploratory excavations as it deems necessary to determine the exact locations and depths of utilities which may interfere with its work. All such exploratory excavations shall be performed as soon as practicable after Notice to Proceed and, in any event, a sufficient time in advance of construction to avoid possible delays to the Contractor's progress. When such exploratory excavations show the utility location as shown on the Drawings to be in error,the Contractor shall so notify the Engineer. C. The number of exploratory excavations required shall be that number which is • sufficient to determine the alignment and grade of the utility. D. Utilities to be Moved: In case it shall be necessary to move the property of any public utility or franchise holder, such utility company or franchise holder will, upon request of the Contractor, be notified by the Owner to move such property within a specified reasonable time. When utility lines that are to be removed are encountered within the area of operations, the Contractor shall notify the Engineer a sufficient time in advance for the necessary measures to be taken to prevent interruption of service. E. Utilities to be Removed: Where the proper completion of the Work requires the temporary or permanent removal and/or relocation of an existing utility which is not indicated to be removed and/or relocated by the owner of the utility or other improvement which is indicated,the Contractor shall remove and, without unnecessary delay, temporarily replace or relocate such utility or improvement in a manner satisfactory to the Engineer and the owner of the facility. In all cases of such temporary removal or relocation,restoration to the former location shall be accomplished by the Contractor in a manner that will restore or replace the utility or improvement as nearly as possible to its former locations and to as good or better condition than found prior to removal. Clean Water Services 01530 Protection of Existing Facilities 4111 Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project . F. Owner's Right of Access: The right is reserved to the Owner and to the owners of public utilities and franchises to enter at any time upon any public street, alley,right-of-way, or easement for the purpose of making changes in their property made necessary by the Work of this Contract. G. Underground Utilities Indicated: Existing utility lines that are indicated or the locations of which are made known to the Contractor prior to excavation and that are to be retained, and all utility lines that are exposed or constructed during excavation operations shall be protected from damage during excavation and backfilling and, if damaged, shall be immediately repaired or replaced by the Contractor, unless otherwise repaired by the owner of the damaged utility. If the owner of the damaged facility performs its own repairs, the Contractor shall reimburse said owner for the costs of repair. H. Costs of locating and repairing damage not due to failure of the Contractor to exercise reasonable care, and removing or relocating such utilities not indicated or not indicated with reasonable accuracy in the Contract Documents, and for equipment on the Project which was actually working on that portion of the Work which was interrupted or idled by removal or relocation of such utilities, and which was necessarily idled during such work will be paid for as extra Work in accordance with the provisions of the Contract Documents. Approval of Repairs: All repairs to a damaged utility or improvement are • subject to inspection and approval by an authorized representative of the utility or improvement owner before being concealed by backfill or other work. J. Maintaining in Service: Unless indicated otherwise, oil and gasoline pipelines, power, and telephone or the communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines,poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct,main, irrigation line, sewer, storm drain,pole, or wire or cable. The Contractor shall be responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling. 1.04 LAWN AREAS A. Lawn and landscaped areas damaged during construction shall be repaired to match the pre-construction condition to the satisfaction of the Owner. • Clean Water Services 01530 Protection of Existing Facilities Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 1.05 NOTIFICATION BY THE CONTRACTOR • A. Prior to any excavation in the vicinity of any existing underground facilities, including all water, sewer, storm drain, gas, petroleum products, or other pipelines; all buried electric power, communications, or television cables; all traffic signal and street lighting facilities; and all roadway and state highway rights-of-way,the Contractor shall notify the respective authorities representing the owners or agencies responsible for such facilities not less than 2 days prior to excavation so that a representative of said owners or agencies can be present during such work if they so desire. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION • Clean Water Services 01530 Protection of Existing Facilities • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project . SECTION 01532 SITE CONDITIONS SURVEYS PART 1 GENERAL 1.01 THE REQUIREMENTS A. The Contractor shall conduct thorough preconstruction and post-construction Site conditions surveys of the entire Project in the company of the Owner and Engineer. Site conditions surveys shall consist of the following: 1. Photographs (.jpeg format) 2. Video (.mp4 format) 1.02 CONTRACTOR SUBMITTALS A. Photographs, video, and other data of the preconstruction conditions shall be submitted to the Engineer for record purposes prior to,but not more than 3 weeks before, commencement of any construction activities. B. A complete set of all photographs and survey data of the post-construction conditions shall be completed and submitted prior to final completion. • PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 PHOTOGRAPHS AND VIDEO RECORDINGS A. Contractor, as a minimum, shall document pre- and post-construction conditions by preparing videotape surveys of the following: 1. Roadways used to access the Work or haul materials and equipment around the Site. 2. Work areas, including actual work sites,materials processing and stockpiling areas, access corridors, and staging areas. 3. Any work completed by other contractors at the Site that will be connected to or otherwise affected by the Work. 4. Roads, curbs, driveways, sidewalks, and structures which might be affected by the Work. B. Photographs shall be digital .jpeg format. C. Video records shall be digital.mp4 format. END OF SECTION • Clean Water Services 01532 Site Conditions Surveys Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01555 SITE ACCESS AND STORAGE PART 1 GENERAL 1.01 HIGHWAY LIMITATIONS A. The Contractor shall make its own investigation of the condition of available public and private roads and of clearances, restrictions,bridge load limits, and other limitations affecting transportation and ingress and egress to the Site of the Work. It shall be the Contractor's responsibility to construct and maintain any haul roads required for its construction operations. 1.02 TEMPORARY CROSSINGS A. General: Continuous, unobstructed, safe, and adequate pedestrian and vehicular access shall be provided to fire hydrants, commercial and industrial establishments, churches, schools,parking lots, service stations,motels, fire and police stations, and hospitals. Safe and adequate public transportation stops and pedestrian crossings at intervals not exceeding 300 feet shall be provided. The Contractor shall cooperate with parties involved in the delivery of mail and removal of trash and garbage so as to maintain existing schedules for such services. Vehicular access to residential driveways shall be • maintained to the property line except when necessary construction precludes such access for reasonable periods of time. B. Temporary Bridges: Wherever necessary, to maintain vehicular crossings, the Contractor shall provide suitable temporary bridges or steel plates over unfilled excavations, except in such cases as the Contractor shall secure the written consent of the responsible individuals or authorities to omit such temporary bridges or steel plates, which written consent shall be delivered to the Engineer prior to excavation. All such bridges or steel plates shall be maintained in service until access is provided across the backfilled excavation. Temporary bridges or steel plates for street and highway crossing shall conform to the requirements of the authority having jurisdiction in each case, and the Contractor shall adopt designs furnished by said authority for such bridges or steel plates, or shall submit designs to said authority for approval, as may be required. C. Street Use: Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, alleyway, or parking area during the performance of the Work hereunder, and it shall conduct its operations to not interfere unnecessarily with the authorized work of utility companies or other agencies in such streets, alleyways, or parking areas.No street shall be closed to theublic without first st obtaining permission of the Engineer and proper governmental authority. Where excavation is being performed in primary • streets or highways, one lane in each direction shall be kept open to traffic at Clean Water Services 01555 Site Access and Storage Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project all times unless otherwise indicated. Toe boards shall be provided to retain excavated material if required by the Engineer or the agency having jurisdiction over the street or highway. Fire hydrants on or adjacent to the Work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to assure the use of sidewalks and the proper functioning of all gutters, storm drain inlets, and other drainage facilities. 1.03 CONTRACTOR'S WORK AND STORAGE AREAS A. The Owner will designate for the Contractor's use,portions of the Site for its exclusive use during the term of the Contract. B. Lands to be furnished by the Owner for storage, staging, construction operation,parking,roads and other purposes are indicated. Should the Contractor find it necessary to use any additional land for its operations or for other purposes during the construction of the Work, it shall arrange for the use of such lands at its own expense and convenience. C. The Contractor shall construct and use a separate storage area for hazardous materials used in constructing the Work. 1. For the purpose of this paragraph,hazardous materials to be stored in the separate area are all products labeled with any of the following terms: Warning, Caution, Poisonous, Toxic, Flammable, Corrosive, • Reactive, or Explosive. In addition, whether or not so labeled, the following materials shall be stored in the separate area: diesel fuel, gasoline,new and used motor oil, hydraulic fluid, cement,paints and paint thinners,two-part epoxy coatings, sealants, asphaltic products, glues, solvents, wood preservatives, sand blast materials, and spill absorbent. 2. Hazardous materials shall be stored in groupings according to the Material Safety Data Sheets. 3. The Contractor shall develop and submit to the Engineer a plan for storing and disposing of the materials above. 4. The Contractor shall obtain and submit to the Engineer a single EPA number for wastes generated at the Site. Also comply with Article Hazardous Waste Disposal in Section 01560, Temporary Environmental Controls. 5. The separate storage area shall meet all the requirements of all authorities having jurisdiction over the storage of hazardous materials. 6. All hazardous materials which are delivered in containers shall be stored in the original containers until use. Hazardous materials which are delivered in bulk shall be stored in containers which meet the requirements of authorities having jurisdiction. Clean Water Services 01555 Site Access and Storage • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • D. The Contractor shall construct and use a separate areas or constructed areas to complete the Work. The Contractor shall keep and maintain construction trailers on-site until Final Completion of the Project. 1.04 PARKING A. The Owner has designated a parking area for the Contractor and Subcontractors within the Work area in the Contract Documents. No parking on the Site roads or parking lots will be permitted. B. The Contractor shall maintain traffic and parking areas in a sound condition, free of excavated material, construction equipment, mud, and construction materials. The Contractor shall repair breaks,potholes, low areas which collect standing water, and other deficiencies. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION • • Clean Water Services 01555 Site Access and Storage Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01560 TEMPORARY ENVIRONMENTAL CONTROLS PART 1 GENERAL 1.01 DUST ABATEMENT A. The Contractor shall prevent its operation from producing dust in amounts causing a nuisance to persons living in or occupying buildings in the vicinity onsite. B. The Contractor shall provide its own source of water or other materials for dust abatement. C. The Contractor shall not use waste oil or other similar materials that may cause damage to the environment for dust abatement. D. The Contractor shall be responsible for any damage resulting from dust originating from its Work operations. This will include,but not limited to,the following: 1. Manufacturer's authorized representative cleaning of Electrical MCCs, Switchgear, and Control Panels. • 2. Manufacturer's authorized representative cleaning VFD's, harmonic filters, and PLC control panels. 3. Manufacturer's authorized representative cleaning turbo blower equipment and replacement of inlet filters. 4. Manufacturer's authorized representative cleaning electrical motors 5. Manufacturer's authorized representative replacement of HVAC filters E. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the Engineer. 1.02 RUBBISH CONTROL A. During the progress of the Work,the Contractor shall keep the Site and other areas used by it in a neat and clean condition, and free from any accumulation of rubbish. B. The Contractor shall dispose of all rubbish and waste materials of any nature occurring at the Site, and shall establish and maintain weekly intervals of collection and disposal of such materials and waste. C. The Contractor shall also keep plant roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations. Disposal of all rubbish and surplus materials shall be off the Site in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance • Clean Water Services 01560 Temporary Environmental Controls Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project with all applicable safety laws, and to the particular requirements of Part 1926 • of the OSHA Safety and Health Standards for Construction. D. Contractor shall not use Owner's dumpsters or other rubbish containers unless specifically authorized. 1.03 CHEMICALS A. All chemicals used during project construction or furnished for project operation, whether defoliant, soil sterilant,herbicide,pesticide, disinfectant, polymer,reactant or of other classification, shall show approval of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture. Use of all such chemicals and disposal of residues shall be in strict accordance with the printed instructions of the manufacturer. 1.04 HAZARDOUS WASTE DISPOSAL A. It is the goal of the Owner to maintain category"Conditionally Exempt, Small Quantity Generator"regarding generation of Hazardous Waste. The pounds of waste generated by Contractor during construction activities shall be charged against the Contractor's EPA ID number and not against the local site EPA ID number. This will require the Contractor to remove materials that meet Oregon's definition of Hazardous Waste from Owner's property as frequently as practical. Removal shall be done before consolidation, manifesting, or shipping of the waste,preferably by each workday's end. Recycling or proper 1111 disposal of such waste shall be the responsibility of the Contractor or its agent. 1.05 EXPLOSIVES AND BLASTING A. The use of explosives on the Work will not be permitted. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION Clean Water Services 01560 Temporary Environmental Controls Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • SECTION 01570 EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 THE REQUIREMENTS A. The purpose of erosion and sediment control is to improve water quality by reducing pollutants in stormwater discharges and soil erosion from the construction site. The Erosion and Sediment Control Plan(ESCP) detailed in the Contract Drawings represents the minimum control features to meet requirements of the Department of Environmental Quality 1200-C Permit. B. The Contractor shall provide all required erosion control barriers, complete and in place, in accordance with the Contract Documents,the 1200-C Permit requirements, and Chapter 6 of Clean Water Services' Design and Construction Standards (March 2017). C. The Contractor shall provide erosion protection including fertilizing, seeding, and mulching for all disturbed areas, including stockpiled berms in accordance with the Contract Documents. 1.02 CONTRACT DOCUMENT SUBMITTALS 11111 A. Contractor shall provide and identify an erosion control inspector and contact in an action plan to be submitted by the Owner. B. Upon award of Contract, Contractor shall assume all responsibilities for all sediment control and 1200-C Permit requirements. C. Submittals shall be in accordance with Section 01330, Submittal Procedures. PART 2 PRODUCTS 2.01 GENERAL A. Wattles—Clean Water Services' Standard Detail Drawing No 880. B. Catch Basin Filter Bag Insert—Clean Water Services' Standard Detail Drawing No 920. C. See Section 02370, Soil Stabilization. • Clean Water Services 01570 Erosion and Sediment Control Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project PART 3 EXECUTION • 3.01 INSTALLATION A. Install in accordance with Clean Water Services' Design and Construction Standards, Resolution and Order 17-05. END OF SECTION • Clean Water Services 01570 Erosion and Sediment Control • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • SECTION 01600 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 DEFINITIONS A. The word"Products," as used in the Contract Documents, is defined to include purchased items for incorporation into the Work,regardless of whether specifically purchased for the Project or taken from Contractor's stock of previously purchased products. The word"Materials" is defined as products which must be substantially cut, shaped, worked,mixed, finished, refined, or otherwise fabricated, processed, installed, or applied to form Work. The word"Equipment" is defined as products with operational parts, regardless of whether motorized or manually operated, and particularly including products with service connections (wiring, piping, and other like items). Definitions in this paragraph are not intended to negate the meaning of other terms used in the Contract Documents, including"specialties," "systems,""structure," "finishes," "accessories," "furnishings," special construction," and similar terms,which are self-explanatory and have recognized meanings in the construction industry. • B. Neither"Products"nor"Materials"nor"Equipment"includes machinery and equipment used for preparation, fabrication, conveying, and erection of the Work. 1.02 ANCHORAGE AND BRACING A. The design of nonstructural products, materials, and equipment to be incorporated into the Work shall comply with the design and performance requirements specified in Section 01611, Meteorological and Seismic Design Criteria. 1.03 QUALITY ASSURANCE A. Source Limitations: To the greatest extent possible for each unit of Work, the Contractor shall provide products, materials, and equipment of a singular generic kind from a single source. B. Compatibility of Options: Where more than one choice is available as options for Contractor's selection of a product, material, or equipment,the Contractor shall select an option which is compatible with other products,materials, or equipment. Compatibility is a basic general requirement of product, material and equipment selections. • Clean Water Services 01600 Product Requirements Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 1.04 PRODUCT DELIVERY AND STORAGE • A. The Contractor shall deliver and store the Work in accordance with manufacturer's written recommendations and by methods and means which will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Site and overcrowding of construction spaces. In particular, the Contractor shall ensure coordination to ensure minimum holding or storage times for flammable,hazardous, easily damaged, or sensitive materials to deterioration, theft, and other sources of loss. 1.05 TRANSPORTATION AND HANDLING A. Products shall be transported by methods to avoid damage and shall be delivered in undamaged condition in manufacturer's unopened containers and packaging. B. The Contractor shall provide equipment and personnel to handle products, materials, and equipment by methods to prevent soiling and damage. C. The Contractor shall provide additional protection during handling to prevent marring and otherwise damaging products,packaging, and surrounding surfaces. 1.06 STORAGE AND PROTECTION • A. Products shall be stored in accordance with manufacturer's written instructions and with seals and labels intact and legible. Sensitive products shall be stored in weather-tight climate controlled enclosures and temperature and humidity ranges shall be maintained within tolerances required by manufacturer's recommendations. B. For exterior storage of fabricated products,products shall be placed on sloped supports above ground. Products subject to deterioration shall be covered with impervious sheet covering and ventilation shall be provided to avoid condensation. C. Loose granular materials shall be stored on solid flat surfaces in a well-drained area and shall be prevented from mixing with foreign matter. D. Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are continuously maintained under required conditions. E. Storage shall be arranged in a manner to provide access for maintenance of stored items and for inspection. Clean Water Services 01600 Product Requirements • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • 1.07 MAINTENANCE OF PRODUCTS IN STORAGE A. Stored products shall be periodically inspected on a scheduled basis. The Contractor shall maintain a log of inspections and shall make the log available on request. B. The Contractor shall comply with manufacturer's product storage requirements and recommendations. C. The Contractor shall maintain manufacturer-required environmental conditions continuously. This may require energizing panel and motor heaters or periodic rotation of gear train or motors. Contractor shall comply with maintenance intervals and provide power and conductors as required. D. The Contractor shall ensure that surfaces of products exposed to the elements are not adversely affected and that weathering of finishes does not occur. E. For mechanical and electrical equipment,the Contractor shall provide a copy of the manufacturer's service instructions with each item and the exterior of the package shall contain notice that instructions are included. F. Products shall be serviced on a regularly scheduled basis, and a log of services shall be maintained and submitted as a record document prior to final acceptance by the Owner in accordance with the Contract Documents. • 1.08 PROPOSED SUBSTITUTIONS A. The procedure for review by the Engineer as set forth in Section 7.02 of the General Conditions will include the following: 1. If the Contractor wishes to provide a substitution item,the Contractor shall make written application to the Engineer on the "Substitution Request Form." 2. Unless otherwise provided by law or authorized in writing by the Engineer, the "Substitution Request Form(s)" shall be submitted within a 35-day period after Notice to Proceed. 3. Wherever a proposed substitution item has not been submitted within said 35-day period, or wherever the submission of a proposed substitution material or equipment has been judged to be unacceptable by the Engineer,the Contractor shall provide the material or equipment indicated in the Contract Documents. 4. The Contractor shall certify by signing the form that the list of paragraphs on the form are correct for the proposed substitution. 411/ Clean Water Services 01600 Product Requirements Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project PART 2 PRODUCTS (NOT USED) • PART 3 EXECUTION (NOT USED) END OF SECTION • Clean Water Services 01600 Product Requirements • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • Section 01610 GENERAL EQUIPMENT STIPULATIONS 1. SCOPE. When an equipment specification section in this Contract references this section, the equipment shall conform to the general stipulations set forth in this section, except as otherwise specified in other sections. 2. COORDINATION. Contractor shall coordinate all details of the equipment with other related parts of the Work, including verification that all structures, piping, wiring, and equipment components are compatible. Contractor shall be responsible for all structural and other alterations in the Work required to accommodate equipment differing in dimensions or other characteristics from that contemplated in the Drawings or Specifications. 3. MANUFACTURER'S EXPERIENCE. Unless specifically named in the Specifications, a manufacturer shall have furnished equipment of the type and size specified which has been in successful operation for not less than the past 5 years. 4. WORKMANSHIP AND MATERIALS. Contractor shall guarantee all equipment against faulty or inadequate design, improper assembly or erection, defective workmanship or materials, and leakage, breakage, or other failure. Materials shall be suitable for service conditions. All equipment shall be designed, fabricated, and assembled in accordance with recognized and acceptable engineering and shop practice. Individual parts shall be manufactured to standard sizes and thicknesses so that repair parts, furnished at any time, can be installed in the field. Like parts of duplicate units shall be interchangeable. Equipment shall not have been in service at any time prior to delivery, except as required by tests. Except where otherwise specified, structural and miscellaneous fabricated steel used in equipment shall conform to AISC standards. All structural members shall be designed for shock or vibratory loads. Unless otherwise specified, all steel which will be submerged, all or in part, during normal operation of the equipment shall be at least 1/4 inch thick. When dissimilar metal components are used, consideration shall be given to prevention of galvanic corrosion. 5. STRUCTURAL DESIGN REQUIREMENTS. All equipment, including non- structural components and non-building structures as defined in ASCE 7, and their anchorage, shall be designed and detailed in accordance with the Meteorological and Seismic Design Criteria section. 1111 Clean Water Services 01610 General Equipment Stipulations Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 6. LUBRICATION. Equipment shall be adequately lubricated by systems which • require attention no more frequently than weekly during continuous operation. Lubrication systems shall not require attention during startup or shutdown and shall not waste lubricants. Lubricants of the types recommended by the equipment manufacturer shall be provided in sufficient quantities to fill all lubricant reservoirs and to replace all consumption during testing, startup, and operation prior to acceptance of equipment by Owner. Lubricants for equipment where the lubricants may come in contact with water before or during a potable water treatment process or with potable water, shall be food grade lubricants. This includes lubricants for equipment not normally in contact with water, but where accidental leakage of the lubricants may contaminate the water. Lubrication facilities shall be convenient and accessible. Oil drains and fill openings shall be easily accessible from the normal operating area or platform. Drains shall allow for convenient collection of waste oil in containers from the normal operating area or platform without removing the unit from its normal installed position. 7. ELEVATION. The elevation of the site shall be as indicated in the Meteorological and Seismic Design Criteria section. All equipment furnished shall be designed to meet stipulated conditions and to operate satisfactorily at • the specified elevation. 8. ELECTRIC MOTORS. Unless otherwise specified, motors furnished with equipment shall meet the requirements specified in Common Motor Requirements for Process Equipment section or specified in specific equipment sections. 9. DRIVE UNITS. The nominal input horsepower rating of each gear or speed reducer shall be at least equal to the nameplate horsepower of the drive motor. Drive units shall be designed for 24 hour continuous service. 9.01. Gearmotors. The use of gearmotors sharing an integral housing or cutgears into the motor output shaft, or that require removal of lubricant from the gear reducer to change out the motor will not be acceptable. 9.02. Gear Reducers. Each gear reducer shall be a totally enclosed unit with oil or grease lubricated, rolling element, antifriction bearings throughout. Unless superseded by individual specification requirements each helical, spiral bevel, combination bevel-helical, and worm gear reducers shall have a service factor of at least 1.50 based on the nameplate horsepower of the drive motor. Cycloidal gear reducers shall have a service factor of at least 2.0 based on the nameplate horsepower of the drive motor. Shaft-mounted and flange-mounted • Clean Water Services 01610 General Equipment Stipulations Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • gear reducers shall be rated AGMA Class III. Helical gear reducers shall have a gear strength rating to catalog rating of 1.5. Each gear reducer shall be designed and manufactured in compliance with applicable most current AGMA standards, except the L10 bearing life shall be 200,000 hours. The thermal horsepower rating of each unit shall equal or exceed the nameplate horsepower of the drive motor. During continuous operation, the maximum sump oil temperature shall not rise more than 100°F above the ambient air temperature in the vicinity of the unit and shall not exceed 200°F. Each grease lubricated bearing shall be installed in a bearing housing designed to facilitate periodic regreasing of the bearing by means of a manually operated grease gun. Each bearing housing shall be designed to evenly distribute new grease, to properly dispose of old grease, and to prevent overgreasing of the bearing. The use of permanently sealed, grease lubricated bearings will not be acceptable in large sized reducers. In small reducers, similar to basin equipment, permanently sealed grease lubricated bearings rated L10 200,000 hour life may be provided at the manufacturer's option. An internal or external oil pump and appurtenances shall be provided if required to properly lubricate oil lubricated bearings. A dipstick or a sight glass arranged to permit visual inspection of lubricant level shall be provided on each unit. Gear reducers which require the removal of parts or the periodic disassembly of • the unit for cleaning and manual regreasing of bearings will not be acceptable. Certification shall be furnished by the gear reducer manufacturer indicating that the intended application of each unit has been reviewed in detail by the manufacturer and that the unit provided is fully compatible with the conditions of installation and service. 9.03. Adiustable Speed Drives. Each mechanical adjustable speed drive shall have a service factor of at least 1.75 at maximum speed based on the nameplate horsepower of the drive motor. A spare belt shall be provided with each adjustable speed drive unit employing a belt for speed change. Unless specifically permitted by the detailed equipment specifications, bracket type mounting will not be acceptable for variable speed drives. 9.04. V-Belt Drives. Each V-belt drive shall include a sliding base or other suitable tension adjustment. V-belt drives shall have a service factor of at least 1.75 at maximum speed based on the nameplate horsepower of the drive motor. 10. SAFETY GUARDS. All belt or chain drives, fan blades, couplings, and other moving or rotating parts shall be covered on all sides by a safety guard. Safety guards shall be fabricated from 16 USS gage thick or thicker galvanized, aluminum-clad sheet steel, or stainless sheet steel or from 1/2 inch mesh galvanized expanded metal, or pultrusion molded UV resistant materials. Each • Clean Water Services 01610 General Equipment Stipulations Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project safety guard shall be reinforced or shaped to provide suitable strength to prevent 410 vibration and deflection and shall comply with OSHA. Each guard shall be designed for easy installation and removal. All necessary supports and accessories shall be provided for each guard. Supports and accessories, including bolts, shall be galvanized. All safety guards in outdoor locations shall be designed to prevent the entrance of rain and dripping water. 11. ANCHOR BOLTS. Equipment suppliers shall furnish suitable anchor bolts for each item of equipment. Anchor bolts, together with templates or setting drawings, shall be delivered sufficiently early to permit setting the anchor bolts when the structural concrete is placed. Anchor bolt materials shall comply with the Anchorage in Concrete and Masonry section, and sleeves shall be provided as indicated on the drawings. Unless otherwise specified, anchor bolts shall be at least 3/4 inch in diameter. Unless otherwise indicated or specified, anchor bolts for items of equipment mounted on baseplates shall be long enough to permit 1-1/2 inches of grout beneath the baseplate and to provide adequate anchorage into structural concrete. 12. EQUIPMENT BASES. Unless otherwise indicated or specified, all equipment shall be installed on concrete bases at least 6 inches high. Cast iron or welded steel baseplates shall be provided for pumps, compressors, and other equipment. Each unit and its drive assembly shall be supported on a single • baseplate of neat design. Baseplates shall have pads for anchoring all components, and adequate grout holes. Baseplates for pumps shall have a means for collecting leakage and a threaded drain connection. Baseplates shall be anchored to the concrete base with suitable anchor bolts and the space beneath filled with grout as specified in the Grouting section. 13. SPECIAL TOOLS AND ACCESSORIES. Equipment requiring periodic repair and adjustment shall be furnished complete with all special tools, instruments, and accessories required for proper maintenance. Equipment requiring special devices for lifting or handling shall be furnished complete with those devices. 14. SHOP PAINTING. All iron and steel surfaces of the equipment shall be protected with suitable protective coatings applied in the shop. Surfaces of the equipment that will be inaccessible after assembly shall be protected for the life of the equipment. Coatings shall be suitable for the environment where the equipment is installed. Exposed surfaces shall be finished, thoroughly cleaned, and filled as necessary to provide a smooth, uniform base for painting. Electric motors, speed reducers, starters, and other self-contained or enclosed components shall be shop primed or finished with an epoxy or polyurethane enamel or universal type primer suitable for top coating in the field with a universal primer and aliphatic polyurethane system. Clean Water Services 01610 General Equipment Stipulations • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • Surfaces to be coated after installation shall be prepared for painting as recommended by the paint manufacturer for the intended service, and then shop painted with one or more coats of a universal primer. Machined, polished, and nonferrous surfaces which are not to be painted shall be coated with rust-preventive compound as recommended by the equipment manufacturer. 15. PREPARATION FOR SHIPMENT. Equipment shall be prepared for shipment as specified in the Product Delivery Requirements section. 16. STORAGE. Handling and storage of equipment shall be as specified in the Product Storage and Handling Requirements section. 17. INSTALLATION AND OPERATION. Installation and operation shall be as specified in respective equipment sections and the Startup Requirements section. 18. OBSERVATION OF PERFORMANCE TESTS. Where the Specifications require the presence of Engineer, initial tests shall be observed or witnessed by Engineer. Owner shall be reimbursed by Contractor for all costs of subsequent visits by Engineer to witness or observe incomplete tests, retesting, or subsequent tests. • 19. PROGRAMMING SOFTWARE. Programming software shall be provided for any equipment which includes a programmable logic controller (PLC) or other digital controller that is user-programmable. The software shall be suitable for loading and running on a laptop personal computer operating with a Windows- based operating system. A copy of the manufacturer's original operating logic program shall be provided for use in maintaining and troubleshooting the equipment. Where multiple pieces of equipment, from the same or different vendors, use the same programming software, only one copy of the software need be provided. 20. WARRANTY. Unless specified otherwise in the individual equipment specification sections, all equipment shall be furnished with the manufacturer's standard warranty. End of Section • Clean 01610 General Equipment Stipulations Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • 0 Section 01611 METEOROLOGICAL AND SEISMIC DESIGN CRITERIA A. SCOPE. Buildings, non-structural components and non-building structures shall be designed in accordance with this section. In the event of conflict with requirements in other sections, the more stringent criteria shall be followed. 2. DESIGN CRITERIA. Structures and process non-structural components in this contract are required to function after design earthquake and shall be designed to Oregon Building Code Risk Category IV Essential Facility requirements. All accessories required to operate the treatment process shall also function after design earthquake. Non-structural components, including anchorage of such items, shall be designed in accordance with the following criteria: GENERAL DESIGN DATA: Building code and references 2014 Oregon Structural Specialty Code. The "Oregon Resilience Plan -Water & Wastewater Systems", Feb 2013. IBC 2012. III ASCE 7-10 "Minimum Design Loads for Buildings and Other Structures". AISC 360 "Specification for Structural Steel Buildings". AISC 341 "Seismic Provisions for Structural Steel Buildings". NFPA 13, "Standard for the Installation of Sprinkler Systems". Approximate site elevation, 160.00 ft above mean sea level Groundwater elevation 129.00 ft WIND DESIGN DATA: Ultimate design wind speed, 130 mph Vult Exposure category C Risk Category IV Building enclosure Partially Enclosed classification IIIClean Water Services 01611 Meteorological and Seismic Durham AWWTF Secondary -1- Design Criteria Treatment System Expansion Project March 2018 SNOW DESIGN DATA: Ground snow load, Pg 20 psf Importance factor (snow 1.2 loads), I Exposure factor (Ce) 1.0 Thermal factor (Ct) 1.1 SEISMIC DESIGN DATA: Mapped MCE short period 0.961 g spectral response acceleration, SS Mapped MCE one second 0.419 g period spectral response acceleration, Si Design short period spectral 0.715 g response acceleration, SDS Design one second period 0.441 g spectral response acceleration, SD1 Risk Category IV • Electrical Room Importance 1.50 factor, Electrical Room Seismic D Design Category Non-Structural Components As indicated in the Non-Structural Importance factors,Ip Component Schedule Non-Structural Components D Seismic Design Category Operational loads shall include equipment vibration, torque, thermal effects, effects of internal contents (weight and sloshing), water hammer, and other load- inducing conditions. 3. WIND ANCHORAGE. Equipment that is to be located outdoors shall have anchor bolts designed for the effects of wind forces, as determined in accordance with ASCE 7, Chapters 26-31. Design of anchorage into concrete shall be in accordance with ACI 318 Appendix D, shall consider concrete to be cracked, and shall not include the strengthening effects of supplementary reinforcement or anchor reinforcement unless approved by Engineer. Design of anchorage into masonry shall be in accordance with ACI 530. Post-installed anchors into concrete or masonry may be used only when approved by Engineer, and shall be • Clean Water Services 01611 Meteorological and Seismic Durham AWWTF Secondary -2- Design Criteria Treatment System Expansion Project March 2018 • designed in accordance with the anchor manufacturer's research report. Shop drawings shall include full anchor bolt details, and shall be sealed by a professional engineer licensed in the State of Oregon. Calculations shall be furnished when requested by Engineer. 4. SEISMIC DESIGN. 4-1. General. Structural systems shall provide continuous load paths, with adequate strength and stiffness to transfer all seismic forces from the point of application to the point of final resistance. Authority Having Jurisdiction (AHJ) (City of Tigard): Permitting building agency; may be a federal, state, local, or other regional department, or individual including building official, fire chief, fire marshal, chief of a fire prevention bureau, labor department, or health department, electrical inspector; or others having statutory authority. AHJ (City of Tigard) may be Owner when authorized to be self-permitting by governmental permitting agency or when no governmental agency has authority. 4-2. Non-Structural Components. Non-structural components are architectural, mechanical, and electrical items that are permanently attached to and supported by a structure but are not part of the structural system, as indicated in Chapter 13 of ASCE 7. The Non-Structural Components Schedule identifies the components • that require seismic design. The requirements of this paragraph are applicable only to the items listed in the Non-Structural Components Schedule. 4-2.01. General. Design of non-structural components shall be in accordance with all applicable provisions of ASCE 7, Chapter 13. "WP" shall include the total operating weight of the component or system, including, but not limited to, any insulation, fluids, and concentrated loads such as valves, condensate traps, and similar components. 4-2.02. Anchorage Design. Every component in the Non-Structural Components Schedule shall have its anchorage to the supporting structure designed in accordance with ASCE 7, Chapter 13. Design of anchorage into concrete shall be in accordance with ACI 318 Appendix D, shall consider concrete to be cracked, and shall not include the strengthening effects of supplementary reinforcement or anchor reinforcement unless approved by Engineer & AHJ. Design of anchorage to concrete shall also include the overstrength factors indicated in ASCE 7, Tables 13.5-1 and 13.6-1. Design of anchorage into masonry shall be in accordance with ACI 530. Post-installed anchors into concrete or masonry may be used only when approved by Engineer & AHJ, and shall be designed in accordance with the anchor manufacturer's research report. • Clean Water Services 01611 Meteorological and Seismic Durham AWWTF Secondary -3- Design Criteria Treatment System Expansion Project March 2018 Components shall be attached so that seismic forces are transferred to the • structural system. Powder-actuated fasteners or sleeve anchors are not permitted for seismic attachments and anchorage. Expansion anchors, other than undercut anchors are also not permitted for nonvibration isolated mechanical equipment rated over 10 horsepower. Curbs that support roof-mounted equipment shall be designed to transfer forces from the equipment into the main structural roof members. All structural attachments shall be bolted, welded, or otherwise positively fastened. Frictional resistance due to gravity shall not be considered in evaluating the required resistance to seismic forces. The Contractor shall structurally design and provide supplementary framing where required to transfer anchorage and bracing loads to structure. Equipment pad sizes shall be adjusted for design anchor rod edge distances. 4-2.03. Component Design. Components indicated in the Non-Structural Components Schedule to require design of the component itself, as opposed to an anchorage design alone, shall be designed in accordance with ASCE 7, Chapter 13. Components shall have sufficient strength and ductility to resist the specified seismic effects, and shall meet all of the design, proportioning, detailing, inspection, and quality assurance provisions of the specified building code and other referenced codes. Overall seismic anchorage system shall provide • restraint in all directions, including vertical, for each component or system so anchored. Components associated with an importance factor of 1.5 shall be designed to be operable following a design level seismic event without collapsing, breaking away from supports, creating an ignition hazard, or releasing any contents. Anchor tall and narrow equipments adjacent to walls such as motor control centers and telemetry equipment at base and within 12 inches from top of equipment, unless approved otherwise by Engineer. Secondary Clarifier: After the design seismic event, permanent in-elastic displacements are not permitted on Clarifier process components. In order to remain elastic during seismic events, the component response modification factor Rp, as defined in ASCE 7-10 section 13.3.1 shall be 1.0, on clarifier process components and anchorage design. Omega factor (0) shall be 1.0 for loading conditions that use Rp = 1.0, ap factor shall be as shown in Tables 13.5-1 and 13.6-1. Clarifier rotating mechanism and center column shall have adjustable plumbness mechanism, for adjustments after major earthquakes. The clarifier anchorage shall be adjustable for a foundation rotation of 1.5 degrees from the horizontal plane. Mixers: On Basin mixers supported on upper level walkways and at Operating level slabs, maximum lateral displacement shall not exceed H/200. Permanent displacements after design earthquakes are not permitted. Clean Water Services 01611 Meteorological and Seismic • Durham AWWTF Secondary -4- Design Criteria Treatment System Expansion Project March 2018 • HVAC duct support: HVAC duct support shall conform to SMACNA Seismic Restraint Manual. Fire protection sprinkler systems designed and constructed in accordance with NFPA 13 shall be considered to meet requirements of Chapter 13 of ASCE 7. Support drawings and calculations for electrical distribution components (conduits, bus duct, cable tray, trapeze assemblies, unistrut or similar supports, structural Tee stanchions or frames etc.) shall be provided. Seismic effects that shall be analyzed in the design of piping systems include the dynamic effects of the piping system, contents, and supports. The interaction between piping systems and the supporting structures, including other mechanical and electrical equipment, shall also be considered. Where pipe supports are to be designed by Contractor, as required by the Pipe Supports section, both the piping and support systems shall be designed to meet the applicable requirements of ASCE 7, Chapter 13. To control deformation of the pipes after major earthquakes, component response modification factor Rp, as defined in ASCE 7-10 section 13.3.1 shall not exceed 4.5. 4-2.04. Submerged Components. Components that are to be submerged in water shall be designed to withstand loads from the effects of water sloshing during the seismic event. The calculation of the sloshing effects shall be in • accordance with the latest edition of ACI 350.3. 4-2.05. Seismic Certification. Design of components and their anchorage shall be certified by one of the following methods: 1. Analysis and design by a design professional registered in the State of Oregon. 2. Experience data, based upon nationally recognized procedures acceptable to the authority having jurisdiction. Components indicated in the Non-Structural Components Schedule to require special seismic certification shall be certified by methods above, except that certification for containment of hazardous materials may be by any of the three methods listed in IBC. 4-2.06. Construction Documents. Construction documents (fabrication or shop drawings) of non-structural components shall be sealed by a design professional that is registered in the State of Oregon. Documents shall be sealed whether the basis for certification is analysis and design or experience data. The sealing method shall clearly indicate that the anchorage system, and the component itself when applicable, have been designed for the code required seismic forces. • Clean Water Services 01611 Meteorological and Seismic Durham AWWTF Secondary -5- Design Criteria Treatment System Expansion Project March 2018 4-2.07. Submittals. • A. Action Submittals (Shop Drawings): 1. List of architectural, mechanical, and electrical equipment requiring Contractor-designed anchorage and bracing, unless specifically exempted. 2. Manufacturers' engineered seismic hardware product data. 3. Seismic attachment assemblies' drawings; include connection hardware, braces, and anchors or anchor bolts for nonexempt components, equipment, and systems. 4. List of existing architectural, mechanical, and electrical equipment or components to be modified in Project requiring Contractor- designed anchorage and bracing in final retrofitted condition. 5. Seismic attachment assemblies' drawings; include connection hardware, braces, and anchors or anchor bolts for modified, nonexempt existing components, equipment, and systems where combination of new and existing systems or components' final condition would require anchorage or bracing under this Specification for new equipment. 6. Manufacturer's hardware installation requirements. • 7. Submittal will be rejected if proposed anchorage method would create an overstressed condition of supporting member. Revise anchorages and strengthening of structural support so there is no overstressed condition. B. Deferred Submittals: 1. Submitted seismic anchorage drawings and calculations are identified as IBC deferred submittals and will be submitted to and accepted by AHJ prior to installation of component, equipment or distribution system. 2. Submit deferred action submittals such as shop drawings with supporting deferred informational submittals such as calculations no less than 4 weeks in advance of installation of component, equipment or distribution system to be anchored to structure. The construction documents, structural design calculations, and experience data certification, as applicable, shall also be submitted in accordance with the Submittal Procedures section. Clean Water Services 01611 Meteorological and Seismic 411 Durham AWWTF Secondary -6- Design Criteria Treatment System Expansion Project March 2018 • 4.2.08 Source Quality Control: A. Contractor and supplier responsibilities to accommodate Owner-furnished shop fabrication related special inspections and testing are provided in Project's Statement of Special Inspections on Drawings and Section 01455, Special Inspection, Observation, and Testing. B. All other specified, regulatory required, or repair verification inspection and testing that are not listed in Statement of Special Inspections, are to be provided by Contractor and shall meet requirements of Section 01450, Quality Control. C. Source Quality Control shall be in accordance with Section 05520, Metal Fabrications. 4.2.09 Field Quality Control: A. In accordance with Section 05520, Metal Fabrications. B. Contractor responsibilities to accommodate Owner-furnished special inspections and testing are provided in Project's Statement of Special Inspections on Drawings and Section 01455, Special Inspection, Observation, and Testing. C. Any other specified, regulatory required, or repair verification • inspection and testing that are not listed in Statement of Special Inspections, are to be provided by Contractor and shall meet requirements of Section 01450, Quality Control. 4.2.10 Installation: A. Do not install components or their anchorages or restraints prior to review and acceptance by Engineer and AHJ. B. Notify Engineer upon completion of installation of seismic restraints in accordance with Section 01455, Special Inspection, Observation, and Testing. End of Section • Clean Water Services 01611 Meteorological and Seismic Durham AWWTF Secondary -7- Design Criteria Treatment System Expansion Project March 2018 • This Page Intentionally Blank • • • • • Non-Structural Components Schedule Component Applicable Importance Special Seismic Specification Factor (lp) Compone Certification Section nt Design Required Required Mixers (Anaerobic, Anoxic and Deoxic zones) 11520 1.5 Pumps (MLR, NRD, Drainage, WAS, RAS and Scum) 11115, 1.5 11121, 11154, 11160 Clarifier drive mechanism 11410 1.5 Piping, in line components and supports 1.5 Electrical panels, cable trays and its supports 1.5 l&C panels, cable trays and its supports 1.5 HVAC Equipment 1.5 HVAC ductwork and its supports 1.5 Odor control equipment 1.0 Roof bar joist 1.5 Architectural wall and roof panels 1.5 Note: Some specification sections listed in the Non-Structural Components Schedule cover multiple items. Within those sections, some components may be exempt from seismic design based on their weight and/or their height above the floor. Reference ASCE 7, Paragraph 13.1.4 for specific conditions of the exemptions. Some ductwork and piping systems may also be exempt from seismic design based on criteria in their respective paragraphs in ASCE 7, Chapter 13. Clean Water Services 01611-S01 Meteorological and Seismic Durham AWWTF Secondary -1- Design Criteria- Schedule Treatment System Expansion Project March 2018 • This Page Intentionally Blank • • . Section 01630 PIPELINE SCHEDULE 1. SCOPE. This section consists of a schedule of 4 inch and larger pipelines indicating the type of pipe to be used. Pipe materials, installation, testing, and disinfection, when specified, are covered in other sections. Piping smaller than 4 inches is covered in the various miscellaneous piping sections. Piping for plumbing, heating and air conditioning systems is covered in other sections. Piping to be furnished with equipment is covered in the applicable equipment section. 2. ALTERNATIVE PIPE TYPES. Where more than one type of pipe is indicated in the schedule, the type of pipe material to be installed may be selected by Contractor. The details on the drawings cover only one type of pipe for each line. If a different material is selected by Contractor, all details of connections, jointing, wall fittings, support, anchorage, and harnesses shall be modified as necessary to produce an equivalent design acceptable to Engineer. 3. WALL FITTINGS. A wall pipe or sleeve will be required for all pipe passing through concrete or masonry block walls. Wall fittings and sleeves shall be as IIIindicated on the drawings and as specified in the applicable piping section. 4. SCHEDULE INDEX. Pipe material abbreviations and their applicable specification section number are as indicated: Abbreviation Pipe Material Section No. CI Cast iron soil pipe 15069 CPVC CPVC 15067 CS Miscellaneous steel pipe 15065 CSG Galvanized steel pipe 15065 CU Copper tubing 15070 DIP Ductile iron pipe 15061 PVC PVC 15067 SP Steel pipe 15065 SS Stainless steel pipe 15064 • Clean Water Services 01630 Pipeline Schedule Durham AWWTF Secondary March 2018 Treatment System Expansion Project -1- 5. SCHEDULE. Pipe materials shall conform to Schedule 01630-S01. All • pipelines indicated on the drawings and all pipelines required for proper operation of the equipment furnished shall be provided whether listed in the schedule or not. End of Section • • Clean Water Services 01630 Pipeline Schedule Durham AWWTF Secondary March 2018 Treatment System Expansion Project -2- • Schedule 01630-S01 Pipeline Schedule Section 02628, PVC Sewer Pipe Inside Min Service Diameter Location Area Alt Pipe ANSI/ Lining Test Pressure Material AWWA Material (psi) (in.) Class PD, SD, SS ALL B Y DIP, CI - - See Section 01655, Gravity Pipeline Testing for testing requirements Section 15061, Ductile Iron Pipe Inside Min Service Diameter Location Area Alt Pipe ANSI/ Lining Test Pressure Material AWWA Material (psi) (in.) Class AB4/D, AB5/D, ALL B Y - 150 CE 30 SC5/D, AB6/D, SC6/D, AB7/D ML 48 B Y - 150 Cement 30 NPW 6 B, El Y, T - 150 Cement 150 NRD 8 El, S T - 150 Cement 150 III PD 10 B, El T, Y - 150 Cement 150 CE 150 RAS 18, 24 B, EI Y, T 150 RAST 18 El T - 150 CE 150 SSC 6 B, EO Y - 150 Glass 15 SE 48 B Y - 150 CE 15 WAS 8 El, B T - 150 CE 150 VFAD 4, 6 El T - 150 CE 150 Section 15065, Miscellaneous Steel Pipe, Tubing and Accessories Inside Min Test Service Diameter Location Area Alt Pipe ANSI/ Lining Pressure (in.) Material AWWA Material (psi) Class HPA ALL El T - - - 200 HWS/HWR ALL El T Steel - - 100 C ALL EO Y Galvanized - - - Steel LPA 30,36 B Y - 150 CE 15 Section 15064, Stainless Steel Pipe, Tubing, and Accessories Inside Min Test Service Diameter Location Area Alt Pipe ANSI/ Lining Pressure Material AWWA Material m. (psi) ) Class LPA All S, EO AB - - - 15 • FAD ALL B, EO AB, Y - - - 15 Clean Water Services 01630-S01 Pipeline Schedule Durham AWWTF Secondary March 2018 Treatment System Expansion Project -1- Section 15067, Miscellaneous Plastic Pipe, Tubing, and Accessories • Inside Min Test Service Diameter Location Area Pipe ANSI/ Lining Pressure (in.) Material AWWA Material (psi) Class FDR—AB, clarifier 6 B Y PVC - - N/A underdrain (perforated) Section 15069, Cast Iron Soil Pipe Min Inside Test Service Diameter Location Area Pipe ANSI/ Lining Pr ssure (in.) Material AWWA Material (psi) Class SAN ALL El, EO, B T, Y CISP - - See Section 01655, Gravity Pipeline Testing for testing requirements V ALL El, EO, B T, Y CISP - - - Section 15070, Copper Tubing and Accessories Inside Min Test Service Diameter Location Area Alt Pipe ANSI/ Lining Pressure (in.) Material AWWA Material (psi) Class • PW All El T - - - 150 Service Abbreviations AB4/D = Aeration Basin No. 4 AB5/D =Aeration Basin No. 5 AB6/D = Aeration Basin No. 6 Drain Drain Drain AB7/D =Aeration Basin No. 7 SC5/D = Secondary Clarifier No. SC6/D = Secondary Clarifier No. Drain 5 Drain 6 Drain RAS = Return Activated Sludge RAST = RAS Transfer UDR = Underdrain FAD = Foul Air PW = Potable Water WAS = Waste Activated Sludge SE = Secondary Effluent HWS/HWR= Hot Water NPW = Non-Potable Water ML = Mixed Liquor HPA = High Pressure NRD = Nitrogen Recycle PD = Plant Drain SCUM = Secondary Scum VFAD = Volatile Fatty Acid HYPO = Sodium Hypo. C = Condensate Drainage SW = Seal Water PD = Sump Pump Discharge SAN = Sanitary Drainage V = Sanitary Vent SD = Storm Drain SS = Storm Sewer Location Abbreviations S - Submerged El — Exposed Indoor EO — Exposed Outdoor B — Buried AB—Aeration Basin Area Abbreviations T—Tunnel Y-Yard End of Schedule Clean Water Services 01630-S01 Pipeline Schedule • Durham AWWTF Secondary March 2018 Treatment System Expansion Project -2- SECTION 01640 110 MANUFACTURERS' SERVICES PART 1 GENERAL 1.01 DEFINITIONS A. Person-Day: One person for 8 hours within regular Contractor working hours. 1.02 SUBMITTALS A. Informational Submittals: 1. Training Schedule: Submit with Schedule of Values. 2. Lesson Plan: Submit with Equipment Submittals. 3. Trainer's Qualifications: Submit, with lesson plan,the resume of manufacturers training representative demonstrating compliance with the experience requirements of these Specifications. 1.03 QUALIFICATION OF MANUFACTURER'S REPRESENTATIVE A. Authorized representative of the manufacturer, factory trained, and experienced in the technical applications, installation, operation, and maintenance of respective equipment,subsystem, or system, with full • authority by the equipment manufacturer to issue the certifications required of the manufacturer. Additional qualifications may be specified elsewhere. B. Representative subject to acceptance by Owner and Engineer.No substitute representatives will be allowed unless prior written approval by such has been given. 1.04 EQUIPMENT REQUIRING MANUFACTURER'S SERVICES A. The following equipment requires manufacturer's services. This list may not be all-inclusive, and in no way relieves the Contractor or manufacturers of their duties required elsewhere in these Contract Documents. Training days may be separated by multiple trips as required by Owner. 1. Aeration Control Valves and Actuators 2. Aeration Diffusers 3. Vertical Mixers 4. Axial Flow Pumps 5. End Suction Centrifugal Pumps 6. Clarifier Equipment 7. Motor Control Centers • Clean Water Services 01640 Manufacturers' Services Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 8. Instrumentation and Control Systems. • 1.05 EQUIPMENT REQUIRING TRAINING A. The following equipment requires manufacturer's training. This list may not be all-inclusive, and in no way relieves the Contractor or manufacturers of their duties required elsewhere in these Contract Documents. 1. Aeration Control Valves and Actuators 2. Aeration Diffusers 3. Vertical Mixers 4. Axial Flow Pumps 5. End Suction Centrifugal Pumps 6. Clarifier Equipment 7. Motor Control Centers 8. Instrumentation and Control Systems. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 FULFILLMENT OF SPECIFIED MINIMUM SERVICES A. Furnish manufacturers' services when required by an individual specification section, to meet the requirements of this Section and Section 01756, Testing, Training, and Facility Startup. 410 B. Where time is necessary in excess of that stated in the Specifications for manufacturers'services, or when a minimum time is not specified, the time required to perform the specified services shall be considered incidental. C. Schedule manufacturer' services to avoid conflict with other onsite testing or other manufacturers' onsite services. D. Determine, before scheduling services, that all conditions necessary to allow successful testing have been met. E. Only those days of service approved by Engineer will be credited to fulfill the specified minimum services. F. When specified in individual specification sections,manufacturer's onsite services shall include: 1. Assistance during product(system, subsystem, or component) installation to include observation, guidance, instruction of Contractor's assembly, erection, installation or application procedures. Clean Water Services 01640 Manufacturers' Services • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • 2. Inspection, checking, and adjustment as required for product(system, subsystem, or component)to function as warranted by manufacturer and necessary to furnish Manufacturer's Certificate of Proper Installation. 3. Providing, on a daily basis, copies of all manufacturers' representatives field notes and data to Engineer. 4. Revisiting the site as required to correct problems and until installation and operation are acceptable to Engineer. 5. Resolution of assembly or installation problems attributable to, or associated with,respective manufacturer's products and systems. 6. Assistance during functional and performance testing, and facility startup and evaluation. 7. Training of Owner's personnel in the operation and maintenance of respective product as required. 8. Additional requirements may be specified elsewhere. 3.02 MANUFACTURER'S CERTIFICATE OF COMPLIANCE A. When specified in individual specification section, submit prior to shipment of product or material. B. Engineer may permit use of certain materials or assemblies prior to sampling and testing if accompanied by accepted certification of compliance. C. Signed by product manufacturer certifying that product or material specified • conforms to or exceeds specified. Attach supporting reference data, affidavits, and certifications as appropriate. D. May reflect recent or previous test results on material or product, if acceptable to Engineer. 3.03 EQUIPMENT SUPPLIER'S CERTIFICATE OF INSTALLATION A. Equipment Supplier's Certificate of Installation form, a copy of which is included in Section 01756, Testing, Training, and Facility Startup, shall be completed and signed by the equipment manufacturer's representative. B. Such form shall certify that the signing party is a duly authorized representative of the manufacturer, is empowered by the manufacturer to inspect, approve, and operate their equipment and is authorized to make recommendations required to assure that the equipment is complete and operational. 3.04 TRAINING A. General: 1. Furnish manufacturers' representatives for detailed classroom and • hands-on training to Owner's personnel on operation and maintenance Clean Water Services 01640 Manufacturers' Services Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project of specified product(system, subsystem, component) and as may be • required in applicable Specifications. 2. Furnish trained, articulate personnel to coordinate and expedite training, to be present during training coordination meetings with Owner, and familiar with operation and maintenance manual information specified in Section 01782, Operation and Maintenance Data. 3. Manufacturer's representative shall be familiar with facility operation and maintenance requirements as well as with specified equipment. 4. Furnish 6 copies of complete training materials,to include operation and maintenance data, to be retained by each trainee. 5. Owner may elect to video tape training sessions at Owner's cost. Contractor and all subcontractors and suppliers shall not object. B. Training Schedule: 1. List specified equipment and systems that require training services and show: a. Respective manufacturer. b. Estimated dates for installation completion. c. Estimated training dates. 2. Allow for multiple sessions when several shifts are involved. 3. Adjust schedule to ensure training of appropriate personnel as deemed necessary by Owner, and to allow full participation by manufacturers' representatives. Adjust schedule for interruptions in operability of • equipment. 4. Coordinate with Section 01324, Construction Schedule, and Section 01756, Testing, Training, and Facility Startup. C. Lesson Plan: When manufacturer or vendor training of Owner personnel is specified,prepare for each required course, containing the following minimum information: 1. Title and objectives. 2. Recommended types of attendees (e.g., managers, engineers, operators, maintenance). 3. Course description and outline of course content in accordance with Supplement Outline of Training Session. 4. Format(e.g., lecture, self-study, demonstration,hands-on). 5. Instruction materials and equipment requirements. 6. Resumes of instructors providing the training. D. Prestartup Training: 1. Coordinate training sessions with Owner's operating personnel and manufacturers' representatives, and with submission of operation and maintenance manuals in accordance with Section 01782, Operation and Maintenance Data. Clean Water Services 01640 4 Manufacturers' Services • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • 2. Complete at least 14 days prior to beginning of facility startup but after system is fully functional. E. Post-startup Training: If required in Specifications, furnish and coordinate training of Owner's operating personnel by respective manufacturer's representatives. 3.05 SUPPLEMENT A. The supplement listed below, following"End of Section," is part of this Specification: 1. Outline of Training Session. END OF SECTION • • Clean Water Services 01640 Manufacturers' Services Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project • OUTLINE OF TRAINING SESSION PART 1 GENERAL 1.01 OUTLINE OF TRAINING SESSION A. Definition of Training Session Objectives: 1. Describe the goal of training session in detail. 2. State estimated time required for each major section. B. Equipment Operation: 1. Describe equipment's operating (process) function, including startup, shutdown, and normal operation. 2. Describe equipment's fundamental operating principals and dynamics. 3. Identify equipment's mechanical, electrical, and electronic components and features. 4. Identify all support equipment associated with the operation of subject equipment (i.e., instrumentation). C. Safety Considerations: Identify and describe all safety considerations and procedures pertinent to the equipment or system provided(i.e., lockout/tagout procedures,protection from moving parts, etc.). 411 D. Detailed Component Description: 1. Identify and describe in detail each component's function. 2. Where applicable, group related components into subsystems. Describe subsystem functions and their interaction with other subsystems. 3. Identify and describe in detail equipment safeties and control interlocks. E. Equipment Preventive Maintenance (PM): 1. Describe PM inspection procedures required to: a. Perform an inspection of the equipment in operation. b. Spot potential trouble symptoms (anticipate breakdowns). c. Forecast maintenance requirements (predictive maintenance). 2. Define the recommended PM intervals for each component. 3. Provide lubricant and replacement part recommendations and limitations. 4. Describe appropriate cleaning practices and recommended intervals. F. Equipment Troubleshooting: 1. Define recommended systematic troubleshooting procedures. 2. Provide component-specific troubleshooting checklists. • Clean Water Services 01640-Supplement Manufacturers' Services Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 3. Describe applicable equipment testing and diagnostic procedures to • facilitate troubleshooting. 4. Provide clear and organized troubleshooting matrix for each item or system. G. Equipment Corrective Maintenance: 1. Describe recommended equipment preparation requirements. 2. Identify and describe the use of any special tools required for maintenance of the equipment. 3. Describe component removal/installation and disassembly/assembly procedures. 4. Perform at least two "Hands On" demonstrations of common corrective maintenance repairs. 5. Describe recommended measuring instruments and procedures and provide instruction on interpreting alignment measurements, as appropriate. 6. Define recommended torquing, mounting, calibration, and/or alignment procedures and settings, as appropriate. 7. Describe recommended procedures to check/test equipment following a corrective repair. END OF SUPPLEMENT • Clean Water Services 01640-Supplement Manufacturers' Services • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • SECTION 01655 GRAVITY PIPELINE TESTING PART 1 -- GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall test gravity pipelines in accordance with the Contract Documents. 1.2 CONTRACTOR SUBMITTALS A. Furnish submittals in accordance with Section 01330—Submittal Procedures. B. Furnish: 1. A testing plan and schedule including methods for water conveyance, control, leakage testing,and water disposal shall be submitted in writing for approval. 2. Where deflection testing of flexible pipe is required, submit a method for mandrel testing or other measurement,as applicable to pipe size. PART 2 --PRODUCTS 2.1 DEFLECTION MANDREL A. Mandrel Design: The CONTRACTOR shall construct a mandrel of steel or which can • withstand a force of 200 psi without deforming. The mandrel shall have 9 or more runners or legs, as long as the number is an odd number. The mandrel barrel length shall be at least 75 percent of the pipe inside diameter. The mandrel shall have two steel eyes,one located at each end,to enable attaching a pull rope and tag rope. B. Mandrel Diameter: The outside diameter shall taper out to 95 percent of the inside diameter of the pipe. For the purpose of determining the mandrel diameter, the inside diameter of the pipe shall be the average outside diameter of the pipe minus 2 minimum wall thicknesses for OD controlled pipe and shall be the average inside diameter for ID controlled pipe, all dimensions in accordance with the respective pipe standards. Statistical or "tolerance packages" shall not be considered in mandrel sizing. The mandrel shall be stamped or engraved at a location other than a runner with the pipe size and material it is intended to test. C. Proving Ring: Fabricate a 1/2-inch thick, 3-inch wide steel bar bent to a circle 0.02- inches larger than the mandrel diameter calculated above. Furnish the proving ring to the OWNER before any pipe is backfilled. The CONTRACTOR shall pass the mandrel through the proving ring prior to performing each deflection test. PART 3 --EXECUTION 3.1 GENERAL A. Gravity pipelines and service laterals shall be tested for exfiltration or infiltration and deflection as indicated.Manholes shall be tested for leakage prior to backfill placement, whereas pipes shall be backfilled prior to testing. Leakage tests shall be completed and • approved prior to placing of permanent resurfacing. When leakage or infiltration exceeds Clean Water Services 01655 Gravity Pipeline Testing Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project the allowed amount,the CONTRACTOR shall locate the leaks and make the necessary • repairs or replacements to reduce the leakage or infiltration to the allowable limits. Individually detectable leaks shall be repaired,regardless of whether the test results are acceptable or not. B. Unless otherwise indicated,the CONTRACTOR shall be responsible for furnishing water for testing and for transporting it to the points of use and for its disposal. C. No materials shall be used which would be injurious to pipeline structure and future function. Air test gauges shall be laboratory-calibrated test gauges,and if required by the OWNER, shall be recalibrated by a certified laboratory prior to the leakage test. Air test gauges shall have size and pressure range appropriate for the pipe being tested. D. Testing operations shall be performed in the presence of the OWNER. 3.2 TESTING SCHEDULE A. Leakage Tests 1. Perform the type of leakage tests determined from table below,based on pipe size,slope between manholes(Criterion 1), and difference in water levels (Criterion 2). Criterion 1 Criterion 2 Nominal Pipe Manhole Delta H,feet Test Water vs Ground Water Delta Size H,feet Less than or greater than 10 ft greater than or less than 4 ft equal to 10 ft equal to 4 ft less than or See Criterion 2 Infiltration or Air Exfiltration Infiltration or Air equal to 24 See Note 1 inches greater than See Criterion 2 See Criterion 2 Exfiltration Infiltration 24 inches Note 1. If ground water is present,perform an infiltration test or air test at the option of the CONTRACTOR;if no ground water is present,perform an air test. 2. Definitions a. Delta H is the difference between 2 elevations, expressed in feet. b. Manhole Delta H is the invert elevation difference in 2 adjacent manholes. c. Test Water vs Ground Water Delta H is the required elevation of water surface for testing minus the average elevation of ground water adjacent to the pipe to be tested. Units are feet. 3. For pressure sewers and force mains,conduct water pressure tests as required by Section 01656 -Pressure Pipe Testing and Disinfection. B. Deflection Tests: Flexible pipe of 30 inches diameter and smaller shall be tested for deflection by the mandrel test. Larger flexible pipe shall be tested by a method approved by the OWNER. Excessively deflected pipe shall be removed and replaced. Clean Water Services 01655 Gravity Pipeline Testing 4111 Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • 3.3 WATER EXFILTRATION TEST A. Each section of pipeline shall be tested between successive manholes by closing the lower end and the inlet pipes of the upper manhole with stoppers or inflatable plugs. The pipe and manhole shall be filled with water to a point 4 feet above the centerline of the pipeline at the center of the upper manhole; or if ground water is present,4 feet above the average adjacent ground water level,whichever is higher. B. Pipes provided with double gasketed joints or where a joint testing rig is used may employ individual joint leakage testing. Either water or air may be used as the joint leakage testing medium. The CONTRACTOR shall submit an individual leakage testing procedure(and joint repair procedure for those that fail to pass leakage testing) approved by the pipe manufacturer. C. Water shall remain in the pipe for at least one hour or until the water level stabilizes, whichever is longer,before the test begins. The minimum test duration shall be 4 hours. D. Unless indicated otherwise,the CONTRACTOR shall measure exfiltration. Measure the amount of water added to the upstream manhole to maintain the water level at the elevation set above. Compare the amount added to the allowable leakage calculated below,and if the amount added is equal to or less than the allowable amount,the tested section of the pipe has passed. E. The allowable leakage will be computed by the formula: E = 0.000012 LD (H)172 • Where: E = Allowable leakage in gallons per minute of pipeline tested. L = Length of pipeline and house connections tested,in feet. D = Internal diameter of the pipe in inches. H = Elevation difference in feet between the water surface in the upper manhole and the centerline of the pipe at the lower manhole;or if ground water is present above the centerline of the pipe in the lower manhole,the difference in elevation between the water surface in the upper manhole and the ground water at the lower manhole. 3.4 WATER INFILTRATION TEST A. The end of the pipeline at the upper structure shall be closed to prevent the entrance of water, and pumping of ground water shall be discontinued for at least 3 days,after which the section shall be tested for infiltration. B. The infiltration into each individual reach of pipeline between adjoining manholes shall not exceed that allowed by the formula above,where H is the difference in the elevation between the ground water surface and the invert of the sewer at the downstream manhole. C. Unless otherwise indicated, infiltration shall be measured by the CONTRACTOR. • Clean Water Services 01655 Gravity Pipeline Testing Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 3.5 AIR PRESSURE TEST • A. The CONTRACTOR shall furnish all materials, equipment,and labor for making an air test. Air test equipment shall be approved by the OWNER. Pipelines greater in diameter than 36 inches shall not be air tested(except in the case of individual joint testing). B. The CONTRACTOR may conduct an initial air test of the pipeline main line after densification of the backfill but prior to installation of the service laterals. Such tests will be considered to be for the CONTRACTOR's convenience and need not be performed in the presence of the OWNER. C. Each section of pipeline shall be tested between successive manholes by plugging and bracing all openings in the pipe and the upper ends of all service laterals. Prior to insertion in the pipeline,each plug shall be checked with a soap solution to detect any air leakage. If any leaks are found,the air pressure shall be released and the leaks eliminated or the plug replaced. D. The test of the pipe and service laterals shall be conducted in the presence of the OWNER. Testing of pipe,regardless of the pipe material,shall be performed in accordance with ASTM F 1417 - Standard Test Method for Installation of Plastic Gravity Sewer Line Using Low Pressure Air. E. Air pressure in the sewer line shall be increased to 4.0 psi above groundwater pressure (1.0 psi for each 2.3 feet of water elevation above the highest point of the pipe). Do not allow the pressure at any point in the pipe to reach 9 psi under any circumstances. Allow the pressure to stabilize for 5 minutes,then reduce the pressure to 3.5 psi above groundwater pressure and start the test. Stop the air release and record the decrease in • pressure over time. F. Pass/Fail Criterion: The time taken for the pressure to decrease from 3.5 to 2.5 psi above groundwater pressure shall be equal to or greater than the time below Nominal Minimum Time, Length for Increased Time for Pipe Dia., min:sec Minimum Time,ft Longer Lengths, inches seconds per foot 4 3:46 597 .0380 6 5:40 398 0.854 8 7:34 298 1.520 10 9:26 239 2.374 12 11:20 199 3.418 18 17:00 133 7.692 24 22:40 99 13.674 30 28:20 80 21.366 36 34:00 66 30.768 G. Testing criteria of pipe 12 inches in diameter and larger may be adjusted if the OWNER approves. The air pressure decrease may be 0.5 psi instead-of 1.0 psi,and the corresponding minimum times will be one-half of the tablulated times. vi Pipeline1111 Clean Water Services 01655 Gravity Testing Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • H. For pipe larger than 24 inches in diameter,air pressure tests may be performed on each joint. The time for the pressure to fall from 3.5 to 2.5 psi,both above groundwater pressure, shall not be less than 10 seconds regardless of pipe diameter. I. If the time is less than the allowable time,the pipe will be considered defective and shall be repaired and retested. 3.6 DEFLECTION TEST A. Mandrel Test 1. The OWNER shall test the mandrel with the proving ring prior to performing each deflection test. The mandrel shall pass through the proving ring with no greater than 0.02-inch clearance, and if it does not,the mandrel will be considered defective and shall be replaced. 2. The CONTRACTOR shall test all flexible pipe 30 inches in diameter and smaller for deflection,joint displacement, and other obstructions by passing the mandrel through the pipe not less than 30 days after completion of the trench backfill,but prior to permanent pavement resurfacing. Mandrel testing shall be performed by a single person hand pulling the mandrel through the pipe only. 3. Pipe with diameter less than the mandrel will be considered defective, and the CONTRACTOR shall either remove,replace and recompact the pipezone and trench backfill or replace the pipe. Use of vibratory or other type"pjpe re-rounders"is not acceptable. 11110 B. Flexible pipe in sizes larger than 30 inches in diameter shall have deflections measured by a rigid metal bar,a rigid frame, or other method approved by the OWNER. 1. The average inside diameter shall be measured before the pipe is installed and backfilled. 2. Deflection is defined as the difference between vertical inside diameter in the pipe before and after installation and backfilling. 3.7 MANHOLE TEST A. Sewer manholes shall be hydrostatically or vacuum tested for leakage prior to backfilling. Prior to testing,manholes shall be visually inspected for obvious defects. Leaks or cracks shall be repaired.The influent structure is considered a manhole for testing criteria and procedures. B. Hydrostatic Testing: All pipes entering the manhole shall be sealed at a point outside the manhole walls to include testing of the pipe to manhole joints. The manhole shall be filled with water to a level 2 inches below the top of the frame. Safety lines shall be secured to all plugs utilized. After a period of at least one hour to allow the water level to stabilize,the manhole shall be refilled and the water level shall be marked. The water level shall again be checked after 4 hours. If the water level falls more than 1 inch,the leakage shall be considered excessive,and the CONTRACTOR shall make repairs and retest the manhole. The exterior of the manhole shall be inspected during this period for visible evidence of leakage. Visible moisture, sweating,or beads of water on the exterior of the manhole shall not be considered leakage,but any water running across the surface • will be considered leakage and shall be repaired regardless of the volume of water lost. Clean Water Services 01655 Gravity Pipeline Testing Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project C. Vacuum Testing • Manhole vacuum testing may be utilized as an alternative to hydrostatic testing. 1. Install the vacuum test head on top of the manhole. Install and brace sealing devices on influent and effluent pipes 2. With a vacuum pump,draw a vacuum of 10 inches of mercury,deactivate the pump, and measure the time in seconds for the vacuum to drop to 9 inches of mercury. 3. Compare the time to the table below. Minimum Time,min: sec Manhole Diameter,inches Manhole 36 48 60 72 Depth,ft 8 0:14 0:20 0:26 0:33 10 0:18 0:25 0:33 0:41 12 0:21 0:30 0:39 0:49 14 0:25 0:35 0:48 0:57 16 0:28 0:40 0:52 1:7 18 0:32 0:45 0:59 1:13 20 0:35 0:50 1:5 1:21 22 0:38 0:55 1:12 1:30 24 0:42 0:59 1:18 1:37 • 26 0:46 1:4 1:25 1:45 28 0:49 1:9 1:31 1:53 30 0:53 1:14 1:38 2:1 4. If the time is less than the time in the table,the manhole is defective, and it shall be repaired and retested until it is acceptable. -END OF SECTION- 01655 GravityPipelineTestin • Clean Water Services 9 Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project • SECTION 01656 PRESSURE PIPE TESTING AND DISINFECTION PART 1 -- GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall test pressure pipelines and appurtenant piping, in accordance with the Contract Documents. B. The CONTRACTOR shall be responsible for obtaining permits for discharging excess testing water if required to satisfy permitting agency requirements. C. The CONTRACTOR shall disinfect all potable water pipelines. Pipelines for non-potable or sewerage service do not require disinfection. 1.2 CONTRACTOR SUBMITTALS A. Furnish submittals in accordance with Section 01330 — Submittal Procedures. B. Furnish: • 1. A testing plan and schedule, including method for water conveyance, control and disposal, shall be submitted in writing for approval. 2. A disinfection plan and schedule shall be submitted in writing for approval. PART 2 -- PRODUCTS 2.1 MATERIAL REQUIREMENTS A. All test equipment, temporary valves, bulkheads, and other water control equipment, shall be as determined by the CONTRACTOR. No materials shall be used which would be injurious to the WORK. PART 3 -- EXECUTION 3.1 GENERAL A. Water for testing pipelines will be furnished by the CONTRACTOR. B. All pressure pipelines shall be tested; those for potable water shall be disinfected. All testing operations shall be performed in the presence of the ENGINEER. C. Flushing and testing water shall be discharged into a sanitary sewer at the Site. • Clean Water Services 01656 Pressure Pipe Testing and Disinfection Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 3.2 PIGGING 110 A. The CONTRACTOR shall clean the system thoroughly by pigging to remove sand, grit, gravel, stones, fluids, construction waste, and all material which would not be found in a properly cleaned pipeline. Pigging shall obtain a smooth interior pipe surface free from any material or fluid not used in cleaning. B. Pigging shall be defined as passage of a sufficient number of pigs through the pipeline to achieve the clean conditions above. Flushing will not be acceptable as a substitute for pigging. C. Provision for pig access and egress points and disposal of water and materials shall be the CONTRACTOR's responsibility. D. Pigs shall be individually marked and their location shall be controlled and monitored so that no pigs remain in the system after cleaning. E. Pigging may be done in conjunction with initial filling for the hydrostatic test. 3.3 HYDROSTATIC TESTING OF PIPELINES A. Prior to hydrostatic testing, pipelines shall be flushed or blown out as appropriate. The CONTRACTOR shall test pipelines either in sections or • as a unit. No section of the pipeline shall be tested until all field-placed concrete or mortar has attained an age of 14 days. The test shall be made by closing valves when available or by placing temporary bulkheads in the pipe and filling the line slowly with water. The CONTRACTOR shall be responsible for ascertaining that all test bulkheads are suitably restrained to resist the thrust of the test pressure without damage to or movement of the adjacent pipe. Unharnessed sleeve-type couplings, expansion joints, or other sliding joints shall be restrained or suitably anchored prior to the test to avoid movement and damage to piping and equipment. Remove or protect any pipeline-mounted devices that may be damaged by the test pressure. The CONTRACTOR shall provide sufficient temporary tappings in the pipelines to allow for all entrapped air to exit. After completion of the tests, such taps shall be permanently plugged. Care shall be taken that all air relief valves are open during filling. B. The pipeline shall be filled at a rate which will not cause any surges or exceed the rate at which the air can be released through the release valves at a reasonable velocity. All the air within the pipeline shall be allowed to escape. The differential pressure across the orifices in the air release valves shall not be allowed to exceed 5 psi at any time during filling. After the pipeline or section thereof has been filled, it shall be allowed to stand under a slight pressure for at least 24 hours to allow the concrete or mortar lining, as applicable, to absorb water and to allow the Clean Water Services 01656 Pressure Pipe Testing and Disinfection • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • escape of air from air pockets. During this period, bulkheads, valves, and connections shall be examined for leaks. If leaks are found, corrective measures satisfactory to the OWNER shall be taken. C. The hydrostatic test shall consist of holding the test pressure on the pipeline for a period of 4 hours. The test pressure for pipelines shall be as indicated in Pipeline Schedule in Section 01630. All visible leaks shall be repaired in a manner acceptable to the OWNER. Add water to restore the test pressure if the pressure decreases 5 psi below test pressure during the test period. 3.4 DISINFECTION A. All potable water pipelines shall be disinfected in accordance with AWWA requirements and procedures. B. The CONTRACTOR shall submit its disinfection plan to the OWNER for review and approval prior to performing disinfection work. - END OF SECTION - •• 1111 Clean Water Services 01656 Pressure Pipe Testing and Disinfection Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01732 CUTTING AND PATCHING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Cutting and patching existing and new construction. B. Related Sections: 1. Section 01330, Submittal Procedures. 2. Section 01600, Product Requirements. 1.02 SUBMITTALS A. Submit in accordance with Section 01330, Submittal Procedures. B. Cutting and Patching Plan: 1. Submit details of proposed construction before cutting and patching construction commences affecting: a. Work of Owner or of others. b. Structural integrity of element of Project. • 2. Cutting and Patching Plan shall include the following: a. Identification of Work. b. Description of affected construction. c. Necessity for cutting,patching, alteration, or excavation. d. Description of proposed construction. e. Scope of cutting, core drilling, patching, alteration, or excavation. f. X-ray or ultrasonic investigation for identification and prevention of damage to unexposed electrical or control raceway and conductors PART 2 PRODUCTS 2.01 MATERIALS A. Comply with specifications and standards for products involved. PART 3 EXECUTION 3.01 PREPARATION A. Provide adequate temporary support as necessary to ensure structural integrity of affected portion of Work. • Clean Water Services 01732 Cutting and Patching Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project B. Provide devices and methods to protect other portions of Project from damage • and persons from injury. C. Provide protection from elements for that portion of Project,which may be exposed by cutting and patching, and maintain excavations free from water. 3.02 CUTTING AND PATCHING A. Provide x-ray or ultrasonic investigation prior to cutting or core drilling masonry or concrete to prevent damage to unexposed electrical or control raceway and conductors. B. Cut, Fit, and Patch when required to: 1. Make several parts fit together properly. 2. Remove and replace construction not conforming to Contract Documents. 3. Remove samples of installed construction as specified for testing. 4. Provide routine penetrations of structural surfaces for installation of piping and electrical conduit. C. Execute cutting and demolition by methods which will prevent damage and will provide proper surfaces to receive installation of repairs. D. Openings in Existing Concrete and Masonry: • 1. Create openings by: a. Saw cutting completely through concrete or masonry, or b. Scoring edges of opening with saw to at least 1-inch depth on both surfaces (when accessible) and removing concrete or masonry by chipping. 2. Do not allow saw cuts to extend beyond limits of opening. 3. Make corners square and true by combination of core drilling and grinding or chipping. 4. Prevent debris from falling into adjacent tanks or channels in service or from damaging existing equipment and other facilities. E. Sizing of Openings in Existing Concrete or Masonry: 1. Make openings sufficiently large to permit final alignment of pipe and fittings without deflections. 2. Allow adequate space for packing around pipes and conduit to ensure watertightness. F. Grouting Pipes in Place: 1. Sandblast concrete surfaces and thoroughly clean sand and other foreign material from surfaces prior to placing grout. Clean Water Services 01732 Cutting and Patching Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project 2. Grout pipes, sleeves, castings, and conduits in place by pouring grout • under a head of at least 4 inches. Vibrate grout into place. Completely fill the spaces occupied by pipes, sleeves, castings, and conduits. 3. Water cure the grout. G. Connections to Existing Pipes: 1. Cut existing pipe square. 2. Properly prepare the ends for the connection indicated on the Drawings. 3. Repair any damage to existing lining and coating. H. Rehabilitate all areas affected by removal of existing equipment, equipment pads and bases,piping, supports, electrical panels, electric devices, and conduits such that little or no evidence of the previous installation remains. 1. Fill areas in existing floors, walls, and ceilings from removed piping, conduit and fasteners with specified concrete repair materials and finish smooth to match surrounding surface. 2. Remove concrete bases for equipment and supports by: a. Saw cutting clean, straight lines with a depth equal to the concrete cover over reinforcement minus 1/2 inch below finished surface. Do not cut existing reinforcement on floors. b. Chip concrete within scored lines and cut exposed reinforcing steel and anchor bolts. • c. Patch with specified concrete repair materials to match adjacent grade and finish. 3. Terminate abandoned piping and conduits with blind flanges, caps, or plugs. Treat Existing Concrete Reinforcement as follows: 1. Where existing reinforcement is to remain,protect, clean, and extend into new concrete. 2. Where existing reinforcement is not to be retained, cut off as follows: a. Where new concrete joins existing concrete at the removal line, cut reinforcement flush with concrete surface at the removal line. b. Where concrete surface at the removal line is the finished surface, cut reinforcement 2 inches below the surface,paint ends with epoxy, and patch holes with dry pack nonshrink grout. END OF SECTION • Clean Water Services 01732 Cutting and Patching Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01738 SELECTIVE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Demolition of portions of structures. 1.02 SUBMITTALS A. Shop Drawings: Include: 1. Demolition methods of load bearing structures not indicated on the Drawings, signed and sealed by structural Professional Engineer registered in state where Project is located. 2. Method of removing embedded relics and antiques. B. Submittals for Information Only: 1. Permits and notices authorizing demolition. 2. Certificates of severance of utility services. 3. Permit for transport and disposal of debris. • 4. Demolition procedures and operational sequence. C. Project Record Documents: Include locations of service lines and capped utilities. 1.03 REGULATORY REQUIREMENTS A. Dispose of debris in accordance with governing regulatory agencies. B. Comply with applicable air pollution control regulations. C. Obtain permits for building demolition, transportation of debris to disposal site and dust control. D. Refer to Section 01410, Regulatory Requirements, for Environmental Survey information. 1.04 ENVIRONMENTAL REQUIREMENTS A. Do not interfere with use of adjacent buildings. Maintain free and safe passage to and from adjacent buildings. 11111 Clean Water Services 01738 Selective Demolition Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project B. Prevent movement, settlement or collapse of structures (adjacent services, • sidewalks, driveways and trees). Provide and place bracing or shoring. Assume liability for movement, settlement or collapse. Promptly repair damage. C. Cease operations and notify Engineer immediately when safety of structure appears to be endangered. Take precautions to properly support structure. Do not resume operations until safety is restored. D. Provide, erect and maintain barricades, lighting, guard rails, and protective devices as required to protect building occupants, general public, workers, and adjoining property. 1.05 EXISTING SERVICES A. Arrange and pay for capping and plugging utility services. Disconnect and stub off. Notify affected utility company in advance and obtain approval before starting demolition. B. Place markers to indicate location of disconnected services. 1.06 MAINTAINING TRAFFIC A. Do not close or obstruct roadways without permits. B. Conduct operations with minimum interference to public or private roadways. 411 1.07 MATERIALS A. Materials and equipment to be retained by Owner: 1. Embedded relics and antiques such as cornerstones, cornerstone contents, commemorative plaques and tablets. B. Materials and equipment to be re-installed where indicated on Drawings. C. Contractor shall furnish all materials,tools, equipment, devices, appurtenances, facilities and services required for performing selective demolition work. D. Erect weatherproof closures for exterior openings. Maintain exit requirements. E. Erect and maintain dustproof partitions as required to prevent spread of dust, fumes and smoke to other parts of building, including but not limited to all electrical gear. On completion, remove partitions and repair damaged surfaces to match adjacent surfaces. F. Protect interior of building from rain and water damage. Clean Water Services 01738 Selective Demolition 11111 Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project G. Provide and maintain protective devices to prevent injury from falling objects. • H. Locate guard rails in stairwells and around open shafts to protect workers. Post clearly visible warning signs. I. Cause as little inconvenience to adjacent occupied building areas as possible. J. Protect landscaping, bench marks and existing construction to remain from damage or displacement. K. Carefully remove designated materials and equipment to be retained by Owner or re-installed. Deliver materials and equipment when and where directed by Engineer. Store and protect materials and equipment to be re- installed. 1.08 DEMOLITION A. Demolish designated portions of structures and appurtenances in orderly and careful manner. B. Assume possession of demolished materials,unless specified otherwise. Remove demolished materials from site at least weekly. C. Prevent airborne dust. Use water or dust palliative when necessary. Provide 1111/ and maintain hoses and connections to water main or hydrant. D. Do not burn materials on site. E. Immediately upon discovery,remove, and dispose of contaminated, vermin infested, or dangerous materials by safe means so as not to endanger health of workers and public. F. Remove trees and shrubs within marked areas, clear undergrowth and dead plant material as specified in Section 02200, Site Clearing. G. Backfill open pits and holes caused by demolition as specified in Section 02316, Fill and Backfill. H. Rough grade areas affected by demolition. I. Remove demolished materials, tools, and equipment upon completion of demolition. J. Use of demolished concrete, free of rebar, organics, and other miscellaneous materials, is acceptable for use as backfill only where indicated on Drawings. Concrete pieces shall be 6 inches or less in any dimension, and be placed and intermixed with granular material in such a manner as to eliminate voids. • Clean Water Services 01738 Selective Demolition Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 1.09 REPAIR A. Repair damage caused by demolition. 4111 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION • Clean Water Services 01738 Selective Demolition • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • SECTION 01756 TESTING, TRAINING,AND FACILITY STARTUP PART 1 GENERAL 1.01 DEFINITIONS A. Reference Section 01640, Manufacturers' Services. B. Reference Section 13400, Instrumentation and Control for Process Systems, for additional instrumentation and control system requirements. C. Factory Testing: A test or tests conducted on an equipment item or system at the place of fabrication by the manufacturer. D. Functional Test: A test or tests in the presence of the Engineer and Owner to demonstrate that the installed equipment or system meets manufacturer's installation and adjustment requirements and other requirements specified including, but not limited to, noise, vibration, alignment, speed, proper electrical and mechanical connections, operating temperature,thrust restraint, proper rotation, and initial servicing. Functional tests are typically performed on individual components of a system using clean water or plant effluent. E. Clean Water Test: A test performed on new facilities,processes, and • equipment using plant effluent water. All components of the facility or unit process are operated for a period of 5 continuous days to simulate actual operation and to demonstrate function coon of the integrated system. P g Y F. Performance Test: A test performed in the presence of the Engineer and Owner and after any required functional test specified, to demonstrate and confirm that the equipment and/or system meets the specified performance requirements including, but not limited to, flow and pressure output. Performance Tests are typically performed on an integrated system using process water. G. Unit Process: The wastewater treatment process, or a portion thereof,that performs a specific function. A unit process may consist of two or more subsystems as well as several types of equipment. An example of a unit process and subsystems on this Project is: 1. Tunnels adjacent Aeration Basins 3 &4 2. Primary Effluent Pump Station 3. Chemical Building 4. Tertiary Clarifiers/Filters Structure. 5. Electrical Room 5020 6. Aeration Basin 3 & 4 7. Secondary Clarifiers 3 & 4 • Clean Water Services 01756 Testing, Training and Facility Startup Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project H. Significant Interruption: May include any of the following events: • 1. Failure of Contractor to maintain qualified onsite startup personnel as scheduled. 2. Failure to meet specified performance for more than 4 consecutive hours. 3. Failure of any critical equipment unit, system, or subsystem that is not satisfactorily corrected within 4 hours after failure. 4. Failure of noncritical unit, system, or subsystem that is not satisfactorily corrected within 8 hours after failure. 5. As may be determined by Engineer. Startup Test Period: 1. Startup of the entire facility or any unit process thereof shall be considered complete when, in the opinion of the Engineer,the facility or designated unit process has operated in the manner intended for 10 continuous days, except as modified in paragraph Startup Test Requirements by Unit Process herein without significant interruption. A significant interruption will require the startup then in progress to be stopped and restarted after corrections are made. 2. The startup of unit processes shall include the maximum number of interconnected or dependent unit processes in one startup period as approved by the Engineer. 3. The startup period requirement of specified continuous days should as a • minimum include the maximum hours of operation per day of process equipment as required to treat current wastewater quantities and process residuals. 4. The startup testing program shall be designed to not interfere with the plant's ability to continuously comply with NPDES Permit requirements. J. A day is defined as 24 continuous hours unless noted otherwise. 1.02 SUBMITTALS A. Action Submittals: 1. Equipment Supplier's Certificate of Installation as required. 2. Test Reports: Functional and performance testing, in format acceptable to Engineer and certification of functional and performance test for each piece of equipment or system specified. 3. Certifications of Calibration: Testing equipment. 4. Record Drawings: Accurate and current markups of electrical record drawings. Clean Water Services 01756 Testing, Training and Facility Startup • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project B. Informational Submittals: 1. Factory Testing: Provide written notification at least 15 prior s to any factory testing. 2. Facility startup plan and schedule for project describing all procedures and showing all activities described or referenced herein. Submit at least 60 days prior to commencement of facility startup activities. 3. Detailed 14-day schedule showing specific startup related activities on a daily or hourly basis as appropriate. Provide updated 14-day schedule weekly or when changes to schedule occur. 4. Provide detailed sub-network of Progress Schedule with the following activities identified: a. Manufacturer's services. b. Installation certifications. c. Operator training. d. Submission of Operation and Maintenance Manual. e. Functional testing. f. Performance testing. g. Operational testing. 5. Provide testing plan with test logs for each item of equipment and each system when specified. Include testing of alarms, control circuits, capacities, speeds, flows, pressures, vibrations, sound levels, and other parameters. • 6. Provide summary of shutdown requirements for existing systems which are necessary to complete startup of new equipment and systems. 7. Revise and update startup plan based upon review comments, actual progress, or to accommodate changes in the sequence of activities. 1.03 CONTRACTOR FACILITY STARTUP RESPONSIBILITIES A. General: 1. Perform all Work for functional anderformance test specified. p p 2. Demonstrate proper function of each component and feature of all equipment, systems, and control devices. 3. Complete all Work associated with the unit and related processes before testing, including related manufacturer's representative services. 4. Provide all related operations and maintenance manuals, and spare parts and special tools as specified before testing any unit or system. 5. Furnish qualified manufacturer's representatives when required to assist in testing. 6. Utilize the Equipment Supplier's Certificate of Installation Form, supplemented as necessary,to document all functional and performance procedures,results, problems, and conclusions. 7. Prepare testing and startup plan and schedule and attend pretest meetings related to test schedule,plan of test, materials, chemicals, and • Clean Water Services 01756 Testing, Training and Facility Startup Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project liquids required, facilities' operations interface, and other required Engineer and Owner involvement. 1111 8. Startup Coordinator. Designate and provide one person to be responsible for coordinating and expediting Contractor's testing and startup duties. The person shall be present during all testing and startup meetings and shall be available at all times during the startup period. It is the Contractor's responsibility to coordinate all work of vendors and subcontractors including, but not limited to, equipment suppliers and representatives, Process Instrumentation and Control System subcontractor, and electrical subcontractor. The Contractor shall ensure that all required work, testing, and documentation is completed and submitted in a timely manner to allow for an integrated and organized approach to the startup effort. 9. Convey plant effluent water, as required, for testing. 10. Schedule time for field testing and adjustment of controls software programming. Complete testing, training, and startup within Contract Time. 11. Allow realistic durations in Progress Scheduling for testing, training, and startup. 12. Test equipment for proper performance at point of manufacture or assembly when specified. 13. When source quality control testing is specified: a. Demonstrate equipment meets specified performance requirements. 111111 b. Provide certified copies of test results. c. Do not ship equipment until certified copies have received written acceptance from Engineer. Written acceptance does not constitute final acceptance. d. Perform testing as specified in the equipment specification sections. B. Startup Test Period: 1. As applicable to the equipment furnished, state in writing that all necessary hydraulic structures, piping systems, and valves have been successfully tested; that all necessary equipment systems and subsystems have been checked for proper installation, started, and successfully tested to indicate that they are all operational; that the systems and subsystems are capable of performing their intended functions; and that the facilities are ready for startup and intended operation. 2. Provide all temporary water pumping, piping, and other items as required for testing,unless otherwise indicated. 3. When plant startup has commenced, schedule remaining Work so as not to interfere with or delay the completion of plant startup. Support the startup activities with adequate staff to prevent delays or process upsets. This staff shall include, but not be limited to, major equipment and Clean Water Services 01756 Testing, Training and Facility Startup • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project • system manufacturers' representatives, subcontractors, electricians, instrumentation personnel, millwrights,pipefitters, and plumbers. 4. Supply and coordinate specified manufacturer's startup services. 5. Make adjustments,repairs, and corrections necessary to complete startup. 1.04 OWNER/ENGINEER FACILITY STARTUP RESPONSIBILITIES A. General: 1. Review Contractor's test plan and schedule. 2. Witness testing or review testing documentation. 3. Coordinate other plant operations, if necessary,to facilitate Contractor's tests. 4. Provide wastewater,power, chemicals, and other items as required for testing, unless otherwise indicated. B. Startup Test Period: 1. Operate process units and devices, with support of Contractor. 2. Provide sampling labor and provide laboratory analyses for routine process control. 3. Designate and provide one person to be responsible for coordinating and expediting Owner and Engineer's testing and startup duties including • interface with plant operations and control system software. 4. Make available special tools and operation and maintenance information for Owner-furnished equipment. C. Applications Software Provided by Owner: 1. Coordination with the Contractor in the field testing of all applications software programmed by the Owner including periodic visits to the site by an instrumentation specialist. 2. Adjustments and/or corrections of all applications software provided by the Owner. 1.05 CERTIFICATE OF PROPER INSTALLATION A. At completion of Functional Testing, furnish written report prepared and signed by manufacturer's authorized representative, certifying equipment: 1. Has been properly installed, adjusted, aligned, and lubricated. 2. Is free of any stresses imposed by connecting piping or anchor bolts. 3. Is suitable for satisfactory full-time operation under full load conditions. 4. Operates within the allowable limits for vibration. 5. Controls,protective devices, instrumentation, and control panels furnished as part of the equipment package are properly installed, 110 calibrated, and functioning. Clean Water Services 01756 Testing, Training and Facility Startup Durham AWWTF Secondary -5- March 2018 Treatment System Expansion Project 6. Control logic for startup, shutdown, sequencing, interlocks, and • emergency shutdown have been tested and are properly functioning. B. Furnish written report prepared and signed by the electrical and/or instrumentation subcontractor certifying: 1. Motor control logic that resides in motor control centers, control panels, and circuit boards furnished by the electrical and/or instrumentation subcontractor has been calibrated and tested and is properly operating. 2. Control logic for equipment startup, shutdown, sequencing, interlocks and emergency shutdown has been tested and is properly operating. 3. Co-sign the reports along with the manufacturer's representative and subcontractors. C. See Section 01640, Manufacturers' Services, for additional requirements. 1.06 TRAINING OF OWNER'S PERSONNEL A. Provide operations and maintenance training for items of mechanical, electrical and instrumentation equipment. Utilize manufacturer's representatives to conduct training sessions. B. Coordinate training sessions to prevent overlapping sessions. Arrange sessions so that individual operators and maintenance technicians do not attend more than two sessions per week. C. Provide Operation and Maintenance Manual for specific pieces of equipment or systems 1 month prior to training session for that piece of equipment or system. D. Satisfactorily complete functional testing before beginning operator training. E. Provide training sessions for each work shift listed below during the time periods shown. Pooling of shifts will not be permitted unless accepted by Owner. F. Refer to Section 01640, Manufacturers' Services, for additional requirements. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 GENERAL SEQUENCE OF FACILITY STARTUP ACTIVITIES A. Reference attached Supplement for summary of Owner electrical and instrumentation startup procedures. B. Complete all associated structural, mechanical, instrumentation, and electrical installations for system to be tested. • Clean Water Services 01756 Testing, Training and Facility Startup Durham AWWTF Secondary -6- March 2018 Treatment System Expansion Project 411 C. Provide approved Preliminary O&M Manuals. D. Conduct functional tests on all individual components of system and provide Equipment Supplier's Certificate of Installation. E. Provide Owner training on the various components of the new systems. F. Complete ORT—Part 1, as specified in Section 13400, Instrumentation and Control for Process Systems, including checkout of all control loops and instruments for system. G. Complete ORT—Part 2, as specified in Section 13400, Instrumentation and Control for Process Systems, which includes, but is not limited to, testing of applications software developed by Owner integrating individual components into a functioning system. The Contractor shall allow a minimum period of 2 weeks per subsystem in the schedule for testing of the applications software. If portions of the Work are found to be incomplete during applications software testing, then the Contractor shall complete the Work and the 2-week applications software testing period shall be restarted. H. Divert process wastewater to the system and operate each unit process as a system for the period of time defined herein under paragraph Startup Test Requirements by Unit Process. • I. Complete Performance Acceptance Tests (PAT), as specified in Section 13400, Instrumentation and Control for Process Systems. Test each component under actual operational conditions. Conduct PAT for individual components as identified in individual specifications. This testing may occur during or after the Startup Test Period. J. Achieve substantial completion of process system or subsystem by correcting or completing any remaining issues as identified by a process substantial completion list provided by the Engineer. 3.02 TESTING PREPARATION A. General: 1. Schedule and attend pretest meetings related to test schedule,plan of test,materials, chemicals, and liquids required, facilities' operations interface,Engineer and Owner involvement. 2. Provide temporary valves, gauges, piping,test equipment and other materials and equipment required to conduct testing. • Clean Water Services 01756 Testing, Training and Facility Startup Durham AWWTF Secondary -7- March 2018 Treatment System Expansion Project B. Cleaning and Checking: Prior to starting functional testing: • 1. Calibrate testing equipment for accurate results. 2. Inspect and clean equipment, devices, connected piping, and structures so they are free of foreign material. 3. Lubricate equipment in accordance with manufacturer's instructions. 4. Turn rotating equipment by hand and check motor-driven equipment for correct rotation. 5. Open and close valves by hand and operate other devices to check for binding, interference, or improper functioning. 6. Check power supply to electric-powered equipment for correct voltage. 7. Adjust clearances and torques. 8. Complete piping system pressure testing and cleaning as specified in Division 15, Mechanical. 9. Obtain completion of applicable portions of Equipment Supplier's Certificate of Installation. C. Mechanical Systems: As specified in the individual equipment specification sections and Section 16050, Basic Electrical Materials and Methods, and Section 15955, Process Piping Leakage Testing: 1. Remove rust preventatives and oils applied to protect equipment during construction. 2. Flush lubrication systems and dispose of flushing oils. Recharge • lubrication system with lubricant recommended by manufacturer. 3. Flush fuel system and provide fuel for testing and startup. 4. Install and adjust packing,mechanical seals, 0-rings, and other seals. Replace defective seals. 5. Remove temporary supports, bracing, or other foreign objects installed to prevent damage during shipment, storage, and erection. 6. Check rotating machinery for correct direction of rotation and for freedom of moving parts before connecting driver. 7. Perform cold alignment and hot alignment to manufacturer's tolerances. 8. Perform laser alignment. 9. Adjust V-belt tension and variable pitch sheaves. 10. Inspect hand and motorized valves for proper adjustment. Tighten packing glands to insure no leakage,but permit valve stems to rotate without galling. Verify valve seats are positioned for proper flow direction. 11. Tighten leaking flanges or replace flange gasket. Inspect screwed joints for leakage. 12. Install gratings, safety chains,handrails, shaft guards, and sidewalks prior to operational testing. Clean Water Services 01756 Testing, Training and Facility Startup Durham AWWTF Secondary -8- March 2018 Treatment System Expansion Project D. Electrical Systems: As specified in Section 16050, Basic Electrical Materials and Methods, and the individual equipment specification sections. 1. Perform insulation resistance tests on wiring except 120-volt lighting, wiring, and control wiring inside electrical panels. 2. Perform continuity tests on grounding systems. 3. Test and set switchgear and circuit breaker relays for proper operation. 4. Perform direct current high potential tests on all cables that will operate at more than 2,000 volts. Obtain services of independent testing lab to perform tests. 5. Check motors for actual full load amperage draw. Compare to nameplate value. E. Instrumentation Systems: As specified in Section 13400, Instrumentation and Control for Process Systems, and the individual equipment specification sections: 1. Bench or field calibrate instruments and make required adjustments and control point settings. 2. Leak test pneumatic controls and instrument air piping. 3. Energize transmitting and control signal systems, verify proper operation,ranges and settings. F. Ready-to-test determination will be made by Engineer based at least on the • following: 1. Notification by Contractor of equipment and system readiness for testing. 2. Acceptable testing plan. 3. Acceptable Operation and Maintenance Manuals. 4. Receipt of Equipment Supplier's Certificate of Installation, if specified. 5. Adequate completion of Work adjacent to, or interfacing with, equipment to be tested. 6. Availability and acceptability of manufacturer's representative, when specified, to assist in testing of respective equipment, and satisfactory fulfillment of other specified manufacturers' responsibilities. 7. Equipment and electrical tagging complete. 8. All spare parts and special tools delivered to Owner. 3.03 FUNCTIONAL TESTING A. Begin testing at a time mutually agreed upon by the Owner, Engineer, and Contractor. B. Engineer will be present during test.Notify in writing Owner, Engineer, and manufacturer's representative(s) at least 10 days prior to scheduled date of functional tests. • Clean Water Services 01756 Testing, Trainingand Facility Durham AWWTF Secondary -9- h Startup01 March 2018 Treatment System Expansion Project C. Functionally test mechanical and electrical equipment, and instrumentation • and controls systems for proper operation after general startup and testing tasks have been completed. D. Demonstrate proper rotation, alignment, speed, flow,pressure,vibration, sound level, adjustments, and calibration. Perform initial checks in the presence of and with the assistance of the manufacturer's representative. E. Demonstrate proper operation of each instrument loop function including alarms, local and remote controls, instrumentation and other equipment functions. Generate signals with test equipment to simulate operating conditions in each control mode. F. Conduct continuous 8-hour test under full load conditions. Replace parts which operate improperly. G. Conduct functional tests as specified for each equipment item or system. Demonstrate correct function of all operational features and control functions. H. If, in Engineer's opinion, functional test results do not meet requirements specified, the systems will be considered as nonconforming. I. Performance testing shall not commence until the equipment or system meets the specified functional tests. 3.04 STARTUP TEST PERIOD • A. Test Reports: As applicable to the equipment furnished, certify in writing that: 1. Hydraulic structures,piping systems, and valves have been successfully tested. 2. Equipment systems and subsystems have been checked for proper installation, started, and successfully tested to indicate that they are operational. 3. Systems and subsystems are capable of performing their intended functions. 4. Facilities are ready for intended operation. 5. Instrumentation and control systems, including all alarm systems, are completely tested, calibrated, and are fully functional. B. Schedule and lead planning meetings and arrange for attendants by key major equipment manufacturer representatives as required by the Contract Documents. C. Startup Test Requirements by Unit Process: As specified in Sections 13400, Instrumentation and Control for Process Systems. 01756 Testing, Trainingand FacilityStartu • Clean Water Services 9, p Durham AWWTF Secondary -10- March 2018 Treatment System Expansion Project 3.05 PERFORMANCE TESTING • A. General: 1. Begin testing at time mutually agreed upon by the Engineer, Owner, manufacturers' representative(s), and Contractor, as appropriate. a. Engineer will be present during test. b. Notify Engineer at least 14 days prior to scheduled date of test. c. Contractor shall not start or restart a performance test on a Friday, Saturday, Sunday, or the day before an Owner observed holiday. Contractor's superintendent shall be on site for a minimum of 8 hours after the start or restart of a performance test. 2. Follow approved testing plan and detailed procedures specified. 3. Source and type of fluid, gas, or solid for testing shall be as specified. 4. Unless otherwise indicated, furnish all labor,materials, and supplies for conducting the test and taking all samples and performance measurements. 5. Prepare performance test report summarizing test method. Include test logs,pertinent calculations, and certification of performance. 3.06 PARTIAL UTILIZATION A. After successful testing of a particular equipment type or system, Owner may elect to start up a portion of the equipment or system for continuous operation • in accordance with paragraph 15.04 of the General Conditions. Such operation will not interfere with testing of other equipment and systems that may still be underway, and shall not preclude the need to startup that portion operated in combination with the rest of the facility when testing is completed. 3.07 CONTINUOUS OPERATIONS A. Owner will accept equipment and systems as substantially complete and ready for continuous operation only after successful facility startup is completed and documented, and reports submitted, and manufacturers' services completed for training of Owner's personnel excluding post startup training. Clean Water Services 01756 Testing, Training and Facility Startup Durham AWWTF Secondary -11- March 2018 Treatment System Expansion Project 3.08 SUPPLEMENTS • A. The supplements listed below, following "End of Section,"are a part of this Specification: 1. Startup and Performance Evaluation Form. 2. Equipment Supplier's Certificate of Installation. 3. CWS Electrical, Instrumentation and Control Startup Standard Procedures. 4. Example CWS Electrical & Instrumentation Submittal and Startup Schedule 5. Example Facility Startup Plan Table of Contents END OF SECTION • Clean Water Services 01756 Testing, Training and Facility Startup Durham AWWTF Secondary -12- March 2018 Treatment System Expansion Project • STARTUP AND PERFORMANCE EVALUATION FORM OWNER: PROJECT: Unit Process Description: (Include description and equipment number of all equipment and devices): Startup Procedure(Describe procedure for sequential startup and evaluation, including valves be opened/closed, order of equipment startup, etc.): Startup Requirements (Water, power, chemicals, etc.): • Evaluation Comments: CONTRACTOR Certification that Unit Process is capable of performing its intended function(s), including fully automatic operation: Firm Name: Startup Representative: Date: , 20 (Authorized Signature) END OF SUPPLEMENT • Clean Water Services 01756-Sup1 Testing, Training and Facility ty Startup Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • EQUIPMENT SUPPLIER'S CERTIFICATE OF PROPER INSTALLATION OWNER PROJECT CONTRACT NO. EQUIPMENT SPECIFICATION SECTION EQUIPMENT DESCRIPTION , Authorized representative of (Print Name) (Print Manufacturer's Name) hereby CERTIFY that (print equipment name and model with serial no.) • installed for the subject project has (have)been installed in a satisfactory manner, has (have) been tested and adjusted, and is (are)ready for final acceptance testing and operation on : Date: Time: CERTIFIED BY: (Signature of Manufacturer's Representative) Date: END OF SUPPLEMENT • Clean Water Services - 01756 Supt Testing, Training and Facility Startup Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • CWS ELECTRICAL,INSTRUMENTATION AND CONTROL STARTUP STANDARD SEQUENCE OF ACTIVITIES Owner Field Execution By Witness Test Item Specifications Submittal By Contractor(s) Contractor(s) (Yes/Optional) 1 Div 13 Pre-submittal conference Agenda 2 Div 13 & 16 Initial set—Interconnection wiring diagrams w/o approved submittals 3 Div 13 & 16 Construction set— Interconnection wiring diagrams with final approved submittals • Pre-requisite: w/ approved initial drawing set 4 Div 13 & 16 ORT 1 form filled out • Pre-requisite:w/ approved construction drawing set 5 Div 13 Calibration form preparation • Pre-requisite:w/ approved submittal 6 Div 13 Electrical continuity point-to- Optional point test(Pre-ORT 1) • Pre-requisite:Approved ORT 1 form filled out 7 Div 13 MFR field calibrate and/or Optional certify proper equipment installation and signed calibration and/or certification forms. • Pre-requisite: Completed electrical continuity test. 8 Div 13 ORT 1 Demonstration Yes—with • Pre-requisite:Signed Owner Software calibration/certification Developer& form by MFR field service Engineer reps. 9 Div 13 ORT 2 Demonstration—Conduct Yes—with by Owner Software Developer& Owner Software support by Contractor Developer • Pre-requisite:Signed ORT 1 forms by Contractor and Engineer • Clean Water Services 01756-Sup3 Testing, Training and Facility Startup Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project Owner • • Field Execution By Witness Test Item Specifications Submittal By Contractor(s) Contractor(s) (Yes/Optional) 10 Div 13 & 16 Startup Yes—with • Pre-requisite: Completed Owner Software ORT 2 by Owner Software Developer Developer END OF SUPPLEMENT • Clean Water Services 01756-Sup3 Testing, Training and Facility Startup Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project 01756 Testing,Training and Facility Startup-Supplement 5, Example Facility Startup Plan Table of Contents • LIQUID STREAM UPGRADES PROJECT CLEAN WATER SERVICES PROJECT NO. 6336 TABLE OF CONTENTS Volume I I. Introduction II. Designation of Startup and Testing Coordinator III. Safety Considerations A. Lockout/Tagout Procedures B. Confined Space Entry IV. Testing Media V. Testing and Startup Schedule A. Schedule of Operations to Perform Successful System Testing, Startup, and Performance and Acceptance Testing. 411 B. Schedule of Manufacturers Startup, Equipment Certifications and Verification of Proper Installation. C. Schedule for Submitting Final Owner's Manuals. D. Schedule for Training Owners Personnel. VI. Equipment Startup, Testing, Calibration and Functional Testing A. Gravity Pipeline Testing B. Pressure Pipeline Testing&Disinfection C. Influent Pump Station i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets iii. ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical References 1. Section 11150—Submersible Pumps 2. Section 15112—Sluice Gates 3. Section 16150—Variable Frequency Drives D. Headworks i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets iii. ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical 11111 References LSUP—Table of Contents page II. Updated 8/4/10 01756 Testing,Training and Facility Startup-Supplement 5, Example Facility Startup Plan Table of Contents 1. Section 11312—Mechanically Cleaned Bar Screens 2. Section 11313 —Screenings Washer and Compactors 3. Section 11322—Grit Separation and Classification 111 Equipment 4. Section 13190—FRP Reinforced Plastic Chemical Storage Tanks 5. Section 14630—Traveling Bridge Crane 6. Section 14556—Sluice Trough 7. Section 15109—Knife Gate Valves 8. Section 15112—Sluice Gates 9. Section 15113 — Slide Gates 10. Section 15400 -Plumbing 11. Section 15500—Heating, Ventilating, and Air Conditioning E. Grit Structure i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets iii. ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical References 1. Section 11115—Horizontal End Suction Centrifugal Pumps (Owner Furnished;Re-Built Pumps) 2. Section 11321 —Grit Removal Equipment,Forced Vortex Type • 3. Section 15097—Pinch Valves 4. Section 15102—Eccentric Plug Valves 5. Section 15112—Sluice Gates 6. Section 15113 — Slide Gates 7. Section 15550—Heating,Ventilating&Air Conditioning F. Plant Break Water System i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical References 1. Section 15494—Break Tank Water Pressure Booster Systems Volume II G. Aeration Basin No. 1 i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets 411, LSUP—Table of Contents Page 1 2 Updated 8/4/10 01756 Testing,Training and Facility Startup-Supplement 5, Example Facility Startup Plan Table of Contents • iii. ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical References 1. Section 11150—Submersible Pumps 2. Section 11510—Vertical Mixers 3. Section 11570—Fine Bubble Air Diffusion System 4. Section 15092—Industrial Butterfly Valves 5. Section 15097—Pinch Valves 6. Section 15112—Sluice Gates 7. Section 15113 —Slide Gates 8. Section 16150—Variable Frequency Drives H. Aeration Basin No. 2 i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets iii. ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical References 1. Section 11150—Submersible Pumps 2. Section 11510—Vertical Mixers 3. Section 11570—Fine Bubble Air Diffusion System 4. Section 15092—Industrial Butterfly Valves Ash 5. Section 15097—Pinch Valves 6. Section 15112—Sluice Gates 7. Section 16150—Variable Frequency Drives I. Odor System i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets iii. ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical References 1. Section 11356—Odor Control Fans J. UV System i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets iii. ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical References 1. Section 15113 —Slide Gates K. RAS PS Area Work i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets • iii. ORT 1 Verification Sheets LSUP—TableofContents Page 13 Updated 8/4/10 01756 Testing,Training and Facility Startup-Supplement 5, Example Facility Startup Plan Table of Contents iv. Equipment Verification of Proper Installation Sheets &Technical References L. Ferrous Chloride Facility i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets iii. ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical References 1. Section 11727—Liquid Chemical Feed Systems 2. Section 13190—FRP Chemical Storage Tanks M. Compressed Air System i. Control Strategy Descriptions/P&ID Drawings/Loop Drawings ii. Instrumentation Calibration Sheets iii. ORT 1 Verification Sheets iv. Equipment Verification of Proper Installation Sheets &Technical References 1. Section 11631—Compressed Air Equipment—Rotary Scroll Compressors • N. Groundwater Pumpstations • i. Clarifier, (Wet Well#3) ii. Basin Underdrain, (Wet Well AB) 1. Control Strategy Descriptions/P&ID Drawings/Loop Drawings 2. Instrumentation Calibration Sheets 3. ORT 1 Verification Sheets 4. Equipment Verification of Proper Installation Sheets & Technical References a. Section 11185—Submersible Sump And Sewage Pumps VII. Facility Startup & Commissioning Procedures A. Influent Pump Station B. Headworks C. Grit Structure D. Plant Break Water System E. Aeration Basin No. 1 F. Aeration Basin No. 2 G. Odor System H. UV System I. RASPS Area Work LSUP—Table of Contents Page 14 Updated 8/4/10 01756 Testing,Training and Facility Startup-Supplement 5, Example Facility Startup Plan Table of Contents • J. Ferrous Chloride Facility K. Compressed Air System L. Groundwater Pumpstations i. Clarifier, (Wet Well#3) ii. Basin Underdrain, (Wet Well AB) VIII. Appedix A. IO Addressing Lists B. LCP 305 C. LCP 600 D. 100LCP0103 E. 100LCP0105 F. 200LCP8501 G. 800LCP2101 H. Control Stations I. Factory Demonstration Test Forms for PLC Panels • „, ,•• • LSUP—Table of Contents Page IS Updated 8/4/10 • This Page Intentionally Blank • • • SECTION 01770 CLOSEOUT PROCEDURES PART 1 GENERAL 1.01 FINAL WALK THROUGH INSPECTION A. When the Contractor has informed the Engineer that the Work has been completed, the Contractor shall participate in a final walkthrough inspection with the Owner and Engineer at which time the final punchlist will be prepared. The punchlist shall include all previously noted preliminary punchlist items and/or noncompliance or uncompleted work items. The Contractor shall complete and sign off all punchlist items with the Engineer. 1.02 FINAL CLEANUP A. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Clean dust and debris from all new equipment, control cabinets, and electrical enclosures and components. In addition, clean dust and debris from existing equipment, control cabinets, and electrical enclosures and components affected by construction and in the following adjacent areas regardless of the source of • contamination. 1. Tunnels adjacent Aeration Basins 3 &4 2. Primary Effluent Pump Station 3. Chemical Building 4. Tertiary Clarifiers/Filters Structure. 5. Electrical Room 5020 6. Aeration Basin 3 & 4 7. Secondary Clarifiers 3 & 4 B. Final acceptance of the Work by the Owner will be withheld until the Contractor has satisfactorily performed the final cleanup of the Site. 1.03 CLOSEOUT TIMETABLE A. The Contractor shall establish dates for equipment testing, acceptance periods, and onsite instructional periods (as required under the Contract). Such dates shall be established not less than 10 days prior to beginning any of the foregoing items,to allow the Owner, the Engineer, and their authorized representatives sufficient time to schedule attendance at such activities. • Clean Water Services 01770 Closeout Procedures Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project 1.04 OPERATION AND MAINTENANCE MANUAL SUBMITTAL 41111 A. The Contractor's attention is directed to the condition that 1 percent of the Contract Price will be retained from any monies due the Contractor as progress payments, if at the 75 percent construction completion point,the approved Operation and Maintenance Manuals complying with Section 01330, Submittal Procedures,has not been submitted. The aforementioned amount will be retained by the Owner as the agreed, estimated value of the approved Operation and Maintenance Manuals. Any such retention of money for failure to submit the approved Operation and Maintenance Manuals on or before the 75 percent construction completion point shall be in addition to the retention of any payments due to the Contractor. In any event, the approved Operation and Maintenance Manuals must be available to the Engineer prior to any equipment start up and system testing. 1.05 FINAL SUBMITTALS A. The Contractor,prior to requesting final payment, shall obtain and submit the following items to the Engineer for transmittal to the Owner: 1. Written guarantees, where required. 2. Operation and Maintenance Manuals and instructions. 3. Maintenance stock items; spare parts; special tools. 4. Completed record documents (Drawings and Specifications). • 5. Preconstruction, construction and post construction videos and photos. 6. Bonds for roofing,maintenance, etc., as required. 7. Certificates of inspection and acceptance by local governing agencies having jurisdiction. 8. Correction period bonds. 9. Releases from all parties (including private property owner's whose properties were used for yard or staging areas or were damaged)who are entitled to claims against the subject project,property, or improvement pursuant to the provisions of law. 1.06 CORRECTION OF DEFECTIVE WORK A. The Contractor shall comply with the defective Work correction requirements contained in Articles 14 and 15.08 of the General Conditions. The correction period shall begin upon the Substantial Completion of entire Project. B. Replacement of earth fill or backfill,where it has settled below the required finish elevations, shall be considered as a part of such required corrective work, and any repair or resurfacing constructed by the Contractor which becomes necessary by reason of such settlement shall likewise be considered as a part of such required corrective work unless the Contractor shall have obtained a statement in writing from the affected private owner or public Clean Water Services 01770 Closeout Procedures Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • agency releasing the Owner from further responsibility in connection with such repair or resurfacing. C. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Owner. If the Contractor fails to make such repairs or replacements promptly, the Owner reserves the right to do the Work and the Contractor and its surety shall be liable to the Owner for the cost thereof. D. The Engineer will establish a Need for Warranty Service System with the Owner whereby the Owner will alert the Contractor of the need for warranty service during the 1 year Correction Period. The Contractor shall respond promptly to these requests. Should the Contractor fail to respond promptly, the Owner reserves the right to do the Work and the Contractor and its surety shall be liable to the Owner for the cost thereof. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION IP • Clean Water Services 01770 Closeout Procedures Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project • This Page Intentionally Blank • • • SECTION 01782 OPERATION AND MAINTENANCE DATA PART 1 GENERAL 1.01 SUMMARY A. The Contractor shall furnish equipment operation and maintenance (O&M) information, instructions and data in accordance with this Section and as required in the Technical Specifications of the Contract Documents. B. O&M information, instructions and data shall be provided for each maintainable material and piece of equipment where applicable information may be grouped by specification division. C. Operation and maintenance information, instructions, and data shall hereinafter be referred to as O&M Manual. 1.02 SUBMITTALS A. Number the transmittal for and O&M Manual with the original root number of the approved shop drawing for the item shall be submitted through a collaboration internet web site as identified in Section 01330. B. Submit three hardcopies until final approval is received. Submit five final approved hardcopies. C. Submit hardcopy O&M Manuals printed on 8-1/2-by 11-inch size heavy first quality paper with standard three-hole punching and bound in three-ring d- binders with rigid covers. 1. Provide binders with project name, specification section, equipment or material name, submittal version , submittal number, and date on front and spine of binder. 2. Provide table of contents 3. Tab each section of manuals per the table of contents for easy reference with plastic-coated dividers. 4. Provide index for each manual for key drawings and tables 5. Provide plastic sheet lifter prior to first page and following last page. 6. Reduce drawing or diagrams bound in manuals to an 8-1/2 by 11-inch or 11-by 17-inch size. D. Submit electronic version of O&M Manual in Adobe .PDF format. 1. All Adobe .PDF format files shall be bookmarked and searchable 2. Electronic documents shall not be scanned • Clean Water Services 01782 O&M Data Durham AWWTF Secondary -1- March 2018 Treatment System Expansion Project E. Submission of O&M Manuals is applicable but not necessarily limited to: • 1. Major equipment. 2. Equipment used with electrical motor loads of 1/6 hp nameplate or greater. 3. Specialized equipment including valves. 4. Instrumentation and control system components. 5. HVAC instrumentation and control. 6. Valves greater than 6-inch diameter. 7. Water control gates. F. Prepare O&M Manuals to include,but are not necessarily limited to,the following detailed information, as applicable: 1. Equipment function,normal operating characteristics, limiting operations. 2. Assembly, disassembly, installation, alignment, adjustment, and checking instructions. 3. Operating instructions for startup,routine and normal operation, regulation and control, shutdown, and emergency conditions. 4. Lubrication and maintenance instructions. 5. Guide to"troubleshooting." 6. Parts list and predicted life of parts subject to wear. 7. Outline, cross-section, and assembly drawings; engineering data; and electrical diagrams, including elementary diagrams, wiring diagrams, • connection diagrams, word description of wiring diagrams and interconnection diagrams. 8. Test data and performance curves. 9. A list of recommended spare parts with a price list and a list of spare parts provided under these specifications. 10. Copies of installation instructions,parts lists or other documents packed with equipment when delivered. 1.03 EQUIPMENT DATA SHEETS A. Provide equipment data sheets at the beginning of each equipment section of the O&M Manuals, summarizing the equipment manufacturer's maintenance instructions and recommendations. A blank data sheet and a sample data sheet are attached for reference. B. The Contractor shall use the same version of the equipment data sheet as provided by the Owner for all O&M manuals. Clean Water Services 01782 O&M Data • Durham AWWTF Secondary -2- March 2018 Treatment System Expansion Project • PART 2 PRODUCTS 2.01 GENERAL A. O&M Manuals shall include the names, addresses, and telephone numbers of the manufacturer,nearest representative, and nearest supplier of parts. 2.02 OPERATING INSTRUCTIONS A. Instructions,procedures, and illustrations shall be provided for the following phases of operation as applicable: 1. Safety precautions. 2. Operator prestart. 3. Startup, shutdown, and post shutdown. 4. Normal operations. 5. Emergency operations. 6. Operator service requirements. 7. Environmental conditions. 2.03 PREVENTATIVE MAINTENANCE A. The following preventative maintenance data shall be provided. 1111 1. Lubrication data, including recommended lubricants for specific temperature ranges; charts and diagrams showing lubrication points; lubricant types, grades, and capacities; and a lubrication schedule. 2. Preventative maintenance plan and schedule. 3. Completed Maintenance Summary Form and Equipment Data Sheet. See Supplements to this Section. 2.04 CORRECTIVE MAINTENANCE A. Manufacturer's recommendations shall be provided on procedures for correcting problems and making repairs, including the following: 1. Troubleshooting guides and diagnostic techniques. 2. Wiring diagrams and control diagrams, as applicable. 3. Maintenance and repair procedures. 4. Removal and replacement instructions. 5. Spare parts and supply lists. 6. Corrective maintenance man-hours. • Clean Water Services 01782 O&M Data Durham AWWTF Secondary -3- March 2018 Treatment System Expansion Project 2.05 APPENDICES A. The following additional information shall be provided: • 1. Parts identification, including labeled exploded view illustrations and parts numbers. 2. Warranty information. 3. Personnel training requirements. 4. Testing equipment and special tool information. PART 3 EXECUTION 3.01 FIELD CHANGES A. Following the acceptable installation and operation of an equipment item,the item's instructions and procedures shall be modified and supplemented by the Contractor to reflect any field changes or information requiring field data. Final Project acceptance and payment will be withheld by the Owner until final O&M Manual information reflecting field changes is submitted and accepted by the Owner. 3.02 SUPPLEMENTS A. The supplements listed below, following"End of Section," are a part of this Specification: • 1. Equipment Data Sheet. END OF SECTION Clean Water Services 01782 O&M Data • Durham AWWTF Secondary -4- March 2018 Treatment System Expansion Project 01782 Operation and Maintenance Data,Supplement 01 EQUIPMENT DATA FORM EQUIPMENT INFORMATION SHEET Page 1 • EQUIP. DESCRIPTION- DATE INSTALLED DATE STARTED EQUIP.TAG- EST.COST EST.LIFE EQUIP. LOCATION- SPECIFICATION# MFR- PHONE NUMBERS ADDRESS VENDOR MAINTENANCE REQUIREMENTS LUBE CODE* D W M Q S A HOURS • CODE LUBRICANT TYPE MANUFACTURER CODE LUBRICANT TYPE MANUFACTURER 1 2 3 • *Lube Code: D- daily, W- weekly, B- biweekly, M- monthly, Q- quarterly, S- semiannually,A - annually 01782 Operation and Maintenance Data,Supplement 01 EQUIPMENT DATA FORM EQUIPMENT INFORMATION SHEET Page 2 III RECOMMENDED SPARE PARTS ELECTRICAL NAMEPLATE DATA PART PART NAME QUANTITY EQUIP. Electric Motor TAG NO. Manufacturer: SERIAL NO. ID NO. MODEL NO. FRAME NO. HP VOLT. AMP. HZ Phase RPM Service Factor DUTY CODE Insulation Design TYPE NEMA Enclosure Misc. RATING MECHANICAL NAMEPLATE DATA III EQUIP TAG. Manufacturer: SERIAL NO. ID NO. MODEL NO. MOUNTING POS HP RPM CAP SIZE TDH IMP.SZ BELT NO. Output Tor. PSI NEMA GEAR RATIO III