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Specifications - (Volume I of V) 6 FFICE COPY CONTRACT DOCUMENTS l� w for the construction of the Dry -- Durham Advanco ., ._. ..,. :, , .., _ Wastewater 1--. „. „ . , , .. i 4 Treatment Facility • .. ..;7, A Phase 5B1 Headworks Improvements : _ Project No. 6410 f v a -.tea �' rt. .. vim +. 4 ,.. V, K -- 7.''' 'CVO" 10 J ■ ' , / p &- ---... , ..: - o to o p :1 7 0 likeRismiti .... A _ . . .., ( % Q@'Y or 1. �� m 0040 f... PO � � , C 1 ean W a te S* , -...,..: .....,.,„, . , , . _ - , _ „.,_, /i 3 75 Sw 85 T'I AVe Volume / / --.., . , v // ' .. q � ,1 Bidding Requirements t /, Contract Forms r Conditions of the Contract /� Division 1— General Requirements y . , , „. * N ■ i. q : .. H 41 1 r 44 / & vet: For information regarding this project, contact: '' � „ �e e Lynne Chicoine, (503) 872 -4527 r miti CH2MHILL ��_ .. �.Y. Ju 2010 i. CLEAN WATER SERVICES ' TUALATIN, OREGON ' BIDDING REQUIREMENTS AND CONTRACT DOCUMENTS for the construction of the DURHAM ADVANCED WASTEWATER TREATMENT FACILITY ' PHASE 5B1 HEADWORKS IMPROVEMENTS Project No. 6410 **** * * ** ' CH2M HILL Corvallis, Oregon ' June 2010 Project No. 391538 Co No. Project Copy I DURHAM PHASE 6111 I • SECTION 0 Qf) 07 - - - - SEALS PAGE, • , I PART I - PROCUREMENT REQUIREMENTS I PART - CON'TRACTING REQUIREMENTS' PART 3 8KCIFICATIONS ,,.. . ..., ' piv)iol,i;.OI -G',1 REQUIREMENTS I ' ff On 4 - 4 - ') °.----, , 4 4,,::°E 2 .:"; .) ‘ F ., , , -,„, ,,4() ,/' -,,," ' C. I I [EXPIRESI;2 - 3 i - '70 il 1 I . PART 3 -SPECIFICATIONS DIVISION.02 — SITE CONSTIWCTION I . ' ' PriV r ‚ . . , -, 0 OR .^, • ,- ., 1 .,, i:-, - • i , G I C. 11 I . . I PART 3 - SPECIFICATIONS DIVISION,03.—. CONCRETE I 15977 -A- , I c 0) . , EXPIRATION DATE; 12/31/ I . I CVO/391538A • SEALS PAGE . JUNE.2010 00007 -1 I 15URHAM PHASE.5131 I . PRO./CF:rx, I PART 3— SPECIFICATIONS DIVISION 04- MASONRY aIICTLIR I ' IF' . , 1. ' OR Ott .4 "Pt / I -7 -ARy 4i- - 9 tikme • EXPIRATION,DATE: I PART 3 — SPECIFICATIONS I DIVISION"05 - NIETALS 'ik11 CT UR4. 0 PROIre'e ' i A • 1 c,,,,_ 1 ..001 \, i . A R Y • , ''.. , - 111 N ' I IXPIRATIO DATE N ,. 12/31/Tatt: I PART 3— SPECIFICATIONS DIVISION 06 - WOOD AND F'LASTICS * 44,44, 1 t4a ‘4 --- -- 7_ ': E . te.7 JOHN E.. CA.'vl-:. ,-,: :`,1 IP 2429 0 4. COFiVALLIS, OREGON O F c k‘‘': I I SEALS PAGE CVO/391538A I 00007 - 2 JUNE 2010 I • I DURHAM PHASE 5131 I 'PART 3:- SPECIFICATIONS I ONISION 07- THERMAL AND MOISTURE PROTECTION ti lt D ilp,o, • JOHN E QAVE te I # 2429 I • • t p CORVALLIS, OREGON ',.. , c I 14ft OF I PART 3- SpECIFICATIONS DIVISION:08 - DOORS AND WINDOWS I • ,,,r)'" N,67 ''.- C.0.4C • , vP,A 4.7 JOHN E. CAVE- I 0:4 #2429 ..---g e 0, 0 diCORVALLIS, OREGON #,) - 441 OF I , PART 3 - SPECIFICATIONS I DIVISION 00 - FINISHES I , dii.ID A ..z I 04 40 JOHN 2 E 4 . 2 (... 9 0 t pCORVALLIS, OFIEGON I ,e) OF ' I I I CVO/391538A SEALS. PAGE JUNE 2010 00007 - 3 I DURHAM PHASE 5B I 1 PART 3- SPECIFICATIONS DIVISION 10 SPECIALTIES ODAn r.47 JOHN E. CAVE # 2429 t p,CORVALLIS, OREGON .k 47? OF Os PART 3- SPECIFICATIONS DIVISION 11 - EQUIPMENT A ORECON r- 151 471 8 e t ,ov 11 1 Exp 6,40, PART 3- SPECIFICATIONS DIVISION 13 - SPECIAL CONSTRUCTION PRO 0 .00 . r■ t- 1,G114 4 ORE N t 10 0 s )9 rffriWs Mob,. I SEALS PAGE CVO/391538A 00007 - 4 JUNE 2010 DURHAM PHASE 5B1 - PART - 3 - zSPECIFICATIONS - DIVISION 15 - MECHANICAL - • 1 p if 5402- PART 3- SPECIFICATIONS DIVISION 16-ELECTRICAL re,TRiC4 0PRO e / 71.86PE Q.= - Pie g IAAAA A' GREG N ,‘ 111 t v S. r Exp,RATIo DATET END OF SECTION I. CVO/391538A SEALS PAGE JUNE 2010 00007 - 5 DURHAM PHASE 5B1 I CLEAN WATER DURHAM PHASE 5B1 - HEADWORKS IMPROVEMENTS PROJECT TABLE OF CONTENTS VOLUME I ' DIVISION 0 - BIDDING REQUIREMENTS, ' CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT SECTION TITLE NO. ' 00030 ADVERTISEMENT TO BID 00100 INSTRUCTIONS TO BIDDERS ' 00300 BID FORMS 00500 AGREEMENT ' 00610 PERFORMANCE BOND 00620 PAYMENT BOND 00700 GENERAL CONDITIONS 00800 SUPPLEMENTARY CONDITIONS ' • 00810 OREGON PREVAILING WAGE RATES DIVISION 1 - GENERAL REQUIREMENTS SECTION TITLE NO. 01110 SUMMARY OF WORK 01140 WORK RESTRICTIONS 01292 SCHEDULE OF VALUES ' 01324 CONSTRUCTION SCHEDULE 01329 SAFETY PLAN t 01330 SUBMITTAL PROCEDURES 01350 SPECIAL PROCEDURES 01352 ALTERATION PROJECT PROCEDURES 01410 REGULATORY REQUIREMENTS 1 CVO/391538A TABLE OF CONTENTS JUNE 2010 00060 - 1 DURHAM PHASE 5B1 1 01424 ABBREVIATIONS 01450 QUALITY CONTROL ' 01455 SPECIAL TESTS AND INSPECTIONS SUPPLEMENT: CONTRACTOR'S STATEMENT OF RESPONSIBILITY 01500 TEMPORARY FACILITIES AND CONTROLS 01505 MOBILIZATION 01530 PROTECTION OF EXISTING FACILITIES 01532 SITE CONDITIONS SURVEYS 01535 SETTLEMENT MONITORING 01555 SITE ACCESS AND STORAGE 01560 TEMPORARY ENVIRONMENTAL CONTROLS 01570 EROSION AND SEDIMENT CONTROL ' 01600 PRODUCT REQUIREMENTS 01612 SEISMIC ANCHORAGE AND BRACING 1 01614 WIND DESIGN CRITERIA 01640 MANUFACTURERS' SERVICES SUPPLEMENT: OUTLINE OF TRAINING SESSION 01732 CUTTING AND PATCHING ' 01738 SELECTIVE DEMOLITION 01756 TESTING, TRAINING, AND FACILITY STARTUP ' SUPPLEMENT: STARTUP AND PERFORMANCE EVALUATION FORM SUPPLEMENT: EQUIPMENT SUPPLIER'S CERTIFICATE OF INSTALLATION SUPPLEMENT: CWS ELECTRICAL, INSTRUMENTATION AND CONTROL STARTUP STANDARD PROCEDURES 01770 CLOSEOUT PROCEDURES ' 01782 OPERATION AND MAINTENANCE DATA SUPPLEMENT: EQUIPMENT DATA SHEET ' SUPPLEMENT: SAMPLE EQUIPMENT DATA SHEET 1 TABLE OF CONTENTS CVO/391538A 00060 - 2 JUNE 2010 I DURHAM PHASE 5B 1 I VOLUME II - - I DIVISION 2 - SITEWORK SECTION TITLE I NO. 02200 SITE CLEARING I 02240 DEWATERING 02260 SHORING I 02315 EXCAVATION 02316 FILL AND BACKFILL I 02319 SUBGRADE PREPARATION 02320 TRENCH BACKFILL I 02370 SOIL STABILIZATION 02533 MANHOLES • I 02631 CATCH BASINS 02632 STORM DRAIN, SANITARY SEWER, AND DRAINAGE PIPING 0 02632 -03 POLYVINYL CHLORIDE (PVC) DATA SHEET 02632 -05 REINFORCED CONCRETE DATA SHEET I 02710 AGGREGATE BASE COURSES 02771 CURBS, GUTTERS, AND SIDEWALKS I 02772 ASPHALT PAVING 02821 CHAIN LINK FENCES AND GATES • I DIVISION 3 - CONCRETE I SECTION NO. TITLE 03100 CONCRETE FORMING AND ACCESSORIES I 03210 REINFORCING STEEL I 03251 CONCRETE JOINTS AND ACCESSORIES 03300 CAST -IN -PLACE CONCRETE 03355 CONCRETE FINISHING I 03370 CONCRETE CURING CVO/391538A TABLE OF CONTENTS JUNE 2010 00060 - 3 DURHAM PHASE 5B1 - i 03400 PRECAST CONCRETE 03600 NONSHRINK GROUTING ' SUPPLEMENT: 24 -HOUR EVALUATION OF NONSHRINK GROUT TEST FORM AND GROUT TESTING PROCEDURES 03720 REPAIR OF VERTICAL AND OVERHEAD CONCRETE SURFACES 03722 REPAIR OF HORIZONTAL CONCRETE SURFACES ' 03740 CRACK REPAIR EPDXY INJECTION GROUTING DIVISION 4 - MASONRY SECTION NO. TITLE 04230 CONCRETE MASONRY UNIT ' DIVISION 5 - METALS 1 SECTION NO. TITLE 05050 WELDING SUPPLEMENT: WELDING AND NONDESTRUCTIVE TESTING ' TABLE 05500 METAL FABRICATIONS 05520 METAL RAILINGS 05530 METAL GRATINGS 05810 EXPANSION JOINT COVER ASSEMBLIES 111 1 DIVISION 6 - WOOD PLASTIC COMPOSITES SECTION NO. TITLE 06100 ROUGH CARPENTRY 1 TABLE OF CONTENTS CVO/391538A 00060 - 4 JUNE 2010 I DURHAM PHASE 5B1 I DIVISION - 7 - THERMAL AND MOISTURE PROTECTION I SECTION NO. TITLE I 07530 ETHYLENE- PROPYLENE - DIENE- MONOMER (EPDM) ROOFING 07620 SHEET METAL FLASHING AND TRIM I 07700 ROOF SPECIALTIES AND ACCESSORIES 07900 JOINT SEALANTS I DIVISION 8 - DOORS AND WINDOWS I SECTION NO. TITLE I 08001 DOOR AND HARDWARE SCHEDULE SUPPLEMENT: DOOR AND HARDWARE SCHEDULE I SUPPLEMENT: DOOR TYPES SUPPLEMENT: DOOR FRAME TYPES 08002 RELIGHT SCHEDULE . SUPPLEMENT: RELIGHT SCHEDULE I SUPPLEMENT: RELIGHT TYPES 08110 METAL DOORS AND FRAMES 08333 OVERHEAD COILING DOORS I 08710 DOOR HARDWARE 08800 GLAZING I 08950 TRANSLUCENT PANEL SKYLIGHT ASSEMBLIES I DIVISION 9 - FINISHES I SECTION NO. TITLE 09000 SCHEDULES FOR FINISHES I SUPPLEMENT: INTERIOR FINISH SCHEDULE I I CVO/391538A TABLE OF CONTENTS I JUNE 2010 00060 - 5 DURHAM PHASE 5B1 1 09900 PAINTING AND COATING SUPPLEMENT: PAINT SYSTEM DATA SHEET (PSDS) PAINT PRODUCT DATA SHEET (PPDS) DIVISION 10 - SPECIALTIES SECTION NO. TITLE 10400 SIGNAGE SUPPLEMENT: SIGNAGE FOR EXISTING PANELS AND EQUIPMENT SUPPLEMENT: SIGN SCHEDULE 10520 PORTABLE FIRE AND SAFETY EQUIPMENT 10999 MISCELLANEOUS SPECIALTIES VOLUME III DIVISION 11- EQUIPMENT SECTION NO. TITLE 11211 HORIZONTAL SPLIT -CASE CENTRIFUGAL PUMPS SUPPLEMENT: HORIZONTAL SPLIT -CASE CENTRIFUGAL PUMPS EQUIPMENT SIGNAGE SUPPLEMENT: NPW PUMP 3 DATA SHEET 1 11282 FABRICATED SLIDE GATES SUPPLEMENT: FABRICATED SLIDE GATES EQUIPMENT ' SIGNAGE SUPPLEMENT: SLIDE GATE SCHEDULE 11322 CYCLONE SEPARATOR AND GRIT WASHER SUPPLEMENT: CYCLONE SEPARATOR AND GRIT WASHER EQUIPMENT SIGNAGE SUPPLEMENT: GRIT CLASSIFIER 1 AND 2 INDUCTION MOTOR DATA SHEET TABLE OF CONTENTS CVO/391538A 00060 - 6 JUNE 2010 DURHAM PHASE 5B1 11331 MULTIPLE - RAKE BAR SCREENS ' SUPPLEMENT: MULTIPLE RAKE BAR SCREENS EQUIPMENT SIGNAGE ' 11340 SCREW -TYPE SCREENINGS WASHER COMPACTOR SUPPLEMENT: SCREW -TYPE SCREENINGS WASHER COMPACTOR EQUIPMENT SIGNAGE ' SUPPLEMENT: VULCAN INDUSTRIES, INC., SCOPE OF SUPPLY, SECTION 11340, SCREW TYPE SCREENINGS ' WASHER COMPACTOR WITH LUMP SUM PRICE 11400 HOT WATER GENERATOR SYSTEM SUPPLEMENT: HOT WATER GENERATOR SYSTEM ' EQUIPMENT SIGNAGE DIVISION 13 - SPECIAL CONSTRUCTION t SECTION NO. TITLE 13400 INSTRUMENTATION AND CONTROL FOR PROCESS SYSTEMS SUPPLEMENT: OPERATIONAL READINESS TESTING ' (ORT - PART 1) SUPPLEMENT: INSTRUMENTATION CALIBRATION SHEET - SAMPLE ' SUPPLEMENT: PERFORMANCE ACCEPTANCE TEST SHEET SUPPLEMENT: INSTRUMENTATION AND CONTROL ' COMPONENTS EQUIPMENT SIGNAGE SUPPLEMENT: NEW PLC I/O ' SUPPLEMENT: EXISTING PLC -3 I/O TO BE REMOVED OR RE -USED / RE- CONNECTED ' 13530 INSTRUMENTATION AND CONTROL COMPONENTS SUPPLEMENT: INSTRUMENT LIST ' 13532 PANELS, ENCLOSURES, AND PANEL COMPONENTS SUPPLEMENT: CONTROL PANEL SCHEDULE ' 13533 PROGRAMMABLE LOGIC CONTROLLER HARDWARE SUPPLEMENT: PLC EQUIPMENT LIST 1 CVO/391538A TABLE OF CONTENTS JUNE 2010 00060 - 7 DURHAM PHASE 5B1 13540 CONTROL LOOP DESCRIPTIONS SUPPLEMENT: SCREENINGS SYSTEM OVERVIEW AND SEQUENCING SUPPLEMENT: INFLUENT UPWELL LEVEL SUPPLEMENT: SCREENINGS CHANNEL INLET AND OUTLET GATES SUPPLEMENT: BAR SCREENS SUPPLEMENT: SLUICE TROUGH SUPPLEMENT: HOT WATER GENERATION SYSTEM I SUPPLEMENT: WASHER/COMPACTOR ISOLATION GATES SUPPLEMENT: SCREENINGS WASHER/COMPACTOR SUPPLEMENT: GRIT SYSTEM OVERVIEW AND MASTER CONTROL SUPPLEMENT: GRIT BASIN PISTA UNITS SUPPLEMENT: AIR SCOUR VALVES SUPPLEMENT: WATER SCOUR VALVES • SUPPLEMENT: GRIT PUMPS SUPPLEMENT: GRIT CLASSIFIERS SUPPLEMENT: CROSS CONVEYOR SUPPLEMENT: ODOR CONTROL FAN 1 SUPPLEMENT: HEADWORKS BUILDING MAKEUP AIR UNIT SUPPLEMENT: HEADWORKS BUILDING ENVIRONMENTAL MONITORING SUPPLEMENT: NON - POTABLE WATER PUMPS SUPPLEMENT: NON - POTABLE WATER STRAINER 13550 PACKAGE CONTROL SYSTEMS ' DIVISION 15 - MECHANICAL - 1 SECTION NO. TITLE 15060 PIPING SUPPORT SYSTEMS 15085 MECHANICAL INSULATION 1 15100 PLUMBING PIPING AND ACCESSORIES TABLE OF CONTENTS CVO/391538A 00060 - 8 JUNE 2010 DURHAM PHASE 5B1 15200 PROCESS PIPING - GENERAL 15200 -01 CEMENT - MORTAR -LINED DUCTILE IRON PIPE AND FITTINGS DATA SHEET ' 15200 -03 CARBON STEEL PIPE AND FITTINGS - GENERAL SERVICE DATA SHEET 15200 -04 CAST IRON SOIL PIPE (CISP) AND FITTINGS DATA SHEET ' 15200 -08 STAINLESS STEEL PIPE AND FITTINGS - GENERAL SERVICE DATA SHEET ' 15200 -10 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS DATA SHEET 15200 -13 COPPER AND COPPER ALLOY PIPE, TUBING, AND FITTINGS DATA SHEET 15200 -19 HIGH DENSITY POLYETHYLENE (HDPE) PIPE DATA SHEET 15200 -23 ACID - RESISTANT POLYPROPYLENE WASTE AND VENT PIPE AND FITTINGS DATA SHEET ' 15202 PROCESS VALVES AND OPERATORS SUPPLEMENT: PROCESS VALVES AND OPERATORS EQUIPMENT SIGNAGE SUPPLEMENT: POWER OPERATED VALVE SCHEDULE SUPPLEMENT: SELF - REGULATED VALVE SCHEDULE 15205 PROCESS PIPING SPECIALTIES SUPPLEMENT: PROCESS PIPING SPECIALTIES EQUIPMENT SIGNAGE 15830 HVAC SUPPLEMENT: HVAC EQUIPMENT SIGNAGE 15850 AIR OUTLETS AND INLETS 15890 DUCTWORK AND ACCESSORIES 15892 FOUL AIR DUCTWORK AND ACCESSORIES ' 15950 TESTING, ADJUSTING, AND BALANCING FOR HVAC 15955 PROCESS PIPING LEAKAGE TESTING i i CVO/391538A TABLE OF CONTENTS JUNE 2010 00060 - 9 DURHAM PHASE 5B1 I DIVISION 16 - ELECTRICAL I SECTION TITLE NO. I 16010 ELECTRICAL WORK, GENERAL 16015 ELECTRICAL IDENTIFICATION I 16050 BASIC ELECTRICAL MATERIALS AND METHODS 16060 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS I 16080 COMMISSIONING OF ELECTRICAL SYSTEMS 16120 CONDUCTORS I 16130 RACEWAY AND BOXES . 16220 LOW- VOLTAGE AC INDUCTION MOTORS I 16288 SURGE PROTECTIVE DEVICES 16310 SECONDARY SUBSTATIONS SUPPLEMENT: SECONDARY SUBSTATIONS EQUIPMENT SIGNAGE 16340 MEDIUM- VOLTAGE SWITCHGEAR 1 4 SUPPLEMENT: MEDIUM- VOLTAGE SWITCHGEAR EQUIPMENT SIGNAGE 1 16412 AUTOMATIC TRANSFER SWITCHES SUPPLEMENT: AUTOMATIC TRANSFER SWITCH EQUIPMENT I SIGNAGE 16431 PROTECTIVE DEVICE STUDIES I 16440 LOW - VOLTAGE MOTOR CONTROL SUPPLEMENT: LOW - VOLTAGE MOTOR CONTROL EQUIPMENT SIGNAGE 16442 PANELBOARDS SUPPLEMENT: PANELBOARDS EQUIPMENT SIGNAGE I 16455 VARIABLE FREQUENCY DRIVE UNITS I I I TABLE OF CONTENTS CVO/391538A 00060 - 10 JUNE 2010 I DURHAM PHASE 5B1 I 16460 LOW - VOLTAGE TRANSFORMERS ' SUPPLEMENT: LOW- VOLTAGE TRANSFORMERS EQUIPMENT SIGNAGE 16500 LIGHTING ' VOLUME IV DRAWINGS 1 VOLUME V ' DESIGN DETAILS ' END OF SECTION 1 1 I CVO/391538A TABLE OF CONTENTS JUNE 2010 00060 - 11 DURHA M PHASE 5B1 SECTION 00030 ADVERTISEMENT TO BID RECEIPT OF BIDS: Sealed Bids will be received by Randy Naef, Project Manager, at the office of Clean Water Services (Owner) located at the Durham Advanced Wastewater Treatment Facility (Durham), 16060 S.W. 85th Avenue, Tigard, Oregon 97224 (Owner's office), until 2:00 p.m. local time, on July 7, 2010, for the Durham Facility Phase 5B1 ' Headworks Improvements Project, Project No. 6410 (Project). Any Bids received after the specified time and date will not be considered. No electronic submissions will be accepted. First -Tier Subcontractor Disclosure Forms must be delivered to the same location at or before 4:00 p.m. local time on the same day in a separate envelope from the Bid. OPENING OF BIDS: The Bids will be publicly opened and read at 4:00 p.m. local time on ' July 7, 2010, at Owner's office.. COMPLETION OF WORK: The Work must be substantially complete by December 19, ' 2011. DESCRIPTION OF WORK: The Work is a public works project subject to ORS 279C.800 to 279C.870 or 40 U.S.C. Section 3141, et seq. The Work under this Contract will consist of, but is not limited to the following: Furnishing all labor, materials and equipment necessary to expand the Durham headworks including constructing a new building with washer compactor and electrical rooms, installing new washer compactors, replacing the grit cyclones and classifiers, replacing bar screens, a sluice trough for screenings conveyance and constructing associated HVAC, odor control, and plumbing elements. The Work includes replacing the NPW pump, flowmeter, and strainer. The Work includes demolishing selected roadways, gates, landscaping, signage and electrical elements in the general area of construction. The Work includes furnishing and installing related equipment, storm sewers, conduits, electrical, instrumentation and control, site work and other appurtenances necessary to complete the Work and to provide a complete and functional system constructed in accordance with the Bidding Documents. SITE OF WORK: The site of the Work is the Durham Advanced Wastewater Treatment • Facility, 16060 and 16580 S.W. 85th Avenue, Tigard, Oregon 97224 (Site). ESTIMATED CONSTRUCTION COST: The estimated construction cost of the Work is $6,000,000. OBTAINING BIDDING DOCUMENTS: The Bidding Documents are entitled "Durham ' Facility Phase 5B1 Headworks Improvements Project, Project No. 6410." CVO/391538A ADVERTISEMENT TO BID ' JUNE 2010 00030 - 1 DURHAM PHASE 5B1 The following plan room services have received sets of Bidding Documents for the Work: Oregon Contractor Plan Center " P.O. Box 477 14625 S.E. 82 Drive Clackamas, Oregon 97015 ' Telephone: 503/650 -0148 Fax: 503 /650 -8273 McGraw Hill Construction Plan Center 3461 N.W. Yeon Avenue • Portland, Oregon 97210 -1535 Telephone: 1- 800 -503 -5676 Fax: 1- 800 -503 -5702 Electronic Distribution Only: Daily Journal of Commerce Portland Plan Center Telephone: 503/274 -0624 Bidding Documents may be examined at the Engineer's office, CH2M HILL, Inc., 1 2020 S.W. 4th Avenue, 3rd Floor, Portland, Oregon 97201 (Engineer). Copies of Bidding Documents may be purchased and picked up from Willamette Blueprint Company in Portland, Oregon; e-mail at orderdesk@wpbinc.com or Telephone 503/223 -5011. Half -size drawings and specs are $250.00 per set and full -size drawings are available at cost of reproduction and handling, plus postage for mailing (if mailing is requested). Return of the documents is not required, and the amount paid for the documents is nonrefundable. BID SECURITY: Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the Lump Sum Price payable to Owner as a guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A Bid shall not be considered unless one of the forms of Bidder's security is enclosed with it. Each Bid must contain a statement as to whether a Bidder is a Resident Bidder as defined by ORS 279A.120. BIDS TO REMAIN OPEN: The Bidder shall guarantee the Lump Sum Price for a period of ' 60 calendar days from the date of Bid opening. PREBID CONFERENCE AND VISIT TO SITE: Prospective bidders are encouraged to ' attend a prebid conference and site visit that will begin at 9:00 a.m. and last until approximately 11:00 a.m. local time on June 23, 2010. The conference will be held at the Owner's Office, and will be followed by the Site visit. The purpose of the conference and Site, visit is to discuss the scope of the Project and bidding requirements and to acquaint Bidders with Site conditions. Detailed technical questions may be submitted in writing but they will be answered, if warranted, by addenda later. Oral statements may not be relied upon and will not be binding or legally effective. 1 ADVERTISEMENT TO BID CVO/391538A 00030 - 2 JUNE 2010 ' DURHAM PHASE 5B1 ADMINISTRATIVE AND TECHNICAL ISSUES: To view and- obtain Biddin g Documents and the plan holders list, contact Willamette Blueprint Company. To obtain Bid results, and fulfill other administrative issues and address technical issues, contact the Engineer: CH2M HILL, Inc. Ms. Lynne Chicoine, P.E. 2020 S.W. 4th Avenue — 3rd Floor ' Portland, OR 97201 Telephone: 503- 235 -5000 lynne.chicoine @ch2m.com BIDDER LICENSING: Prior to submission of its Bid, Bidder shall be licensed with the Oregon Construction Contractors Board as required by ORS 701.055, and thereafter comply ' with the requirements of ORS 701.035 to 701.137. Bidders need not be licensed under ORS 468A.720 (regarding licensing of contractors on projects involving asbestos abatement). BIDDER QUALIFICATIONS: Bidders shall be qualified in accordance with the applicable parts of ORS 279C in order to submit a Bid for public work in Oregon. OWNER'S RIGHTS RESERVED: Owner reserves the right to cancel this solicitation or reject any or all Bids not in compliance with all prescribed public bidding procedures and requirements, or when Owner finds the Bidder has not demonstrated its responsibility to District as required by ORS 279C.375(3)(b) as that term is used in any applicable Owner's Purchasing Rules and ORS 279A.010(1)(r). Owner may reject all Bids upon a finding by Owner that it is in the public interest to do so. Dated this day of , 2010 ' Clean Water Services END OF SECTION CVO/391538A ADVERTISEMENT TO BID JUNE 2010 00030 - 3 DURHAM PHASE 5B1 SECTION 00100 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 assigned to them in the ' General Conditions. Certain additional terms used in the Bidding Documents have the meanings indicated below which are applicable to both the singular and plural thereof. ' 1.2. Bidder - -One who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a price or quote to a Bidder. ' 1.3. 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 must be used in preparing Bids. Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents. 2.2. Full -size Drawings may be obtained from Willamette Blueprint Company at cost of reproduction and handling, plus postage for mailing (if mailing is requested). ' Drawings will only be made available to firms on the Bidding Document Holders List having complete sets of Bidding Documents. ' 2.3. Bidding Documents made available on the above terms are only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ' 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 7 days after Owner's written request, evidence such as financial data, previous experience, present commitments, and other such data as may be called for in the ' Bidding Documents. 3.2. 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. Bidders for public Work in Oregon shall be qualified in conformance with ORS Chapter 279C. CVO /391538A INSTRUCTIONS TO BIDDERS JUNE 2010 00100 - 1 DURHAM PHASE 5B1 right to seek additional herein will prejudice Owner's ri 3.4. Nothing indicated e p � g pertinent information as is provided in Article 14 — Evaluation of Bids of this Section. 3.5. Bidders and every subcontractor performing Work on the Project must have filed with the 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 279C.836(4), (7), (8), or (9). 4. LICENSING 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 i ORS 701.055, prior to submitting a Bid to do Work as a contractor or subcontractor. 5. ENVIRONMENTAL AND NATURAL RESOURCES LAWS AND REGULATIONS. 5.1. Bidder's attention is directed to the General Requirements and Supplementary I Conditions for ordinances and regulations dealing with the prevention of pollution and preservation of natural resources which may affect the performance of the Work. Bidder shall take such ordinances and regulations into consideration in preparation and submission of its Bid. 6. INTERPRETATIONS AND ADDENDA. 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to the Engineer. Questions shall be submitted in writing only (i.e., mail, fax or e- mail). Additions, deletions, or revisions to the Bidding Documents considered necessary by the Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Owner as having received the Bidding Documents. Questions received less than 10 days prior to the date of Bids may not be answered. Only answers to such questions issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to make other additions, deletions, or revisions to the Bidding Documents. Bidders shall acknowledge receipt of all Addenda on the Bid Form in the appropriate space. 6.3. Bidders shall make no special interpretation or inference of intent from differing formats in the Technical Specifications. • I INSTRUCTIONS TO BIDDERS CVO/391538A 00100 - 2 JUNE 2010 DURHAM PHASE 5B1 7. BIDDER'S EXAMINATION OF BIDDING DOCUMENTS AND SITE. ' 7.1. It is the responsibility of each Bidder before submitting a Bid: A. To examine thoroughly the Bidding Documents and other related data ' identified in the Bidding Documents; B. To visit the Site to become familiar with local conditions that may ' affect cost, progress, or performance of the Work; C. To consider federal, state, and local Laws and Regulations that may ' affect cost, progress, or performance of the Work; . D. To study and carefully correlate the Bidder's observations with the Bidding Documents; and E. To promptly notify the Engineer of all conflicts, errors, ambiguities, or discrepancies in or between the Bidding Documents and such other related data. ' 7.2. Copies of reports and drawings utilized by the Engineer in the preparation of the Bidding Documents will be made available by the Owner to any Bidder on request at cost of reproduction and handling, plus postage for mailing (if mailing is requested), if the reports and drawings are not bound herein. Those reports and drawings are not part of the Bidding Documents, but the technical data contained therein upon which the Bidder is entitled to reasonably rely, as provided in Paragraph SC -4.02 of the ' Supplementary Conditions, are incorporated herein by reference. 7.3. Information and data reflected in the Bidding Documents with respect to underground facilities at or contiguous to the Site are based upon information and data furnished to the Owner and Engineer by the owners of such underground facilities or others, and the Owner does not assume responsibility for the accuracy or ' completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. ' 7.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities, and other physical conditions, and possible changes in the Bidding Documents due to differing ' conditions appear in Paragraphs 4.02 through 4.04 of the General Conditions. 7.5. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or ' obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and underground facilities) at or contiguous to the Site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Bidding Documents. CVO/391538A INSTRUCTIONS TO BIDDERS ' JUNE 2010 • 00100 -3 DURHAM PHASE 5B1 t minimum of 2 days in advance, the Owner will 7.6. On request, a y provide each p Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Location of any excavation or boring shall be subject to prior approval of Owner and applicable agencies. Bidder shall fill all holes, restore all pavement to match existing structural section, and shall clean up and restore the Site to its former condition upon completion of such explorations. 7.7. The lands upon which the Work is to be performed, rights -of -way, and ' easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Bidding Documents: All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Bidding Documents. 7.8. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Paragraph 7 and the following: A. That the Bid is premised upon performing the Work required by the 1 Bidding Documents without exception and such means, methods, techniques, sequences, or procedures of construction (if any) as may be required by the Bidding Documents; B. That Bidder has given Engineer written notice of all known conflicts, errors, ambiguities, and discrepancies in the Bidding Documents and the written resolution thereof by Engineer is acceptable to the Bidder; and I C. That the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 8. SUBCONTRACTORS, SUPPLIERS, AND OTHERS. 8.1. ORS 279C.370 requires Bidders for Public Improvement Projects exceeding $100,000 to submit a disclosure form identifying first -tier Subcontractors that will furnish labor or labor and materials equal to 5 percent of total Contract Price, but at least $15,000; or $350,000, regardless of percentage of total Contract Price. If no Subcontractors are subject to the disclosure requirements, "NONE" shall be indicated on the form to be provided. Subcontractor disclosure not submitted with the Bid shall be submitted within 2 working hours of Bid closing. If Bidder fails to submit a disclosure form with the information required by the stated deadline, the Bid will be • rejected. 1 INSTRUCTIONS TO BIDDERS CVO/391538A 00100 - 4 JUNE 2010 ' y . ' DURHAM PHASE 5B1 8.2. The - definition of a Subcontractor does not include Suppliers who provide - - PP P ' materials only. 8.3. If the Successful Bidder declines to make a substitution of Subcontractor, ' Supplier, person, or organization acceptable to Owner, as required by Paragraph 6.06.B of the General Conditions, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and ' other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom Owner or Engineer does ' not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner or Engineer subject to revocation of such acceptance after the effective date of the Agreement as provided in General Conditions Paragraph 6.06.B. ' 9. WAGE RATES /BOLI FEE. 9.1. The Work under these Bidding Documents is to be paid for by public funds. This is a public works project subject to the state prevailing rates of wage under ORS 279C.800 to 279C.870. Unless otherwise exempt, prevailing wage rates must be ' paid by Contractor and any Subcontractor on the Project in accordance with ORS 279C.838, ORS 279C.840, or the Davis -Bacon Act (40 U.S.C. Section 3141 et seq.). The applicable Oregon minimum prevailing wage rates for such workers are 01/ contained in the publication January 1, 2010 Prevailing Wage Rates For Public Works Contracts in Oregon dated January 1, 2010, as amended by the April 1, 2010 Amendment (see links at http:// www.oregon.gov/boli /whdlpwr /pwr state.shtml), ' available at http: / /www.oregon.gov/boli and are hereby incorporated herein as of the date these Bidding Documents were first advertised. ' 9.2. 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. 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. 3141 et seq, the Bidder's signing of the Bid constitutes compliance with this Oregon Statute. 9.3. Owner shall be responsible for paying the fee required by ORS 279C.825(1) to ' the Commissioner of the Bureau of Labor and Industries. 10. BID FORMS. ' 10.1. The Bid shall be submitted on the Bid Forms provided herein. All blanks on the Bid Forms shall be completed by typing or printed in ink. All price information shall be shown in both words and figures where required. All names must be printed below the signatures. The Bid shall be submitted in a sealed envelope which shall be plainly marked in the upper left hand corner with the name and address of the Bidder ' and shall bear the words "BID FOR" followed by the title of the Bidding Documents CVO /391538A INSTRUCTIONS TO BIDDERS ' JUNE 2010 00100 - 5 DURHAM PHASE 5B1 for the Work, the name of Owner, the address where Bids are to be delivered or mailed to, and the date and hour of opening of Bids. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 10.2. First -Tier Subcontractor Disclosure Forms must be delivered to the same ' location for delivery of the Bids within two hours of the specified time for receipt of Bids. 10.3. Bidder's state Contractor license number for the State of Oregon shall be shown on the Bid Form. 10.4. Each Bid must identify whether the Bidder is a resident bidder, as defined by ORS 279A.120, by completing and submitting the Resident/Nonresident Bidder Status Form. 10.5. Bidder shall complete the Noncollusion Affidavit and submit it with its Bid. 10.6. The Bid Form contains a Major Product or System Schedule with alternates for certain products or systems acceptable to Owner. Bidders shall submit a bid price to furnish and install the first listed alternate (Alternate A) in each section to be 1 considered responsive. Bidders may also submit a bid price for one or more of the listed alternates in each section. Bidder may propose and price an "or equal" alternate when indicated. 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. After award of the Contract, Owner will select the alternates to be furnished and installed based on cost, quality, and other factors that best serve the interest of the Owner. 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. 10.7. The design is based on the first (Alternate A) listed manufacturer for each item. The costs associated with furnishing and installing each proposed item shall be ' included in the "Amount Bid" column. If Owner selects a Bidder - proposed alternate manufacturer for an item other than Alternate A, the Bidder shall furnish and install the product or system for the Amount Bid indicated, including the cost of: 1) any required engineering redesign; 2) any electrical, mechanical, or structural modifications to adjacent and interfacing equipment necessary to make the several parts fit together; 3) licensing fee; and 4) additional construction and other costs resulting from the allowed alternate. 11. BID CERTIFICATES. ' 11.1. Bids by corporations must be executed in the corporate name by the president, a vice - president, or other corporate officer. The Bid shall be accompanied by the enclosed Certificate of Authority to sign, and shall be attested by the secretary or 1 INSTRUCTIONS TO BIDDERS CVO/391538A 00100 - 6 JUNE 2010 DURHAM PHASE 5B1 assistant secretary. The corporate address and state of incorporation must appear ' below the signature. 11.2. Bids by partnerships must be executed in the partnership name and be signed ' by a managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the partnership must appear below the signature. ' 11.3. Bids by joint ventures must be executed in the joint venture name and be signed by a joint venture managing partner, accompanied by the enclosed Certificate of Authority to sign, and his /her title must appear under the signature and the official address of the joint venture must appear below the signature. ' 12. DISQUALIFICATION OF BIDDERS. 12.1. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. if Owner ' believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If Owner believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the Work. 13. QUANTITIES OF WORK (NOT APPLICABLE). 14. EVALUATION OF BIDS. 14.1. Owner will evaluate Bids to determine which responsible Bidder has made the lowest responsive Bid. Owner will make this evaluation in accordance with the Bidding Documents and applicable law. Owner may reject a Bid when it is in the public interest to do so, or when Owner finds the Bidder has not demonstrated its responsibility to District as required by ORS 279C.375(3)(b) and as term is used in ' any applicable Owner's Purchasing Rules and ORS 279A.010(1)(r). Owner may also reject Bids from Bidders declared ineligible under ORS 279C.860, from Bidders listed as not qualified by the State of Oregon Construction Contractors Board, from ' Bidders that have not met the requirements of ORS 279A.105(1), (2) or (3), and for other circumstances that indicate acceptance of the Bid may impair the integrity of the selection process. ' 14.2. Owner reserves its right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, nonresponsive, unbalanced or conditional ' Bids, and to reject the Bid of any Bidder if Owner believes that it would not be in the public interest to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet ' any other pertinent standard or criteria established by Owner. Owner reserves the right to reject all Bids and rebid the Project if it is in the public interest to do so in CVO /391538A INSTRUCTIONS TO BIDDERS JUNE2010 00100 -7 DURHAM PHASE 5B1 accordance with ORS 279C.395. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work. 14.3. In evaluating Bids, Owner will consider the qualifications of Bidders, whether g � q or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. Owner shall have the right to accept alternates in any order or combination, unless otherwise provided in the Bidding Documents. 14.4. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which the identity was required. Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice of Award. , 14.5. Owner may conduct such investigations as Owner deems necessary to assist in Bid evaluation and to establish responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to execute Work in accordance with the Bidding Documents to Owner's satisfaction within the prescribed time. 14.6. In determining the lowest responsible Bidder, Owner will for the purpose of awarding the Contract, add a percent increase on the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to that Bidder in the state in which the Bidder resides. 14.7. If, at the time this Contract is to be awarded, the total of the lowest acceptable Bid exceeds the funds then estimated by Owner as available, Owner may reject all Bids or take such other action as best serves Owner's interests. 14.8. In the event of failure of the Successful Bidder to sign the Agreement and provide acceptable Performance and Payment Bond(s), insurance certificate(s), and , other required documents, Owner may award the Contract to the next lowest responsive, responsible Bidder. 15. SUBMISSION OF BIDS. 15.1. The Bid shall be delivered by the time and to the place stipulated in the , Advertisement To Bid. It is the Bidder's sole responsibility to see that its Bid is received in proper time and at the proper place. 16. BID SECURITY, BONDS, AND INSURANCE. 16.1. Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Advertisement To Bid. The check or bond shall be made payable to Owner and shall be given as a guarantee that the Bidder, if INSTRUCTIONS TO BIDDERS CVO/391538A 00100 -8 JUNE2010 , DURHAM PHASE 5B1 awarded- the -Work will enter into an Agreement with Owner, and will furnish the - -- I necessary insurance certificates, Payment Bond, and Performance Bond; each of the bonds to be in the amount stated in the General Conditions and Supplementary Conditions and copies of Public Works Bonds. In case of refusal or failure to enter I into the Agreement, the check or Bid Bond, as the case may be, shall be forfeited to Owner. If the Bidder elects to furnish a Bid Bond as its Bid security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. Bid Bonds shall comply with the requirements applicable to payment and I performance bonds in the General Conditions. I 17. . DISCREPANCIES IN BIDS. 17.1. The Bid Form contains more than one Bid Schedule. The Bidder shall furnish a I price for the Lump Sum Work and all Alternate A Bid items in the Major Product or System Schedule. 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 I 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 I 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 0 accordingly, and the Bidder shall be bound by the correction. In the case of discrepancies between figures and written words, words shall govern. I 18. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. 18.1. Unauthorized conditions, limitations, or provisos attached to the Bid shall I render it informal and may cause its rejection as being non - responsive. The Bid • Forms shall be completed without interlineations, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, telephonic or electronic Bids or modifications will not be considered. I 19. WITHDRAWAL OF BID. I 19.1. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Advertisement To Bid for receipt of Bids prior 1 to the scheduled closing time for receipt of Bids. 19.2. If within 24 hours after Bids are opened, any Bidder files a duly signed, written I 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, I Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, Bidder will be disqualified from further consideration on the Work to be provided under the I Contract Documents. CVO/391538A INSTRUCTIONS TO BIDDERS JUNE 2010 00100 - 9 DURHAM PHASE 5B1 20. AWARD OF CONTRACT. 20.1. Award of the Contract, if awarded, will be made to the lowest responsive, responsible Bidder whose Bid complies with the requirements of the Bidding Documents. Unless otherwise specified, any such award will be made within the period stated in the Advertisement To Bid that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, Owner will award all Schedules. ' 21. RETURN OF BID SECURITY. 21.1. Within 14 days after award of the Contract, Owner will return the Bid securities accompanying such Bids that are not being considered in making the award. All other Bid securities will be held until the Agreement has been finally • executed. They will then be returned to the respective Bidders whose Bids they accompany. 22. EXECUTION OF AGREEMENT. 22.1. The Bidder to whom award is made shall execute a written Agreement with Owner on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Bidding Documents within 10 calendar days after receipt of the Notice of Award from Owner. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid security. If the lowest responsive, responsible Bidder refuses ' or fails to execute the Agreement, Owner may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, Owner may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder's Bid securities shall be likewise forfeited to Owner. 22.2. Within 10 calendar days of Owner receiving properly executed Agreements and acceptable certificates and bonds, Owner will provide one fully executed Agreement to Contractor. 23. LIQUIDATED DAMAGES. , 23.1. Provisions for liquidated damages are set forth in the Agreement. 24. RETAINAGE. 24.1. Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. INSTRUCTIONS TO BIDDERS CVO/391538A 00100 - 10 JUNE 2010 ' DURHAM PHASE 5B1 25. PROTEST PROCEDURE. 1 25.1. 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 only contains a brief summary of the deadlines for filing protests. It does not identify the conditions required to file a protest or the information required to be included in the protest. Copies of Owner's rules containing the protest process may be obtained by contacting District's representative. ' Specification Protest Process A Bidder must deliver a protest of the specifications to the District in writing no later than 10 calendar days prior to the due date for Bids. Owner's Board of Directors ' approved the use of a brand name specification for Vulcan washer compactors in its specifications for this Project at its meeting on June 8, 2010. Solicitation Protest Under Owner's rules, prospective Bidders have the opportunity to protest the ' procurement process or this Invitation to Bid by submitting a written protest to Owner not less than 10 days prior to the due date for Bids. Award Protest Adversely affected Bidders will also have an opportunity to protest Owner's Notice of ' Intent to Award, but a written protest must be delivered to Owner within 7 days after issuance of the Notice of Intent to Award. The award by the Owner's Board of Directors of the Contract shall constitute a final decision of the Owner to award the Contract if no ' written protest of the award is filed. END OF SECTION 1 I I CVO /391538A INSTRUCTIONS TO BIDDERS JUNE 2010 00100 - 11 DURHAM PHASE 5B1 SECTION 00300 ' BID FORMS BID TO: Clean Water Services: ' 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Contract Documents to perform ' the Work as specified or indicated in the Contract Documents entitled Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410. ' 2. Bidder accepts all of the terms and conditions of the Bidding Documents and Contract Documents, including without limitation those in the Advertisement to Bid and Instructions to Bidders, dealing with the disposition of the Bid security. ' 3. This Bid will remain open for 60 days unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Advertisement to Bid and the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and copies of Public Works Bonds required by the Contract Documents. ' 4. Bidder agrees that as Contractor, it will comply with ORS 279C.838, 279C.840, or 40 U.S.C. Section 3141 et seq. 5. Bidder certifies that Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1) against any minority, women, or emerging small business enterprises certified under ORS 200.055, or against a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225, in obtaining any required subcontracts. ' 6. Bidder certifies that it has in place or will implement before performance of the Work for this Project begins a mandatory employee drug- testing program. Bidder further certifies that it will demonstrate that the employee drug- testing program is in place. 7. Bidder has examined copies of all the Contract Documents including the following addenda (receipt of all of which is hereby acknowledged): Number Date CVO/391538A BID FORMS JUNE 2010 00300 - 1 DURHAM PHASE 5B1 Addenda may render the Bid non-responsive and may Failure to acknowledge y p y be cause for its rejection. 8. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, Site, locality where the Work is to be performed, the legal requirements (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. To all the foregoing, and including all Bid Forms contained in this Bid, the Bidder further agrees to complete the Work required under the Contract Documents within the Contract 111 Time stipulated in the Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum Price(s) named in the Bid Forms. Dated: Bidder: By : I Name (Signature) Name (Type or Print) Title: 1 1 0 BID FORMS CVO/391538A 00300 - 2 JUNE 2010 DURHAM PHASE 5B1 BASE BID SCHEDULE ' Schedule of Base Bid Prices for Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 ' 1. Lump Sum Work: Bidder proposes and agrees to accept as full payment the following bid amount for the Durham Facility Phase 5B1 Headworks Improvements Project, ' Project No. 6410 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, except as provided below, 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. ' 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. CVO/391538A BID FORMS JUNE 2010 00300 - 3 DURHAM PHASE 5B1 1 cost of 1 the "A" listed Alternates in this section in the 2.6 Include the tota c st o all to 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 Cyclone Separator and Grit Washer Section 11322 Alternate Manufacturer or Supplier Amount Bid A Wemco (The Weir Group PLC) $ ' B Or Equal $ Multiple Rake Bar Screens Section 11331 Alternate Manufacturer or Supplier Amount Bid A Headworks, Inc. $ I B Huber Technology, Inc. $ C Vulcan Industries, Inc $ I D Or Equal $ , Screw -Type Screenings Washer Compactor Section 11340 Alternate Manufacturer or Supplier Amount Bid A Vulcan Industries, Inc. $ , 1 v BID FORMS CVO/391538A 00300 - 4 JUNE 2010 DURHAM PHASE 5B1 O ' Medium - Voltage Switchgear Section 16340 Alternate Manufacturer or Supplier Amount Bid A Eaton/Cutler Hammer $ ' B S &C Electric Company $ C Or Equal $ ' 3. Base Bid Summary 1 3.1 Lump Sum Work $ 3.2 Total of Alternates 11322A, 11331A, 11340A and $ ' 16340A TOTAL BASE BID (BASIS OF AWARD) 1 $ (figures) (words) ' (The amount in words takes precedence.) 1 I 1 CVO/391538A BID FORMS JUNE 2010 00300 - 5 DURHAM PHASE 5B1 BID CERTIFICATE (if Corporation) STATE OF ) ' ) ss: COUNTY OF ) 1 I HEREBY CERTIFY that a meeting of the Board of Directors of the 1 a corporation existing under the laws of the State of _ , was held on , 2010, and the following resolution was duly passed and adopted: ' "RESOLVED, that as of this Corporation, be and is hereby authorized to execute the Bid dated , 2010 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 2010. (Signature) (Title) Secretary , 1 (Address) 1 BID FORMS CVO/391538A 00300 - 6 JUNE 2010 DURHAM PHASE 5B1 BID CERTIFICATE (if Partnership) STATE OF ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the ' a partnership existing under the laws of the State of , was held on , 2010, and the following resolution was duly passed and adopted: 1 "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the Bid dated , 2010 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 ' , 2010. (Signature) (Title) t (Address) CVO/391538A BID FORMS JUNE 2010 00300 - 7 DURHAM PHASE 5B1 BID CERTIFICATE (if Joint Venture) STATE OF ) ' ) ss: COUNTY OF ) ' I HEREBY CERTIFY that a meeting of the Principals of the 1 a joint venture existing under the laws of the State of , was held on , 2010, and the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Bid dated , 2010 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 , 2010. , Managing Partner (Address) 1 BID FORMS CVO/391538A 00300 - 8 JUNE 2010 DURHAM PHASE 5B1 BU) BOND BY THESE PRESENTS, KNOW ALL PEOPLE Y TH S S , ' That as Principal, and as Surety, are ' held and firmly bound unto Clean Water Services, hereinafter called " Owner," in the sum of dollars, for the payment of which sum, well and truly to be made, we jointly and severally bind ' ourselves, our heirs, executors, administrators, successors, and assigns firmly by these presents. ' WHEREAS, the Principal has submitted a Bid to Owner to perform the Work required under the Bid Forms of Owner's Contract Documents entitled Durham Facility Phase 5B 1 Headworks Improvements Project, Project No. 6410. ' NOW THEREFORE, if the Principal is awarded a contract by Owner and, within the time and in the manner required in the "Advertisement To Bid" and the "Instructions To Bidders" ' enters into a written Agreement on the form of agreement bound with the Contract Documents, furnishes the required certificates of insurance, and furnishes the required Performance Bond and Payment Bond, and performs in all other respects the agreement created by this Bid, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety stipulates and agrees that the obligation of the Surety shall in no way be impaired or affected by an extension of the time within which Owner may accept ' such Bid and the Surety further waives notice of any such extension. In the event suit is brought upon this bond by Owner and Owner prevails, the Principal and the Surety shall pay all costs incurred by Owner in such suit, including reasonable attorney's fees and costs to be fixed by the court. SIGNED, this day of , 2010. 1 ' (Principal) (Surety) 1 By: By: (Signature) (Signature) ' (NOTARIAL ACKNOWLEDGEMENT OF SURETY) CVO/391538A BID FORMS JUNE 2010 00300 - 9 DURHAM PHASE 5B1 NONCOLLUSION AFFIDAVIT FOR Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 State of ) 1 ) ss. County of ) 1 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 (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 1 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; 1 (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 1 attached appendix. 1 1 1 1 BID FORMS CVO/391538A 00300 - 10 JUNE 2010 DURHAM PHASE 5B1 ' 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 , 2010, by Notary Public for This Commission Expires: 1 CVO/391538A BID FORMS JUNE 2010 00300 - 11 DURHAM PHASE 5B1 RESIDENT/NONRESIDENT BIDDER STATUS FORM Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 ' Oregon law (ORS 279A.120) requires Owner, in determining the lowest responsible bidder, , to add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to bidders in the state in which that bidder resides. Consequently, each bidder must indicate whether it is a resident or nonresident bidder. A resident bidder is a bidder who has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of this bid, and has a business address in Oregon, and has stated in its bid whether the bidder is a "resident bidder." A "nonresident bidder" is a bidder who is not a resident bidder. The undersigned bidder states that it is: (check one) ' 1. A resident bidder 2. A nonresident bidder Indicate state in which bidder resides: CONSTRUCTION CONTRACTOR'S LICENSING Oregon law requires all contractors to be licensed with the Construction Contractors Board in order to submit a Bid to do work and to do work as a contractor. The undersigned Bidder states it is now licensed with the Oregon Construction Contractors Board. Indicate Bidder's Construction Contractors Board License No. Signature of Bidder 1 1 BID FORMS CVO/391538A 00300 - 12 JUNE 2010 DURHAM PHASE 5B1 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM FOR Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 ' Bid Closing: Disclosure Submittal Deadline: This form must be submitted at the location specified in the Advertisement To Bid on the advertised bid closing date and within two working hours after the advertised bid closing time. List below the names of each subcontractor that will be furnishing labor or furnishing labor ' and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter `NONE' if there are no subcontractors that need to be disclosed (ATTACH ADDITIONAL SHEETS IF NEEDED). Subcontractor Name Dollar Value Category of Work 1 Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award. Form Submitted by (Bidder Name): Contact Name: Phone No.: Signature By: Title: ' Date: END OF BID FORMS CVO/391538A BID FORMS JUNE 2010 00300 - 13 DURHAM PHASE 5B1 • SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the day of ' 2010 by and between Clean Water Services (Owner) and to be determined (Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as ' follows: ARTICLE 1. WORK. Contractor shall complete the Work as specified or indicated in Owner's Contract Documents entitled Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 (Project). The Work under this Contract shall consist of, but is not limited to the following: 1 Furnishing all labor, materials and equipment necessary to expand the Durham headworks including constructing a new building with washer compactor and electrical rooms, installing new washer compactors, replacing grit cyclones and classifiers, replacing bar screens, a sluice trough for screenings conveyance and constructing associated HVAC, odor control, and plumbing elements. The Work includes replacing the NPW pump, .flowmeter, and strainer. The Work includes demolishing selected roadways, gates, landscaping, signage and electrical elements in the general area of construction. The Work includes furnishing and installing related equipment, storm sewers, conduits, electrical, instrumentation and control, Site Work, and other appurtenances necessary to complete the Work and to provide a complete and functional system constructed in accordance with the Contract Documents. ARTICLE 2. ENGINEER. ' CH2M HILL (Engineer) is to act as Owner's representative, assume duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. I 1 CVO/391538A AGREEMENT JUNE 2010 00500 - 1 DURHAM PHASE 5B1 ARTICLE 3. CONTRACT TIMES. Milestone, Substantial Completion and Final Completion of the Work shall be completed ' within the following days from the commencement date in the Notice to Proceed (NTP) or by the dates identified below: Milestone 1) Substantial Completion 426 calendar days 2) Final Completion 488 calendar days ARTICLE 4. LIQUIDATED DAMAGES. i Owner and Contractor recognize that time is of the essence of this Agreement and Owner will suffer financial loss if the Work is not completed within the time(s) specified. in Article 3 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in determining in a legal or other dispute resolution proceeding the actual loss suffered by Owner if the I Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner the following amounts for each day that expires after the time specified in Article 3 herein: Milestone Liquidated Damages per Day 1) Substantial Completion $1,460 2) Final Completion $1,460 I 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 5. CONTRACT PRICE. I Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount(s) set forth in the conformed Bid Forms, which are included as an attachment to this Agreement. ARTICLE 6. PAYMENT PROCEDURES. I Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. AGREEMENT CVO/391538A 00500 - 2 JUNE 2010 DURHAM PHASE 5B1 ARTICLE 7. RETAINAGE. ' Prior to Final Completion, Owner shall retain from progress payments 5 percent of the value of Work completed. In lieu of retainage, and at Contractor's option, provisions may be made as provided in ORS 279C.560 for either depositing with Owner or in a bank or trust company, bonds or ' securities of value equal to the retainage, to be held for the benefit of Owner. Interest on such bonds or securities shall accrue to Contractor. Costs incurred by Owner as a result of this option will be deducted from Contractor's final payment. t 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. In lieu of retainage Contractor, with the approval of Owner, may deposit a surety bond for all or any portion of the retainage in a form acceptable to Owner. Such bond and any proceeds therefrom shall be made subject to all claims and liens as provided for in ORS 279C.550 to 279C.620. ' ARTICLE 8. PREVAILING WAGE RATES /BOLI FEE/PUBLIC WORKS BOND REQUIRED. Contractor agrees that the provisions required by ORS 279C.830 pertaining to Contractor's payment of prevailing wage rates shall be included as part of this Agreement. Contractor ' shall pay workers at not less than the specific minimum hourly rate of wages in accordance with ORS 279C.838 and 279C.840 and shall require its subcontractors to pay at such rates. The applicable Oregon prevailing wage rates for such workers are incorporated by reference 1 in Section 00810, Oregon Prevailing Wage Rates. Contractors shall include in every subcontract a provision requiring subcontractors to pay their workers at such rates. ' Owner will be responsible for paying the fee required by ORS 279C.825 to the Commissioner of the Bureau of Labor and Industries. ' Before starting any Work on the Project, Contractor shall have a public works bond filed with the Construction Contractors Board, unless exempt under ORS 279C.836(4), (7), (8), or (9). Contractor shall also include in every subcontract a provision requiring the Subcontractor ' to have a public works bond filed with the Construction Contractors Board before starting work on the Project unless exempt under ORS 279C.836(4), (7), (8), or (9). ' ARTICLE 9. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between Owner and Contractor concerning Work are: • Agreement CVO/391538A AGREEMENT ' JUNE 2010 00500 - 3 5B1 DURHAM PHASE • Permits from outside agencies • Addenda numbers to , inclusive 1 • Conformed Bid Forms • Contract Specifications: Divisions 00 and 01 (Except Section 00030, Advertisement to Bid, and Section 00100, Instructions to Bidders); Divisions 02 through 17 • Contract Drawings • Executed Performance and Payment Bonds • Copies of Public Works Bonds from Contractor and every subcontractor on the Project There are no Contract Documents other than those listed in this Article 9. The Contract Documents may only be amended by Change Order as provided in Article 10 of the General ' Conditions. ARTICLE 10. ASSIGNMENT. I No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 11. PAYROLL AND CERTIFIED STATEMENT FILING AND ADDITIONAL RETAINAGE. Contractor or Contractor's surety, and every subcontractor or subcontractor's surety, shall file with Owner written payroll and certified statements (Certified Payrolls) that accurately and completely contain the payroll records for each week during which the Contractor or subcontractor employs a worker on a public works project. The Certified Payrolls shall contain the information required and conform to the requirements set forth in ORS 279C.845 and Oregon Administrative Rule 839 - 025 -0010. Contractor shall file the Certified Payrolls with Owner once a month by the fifth business day of the following month. 1 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 AGREEMENT CVO /391538A 00500 - 4 JUNE 2010 ' DURHAM PHASE 5B1 subcontractor has failed to file Certified Payrolls. Owner is not required to verify the truth of the contents of the Certified Payrolls filed by Contractor. Contractor shall retain 25 percent of any amount earned by a first -tier subcontractor on the ' Work until the subcontractor has filed with Owner the required Certified Payrolls. Contractor shall verify that the first -tier subcontractor has filed the Certified Payrolls before the Contractor may pay the subcontractor any amount retained under this article. Contractor shall t pay the first -tier subcontractor the amount retained under this article within 14 days after the subcontractor files the Certified Payrolls required by this article. Neither Owner nor Contractor is required to verify the truth of the contents of the Certified Payrolls filed by the ' first -tier subcontractor. IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be ' executed the day and year first above written. OWNER CONTRACTOR ' CLEAN WATER SERVICES By By General Manager or Designee Title Address for giving notices Address for giving notices i Approved as to Form License No. District Counsel 1 I 1 1 i CVO/391538A AGREEMENT JUNE 2010 00500 - 5 DURHAM PHASE 5B1 AGREEMENT CERTIFICATE (if Corporation) STATE OF ) , ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , was held on ' , 2010, and the following resolution was duly passed and adopted: , "RESOLVED, that , as President of the Corporation, be and is hereby authorized to execute the Agreement for Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 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. i IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2010. ' 1 President 1 Secretary ' 1 a AGREEMENT CVO/391538A 00500 -6 JUNE2010 DURHAM PHASE 5B1 AGREEMENT CERTIFICATE (if Partnership) ' STATE OF ) ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the ' a partnership existing under the laws of the State of , was held on , 2010, and the following resolution was duly passed and ' adopted: "RESOLVED, that , as ' of the Partnership, be and is hereby authorized to execute the Agreement for Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 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 2010. i Partner 1 CVO/391538A AGREEMENT JUNE2010 00500 -7 DURHAM PHASE 5B1 ' AGREEMENT CERTIFICATE (if Joint Venture) STATE OF ) , ) ss: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the 1 a joint venture existing under the laws of the State of , was held on , 2010, and the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Agreement for Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 by and between this Joint Venture and Clean Water Services and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." ' I further certify that the resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2010. i Managing Partner g g END OF SECTION ' I O AGREEMENT CVO/391538A 00500 - 8 JUNE 2010 DURHAM PHASE 5B1 SECTION 00610 PERFORMANCE BOND FOR Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 Bond No. Amount: $ ' KNOW ALL PEOPLE BY THESE PRESENTS, that 1 as Contractor, and a corporation, duly authorized to do general surety business in the State of Oregon, as Surety, are jointly and severally held and bound unto Clean Water Services, hereinafter referred to as the Obligee, in the sum of ' Dollars ($ ) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, and firmly by these presents. This bond is executed under the authority of ORS Chapters 279A, 279B, and 279C, of the State of Oregon, the provisions of which are hereby incorporated into this bond and made a ' part thereof. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: • ' WHEREAS, the Contractor has been conditionally awarded a contract for Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 the Obligee, which contract, ' including all Contract Documents, is by this reference expressly incorporated herein. NOW THEREFORE, the condition of this bond is such that if the Contractor shall faithfully ' perform all the provisions of such Contract for the duration thereof, including the one -year correction period described in Contract Documents, and indemnify and save harmless the Obligee from any claim for damages of every kind and description or injury to property or ' persons arising or alleged to have arisen by reason of the work; and shall, in the time and manner, and under the terms and conditions prescribed, faithfully do, perform, and furnish all matters and things as by them in the Contract undertaken, and as by law, local, state, and federal, prescribed, then this obligation shall be void; otherwise it shall remain in full force and effect. CVO/391538A PERFORMANCE BOND JUNE 2010 00610 - 1 DURHAM PHASE 5B1 PROVIDED, HOWEVER: In no event shall the Surety be liable for a greater sum than the amount of this bond. ' The Surety for the value received, hereby stipulates and agrees that no change, - extension of time, alteration, or addition to the term of the Contract Documents, or to the work to be performed, thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Contract Documents. Signed this day of , 2010. I Address Contractor By: Phone Number Title: Surety By: Attorney -in -Fact ' 1 Address of Surety's Resident Agent 1 Approved as to Form District Counsel 1 PERFORMANCE BOND CVO/391538A 00610 - 2 JUNE 2010 DURHAM PHASE 5B 1 SECTION 00620 -- ' PAYMENT BOND FOR ' Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 1 Bond No. Amount: $ KNOW ALL PEOPLE BY THESE PRESENTS, that 1 as Contractor, and ' a corporation, duly authorized to do general surety business in the State of Oregon, as Surety, are jointly and severally held and bound unto Clean Water Services, hereinafter referred to as the Obligee, in the sum of Dollars ($ ) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, and firmly by these presents. This bond is executed under the authority of ORS Chapters 279A, 279B, and 279C, of the State of Oregon, the provisions of which are hereby incorporated into this bond and made a ' part thereof. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Contractor has been conditionally awarded a contract for Durham Facility Phase 5B1 Headworks Improvements Project, Project No. 6410 by the Obligee, which contract, including all Contract Documents, is by this reference expressly incorporated herein. NOW THEREFORE, the condition of this bond is such that if the Contractor shall faithfully and promptly pay all laborers, mechanics, subcontractors, materialmen, and all persons who supply such work and services, and indemnify and save harmless the Obligee from any claim ' for damages of every kind and description or injury to property or persons arising or alleged to have arisen by reason of the work; and shall, in the time and manner, and under the terms and conditions prescribed, faithfully do, perform, and furnish all matters and things as by ' them in the Contract undertaken, and as by law, local, state, and federal, prescribed, then this obligation shall be void; otherwise it shall remain in full force and effect. 1 CVO/391538A PAYMENT BOND JUNE 2010 00620 - 1 DURHAM PHASE 5B1 PROVIDED, HOWEVER: In no event shall the Surety be liable for a greater sum than the amount of this bond. ' The Surety for the value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the term of the Contract Documents, or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Contract Documents. 1 Signed this day of , 2010. • Address Contractor ' By: Phone Number Title: Surety ' By: Attorney -in -Fact Address of Surety's Resident Agent Approved as to Form District Counsel 1 PAYMENT BOND CVO /391538A 00620 -2 JUNE2010 consultation with an attorney is encouraged with respect This document has important legal consequences; c y ect to its use or g p modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. ' STANDARD GENERAL CONDITIONS ' OF THE CONSTRUCTION CONTRACT • Prepared by ' ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By T National. Society of ' afessionalEngl ... .�: .t °asxtr x. _ F., -F f, os •<o�;,r sasr d;a'naanassa:H ,.,�. 1 Engineer l Mote ztaaa. _ so.mo tfvo &vow. PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by M .,�tz The Associated General Contractors of America a, Kno acad€3a tar Crea'"' arsd Sustainin the Butii E.lIYHannta ^i ' Construction Specifications Institute 1 ' EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -0 1 1 1 1 1 1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 1 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). I 0 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -1 I II TABLE OF CONTENTS I Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 6 I 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2 - PRELIMINARY MATTERS 9 I 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies ofDocuments 9 2.03 Commencement of Contract Times; Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 I ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 10 3.01 Intent 10 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 I 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 3.06 Electronic Data 11 I ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 11 4.01 Availability of Lands 11 0 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 13 I 4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5 - BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 15 I 5.03 Certificates of Insurance 15 5.04 Contractor's Liability Insurance 15 5.05 Owner's Liability Insurance 16 I 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 17 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 5.10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 6.02 Labor; Working Hours 18 I 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and "Or- Equals" 19 I 6.06 Concerning Subcontractors, Suppliers, and Others 20 6.07 Patent Fees and Royalties 21 6.08 Permits 21 6.09 Laws and Regulations 21 I 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 22 I 6.13 Safety and Protection 22 6.14 Safety Representative 23 6.15 Hazard Communication Programs 23 I EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 6.16 Emergencies 23 I 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 24 I 6.19 Contractor's General Warranty and Guarantee 24 6.20 Indemnification 24 6.21 Delegation of Professional Design Services 25 I ARTICLE 7 - OTHER WORK AT THE SITE 25 7.01 Related Work at Site 25 7.02 Coordination 26 7.03 Legal Relationships 26 I ARTICLE 8 - OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 I 8.03 Furnish Data 26 8.04 Pay When Due 26 8.05 Lands and Easements; Reports and Tests 26 8.06 Insurance 26 I 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 27 I 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative 27 I 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 I 9.06 Shop Drawings, Change Orders and Payments 28 9.07. Determinations for Unit Price Work 28 9.08 • Decisions on Requirements of Contract Documents and Acceptability of Work 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 0 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS • 28 10.01 Authorized Changes in the Work 28 I 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Change Orders 29 10.04 Notification to Surety 29 10.05 Claims 29 I ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Allowances 31 I 11.03 Unit Price Work 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12.02 Change of Contract Times 33 ' 12.03 Delays 33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 33 I 13.02 Access to Work 33 13.03 Tests and Inspections 33 13.04 Uncovering Work 34 13.05 Owner May Stop the Work 34 I 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 35 13.09 Owner May Correct Defective Work 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 Schedule of Values 36 14.02 Progress Payments 36 14.03 Contractor's Warranty of Title 37 14.04 Substantial Completion 37 EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 14.05 Partial Utilization 38 14.06 Final Inspection 38 14.07 Final Payment 38 14.08 Final Completion Delayed 39 - 14.09 Waiver of Claims — 39 - "" I ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 39 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause 39 15.03 Owner May Terminate For Convenience 40 15.04 Contractor May Stop Work or Terminate 40 ARTICLE 16 DISPUTE RESOLUTION 41 16.01 Methods and Procedures 41 ' ARTICLE 17 - MISCELLANEOUS 41 17.01 Giving Notice 41 17.02 Computation of Times 41 17.03 Cumulative Remedies 41 ' 17.04 Survival of Obligations 41 17.05 Controlling Law 41 17.06 Headings 41 • I I I 1 ' EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 I GENERAL CONDITIONS 9. Change Order - -A document recommended by Engineer which is signed by Contractor and Owner and I ARTICLE 1 - DEFINITIONS AND TERMINOLOGY authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the I 1.01 Defined Terms Agreement. A. Wherever used in the Bidding Requirements 10. Claim - -A demand or assertion by Owner or or Contract Documents and printed with initial capital Contractor seeking an adjustment of Contract Price or I letters, the terms listed below will have the meanings Contract Times, or both, or other relief with respect to the indicated which are applicable to both the singular and terms of the Contract. A demand for money or services by plural thereof. In addition to terms specifically defined, a third party is not a Claim. I terms with initial capital letters in the Contract Documents include references to identified articles and 11. Contract - -The entire and integrated written paragraphs, and the titles of other documents or forms. agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, I 1. Addenda - -Written or graphic instruments representations, or agreements, whether written or oral. issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 12. Contract Documents -- Those items so I Contract Documents. designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract 2. Agreement - -The written instrument which is Documents. Approved Shop Drawings, other Contractor's evidence of the agreement between Owner and Contractor submittals, and the reports and drawings of subsurface I covering the Work. and physical conditions are not Contract Documents. 3. Application for Payment- -The form acceptable 13. Contract Price - -The moneys payable by I to Engineer which is to be used by Contractor during the Owner to Contractor for completion of the Work in course of the Work in requesting progress or final accordance with the Contract Documents as stated in the payments and which is to be accompanied by such Agreement (subject to the provisions of Paragraph 11.03 supporting documentation as is required by the Contract in the case of Unit Price Work). 0 Documents. 14. Contract Times - -The number of days or the 4. Asbestos- -Any material that contains more dates stated in the Agreement to: (i) achieve Milestones, if I than one percent asbestos and is friable or is releasing any, (ii) achieve Substantial Completion; and (iii) asbestos fibers into the air above current action levels complete the Work so that it is ready for final payment as established by the United States Occupational Safety and evidenced by Engineer's written recommendation of final Health Administration. payment. I 5. Bid- -The offer or proposal of a Bidder 15. Contractor - -The individual or entity with submitted on the prescribed form setting forth the prices whom Owner has entered into the Agreement. for the Work to be performed. I 16. Cost of the Work- -See Paragraph 11.01.A for 6. Bidder - -The individual or entity who submits definition. a Bid directly to Owner. 17. Drawings - -That part of the Contract 7. Bidding Documents - -The Bidding Documents prepared or approved by Engineer which Requirements and the proposed Contract Documents graphically shows the scope, extent, and character of the (including all Addenda). Work to be performed by Contractor. Shop Drawings and I other Contractor submittals are not Drawings as so 8. Bidding Requirements - -The Advertisement or defined. Invitation to Bid, Instructions to Bidders, bid security of II acceptable form, if any, and the Bid Form with any 18. Effective Date of the Agreement - -The date supplements. indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer - -The individual or entity named as such in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700 - 5 , I 20. Field Order - -A written order issued by 31. Petroleum -- Petroleum, including crude oil or Engineer which requires minor changes in the Work but any fraction thereof which is liquid at standard conditions which does not involve a change in the Contract Price or of temperature and pressure (60 degrees Fahrenheit and the Contract Times. 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, U 21. General Requirements -- Sections of Division kerosene, and oil mixed with other non - Hazardous Waste 1 of the Specifications. The General Requirements pertain and crude oils. to all sections of the Specifications. 32. Progress Schedule - -A schedule, prepared and 1 22. Hazardous Environmental Condition - -The maintained by Contractor, describing the sequence and presence at the Site of Asbestos, PCBs, Petroleum, duration of the activities comprising the Contractor's plan Hazardous Waste, or Radioactive Material in such to accomplish the Work within the Contract Times. I quantities or circumstances that may present a substantial danger to persons or property exposed thereto in 33. Project - -The total construction of which the connection with the Work. Work to be performed under the Contract Documents may be the whole, or a part. U 23. Hazardous Waste - -The term Hazardous all have the meaning provided in Section 1004 of 34. Project Manual - -The bound documentary the Solid Waste Disposal Act (42 USC Section 6903) as information prepared for bidding and constructing the I amended from time to time. Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is 24. Laws and Regulations; Laws or Regulations- contained in the table(s) of contents. -Any and all applicable laws, rules, regulations, 1 ordinances, codes, and orders of any and all governmental 35. Radioactive Material Source, special bodies, agencies, authorities, and courts having nuclear, or byproduct material as defined by the Atomic jurisdiction. Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. I 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or 36. Related Entity -- An officer, director, partner, III personal property. employee, agent, consultant, or subcontractor. 26. Milestone--A principal event specified in the 37 Resident Project Representative- -The Contract Documents relating to an intermediate authorized representative of Engineer who may be completion date or time prior to Substantial Completion assigned to the Site or any part thereof. I of all the Work. 38. Samples -- Physical examples of materials, 27. Notice of Award- -The written notice by equipment, or workmanship that are representative of I Owner to the Successful Bidder stating that upon timely some portion of the Work and which establish the compliance by the Successful Bidder with the conditions standards by which such portion of the Work will be precedent listed therein, Owner will sign and deliver the judged. . Agreement. I 39. Schedule of Submittals - -A schedule, prepared 28. Notice to Proceed —A written notice given by and maintained by Contractor, of required submittals and Owner to Contractor fixing the date on which the the time requirements to support scheduled performance • I Contract Times will commence to run and on which of related construction activities. Contractor shall start to perform the Work under the Contract Documents. 40. Schedule of Values - -A schedule, prepared and mainned by atr, aating porti the I 29. Owner- -The individual or entity with whom Contract P tai rice to various Contr portions co lloc of the Work ons and of used Contractor has entered into the Agreement and for whom as the basis for reviewing Contractor's Applications for the Work is to be performed. Payment. I 30. PCBs -- Polychlorinated biphenyls. 41. Shop Drawings - -All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for I Contractor and submitted by Contractor to illustrate some portion of the Work. I 42. Site - -Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 I easements for access thereto, and such other lands 52. Work Change Directive--A written stateme nt furnished by Owner which are designated for the use of to Contractor issued on or after the Effective Date of the Contractor. Agreement and signed by Owner and recommended by I Engineer ordering an addition, deletion, or revision in the 43. Specifications- -That part of the Contract Work, or responding to differing or unforeseen subsurface Documents consisting of written requirements for or physical conditions under which the Work is to be I materials, equipment, systems, standards and performed or to emergencies. A Work Change Directive workmanship as applied to the Work, and certain will not change the Contract Price or the Contract Times administrative requirements and procedural matters but is evidence that the parties expect that the change applicable thereto. ordered or documented by a Work Change Directive will I be incorporated in a subsequently issued Change Order 44. Subcontractor - -An individual or entity following negotiations by the parties as to its effect, if having a direct contract with Contractor or with any other any, on the Contract Price or Contract Times. I Subcontractor for the performance of a part of the Work at the Site. 1.02 Terminology 45. Substantial Completion - -The time at which A. The following words or terms are not defined I the Work (or a specified part thereof) has progressed to but, when used in the Bidding Requirements or Contract the point where, in the opinion of Engineer, the Work (or Documents, have the following meaning. a specified part thereof) is sufficiently complete, in I accordance with the Contract Documents, so that the B. Intent of Certain Terms or Adjectives Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially 1. The Contract Documents include the terms "as complete" and "substantially completed" as applied to all allowed," "as approved," "as ordered ", "as directed" or I or part of the Work refer to Substantial Completion terms of like effect or import to authorize an exercise of thereof. professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," I 46. Successful Bidder - -The Bidder submitting a "proper," "satisfactory," or adjectives of like effect or responsive Bid to whom Owner makes an award. import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise 47. Supplementary Conditions - -That part of the of professional judgment, action or determination will be Contract Documents which amends or supplements these solely to evaluate, in general, the Work for compliance General Conditions. with the requirements of and information in the Contract Documents and conformance with the design concept of I 48. Supplier - -A manufacturer, fabricator, the completed Project as a functioning whole as shown or supplier, distributor, materialman, or vendor having a indicated in the Contract Documents (unless there is a direct contract with Contractor or with any Subcontractor specific statement indicating otherwise). The use of any to furnish materials or equipment to be incorporated in the such term or adjective is not intended to and shall not be I Work by Contractor or any Subcontractor. effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any 49. Underground Facilities - -All underground duty or authority to undertake responsibility contrary to I pipelines, conduits, ducts, cables, wires, manholes, vaults, the provisions of Paragraph 9.09 or any other provision of tanks, tunnels, or other such facilities or attachments, and the Contract Documents. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid C. Day I petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other 1. The word "day" means a calendar day liquids or chemicals, or traffic or other control systems. of 24 hours measured from midnight to the next midnight. 50. Unit Price Work - -Work to be paid for on the D. Defective basis of unit prices. 1. The word "defective," when modifying the I 51. Work- -The entire construction or the various word "Work," refers to Work that is unsatisfactory, separately identifiable parts thereof required to be faulty, or deficient in that it: provided under the Contract Documents. Work includes and is the result of performing or providing all labor, a. does not conform to the Contract Documents, services, and documentation necessary to produce such or construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as b. does not meet the requirements of any required by the Contract Documents. applicable inspection, reference standard, test,, or EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -7 approval referred to in the Contract Documents, . A. Owner shall furnish to Contractor up to ten or printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request c. has been damaged prior to Engineer's at the cost of reproduction. recommendation of final payment (unless I responsibility for the protection thereof has been 2.03 Commencement of Contract Times; Notice to assumed by Owner at Substantial Completion in Proceed accordance with Paragraph 14.04 or 14.05). A. The Contract Times will commence to run on I E. Furnish, Install, Perform, Provide the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in 1. The word "furnish," when used in connection the Notice to Proceed. A Notice to Proceed may be given I with services, materials, or equipment, shall mean to at any time within 30 days after the Effective Date of the supply and deliver said services, materials, or equipment Agreement. In no event will the Contract Times to the Site (or some other specified location) ready for use commence to run later than the sixtieth day after the day or installation and in usable or operable condition. of Bid opening or the thirtieth day after the Effective Date I of the Agreement, whichever date is earlier. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put 2.04 Starting the Work into use or place in final position said services, materials, I or equipment complete and ready for intended use. . A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No 3. The words "perform" or "provide," when used Work shall be done at the Site prior to the date on which I in connection with services, materials, or equipment, shall the Contract Times commence to run. mean to furnish and install said services, materials, or equipment complete and ready for intended use. 2.05 Before Starting Construction I 4. When "furnish," "install," "perform," or A. Preliminary Schedules: Within 10 days after "provide" is not used in connection with services, the Effective Date of the Agreement (unless otherwise Pill materials, or equipment in a context clearly requiring an specified in the General Requirements), Contractor shall obligation of Contractor, "provide" is implied. submit to Engineer for timely review: F. Unless stated otherwise in the Contract 1. a preliminary Progress Schedule; indicating Documents, words or phrases which have a well -known the times (numbers of days or dates) for starting and I technical or construction industry or trade meaning are completing the various stages of the Work, including any used in the Contract Documents in accordance with such Milestones specified in the Contract Documents; recognized meaning. I 2. a preliminary Schedule of Submittals; and ARTICLE 2 - PRELIMINARY MATTERS 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which I . when added together equal the Contract Price and 2.01 Delivery of Bonds and Evidence of insurance subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during I A. When Contractor delivers the executed performance of the Work. Such prices will include an counterparts of the Agreement to Owner, Contractor shall appropriate amount of overhead and profit applicable to also deliver to Owner such bonds as Contractor may be each item of Work. required to furnish. I 2.06 Preconstruction Conference B. Evidence of insurance: Before any Work at the Site is started, Contractor and Owner shall each A. Before any Work at the Site is started, a I deliver to the other, with copies to each additional insured identified conference attended by Owner, Contractor, Engineer, and fied in the Supplementary Conditions, certificates of others as appropriate will be held to establish a working insurance (and other evidence of insurance which either understanding among the parties as to the Work and to of them or any additional insured may reasonably request) discuss the schedules referred to in Paragraph 2.05.A, I which Contractor and Owner respectively are required to procedures for handling Shop Drawings and other purchase and maintain in accordance with Article 5. submittals, processing Applications for Payment, and maintaining required records. I 2.02 Copies of Documents EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 2.07 Initial Acceptance of Schedules I 1. Reference to standards, specifications, . A. At least 10 days before submission of the first manuals, or codes of any technical society, organization, I Application for Payment a conference attended by or association, or to Laws or Regulations, whether such Contractor, Engineer, and others as appropriate will be reference be specific or by implication, shall mean the held to review for acceptability to Engineer as provided standard, specification, manual, code, or Laws or I below the schedules submitted in accordance with Regulations in effect at the time of opening of Bids (or on Paragraph 2.05.A. Contractor shall have an additional 10 the Effective Date of the Agreement if there were no days to make corrections and adjustments and to complete Bids), except as may be otherwise specifically stated in and resubmit the schedules. No progress payment shall be the Contract Documents. I made to Contractor until acceptable schedules are submitted to Engineer. 2. No provision of any such standard, specification, manual or code, or any instruction of a I 1. The Progress Schedule will be acceptable to Supplier shall be effective to change the duties or Engineer if it provides an orderly progression of the Work responsibilities of Owner, Contractor, or Engineer, or any to completion within the Contract Times. Such acceptance of their subcontractors, consultants, agents, or employees will not impose on Engineer responsibility for the from those set forth in the Contract Documents. No such I Progress Schedule, for sequencing, scheduling, or provision or instruction shall be effective to assign to progress of the Work nor interfere with or relieve Owner, or Engineer, or any of, their Related Entities, any Contractor from Contractor's full responsibility therefor. duty or authority to supervise or direct the performance of I the Work or any duty or authority to undertake 2. Contractor's Schedule of Submittals will be responsibility inconsistent with the provisions of the acceptable to Engineer if it provides a workable Contract Documents. arrangement for reviewing and processing the required submittals. 3.03 Reporting and Resolving Discrepancies 3. Contractor's Schedule of Values will be A. Reporting Discrepancies acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to 1. Contractor's Review of Contract Documents component parts of the Work. Before Starting Work Before undertaking each part of the il Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, figures therein and all applicable field measurements. AMENDING, REUSE Contractor shall promptly report in writing to Engineer I any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written 3.01 Intent interpretation or clarification from Engineer before proceeding with any Work affected thereby. A. The Contract Documents are complementary; what is required by one is as binding as if required by all. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance B. It is the intent of the Contract Documents to of the Work, Contractor discovers any conflict, error, I describe a functionally complete Project (or part thereof) ambiguity, or discrepancy within the Contract Documents to be constructed in accordance with the Contract or between the Contract Documents and any provision of Documents. Any labor, documentation, services, any Law or Regulation applicable to the performance of I materials, or equipment that may reasonably be inferred the Work or of any standard, specification, manual or from the Contract Documents or from prevailing custom code, or of any instruction of any Supplier, Contractor or trade usage as being required to produce the intended shall promptly report it to Engineer in writing. Contractor result will be provided whether or not specifically called shall not proceed with the Work affected thereby (except I for at no additional cost to Owner. in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents C. Clarifications and interpretations of the has been issued by one of the methods indicated in I Contract Documents shall be issued by Engineer as Paragraph 3.04. provided in Article 9. 3. Contractor shall not be liable to Owner or 3.02 Reference Standards Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents A. Standards, Specifications, Codes, Laws, and unless Contractor knew or reasonably should have known Regulations thereof. B. Resolving Discrepancies EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 Nothing herein shall preclude Contractor from retaining 1. Except as may be otherwise specifically stated copies of the Contract Documents for record purposes. 1 in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any 3.06 Electronic Data conflict, error, ambiguity, or discrepancy between the • I provisions of the Contract Documents and: A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or a. the provisions of any standard, specification, Engineer that may be relied upon are limited to the manual, code, or instruction (whether or not printed copies (also known as hard copies). Files in I specifically incorporated by reference in the Contract Documents); or electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained I b. the provisions of any Laws or Regulations applicable to the performance of the Work or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic (unless such an interpretation of the provisions files and the hard copies, the hard copies govern. of the Contract Documents would result in I violation of such Law or Regulation). B. Because data stored in electronic media format can deteriorate or be modified inadvertently or 3.04 Amending and Supplementing Contract otherwise without authorization of the data's creator, the I Documents party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which . A. The Contract Documents may be amended to the receiving party shall be deemed to have accepted the provide for additions, deletions, and revisions in the Work data thus transferred. Any errors detected within the 60- I or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. day acceptance period will be corrected by the transferring party. The requirements of the Contract Documents C. When transferring documents in electronic T B. may be supplemented, and minor variations and media format, the transferring party makes no deviations in the Work may be authorized, by one or more representations as to long term compatibility, usability, or 01 of the following ways: readability of documents resulting from the use of software application packages, operating systems, or 1. A Field Order; computer hardware differing from those used by the data's creator. 2. Engineer's approval of a Shop Drawing or I Sample; (Subject to the provisions of Paragraph 6.17.D.3); or ARTICLE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; I 3. Engineer's written interpretation or HAZARDOUS . ENVIRONMENTAL CONDITIONS; clarification. REFERENCE POINTS 3.05 Reuse of Documents I 4.01 Availability of Lands A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all A. Owner shall furnish the Site. Owner shall I of the Work under a direct or indirect contract with Contractor, shall not: notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing 1. have or acquire any title to or ownership rights the Work. Owner will obtain in a timely manner and pay I in any of the Drawings, Specifications, or other for easements for permanent structures or permanent documents (or copies of any thereof) prepared by or changes in existing facilities. If Contractor and Owner are bearing the seal of Engineer or Engineer's consultants, unable to agree on entitlement to or on the amount or I including electronic media editions; or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in 2. reuse any of such Drawings, Specifications, Owner's furnishing the Site or a part thereof, Contractor other documents, or copies thereof on extensions of the may make a Claim therefor as provided in Paragraph I Project or any other project without written consent of 10.05. Owner and Engineer and specific written verification or adaption by Engineer. B. Upon reasonable written request, Owner shall I furnish Contractor with a current statement of record legal B. The prohibition of this Paragraph 3.05 will title and legal description of the lands upon which the survive final payment, or termination of the Contract. Work is to be performed and Owner's interest therein as EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. AU rights reserved. 00700 -10 necess ary giving for notice of or filing a mechanic's or 2. is of such a nature as to require a change in the construction lien against such lands in accordance with Contract Documents; or applicable Laws and Regulations. 3. differs materially from that shown or indicated C. Contractor shall provide for all additional in the Contract Documents; or lands and access thereto that may be required for temporary construction facilities or storage of materials 4. is of an unusual nature, and differs materially and equipment. from conditions ordinarily encountered and generally recognized as inherent in work of the character provided 4.02 Subsurface and Physical Conditions for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further A. Reports and Drawings: The Supplementary disturbing the subsurface or physical conditions or Conditions identify: performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify 1. those reports of explorations and tests of Owner and Engineer in writing about such condition. subsurface conditions at or contiguous to the Site that Contractor shall not further disturb such condition or Engineer has used in preparing the Contract Documents; perform any Work in connection therewith (except as and aforesaid) until receipt of written order to do so. 2. those drawings of physical conditions in or B. Engineer's Review: After receipt of written relating to existing surface or subsurface structures at or notice as required by Paragraph 4.03.A, Engineer will contiguous to the Site (except Underground Facilities) promptly review the pertinent condition, determine the that Engineer has used in preparing the Contract necessity of Owner's obtaining additional exploration or Documents. tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and B. Limited Reliance by Contractor on Technical conclusions. Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports C. Possible Price and Times Adjustments and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified 1. The Contract Price or the Contract Times, or in the Supplementary Conditions. Except for such reliance both, will be equitably adjusted to the extent that the on such "technical data," Contractor may not rely upon or existence of such differing subsurface or physical make any claim against Owner or Engineer, or any of condition causes an increase or decrease in Contractor's their Related Entities with respect to: cost of, or time required for, performance of the Work; subject, however, to the following: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, a. such condition must meet any one or more of any aspects of the means, methods, techniques, the categories described in Paragraph 4.03.A; sequences, and procedures of construction to be employed and by Contractor, and safety precautions and programs incident thereto; or b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price 2. other data, interpretations, opinions, and will be subject to the provisions of Paragraphs information contained in such reports or shown or 9.07 and 11.03. indicated in such drawings; or 2. Contractor shall not be entitled to any 3. any Contractor interpretation of or conclusion adjustment in the Contract Price or Contract Times if: drawn from any "technical data" or any such other data, interpretations, opinions, or information. a. Contractor knew of the existence of such conditions at the time Contractor made a final 4.03 Differing Subsurface or Physical Conditions commitment to Owner with respect to Contract Price and Contract Times by the submission of a A. Notice: If Contractor believes that any Bid or becoming bound under a negotiated subsurface or physical condition at or contiguous to the contract; or Site that is uncovered or revealed either: b. the existence of such condition could 1. is of such a nature as to establish that any reasonably have been discovered or revealed as a "technical data" on which Contractor is entitled to rely as result of any examination, investigation, provided in Paragraph 4.02 is materially inaccurate; or exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -11 II conducted by or for Contractor prior to required by Paragraph 6.16.A), identify the owner of such Contractor's making such final commitment; or Underground Facility and give written notice to that I owner and to Owner and Engineer. Engineer will c. Contractor failed.to give the written notice as promptly review the Underground Facility and determine required by Paragraph 4:03 :A. the extent, if any, to which a change is required in the I Contract Documents to reflect and document the If Owner and Contractor are unable to agree consequences of the existence or location of the on entitlement to or on the amount of extent, if any, of Underground Facility. During such time, Contractor shall any adjustment in the Contract Price or Contract Times, be responsible for the safety and protection of such I or both, a Claim may be made therefor as provided in Underground Facility. Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor 2. If Engineer concludes that a change in the ' for any claims, costs, losses, or damages (including but Contract Documents is required, a Work Change not limited to all fees and charges of engineers, architects, Directive or a Change Order will be issued to reflect and attorneys, and other professionals and all court or document such consequences. An equitable adjustment arbitration or other dispute resolution costs) sustained by shall be made in the Contract Price or Contract Times, or I Contractor on or in connection with any other project or both, to the extent that they are attributable to the anticipated project. existence or location of any Underground Facility that was not shown or indicated or not shown or indicated I 4.04 Underground Facilities with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably A. Shown or Indicated: The information and data have been expected to be aware of or to have anticipated. shown or indicated in the Contract Documents with If Owner and Contractor are unable to agree on I respect to existing Underground Facilities at or contiguous to the Site is based on information and data entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, furnished to Owner or Engineer by the owners of such Owner or Contractor may make a Claim therefor as Underground Facilities, including Owner, or by others. provided in Paragraph 10.05. I Unless it is otherwise expressly provided in the Supplementary Conditions: 4.05 Reference Points 1 11 1. Owner and Engineer shall not be responsible A. Owner shall provide engineering surveys to for the accuracy or completeness of any such information establish - reference points for construction which in o r data; and Engineer's judgment are necessary to enable Contractor proceed with the Work. Contractor shall be responsible I to 2. the cost of all of the following will be for laying out the Work, shall protect and preserve the included in the Contract Price, and Contractor shall have established reference points and property monuments, and full responsibility for: shall make no changes or relocations without the prior 1 a. reviewing and checking all such information written approval of. Owner. Contractor shall report to Engineer whenever any reference point or property and data, monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and I b. locating all Underground Facilities shown or shall be responsible for the accurate replacement or indicated in the Contract Documents, relocation of such reference points or property monuments by professionally qualified personnel. I c. coordination of the Work with the owners of such Underground Facilities, including Owner, 4.06 Hazardous Environmental Condition at Site during construction, and A. Reports and Drawings: Reference is made to I d. the safety and protection of all such the Supplementary Conditions for the identification of Underground Facilities and repairing any those reports and drawings relating to a Hazardous damage thereto resulting from the Work. Environmental Condition identified at the Site, if any, that I have been utilized by the Engineer in the preparation of B. Not Shown or Indicated the Contract Documents. 1. If an Underground Facility is uncovered or B. Limited Reliance by Contractor on Technical I revealed at or contiguous to the Site which was not shown Data Authorized: Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the "technical data" contained in such reports accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not I promptly after becoming aware thereof and before further Contract Documents. Such "technical data" is identified disturbing conditions affected thereby or performing any in the Supplementary Conditions. Except for such reliance Work in connection therewith (except in an emergency as on such "technical data," Contractor may not rely upon or EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -12 make any claim against Owner or Engineer, or any of Owner may order the portion of the Work that is in the their Related Entities with respect to: area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to 1. the completeness of such reports and drawings entitlement to or on the amount or extent, if any, of an for Contractor's purposes, including, but not limited to, adjustment in Contract Price or Contract Times as a result any aspects of the means, methods, techniques, sequences of deleting such portion of the Work, then either party and procedures of construction to be employed by may make a Claim therefor as provided in Paragraph Contractor and safety precautions and programs incident 10.05. Owner may have such deleted portion of the Work thereto; or performed by Owner's own forces or others in accordance with Article 7. 2. other data, interpretations, opinions and information contained in such reports or shown or G. To the fullest extent permitted by Laws and indicated in such drawings; or Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the 3. any Contractor interpretation of or conclusion officers, directors, partners, employees, agents, drawn from any "technical data" or any such other data, consultants, and subcontractors of each and any of them interpretations, opinions or information. from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of C. Contractor shall not be responsible for any engineers, architects, attorneys, and other professionals Hazardous Environmental Condition uncovered or and all court or arbitration or other dispute resolution revealed at the Site which was not shown or indicated in costs) arising out of or relating to a Hazardous Drawings or Specifications or identified in the Contract Environmental Condition, provided that such Hazardous Documents to be within the scope of the Work. Environmental Condition: (i) was not shown or indicated Contractor shall be responsible for a Hazardous in the Drawings or Specifications or identified in the Environmental Condition created with any materials Contract Documents to be included within the scope of brought to the Site by Contractor, Subcontractors, the Work, and (ii) was not created by Contractor or by Suppliers, or anyone else for whom Contractor is anyone for whom Contractor is responsible. Nothing in responsible. this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the D. If Contractor encounters a Hazardous consequences of that individual's or entity's own Environmental Condition or if Contractor or anyone for negligence. whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: H. To the fullest extent permitted by Laws and (i) secure or otherwise isolate such condition; (ii) stop all Regulations, Contractor shall indemnify and hold Work in connection with such condition and in any area harmless Owner and Engineer, and the officers, directors, affected thereby (except in an emergency as required by partners, employees, agents, consultants, and Paragraph 6.16.A); and (iii) notify Owner and Engineer subcontractors of each and any of them from and against (and promptly thereafter confirm such notice in writing). all claims, costs, losses, and damages (including but not Owner shall promptly consult with Engineer concerning limited to all fees and charges of engineers, architects, the necessity for Owner to retain a qualified expert to attorneys, and other professionals and all court or evaluate such condition or take corrective action, if any. arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition E. Contractor shall not be required to resume created by Contractor or by anyone for whom Contractor Work in connection with such condition or in any affected is responsible. Nothing in this Paragraph 4.06.H shall area until after Owner has obtained any required permits obligate Contractor to indemnify any individual or entity related thereto and delivered to Contractor written notice: from and against the consequences of that individual's or (i) specifying that such condition and any affected area is entity's own negligence. or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such I. The provisions of Paragraphs 4.02, 4.03, and Work may be resumed safely. If Owner and Contractor 4.04 do not apply to a Hazardous Environmental cannot agree as to entitlement to or on the amount or Condition uncovered or revealed at the Site. extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is ARTICLE 5 - BONDS AND INSURANCE agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice Contractor does not agree to resume such Work based on A. Contractor shall furnish performance and a reasonable belief it is unsafe, or does not agree to payment bonds, each in an amount at least equal to the resume such Work under such special conditions, then Contract Price as security for the faithful performance and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -13 • payment of all of Contractor's obligations under the 5.04 Contractor's Liability Insurance Contract Documents. These bonds shall remain in effect I until one year after the date when final payment becomes A. Contractor shall purchase and maintain such due or until completion of the correction period specified liability and other insurance as is appropriate for the in 13.07; whichever is later, except - as - provided Work being performed and as will provide protection I otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other from claims set forth below which may arise out of or result from Contractor's performance of the Work and bonds as are required by the Contract Documents. Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, B. All bonds shall be in the form prescribed by any Subcontractor or Supplier, or by anyone directly or the Contract Documents except as provided otherwise by indirectly employed by any of them to perform any of the Laws or Regulations, and shall be executed by such Work, or by anyone for whose acts any of them may be I sureties as are named in the current list of "Companies liable: Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring 1. claims under workers' compensation, Companies" as published in Circular 570 (amended) by disability benefits, and other similar employee benefit I the Financial Management Service, Surety Bond Branch, acts; U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the 2. claims for damages because of bodily injury, I agent's authority to act. occupational sickness or disease, or death of Contractor's employees; C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or 3. claims for damages because of bodily injury, I its right to do business is terminated in any state where sickness or disease, or death of any person other than any part of the Project is located or it ceases to meet the Contractor's employees; requirements of Paragraph 5.01.B, Contractor shall I promptly notify Owner and Engineer and shall, within 20 4. claims for damages insured by reasonably days after the event giving rise to such notification, available personal injury liability coverage which are provide another bond and surety, both of which shall sustained: 0 comply with the requirements of Paragraphs 5.01.B and 5.02. a. by any person as a result of an offense directly or indirectly related to the employment of such 5.02 Licensed Sureties and Insurers person by Contractor, or I A. All bonds and insurance required by the b. by any other person for any other reason; Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or 5. claims for damages, other than to the Work I insurance companies that are duly licensed or authorized itself, because of injury to or destruction of tangible in the jurisdiction in which the Project is located to issue property wherever located, including loss of use resulting bonds or insurance policies for the limits and coverages therefrom; and so required. Such surety and insurance companies shall I also meet such additional requirements and qualifications 6. claims for damages because of bodily injury or as may be provided in the Supplementary Conditions. death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. I 5.03 Certificates of Insurance B. The policies of insurance required by this A. Contractor shall deliver to Owner, with copies Paragraph 5.04 shall: each additional insured identified in the Supplementary I to Conditions, certificates of insurance (and other evidence 1. with respect to insurance required by of insurance requested by Owner or any other additional Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include insured) which Contractor is required to purchase and as additional insured (subject to any customary exclusion I maintain. regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the B. Owner shall deliver to Contractor, with copies Supplementary Conditions, all of whom shall be listed as to each additional insured identified in the Supplementary additional insureds, and include coverage for the Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insured) which Owner is required to purchase additional insureds, and the insurance afforded to these I and maintain. additional insureds shall provide primary coverage for all claims covered thereby; EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -14 2. include at least the specific coverages and be and the officers, directors, partners, employees, agents, I written for not less than the limits of liability provided in consultants and subcontractors of each and any of them, the Supplementary Conditions or required by Laws or each of whom is deemed to have an insurable interest and I Regulations, whichever is greater; shall be listed as an insured or additional insured; 3. include completed operations insurance; 2. be written on a Builder's Risk "all- risk" or I open peril or special causes of loss policy form that shall 4. include contractual liability insurance at least include insurance for physical loss or damage to covering Contractor's indemnity obligations under the Work, temporary buildings, false work, and materials Paragraphs 6.11 and 6.20; and equipment in transit, and shall insure against at least I the following perils or causes of loss: fire, lightning, 5. contain a provision or endorsement that the extended coverage, theft, vandalism and malicious coverage afforded will not be canceled, materially mischief, earthquake, collapse, debris removal, I changed or renewal refused until at least 30 days prior demolition occasioned by enforcement of Laws and written notice has been given to Owner and Contractor Regulations, water damage, (other than caused by flood) and to each other additional insured identified in the and such other perils or causes of loss as may be Supplementary Conditions to whom a certificate of specifically required by the Supplementary Conditions; I insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to 3. include expenses incurred in the repair or Paragraph 5.03 will so provide); replacement of any insured property (including but not I limited to fees and charges of engineers and architects); 6. remain in effect at least until fmal payment and at all times thereafter when Contractor may be 4. cover materials and equipment stored at the correcting, removing, or replacing defective Work in Site or at another location that was agreed to in writing by I accordance with Paragraph 13.07; and Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in 7. with respect to completed operations an Application for Payment recommended by Engineer; I insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years 5. allow for partial utilization of the Work by after final payment. Owner; a. Contractor shall furnish Owner and each other 6. include testing and startup; and 4 additional insured identified in the Supplementary Conditions, to whom a certificate 7. be maintained in effect until final payment is , of insurance has been issued, evidence made unless otherwise agreed to in writing by Owner, satisfactory to Owner and any such additional Contractor, and Engineer with 30 days written notice to insured of continuation of such insurance at final each other additional insured to whom a certificate of payment and one year thereafter. insurance has been issued. I 5.05 Owner's Liability Insurance B. Owner shall purchase and maintain such boiler and machinery insurance or additional property I A. In addition to the insurance required to be insurance as may be required by the Supplementary provided by Contractor under Paragraph 5.04, Owner, at Conditions or Laws and Regulations which will include Owner's option, may purchase and maintain at Owner's the interests of Owner, Contractor, Subcontractors, and expense Owner's own liability insurance as will protect Engineer, and any other individuals or entities identified III Owner against claims which may arise from operations in the Supplementary Conditions, and the officers, under the Contract Documents. directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is , 5.06 Property Insurance deemed to have an insurable interest and shall be listed as an insured or additional insured. A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and C. All the policies of insurance (and the I maintain property insurance upon the Work at the Site in certificates or other evidence thereof) required to be the amount of the full replacement cost thereof (subject to purchased and maintained in accordance with Paragraph such deductible amounts as may be provided in the 5.06 will contain a provision or endorsement that the Supplementary Conditions or required by Laws and coverage afforded will not be canceled or materially I Regulations). This insurance shall: changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor 1. include the interests of Owner, Contractor, and to each other additional insured to whom a certificate Subcontractors, and Engineer, and any other individuals of insurance has been issued and will contain waiver or entities identified in the Supplementary Conditions, provisions in accordance with Paragraph 5.07. EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -15 1. loss due to business interruption, loss of use, D. Owner shall not be responsible for purchasing or other consequential loss extending beyond direct 1 and maintaining any property insurance specified in this physical loss or damage to Owner's property or the Work Paragraph 5.06 to protect the interests of Contractor, caused by, arising out of, or resulting from fire or other Subcontractors, or others in the Work to the extent of any perils whether or not insured by Owner; and I deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such 2. loss or damage to the completed Project or identified deductible amount will be borne by Contractor, part thereof caused by, arising out of, or resulting from Subcontractors, or others suffering any such loss, and if fire or other insured peril or cause of loss covered by any I any of them wishes property insurance coverage within the limits of such amounts, each may purchase and property insurance maintained on the completed Project or part thereof by Owner during partial utilization maintain it at the purchaser's own expense. pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment I E. If Contractor requests in writing that other pursuant to Paragraph 14.07. special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if C. Any insurance policy maintained by Owner I possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the Prior to commencement of the Work at the Site, Owner effect that in the event of payment of any such loss, shall in writing advise Contractor whether or not such damage, or consequential loss, the insurers will have no I other insurance has been procured by Owner. rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, 5.07 Waiver of Rights agents, consultants and subcontractors of each and any of I them. A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect 5.08 Receipt and Application of Insurance Proceeds Owner, Contractor, Subcontractors, and Engineer, and all I other individuals or entities identified in the A. Any insured loss under the policies of Supplementary Conditions to be listed as insureds or insurance required by Paragraph 5.06 will be adjusted additional insureds (and the officers, directors, partners, with Owner and made payable to Owner as fiduciary for employees, agents, consultants and subcontractors of each the insureds, as their interests may appear, subject to the and any of them) in such policies and will provide requirements of any applicable mortgage clause and of primary coverage for all losses and damages caused by Paragraph 5.08.B. Owner shall deposit in a separate the perils or causes of loss covered thereby. All such account any money so received and shall distribute it in I policies shall contain provisions to the effect that in the accordance with such agreement as the parties in interest event of payment of any loss or damage the insurers will may reach. If no other special agreement is reached, the have no rights of recovery against any of the insureds or damaged Work shall be repaired or replaced, the moneys I additional insureds thereunder. Owner and Contractor so received applied on account thereof, and the Work and waive all rights against each other and their respective the cost thereof covered by an appropriate Change Order . officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them B. Owner as fiduciary shall have power to adjust I for all losses and damages caused by, arising out of or and settle any loss with the insurers unless one of the resulting from any of the perils or causes of loss covered parties in interest shall object in writing within 15 days by such policies and any other property insurance after the occurrence of loss to Owner's exercise of this I applicable to the Work; and, in addition, waive all such power. If such objection be made, Owner as fiduciary rights against Subcontractors, and Engineer, and all other shall make settlement with the insurers in accordance with individuals or entities identified in the Supplementary such agreement as the parties in interest may reach. If no Conditions to be listed as insured or additional insured such agreement among the parties in interest is reached, I (and the officers, directors, partners, employees, agents, Owner as fiduciary shall adjust and settle the loss with the consultants and subcontractors of each and any of them) insurers and, if required in writing by any party in under such policies for losses and damages so caused. interest, Owner as fiduciary shall give bond for the proper I None of the above waivers shall extend to the rights that performance of such duties. any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise 5.09 Acceptance of Bonds and Insurance; Option to payable under any policy so issued. Replace I B. Owner waives all rights against Contractor, A. If either Owner or Contractor has any Subcontractors, and Engineer, and the officers, directors, objection to the coverage afforded by or other provisions I partners, employees, agents, consultants and subcontractors of each and any of them for: of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. I . Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -16 Documents, the objecting party shall so notify the other received from the superintendent shall be binding on I party in writing within 10 days after receipt of the Contractor. certificates (or other evidence requested) required by I Paragraph 2.01.B. Owner and Contractor shall each 6.02 Labor; Working Hours provide to the other such additional information in respect of insurance provided as the other may reasonably A. Contractor shall provide competent, suitably I request. If either party does not purchase or maintain all qualified personnel to survey and lay out the Work and of the bonds and insurance required of such party by the perform construction as required by the Contract Contract Documents, such party shall notify the other Documents. Contractor shall at all times maintain good party in writing of such failure to purchase prior to the discipline and order at the Site. I start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to B. Except as otherwise required for the safety or any other right or remedy, the other party may elect to protection of persons or the Work or property at the Site I obtain equivalent bonds or insurance to protect such other or adjacent thereto, and except as otherwise stated in the party's interests at the expense of the party who was Contract Documents, all Work at the Site shall be required to provide such coverage, and a Change Order performed during regular working hours. Contractor will shall be issued to adjust the Contract Price accordingly. not permit the performance of Work on a Saturday, I Sunday, or any legal holiday without Owner's written 5.10 Partial Utilization, Acknowledgment of Property consent (which will not be unreasonably withheld) given Insurer after prior written notice to Engineer. I A. If Owner fords it necessary to occupy or use a 6.03 Services, Materials, and Equipment portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph A. Unless otherwise specified in the Contract I 14.05, no such use or occupancy shall commence before Documents, Contractor shall provide and assume full the insurers providing the property insurance pursuant to responsibility for all services, materials, equipment, labor, Paragraph 5.06 have acknowledged notice thereof and in transportation, construction equipment and machinery, writing effected any changes in coverage necessitated tools, appliances, fuel, power, light, heat, telephone, I thereby. The insurers providing the property insurance water, sanitary facilities, temporary facilities, and all other shall consent by endorsement on the policy or policies, facilities and incidentals necessary for the performance, but the property insurance shall not be canceled or testing, start-up, and completion of the Work. permitted to lapse on account of any such partial use or occupancy. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in I ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, I 6.01 Supervision and Superintendence Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and A. Contractor shall supervise, inspect, and direct quality of materials and equipment. the Work competently and efficiently, devoting such I attention thereto and applying such skills and expertise as C. All materials and equipment shall be stored, may be necessary to perform the Work in accordance with applied, installed, connected, erected, protected, used, the Contract Documents. Contractor shall be solely cleaned, and conditioned in accordance with instructions I responsible for the means, methods, techniques, of the applicable Supplier, except as otherwise may be sequences, and procedures of construction. Contractor provided in the Contract Documents. shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific 6.04 Progress Schedule I means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly A. Contractor shall adhere to the Progress required by the Contract Documents. Schedule established in accordance with Paragraph 2.07 I as it may be adjusted from time to time as provided B. At all times during the progress of the Work, below. Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's 'representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700 -17 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) 2) it will conform substantially to the I proposed adjustments in the Progress Schedule that will detailed requirements of the item named in the not result in changing the Contract Times. Such Contract Documents. adjustments will comply with any provisions of the I General Requirements applicable thereto. 2. Substitute Items 2. Proposed adjustments in the Progress a. If in Engineer's sole discretion an item of Schedule that will change the Contract Times shall be material or equipment proposed by Contractor I submitted in accordance with the requirements of Article does not qualify as an "or- equal" item under 12. Adjustments in Contract Times may only be made by Paragraph 6.05.A.1, it will be considered a a Change Order. proposed substitute item. 6.05 Substitutes and "Or- Equals" b. Contractor shall submit sufficient information as provided below to allow Engineer to A. Whenever an item of material or equipment is determine that the item of material or equipment I specified or described in the Contract Documents by proposed is essentially equivalent to that named using the name of a proprietary item or the name of a and an acceptable substitute therefor. Requests particular Supplier, the specification or description is for review of proposed substitute items of I intended to establish the type, function, appearance, and material or equipment will not be accepted by quality required. Unless the specification or description Engineer from anyone other than Contractor. contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is c. The requirements for review by Engineer will I permitted, other items of material or equipment or be as set forth in Paragraph 6.05.A.2.d, as material or equipment of other Suppliers may be supplemented in the General Requirements and submitted to Engineer for review under the circumstances as Engineer may decide is appropriate under the described below. circumstances. I 1. "Or-Equal" Items: If in Engineer's sole d. Contractor shall make written application to • discretion an item of material or equipment proposed by Engineer for review of a proposed substitute item Contractor is functionally equal to that named and of material or equipment that Contractor seeks to sufficiently similar so that no change in related Work will furnish or use. The application: be required, it may be considered by Engineer as an I "or- equal" item, in which case review and approval of the 1) shall certify that the proposed proposed item may, in Engineer's sole discretion, be substitute item will: accomplished without compliance with some or all of the requirements for approval of proposed substitute items. a) perform adequately the functions and I For the purposes of this Paragraph 6.05.A.1, a proposed achieve the results called for by the item of material or equipment will be considered general design, functionally equal to an item so named if: b) be similar in substance to that I a. in the exercise of reasonable judgment specified, and Engineer determines that: c) be suited to the same use as that 1) it is at least equal in materials of specified; construction, quality, durability, appearance, strength, and design characteristics; 2) will state: I 2) it will reliably perform at least a) the extent, if any, to which the use of equally well the function and achieve the results the proposed substitute item will imposed by the design concept of the completed prejudice Contractor's achievement of I Project as a functioning whole, Substantial Completion on time; 3) it has a proven record of performance b) whether or not use of the proposed and availability of responsive service; and substitute item in the Work will require I a change in any of the Contract b. Contractor certifies that, if approved and Documents (or in the provisions of any incorporated into the Work: other direct contract with Owner for I 1) there will be no increase in cost to other work on the Project) to adapt the . design to the proposed substitute item; the Owner or increase in Contract Times, and and EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -18 charges of Engineer for making changes in the Contract ' c) whether or not incorporation or use Documents (or in the provisions of any other direct of the proposed substitute item in contract with Owner) resulting from the acceptance of connection with the Work is subject to each proposed substitute. payment of any license fee or royalty; F. Contractor's Expense: Contractor shall ' 3) will identify: provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. a) all variations of the proposed substitute item from that specified , and 6.06 Concerning Subcontractors, Suppliers, and I Others b) available engineering, sales, maintenance, repair, and replacement A. Contractor shall not employ any ' services; Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in 4) and shall contain an itemized Paragraph 6.06.B), whether initially or as a replacement, estimate of all costs or credits that will result against whom Owner may have reasonable objection. I directly or indirectly from use of such substitute Contractor shall not be required to employ any item, including costs of redesign and claims of Subcontractor, Supplier, or other individual or entity to other contractors affected by any resulting furnish or perform any of the Work against whom 1 change, Contractor has reasonable objection. B. Substitute Construction Methods or B. If the Supplementary Conditions require the Procedures: If a specific means, method, technique, identity of certain Subcontractors, Suppliers, or other I sequence, or procedure of construction is expressly individuals o r entities to be submitted to Owner in required by the Contract Documents, Contractor may advance for acceptance by Owner by a specified date furnish or utilize a substitute means, method, technique, prior to the Effective Date of the Agreement, and if I sequence, or procedure of construction approved by Contractor has submitted a list thereof in accordance with Engineer. Contractor shall submit sufficient information the Supplementary Conditions, Owner's acceptance to allow Engineer, in Engineer's sole discretion, to (either in writing or by failing to make written objection determine that the substitute proposed is equivalent to that thereto by the date indicated for acceptance or objection expressly called for by the Contract Documents. The in_the Bidding Documents or the Contract Documents) of I I requirements for review by Engineer will be similar to any such Subcontractor, Supplier, or other individual or those provided in Paragraph 6.05.A.2. entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor ' C. Engineer's Evaluation: Engineer will be shall submit an acceptable replacement for the rejected allowed a reasonable time within which to evaluate each Subcontractor, Supplier, or other individual or entity, and proposal or submittal made pursuant to Paragraphs 6.05.A the Contract Price will be adjusted by the difference in the I and 6.05.B. Engineer may require Contractor to furnish cost occasioned by such replacement, and an appropriate additional data about the proposed substitute item. Change Order will be issued . No acceptance by Owner of Engineer will be the sole judge of acceptability. No "or any such Subcontractor, Supplier, or other individual or equal" or substitute will be ordered, installed or utilized entity, whether initially or as a replacement, shall I until Engineer's review is complete, which will be constitute a waiver of any right of Owner or Engineer to evidenced by either a Change Order for a substitute or an • reject defective Work. approved Shop Drawing for an "or equal." Engineer will I advise Contractor in writing of any negative C. Contractor shall be fully responsible to Owner determination. and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or I D. Special Guarantee: Owner may require .entities performing or furnishing any of the Work just as Contractor to furnish at Contractor's expense a special Contractor is responsible for Contractor's own acts and performance guarantee or other surety with respect to any omissions. Nothing in the Contract Documents: substitute. 1. shall create for the benefit of any such E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer entity, nor approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents O charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or Engineer to substitute. Contractor shall also reimburse Owner for the pay or to see to the payment of any moneys due any such EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -19 ri I Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and B. To the fullest extent permitted by Laws and i Regulations. Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, D. Contractor shall be solely responsible for partners, employees, agents, consultants and I scheduling and coordinating the Work of Subcontractors, subcontractors of each and any of them from and against Suppliers, and other individuals or entities performing or all claims, costs, losses, and damages (including but not furnishing any of the Work under a direct or indirect limited to all fees and charges of engineers, architects, contract with Contractor. attorneys, and other professionals and all court or I E. Contractor shall require all Subcontractors, arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or Suppliers, and such other individuals or entities copyrights incident to the use in the performance of the I performing or furnishing any of the Work to communicate with Engineer through Contractor. Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. , F. The divisions and sections of the I Specifications and the identifications of any Drawings 6.08 Permits shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be A.. Unless otherwise provided in the performed by any specific trade. Supplementary Conditions, Contractor shall obtain and I pay for all construction permits and licenses. Owner shall G. All Work performed for Contractor by a assist Contractor, when necessary, in obtaining such Subcontractor or Supplier will be pursuant to an permits and licenses. Contractor shall pay all I appropriate agreement between Contractor and the Subcontractor or Supplier which specifically governmental charges and inspection fees necessary for fically binds the the prosecution of the Work which are applicable at the Subcontractor or Supplier to the applicable terms and time of opening of Bids, or, if there are no Bids, on the conditions of the Contract Documents for the benefit of Effective Date of the Agreement. Owner shall pay all I Owner and Engineer. Whenever any such agreement is charges of utility owners for connections for providing with a Subcontractor or Supplier who is listed as an permanent service to the Work. additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor 6.09 Laws and Regulations and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights A. Contractor shall give all notices required by I against Owner, Contractor, and Engineer, and all other and shall comply with all Laws and Regulations individuals or entities identified in the Supplementary applicable to the performance of the Work. Except where Conditions to be listed as insureds or additional insureds otherwise expressly required by applicable Laws and (and the officers, directors, partners, employees, agents, Regulations, neither Owner nor Engineer shall be I consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, responsible for monitoring Contractor's compliance with any Laws or Regulations. relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property B. If Contractor performs any Work knowing or I insurance applicable to the Work. If the insurers on any having reason to know that it is contrary to Laws or such policies require separate waiver forms to be signed Regulations, Contractor shall bear all claims, costs, by any Subcontractor or Supplier, Contractor will obtain losses, and damages (including but not limited to all fees I the same. and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute 6.07 Patent Fees and Royalties resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary I A. Contractor shall pay all license fees and responsibility to make certain that the Specifications and royalties and assume all costs incident to the use in the Drawings are in accordance with Laws and Regulations, performance of the Work or the incorporation in the Work but this shall not relieve Contractor of Contractor's I of any invention, design, process, product, or device obligations under Paragraph 3.03. which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, C. Changes in Laws or Regulations not known at or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of I in the performance of the Work and if to the actual the Agreement if there were no Bids) having an effect on knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract I license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any Documents. EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 • such adjustment, a Claim may be made therefor as original condition all property not designated for I provided in Paragraph 10.05. alteration by the Contract Documents. 6.10 Taxes D. Loading Structures: Contractor shall not load 1 nor permit any part of any structure to be loaded in any A. Contractor shall pay all sales, consumer, use, manner that will endanger the structure, nor shall I and other similar taxes required to be paid by Contractor Contractor subject any part of the Work or adjacent in accordance with the Laws and Regulations of the place property to stresses or pressures that will endanger it. of the Project which are applicable during the performance of the Work. 6.12 Record Documents I 6.11 Use of Site and Other Areas A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, I A. Limitation on Use of Site and Other Areas Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in 1. Contractor shall confine construction good order and annotated to show changes made during equipment, the storage of materials and equipment, and construction. These record documents together with all I the operations of workers to the Site and other areas approved Samples and a counterpart of all approved Shop permitted by Laws and Regulations, and shall not Drawings will be available to Engineer for reference. unreasonably encumber the Site and other areas with Upon completion of the Work, these record documents, I construction equipment or other materials or equipment. Samples, and Shop Drawings will be delivered to Contractor shall assume full responsibility for any Engineer for Owner. damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas 6.13 Safety and Protection I resulting from the performance of the Work. A. Contractor shall be solely responsible for 2. Should any claim be made by any such owner initiating, maintaining and supervising all safety I or occupant because of the performance of the Work, precautions and programs in connection with the Work. Contractor shall promptly settle with such other party by Contractor shall take all necessary precautions for the negotiation or otherwise resolve the claim by arbitration safety of, and shall provide the necessary protection to "I or other dispute resolution proceeding or at law. prevent damage, injury or loss to: 3. To the fullest extent permitted by Laws and 1. all persons on the Site or who may be affected Regulations, Contractor shall indemnify and hold by the Work; I harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and 2. all the Work and materials and equipment to subcontractors of each and any of them from and against be incorporated therein, whether in storage on or off the all claims, costs, losses, and damages (including but not Site; and I limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 3. other property at the Site or adjacent thereto, arbitration or other dispute resolution costs) arising out of including trees, shrubs, lawns, walks, pavements, I or relating to any claim or action, legal or equitable, roadways, structures, utilities, and Underground Facilities brought by any such owner or occupant against Owner, not designated for removal, relocation, or replacement in Engineer, or any other party indemnified hereunder to the the course of construction. extent caused by or based upon Contractor's performance I of the Work. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or B. Removal of Debris During Performance of the property, or to the protection of persons or property from Work: During the progress of the Work Contractor shall damage, injury, or loss; and shall erect and maintain all I keep the Site and other areas free from accumulations of necessary safeguards for such safety and protection. waste materials, rubbish, and other debris. Removal and Contractor shall notify owners of adjacent property and of disposal of such waste materials, rubbish, and other debris Underground Facilities and other utility owners when I shall conform to applicable Laws and Regulations. prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, C. Cleaning: Prior to Substantial Completion of relocation, and replacement of their property. the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the C. All damage, injury, or loss to any property completion of the Work Contractor shall remove from the referred to in Paragraph 6.13.A.2 or 6.13.A.3. caused, Site all tools, appliances, construction equipment and directly or indirectly, in whole or in part, by Contractor, machinery, and surplus materials and shall restore to any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700 - 21 I perform any of the Work, or anyone for whose acts any of a. Submit number of copies specified in the them may be liable, shall be remedied by Contractor General Requirements. 1 (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of b. Data shown on the Shop Drawings will be Owner or or , or anyone employed by any of complete with respect to quantities, dimensions, I them, or anyone for whose acts any of them may be specified performance and design criteria, liable, and not attributable, directly or indirectly, in whole materials, and similar data to show Engineer the or in part, to the fault or negligence of Contractor or any services, materials, and equipment Contractor Subcontractor, Supplier, or other individual or entity proposes to provide and to enable Engineer to I directly or indirectly employed by any of them). review the information for the limited purposes required by Paragraph 6.17.D. D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until 2. Samples: Contractor shall also submit I such time as all the Work is completed and Engineer has Samples to Engineer for review and approval in issued a notice to Owner and Contractor in accordance accordance with the acceptable schedule of Shop with Paragraph 14.07.B that the Work is acceptable Drawings and Sample submittals. I (except as otherwise expressly provided in connection with Substantial Completion). a. Submit number of Samples specified in the . Specifications. I 6.14 Safety Representative A. Contractor shall designate a qualified and b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, experienced safety representative at the Site whose duties the use for which intended and other data as I and responsibilities shall be the prevention of accidents Engineer may require to enable Engineer to and the maintaining and supervising of safety precautions review the submittal for the limited purposes and programs. required by Paragraph 6.17.D. • II 6.15 Hazard Communication Programs B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, 0 A. Contractor shall be responsible for any related Work performed prior to Engineer's review coordinating any exchange of material safety data sheets and approval of the pertinent submittal will be at the sole or other hazard communication information required to be expense and responsibility of Contractor. made available to or exchanged between or among employers at the Site in accordance with Laws or C. Submittal Procedures I Regulations. 1. Before submitting each Shop Drawing or 6.16 Emergencies Sample, Contractor shall have determined and verified: I A. In emergencies affecting the safety or a. all field measurements, quantities, dimensions, protection of persons or the Work or property at the Site specified performance and design criteria, or adjacent thereto, Contractor is obligated to act to installation requirements, materials, catalog I prevent threatened damage, injury, or loss. Contractor numbers, and similar information with respect shall give Engineer prompt written notice if Contractor thereto; believes that any significant changes in the Work or I variations from the Contract Documents have been caused b. the suitability of all materials with respect to thereby or are required as a result thereof. If Engineer intended use, fabrication, shipping, handling, determines that a change in the Contract Documents is storage, assembly, and installation pertaining to required because of the action taken by Contractor in the performance of the Work; I response to such an emergency, a Work Change Directive or Change Order will be issued. c. all information relative to Contractor's responsibilities for means, methods, techniques, I 6.17 Shop Drawings and Samples sequences, and procedures of construction, and safety precautions and programs incident thereto; A. Contractor shall submit Shop Drawings and and Samples to Engineer for review and approval in I accordance with the acceptable Schedule of Submittals d. shall also have reviewed and coordinated each (as required by Paragraph 2.07). Each submittal will be Shop Drawing or Sample with other Shop identified as Engineer may require. Drawings and Samples and with. the I 1. Shop Drawings requirements of the Work and the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 2. Each submittal shall bear a stamp or specific 6.18 Continuing the Work written certification that Contractor has satisfied Contractor's obligations under the Contract Documents A. Contractor shall carry on the Work and adhere with respect to Contractor's review and approval of that to the Progress Schedule during all disputes or submittal. disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or 3. With each submittal, Contractor shall give disagreements, except as permitted by Paragraph 15.04 or Engineer specific written notice of any variations that the as Owner and Contractor may otherwise agree in writing. Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a 6.19 Contractor's General Warranty and Guarantee written communication separate from the Shop Drawing or Sample Submittal; and, in addition, by a specific A. Contractor warrants and guarantees to Owner notation made on each Shop Drawing or Sample that all Work will be in accordance with the Contract submitted to Engineer for review and approval of each Documents and will not be defective. Engineer and its such variation. Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. D. Engineer's Review B. Contractor's warranty and guarantee 1. Engineer will provide timely review of Shop hereunder excludes defects or damage caused by: Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review 1. abuse, modification, or improper maintenance and approval will be only to determine if the items or operation by persons other than Contractor, covered by the submittals will, after installation or Subcontractors, Suppliers, or any other individual or incorporation in the Work, conform to the information entity for whom Contractor is responsible; or given in the Contract Documents and be compatible with the design concept of the completed Project as a 2. normal wear and tear under normal usage. functioning whole as indicated by the Contract Documents. C. Contractor's obligation to perform and complete the Work in accordance with the Contract 2. Engineer's review and approval will not Documents shall be absolute. None of the following will extend to means, methods, techniques, sequences, or constitute an acceptance of Work that is not in accordance procedures of construction (except where a particular with the Contract Documents or a release of Contractor's means, method, technique, sequence, or procedure of obligation to perform the Work in accordance with the construction is specifically and expressly called for by the Contract Documents: Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate 1. observations by Engineer; item as such will not indicate approval of the assembly in which the item functions. 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation 3. the issuance of a certificate of Substantial from the requirements of the Contract Documents unless Completion by Engineer or any payment related thereto Contractor has complied with the requirements of by Owner; Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written 4. use or occupancy of the Work or any part notation thereof incorporated in or accompanying the thereof by Owner; Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for 5. any review and approval of a Shop Drawing or complying with the requirements of Paragraph 6.17.C.1. Sample submittal or the issuance of a notice of acceptability by Engineer; E. Resubmittal Procedures 6. any inspection, test, or approval by others; or 1. Contractor shall make corrections required by Engineer and shall return the required number of 7. any correction of defective Work by Owner. corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. 6.20 Indemnification Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer A. To the fullest extent permitted by Laws and on previous submittals. Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 ' fr m and against Engineer will specify all performance and design criteria desi subcontractors of each and any of them o d aga st g p fY p g all claims, costs, losses, and damages (including but not that such services must satisfy. Contractor shall cause limited to all fees and charges of engineers, architects, such services or certifications to be provided by a attorneys, and other professionals and all court or properly licensed professional, whose signature and seal arbitration or other dispute costs) arising out of shall appear on all drawings, calculations, specification," I or relating to the performance of the Work, provided that certifications, Shop Drawings and other submittals any such claim, cost, loss, or damage is attributable to prepared by such professional. Shop Drawings and other bodily injury, sickness, disease, or death, or to injury to or submittals related to the Work designed or certified by destruction of tangible property (other than the Work such professional, if prepared by others, shall bear such I itself), including the loss of use resulting therefrom but professional's written approval when submitted to only to the extent caused by any negligent act or omission Engineer. of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any C. Owner and Engineer shall be entitled to rely I of them to perform any of the Work or anyone for whose upon the adequacy, accuracy and completeness of the acts any of them may be liable . services, certifications or approvals performed by such design professionals, provided Owner and Engineer have I B. In any and all claims against Owner or specified to Contractor all performance and design criteria Engineer or any of their respective consultants, agents, that such services must satisfy. officers, directors, partners, or employees by any employee (or the survivor or personal representative of D. Pursuant to this Paragraph 6.21, Engineer's I such employee) of Contractor, any Subcontractor, any review and approval of design calculations and design Supplier, or any individual or entity directly or indirectly drawings will be only for the limited purpose of checking employed by any of them to perform any of the Work, or for conformance with performance and design criteria I anyone for whose acts any of them may be liable, the given and the design concept expressed in the Contract indemnification obligation under Paragraph 6.20.A shall Documents. Engineer's review and approval of Shop not be limited in any way by any limitation on the amount Drawings and other submittals (except design calculations or type of damages, compensation, or benefits payable by and design drawings) will be only for the purpose stated I or for Contractor or any such Subcontractor, Supplier, or in Paragraph 617.D.1. other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit E. Contractor shall not be responsible for the acts. adequacy of the performance or design criteria required by the Contract Documents. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of I Engineer and Engineer's officers, directors, partners, ARTICLE 7 - OTHER WORK AT THE SITE employees, agents, consultants and subcontractors arising out of: I 7.01 Related Work at Site 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, A. Owner may perform other work related to the surveys, Change Orders, designs, or Specifications; or Project at the Site with Owner's employees, or via other I direct contracts therefor, or have other work performed by 2. giving directions or instructions, or failing to utility owners. If such other work is not noted in the give them, if that is the primary cause of the injury or Contract Documents, then: I damage. 1. written notice thereof will be given to 6.21 Delegation of Professional Design Services Contractor prior to starting any such other work; and I A. Contractor will not be required to provide 2. if Owner and Contractor are unable to agree professional design services unless such services are on entitlement to or on the amount or extent, if any, of specifically required by the Contract Documents for a any adjustment in the Contract Price or Contract Times portion of the Work or unless such services are required that should be allowed as a result of such other work, a to carry out Contractor's responsibilities for construction Claim may be made therefor as provided in Paragraph means, methods, techniques, sequences and procedures. 10.05. Contractor shall not be required to provide professional U services in violation of applicable law. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with I certifications by a design professional related to systems, materials or equipment are specifically required of Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 work, and shall properly coordinate the Work with theirs. disruption costs incurred by such other contractor as a I Contractor shall do all cutting, fitting, and patching of the result of Contractor's action or inactions. Work that may be required to properly connect or I otherwise make its several parts come together and properly integrate with such other work. Contractor shall ARTICLE 8 - OWNER'S RESPONSIBILITIES not endanger any work of others by cutting, excavating, I or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the 8.01 Communications to Contractor others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for A. Except as otherwise provided in these General , the benefit of such utility owners and other contractors to Conditions, Owner shall issue all communications to the extent that there are comparable provisions for the Contractor through Engineer. benefit of Contractor in said direct contracts between I Owner and such utility owners and other contractors. 8.02 Replacement of Engineer C. If the proper execution or results of any part A. In case of termination of the employment of of Contractor's Work depends upon work performed by Engineer, Owner shall appoint an engineer to whom 1 others under this Article 7, Contractor shall inspect such Contractor makes no reasonable objection, whose status other work and promptly report to Engineer in writing any under the Contract Documents shall be that of the former delays, defects, or deficiencies in such other work that Engineer. render it unavailable or unsuitable for the proper I execution and results of Contractor's Work. Contractor's 8.03 Furnish Data failure to so report will constitute an acceptance of such other work as fit and proper for integration with A. Owner shall promptly furnish the data I Contractor's Work except for latent defects and required of Owner under the Contract Documents. deficiencies in such other work. 8.04 Pay When Due I 7.02 Coordination A. Owner shall make payments to Contractor A. If Owner intends to contract with others for when they are due as provided in Paragraphs 14.02.0 and the performance of other work on the Project at the Site, 14.07.C. 0 the following will be set forth in Supplementary Conditions: 8.05 Lands and Easements; Reports and Tests i. the individual or entity who will have A. Owner's duties in respect of providing lands i authority and responsibility for coordination of the and easements and providing engineering surveys to , activities among the various contractors will be identified; establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying I 2. the specific matters to be covered by such and making available to Contractor copies of reports of authority and responsibility will be itemized; and explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing I 3. the extent of such authority and surface or subsurface structures at or contiguous to the responsibilities will be provided. Site that have been utilized by Engineer in preparing the Contract Documents. B. Unless otherwise provided in the I Supplementary Conditions, Owner shall have sole 8.06 Insurance authority and responsibility for such coordination. • A. Owner's responsibilities, if any, in respect to 7.03 Legal Relationships purchasing and maintaining liability and property I insurance are set forth in Article 5. A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. 8.07 Change Orders I B. Each other direct contract of Owner under A. Owner is obligated to execute Change Orders Paragraph 7.01.A shall provide that the other contractor is as indicated in Paragraph 10.03. liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a 8.08 Inspections, Tests, and Approvals result of the other contractor's actions or inactions. A. Owner's responsibility in respect to certain C. Contractor shall be liable to Owner and any inspections, tests, and approvals is set forth in Paragraph other contractor for the reasonable direct delay and 13.03.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700 - 25 I Owner informed of the progress of the Work and will 8.09 Limitations on Owner's Responsibilities endeavor to guard Owner against defective Work. A. The Owner shall not supervise, direct, or have B. Engineer's visits and observations are subject • control or authority over; - nor be responsible for, to all the limitations on Engineer's authority and I Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's programs incident thereto, or for any failure of Contractor visits or observations of Contractor's Work Engineer will to comply with Laws and Regulations applicable to the not supervise, direct, control, or have authority over or be I performance of the Work. Owner will not be responsible responsible for Contractor's means, methods, techniques, for Contractor's failure to perform the Work in sequences, or procedures of construction, or the safety accordance with the Contract Documents. precautions and programs incident thereto, or for any I 8.10 Undisclosed Hazardous Environmental failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Condition 9.03 Project Representative I A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set A. If Owner and Engineer agree, Engineer will forth in Paragraph 4.06. furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the 8.11 Evidence of Financial Arrangements Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as A. If and to the extent Owner has agreed to provided in the Supplementary Conditions, and I furnish Contractor reasonable evidence that financial limitations on the responsibilities thereof will be as arrangements have been made to satisfy Owner's provided in Paragraph 9.09. If Owner designates another obligations under the Contract Documents; Owner's representative or agent to represent Owner at the Site who I responsibility in respect thereof will be as set forth in the Supplementary Conditions. is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the 0 Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.04 Authorized Variations in Work Engineer may authorize minor variations in I A. 9.01 Owner's Representative the Work from the requirements of the Contract Documents which do not involve an adjustment in the A. Engineer will be Owner's representative Contract Price or the Contract Times and are compatible I during the construction period. The duties and with the design concept of the completed Project as a responsibilities and the limitations of authority of functioning whole as indicated by the Contract Engineer as Owner's representative during construction Documents. These may be accomplished by a Field Order I are set forth in the Contract Documents and will not be and will be binding on Owner and also on Contractor, changed without written consent of Owner and Engineer. who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an 9.02 Visits to Site adjustment in the Contract Price or Contract Times, or I A. Engineer will make visits to the Site at both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, intervals appropriate to the various stages of construction a Claim may be made therefor as provided in Paragraph I as Engineer deems necessary in order to observe as an 10.05. experienced and qualified design professional the progress that has been made and the quality of the various 9.05 Rejecting Defective Work aspects of Contractor's executed Work. Based on I information obtained during such visits and observations, Engineer, for the benefit A. Engineer will have authority to reject Work fit of Owner, will determine, in which Engineer believes to be defective, or that Engineer general, if the Work is proceeding in accordance with the believes will not produce a completed Project that Contract Documents. Engineer will not be required to conforms to the Contract Documents or that will prejudice I make exhaustive or continuous inspections on the Site to the integrity of the design concept of the completed check the quality or quantity of the Work. Engineer's Project as a functioning whole as indicated by the efforts will be directed toward providing for Owner a Contract Documents. Engineer will also have authority to I . greater degree of confidence that the completed Work will require special inspection or testing of the Work as conform generally to the Contract Documents. On the provided in Paragraph 13.04, whether or not the Work is basis of such visits and observations, Engineer will keep fabricated, installed, or completed. EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 partiality to Owner or Contractor and will not be liable in I 9.06 Shop Drawings, Change Orders and Payments connection with any interpretation or decision rendered in good faith in such capacity. I A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see 9.09 Limitations on Engineer's Authority and Paragraph 6.17. Responsibilities I B. In connection with Engineer's authority, and A. Neither Engineer's authority or responsibility limitations thereof, as to design calculations and design under this Article 9 or under any..other provision of the drawings submitted in response to a delegation of Contract Documents nor any decision made by Engineer I professional design services, if any, see Paragraph 6.21. in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or C. In connection with Engineer's authority as to performance of any authority or responsibility by I Change Orders, see Articles 10, 11, and 12. Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to D. In connection with Engineer's authority as to Contractor, any Subcontractor, any Supplier, any other Applications for Payment, see Article 14. individual or entity, or to any surety for or employee or I agent of any of them. 9.07 Determinations for Unit Price Work B. Engineer will not supervise, direct, control, or A. Engineer will determine the actual quantities have authority over or be responsible for Contractor's and classifications of Unit Price Work performed by means, methods, techniques, sequences, or procedures of Contractor. Engineer will review with Contractor the construction, or the safety precautions and programs Engineer's preliminary determinations on such matters incident thereto, or for any failure of Contractor to before rendering a written decision thereon (by comply with Laws and Regulations applicable to the • recommendation of an Application for Payment or performance of the Work. Engineer will not be otherwise). Engineer's written decision thereon will be responsible for Contractor's failure to perform the Work fm I al and binding (except as modified by Engineer to in accordance with the Contract Documents. reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of C. Engineer will not be responsible for the acts Paragraph 10.05. or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing 9.08 Decisions on Requirements of Contract any of the Work. il Documents and Acceptability of Work II D Engineer's review the fi A f D. Lill�',1ll ' GG1 J 1GV1GW of the final Application for A. Engineer will be the initial interpreter of the Payment and accompanying documentation and all . requirements of the Contract Documents and judge of the maintenance and operating instructions, schedules, acceptability of the Work thereunder. All matters in guarantees, bonds, certificates of inspection, tests and I question and other matters between Owner and Contractor approvals, and other documentation required to be arising prior to the date final payment is due relating to delivered by Paragraph 14.07.A will only be to determine the acceptability of the Work, and the interpretation of the generally that their content complies with the I requirements of the Contract Documents pertaining to the requirements of, and in the case of certificates of performance of the Work, will be referred initially to inspections, tests, and approvals, that the results certified Engineer in writing within 30 days of the event giving rise indicate compliance with the Contract Documents. to the question I E. The limitations upon authority and B. Engineer will, with reasonable promptness, responsibility set forth in this Paragraph 9.09 shall also render a written decision on the issue referred. If Owner apply to, the Resident Project Representative, if any, and or Contractor believe that any such decision entitles them assistants, if any. I to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the ARTICLE 10 - CHANGES IN THE WORK; CLAIMS I event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 1 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract 10.05 Claims 1 Documents (except as otherwise specifically provided). A. Engineer's Decision Required: All Claims, - B. If Owner and Contractor - are unable to agree except those 'waived pursuant to Paragraph 14.09, shall be on entitlement to, or on the amount or extent, if any, of an referred to the Engineer for decision. A decision by adjustment in the Contract Price or Contract Times, or Engineer shall be required as a condition precedent to any both, that should be allowed as a result of a Work Change exercise by Owner or Contractor of any rights or remedies Directive, a Claim may be made therefor as provided in either may otherwise have under the Contract Documents I Paragraph 10.05. or by Laws and Regulations in respect of such Claims. 10.02 Unauthorized Changes in the Work B. Notice: Written notice stating the general I A. Contractor shall not be entitled to an increase nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in the Contract Price or an extension of the Contract in no event later than 30 days) after the start of the event Times with respect to any work performed that is not giving rise thereto. The responsibility to substantiate a I required by the Contract Documents as amended, Claim shall rest with the party making the Claim. Notice modified, or supplemented as provided in Paragraph 3.04, of the amount or extent of the Claim, with supporting data except in the case of an emergency as provided in shall be delivered to the Engineer and the other party to I Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such 10.03 Execution of Change Orders Claim). A Claim for an adjustment in Contract Price shall I be prepared in accordance with the provisions of A. Owner and Contractor shall execute Paragraph 12.01.B. A Claim for an adjustment in Contract appropriate Change Orders recommended by Engineer Time shall be prepared in accordance with the provisions I covering: of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment 1. changes in the Work which are: (i) ordered by claimed is the entire adjustment to which the claimant 0 Owner pursuant to Paragraph 10.01.A, (ii) required believes it is entitled as a result of said event. The because of acceptance of defective Work under Paragraph opposing party shall submit any response to Engineer and 13.08.A or Owner's correction of defective Work under the claimant within 30 days after receipt of the claimant's Paragraph 13.09, or (iii) agreed to by the parties; last submittal (unless Engineer allows additional time). I 2. changes in the Contract Price or Contract C. Engineer's Action: Engineer will review each Times which are agreed to by the parties, including any Claim and, within 30 days after receipt of the last undisputed sum or amount of time for Work actually submittal of the claimant or the last submittal of the I performed in accordance with a Work Change Directive; and opposing party, if any, take one of the following actions in writing: 3. changes in the Contract Price or Contract 1. deny the Claim in whole or in part, I Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 2. approve the Claim, or 10.05; provided that, in lieu of executing any such I Change Order, an appeal may be taken from any such 3. notify the parties that the Engineer is unable to decision in accordance with the provisions of the Contract resolve the Claim if, in the Engineer's sole discretion, it Documents and applicable Laws and Regulations, but would be inappropriate for the Engineer to do so. For during any such appeal, Contractor shall carry on the purposes of further resolution of the Claim, such notice I Work and adhere to the Progress Schedule as provided iri shall be deemed a denial. Paragraph 6.18.A. D. In the event that Engineer does not take action I 10.04 Notification to Surety on a Claim within said 30 days, the Claim shall be deemed denied. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract E. Engineer's written action under Paragraph I Documents (including, but not limited to, Contract Price 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or or Contract Times) is required by the provisions of any 10.05.D will be final and binding upon Owner and bond to be given to a surety, the giving of any such notice Contractor, unless Owner or Contractor invoke the I will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. any such change. I EJCDC C -700 Standard General Conditions of the Construction Contract. t © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 • F. No Claim for an adjustment in Contract Price Contractor and shall deliver such bids to Owner, who will I or Contract Times will be valid if not submitted in then determine, with the advice of Engineer, which bids, accordance with this Paragraph 10.05. if any, will be acceptable. If any subcontract provides that I the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work ARTICLE 11 - COST OF THE WORK; and fee shall be determined in the same manner as I ALLOWANCES; UNIT PRICE WORK Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 11.01 Cost of the Work 4. Costs of special consultants (including but not I limited to Engineers, architects, testing laboratories, A. Costs Included: The term Cost of the Work surveyors, attorneys, and accountants) employed for means the sum of all costs, except those excluded in services specifically related to the Work. I Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When 5. Supplemental costs including the following: the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is a. The proportion of necessary transportation, determined on the basis of Cost of the Work, the costs to travel, and subsistence expenses of Contractor's be reimbursed to Contractor will be only those additional employees incurred in discharge of duties or incremental costs required because of the change in the connected with the Work. I Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by b. Cost, including transportation and Owner, such costs shall be in amounts no higher than maintenance, of all materials, supplies, those prevailing in the locality of the Project, shall include equipment, machinery, appliances, office, and only the following items, and shall not include any of the temporary facilities at the Site, and hand tools costs itemized in Paragraph 11.01.B. not owned by the workers, which are consumed in the performance of the Work, and cost, less I 1. Payroll costs for employees in the direct market value, of such items used but not employ of Contractor in the performance of the Work consumed which remain the property of under schedules of job classifications agreed upon by Contractor. Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other c. Rentals of all construction equipment and personnel employed full time at the Site. Payroll costs for machinery, and the parts thereof whether rented ill employees not employed full time on the Work shall be from Contractor or others in accordance with ■ apportioned on the basis of their time spent on the Work. rental agreements approved by Owner with the Payroll costs shall include, but not be limited to, salaries advice of Engineer, and the costs of and wages plus the cost of fringe benefits, which shall transportation, loading, unloading, assembly, . include social security contributions, unemployment, dismantling, and removal thereof. All such costs I excise, and payroll taxes, workers' compensation, health shall be in accordance with the terms of said and retirement benefits, bonuses, sick leave, vacation and rental agreements. The rental of any such holiday pay applicable thereto. The expenses of equipment, machinery, or parts shall cease when I performing Work outside of regular working hours, on the use thereof is no longer necessary for the Saturday, Sunday, or legal holidays, shall be included in Work. the above to the extent authorized by Owner. d. Sales, consumer, use, and other similar taxes 2. Cost of all materials and equipment furnished related to the Work, and for which Contractor is and incorporated in the Work, including costs of liable, imposed by Laws and Regulations. transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash e. Deposits lost for causes other than negligence I discounts shall accrue to Contractor unless Owner of Contractor, any Subcontractor, or anyone deposits funds with Contractor with which to make directly or indirectly employed by any of them or payments, in which case the cash discounts shall accrue to for whose acts any of them may be liable, and I Owner. All trade discounts, rebates and refunds and royalty payments and fees for permits and returns from sale of surplus materials and equipment shall licenses. accrue to Owner, and Contractor shall make provisions so that they may be obtained. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated 3. Payments made by Contractor to by insurance or otherwise, sustained by Subcontractors for Work performed by Subcontractors. If Contractor in connection with the performance required by Owner, Contractor shall obtain competitive of the Work (except losses and damages within bids from subcontractors acceptable to Owner and the deductible amounts of property insurance EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700 - 29 established in accordance with Paragraph C. Contractor's Fee: When all the Work is 5.06.D), provided such losses and damages have performed on the basis of cost -plus, Contractor's fee shall i resulted from causes other than the negligence of be determined as set forth in the Agreement. When the Contractor, any Subcontractor, or anyone value of any Work covered by a Change Order or when a directly or indirectly employed by, anyof them 'or Claim for an adjustment in Contract - Price is determined - " I for whose acts any of them may be liable. Such losses shall include settlements made with the on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. written consent and approval of Owner. No such losses, damages, and expenses shall be included D. Documentation: Whenever the Cost of the I in the Cost of the Work for the purpose of Work for any purpose is to be determined pursuant to determining Contractor's fee. Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in, accordance with generally I g. The cost of utilities, fuel, and sanitary accepted accounting practices and submit in a form facilities at the Site. acceptable to Engineer an itemized cost breakdown together with supporting data. h. Minor expenses such as telegrams, long I distance telephone calls, telephone service at the 11.02 Allowances Site, expresses, and similar petty cash items in connection with the Work. A. It is understood that Contractor has included I in the Contract Price all allowances so named in the i. The costs of premiums for all bonds and Contract Documents and shall cause the Work so covered insurance Contractor is required by the Contract to be performed for such sums and by such persons or Documents to purchase and maintain. entities as may be acceptable to Owner and Engineer. 1 B. Costs Excluded: The term Cost of the Work B. Cash Allowances shall not include any of the following items: Contractor agrees that: I 1. 1. Payroll' costs and other compensation of Contractor's officers, executives, principals (of a. the cash allowances include the cost to partnerships and sole proprietorships), general managers, Contractor (less any applicable trade discounts) safety managers, engineers, architects, estimators, of materials and equipment required by the attorneys, auditors, accountants, purchasing and allowances to be delivered at the Site, and all contracting agents, expediters, timekeepers, clerks, and applicable taxes; and other personnel employed by Contractor, whether at the I Site or in Contractor's principal or branch office for b. Contractor's costs for unloading and handling general administration of the Work and not specifically on the Site, labor, installation , overhead, profit, included in the agreed upon schedule of job classifications and other expenses contemplated for the cash I referred to in Paragraph 11.01.A.1 or specifically covered allowances have been included in the Contract by Paragraph 11.01.A.4, all of which are to be considered Price and not in the allowances, and no demand administrative costs covered by the Contractor's fee. for additional payment on account of any of the foregoing will be valid. I 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. C. Contingency Allowance I 3. Any part of Contractor's capital expenses, 1. Contractor agrees that a contingency including interest on Contractor's capital employed for allowance, if any, is for the sole use of Owner to cover the Work and charges against Contractor for delinquent unanticipated costs. payments. I D. Prior to final payment, an appropriate Change 4. Costs due to the negligence of Contractor, any Order will be issued as recommended by Engineer to Subcontractor, or anyone directly or indirectly employed reflect actual amounts due Contractor on account of Work I by any of them or for whose acts any of them may be covered by allowances, and the Contract Price shall be liable, including but not limited to, the correction of correspondingly adjusted. defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to 11.03 Unit Price Work I property. A. Where the Contract Documents provide that 5. Other overhead or general expense costs of all or part of the Work is to be Unit Price Work, initially I any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B. the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 times the estimated quantity of each item as indicated in mutually agreed lump sum (which may include an I the Agreement. allowance for overhead and profit not necessarily in . accordance with Paragraph 12.01.C.2); or I B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the 3. where the Work involved is not covered by purpose of comparison of Bids and determining an initial unit prices contained in the Contract Documents and I Contract Price. Determinations of the actual quantities agreement to a lump sum is not reached under Paragraph and classifications of Unit Price Work performed by 12.01.B.2, on the basis of the Cost of the Work Contractor will be made by Engineer subject to the (determined as provided in Paragraph 11.01) plus a provisions of Paragraph 9.07. Contractor's fee for overhead and profit (determined as I provided in Paragraph 12.01.C). C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover C. Contractor's Fee: The Contractor's fee for I Contractor's overhead and profit for each separately overhead and profit shall be determined as follows: identified item. 1. a mutually acceptable fixed fee; or D. Owner or Contractor may make a Claim for I an adjustment in the Contract Price in accordance with 2. if a fixed fee is not agreed upon, then a fee Paragraph 10.05 if: based on the following percentages of the various portions of the Cost of the Work: I 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and a. for costs incurred under Paragraphs 11.01.A.1 significantly from the estimated quantity of such item and 11.01.A.2, the Contractor's fee shall be 15 indicated in the Agreement; and percent; 111 2. there is no corresponding adjustment with b. for costs incurred under Paragraph 11.01.A.3, respect any other item of Work; and the Contractor's fee shall be five percent; I 3. Contractor believes that Contractor is entitled c. where one or more tiers of subcontracts are on to an increase in Contract Price as a result of having the basis of Cost of the Work plus a fee and no incurred additional expense or Owner believes that Owner fixed fee is agreed upon, the intent of Paragraph is entitled to a decrease in Contract Price and the parties 12.01.C.2.a is that the Subcontractor who are unable to agree as to the amount of any such increase actually performs the Work, at whatever tier, will or decrease. be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier ARTICLE 12 - CHANGE OF CONTRACT PRICE; Subcontractor and Contractor will each be paid a CHANGE OF CONTRACT TIMES fee of five percent of the amount paid to the next I lower tier Subcontractor; 12.01 Change of Contract Price d. no fee shall be payable on the basis of costs I itemized under Paragraphs 11.01.A.4, 11.01.A.5, A. The Contract Price may only be changed by a and 11.01.B; Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted e. the amount of credit to be allowed by I by the party making the Claim to the Engineer and the Contractor to Owner for any change which other party to the Contract in accordance with the results in a net decrease • in cost will be the provisions of Paragraph 10.05. amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal I B. The value of any Work covered by a Change to five percent of such net decrease; and Order or of any Claim for an adjustment in the Contract Price will be determined as follows: f. when both additions and credits are involved I in any one change, the adjustment in 1. where the Work involved is covered by unit Contractor's fee shall be computed on the basis prices contained in the Contract Documents, by of the net change in accordance with Paragraphs application of such unit prices to the quantities of the 12.01.C.2.a through 12.01.C.2.e, inclusive. items involved (subject to the provisions of Paragraph 11.03); or 12.02 Change of Contract Times 2. where the Work involved is not covered by A. The Contract Times may only be changed by unit prices contained in the Contract Documents, by a a Change Order. Any Claim for an adjustment in the EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright CO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 I Contract Times shall be based on written notice submitted and within the control of a Subcontractor or Supplier shall by the party making the Claim to the Engineer and the be deemed to be delays within the control of Contractor. II other party to the Contract in accordance with the provisions of Paragraph 10.05. ARTICLE 13 - TESTS AND INSPECTIONS; - B. Any adjustment of the Contract Times CORRECTION, REMOVAL OR ACCEPTANCE OF I covered by a Change Order or any Claim for an DEFECTIVE WORK adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. I 13.01 Notice of Defects 12.03 Delays A. Prompt notice of all defective Work of which I A. Where Contractor is prevented from completing any part of the Work within the Contract Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, Times due to delay beyond the control of Contractor, the corrected, or accepted as provided in this Article 13. Contract Times will be extended in an amount equal to I the time lost due to such delay if a Claim is made therefor 13.02 Access to Work as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, A. Owner, Engineer, their consultants and other I acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as representatives and personnel of Owner, independent testing laboratories, and governmental agencies with contemplated by Article 7, fires, floods, epidemics, jurisdictional interests will have access to the Site and the abnormal weather conditions, or acts of God. Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them B. If Owner, Engineer, or other contractors or proper and safe conditions for such access and advise utility owners performing other work for Owner as them of Contractor's Site safety procedures and programs I contemplated by Article 7, or anyone for whom Owner is so that they may comply therewith as applicable. responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor 13.03 Tests and Inspections shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's A. Contractor shall give Engineer timely notice entitlement to an adjustment of the Contract Times is of readiness of the Work for all required inspections, conditioned on such adjustment being essential to tests, or approvals and shall cooperate with inspection and Contractor's ability to complete the Work within the. testing personnel to facilitate required inspections or tests. I Contract Times. B. Owner shall employ and pay for the services C If Contractor is delayed in the performance or of an independent testing laboratory to perform all I progress of the Work by fire, flood, epidemic, abnormal inspections, tests, or approvals required by the Contract weather conditions, acts of God, acts or failures to act of Documents except: utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and 1. for inspections, tests, or approvals covered by I . Contractor, then Contractor shall be entitled to an Paragraphs 13.03.0 and 13.03.D below; equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete 2. that costs incurred in connection with tests or I the Work within the Contract Times. Such an adjustment inspections conducted pursuant to Paragraph 13.04.B shall be Contractor's sole and exclusive remedy for the shall be paid as provided in said Paragraph 13.04.C; and delays described in this Paragraph 12.03.C. 3. as otherwise specifically provided in the I . D. Owner, Engineer and the Related Entities of Contract Documents. each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not C. If Laws or Regulations of any public body I limited to all fees and charges of Engineers, architects, having jurisdiction require any Work (or part thereof) attorneys, and other professionals and all court or specifically to be inspected, tested, or approved by an arbitration or other dispute resolution costs) sustained by employee or other representative of such public body, Contractor on or in connection with any other project or Contractor shall assume full responsibility for arranging I anticipated project. and obtaining such inspections, tests, or approvals, pay all • costs in connection therewith, and furnish Engineer the E. Contractor shall not be entitled to an required certificates of inspection or approval. . I adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with EJCDC C -700 Standard General Conditions of the Construction Contract. ' Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 • inspections, tests, or approvals required for Owner's 13.05 Owner May Stop the Work I • any sp , PP q aJ' P and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, A. If the Work is defective, or Contractor fails to I mix designs, or equipment submitted for approval prior to supply sufficient skilled workers or suitable materials or Contractor's purchase thereof for incorporation in the equipment, or fails to perform the Work in such a way Work. Such inspections, tests, or approvals shall be that the completed Work will conform to the Contract I performed by organizations acceptable to Owner and Documents, Owner may order Contractor to stop the Engineer. Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner E. If any Work (or the work of others) that is to to stop the Work shall not give rise to any duty on the part I be inspected, tested, or approved is covered by Contractor of Owner to exercise this right for the benefit of without written concurrence of Engineer, it must, if Contractor, any Subcontractor, any Supplier, any other requested by Engineer, be uncovered for observation. individual or entity, or any surety for, or employee or I agent of any of them. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless 13.06 Correction or Removal of Defective Work Contractor has given Engineer timely notice of I Contractor's intention to cover the same and Engineer has A. Promptly after receipt of notice, Contractor not acted with reasonable promptness in response to such shall correct all defective Work, whether or not notice. fabricated, installed, or completed, or, if the Work has I been rejected by Engineer, remove it from the Project and 13.04 Uncovering Work replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but A. If any Work is covered contrary to the written not limited to all fees and charges of engineers, architects, I request of Engineer, it must, if requested by Engineer, be attorneys, and other professionals and all court or uncovered for Engineer's observation and replaced at arbitration or other dispute resolution costs) arising out of Contractor's expense. or relating to such correction or removal (including but I not limited to all costs of repair or replacement of work of B. If Engineer considers it necessary or advisable others). that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, B. When correcting defective Work under the shall uncover, expose, or otherwise make available for terms of this Paragraph 13.06 or Paragraph 13.07, observation, inspection, or testing as Engineer may Contractor shall take no action that would void or require, that portion of the Work in question, furnishing otherwise impair Owner's special warranty and guarantee, • all necessary labor, material, and equipment. if any, on said Work. 1 C. If it is found that the uncovered Work is 13.07 Correction Period defective, Contractor shall pay all claims, costs, losses, I and damages (including but not limited to all fees and A. If within one year after the date of Substantial charges of engineers, architects, attorneys, and other Completion (or such longer period of time as may be professionals and all court or arbitration or other dispute prescribed by the terms of any applicable special I resolution costs) arising out of or relating to such guarantee required by the Contract Documents) or by any uncovering, exposure, observation, inspection, and specific provision of the Contract Documents, any Work testing, and of satisfactory replacement or reconstruction is found to be defective, or if the repair of any damages to (including but not limited to all costs of repair or the land or areas made available for Contractor's use by I replacement of work of others); and Owner shall be Owner or permitted by Laws and Regulations as entitled to an appropriate decrease in the Contract Price. If contemplated in Paragraph 6.11.A is found to be the parties are unable to agree as to the amount thereof, defective, Contractor shall promptly, without cost to Owner may make a Claim therefor as provided in Owner and in accordance with Owner's written II Paragraph 10.05. instructions: D. If, the uncovered Work is not found to be 1. repair such defective land or areas; or I defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or 2. correct such defective Work; or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and 3. if the defective Work has been rejected by reconstruction. If the parties are unable to agree as to the Owner, remove it from the Project and replace it with amount or extent thereof, Contractor may make a Claim Work that is not defective, and therefor as provided in Paragraph 10.05. O EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700 - 33 ' 4. satisfactorily correct or repair or remove and after such recommendation, an appropriate amount will be Y P replace any damage to other Work, to the work of others paid by Contractor to Owner. 1 or other land or areas resulting therefrom. 13.09 Owner May Correct Defective Work B. - If Contractor does not promptly comply with I the terms of Owner's written instructions, or in an A. If Contractor fails within a reasonable time emergency where delay would cause serious risk of loss after written notice from Engineer to correct defective or damage, Owner may have the defective Work Work or to remove and replace rejected Work as required corrected or repaired or may have the rejected Work by Engineer in accordance with Paragraph 13.06.A, or if I removed and replaced. All claims, costs, losses, and Contractor fails to perform the Work in accordance with damages (including but not limited to all fees and charges the Contract Documents, or if Contractor fails to comply of engineers, architects, attorneys, and other professionals with any other provision of the Contract Documents, I and all court or arbitration or other dispute resolution Owner may, after seven days written notice to Contractor, costs) arising out of or relating to such correction or repair correct or remedy any such deficiency. or such removal and replacement (including but not limited to all costs of repair or replacement of work of B. In exercising the rights and remedies under I others) will be paid by Contractor. this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, C. In special circumstances where a particular Owner may exclude Contractor from all or part of the I item of equipment is placed in continuous service before Site, take possession of all or part of the Work and Substantial Completion of all the Work, the correction suspend Contractor's services related thereto, take period for that item may start to run from an earlier date if possession of Contractor's tools, appliances, construction so provided in the Specifications. equipment and machinery at the Site, and incorporate in II the Work all materials and equipment stored at the Site or D. Where defective Work (and damage to other for which Owner has paid Contractor but which are stored Work resulting therefrom) has been corrected or removed elsewhere. Contractor shall allow Owner, Owner's and replaced under this Paragraph 13.07, the correction representatives, agents and employees, Owner's other period hereunder with respect to such Work will be contractors, and Engineer and Engineer's consultants extended for an additional period of one year after such access to the Site to enable Owner to exercise the rights III correction or removal and replacement has been and remedies under this Paragraph. satisfactorily completed. C. All claims, costs, losses, and damages E. Contractor's obligations under this Paragraph (including but not limited to all fees and charges of 13.07 are in addition to any other obligation or warranty. engineers, architects, attorneys, and other professionals I The provisions of this Paragraph 13.07 shall not be and all court or arbitration or other dispute resolution construed as a substitute for or a waiver of the provisions costs) incurred or sustained by Owner in exercising the of any applicable statute of limitation or repose. rights and remedies under this Paragraph 13.09 will be I 13.08 Acceptance of Defective Work charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner If, instead of requiring correction or removal shall be entitled to an appropriate decrease in the Contract I A. and replacement of defective Work, Owner (and, prior to Price. If the parties are unable to agree as to the amount of Engineer's recommendation of final payment, Engineer) the adjustment, Owner may make a Claim therefor as prefers to accept' it, Owner may do so. Contractor shall provided in Paragraph 10.05. Such claims, costs, losses I pay all claims, costs, losses, and damages (including but and damages will include but not be limited to all costs of not limited to all fees and charges of engineers, architects, repair, or replacement of work of others destroyed or attorneys, and other professionals and all court or _ damaged by correction, removal, or replacement of arbitration or other dispute resolution costs) attributable to Contractor's defective Work. I Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as D. Contractor shall not be allowed an extension to reasonableness) and the diminished value of the Work of the Contract Times because of any delay in the I to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Engineer's recommendation of final payment, a Change Paragraph 13.09. Order will be issued incorporating the necessary revisions I in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work I so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 ARTICLE 14 - PAYMENTS TO CONTRACTOR. AND experienced and qualified design professional and on I COMPLETION Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of I Engineer's knowledge, information and belief: 14.01 Schedule of Values a. the Work has progressed to the point I A. The Schedule of Values established as indicated; provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of b. the quality of the Work is generally in Application for Payment acceptable to Engineer. Progress accordance with the Contract Documents I payments on account of Unit Price Work will be based on (subject to an evaluation of the Work as a the number of units completed. functioning whole prior to or upon Substantial Completion, to the results of any subsequent I 14.02 Progress Payments tests called for in the Contract Documents, to a final determination of quantities and A. Applications for Payments classifications for . Unit Price Work under Paragraph 9.07, and to any other qualifications I 1. At least 20 days before the date established in stated in the recommendation); and the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to c. the conditions precedent to Contractor's being I Engineer for review an Application for Payment filled out entitled to such payment appear to have been and signed by Contractor covering the Work completed as fulfilled in so far as it is Engineer's of the date of the Application and accompanied by such responsibility to observe the Work. supporting documentation as is required by the Contract Il Documents. If payment is requested on the basis of 3. By recommending any such payment Engineer materials and equipment not incorporated in the Work but will not thereby be deemed to have represented that: delivered and suitably stored at the Site or at another I location agreed to in writing, the Application for Payment a. inspections made to check the quality or the shall also be accompanied by a bill of sale, invoice, or quantity of the Work as it has been performed other documentation warranting that Owner has received have been exhaustive, extended to every aspect the materials and equipment free and clear of all Liens of the Work in progress, or involved detailed and evidence that the materials and equipment are inspections of the Work beyond the covered by appropriate property insurance or other responsibilities specifically assigned to Engineer arrangements to protect Owner's interest therein, all of in the Contract Documents; or which must be satisfactory to Owner. ; b. that there may not be other matters or issues 2. Beginning with the second Application for between the parties that might entitle Contractor Payment, each Application shall include an affidavit of to be paid additionally by Owner or entitle I Contractor stating that all previous progress payments Owner to withhold payment to Contractor. received on account of the Work have been applied on account to discharge Contractor's legitimate obligations 4. Neither Engineer's review of Contractor's associated with prior Applications for Payment. Work for the purposes of recommending payments nor I Engineer's recommendation of any payment, including 3. The amount of retainage with respect to final payment, will impose responsibility on Engineer: progress payments will be as stipulated in the Agreement. I a. to supervise, direct, or control the Work, or B. Review of Applications b. for the means, methods, techniques, 1. Engineer will, within 10 days after receipt of sequences, or procedures of construction, or the I each Application for Payment, either indicate in writing a safety precautions and programs incident thereto, recommendation of payment and present the Application or to Owner or return the Application to Contractor I indicating in writing Engineer's reasons for refusing to c. for Contractor's failure to comply with Laws recommend payment. In the latter case, Contractor may and Regulations applicable to Contractor's make the necessary corrections and resubmit the performance of the Work, or Application. d. to make any examination to ascertain how or 2. Engineer's recommendation of any payment for what purposes Contractor has used the requested in an Application for Payment will constitute a moneys paid on account of the Contract Price, or a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700 - 35 I e. to determine that title to any of the Work, 2. If Owner refuses to make payment of the full materials, or equipment has passed to Owner free amount recommended by Engineer, Owner will give j and clear of any Liens. Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly - 5. Engineer may refuse to recommend the pay Contractor any amount remaining after deduction of I or any part of any payment if, in Engineer's opinion, it the amount so withheld. Owner shall promptly pay would be incorrect to make the representations to Owner Contractor the amount so withheld, or any adjustment stated in Paragraph 14.02.B.2. Engineer may also refuse thereto agreed to by Owner and Contractor, when to recommend any such payment or, because of Contractor corrects to Owner's satisfaction the reasons for I subsequently discovered evidence or the results of such action. subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent 3. If it is subsequently determined that Owner's I as may be necessary in Engineer's opinion to protect Owner from loss because: refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. a. the Work is defective, or completed Work has I been damaged, requiring correction or 14.03 Contractor's Warranty of Title replacement; A. Contractor warrants and guarantees that title I b. the Contract Price has been reduced by to all Work, materials, and equipment covered by any Change Orders; Application for Payment, whether incorporated in the Project or not, will pass to. Owner no later than the time of c. Owner has been required to correct defective payment free and clear of all Liens. I Work or complete Work in accordance with Paragraph 13.09; or 14.04 Substantial Completion d. Engineer has actual knowledge of the A. When Contractor considers the entire Work occurrence of any of the events enumerated in ready for its intended use Contractor shall notify Owner Paragraph 15.02.A. and Engineer in writing that the entire Work is substantially complete (except for items specifically listed C. Payment Becomes Due by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, B. Promptly after Contractor's notification, I the amount recommended will (subject to the provisions Owner, Contractor, and Engineer shall make an of Paragraph 14.02.D) become due, and when due will be inspection of the Work to determine the status of paid by Owner to Contractor. completion. if Engineer does not consider the Work I D. Reduction in Payment substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. 1. Owner may refuse to make payment of the full C. If Engineer considers the Work substantially I . amount recommended by Engineer because: complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the a. claims have been made against Owner on date of Substantial Completion. There shall be attached to I account of Contractor's performance or furnishing of the Work; the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which b. Liens have been filed in connection with the to make written objection to Engineer as to any provisions I Work,_ except where Contractor has delivered a of the certificate or attached list. If, after considering such specific bond satisfactory to Owner to secure the objections, Engineer concludes that the Work is not satisfaction and discharge of such Liens; substantially complete, Engineer will within 14 days after I submission of the tentative certificate to Owner notify c. there are other items entitling Owner to a Contractor in writing, stating the reasons therefor. If, after set -off against the amount recommended; or consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within d. Owner has actual knowledge of the occurrence said 14 days execute and deliver to Owner and Contractor of any of the events enumerated in Paragraphs a definitive certificate of Substantial Completion (with a 14.02.B.5.a through 14.02.B.5.c or Paragraph revised tentative list of items to be completed or I 15.02.A. corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 • 3. Within a reasonable time after either such D. At the time of delivery of the tentative request, Owner, Contractor, and Engineer shall make an certificate of Substantial Completion, Engineer will inspection of that part of the Work to determine its status deliver to Owner and Contractor a written of completion. If Engineer does not consider that part of recommendation as to division of responsibilities pending the Work to be substantially complete, Engineer will fmal payment between Owner and Contractor with notify Owner and Contractor in writing giving the reasons respect to security, operation, safety, and protection of the therefor. If Engineer considers that part of the Work to be Work, maintenance, heat, utilities, insurance, and substantially complete, the provisions of Paragraph 14.04 warranties and guarantees. Unless Owner and Contractor will apply with respect to certification of Substantial agree otherwise m writing and so inform Engineer in Completion of that part of the Work and the division of writing prior to Engineer's issuing the defmitive responsibility in respect thereof and access thereto. certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and 4. No use or occupancy or separate operation of Contractor until final payment. part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property E. Owner shall have the right to exclude insurance. Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable 14.06 Final Inspection access to complete or correct items on the tentative list. A. Upon written notice from Contractor that the 14.05 Partial Utilization entire Work or an agreed portion thereof is complete, Engineer will promptly make a fmal inspection with A. Prior to Substantial Completion of all the Owner and Contractor and will notify Contractor in Work, Owner may use or occupy any substantially writing of all particulars in which this inspection reveals completed part of the Work which has specifically been that the Work is incomplete or defective. Contractor shall identified in the Contract Documents, or which Owner, immediately take such measures as are necessary to Engineer, and Contractor agree constitutes a separately complete such Work or remedy such deficiencies. functioning and usable part of the Work that can be used by Owner for its intended purpose without significant 14.07 Final Payment interference with Contractor's performance of the remainder of the Work, subject to the following A. Application for Payment • conditions. 1. After Contractor has, in the opinion of 1. Owner at any time may request Contractor in Engineer, satisfactorily completed all corrections L final writing to permit Owner to use or occupy any such part of f identified iucu�lucu u duwrin iug the uc i fiiai u inspection uvu and has ucw delivered, in the Work which Owner believes to be ready for its accordance with the Contract Documents, all maintenance intended use and substantially complete. If and when and operating instructions, schedules, guarantees, bonds, Contractor agrees that such part of the Work is certificates or other evidence of insurance certificates of substantially complete, Contractor will certify to Owner inspection, marked -up record documents (as provided in and Engineer that such part of the Work is substantially Paragraph 6.12), and other documents, Contractor may complete and request Engineer to issue a certificate of make application for fmal payment following the Substantial Completion for that part of the Work. procedure for progress payments. 2. Contractor at any time may notify Owner and 2. The fmal Application for Payment shall be Engineer in writing that Contractor considers any such accompanied (except as previously delivered) by: part of the Work ready for its intended use and substantially complete and request Engineer to issue a a. all documentation called for in the Contract certificate of Substantial Completion for that part of the Documents, including but not limited to the • Work. evidence of insurance required . by Paragraph 5.04.B.7; b. consent of the surety, if any, to fmal payment; . c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 37 1 3. In lieu of the releases or waivers of Liens in Paragraph 5.01, the written consent of the surety to the specified in Paragraph 14.07.A.2 and as approved by payment of the balance due for that portion of the Work I Owner, Contractor may furnish receipts or releases in full fully completed and accepted shall be submitted by and an affidavit of Contractor that: (i) the releases and Contractor to Engineer with the Application for such receipts include all labor, services, material, - and payment. Such payment shall be under the terms I equipment for which a Lien could be filed; and (ii) 'all payrolls, material and equipment bills, and other and conditions governing final payment, except that it shall not constitute a waiver of Claims. indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have 14.09 Waiver of Claims I been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, A. The making and acceptance of final payment Contractor may furnish a bond or other collateral will constitute: I satisfactory to Owner to indemnify Owner against any Lien. 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, B. Engineer's Review of Application and from defective Work appearing after final inspection I Acceptance pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special 1. If, on the basis of Engineer's observation of guarantees specified therein, or from Contractor's I the Work during construction and final inspection, and continuing obligations under the Contract Documents; Engineer's review of the final Application for Payment and and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work 2. a waiver of all Claims by Contractor against I has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Owner other than those previously made in accordance with the requirements herein and expressly acknowledged Engineer will, within ten days after receipt of the final by Owner in writing as still unsettled. I Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time ARTICLE 15 - SUSPENSION OF WORK AND 0 Engineer will also give written notice to Owner and TERMINATION Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, 15.01 Owner May Suspend Work • indicating in writing the reasons for refusing to I recommend final payment, in which case Contractor shall A. At any time and without cause, Owner may make the necessary corrections and resubmit the suspend the Work or any portion thereof for a period of Application for Payment. not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which C. Payment Becomes Due Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an 1. Thirty days after the presentation to Owner of adjustment in the Contract Price or an extension of the I the Application for Payment and accompanying Contract Times, or both, directly attributable to any such documentation, the amount recommended by Engineer, suspension if Contractor makes a Claim therefor as less any sum Owner is entitled to set off against provided in Paragraph 10.05. I Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by 15.02 Owner May Terminate for Cause Owner to Contractor. ' 14.08 Final Completion Delayed A. The occurrence of any one or more of the following events will justify termination for cause: A. If, through no fault of Contractor, final 1. Contractor's persistent failure to perform the completion of the Work is significantly delayed, and if Work in accordance with the Contract Documents Engineer so confirms, Owner shall, upon receipt of (including, but not limited to, failure to supply sufficient Contractor's final Application for Payment (for Work skilled workers or suitable materials or equipment or fully completed and accepted) and recommendation of failure to adhere to the Progress Schedule established I Engineer, and without terminating the Contract, make under Paragraph 2.07 as adjusted from time to time payment of the balance due for that portion of the Work pursuant to Paragraph 6.04); fully completed and accepted. If the remaining balance to I be held by Owner for Work not fully completed or 2. Contractor's disregard of Laws or Regulations corrected is less than the retainage stipulated in the of any public body having jurisdiction; Agreement, and if bonds have been furnished as required EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 3. Contractor's disregard of the authority of shall supersede the provisions of Paragraphs 15.02.B, and I Engineer; or 15.02.C. 4. Contractor's violation in any substantial way 15.03 Owner May Terminate For Convenience I of any provisions of the Contract Documents. A. Upon seven days written notice to Contractor I B. If one or more of the events identified in and Engineer, Owner may, without cause and without Paragraph 15.02.A occur, Owner may, after giving prejudice to any other right or remedy of Owner, Contractor (and surety ) seven days written notice of its terminate the Contract. In such case, Contractor shall be intent to terminate the services of Contractor: paid for (without duplication of any items): I 1. exclude Contractor from the Site, and take 1. completed and acceptable Work executed in possession of the Work and of all Contractor's tools, accordance with the Contract Documents prior to the I appliances, construction equipment, and machinery at the effective date of termination, including fair and Site, and use the same to the full extent they could be reasonable sums for overhead and profit on such Work; used by Contractor (without liability to Contractor for trespass or conversion), 2. expenses sustained prior to the effective date I of termination in performing services and furnishing 2. incorporate in the Work all materials and labor, materials, or equipment as required by the Contract equipment stored at the Site or for which Owner has paid Documents in connection with uncompleted Work, plus I Contractor but which are stored elsewhere, and fair and reasonable sums for overhead and profit on such expenses; 3. complete the Work as Owner may deem expedient. 3. all claims, costs, losses, and damages I (including but not limited to all fees and charges of C. If Owner proceeds as provided in Paragraph engineers, architects, attorneys, and other professionals 15.02.B, Contractor shall not be entitled to receive any and all court or arbitration or other dispute resolution I further payment until the Work is completed. If the costs) incurred in settlement of terminated contracts with unpaid balance of the Contract Price exceeds all claims, Subcontractors, Suppliers, and others; and costs, losses, and damages (including but not limited to all Ill fees and charges of engineers, architects, attorneys, and 4. reasonable expenses directly attributable to other professionals and all court or arbitration or other termination. dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be B. Contractor shall not be paid on account of loss 1. r such claims, and of an profits other economic loss paid to Contractor. 11 SuCll 1claims, costs, 1VJJGJ, allu vi au�.l pry u� or revenue or otwvi vvvi,v:aly l vu III damages exceed such unpaid balance, Contractor shall arising out of or resulting from such termination. pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by 15.04 Contractor May Stop Work or Terminate I Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. A. If, through no act or fault of Contractor, (i) When exercising any rights or remedies under this the Work is suspended for more than 90 consecutive days I Paragraph Owner shall not be required to obtain the by Owner or under an order of court or other public lowest price for the Work performed. authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) D. Notwithstanding Paragraphs 15.02.B and Owner fails for 30 days to pay Contractor any sum finally I 15.02.C, Contractor's services will not be terminated if determined to be due, then Contractor may, upon seven Contractor begins within seven days of receipt of notice days written notice to Owner and Engineer, and provided of intent to terminate to correct its failure to perform and Owner or Engineer do not remedy such suspension or I proceeds diligently to cure such failure within no more failure within that time, terminate the Contract and than 30 days of receipt of said notice. recover from Owner payment on the same terms as provided in Paragraph 15.03. E. Where Contractor's services have been so I terminated by Owner, the termination will not affect any B. In lieu of terminating the Contract and rights or remedies of Owner against Contractor then without prejudice to any other right or remedy, if existing or which may thereafter accrue. Any retention or Engineer has failed to act on an Application for Payment payment of moneys due Contractor by Owner will not within 30 days after it is submitted, or Owner has failed I release Contractor from liability. for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice F. If and to the extent that Contractor has to Owner and Engineer, stop the Work until payment is provided a performance bond under the provisions of made of all such amounts due Contractor, including Paragraph 5.01.A, the termination procedures of that bond interest thereon. The provisions of this Paragraph 15.04 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 ■ are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in 1. delivered in person to the individual or to a 1 Contract Price or Contract Times or otherwise for member of the firm or to an officer of the corporation for expenses or damage directly attributable to Contractor's whom it is intended, or stopping the Work as permitted by-this-Paragraph. -- ' 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known ARTICLE 16 DISPUTE RESOLUTION to the giver of the notice. I 17.02 Computation of Times 16.01 Methods and Procedures A. When any period of time is referred to in the A. Either Owner or Contractor may request Contract Documents by days, it will be computed to mediation of any Claim submitted to Engineer for a exclude the first and include the last day of such period. If decision under Paragraph 10.05 before such decision the last day of any such period falls on a Saturday or becomes final and binding. The mediation will be Sunday or on a day made a legal holiday by the law of the I governed by the Construction Industry Mediation Rules applicable jurisdiction, such day will be omitted from the of the American Arbitration Association in effect as of the computation. Effective Date of the Agreement. The request for I mediation shall be submitted in writing to the American 17.03 Cumulative Remedies Arbitration Association and the other party to the Contract.. Timely submission of the request shall stay the A. The duties and obligations imposed by these effect of Paragraph 10.05.E. General Conditions and the rights and remedies available I B. Owner and Contractor shall participate in the hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any mediation process in good faith. The process shall be rights and remedies available to any or all of them which I concluded within 60 days of filing of the request. The are otherwise imposed or available by Laws or date of termination of the mediation shall be determined Regulations, by special warranty or guarantee, or by other by application of the mediation rules referenced above. provisions of the Contract Documents. The provisions of 1 11 this Paragraph will be as effective as if repeated C. If the Claim is not resolved by mediation, specifically in the Contract Documents in connection with Engineer's action under Paragraph 10.05.0 or a denial each particular duty, obligation, right, and remedy to pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become which they apply. I final and binding 30 days after termination of the mediation unless, within that time period, Owner or 17.04 Survival of Obligations Contractor: . A. All representations, indemnifications, I 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all Conditions, or continuing obligations indicated in the Contract Documents, will survive final payment, completion, and ' 2. agrees with the other party to submit the acceptance of the Work or termination or completion of Claim to another dispute resolution process, or the Contract or termination of the services of Contractor. I 3. gives written notice to the other party of their 17.05 Controlling Law intent to submit the Claim to a court of competent jurisdiction. A. This Contract is to be governed by the law of the state in which the Project is located. I ARTICLE 17 - MISCELLANEOUS 17.06 Headings I A. 17.01 Giving Notice Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. Whenever any provision of the Contract I A. Documents requires the giving of written notice, it will be deemed to have been validly given if: I EJCDC C -700 Standard General Conditions of the Construction Contract. I Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 40 DURHAM PHASE 5B1 SECTION 00800 - — - SUPPLEMENTARY CONDITIONS GENERAL 1 These Supplementary Conditions make additions, deletions or revisions to the Section 00700, General Conditions, of the Contract Documents. All provisions which are not so added to, 1 deleted or revised remain in full force and effect. Terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. ' SC- 1.01.A — Delete and replace the following paragraphs: ' 15. Contractor: Person or entity identified as such in the Agreement and the Contractor's authorized representatives who are referred to throughout the Contract Documents as if singular in number. ' Delete paragraph 1.01.A.19 and insert the following in lieu thereof: ' 19. Engineer: Person or entity identified as such in the Agreement and the Engineer's authorized representatives who are referred to throughout the Contract Documents as if singular in number. Delete paragraph 1.01.A.30 and insert the following in lieu thereof: ' 30. Owner: The individual, entity, public body or authority identified as such in the Agreement and the Owner's authorized representatives who are referred to throughout the Contract Documents as if singular in number. 1 SC- 1.01.A — Add new paragraphs immediately following Paragraph 1.01.A.52 as follows: ' 53. Final Completion: See Paragraph 14.07.B.1 and SC- 14.07.B.1 for definition. 54. Latent Defect: A defect in the Work of which the Owner has no actual knowledge. 55. Specialist: The term Specialist refers to a person, partnership, firm, or corporation of established reputation (or if newly organized, whose personnel ' have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workers skilled in either (as ' applicable) manufacturing of fabricated items required by the Contract Documents, or otherwise performing Work required by the Contract Documents. Where the Specifications require the installation by a Specialist, that term shall also be deemed to mean either the manufacturer of the items, a person, partnership, firm, or corporation licensed by the manufacturer, or a person, CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 1 DURHAM PHASE 5B1 corporation who will partnership, firm, or c rp perform the Work under the p manufacturer's direct supervision. 56. Consultant: An individual or entity having a direct contract with the Engineer or Engineer's Consultant for performance of work on the Project. 57. Award: The formal acceptance of the Bid by Owner's Board of Directors. 58. Bidder: Any individual, partnership, corporation, joint venture, or other combination thereof who submits a Bid to Owner for the Work contemplated, acting directly or through an authorized representative. As used in the Contract Documents, masculine pronouns refer to both masculine and feminine genders. 59. Bid Guarantee (Bid Bond): The security furnished with a Bid to guarantee that the Bidder will enter into the Contract if Bidder's Bid is accepted by Owner. 60. 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. 61. Design Engineer: CH2M HILL, Inc. 62. 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. 63. Execution: Field or site performance, workmanship, installation, erection, application, field fabrication, quality control, and protection of installed products on the site. 64. Materials: All materials incorporated into the Project, including equipment and all other materials consumed or to be consumed in the performance of the Work contemplated. 65. Procurement Contractor: The corporation, company, partnership, firm, or 1 individual who has entered into a contract with Owner outside the scope of these Contract Documents, to furnish materials and equipment for this Project. 1 66. Product Date: Type of Shop Drawing comprised of standard illustrations, . schedules, performance charts, instructions, brochures, diagrams, catalog cuts, and other information assembled by or for the Contractor and submitted by the Contractor to illustrate materials or equipment for some portion of the Work. 67. Products: Materials, equipment, systems, ship fabrications, mixtures, and 1 source controls. SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 2 JUNE 2010 1 DURHAM PHASE 5B1 68. Utility: Any public or private fixed works for transporting - fluids, gases, ' electricity, signals, or communications. SC-2.01 — Add the following paragraph immediately after 2.O1.B: 1 C. Public Works Bond: Before starting any Work on the project, Contractor shall have a public works bond filed with the Construction Contractors Board, unless exempt under 279C.836(4), (7), (8), or (9). Contractor shall also include in every ' subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project I unless exempt under 279C.836(4), (7), (8), or (9). Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the Project unless exempt under ORS 279C.836(4), (7), (8), or (9). Contractor shall include copies of both its public works bond and the public works bonds from its subcontractors in the copies of the bonds required in 2.O1.A above. 1 SC- 2.02.A — Delete the first sentence of Article 2.02.A in its entirety and replace with the following sentence:. Owner shall furnish to Contractor up to five copies of the Project Manual (Specifications and half -size Drawings) and two copies of full -size Drawings. SC- 2.03.A — Delete the third sentence of Paragraph 2.03.A in its entirety. SC- 2.05.A — Before Starting Construction: Add the following to paragraph 2.05.A: 4. A preliminary schedule of payments showing projected cash flow. ' SC- 2.07.A — Initial Acceptance of Schedules: Add the following to paragraph 2.07.A: 4. Contractor's schedule of payments will be acceptable if it provides a ' reasonable projection of payments in relationship to the Progress Schedule and Schedule of Values. 1 SC- 3.01.A — Add the following at the end of Paragraph 3.01.A: In resolving inconsistencies among two or more components of the Contract Documents, 1 precedence shall be given in the following order: 1. Permits from outside agencies ' 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Form) ' 5. Supplementary Conditions 6. General Conditions 7. Specifications — Division 01 CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 3 DURHAM PHASE 5B1 —Di n 2— 16 8. Specifications Divisions 0 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. SC- 4.01.B — Delete Paragraph 4.01.B in its entirety. SC- 4.01.D Availability of Lands: Add the following paragraph 4.01.D: Any Work performed in public rights -of -way, in addition to conforming to the Contract Documents, shall be done in accordance with the requirements of the permit issued by the public agency in whose right -of -way the Work is located. SC- 4.02.B — In the first sentence, insert the word "reasonably" between the words "may" and "rely" and delete the second sentence (beginning with "Such" and ending with "Conditions ") of Paragraph 4.02.B. 1 SC -4.02. - Add new paragraphs immediately after paragraph 4.02.B of the General Conditions as follows: C. In preparation of Drawings and Specifications, Engineer or Engineer's Con have utilized the folio wing dr of physical conditions: • 1. Drawings dated 1973 by Stevens, Thompson, & Runyan, Inc., entitled "Durham Wastewater Treatment Plant" - Plans for construction. 2. Drawings dated 1989 by HDR Engineering, Inc., entitled "Durham Wastewater Treatment Plant - Phase I Expansion." 1 3. Drawings dated 1990 by HDR Engineering, Inc., entitled "Durham Wastewater Treatment Plant — Phase IIA Expansion." 4. Phase 4 Geotechnical Report. 5. Drawings dated 2008, by MWH, Inc: entitled Durham Wastewater Treatment Facility Phase 4 Expansion, Record Drawings. 6. Clean Water Services Durham AWWTF Upgrade — Phase 5B 1 Design, Geotechnical Exploration Technical Memorandum. 7. Other Geotechnical Reports. SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 4 JUNE 2010 DURHAM PHASE 5B1 E. These reports and drawings are not part of the Contract Documents, but the -- ' technical data contained therein upon which Contractor may rely as provided in paragraph 4.02.B of the General Conditions and as identified and established above are incorporated by reference. Contractor is not entitled to rely upon other ' information and data utilized by Engineer and Engineer's Consultants in the preparation of Drawings and Specifications. ' SC- 4.05.A — Add the following sentence after the first sentence of Paragraph 4.05.A: Reference points shall be as shown on the Drawings. 1 SC- 4.06.B — In the first sentence, insert the word "reasonably" between the words "may" and "rely ". SC- 4.06.F - Delete this Paragraph in its entirety. SC- 4.06.G - Delete this Paragraph in its entirety. SC- 5.01.A — Delete the second sentence of Paragraph 5.01.A in its entirety and replace with the following: These bonds shall remain in effect until one year after date of Final Completion of the Project and acceptance by the Owner, except as provided otherwise by Laws or Regulations or by the Contract Documents. SC- 5.02.A .- Add the following to Paragraph 5.02.A: 1 Such surety shall have a rating of not less than A -X in the most current edition of Best's Rating Guide. 1 SC- 5.03.A — Supplement Paragraphs 5.03.A as follows: ' Include the following parties or entities as additional insureds: 1. Clean Water Services (Owner) 1 2. Engineer and Engineer's consultants SC -5.03 — Certificates of Insurance: Add the following paragraph immediately after Paragraph 5.03.A: Deliver all certificates of insurance required by the Contract Documents to Owner with executed Agreement. 1 1 CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 5 DURHAM PHASE 5B1 h 5.04 in its entirety and replace with the following SC 5.04 — Delete Paragrap 5. ty p g 5.04 Contractor's Liability Insurance ' A. Insurance Generally: Contractor shall provide the insurance coverage designated hereinafter and pay all costs thereof. 1. Contractor shall provide a certificate of insurance, in a form acceptable to Owner, meeting all of the insurance requirements of the Contract. Insurance is to be placed with insurers acceptable to Owner with a minimum Best's rating of A -X. 2. Before commencing work under this Contract, Contractor shall furnish Owner with certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates and date of expiration of policies and 1 containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after 30 days' written notice has been received by Owner." 1 3. In case of the breach of any provision of this Paragraph, Owner, at its option, may take out and maintain, at the expense of Contractor, such insurance as Owner may deem proper and may deduct the cost of such insurance from retainage or from any monies that may be due or become due Contractor under this Contract. B. Contractor and Subcontractor Insurance: Contractor shall not commence work under this Contract until Contractor has obtained all the insurance required hereunder and submitted the re certificate of insurance and such insurance • has been reviewed by Owner, nor shall Contractor allow any Subcontractor to commence Work on any subcontract until the insurance specified below has been obtained. Review of the insurance by Owner shall not relieve or decrease the 1 liability of Contractor hereunder. C. Workers' Compensation: Contractor shall maintain during the life of this Contract workers' compensation insurance required by Oregon law and employer's liability coverage with minimum limits of $500,000 for all of Contractor's employees to be engaged in Work pursuant to this Contract. The 1 insurer shall agree to waive all rights of subrogation against Owner and its officers, employees, agents and volunteers for losses arising from Work performed by Contractor for Owner. In case any such Work is sublet, Contractor 1 shall require all Subcontractors to provide the same workers' compensation and employer's liability insurance for all of the Subcontractor's employees to be engaged in such work. Where such Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harbor Worker's Act and the Federal Jones Act. D. Liability Insurance: Owner and its officers, employees, agents and volunteers shall be included as additional insureds on all Contractor's insurance policies as SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 6 JUNE 2010 1 I DURHAM PHASE 5B1 respects-liability arising - out -of activities performed by or on- behalf -of P h' P Y Contractors, products and completed operations of Contractor; premises owned, I leased or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. Coverage shall include contractual liability insurance covering I Contractor's indemnity obligations under Paragraphs 6.11 and 6.20. The coverage shall contain no special limitations on the scope of protection afforded to Owner and its officers, employees, agents or volunteers. The "other insurance" I clause in the required insurance shall not apply to the insurance policies of the Owner. Include the following parties or entities as additional insureds: 1 1. Clean Water Services, 2550 S.W. Hillsboro Highway, Hillsboro, Oregon 97123. 2. CH2M HILL, Inc., 2020 SW 4th Ave — 3rd Floor, Portland, OR 97201. I E. Commercial and Automobile Liability Insurance: Contractor shall maintain during the life of this Contract coverage that is at least as broad as paragraphs A 1 and B of this section, and with the limits required below: . 1. Commercial General Liability Insurance: "Occurrence" Form including XCU, 1 with a $ (see schedule below) combined single limit per occurrence and a $ (see schedule below) Products and Completed Operations and General Annual Aggregate limit. The policy shall be endorsed to provide full Products and Completed Operations and General Annual Aggregate limits for the Project independent of any other project of Contractor. (Note: "Claims Made" coverage may be considered subject to additional conditions on a case -by -case basis.) I Schedule for Commercial General Liability Limits 1 Product & Completed Operations and General Contract Bid Per Occurrence Limit - Annual Aggregate Limit Less than $100,000 $500,000 $1,000,000 $100,000 - $1,000,000 $1,500,000 $2,000,000 1 Greater than $1,000,000 $4,000,000 $5,000,000 2. Automobile Liability Insurance: Code 1 ( "any auto ") and Uninsured Motorist 1 Endorsement with a $ (see schedule below) combined single limit per occurrence. Contract Bid Per Occurrence Limit 1 $0 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 I F. Excess /Umbrella Liability: If Contractor's primary- coverage commercial general liability and automobile coverages do not meet the minimum limit required, Contractor shall maintain during the life of this Contract excess or I CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 7 DURHAM PHASE 5B 1 m rella liability over the primary policies sufficient to meet the total aggregate u b ty p rY P limits required by this Contract. G. Pollution Liability Insurance: Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the Contract, Pollution Liability Insurance covering the Contractor's liability for bodily injury, property damage and environmental damage from sudden accidental pollution and related cleanup cost incurred by the Contractor, all arising out of the Work or services including the transportation risk to be performed under this Contract. Combined single limit per occurrence shall not be less than $2,000,000. Annual aggregate limit shall not be less than $2,000,000. H. Other Insurance Provisions: 1. Contractor shall show evidence that the required commercial and automobile 1 liability is in effect for the entire term of this Contract. 2. Owner shall be named as an "Additional Insured" on all liability policies in 1 effect under this Contract. 3. Contractor's coverage shall be primary insurance for Owner and its officers, employees, agents and volunteers. Any insurance or self - insurance maintained by Owner and its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 4. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Owner and its officers, employees, agents or volunteers. • 5. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. I. All Coverages: Any accidents or incidents causing injury or property damage shall be reported by Contractor to Owner and Contractor's insurer. Any deductible or self - insured retentions in excess of 1 percent of the Contract amount must be declared to and approved by Owner. At the option of Owner, the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects Owner and its officers, employees, agents and volunteers, or Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. In the event any work under this Contract is performed by a Subcontractor, Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this 1 Contract by a Subcontractor, which liability is not covered by the Subcontractor's insurance. J. Insurance Coverage for Special Conditions: When the construction is to be accomplished within a public or private right -of -way requiring special insurance SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 8 JUNE 2010 1 DURHAM PHASE 5B1 coverage, - Contractor -shall conform to the particular requirements -of -the- authority ' having jurisdiction and provide the required insurance. Contractor shall include in its, liability policy all endorsements that may be required for the protection of the Owner and its officers, agents and employees. Insurance coverage for special conditions, when required shall be provided as set forth in the Supplementary Conditions. ' K. No Personal Liability for Public Officials: In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon any public official. 1 L. Additional Insurance: In addition to the specific insurance requirements set forth above, Contractor shall also provide all insurance and/or certificates ' required by federal, state, county or municipal bodies, as well as railroads and public utilities. 1 SC- 5.06.A — Delete the word "Owner" in the first sentence and replace with the word "Contractor." SC- 5.06.B — Delete the word "Owner" in the first line and replace with the word 1 "Contractor ". SC- 5.06.E — Replace the word "Owner" with the word "Contractor" and replace the word "Contractor" with the word "Owner" throughout this paragraph. SC- 5.07.B.1 — Delete this Paragraph in its entirety. SC- 6.01.B — Add the following after the first sentence of Paragraph 6.01.B: The replacement shall also be a competent resident superintendent and shall be subject to approval by Owner. The Contractor's superintendent shall be present at the Site at all times while Work is in progress and shall be available by phone 1 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 1 responsible charge. SC- 6.02.B — Add the following sentence to Paragraph 6.02.B: 1 Contractor (and Subcontractors) regular work hours shall be between 7:00 a.m. and 6:00 p.m. on weekdays only. SC -6.03 — Services, Materials, and Equipment: Add the following paragraphs immediately after paragraph 6.03.C: 1 D. Until substantial Completion of the Work is acknowledged by Owner, Contractor shall have the responsible charge and care of the Work and of 1 CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 9 DURHAM PHASE 5B1 materials to be used herein, including materials for which Contractor has received partial payment or materials which have been furnished by Owner, and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution of the Work or not. E. Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before the Work's completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, Contractor shall, at Contractor's own expense, provide suitable drainage and erect such temporary structures or rent such structures as are necessary to protect the Work or materials from damage. The suspension of the Work or the granting of an extension of time for any cause whatever shall not relieve Contractor of Contractor's responsibility for the Work and materials as specified herein. F. When the quality of a material, process, or article is not specifically set forth in the Contract Documents, the best available quality of the material, process, or article shall be provided. SC- 6.04.A — Progress Schedule: add the following subparagraph to paragraph 6.04.A: 1 3. If, in the opinion of Engineer, Contractor falls behind the accepted Construction Schedule due to actions or neglect of Contractor or Contractor's agents, servants, employees, officers, subcontractors, directors, or any party contracting to perform part of all of the Work or to supply any equipment or • materials, Contractor shall take steps, including, but not limited to, increasing the number of personnel, shifts, and/or overtime operations, days of work, and/or amount of construction equipment until such time as the Work is back on schedule. Contractor shall also submit for review no later than the time of submittal of the next request for partial payment, such supplementary schedule or schedules as may be necessary to demonstrate the manner in which the acceptable rate of progress will be regained, all without additional cost to Owner. SC- 6.06.B — Concerning Subcontractors, Suppliers, and Others: Delete the first sentence of 1 the paragraph 6.06.B and insert the following in lieu thereof, and add subparagraph 6.06.B.1: B. Contractor shall submit to the Owner a list of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner as stipulated in the Bidding documents. Owner's acceptance (either in writing or by failing to make written objection thereto within 2 weeks of submittal of the list) of any such subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. 1. Subcontracting: Contractor shall perform with Contractor's own organization Work amounting to not less than 51 percent of the combined value of all items of the Work covered by the Contract. SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 10 JUNE 2010 DURHAM PHASE 5B1 SC- 6.07.A -- Patent fees and Royalties: add -the following subparagraphs- immediately- after - - paragraph 6.07.A: I 1. Contractor shall furnish to Owner at the time of initial submittal, satisfactory ' evidence that Suppliers of proprietary materials, equipment, devices, or processes to be furnished or used in the performance of the Work do indemnify, keep, and save harmless Contractor from all liabilities, judgments, costs, damages, and ' expenses which may arise from the use of such proprietary materials, equipment, devices, or processes, furnished to Contractor for incorporation in or use in performance of the Work and their operation by Owner after acceptance of the Work. Such satisfactory evidence shall consist of patent licenses or patent releases covering proprietary materials, equipment, devices or processes. SC- 6.08.A — In Paragraph 6.08.A after the words, "Supplementary Conditions ", add the ' words, "or Division 1 — General Requirements ". SC -6.08 — Add the following paragraph immediately after paragraph 6.08.A: ' B. Contractor shall be responsible for obtaining all permits. Owner will pay the cost on all permits. ' SC -6.09 - Add the following paragraphs immediately after Paragraph 6.09.C.: D. The following paragraphs include without limitation the standard contract clauses that are required in every public contract in accordance with the Oregon Revised Statutes. Contractor shall include any other standard contract clauses required by federal, state and local laws, ordinances and regulations. This Agreement shall include by reference any other standard contract clauses required by federal, state, and local laws, ordinances and regulations. ' 1. Prompt Payment: Contractor shall promptly pay all of its obligations arising out of or in connection with the Work, including, but not limited to, payments (1) to all persons, as due, supplying to Contractor labor, equipment, services or material for the performance of the Work, (2) of all contributions or amounts due the Industrial Accident Fund from Contractor or any Subcontractor incurred in the performance of the Work, and (3) to the Department of Revenue of all sums withheld from employees under ORS 316.167. ' 2. Prompt Payment Policy: It is the policy of the State of Oregon that all payments' due on a public improvement contract and owed by a contracting agency shall be paid promptly. No public contracting agency is exempt from the ' provisions of ORS 279C.570. 3. Contractor's Failure to Make Prompt Payment: If, upon reasonable concern by ' Owner that Contractor has failed, neglected or refused to make prompt payment of any claim for labor, equipment, services or materials furnished to Contractor or a Subcontractor by any person in connection with the Project as such claim CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 11 DURHAM PHASE 5B 1 such claim to the person furnishing the labor, becomes due, Owner may pay suc c e p g ab , equipment, services or materials and charge the amount of the payment against funds due or to become due Contractor under the Contract. Owner reserves the right to make payments directly or by multiple -payee check and Contractor hereby consents to such direct and multiple -payee check payments. Upon Owner's request, Contractor shall furnish to Owner the information required to facilitate such payments with each application for payment, including (1) names, addresses, and telephone numbers of persons making any such claim for labor, equipment, services or material, and (2) a complete listing of outstanding amounts owed to all such persons. 4. Contractor's and First -Tier Subcontractor's Failure to Make Payment After Payment From Owner; Interest Penalty: If Contractor or a first -tier. Subcontractor fails, neglects or refuses to make payment to a person furnishing labor, equipment, services or materials in connection with the Project within thirty (30) days after receipt of payment from Owner or Contractor, Contractor or first - tier Subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10 -day period that payment is due under ORS 279C.580(4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to Contractor or first -tier Subcontractor on the amount due shall equal three times the discount rate on 90 -day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the Owner or from Contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. • 1 5. Construction Contractors Board Complaint: If Contractor or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor, equipment, services or materials in connection with the Project, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. 1 6. Continuing Liability of Contractor and Surety: Payment by Owner of a claim in the manner authorized in this paragraph does not relieve Contractor or Contractor's surety from obligation with respect to any unpaid claims. 7. Prevailing Rate of Wage: This Project is a public works project subject to the prevailing wage rate requirements in ORS 279C.800 to 279C.870. Contractor and any subcontractors shall comply with ORS 279C.838 and ORS 279C.840. Workers in each trade or occupation required for the Work of this Project shall not be paid less than the minimum hourly rate of wage for such workers incorporated by reference in Section 00810, Oregon Prevailing Wage Rates, of the specifications for this Agreement. 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 12 JUNE 2010 • DURHAM PHASE 5B 1 8. Fee to -be Paid to BOLL Owner will pay the required - -fee to the Commissioner ' of the Bureau of Labor and Industries in accordance with the provisions of ORS 279C.825. 9. Compliance with Laws /Tax Laws: Contractor shall comply with all applicable ' federal, state, and local laws, statutes, codes, regulations, rules, orders and rulings as well as all applicable construction industry standards; including without ' limitation those governing labor, materials, equipment, construction procedures, safety, health, sanitation and the environment. Contractor agrees to indemnify, hold harmless, reimburse, and defend Owner from and against any penalties or ' liabilities arising out of violations of such obligations by Contractor or its Subcontractors or suppliers at any tier. Contractor must also comply with all Oregon tax laws. 1 10. Employee Drug Testing Program: Contractor shall certify to Owner that Contractor has initiated, and shall maintain through the completion of the Work of ' the Project, an employee drug- testing program. 11. Work Day /Work Week: No person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, ' emergency, or where the public policy absolutely requires it, and in such cases, the employee shall be paid at least time and a half pay (1) for all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday, or (2) for all overtime in excess of 10 hours a day or 40 hours in any one week when the work is four consecutive days, Monday through Friday, and (3) for all work performed on Saturday, and on any legal holiday specified in ORS 279C.540. 12. Notice of Required Work Hours: Contractor, each Subcontractor and each lower -tier Subcontractor must give notice to its employees in writing, either at the time of hire or before commencement of work, or by posting a notice in a location frequented by its employees, of the number of hours per day and days per week that the employees may be required to work. 13. Claims for Overtime: Any worker employed by Contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with Contractor within 90 days from the completion of the contact, provided Contractor has: (1) Caused a circular clearly printed in boldfaced 12 -point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place ' which is readily available and freely visible to any or all workers employed on the work; (2) Maintained such circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. 1 14. Worker's Compensation: All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply 1 CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 13 DURHAM PHASE 5B 1 17 and provide the required Workers' Compensation coverage, with ORS 656.017 p o de e equ red Workers Compensatio co erage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 15. Prompt Payment for Medical Services: Contractor shall promptly make payment, as due, to any person, co- partnership, association or corporation, furnishing medical, surgical or hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. 16. Prompt Payment by Contractor and Subcontractors • Interest Penalty: 6. p ay y t: y Contractor shall include in each subcontract and supply contract entered into by Contractor a clause obligating Contractor (1) to make payment to the Subcontractor or supplier for satisfactory performance within ten (10) days out of such amounts as are paid to the Contractor by Owner under the Contract, and (2) if payment is not made within 30 days after receipt of payment from Owner, to pay the Subcontractor or supplier an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract as required by this paragraph (1) above. The interest penalty shall be for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made, and computed at the rate specified in Paragraph 6.09.D.4. Contractor shall also include in each subcontract and supply contract entered into by Contractor a clause obligating each Subcontractor and supplier to include a payment clause and an interest penalty • clause conforming to the standards of this paragraph and Paragraph 6.09.D.4 in ■ each of its subcontracts and supply contracts and to include such clauses in their subcontracts and supply contracts with each lower -tier Subcontractor or supplier. 1 17. List of Subcontractors /Licensing With Construction Contractors Board: Before commencing Work, Contractor shall provide to Owner and Engineer a list of all subcontractors and suppliers to be involved on the Project. The list shall be attached to the Agreement as an Exhibit. The receipt of such list shall not require Owner or Engineer to investigate the qualifications of proposed Subcontractors and suppliers, nor shall it waive the right of Owner to later object to or reject any proposed Subcontractor or supplier. It shall be the responsibility of Contractor to assure that all subcontractors are duly registered with the Oregon State Construction Contractors Board and have not been declared ineligible to work on a public contract. 18. Material Salvage: To the extent the scope of the Work for this Agreement 1 requires demolition, Contractor must salvage or recycle construction and demolition debris, if feasible and cost - effective. 1 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 14 . JUNE 2010 DURHAM PHASE 5B1 19. Composting: To the extent the -sco e of the Work -for this Agreement requires P g q 1 lawn and landscape maintenance, Contractor must compost or mulch yard waste material at an approved site, if feasible and cost - effective. 20. Environmental and Natural Resources Laws: Pursuant to ORS 279C.525, the 1 following is a list of Federal, State, and Local agencies that have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of this Agreement. The following list may not include all such agencies that have enacted ordinances or regulations relating to the prevention of environmental ' pollution and preservation of natural resources. Federal Agencies: 1 Agriculture, Dept. of Forest Service ' Natural Resources Conservation Service Defense, Dept. of Army Corps of Engineers 1 Coast Guard Environmental Protection Agency • 01/ Interior, Dept. of U.S. Fish and Wildlife Service Bureau of Land Management Bureau of Indian Affairs Bureau of Reclamation Labor, Dept. of Occupational Safety and Health Administration ' Transportation, Dept. of Federal Highway Administration Bureau of Mines Federal Energy Regulatory Commission Geological Survey Health and Human Services, Dept. of ' Housing and Urban Development, Dept. of Mine Safety and Health Administration Minerals Management Service 1 National Oceanic and Atmospheric Administration Office of Surface Mining, Reclamation and Enforcement Water Resources Council 1 State Agencies: ' Administrative Services, Dept. of Agriculture, Dept. of Columbia River Gorge Commission 1 CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 15 • DURHAM PHASE 5B1 Consumer and Business Services, Dept. of Oregon Occupational Safety and Health Division Environmental Quality, Dept. of Fish and Wildlife, Dept. of Forestry, Dept. of Geology and Mineral Industries, Dept. of Human Services, Dept. of Labor and Industries, Bureau of Land Conservation and Development, Dept. of Natural Resources, Dept. of Parks and Recreation, Dept. of State Fire Marshall State Lands, Dept. of Water Resources Department Local Agencies: City Councils Circuit Courts County Commissioners, Boards of Fire Districts Historical Preservation Commission Planning Commissions Port Districts Special Districts • Oregon Tribal Governments 21. Retainage: The withholding of retainage by Contractor or Subcontractor shall 1 be in accordance with ORS 279C.550 to ORS 279C.570 and 279C.845(7). 22. Liens: Contractor shall not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. 1 1 1 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 16 JUNE 2010 DURHAM PHASE 5B 1 23. Notice of Claim on Bond: The - notice- of claim - .required .by ORS 279C.600 ' must be sent by registered or certified mail or hand - delivered no later than 80 days after the day the person last provided labor or furnished materials or 180 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to Contractor or Subcontractor at any place Contractor or Subcontractor maintains an office or conducts business or at the residence of Contractor or ' Subcontractor. If the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 200 days after the employee last provided labor or materials. The notice shall be in writing substantially as follows: 1 To (here insert the name of Contractor or Subcontractor and the name of the Owner): ' Notice is hereby given that the undersigned (here insert the name of the claimant) has a claim for (here insert a brief description of the labor or materials performed or furnished and the person by whom performed or furnished; if the claim is for other than labor or materials, insert a brief description of the claim) in the sum of (here insert the amount) dollars against the (here insert public works bond or payment bond, as applicable) taken from (here insert the name of the principal and, if known, the surety or sureties upon the public works bond or payment bond) for the work of (here insert a brief description of the work concerning which the public works bond or payment bond was taken). Such material or labor ' was supplied to (here insert the name of Contractor or Subcontractor). (here to be signed) 1 SC- 6.12.A — In the last sentence of Paragraph 6.12.A: delete the words, "these record documents" and replace with the words, "these record Drawings "; record specifications and insert the words, "annotated (marked -up to reflect field changes, if any) final" before the words, "Shop Drawings ". SC- 6.13.B — Add the following paragraph immediately after Paragraph 6.13.B: 1 Contractor shall be aware that permit- required confined spaces exist in or near the Project Site. Entry to these spaces must be accomplished in compliance with the requirements of OAR 166- 150 -0190 (29 CFR 1910.146). Examples of 1 permit- required confined spaces include but are not limited to the following: 1. Open tanks beyond the handrails including clarifiers, aeration basins, channels, 1 etc. 2. Manholes. 3. Flow control structures which have the potential to contain sewage. CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 17 DURHAM PHASE 5B1 . 4. Enclosed tanks including digesters, clarifiers, grit basins, chemical tanks, etc. g g �� > 5. Wet well and dry wells of pump stations. 6. Headworks channels. 7. Electrical vaults. The hazards associated with these confined spaces may include but are not limited to: 1. Oxygen deficiency. 1 2. Combustible vapors including methane. 3. Slip hazards. 4. Fall/retrieval hazard. 5. Engulfment hazard. 6. Lockout required of mechanical and electrical devices. 7. Toxic or hazardous chemicals including hydrogen sulfide and process chemicals. 8. Traffic hazards. 9. Hot work and ignition sources. 10. Potential for rapid changes in working conditions. 11. Painting or coating application activities often pose temporary hazards. Prior to beginning Work in permit - required confined spaces, Contractor shall 1 provide Owner with a copy of Contractor's permit- required confined space entry plan/program including a copy of the permit forms that will be used by • Contractor. Upon request by Contractor, Owner will review with Contractor, Owner's permit- required confined space program and specific procedures Owner would incorporate in spaces entered. Owner will coordinate any of its entries into the same spaces with Contractor. When the permit- required confined space Work is completed, Contractor shall inform Owner, in writing, of any hazards encountered or changes made resulting in different hazards within the space. SC -6.13 — Add the following paragraphs immediately after Paragraph 6.13.D: E. Before any Work at the Site is started, Contractor shall have prepared Contractor's written plan for the Project - specific safety precautions and programs, complete with respect to procedures and actions that Contractor intends for Contractor and all others as provided in Paragraphs 6.13.A.1 and 13.02, in order for Contractor and all others to comply with all applicable Laws and Regulations. Contractor's plan for safety precautions and programs shall have been approved and endorsed by Contractor's designated safety representative required in Paragraph 6.14. F. Contractor shall revise Contractor's plan for safety precautions. and programs 1 at appropriate times to reflect changes in construction conditions, the Work, Contractor's means, methods, techniques, sequences and procedures of construction, and the requirements of Paragraph 13.02. Contractor shall 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 18 JUNE 2010 1 DURHAM PHASE 5B1 disseminate the original plan and revisions to all- others - indicated -in- Paragraphs ' 6.13.A.1 and 13.02. G. Contractor's plan for safety precautions and programs will not require more stringent safety requirements, training or other qualifications for all others, ' including those specified in Paragraph 13.02 and their employees, than Contractor sets forth for comparable activity and responsibility of Contractor, ' Subcontractors and Suppliers and their respective employees. H. Contractor shall prepare, implement, and maintain a safety and health program or plan in accordance with Section 01329 of the General Requirements. SC -6.17 — Delete Paragraph 6.17 in its entirety. See Section 01330, Submittal Procedures. SC- 6.20.A — Delete Paragraph 6.20.A in its entirety and add the following paragraph: A. To the fullest extent permitted by Laws and Regulations, Contractor shall ' indemnify, hold harmless, reimburse and defend Owner and Engineer and the officers, directors, partners, members, employees,•agents, Consultants and Subcontractors of each and any of them, and the successors in interest of the 1 foregoing, from, for and against suits, actions, claims, damages, penalties, liabilities, losses and expenses (including but not limited to all fees and related costs, disbursements and expenses of Engineers, architects, attorneys and expert witness' fees) arising out of or resulting from the performance of the Work, but only to the extent caused by: 1) the negligent acts or omissions of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, or 2) breach of this Contract by Contractor. 1 SC- 6.21.B — Add the following sentence to Paragraph 6.21.B: The design professional shall be registered in the State of Oregon. ' SC- 6.21.D — In the last sentence of Paragraph 6.21.D, delete the phrase "Paragraph 6.17.D.1" and replace with "Section 01330, Submittal Procedures ". SC -7.01 — Add the following paragraphs immediately after Paragraph 7.01.C: 1 D. Should Contractor cause damage to the work or property of any separate contractor at the site, or should any claim arising out of or resulting from Contractor's performance of the Work at the site be made by any separate ' contractor against Contractor, Owner, Engineer, or Engineer's Consultants or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by mediation, ' arbitration or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify, hold harmless, reimburse and defend Owner and Engineer and the officers, directors, partners, members, employees, agents, ' T CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 19 DURHAM PHASE 5B 1 n Subcontractors of each and any of them, Consultants and Subc a y , and the successors in interest of the foregoing, from, for and against suits, actions, claims, damages, penalties, liabilities, losses and expenses (including but not limited to all fees and related costs, disbursements and expenses of Engineers, architects, attorneys and expert witness' fees) arising directly, indirectly or consequentially out of or resulting from any action, legal or equitable, brought by a separate Contractor against Owner, Engineer, or Engineer's Consultants or the officers, directors, employees, agents, or other Consultants of each and any of them to the extent based 011 a claim caused by, arising out of, or resulting from Contractor's negligent or other failure of performance in the Work. E. Should a separate Contractor cause damage to the Work or property of 1 Contractor or should the performance of Work by any separate contractor at the Site give rise to any other claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, or Engineer's Consultants or the officers, directors, employees, agents, or other Consultants of each and any of them or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any mediator or arbitrator which seeks to impose liability on or to recover damages from Owner, Engineer, or Engineer's Consultants or the officers, directors, employees, agents, or other consultants of each and any of them on account of any such damage or claim. SC -7.02 — Delete paragraphs 7.02.A and 7.02.B in their entireties and replace with the following: A. Engineer and Owner will have authority and responsibility for coordination of • Site activities for various contractors and utility owners at and adjacent to the Project site. Contractor shall cooperate with this effort and assist the coordination with work activities conducted by other contractors performing such other work. B. Unless expressly assigned to Engineer or Owner, all other authority and responsibilities shall remain vested in each contractor and utility owner. SC- 8.02.A — In Paragraph 8.02.A, delete the words, "to whom Contractor makes no reasonable objection, ". SC- 9.03.A — Add the following immediate) after Paragraph 9.03.A: gY �a p B. The Resident Project Representative (RPR) will be furnished by Engineer. 1 The responsibilities, authority, and limitations of the RPR are limited to those of Engineer in accordance with Paragraph 9.09 of the General Conditions and as set forth elsewhere in the Contract Documents and are further limited and described 1 below. 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 20 JUNE 2010 1 DURHAM PHASE 5B1 C. Responsibilities _and-Authority: 1. Schedules: Review and monitor the Progress Schedule, Schedule of Submittal submissions and Schedule of Values prepared by Contractor and consult with ' Engineer concerning acceptability. 2. Conferences and Meetings: Conduct or attend meetings with Contractor, such as preconstruction conferences, progress meetings, Work conferences and other 1 Project related meetings. 3. Liaison: (i) Serve as Engineer's liaison with Contractor, working principally 1 through Contractor's superintendent and assist in understanding the intent of the Contract Documents; (ii) assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's onsite operations; ' (iii) assist in obtaining from Owner additional details or information when required for proper execution of the Work. 1 4. Submittals: Receive Submittals which are furnished at the Site by Contractor, and notify Engineer of availability for examination. Advise Engineer and Contractor of the commencement of any Work or arrival of products at the site, ' when recognized, requiring a Shop Drawing or Sample if the Submittal has not been approved by Engineer. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: (i) Conduct onsite observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract ' Documents; (ii) inform Engineer and Contractor whenever RPR believes that any Work is defective; (iii) advise Engineer when RPR believes that any Work will not produce a complete Project that conforms generally to the Contract ' Documents, or will prejudice the integrity of the design. concept of the complete Project as a functioning .whole as indicated in the Contract Documents, or ' whenever RPR believes Work should be uncovered for observation, or requires special testing, inspection, or approval; (iv) monitor to ensure that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; (v) observe, record and report to Engineer appropriate details relative to the test procedures and startups; and (vi) accompany visiting ' inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the Engineer. ' 6. Interpretation of Contract Documents: Inform Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 1 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and provide recommendations to Engineer; transmit to Contractor the decision issued by Engineer. CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 21 DURHAM PHASE 5B1 8. Records: (i) Maintain at the Site files for correspondence, conference records, Submittals including Shop Drawings and Samples, reproductions of original Contract Documents including all Addenda, the signed Agreement, Written Amendments, Work Change Directives, Change Orders, Field Orders,,,additional Drawings issued after the Effective Date of the Agreement, Engineer's written clarifications and interpretations, progress reports, and other Project related documents; (ii) keep a record of pertinent Site conditions, activities, decisions and events. 9. Reports: (i) Furnish Engineer periodic reports of progress of the Work and of Contractor's compliance with the Progress Schedule and Schedule of Submittal submissions; (ii) consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work; and (iii) assist in drafting proposed Change Orders, Work Change Directives, and Field Orders, obtain backup material from Contractor as appropriate. 10. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of values, Work completed and materials and equipment delivered at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals, Record Documents, and Site Records: During the course of the Work, monitor whether these documents and other data required to be assembled, maintained, and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract • Documents, and have this material delivered to Engineer for review and forwarding to Owner prior to final payment for the Work. 12. Substantial Completion: (i) Conduct an inspection in the company of 1 Engineer, Owner, and Contractor and prepare a list of items to be completed or corrected; (ii) submit to Engineer a list of observed items requiring completion or correction. 13. Final Completion: (i) Conduct final inspection in the company of Engineer, Owner, and Contractor; and (ii) notify Contractor and Engineer in writing of all particulars in which this inspection reveals that the Work is incomplete or defective; and (iii) observe that all items on final list have been completed, corrected, or accepted by Owner and make recommendations to Engineer concerning acceptance. D. Limitations of Authority: Resident Project Representative will not: 1 1. have authority to authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Engineer; or 1 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 22 JUNE 2010 1 DURHAM PHASE 5B1 1 2. undertake any of-the-responsibilities-of p onsibilities -of Contractor- - Subcontractors -or- - Contractor's superintendent; or • 3. accept Submittals from anyone other than the Contractor; or 1 Y 4. authorize Owner to occupy the Project in whole or in part; or 5. participate in specialized field or laboratory tests or inspections conducted by 1 others except as specifically authorized by Engineer. SC- 9.06.A - In Paragraph 9.06.A, delete the phrase "Paragraph 6.17" and replace with 1 "Section 01330, Submittal Procedures." SC -9.09 — Add the following paragraph immediately following Paragraph 9.09.E: ' F. Contractors, Subcontractors, Suppliers and others on the Project, or their sureties, shall maintain no direct action against Engineer, its officers, employees, ' affiliated corporations, and Subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the Owner will be the beneficiary of any undertaking by Engineer. ' SC- 10.01.A — Change `B" to "E" in Paragraph 10.01.B and add the following paragraphs immediately after Paragraph 10.01.A: B. Owner may, in anticipation of ordering an addition, deletion or revision to the Work, request Contractor to prepare a proposal of cost and times to perform ' Owner's contemplated changes in the Work. Contractor's written proposal shall be transmitted to the Engineer promptly, but not later than fourteen days after Contractor's receipt of Owner's written request and shall remain a firm offer for 1 a period of not less than forty-five days after receipt thereof by Engineer. 1. Contractor is not authorized to proceed on an Owner contemplated change in ' the Work prior to Contractor's receipt of a Change Order (or Work Change Directive) incorporating such change into the Work. ' 2. Owner's request for proposal or multiple requests for proposals shall not justify a claim for an adjustment in Contract Price or Contract Times (or Milestones). ' C. In signing a Change Order, the Owner and Contactor acknowledge and agree that: 1. the stipulated compensation (Contract Price or Contract Times, or both) set forth in the Change Order includes payment for (i) the Cost of the Work covered by the Change Order, (ii) Contractor's fee for overhead and profit, (iii) interruption of progress schedules, (iv) delay and impact, including cumulative impact, on Work under the Contract Documents, and (v) extended overhead; 1 CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 23 DURHAM PHASE 5B1 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 1 matter of any claim released hereunder by Contractor in the Change Order; and 6. except as otherwise provided in the Change Order, the Contract, as amended, between Owner and Contractor remains in full force and effect. D. A copy of the Change Order form that will be used on the Project is attached as Exhibit A to the Supplementary Conditions. Requests for Information (RFI's) of the Contractor and Engineer's responses to RFI's that result in the development and execution of a Change Order shall be attached to and referenced in the Change Order. SC -10.06 — Add the following paragraph to ARTICLE 10 — CHANGES IN THE WORK; CLAIMS: 10_0 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 1. A description of both the existing Contract requirements and the proposed changes. 1 2. An itemization of the change in Contract requirements if the cost reduction proposal is adopted. 1 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. 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 24 JUNE 2010 DURHAM PHASE 5B 1 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. 1 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. 1 C. The 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, 1 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. 1 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 the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a Contract Change Order. The Change Order shall ' specifically state that it is executed pursuant to this section. Such change order will incorporate the changes in the Contract Documents which are necessary to implement the cost reduction proposal, and shall include any conditions upon which the Engineer's approval is based. The Change Order shall set forth the estimated net savings in the cost of performing the work attributable to the cost ' reduction proposal, and shall further provide that the Contract cost be adjusted by crediting the Owner with 50 percent of the net cost savings. The amount specified to accrue to the Contractor in the Change Order for a cost reduction 1 CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 25 DURHAM PHASE 5B1 constitute ll om ensatio proposal shall full compensation n 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 identical to • previously submitted proposals will be eligible for consideration and • compensation if the previously submitted cost proposal was not adopted for general application. The Owner or any other public agency shall have the right to use all or any part of a cost reduction proposal without obligation or compensation of any kind to the Contractor. J. Contractor shall bear all costs to revise all bonds for the Project to include the 1 cost reduction incentive proposal work. SC- 11.01.A.1 — Delete Paragraph 11.01.A.1 in its entirety and replace with the following: 1. Labor costs for employees in the direct employ of Contractor in the • performance of the Work will be the actual cost for wages in accordance with the Oregon Bureau of Labor and Industries (BOLI) Prevailing Wage Rates for Public • Works Contracts in Oregon for each craft or type of workers performing the Work at the time the work is done, plus BOLI's established Fringe Rate for employer payments of payroll taxes, worker compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers will be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen and superintendents shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. SC- 11.01.A.4 — In Paragraph 11.01.A.4, delete the word "special" and replace with the word "technical" and delete the parenthetical phrase "(including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants)" in its entirety. 1 SC- 11.01.A.5.c — Delete Paragraph 11.01.A.5.c and replace with the following: c. Rentals of construction equipment at the rental rate listed for such equipment specified in the current edition of the "Contractor's Equipment Cost Guide" as SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 26 JUNE 2010 1 DURHAM PHASE 5B1 published by Equipment Watch www.e ui p mentwatch.com telephone r- p Y � q P )� - numbe ' 800/699 -3282, or from rate sheets from local rental companies. Such rental rate will be used to compute payments for equipment whether the equipment is under the Contractor's control through direct ownership, leasing, renting, or another ' method of acquisition. The rental rate to be applied for use of each item of equipment will be the rate resulting in the least total cost to the Owner for the total period of use. If it is deemed necessary by the Contractor to use the ' equipment not listed by the references specified herein, an equitable rental rate for the equipment will be established by the Engineer. The Contractor may furnish cost data which might assist the Engineer in the establishment of the ' rental rate. Payment shall be subject to the following: 1) Payment for equipment which is already on the Project Site and which is used ' in the completion of extra work will not be allowed; - 2) All equipment shall, in the opinion of the Engineer, be in good working ' condition and suitable for the purpose for which the equipment is to be used; 3) Before construction equipment is used on the extra work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Engineer, in duplicate, a description of the equipment and its identifying number; 4) Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of 1 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 1 6) Rental time will not be allowed while equipment is inoperative due to breakdowns. 1 1 1 1 1 CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 27 1 DURHAM PHASE 5B1 The rental time paid equipment ime to be aid for e ui ment at the Site will be the time the equipment is in productive operation on the extra work being performed and, in addition, will include the time required to move the equipment to the location of the extra work and return it to the original location or to another location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on other than the extra work. Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time of equipment on the Work Site will be computed subject to the following: 1) When hourly rates are listed, any part of an hour less than 30 minutes of operation will be considered to be half -hour of operation, and any part of an hour ' in excess of 30 minutes will be considered one hour of operation; 2) When daily rates are listed, any part of a day less than 4 hours operation will 1 be considered to be half -day of operation. When Owner - operated equipment is used to perform extra work to be paid from on time and materials basis, the Contractor will be paid for the equipment and operator, as set forth in Paragraphs a), b) and c) following; a) Payment for the equipment will be made in accordance with the provisions in Paragraph c above; b) Payment for the cost of labor and subsistence or travel allowance will be ; made at the rates established in Paragraphs SC- 11.01.A.1; and c) To the direct cost of equipment rental and labor, computed as provided 1 herein, will be added the allowances for equipment rental and labor as provided in Section 00700, General Conditions, Paragraph 12.01.C. SC- 11.01.B.5 — Insert the words ", includin g lost opportunity costs" between the words "kind" and "and" in the second line. SC- 11.01.D — Add the following to Paragraph 11.01.D: Supporting data shall include but not be limited to daily submissions of timesheets indicating hours and trades worked, equipment and time equipment was employed, and materials expended. SC- 11.03.D — Delete Paragraph 11.03.D in its entirety. 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 28 JUNE 2010 , DURHAM PHASE 5B1 SC- 12.01.C.2.c — Add the following to-Paragraph -1-2.0 1.C.2.c: 1 except, the maximum total allowable cost to Owner shall be the Cost of the Work plus a maximum collective aggregate fee for Contractor and all tiered Subcontractors of 26.8 percent; ' S C- 12.02.B — Add the followin g to Paragraph 12.02.B: 1 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 1 operations only will not be acceptable to show the criticality of any event on the Project Schedule as a whole. 1 SC -12.02 — Add the following paragraphs to12.02 immediately following Paragraph 12.02B: C. Use of Float: ' 1. A claim for an adjustment of Contract Times (or Milestones), otherwise allowable under the Contract Documents, shall be granted only when the time lost or gained exceeds the float for the activity at the time of the event giving rise to the claim. Float, the amount of time between the early start date and the late start date, or the early finish date 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. ' S C- 12.03.0 — Add the following after the first sentence of Paragraph 12.03.C: Contract Times may be extended because of delays in the completion of the Work due to abnormal weather conditions provided that the Contractor shall, within 10 days of the beginning of such delay, notify Engineer in writing of the ' cause of the delay and request an extension of time. Such requests shall be accompanied with supporting documentation referenced to the NOAA INDEX weather in the Project vicinity. Engineer will make recommendations to Owner ' to extend the Contract Times for completing the Work when, in Engineer's judgment, the findings of facts and extent of delay justify such an extension. Contractor shall not be entitled to any additional compensation of any kind 1 arising out of or relating to abnormal weather conditions. SC -12.03 — Add the following paragraph immediately after Paragraph 12.03.E: F. Contractor shall proceed expeditiously with adequate forces and shall achieve Final Completion within the Contract Time. If the Contractor's performance falls 1 CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 29 DURHAM PHASE 5B1 r shall accelerate the work as required to behind schedule, the Contracto get back s a c q g on schedule at no additional cost to the Owner. Accelerated work shall include air or express delivery of materials and equipment, increasing the number of workers, working overtime, working Saturdays, Sundays, and holidays and working additional shifts. The Contractor shall pay the Owner for any extra cost 1 of inspection made necessary by accelerated work required under this provision. SC- 13.03.A — Delete Paragraph 13.03.A in its entirety and replace with the following: A. Contractor shall notify Engineer 48 hours prior to the expected time for fY g p p operations requiring inspection and laboratory testing services. Contractor shall cooperate with inspection and testing personnel and furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. SC- 13.03.B — In the first line of Paragraph 13.03.B insert the words, "perform testing and 1 inspections itself or shall" between the words "shall" and "employ ". SC- 13.03.B.3 — Change Paragraph "3" to "4" and add the following paragraph: 1 3. retesting required because of non - conformance to the requirements of the Contract Documents; and 1 SC- 13.03.D — Add the following to Paragraph 13.03.D: Tests required by Contract Documents to be performed by Contractor that require test certificates be submitted to Owner or Engineer for acceptance shall be made by an independent testing laboratory o r a gency l ice n se d 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: 1 1. "Recommended Requirements for Independent Laboratory Qualification," published by the American Council of Independent Laboratories. 1 2. Basic requirements of ASTM E329, "Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction" as applicable. 3. Calibrate testing equipment at reasonable intervals by devices of accuracy traceable to either the National Bureau of Standards or accepted values of natural physical constants. Prior to requesting a certificate of Substantial Completion, and allowing 1 occupancy of facilities, Contractor shall provide an inspection by an independent safety inspector certified by the state in the construction type being inspected, to determine that the facilities provided are in compliance with the state and federal safety requirements. Signed copies of the inspection reports shall be submitted to SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 30 JUNE 2010 1 DURHAM PHASE 5B1 the Engineer for Owner -'s files. Violations or deficiencies- noted - therein shall be 1 resolved prior to occupancy of the facilities and before final payment will be made. ' SC -13.03 — Add the following paragraph after Paragraph 13.03.F: G. Costs of retesting as required in accordance with Paragraph 13.03.B.3 shall be ' paid by the Contractor. SC- 14.02.A.1 — In the first sentence, delete the phrase "date established in the Agreement for each progress payment" and replace it with the phrase "first day of each month ". Add the 1 following: 1. Stored Materials and Equipment: Payments for stored materials and equipment 1 shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit to Contractor. Partial payments will not be made for undelivered materials or equipment, except for 1 payments associated with procurement contracts initiated by Owner and assigned to Contractor. 1 2. 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 such shop drawings schedules, procurement schedules, value of material on hand included in application, and other data specified in Section 01330, Submittal Procedures, or reasonably required by Engineer. 1 3. Payment for material delivered to the Work Site or stored under Owner's control will be based on the vendors' paid invoices or the bill of lading showing date of delivery and the Work Site where the delivery took place, a copy of 1 which shall be furnished by Contractor to Engineer with each request for progress payment. Only those materials have been incorporated into the Project or are stored under Owner's control may be included in the progress payment as 1 material stored. 4. Partial payment for equipment shall be as follows: a) 5 percent upon final approval of shop drawings by the Engineer or Owner. b) 55 percent upon delivery of goods. c) 35 percent upon startup and final acceptance of goods by the Owner. d) 5 percent upon delivery of O &M manuals. 1 1 1 CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 31 DURHAM PHASE 5B1 5. In addition to the amounts which Owner may retain as provided elsewhere in 1 the Contract Documents, Owner may withhold a sufficient amount or amounts from any payment otherwise due Contractor as in Owner's judgment may be necessary to cover: a) Payments which may be due and payable for properly filed claims against ' Contractor or any Subcontractor for labor or materials furnished in or about the performance of the Contract. b) Estimated or actual costs for correcting defective work not remedied. c) Amounts claimed by Owner as forfeiture due to delays or other offsets. Owner , may apply such withheld amount or amounts to the payment of such claim at Owner's discretion. In doing so, Owner shall be deemed the agent of Contractor and any payments so made by Owner shall be considered as a payment made under the Contract by Owner to Contractor, and Owner shall not be liable to Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. Owner shall render to Contractor a proper account of any such funds disbursed in or on behalf of Contractor. SC- 14.02.B.1 — In the first line of Paragraph a h 14.02.B.1 , change the number "10" to the number "15 ". SC- 14.02.C.1 — Delete Paragraph 14.02.C.1 in its entirety and replace with the following: Thirty d after presentation of the Application for Payment Engineer Thirty ua after �iesen�a� ion of tug c�ppiia.a�Ivu lvi Pujyiiien� to Lngmeer or • ■ fifteen days after approval of Application for Payment by Owner, whichever comes first, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due and when due will be paid by Owner to ' Contractor. The Engineer shall have fifteen days from receipt of Application for Payment to notify Contractor if all or part of the Application for Payment is in dispute. 1 SC- 14.02.D — Modify Paragraph 14.02.D.1 as follows: Modify Paragraph 14.02.D.1.c by removing the "or ". • Modify Paragraph 14.02.D.1.d by removing the "." and replacing it with "; or ". 1 Add the following paragraph immediately after 14.02.D.1.d: e. Owner has not received the Certified Payrolls from Contractor required by ' Article 11 of the Agreement and must withhold the additional retainage required in Article 11 of the Agreement until Contractor submits its Certified Payrolls. 1 O SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 32 JUNE 2010 DURHAM PHASE 5B1 1 Add the following paragraph -to- Paragraph 14.02.D, and change Paragraphs ' 14.02.D.2 and 3 to Paragraphs 14.02.D.3 and 4, respectively: 2. Owner may reduce the amount recommended by Engineer and to be paid for ' the following items: a. Owner compensation to Engineer for labor plus expenses because of the following Contractor- caused events: ' i. witnessing retesting of corrected or replaced defective Work; g g p 1 ii. return visits to manufacturing facilities to witness factory testing or retesting; iii. Submittal review beyond the first resubmittal by Engineer for substantially the same Submittal; 1 iv. evaluation of proposed substitutions and in making changes to Contract Documents occasioned thereby; or b. liability for liquidated damages incurred by Contractor as set forth in the Agreement. SC- 14.04.A — Add the following to Paragraph 14.04.A: Substantial Completion is further defined as (i) that degree of completion of the ' Project's operating facilities or systems sufficient to provide Owner the full time, uninterrupted, and continuous beneficial operation of the Work; (ii) all required functional, performance and acceptance or startup testing has been successfully ' demonstrated for all components, devices, equipment, and instrumentation and control to the satisfaction of Engineer in accordance with the requirements of the Specifications; (iii) all inspections required have been completed and identified critical defective Work has been replaced or corrected; and (iv) all appurtenant operations and maintenance features (e.g., hose bibs, drainage systems, etc.) and safety features (e.g., handrails, motor guards, etc.) have been installed and are 1 functional. Project phases are defined in Section 01140, Work Restrictions. SC- 14.04.A — Add the following paragraphs immediately after Paragraph 14.04.A: 1. Conditions precedent to Substantial Completion of the Work and Engineer's issuance of a Certificate of Substantial Completion shall include: 1 a. Conformance with all training services requirements and deliverables. b. Acceptance of all preliminary operation and maintenance manuals by Owner and Engineer. 1 c. Submittal of current record documents to Owner and Engineer. CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 - 00800 - 33 DURHAM PHASE 5B 1 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 1 limited to, the following: 1. Approved Shop Drawings. 1 2. Record Drawings and Specifications. 3. Electrical testing and wiring diagram. 4. Equipment data forms. 1 5. Manufacturer's certificates of proper installation. 6. Factory test reports. 7. Commissioning, testing and start-up reports. SC- 14.04.D — Delete the last sentence of Paragraph 14.04.D. SC- 14.07.B.1 — Add the following sentence after the second sentence of 1 Paragraph 14.07.B.1: Such written notice of acceptance of the Work shall constitute Final Completion. SC -15.02 - Delete paragraphs 15.02.A through 15.02.D and insert the following in lieu • thereof: 1 A. If Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure the completion of the Work within the Contract Times, or any extension thereof, or fails or refuses to complete such Work within such extension, or if Contractor should be adjudged bankrupt, or if Contractor should make assignment for the benefit of Contractor's creditors, or if Contractor files a petition to take advantage of any debtor's act, or if a receiver should be appointed on account of Contractor's insolvency, or if Contractor or any Subcontractor should violate any provision of the Contract, or if Contractor should persistently refuse or should fail to supply enough properly skilled workmen or proper materials to complete the Work in the time specified, or if Contractor should fail to make prompt payment to Subcontractors or for materials or labor, or if Contractor should disregard laws, ordinances, or instructions given by Owner or Engineer or disregard in any substantial way any provisions of the Contract Documents; Owner may without prejudice to any other right or remedy, serve written notice upon Contractor and Contractor's surety of Owner's intention to terminate the Contract. The notice will contain the reasons for Owner's intention to terminate the Contract and unless such violations shall cease and satisfactory arrangements for the corrections thereof 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 34 JUNE 2010 DURHAM PHASE 5B1 have been accepted -by- Owner- in- wr -itin - .within - -1 -0 days after the - service -of such Y g Y ' notice, the Contract shall upon the expiration of said 10 days cease and terminate. In the event of such termination, the Owner shall immediately serve written notice upon the Surety and Contractor, and Contractor shall be liable for all costs ' necessary to complete the Work. B. The Surety shall, after receipt of notification from Owner of termination of the ' Contract, take over and perform the Work, utilizing a Contractor which is acceptable to Engineer. The Surety shall, within 10 days after receipt of the notice of termination, provide Owner with written notice of Surety's intent to take 1 over and complete the Work in accordance with the Contract Documents, and shall commence the Work within 10 days thereafter. ' C. If the Surety does not reply to the notice of termination, or fails to perform the Work in compliance with the Contract Documents, or provides the Owner with written notice that Surety does not intend to take over and perform the Work to completion, Owner may without prejudice on the part of the Surety, take over the Work and prosecute the same to completion by any method Owner may deem advisable for the Project at the expense of Contractor, and the Surety shall be liable to Owner for any excess cost incurred by or other damage to Owner. In such event Owner may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor that may be on the Work Sites and be necessary therefore. Contractor shall turn over to Owner all materials and equipment in Contractor's possession that is to be incorporated into the Project, and shall make ' arrangements with Owner to turn over any materials or equipment in which Owner has made payment or partial payment but is not in Owner's possession. ' D. Upon completion of the Work, if the unpaid balance of the Contract Price exceeds the direct and indirect cost of completing the Work, including, but not limited to, all costs incurred by Owner from professional services and attorneys' ' fees and all costs generated to insure or bond the Work of substituted contractors or Subcontractors used to complete the Work, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the ' difference to Owner within 30 days upon demand; on failure of Contractor to pay, the Surety shall promptly pay the difference to Owner upon written notice of Contractor's failure to payment. Such difference or any portion thereof not paid ' by the Contractor or the Surety within the 30 days following the date of mailing of the demand for payment, shall earn interest at the rate of. 10 percent per annum or the maximum rate authorized by state law, whichever is lower. 1 SC -15.04 — Contractor May Stop Work or Terminate: Delete paragraph 15.04 in its entirety. 1 CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 35 DURHAM PHASE 5B1 ll SC 16.01 Delete Paragraph 16.01 in its entirety and replace with the following Paragraphs h g p s 16.01 and 16.02: 16.01 Executive Negotiation A. Within 10 days of the delivery of notice of appeal to Engineer's written 1 decision regarding a Claim, dispute or other matter, senior representatives of at least .Owner and Contractor, having authority to settle the dispute, and Engineer shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. B. In the event a mutually acceptable decision cannot be reached through executive negotiation within 20 days of the appealing party's notice, or mutually agreeable longer period, or if the party receiving such notice will not meet within 1 10 days, Owner or Contractor may make a written declaration, delivered to the other party and Engineer, that the executive negotiation is deemed unsuccessful and may initiate further dispute resolution measures in accordance with this Article 16. 16.02 Mediation, Followed by Binding Arbitration: 1 A. All appealed or unsettled Claims, disputes or other matters between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof, (except for Claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.09) shall first be submitted to • mediation under the Construction Industry Mediation Rules of the American Arbitration Association then obtaining subject to the limitations of Article 16. The mediator of any claim, dispute or other matter submitted to mediation under this Agreement shall not serve as arbitrator of such claim, dispute, or other matter unless otherwise agreed. B. Should the mediation be unsuccessful, such Claim, dispute or other matter 1 (except for claims which have been waived by the making or acceptance of final payment as provided by Paragraph 14.09) shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association subject to the limitations of this Article 16. The mediator of any Claim, dispute or other matter submitted to mediation under this Agreement shall not serve as arbitrator of such claim, dispute, or other matter unless otherwise agreed. C. This Agreement so to mediate or to arbitrate and any other agreement or 1 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. 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 36 JUNE 2010 DURHAM PHASE 5B1 D. No demand for mediation -or arbitration of any appealed- or unsettled Clairn,- ' dispute or other matter that is required to be referred to Engineer initially for decision in accordance with Paragraph 9.08 will be made later than 10 days after the date the executive negotiation has been declared unsuccessful by Owner or ' Contractor; and the failure to demand mediation or arbitration within said 10 days' period will result in Engineer's decision being final and binding upon Owner and Contractor. If Engineer renders a further decision after mediation or ' arbitration proceedings have been initiated, the decision may be entered as evidence but will not supersede the proceedings, except where the decision is acceptable to the parties concerned. Time deadlines specified above apply to both mediation (after the executive negotiation has been declared unsuccessful by Owner or Contractor) and arbitration (after the mediation process has been declared unsuccessful by Owner or Contractor). 1 E. Notice of the demand for mediation or arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to Engineer for information. The demand for mediation or arbitration will be made within the 10 day periods specified in Paragraph 16.02.D as applicable, and in all other cases within a reasonable time after the unsettled Claim, dispute or other matter has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such unsettled Claim, dispute or other matter would be barred by the applicable statute of limitations. F. Except as provided in Paragraphs 16.02.G and H below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity who is not a party to the Contract unless: 1 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 1 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 16.02.F, if an appealed or unsettled Claim, dispute or other matter between Owner and Contractor involves any allegations relating 1 CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 37 DURHAM PHASE 5B1 1 to the design, Owner may join Engineer as a party to the mediation or arbitration between Owner and Contractor hereunder. H. Notwithstanding Paragraph 16.02.F, if an appealed or unsettled Claim, dispute or other matter between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation or arbitration between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by Paragraph 6.06.G of the General Conditions a specific provision whereby the Subcontractor consents to being joined in mediation or arbitration between Owner and Contractor involving the Work of such Subcontractor. Nothing in this Paragraph 16.02.H nor in the provision of such subcontract consenting to joinder shall create any Claim, right or cause of action in favor of Subcontractor and against Owner, Engineer or Engineer's Consultants that does not otherwise exist. I. The results of successful mediation will be implemented by a Change Order. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal. SC- ARTICLE 17 — Add the following paragraphs to ARTICLE 17 — MISCELLANEOUS: 1 17.0724 ttorney Fees A. At the conclusion of the mediation process specified herein, the Contractor will, as a condition of taking any further action with respect to any Claim, be • required to certify that the amount of the Claim is its best good faith estimate of ■ the amount due ( "Certified Claim "). Owner will certify its final offer of settlement ( "Final Offer "). In the event Contractor pursues the Claim, Contractor will be entitled, in addition to whatever recovery it has on the Claim, to be reimbursed its reasonable attorney's fees incurred in the same proportion it was successful based on the difference between its Certified Claim compared to the Owner's Final Offer. Conversely, Owner will be entitled to be reimbursed its reasonable attorney's fees incurred in proportion to the amount that Contractor was unsuccessful based on the difference between its Certified Claim compared to the Owner's Final Offer. For example, if Contractor recovers 40 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 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 38 JUNE 2010 DURHAM PHASE 5B 1 • Claim: The Certified Claim and the Final Offer will be admissible -in any dispute ' resolution proceeding. 17.08 Right To Audit 1 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 ri ght 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. 1 1 1 1 1 1 1 1 CVO/391538A SUPPLEMENTARY CONDITIONS 1 JUNE 2010 00800 - 39 DURHAM PHASE 5B1 o EXHIBIT A 1 CONTRACT CHANGE ORDER NO: To Contractor: Project: Durham Facility Phase 5B1 Pr oject No. 6410 1 Project: tY Project Improvements Owner: CLEAN WATER SERVICES ' Engineer: CH2M HILL, Inc. The following change(s) to the Contract are hereby ordered (use additional pages if required): • Attachments (List Supporting Documents): Changes to Contract Amount and Contract Times: The stipulated compensation (Contract Price or Contract Times, or both) set forth in this Change Order includes payment for (i) the Cost of the Work covered by the Change Order, (ii) Contractor's fee for overhead and profit, (iii) interruption of progress schedules, (iv) delay and impact, including cumulative impact, on other Work under the Contract Documents, and (v) extended overheads. ' This Change Order constitutes full mutual accord and satisfaction for the change to the Work. No reservation of rights to pursue subsequent claims on the Change Order will be made by either party. No subsequent claim or amendment of the Contract Documents will arise out of or as a result of this Change Order. ' In executing this Change Order, Contractor agrees to defend and indemnify Owner and Engineer and their officers, agents, and employees from any and all claims of any kind by any subcontractor or supplier of any tier based upon the subject matter of any claim released hereunder by Contractor. Except as otherwise provided in this Change Order, the Contract, as amended, between Owner and Contractor, remains in full force and effect. 1 1 1 CVO/391538A SUPPLEMENTARY CONDITIONS JUNE 2010 00800 - 1 DURHAM PHASE 5B1 1 Contract Amount Contract Times (Calculate Days) Original Amount: Original Duration: Days 1 Previous Contract Change Previous Contract Change Orders: Orders: Days This Contract Change Order: This Contract Change Order: Days Revised Contract Amount: Revised Contract Time: Days The Revised Date of Substantial Completion is: , 20 The Revised Date of Final Completion is: 1 20 This Change Order is Issued in Accordance with Paragraph SC — 10.01.A of the Supplementary Conditions Owner - Contractor Engineer Recommendation 1 By: By: By: Date: Date: Date: END OF SECTION 1 1 1 1 SUPPLEMENTARY CONDITIONS CVO/391538A 00800 - 2 JUNE 2010 DURHAM PHASE 5B1 1 1 1 OREGON PREVAILING - 1 WAGERATES 1 • 1 THE APPLICABLE OREGON MINIMUM PREVAILING WAGE RATES ARE CONTAINED IN THE PUBLICATION JANUARY 1, 2010, PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS IN OREGON EFFECTIVE JANUARY 1, 2010, AS AMENDED BY THE APRIL 1, 2010 AMENDMENT, (SEE LINKS AT 1 HTTP :// WW.OREGON.GOV /BOLT/ . /PW PWR STATES T . ), AVAILABLE AT HTTP : / /WWW.ORECON.COV /BOLI, AND ARE INCORPORATED HEREIN AS THOUGH FULLY SET FORTH AS OF THE DATE THE BIDDING DOCUMENTS ARE FIRST ADVERTISED. 1 1 • 1 1 1 1 1 A OREGON PREVAILING WAGE RATES P S 1 JUNE 2010 00810 - 1 DURHAM PHASE 5B1 SECTION 011-10 SUMMARY OF WORK PART 1 GENERAL ' 1.01 THE REQUIREMENT 1 A. The Work to be performed under this Contract shall consist of furnishing plant, tools, equipment, materials, supplies, and manufactured articles, and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The Work shall be complete, and all work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be provided by the Contractor as though originally so 1 indicated, at no increase in cost to the Owner. 1.02 WORK COVERED BY CONTRACT 1 A. The Work under this Contract shall consist of, but is not limited to the following: 1. Furnishing all labor, materials, and equipment necessary to expand the Durham headworks including constructing a new building with washer 1 compactor and electrical rooms, installing new washer compactors, replacing the grit cyclones and classifiers, replacing bar screens, a sluice trough for screenings conveyance and constructing associated HVAC, 1 odor control, and plumbing elements. 2. Replacing the NPW pump, flowmeter, and strainer. 3. Demolishing selected roadways, gates, landscaping, signage, and 1 electrical elements in the general area of construction. B. The Work includes furnishing and installing related equipment, storm sewers, 1 conduits, electrical, instrumentation and control, site work, and other appurtenances necessary to complete the Work and to provide a complete and functional headworks facility constructed in accordance with the Contract 1 Documents. C. The Work is located at the Durham Advanced Wastewater Treatment Facility, 1 16850 SW 85th Avenue, Tigard, OR 97224 (Durham AWWTF). 1.03 CONTRACT METHOD 1 A. The Work hereunder will be constructed under a single lump sum contract. - i CVO/391538A SUMMARY OF WORK JUNE 2010 01110 - 1 DURHAM PHASE 5B1 1.04 WORK BY OTHERS A. Where two or more contracts are being performed at one time on the same 1 Site or adjacent land in such manner that work under one contract may interfere with work under another, Owner will determine the sequence and order of the Work in either or both contracts. When the Site of one contract is the necessary or convenient means of access for performance of work under another, Owner may grant privilege of access or other reasonable privilege to Contractor so desiring, to the extent, amount, and in manner and at time that Owner may determine. No Owner determination of method or time or sequence or order of the work or access privilege shall be the basis for a claim for delay or damage except under provisions of the General Conditions for temporary suspensions of the Work. Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to allow continued safe access to their respective portions of the Site, as required to perform work under their respective contracts. B. Additional construction work will be occurring concurrently with the Work of this Contract. Separate and shared staging areas have been set up for this Work as shown in the Drawings. Anticipated activities include Site work and landscaping in areas adjacent to Contractor's operation. C. Interference With Work On Utilities: Contractor shall cooperate fully with all utility forces of Owner or forces of other public or private agencies engaged in relocating, altering, or otherwise rearranging of any facilities which interfere with the progress of the Work, and shall schedule the Work so as to minimize interference with the relocating, altering, or other rearranging of facilities. 1.05 WORK SEQUENCE 1 A. Contractor's attention is directed to the fact that the Work to be performed is 1 at an operating wastewater treatment plant. No interruption of flows can be accommodated. Contract shall schedule its construction so that it will not interfere with headworks operation. The headworks must remain in service at all times. Contractor shall schedule its construction operations and coordinate with Owner's personnel to minimize interference with operating Durham AWWTF. 1.06 CONTRACTOR USE OF SITE A. Contractor's use of the Site shall be limited to its construction operations, 1 including onsite storage of materials, onsite fabrication facilities, and field offices. 1 SUMMARY OF WORK CVO/391538A 01110 - 2 JUNE 2010 1 DURHAM PHASE 5B1 • B. Contractor access - - points, and parking areas have been designated on P e staging p g g 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. Contractor shall instruct all personnel working at Contractor's behest to observe Owner's smoking restrictions. 1 1.07 OWNER USE OF THE SITE A. Owner will utilize the Durham AWWTF during the entire period of 1 construction to conduct Owner's normal operations. Contractor shall cooperate and coordinate with Owner to facilitate Owner's operations and minimize interference with Contractor's operations at the same time. In any event, Owner shall be allowed access to the Site during the period of construction. 1 1.08 PARTIAL UTILIZATION OF THE WORK BY OWNER A. Owner may take partial utilization of portions of the Work upon completion of 1 portions of the new facilities. Partial utilization shall be implemented as described in the General Conditions. 1.09 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 1 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 1 discussed and procedures for handling such matters established. The complete agenda will be furnished to the Contractor prior to the meeting 1 CVO/391538A SUMMARY OF WORK 1 JUNE 2010 01110 - 3 DURHAM PHASE 5B1 date. However, Contractor should be prepared to discuss all of the items listed below. a. Contractor's initial schedules. b. Procedures for and transmittal, review, and distribution of Contractor's submittals (normal and deferred). c. Processing applications for payment. d. Maintaining record documents. e. Special inspection procedures. f. Critical work sequencing. • g. Field decisions and Change Orders. h. Use of Site, office and storage areas, security, housekeeping, and Owner's needs. i. Major equipment deliveries and priorities. J. Contractor's assignments for safety and first aid. k. Daily Report Form which the Engineer will furnish. 1. Submittal Transmittal Form which the Engineer will furnish. m. Temporary utilities. 4. Engineer will preside at the preconstruction conference and will arrange for keeping and distributing the minutes to all persons in attendance. Contractor shall advise Engineer within 5 days of receipt of the minutes if Contractor does not agree with the content of the minutes. 5. Contractor and its subcontractors should plan on the conference taking 4 hours. The conference will cover the items listed in paragraphs 2 and 3, and will include reviewing the Drawings and Specifications, with Engineer and Owner. • B. Progress Meetings: 1 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. 2. Engineer will preside at the progress meetings and will arrange for keeping and distributing the minutes. Contractor shall advise Engineer within 5 days of receipt of minutes if Contractor does not agree with the content of the minutes. The purpose of the meetings is to review the progress of the Work including review of the Contractor's three week look -ahead schedule, review submittal and Request for Information status, review change order status, review coordination with operations, maintain coordination of efforts, address field problems, and resolve other problems which may develop. The three -week look -ahead schedule shall include but not be limited to key upcoming activities such as major equipment deliveries to the Site, key construction activities and SUMMARY OF WORK CVO/391538A 01110 -4 JUNE 2010 DURHAM PHASE 5B1 key testing-activities; The-three-week-look-ahead schedule shall -be a subset of the current approved CPM schedule in the form of a Gantt ' chart. During each meeting, the Contractor shall present any issues that may impact its progress and propose solutions with a view to resolve ' these issues expeditiously. 3. Engineer shall prepare and distribute agenda. Engineer shall review progress of the Work, Progress Schedule, narrative report, Application ' for Payment, record documents, and additional items of current interest that are pertinent to execution of the Work. 4. Engineer shall verify the following: a. Actual start and finish dates of completed activities since last progress meeting. b. Durations and progress of activities not completed. ' c. Reason, time, and cost data for Change Order Work that will be incorporated into Progress Schedule and application for payment. • d. Percentage completion of items on Application for Payment. ' e. Reasons for required revisions to Progress Schedule and their effect on Contract Time and Contract Price. 5. Discuss potential problems that may impede scheduled progress and corrective measures. C. Electrical and Instrumentation and Controls Presubmittal Conferences: Contractor shall attend Electrical and Instrumentation and Controls Presubmittal Conferences as described in Sections 16050, Basic Electrical Materials and Methods, and 13400, Instrumentation and Control for Process Systems. 1.10 PROJECT STATUS REPORTING 1 A. Contractor shall prepare monthly written narrative reports of the status of the Project for submission to the Engineer. The monthly reports shall be submitted to the Engineer within 7 days of the end of each month. Written status reports shall include: ' 1. The status of major Project components (percent complete, amount of time ahead or behind schedule) and an explanation of how the Project will be brought back on schedule if delays have occurred. ; 2. The progress made on critical activities indicated on the CPM Schedule. 3. Explanations for any lack of Work on critical path activities planned to be performed during the last month. ' 4. Explanations for any schedule changes, including changes to the logic or to activity durations. 5. A list of the critical activities scheduled to be performed in the next two ' month period. 6. The status of major material and equipment procurement. 1 CVO/391538A SUMMARY OF WORK 1 JUNE 2010 01110 -5 E 5B 1 PHA DURHAM S 7. The value of materials and equipment properly stored at the Site but not 1 yet incorporated into the Work. 8. Any delays encountered during the reporting period. 9. An assessment of inclement weather delays and impacts to the progress of the Work. B. Contractor may include any other information pertinent to the status of the Project. Contractor shall include additional status information requested by Engineer. 1.11 PRE - INSTALLATION MEETINGS A. General: Contractor shall meet with manufacturers and installers of major units of construction which require coordination between subcontractors. Major units of construction which require pre - installation meetings include: 1 1. Bar screens. 2. Washer compactors. 1 3. Grit cyclones and classifiers. 4. NPW pump. 5. Medium voltage switchgear. 6. Sluice. B. Distribute to each anticipated participant a written notice and agenda for each meeting at least 4 days before the meeting. C. Schedule the meeting at least 21 days in advance of installation. • D. Conduct meetings in Engineer's field office or other mutually agreed upon place. 1 E. Require attendance of Superintendent, appropriate manufacturers and installers of major units of constructions, and affected subcontractors. 1 F. 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. 1.12 POST CONSTRUCTION MEETING A. Contractor shall meet with Owner and Engineer and inspect the Work 11 months after date of Substantial Completion. B. Owner shall arrange the meeting at least 7 days before meeting. 1 SUMMARY OF WORK CVO/391538A 01110 -6 JUNE2010 DURHAM PHASE 5B1 C. Contractor shall- meet -in- Owner's office or other mutually agreed upon .lace. Y g p p 1 D. Contractor shall inspect the Work with Owner and Engineer and draft list of items to be completed or corrected. 1 E. Contractor shall review service and maintenance contracts with Owner and Engineer, and take appropriate corrective action when necessary. 1 F. Contractor shall complete or correct defective work and extend correction period accordingly. ' G. Contractor shall require attendance of Superintendent, appropriate manufacturers and installers of major units of constructions, and affected subcontractors. 1.13 PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS IN OREGON /PUBLIC WORKS BONDS /BOLI FEE 1 A. Contractor and any Subcontractors shall abide by ORS 279C.800 through 279C.870 that relate to the prevailing wage rates for the building and construction trades in the State of Oregon. These prevailing wage rates are incorporated by reference in Section 00810, Oregon Prevailing Wage Rates, which is referenced elsewhere in these Contract Documents. B. Along with any Subcontractors performing Work, Contractor shall pay workers in each trade or occupation required for the Work not less than the applicable Oregon prevailing rate of wage in accordance with ORS 279C.838 and 279C.840. The applicable Oregon prevailing wage rates for such workers are contained in the publication January 1, 2010, Prevailing Wage Rates for ' Public Works in Oregon effective January 1, 2010, as amended by the April 1, 2010 Amendment; (see links to Prevailing Wage Rates for public Works Contracts in Oregon at 1 http : / /www.oregon.gov /BOLT /HEID /PWRipwr state.shtml, available at http : / /www.oregon.gov /BOLT, and are hereby incorporated herein as though fully set forth as of the date the Bidding Documents are first advertised. 1 Contractor shall also include in every subcontract a provision requiring the subcontractor to comply with this provision. ' C. Contractor shall have a public works bond filed with the Construction Contractors Board unless exempt under ORS 279C.836(4), (7), (8) or (9). Contractor shall also include in every subcontract a provision requiring the 1 Subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the Project unless exempt under ORS 279C.836(4), (7), (8) or (9). ' D. Owner will be responsible for paying the fee required by ORS 279C.825 to the Commissioner of the Bureau of Labor and Industries. 1 OF CVO/391538A SUMMAR O WORK 1 JUNE2010 01110 -7 DURHAM PHASE 5B1 1.14 "OR EQUAL" CLAUSE A. In order to establish a basis of quality, certain processes, types of machinery and equipment or kinds of material may be specified on the plans or herein by designating a manufacturer's name and referring to brand or product designation. It is not the intent of these specifications to exclude other processes, equipment or materials of a type and quality equal to those designated. When a manufacturer's name, brand or item designation is given, it shall be understood that the words "or equal" follow such name or designation, whether in fact they do so or not. If Contractor desires to furnish items of equipment by manufacturers other than those specified, Contractor shall secure the approval of Engineer prior to placing a purchase order. B. No extras will be allowed Contractor for any changes required to adopt the substitute equipment. Therefore, Contractor's proposal for an alternate shall include all costs for any modifications to the plans, such as structural and foundation changes, additional piping or changes in piping, electrical changes or any other modifications which may be necessary or required for approval and adoption of the proposed alternate equipment. Approval of alternate equipment by Engineer before or after bidding does not guarantee or imply that the alternate equipment will fit the design without modifications. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION i 1 1 • SUMMARY OF WORK CVO/391538A 01110 -8 JUNE2010 DURHAM PHASE 5B1 1 — SECTION 01140 WORK RESTRICTIONS PART 1 GENERAL ' 1.01 THE REQUIREMENT 1 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 1 A. The Work at the Headworks, which receives flow from the influent pump station and is upstream of the remainder of the treatment plant, will be executed while the Headworks are in operation. Operation of the Headworks shall not be impacted to the extent that capacity is reduced below what is 0 required to process and transmit all wastewater flow. B. The Work shall be executed while the existing wastewater treatment facilities and pump stations are in operation. 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 influent pump station, headworks, and treatment plant will result in serious environmental damage and monetary fines. 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 raw 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 1 the entire quantity of wastewater received to the water quality limits specified in the discharge permit. ' C. 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 1 disruption to the ongoing treatment plant processes and to ensure compliance with NPDES Permit requirements and prevent all overflows within the collection system. It shall be understood and agreed by the Contractor that the 1 critical events described are not all inclusive and that additional items of work not included may be required to minimize disruption and ensure compliance. Deviation from or modification of these suggested sequences is permitted if CVO/391538A WORK RESTRICTIONS 1 JUNE 2010 01140 - 1 DURHAM PHASE 5B1 techniques and methods known to the Contractor will result in reducing q g disruption to the facility operation and maintaining treatment efficiency, avoiding violation of scheduling constraints, and if deviation is approved in advance by the Engineer. 1.03 OPERATION OF PLANT EQUIPMENT A. Operational functions or shutdown of the existing influent pump station and treatment plant required to facilitate Contractor's operation will be done by the 1 Owner's personnel only. B. The plant operation and maintenance personnel will cooperate as is practical 1 in order to facilitate Contractor's operation. 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 1 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 1 entitled to additional compensation due to the impacts of rescheduling. The Contractor shall then reschedule its operations so there shall be no conflict with necessary operations or maintenance of the plant. The Contractor shall, within 2 working days, furnish the Engineer a revised Deactivation Request and a plan for rescheduling the shutdown in accordance with the requirements of the construction schedule. 1.04 BYPASSING 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 1 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 Engineer. 1.05 DEACTIVATION REQUESTS A. The Contractor shall not remove from service, de- energize, or modify settings for any existing pump station, pipeline, valve, channel, equipment, structure, road, or any other facility without permission from the Engineer. B. Modifications to existing facilities, the construction of new facilities, and the connection of new to existing facilities may require the temporary outage or WORK RESTRICTIONS CVO/391538A 01140 2 JUNE 2010 ' DURHAM PHASE 5B1 bypass of existing treatment-processes-or - facilities. In such cases the g ' Contractor shall coordinate Work with the Engineer as described below. The Contractor shall submit a detailed Deactivation Plan and time schedule for all construction activities which will make it necessary to remove a pump station, pipeline, channel, electrical circuit, equipment, structure, road, or other 1 facilities from service. ' C. The Deactivation Plans shall be submitted to the Engineer for acceptance a minimum of 2 weeks in advance of the time that such deactivations are required. The Deactivation Plans shall be coordinated with the construction ' schedule and shall meet the restrictions and conditions of this Section. 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 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 1 specific written approval has been granted by the Engineer in each case. E. The Engineer will coordinate the Contractor's planned procedure with Owner 1 personnel. The Engineer has the authority to modify any proposed shutdown procedures if such procedures would adversely impact the plant operations. ' F. The Engineer shall be notified in writing at least one week in advance of the required deactivation if the schedule for performing the Work has changed or if revisions to the Deactivation Plan are required. The Contractor shall provide written confirmation of the deactivation date and time two working days prior to the actual deactivation. 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. ' 1.06 TEMPORARY CONNECTIONS 1 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 1 necessary to complete modifications and/or connections in the minimum time. CVO/391538A WORK RESTRICTIONS JUNE2010 01140 -3 DURHAM PHASE 5B1 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 1 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 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 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. 1.07 PERMITS AND EASEMENTS A. The Contractor shall keep fully informed of all local ordinances, as well as 1 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. All permits, licenses, and inspection fees necessary for prosecution and completion of the Work shall be secured and paid for by the Contractor, unless otherwise specified. B. The Contractor shall abide by the conditions of all permits and shall obtain 1 proof of satisfaction of conditions from issuers of permits prior to acceptance of the Work by the Owner. C. The Contractor shall comply with all conditions attached to applicable local, state and federal. permits. WORK RESTRICTIONS CVO/391538A 01140 - 4 JUNE 2010 t DURHAM PHASE 5B 1 O D. The Contractor shall- comply with all conditions as set - forth -by the- Oregon I Environmental Quality NPDES 1200 C Erosion Control Permit. Refer to Section 01570, Erosion and Sediment Control. I E. The Contractor is responsible for installation, maintenance, and discharge of all water from dewatering operations in accordance with all regulatory requirements. F. The Owner has applied and paid for the following permits with the City of Tigard building department. The Contractor is responsible for uplifting the I permits from City of Tigard 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 from City of Tigard prior to acceptance I 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 I were fully set forth herein. 1. Building Permit. 1 2. Mechanical Permit. 3. Electrical Permit. 4. Grading and Erosion Permits. 0 5. Public Infrastructure Permit. G. Permits and Easements Obtained After Bid Submittal: If, after the Bid I 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 I Contract, the Contractor shall submit information sufficient for the Engineer to determine the extent of the effects on the cost and/or schedule. If the Engineer agrees the cost and/or schedule will be affected by such changes, I such effects will be handled in accordance with the General Conditions. The Engineer will provide the Contractor with a copy of any such permits or easements. Comply with all applicable terms and conditions contained in such I permits or easements. H. Posting Permits and Easements: Post permits and easements, as required, at I the site of the Work. 1.08 SCHEDULE CONSTRAINTS 1 A. General: It is the Contractor's responsibility to coordinate and plan the construction activities to integrate each schedule constraint into performance I of the overall Work. B. The listing of schedule constraints in this Section; Section 01410, Regulatory I Requirements and elsewhere in the contract documents does not mean that all CVO/391538A WORK RESTRICTIONS 1 JUNE 2010 01140 - 5 DURHAM PHASE 5B1 constraints or special conditions have been identified. The list does not substitute for the Contractor's coordination and planning for completion of the Work within the Contract Times. C. The following presents a general description 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 or schedules of work for this project. The Contractor shall prepare a detailed schedule for all sequenced work that must be reviewed by the Owner and Engineer before work can proceed. All temporary and permanent work performed to comply with sequencing requirements shall be a part of the lump sum bid. The work shall proceed in the following sequence and by the dates indicated: 1. Contractor shall review the time requirements for start-up and testing in Section 13400, Instrumentation and Control for Process Systems, and enter these requirements into the construction schedule. 2. Contractor shall schedule a pre - submittal conference, as identified in Section 16050, Basic Electrical Materials and Methods, and Section 13400, Instrumentation and Control for Process Systems, prior to any electrical, instrumentation, or control submittals being received for review. D. 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 1 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. 3. In addition to the plan, the following work requires constraints regarding collection, operations and plant flow manipulation, duration, and time of year: a. Excavation, entry road demolition, and new road construction must be complete before November 30, 2010 to minimize erosion issues. b. Septage receiving must be allowed to resume on December 1, 2010. Contractor must accommodate normal septage traffic expected to be 20 trucks per day between 5:00 a.m. and 5:00 p.m., weekdays only. c. Replacement of bar screens must be staged two screens at a time during periods of low flow summer months (May 15 to September 15). WORK RESTRICTIONS CVO/391538A 01140 -6 JUNE 2010 1 DURHAM PHASE 5B1 d.- - - One -u .well -and associated gates, bar screens, channels and grit P g , g ' removal equipment must remain in operation at all times during periods of low flow summer months. e. Replacement of grit cyclone and classifier must be staged one unit ' at a time during periods of low flow summer months (May 15 to September 15). f. Replacement of the belt conveyor must be performed during periods of low flow summer months (May 15 to September 15). ' g. Contractor is responsible for interrupted conveyance of screenings and grit to the hopper throughout construction period. Maintain safe working conditions for plant operations and maintenance staff at all times. h. NPW pump replacement must be performed during periods of low NPW usage (November 1 to May 1). i. Bar screen, grit equipment replacement, replacement of belt conveyor with sluice and installation of washer compactor shall be ' coordinated with Owner - scheduled wet well cleaning. Wet well cleaning will be performed approximately two times per week. j. Electrical duct banks must remain in continuous service. k. Control systems must remain in continuous service. 1. Foul air shut down for existing upgrades and modifications shall occur between December 1, 2010 and March 1, 2011. The duration shall not exceed 1 week. Subsequent outages for connections shall be for durations of less than 8 hours. m. Low pressure air system shall be down for no longer than 8 hours. n. NPW system shall be down for no longer than 2 hours. Multiple shutdowns are allowed. o. Potable water service to the Headworks building shall be down for no longer than 2 hours. p. Supply air system shutdown is not allowed. Contractor shall provide alternate or temporary ventilation as necessary to ' maintain Class 1, Div 2 Environment. q. Doors to the existing and new headworks buildings shall remain closed so that the odor level at the property line does not increase above the preconstruction level. r. Natural gas service to the Headworks shall be shut down for no longer than 8 hours. 1 s. No screenings may be conveyed to the compactor room until HVAC and gas detection system is fully operational. 4. Design and provide 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. 5. 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. CVO/391538A WORK RESTRICTIONS 1 JUNE2010 01140 -7 DURHAM PHASE 5B1 nn working around facilities 6. The Work will include connection to g containing sewage, sludge, and hydrogen, sulfide 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. 7. 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. 1.09 CONSTRUCTION SEQUENCING A. 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 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. 1 B. 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, 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 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. WORK RESTRICTIONS CVO/391538A 01140 - 8 JUNE 2010 DURHAM PHASE 5B1 i C. - Suggested - Sequencing -of- Major - Activities: This Section provides a suggested ' sequence for major construction activities that conforms to the constraints and required sequencing specified. The Contractor may utilize all or part of this suggested sequence or submit for review other sequencing that meets the ' required constraints and, in the opinion of the Engineer, provides an equivalent level of reliability, flexibility, and operating characteristics with respect to plant operations and meeting plant discharge permit requirements. The Contract Times, Contract Milestones, and liquidated damages are based, t in part, on the suggested sequencing described herein. The Owner reserves the right to modify the Contract Times, Contract Milestones, and liquidated ' damages based on Contractor - initiated changes to the suggested sequencing at no additional cost to the Owner. 1. Civil Site Work and Excavation: Construct new entry road and relocate gates. 2. Construct new building. ' 3. Install medium voltage switchgear and transformers. 4. Replace NPW pump, strainer and flowmeter. 5. Install equipment in Electrical Room 313. ' 6. Install equipment and walkways in Compactor Room 312. a. Install hot water system. b. Install washer compactors and flow distribution box. c. Construct sluice between east building wall and washer /compactor flow distribution structure. d. Construct concrete and grating walkways in new building. e. Complete construction of HVAC and gas detection system. 7. Replace Grit Equipment: One grit classifier with associated cyclones must remain in operation at all times. ' 8. Replace bar screens, influent upwells and gates and sluice. One upwell must remain operational at all times. 9. Install site lighting and fmal grading. D. The Contractor shall use the Interim Milestones for substantial and final completion as defined below and in the Contract Documents in developing its construction plan and baseline CPM schedule. These Interim Milestones are not all- inclusive; the Contractor shall develop and include additional construction sequencing measures as necessary to maintain operation of 1 existing facilities and to complete the Work within the Contract time. 1. Substantial Completion: Substantial Completion shall be the point in ' time when the Headworks is in working condition and conveying and screening wastewater, processing grit, washing and compacting screenings, and NPW pump is operating, with only minor items ' remaining to be completed. Working condition shall include control system checked and functioning properly, equipment operational, mechanical systems installed and tested, site grading and paving CVO/391538A WORK RESTRICTIONS 1 JUNE 2010 01140 - 9 DURHAM PHASE 5B 1 _ 1 complete, and operational and mechanical, electrical, and control system checks have been completed and witnessed by District staff. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 1 1 1 • • • WORK RESTRICTIONS CVO/391538A 01140 - 10 JUNE 2010 1 DURHAM PHASE 5B1 - SECTION 01292 - ' SCHEDULE OF VALUES PART 1 GENERAL ' 1.01 GENERAL ' A. This Section defines the process whereby the Schedule of Values (lump sum price breakdown) shall be developed. Monthly progress payment amounts shall be determined, in part, from the monthly progress updates of the CPM 1 Schedule activities. 1.02 PRELIMINARY SCHEDULE OF VALUES 1 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. 1 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 1 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. 13. The total value of closeout Work. CVO/391538A SCHEDULE OF VALUES 1 JUNE 2010 01292 - 1 DURHAM PHASE 5B1 The total value of all other Work not specifically 14. p y 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 1 Engineer within 30 days from the date of Notice to Proceed. The detailed Schedule of Values shall be based on the accepted preliminary Schedule of Values for major Work components and shall be broken down by major structure or facility. The Engineer shall be the sole judge of acceptable numbers, details and description of values established. If, in the opinion of the Engineer, a greater number of Schedule of Value items than proposed by the • Contractor is necessary, the Contractor shall add the additional items so identified by the Engineer. 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 specification for each major project element. 1. Mobilization and Demobilization: Total price for mobilization shall not 1 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. SCHEDULE OF VALUES CVO/391538A 01292 - 2 JUNE 2010 1 DURHAM PHASE 5B 1 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. 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 for 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. 1 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 1.04 ESTIMATED PROGRESS PAYMENTS U A. Within 15 days after Engineer's acceptance of the Detailed Schedule of Values and the Original CPM Construction Schedule as per Section 01324, Construction Schedule, Article CPM Schedule Submittals, Paragraph Revisions to the Original CPM Schedule, the Contractor shall provide the Engineer with an estimate of anticipated Progress Payments, by month, throughout the Project's construction duration. 1 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 CVO/391538A SCHEDULE OF VALUES 1 JUNE 2010 01292 - 3 DURHAM PHASE 5B1 ■ 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) 1 END OF SECTION 1 ■ 1 • ■ 1 1 1 ■ SCHEDULE OF VALUES CVO/391538A 01292 - 4 JUNE 2010 DURHAM PHASE 5B1 1 - - - — - SECTION 01324 CONSTRUCTION SCHEDULE PART 1 GENERAL ' 1.01 GENERAL ' 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. The CPM schedule and all reports should be prepared with the current version of Primavera Project Planner (P3) software. Where submittals are required hereunder, the Contractor shall submit four copies of each submittal item. 1 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). 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 major i such ti s, 1 (2) of completion components of all structural nto concrete , (3) as ma (1) jor ite mechanical work, (4) equipment procurement, (5) equipment installation, (6) major electrical work, (7) instrumentation and control work, (8) time 1 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 CVO/391538A CONSTRUCTION SCHEDULE 1 JUNE 2010 01324 - 1 E 5B1 DURHAM PHAS 5 start dat es shall be indicated for each work item subdivision. Each major component and subdivision component shall be accurately plotted on time scale sheets not to exceed 36 inches by60 inches in size. Not more than four sheets shall be employed to represent this overview information. The Engineer and the Contractor shall meet to review and discuss the 60 -da B. he Eng nee d t y plan of operation and project overview bar 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 1 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 1 the Engineer a hard copy of the CPM Schedule and the Computerized Schedule Report tabulations. The Contractor shall also submit a CD that contains all of the schedule submittal information. The CD shall contain data compatible with Primavera P3 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 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. 111 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 1 CONSTRUCTION SCHEDULE CVO/391538A 01324 - 2 JUNE 2010 ' DURHAM PHASE 5B1 1 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. 1 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. 1 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. 1 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 1 CVO/391538A CONSTRUCTION SCHEDULE 1 JUNE 2010 01324 - 3 DURHAM PHASE 5B1 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 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 1 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 1 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 1 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. 1 CONSTRUCTION SCHEDULE CVO/391538A 01324 - 4 JUNE 2010 1 DURHAM PHASE 5B1 L - Three -Week - Look- Ahead - Schedule Submittals: Each week, the Contractor 1 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 1.04 CHANGE ORDERS AND WORK CHANGE DIRECTIVES A. Upon approval of a Change Order, or upon receipt by the Contractor of a 1 signed Work Change Directive or other authorization to proceed with additional work, the change shall be reflected in the next submittal of the 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 1 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 1 below for status reporting. C. Networks: The CPM network shall be in a form of a time scaled "i-j" activity- 1 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 36 inches by 60 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 some other graphical means. 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 CVO/391538A CONSTRUCTION SCHEDULE 1 JUNE 2010 01324 - 5 DURHAM PHASE 5B1 a ' nonlabor activities, such as curio of concrete or delivery of materials, activity o � g rY � ty duration shall not exceed 10 working days nor be less than one working day 1 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 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 Parry 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 No. 3. Estimated activity duration. 4. Activity description. 5. Activity's percent completion. 6. Early start date (calendar dated). 7. Early finish date (calendar dated). 8. Late start date (calendar dated). 9. Late finish date (calendar dated). 10. Status (whether critical). 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. CONSTRUCTION SCHEDULE CVO/391538A 01324 - 6 JUNE 2010 DURHAM PHASE 5B1 1 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. 1 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 1 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. 1 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. 1 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 1 identified as project float unless a Change Order is issued pursuant to Article 1.05H. 1 F. Identify system shutdown dates, system tie -in dates, specified interim completion or milestone dates and contract completion date as milestones. 1 1 CVO/391538A CONSTRUCTION SCHEDULE JUNE 2010 01324 - 7 DURHAM PHASE 5B 1 G. Include, in Addition to Construction Activities: 1. Submission dates and review periods for major equipment submittals, 1 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. 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, Omitting Items Not Applicable to the Work: 1. Mobilization. 1 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. 1 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. 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. 1 CONSTRUCTION SCHEDULE CVO/391538A 01324 - 8 JUNE 2010 DURHAM PHASE 5B1 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. 27. Piping, fittings and appurtenances, including identification of ordering and fabrication lead time, layout, installation and testing. I 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. 1 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. 1 C. After Baseline Schedule has been submitted and accepted by Owner, Contractor shall print out and submit list of all Shop Drawings and sample 1 CVO/391538A CONSTRUCTION SCHEDULE JUNE 2010 01324 - 9 DURHAM PHASE 5B1 submittals for all Work using early start dates. This listing will co ntain 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) 1 PART 3 EXECUTION (NOT USED) END OF SECTION 1 .1 1 1 • ■ CONSTRUCTION SCHEDULE CVO/391538A 01324 - 10 JUNE 2010 DURHAM PHASE 5B1 - - - - SECTION 01329 SAFETY PLAN PART 1 GENERAL ' 1.01 SUMMARY 1 A. Section Includes: Development and maintenance of a Construction Safety Plan. 1 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 1 A. Detail the methods and procedures to comply with state, federal, and local health and safety laws, rules and requirements for the duration of the Contract Times. These requirements include, but are not limited to, Oregon Revised Statutes, Oregon Administrative Rules, Oregon Occupational Safety and Health Regulations (OSHA), Depattalent of Labor and Industries, Oregon ' Department of Transportation, and other applicable federal, state, and local regulations. Include the following: ' 1. Identification of the Certified or Licensed Safety Consultant who will prepare, initiate, maintain and supervise safety programs, and procedures. ' 2. Procedures for providing workers with an awareness of safety and health hazards expected to be encountered in the course of construction. 3. Safety equipment appropriate to the safety and health hazards expected ' to be encountered during construction. Include warning devices, barricades, safety equipment in public right -of -way and protected areas, and safety equipment used in multi -level structures. ' 4. Methods for minimizing employees' exposure to safety and health hazards expected during construction. 5. Procedures for reporting safety or health hazards. CVO/391538A SAFETY PLAN JUNE 2010 01329 - 1 PHA 5B1 1 DURHAM SE 6. Procedures to follow to correct a recognized safety and health hazard. 7. Procedures for investigation of accidents, injuries, illnesses and unusual events that have occurred at the construction site. 8. Periodic and scheduled inspections of general work areas and specific work stations. 9. Training for employees and workers at the jobsite. 10. Methods of communication of safe working conditions, work practices and required personal protection equipment. B. Assume responsibility for every aspect of health and safety on the jobsite, including the health and safety of Subcontractors, suppliers, and other persons on the jobsite. 1. Forward available information and reports to the Safety Consultant who shall make the necessary recommendations concerning worker health and safety at the jobsite. 2. Employ additional health and safety measures specified by the Safety Consultant, as necessary, for workers in accordance with OSHA guidelines. C. Transmit to Owner and Engineer copies of reports and other documents 1 related to accidents or injuries encountered during construction. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 1 1 1 1 1 1 1 SAFETY PLAN CVO/391538A 01329 -2 JUNE2010 DURHAM PHASE 5B1 - SECTION 01330 SUBMITTAL PROCEDURES PART 1 GENERAL ' 1.0 GENERAL _ 1 A. Wherever submittals are required in the Contract Documents, submit them to the Engineer. B. All submittals shall include both electronic copies and a minimum of two hard copies unless additional copies are specified. Provide four hardcopies for all Divisions 11, 13, and 16 submittals. Electronic copies shall be in Word, Excel, or PDF format unless otherwise specified. Electronic copies shall be submitted through a collaboration Internet web site (EADOC). The Owner will provide access rights for the collaboration web site to Contractor 1 personnel as necessary. The Contractor will be required to utilize the collaboration web -site, including providing and utilizing necessary computers, internet services, phone services, and other office, scheduling, and 1 communication software programs. In the event of discrepancy between the electronic version and paper the paper documents will govern. C. Definitions: 1. Action Submittal: Written and graphic information submitted by the 1 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. 1 3. Deferred Submittal: Information required for the review of Contractor - designed systems (see the IBC). 1 1.02 PRECONSTRUCTION CONFERENCE SUBMITTALS A. At the preconstruction conference of Section 01110, Summary of Work, the 1 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. CVO/391538A SUBMITTAL PROCEDURES 1 JUNE2010 01330 - 1 DURHAM PHASE 5B1 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 Bar Chart in accordance with Section 01324, Construction Schedule. 7. Not used. 8. Not used. 9. Contractor's Health and Safety Plan in accordance with SC 6.13. 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, four copies plus one reproducible copy or electronic file, of each Shop Drawing submittal. 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 that one item, clearly mark which item is the subject of the submittal. Shop Drawings shall bear the signature and seal of an engineer registered in the appropriate engineering branch and in the of Oregon, unless otherwise indicated. Whenever the Contractor is required 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, unless otherwise indicated. ■ B. Shop Drawing submittals 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. C. 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, 1 SUBMITTAL PROCEDURES CVO/391538A 01330 - 2 JUNE 2010 1 1 ' DURHAM PHASE 5B1 Drawing number, detail number, schedule title, room number, or ' building name, as applicable. 3. Unless indicated otherwise, terminology and equipment names and numbers used in submittals shall match those used in the Contract ' Documents. D. Format: 1 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. 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., 25). If submittal "25" requires a resubmittal, the first resubmittal will bear the designation "25.A" and the second resubmittal will bear the designation "25.B" 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 "25 "), it shall be assigned the number "25.1 ". If submittal "25.1" requires a resubmittal, the first resubmittal will bear the designation ' "25.1.A" and the second resubmittal will bear the designation "25.1.B" and so on. E. Disorganized and incomplete submittals that do not meet the requirements of the Contract Documents will be returned without review. 1 F. Except as may otherwise be indicated, the Engineer will return prints of each submittal to the Contractor with comments noted thereon, within 21 days following receipt by the Engineer. It is considered reasonable that the ' Contractor will make a complete and acceptable submittal to the Engineer by the first resubmittal on an item. The Owner reserves the right to withhold monies due to the Contractor to cover additional costs of the Engineer's ' review beyond the first resubmittal. The Engineer's maximum review period for each submittal or resubmittal will be 21 days. • G. If a submittal is returned to the Contractor marked "NO EXCEPTIONS TAKEN," formal revision and resubmission will not be required. 1 CVO/391538A SUBMITTAL PROCEDURES 1 JUNE 2010 01330 - 3 DURHAM PHASE 5B1 H. 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. L If a submittal is returned marked "AMEND- RESUBMIT," the Contractor 1 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. J. 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 General Conditions and Section 01600, Product Requirements. In the first two cases, the Contractor shall prepare a new submittal and shall submit the required number of copies to the Engineer for review. In the latter case, the Contractor shall submit the substitution request according to the General Conditions and Section 01600, Product Requirements. K. 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. L. 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. M. 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. i SUBMITTAL PROCEDURES CVO/391538A 01330 -4 JUNE 2010 1 • DURHAM PHASE 5B1 N. Corrections or comments made on the Contractor's Shop Drawings during g g ' review do not relieve the Contractor from compliance with Contract Drawings and Specifications. 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 processes and techniques, coordinating Work with the trades, and satisfactory and safe performance of the Work. 1 1.04 SAMPLES A. The Contractor shall submit the number of samples indicated by the 1 Specifications. If the number is not indicated, submit not less than three samples. Where the amount of each sample is not indicated, submit such 1 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, 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 CVO/391538A SUBMITTAL PROCEDURES JUNE 2010 01330 -5 E 5B 1 PHA DURHAM S equipment in an organized manner as specified in Section 01782, Operation and Maintenance Data, and in the Technical Specifications 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. B. 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. Subsequent drafts shall be provided by the Contractor within 30 days from the date of Contractor's receipt of review comments from the Engineer. The approved Operation and Maintenance Manual must be available prior to any startup, . system testing, or operator training. The Contractor's attention is drawn to Section 01770, Closeout Procedures, where the submission of the Operation and Maintenance Manual is related to progress payments. 1.06 RECORD DOCUMENTS 1 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 at the time of award, including buried or concealed construction and utility features that are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of buried utilities that differ from the locations indicated, or that were not indicated on the Contract Drawings. Said record 1 drawings shall be supplemented by any detailed sketches as necessary or as Contractor is directed, to fully indicate the Work as actually constructed. 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. 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. 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. 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, 1 SUBMITTAL PROCEDURES CVO/391538A 01330 -6 JUNE2010 DURHAM PHASE 5B1 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," "gale. 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. B. 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. 1 C. 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 1 Payment, either partial or final. D. 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. 1 E. Disorganized or incomplete record documents will not be accepted. The Contractor shall revise them and resubmit within 10 days. CVO/391538A SUBMITTAL PROCEDURES 1 JUNE 2010 01330 -7 • DURHAM PHASE 5B 1 nt as -built markups of record documents shall be accessible F. Current p e s access b e 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. G. The request for final payment will not be accepted until the record documents have been completed and delivered to the Engineer. H. 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 UALITY CONTROL (QC) Q �Q ) SUBMITTALS A. Quality control submittals are defined as those required by the Specifications 1 to present documentary evidence to the Engineer that the Contractor has satisfied certain 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. 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 1 review it for compliance with submittal requirements, but the review procedures above for Shop Drawings and samples will not apply. 1 SUBMITTAL PROCEDURES CVO/391538A 01330 -8 JUNE2010 DURHAM PHASE 5B1 1.08. INFORMATIONAL SUBMITTALS 1 A. Informational submittals formalize the flow of information between the Contractor and the Engineer. Forms will be employed for such purpose. Paper or electronic copies of blank forms may be obtained from the Engineer. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 CVO/391538A SUBMITTAL PROCEDURES JUNE 2010 01330 - 9 DURHAM PHASE 5B1 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. PI C. Assume responsibility for repair of facilities damaged by performance of the Work. t 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. 1 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 1 CVO/391538A SPECIAL PROCEDURES JUNE 2010 01350 - 1 DURHAM PHASE 5B 1 • SECTION 01352 ALTERATION PROJECT PROCEDURES PART 1 GENERAL 1 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: PI 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. I 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 1 specific permission has been granted in writing by Owner in each case. 2. Engineer and Owners Construction Coordinator will coordinate the planned procedure with Owners operations and maintenance staff. 3. Complete as quickly as possible and with as little delay as possible, connections to existing equipment and utilities, and other operations that interfere with the operation of existing facility. CVO/391538A ALTERATION PROJECT JUNE 2010 PROCEDURES 01352 - 1 DURHAM PHASE 5B1 D. Operational functions of the facility that are required to be performed to facilitate the Work will be performed by facility personnel only. E. District staff will cooperate in every way practicable to assist in expediting the Work. F. When necessary proper er for the operation or maintenance of portions of the p P facility, reschedule Work operations so that the Work will not conflict with necessary operations or maintenance of the facility. 1 1.05 ALTERATIONS, CUTTING, AND PROTECTION A. Assign relocation, removal, cutting, and patching to trades qualified to 1 perform in manner which causes least damage and provide means of returning surfaces to appearance of new_construction. 1 B. Provide weather protection, waterproofing, heat and humidity control as needed to prevent damage to remaining existing and new construction. 1 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 MATERIALS 10 A. No materials to be salvaged as part of this project. ■ 1.07 PREPARATION 1 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. 1 ALTERATION PROJECT CVO/391538A 1 PROCEDURES JUNE 2010 01352 - 2 1 DURHAM PHASE SE SB 1 C. Cut and remove minimum amount of existin g construction in manner which ' avoids damage to adjacent work. 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 1 A. When new construction abuts or finishes flush with existing construction, make smooth transitions and match architecture of existing construction. 1 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 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 atched portion of painted or coated surfaces in manner which p p ' 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 CVO/391538A ALTERATION PROJECT JUNE 2010 PROCEDURES 1 01352 - 3 DURHAM PHASE 5B1 ■ 1.10 CLEANING A. Perform periodic and final cleaning as specified in Sections 01500, Temporary Facilities and Controls, and 01770, Closeout Procedures. B. Clean Owner - occupied areas daily. 1 C. Clean spillage, overspray and heavy collection of dust in Owner - occupied areas immediately. 1 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. 1 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION ■ ■ ■ ■ ■ ■ ■ ■ ALTERATION PROJECT CVO/391538A ■ PROCEDURES JUNE 2010 01352 -4 DURHAM PHASE 5B1 1 SECTION 01410 REGULATORY REQUIREMENTS PART 1 GENERAL ' 1.01 GENERAL 1 A. Titles of Sections and Paragraphs: Titles and subtitles accompanying specification sections and paragraphs are for convenience and reference only, and do not form a part of the Specifications. ' B. Applicable Publications: Whenever in these Specifications references are made to published specifications, codes, standards, or other requirements, it 1 shall be understood that wherever no date is specified, only the latest specifications, standards, or requirements of the respective issuing agencies which have been published as of the date that the Contract is advertised for 1 bids shall apply; except to the extent that said standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. No requirements set forth in the Specifications or shown on the Drawings will be 1 waived because of any provision of, or omission from, said standards or requirements. 01 C. Specialists, Assignments: In certain instances, specification text requires (or implies) that specific work is to be assigned to specialists or expert entities, who must be engaged for the performance of that work. Such assignments shall be recognized as special requirements over which the Contractor has no choice or option. These requirements shall not be interpreted so as to conflict with the enforcement of building codes and similar regulations governing the Work; also they are not intended to interfere with local union jurisdiction settlements and similar conventions. Such assignments are intended to establish which party or entity involved in a specific unit of work is r recognized as "expert" for the indicated construction processes or operations. Nevertheless, the final responsibility for fulfillment of the entire set of contract requirements remains with the Contractor. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS 1 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 by the City of Tigard shall apply to the Work herein, including all addenda, modifications, amendments, or other lawful changes thereto. CVO /391538A REGULATORY REQUIREMENTS 1 JUNE2010 01410 - 1 DURHAM PHASE 5B1 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 11 shall mean Title 29, Part 1926, Construction Safety and Health Regulations, Code of 1 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. 1.03 REGULATIONS RELATED TO HAZARDOUS MATERIALS A. The Contractor shall be responsible that all Work included in the Contract 1 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) 1 END OF SECTION 1 1 1 1 1 REGULATORY REQUIREMENTS CVO/391538A 01410 -2 JUNE2010 I DURHAM PHASE 5B 1 1 SECTION 01424 I ABBREVIATIONS I PART 1 GENERAL 1.01 SUMMARY 1 A. Section Includes: Abbreviations and meanings. 1.02 INTERPRETATIONS 1 A. Interpret abbreviations by context in which abbreviations are used. I 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 I 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 1.03 ABBREVIATIONS A. Abbreviations used to identify Reference Standards: AA Aluminum Association I AAMA AAN Architectural Aluminum Manufacturers Association American Association of Nurserymen AASHTO American Association of State Highway and Transportation I Officials ABC Associated Air Balance Council ABPA Acoustical and Board Products Association I ACI American Concrete Institute ACIL American Council of Independent Laboratories ADC Air Diffusion Council I ABMA American Bearing Manufacturers' Association (formerly AFBMA, Anti- Friction Bearing Manufacturers' Association) I AFBMA Bearing Manufacturer's Association, Inc. AFPA American Forest Products Association AGA American Gas Association I AGC Associated General Contractors AGMA American Gear Manufacturers' Association AHA American Hardboard Association I AHAM Association of Home Appliance Manufacturers Al Asphalt Institute AIA American Institute of Architects 1 CVO /391538A ABBREVIATIONS I JUNE 2010 01424 - 1 DURHAM PHASE 5B1 I AIMA Acoustical and Insulating Materials Association r AISC American Institute of Steel Construction I AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Conditioning Association I ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute I APWA American Public Works Association ARI Air Conditioning and Refrigeration Institute ASAHC American Society of Architectural Hardware Consultants I ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers I 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 I AWS American Welding Society AWSC American Welding Society Code AWWA American Water Works Association II I BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America IN BSI Building Stone Institute CLFMI Chain Link Fence Manufacturers Institute I CPSC U.S. Consumer Product Safety Commission CRA California Redwood Association CRI Carpet and Rug Institute I CRSI Concrete Reinforcing Steel Institute CS Commercial Standards CSI Construction Specifications Institute 1 CTI Ceramic Tile Institute DHI Door and Hardware Institute 1 EIFS Exterior Insulation and Finish System EJCDC Engineers Joint Contract Documents Committee I FGMA Flat Glass Marketing Association FIA Factory Insurance Association FM Factory Mutual FS Federal Specifications ABBREVIATIONS CVO/391538A 01424 - 2 JUNE 2010 I DURHAM PHASE 5B1 1 FTI Facing Tile Institute GA Gypsum Association I IAPMO International Association of Plumbing and Mechanical Officials IBC International Building Code I ICBO International Conference of Building Officials ICC International Code Council IEEE Institute of Electrical and Electronics Engineers 1 MAG Maricopa Association of Governments MIA Marble Institute of America I • ML /SFA MS Metal Lath/Steel Framing Association Military Specifications I NAAMM National Association of Architectural Metal Manufacturers NAPA National Asphalt Pavement Association NBHA National Builders Hardware Association I NCMA NEC National Concrete Masonry Association National Electrical Code NECA National Electrical Contractors Association 01 NETA International Electrical Testing Association NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association I NFPA National Forest Products Association NIST National Institute of Standards and Technology NMWIA National Mineral Wood Insulation Association I NPCA National Paint and Coatings Association NRCA National Roofing Contractors Association NTMA National Terrazzo and Mosaic Association 1 NWMA National Woodwork Manufacturer's Association PCA Portland Cement Association 1 PCI Prestressed Concrete Institute PDCA Paint and Decorating Contractors of America PDI Plumbing and Drainage Institute 1 PEI Porcelain Enamel Institute PS Product Standard 1 RTI Resilient Tile Institute SAE Society of Automotive Engineers I SCPA Structural Clay Products Association SDI Steel Door Institute SIGMA Sealed Insulating Glass Manufacturers Association I CVO /391538A ABBREVIATIONS I JUNE 2010 01424 - 3 DURHAM PHASE 5B1 I SJI Steel Joist Institute I SMACNA Sheet Metal and Air Conditioning Contractors National I Association SSPC Society for Protective Coatings -Steel Structures Painting Council 1 TCA Tile Council of America UBC Uniform Building Code (ICBO) 1 UL Underwriters Laboratories, Inc. UNS Unified Numbering System I 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 I WSCPA Western States Clay Products Association WWPA Western Wood Products Association B. Abbreviations used in Specifications: 1 4 a year or years (metric unit) ■ A ampere or amperes , am ante meridian (before noon) ac alternating current I ac -ft acre -foot or acre -feet atm atmosphere AWG American Wire Gauge 1 bbl barrel or barrels bd board I 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 I C degrees Celsius cal calorie or calories cap capita cd candela or candelas 1 ABBREVIATIONS CVO/391538A 01424 - 4 JUNE 2010 I I DURHAM PHASE 5B1 I cfm cubic feet per minute I Ci cm curie or curies centimeter or centimeters cmu concrete masonry unit I CO Co. carbon monoxide Company CO carbon dioxide I COD chemical oxygen demand Corp. Corporation counts /min counts per minute I cu cubic cu cm cubic centimeter or centimeters cu ft cubic foot or feet I cu ft/day cu ft/hr cubic feet per day cubic feet per hour cu ft/min cubic feet per minute I cu ft/sec cu in cubic feet per second cubic inch or inches cu m cubic meter or meters 1 cu yd cubic yard or yards d day (metric units) day day (English units) db decibels DB dry bulb (temperature) I dc direct current diam diameter DO dissolved oxygen 1 DS dissolved solids emf electromotive force I fpm feet per minute F , degrees Fahrenheit I ft feet or foot fc foot - candle or foot candles ft/day feet per day I ft/hr feet per hour ft/min feet per minute ft/sec feet per second I gram or g g grams g G gravitational force I gal gallon or gallons gal/day gallons per day I gal/min gallons per minutes CVO /391538A ABBREVIATIONS I JUNE2010 01424 -5 I DURHAM PHASE 5B1 I gal/sec gallons per second gfd gallons per square foot per day I g/L grams per liter gpd gallons per day gpd/ac gallons per day per acre I gpd/cap gallons per day per capita gpd/sq ft gallons per day per square foot gph gallons per hour I gpm gallons per minute gps gallons per second h hour or hours (metric units) 1 ha hectare or hectares hp high point I hp horsepower hp -hr horsepower -hour or horsepower -hours hr hour or hours (English units) I Hz hertz ID inside diameter ihp indicated horsepower Inc. Incorporated inch inch I I inches inches inches /sec inches per second r J joule or joules 1 JTU Jackson turbidity unit or units k kips 1 K kelvin K thermal conductivity 1 kcal kilocalorie or kilocalories kcmil thousand circular mils kg kilogram or kilograms 1 km kilometer or kilometers kN kilonewton or kilonewtons kPa kilopascal or kilopascals 1 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 ABBREVIATIONS CVO/391538A 01424 - 6 JUNE 2010 I I DURHAM PHASE 5B1 lb /acre -ft p ounds per acre -foot P I lb /ac pounds per acre lb /cu ft pounds per cubic foot lb /day /cu ft pounds per day per cubic foot I lb /day /acre lb /sq ft pounds per day per acre pounds per square foot lin linear, lineal I lin ft lm linear foot or feet lumen or lumens log logarithm (common) I In lx logarithm (natural) lux I m M meter or meters molar (concentration) mA milliampere or milliamperes I max maximum mCi millicurie or millicuries meq milliequivalent I µF MFBM microfarad or microfarads thousand feet board measure mfr manufacturer mg milligram or milligrams mgd/ac million gallons per day per acre mgd million gallons per day I mg/L milligrams per liter µg/L micrograms per liter µm micrometer or micrometers 1 mile mile mil. gal million gallons miles miles 1 min minimum min minute or minutes MLSS mixed liquor suspended solids I MLVSS mixed liquor volatile suspended solids mrn millimeter or millimeters mol wt molecular weight I mol mole Mpa megapascal or megapascals mph miles per hour I MPN most probable number mR milliroentgen or milliroentgens I Mrad megarad or megarads mV millivolt or millivolts MW megawatt or megawatts CVO/391538A ABBREVIATIONS I JUNE 2010 01424 -7 PHASE 5B1 I 1 DURHAM S 5 1 N newton or newtons N normal (concentration) I No. number Nos numbers I NRC noise reduction coefficient NTU or ntu nephelometric turbidity unit oc on center I OD outside diameter ORP oxidation - reduction potential I OT ortho - tolidine OTA ortha- tolidine - arsenite oz ounce or ounces I oz/sq ft ounces per square foot Pa pascal or pascals pl plate or property line pm post meridiem (afternoon) ppb parts per billion I ppm parts per million ppt parts per thousand pr pair psf/hr pounds per square foot per hour il l 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 I R roentgen or roentgens rad radiation absorbed dose I RH ' relative humidity rpm revolutions per minute rps revolutions per second I s second (metric units) S Siemens (mho) 1 SDI sludge density index or silt density index sec second (English units) SI International System of Units 1 sp static pressure sp gr specific gravity O ABBREVIATIONS CVO/391538A 01424 - 8 JUNE 2010 I . DURHAM PHASE 5B1 1 sp ht specific heat I sq square cm or sq cm square centimeter or centimeters sq ft square feet or foot I sq inch sq inches square inch square inches km or sq km square kilometer or kilometers I m or sq m square meter or meters mm or sq mm square millimeter or millimeters sq yd square yard or yards I SS suspended solids STC Sound Transmission Class SVI sludge volume index 1 TDS total dissolved solids TKN total Kjeldahl nitrogen I TLM TOC median tolerance limit total organic carbon • TOD total oxygen demand I TOW top of weir TS total solids TSS total suspended solids II TVS total volatile solids U U Factor/U Value I U Coefficient of Heat Transfer U heat transfer coefficient UNS Uniform Numbering System 1 US United States V volt or volts 1 VA volt - ampere or volt- amperes W watt or watts 1 WB wet bulb wg water gauge wk week or weeks 1 wt weight yd yard or yards 1 yr year or years (English unit) C. Abbreviations used on Drawings: As listed on Drawings or in Specifications. 111 1 CVO/391538A ABBREVIATIONS 1 JUNE 2010 01424 - 9 DURHAM PHASE 5B1 I D ED 1 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 1 1 1 1 1 1 1 ABBREVIATIONS CVO/391538A 01424 - 10 JUNE 2010 1 DURHAM PHASE 5B1 I • SECTION 01450 QUALITY CONTROL PART 1 GENERAL ' 1.01 DEFINITION ' 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 1 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 Quality Assurance Plan on the Drawings and Section 01455, Special Tests and Inspections. 1 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 PI 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 1 made strictly in accordance with the Contract Documents. C. Contractor shall notify the Engineer and Owner in writing of testing to occur 1 at the place of manufacture no less than 21 days before the test commence. 1.03 SAMPLING AND TESTING 1 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 CVO/391538A QUALITY CONTROL 1 JUNE 2010 01450 - 1 DURHAM PHASE 5B1 r that the quality of the workmanship Owne t at t e q ty is in full accord with the Contract Documents. B. Any waiver by the Owner of any specific testing or other quality Y Y Y p g q tY 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 1 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) 1 PART 3 EXECUTION 3.01 INSTALLATION A. Inspection: The Contractor shall inspect materials or equipment upon the arrival on the jobsite 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 1 1 1 QUALITY CONTROL CVO/391538A 01450 -2 JUNE2010 DURHAM PHASE 5B1 SECTION 01455 SPECIAL TESTS AND INSPECTIONS PART 1 GENERAL ' 1.01 THE REQUIREMENTS ' A. This Specification section is intended to inform the Contractor of the Owner's quality assurance program and the extent of the Contractor's responsibilities. 1 1.02 SCHEDULE OF INSPECTIONS /OBSERVATIONS A. Required inspections and tests are described in the Quality Assurance Plan on ' the Drawings and in the individual Specification Sections for the items to be inspected or tested. ' B. Required Structural Observations are described in the Quality Assurance Plan on the Drawings. 1 1.03 DEFINITIONS A. Approved Agency: An established and recognized agency regularly engaged PI in conducting tests or furnishing inspection services, when such agency has been approved by the Building Official. ' B. Approved Fabricator: An established and qualified person, firm, or corporation approved by the Building Official. Approval is based on written procedural and quality control manuals and periodic auditing of fabrication ' practices by an approved special inspection agency in accordance with IBC 2006 Section 1704.2.2. ' C. Building Official: Local department or representatives responsible for enforcing local codes and reviewing construction documents and issuing permits for the erection, alteration, demolition, and moving of buildings and structures. D. Continuous Special Inspection: The full -time observation of Work by an ' approved special inspector who is present in the area where the Work is being performed. E. Fabricated Item: Structural, load bearing or lateral load- resisting assemblies consisting of materials assembled prior to installation in a building or structure, or subjected to operations such as heat treatment, thermal cutting, ' cold working or reforming after manufacture and prior to installation in the building or structure. Materials produced in accordance with standard specifications referenced in the Contract Documents' or the local governing 1 CVO/391538A SPECIAL TESTS AND INSPECTIONS 1 JUNE 2010 01455 - 1 DURHAM PHASE 5B1 codes, such as rolled structural steel shapes, steel reinforcing bars, masonry , P g , nry units and plywood sheets, shall not be considered "fabricated items ". F. Mechanical Component Supports: The structural members or assemblies which transmit loads and forces from mechanical equipment to the structure. G. Periodic Special Inspection: The part-time or intermittent observation of Work 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. 1 H. Quality Assurance Plan: The detailed written procedure contained in the Contract Documents establishing the responsibilities of the Contractor, 1 Special Inspector, and Structural Observer as they pertain to Special Inspection and Structural Observation. I. Seismic Force - Resisting System: That part of the structural system that has been considered in the design to provide the required resistance to seismic forces. 1 J. Shear Wall: A wall designed to resist lateral forces parallel to the plane of the wall. 1 K. Special Inspection: Inspection as herein required of the materials, installation, fabrication, erection or placement of components and connections requiring special expertise to ensure compliance with the Contract Documents and referenced standards. ■ L. Special Inspection, Continuous: The full -time observation of work requiring special inspection by an approved special inspector. M. Special Inspection, Periodic: The part -time or intermittent observation of work requiring inspection by an approved special inspector. N. Special Inspector: An agency regularly engaged in conducting tests and furnishing inspection services. The special inspector is an authorized representative of the Engineer who provides inspections during construction. The Special Inspector shall be approved/registered by the local Building Official. O. Structural Observer: Registered design professional and authorized representative of the Engineer, who provides structural observation services during construction. 1 P. Structural Observation: Visual observation by a structural observer of the structural system for general conformance to the Contract Documents at significant construction stages and at completion of the structural system. 1 SPECIAL TESTS AND INSPECTIONS CVO/391538A 01455 - 2 JUNE 2010 1 DURHAM PHASE 5B1 Structural observation does not include or waive the responsibility for the P h' ' inspections required by the Contract Documents. 1.04 SUBMITTALS 1 A. The Contractor and Subcontractors, whose work will be inspected or tested, shall disclose any past or present business relationship or potential conflict of interest with the Special Inspector and Testing Laboratory. ' B. When fabrication of assemblies that would otherwise require special inspection is done on an approved fabricators premises, the following shall be 1 submitted: 1. At completion of fabrication, the approved fabricator shall submit to 1 the, Contractor, Engineer and the building official a certificate of compliance stating that the Work was performed in accordance with the approved construction documents. C. Contractor's Statement of Responsibility: The Contractor shall submit to the Building Official and to the Engineer a written Contractor's Statement of 1 Responsibility prior to the commencement of work on any system or component requiring a Quality Assurance Plan for Seismic Resistance. The Contractor's Statement of Responsibility shall contain the following: 1. Acknowledgment of awareness of the special requirements contained in the Quality Assurance Plan for Seismic Resistance. 1 2. Acknowledgment that control will be exercised to obtain conformance with the construction documents approved by the Building Official. 3. Procedures for exercising control within the Contractor's organization, the method and frequency of reporting, and the distribution of reports. 4. Identification and qualifications of the person(s) exercising such control and their position(s) in the organization. 1.05 PAYMENT A. The Owner shall engage and pay for the services of the Special Inspector, Agents of the Special Inspector, Testing Laboratory, and Structural Observer. ' B. The Contractor shall be responsible for the cost of any retesting or reinspection of work that fails to comply with the requirements of the Contract Documents. 1 1 TESTS T INSPECTIONS CVO/391538A SPECIAL S SAND INS EC ONS JUNE 2010 01455 - 3. DURHAM PHASE 5B1 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 CONTRACTOR RESPONSIBILITIES A. Prior to the commencement of the Work the Contractor will be advised of the name of the testing laboratory, and the firms to be obtained to perform the special inspections, and structural observations. 1 B. The Contractor shall cooperate with the Special Inspector, his agents, and the Structural Observer, so that the special inspections, observation, and testing may be performed without hindrance. C. The Contractor shall review the Quality Assurance Plan and individual specification sections and shall be responsible for coordinating and scheduling inspections, observations, and tests. The Contractor shall notify the Special Inspector, Testing Laboratory, or Structural Observer at least 48 hours in advance of a required inspection, observation, or test. D. The Contractor shall schedule inspections and observations accounting for the potential need for modifications to be made to the Work. E. Failure by the Contractor to meet observation, inspection, or testing schedules may require removal of any subsequent work for observation, inspection and testing. Removal and replacement of any finished work and/or framing damaged by the removal process or as required for corrective action shall be at the Contractor's expense. Uninspected Work that required inspection may be rejected solely on that basis. F. The Contractor shall provide incidental labor and facilities to provide access to the Work to be inspected, observed, or tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests, observations, inspections, storage, and curing of test samples. • G. The Contractor shall keep at the project site the latest set of construction drawings, field sketches, change orders, approved Shop Drawings, and specifications for use by the Special Inspector and Structural Observer. H. The Special Inspection and Observation program shall in no way relieve the 1 Contractor of its obligation to perform Work in accordance with the requirements of the Contract Documents or from implementing an effective Quality Control program. The Contractor's quality control personnel shall first review all work that is to be subjected to Special Inspections or Structural Observation. 1 I. The Contractor shall be solely responsible for construction site safety. SPECIAL TESTS AND INSPECTIONS CVO/391538A 01455 - 4 JUNE 2010 1 DURHAM PHASE 5B1 i the Contractor shall have a J. Prior to the beginning of construction, t Con t s ' preconstruction meeting with the Engineer, Building Official, Contractor, Owner, Special Inspector, Structural Observer, and Testing Laboratories, to review the special inspection and structural observation requirements. 1 3.02 INSPECTION OF FABRICATIONS A. When Work is done on the premises of an approved fabricator, special 1 inspection is not required. All other fabrications are subject to the special inspection requirements contained in the Quality Assurance Plan. 1 3.03 RECORDS AND REPORTS A. The Special Inspector shall prepare detailed daily reports of each special 1 inspection or test. B. The Structural Observer shall prepare detailed reports of each structural 1 observation. C. Any discrepancies from the Contract Documents found during a special inspection or structural observation shall be immediately reported to the Contractor. If the discrepancies are not corrected the Special Inspector or • Observer shall notify the Engineer and Building Official. Reports shall document all discrepancies identified and the corrective action taken. D. Final Reports of Special Inspections and Structural Observations: 1. The "Final Report of Special Inspections" shall be completed by the Special Inspector and submitted to the Engineer and Building Official prior to the issuance of a Certificate of Use and Occupancy. 2. The "Final Report of Special Inspections" will certify that all required inspections have been performed and will itemize any discrepancies that were not corrected or resolved. 3. The "Final Structural Observation Report" will certify that site visits have been made and identify any reported deficiencies, which, to the 1 best of the Structural Observer's knowledge, have not been resolved. 3.04 SUPPLEMENT 1 A. The supplement listed below, following "End of Section," is part of this Specification: 1 1. Contractor's Statement of Responsibility. END OF SECTION CVO/391538A SPECIAL TESTS AND INSPECTIONS JUNE 2010 01455 - 5 DURHAM PHASE 5B1 CONTRACTOR'S STATEMENT OF RESPONSIBILITY 1 Durham Advanced Wastewater Treatment Facility Phase 5B 1 Headworks Improvements (Project) 111 (Name of Contracting Company) 1 (Business Address) ( ) ( ) 1 (Telephone) (Fax) I, (We) hereby certify that I am (we are) aware of the special requirements contained ' in the Contract Documents for this Project for Quality Assurance for seismic force - resisting systems and components including architectural, mechanical, and electrical components, as listed in the Quality Assurance Plan, and that: 1 1. I, (We) are responsible for construction of the following systems so listed: Facility Seismic Force - Resisting System or Component 1 1 2. Control of this Work will be exercised to obtain conformance with the Contract 1 Documents approved by the Building Official. 3. I, (We) will adopt procedures for exercising control of the Work, the method and ' frequency of reporting, and for the distribution of reports required under the Quality Assurance Plan for this Project. ' 4. I, (We) will provide timely notification to the Engineer and any designated responsible firm or agency as required for Quality Assurance testing and inspection for this Project. 1 1 CVO/391538A SPECIAL TESTS AND INSPECTIONS 1 JUNE 2010 01455 SUPPLEMENT - 1 • DURHAM PHASE 5B 1 1 5. The following person is hereby identified as exercising control over quality assurance for the Work designated above: 1 Name: Qualifications: (Print name and official title of person signing this form) 1 Signed by: Date: Project Name: Durham Advanced Wastewater Treatment Facility Phase 5B1 Headworks Improvements Project No. 6410, Clean Water Services 1 ■ 1 1 1 1. 1 1 SPECIAL TESTS AND INSPECTIONS CVO/391538A 01455 SUPPLEMENT - 2 JUNE 2010 DURHAM PHASE 5B1 1 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS • PART 1 GENERAL 1.01 SUMMARY 1 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 1 . 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. Telephone service. 6. Gas service. 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. 1 PART 2 PRODUCTS 1 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. ' • CVO/391538A TEMPORARY FACILITIES JUNE 2010 AND CONTROLS ' 01500 - 1 DURHAM PHASE 5B1 2.02 FIELD OFFICES AND SHEDS A. Contractor's Field Office: 1 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, and provide lighting and telephone service in that space. 1 2.03 CONSTRUCTION AIDS A. Provide railings, kick plates, enclosures, safety devices, and controls required 1 by Laws and Regulations and as required for adequate protection of life and property. 1 B. Use construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities of ample size and capacity to adequately support and 1 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 engineer prior to application of loads. 2. Submitted design calculations are for information and record purposes on l y . 1 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 by 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. TEMPORARY FACILITIES CVO/391538A AND CONTROLS JUNE 2010 01500 - 2 DURHAM PHASE 5B1 4. Barricade excavations to prevent persons from entering excavated areas 1 p p g in streets, roadways, parking lots, treatment plants, or other public or private areas. F. Warning Devices and Barricades: Adequately identify and guard hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. 1 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 1 public is excluded, in manner appropriate for hazard. I. Above Grade Protection: On multi -level structures, provide safety protection 1 that meets requirements of OSHA and State agency which administers OSHA regulations where Project is located. 1 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 1 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 1 may be built to serve for both permanent and temporary protection of CVO/391538A TEMPORARY FACILITIES JUNE 2010 AND CONTROLS 1 01500 -3 DURHAM PHASE 5B1 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. 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, 1 and vandalism, and for protection of public against exposure to injury. 2.05 ACCESS ROADS A. General: 1. Contractor may use existing plant roads. All roads must be kept in service and accessible by the Owner at all times. 2. Build and maintain 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 1 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 1. Provide text as defined by the Engineer. 2. Erect sign where directed by Owner or Engineer. 1 B. Provide minimum of one additional sign to direct delivery and forces as required. Erect Project identification sign where directed by Owner or Engineer. TEMPORARY FACILITIES CVO/391538A j AND CONTROLS JUNE 2010 01500 - 4 DURHAM PHASE 5B1 PART 3 EXECUTION 3.01 INSTALLATION OF TEMPORARY UTILITY SERVICES A. General: Wherever feasible, the Contractor shall engage the utility company to install temporary service to project, or as a minimum, to make connection to existing utility service; locate services where they will not interfere with total project construction Work, including installation of permanent utility ' services; and maintain temporary services as installed for required period of use; and relocate, modify or extend as necessary from time to time during that ' period as required to accommodate total project construction Work. B. Approval of Electrical Connections: Temporary connections for electricity shall be subject to approval of the Engineer and the power company ' representative, and shall be removed in like manner at the Contractor's expense prior to final acceptance of the Work. 1 C. Separation of Circuits: Unless otherwise permitted by the Engineer, circuits used for power purposes shall be separate from lighting circuits. 1 D. Construction Wiring: Wiring for temporary electric light and power shall be properly installed and maintained and shall be securely fastened in place. 01 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 1 A. Power: The Contractor shall provide power required for its operations under the Contract, and shall provide and maintain all temporary power lines 1 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 Utility. ' C. Arrange and pay for all power bills for temporary power. 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 CVO/391538A TEMPORARY FACILITIES JUNE 2010 AND CONTROLS ' 01500 - 5 DURHAM PHASE 5B1 and rise vertically in locations wh r it circuit wiring generally overhead, d se e e twill 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 rovide an adequate supply of water of a quality p q pp Y 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 1 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. 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: The construction plant and all other 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 1 for fighting fires in the temporary structures and other portions of the Work, TEMPORARY FACILITIES CVO/391538A AND CONTROLS JUNE 2010 01500 - 6 DURHAM PHASE 5B1 and responsible persons shall be designated and instructed in the operation of p P g p ' 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. 1 3.07 INSTALLATION OF GAS SERVICE A. Gas Service: If desired by Contractor for heating, the Contractor shall install 1 gas service and distribution piping of size adequate for temporary heating of enclosed construction Work, construction offices, toilets, fabrication shops ' and similar temporary facilities requiring heat. 3.08 INSTALLATION OF COMMUNICATIONS 1 A. Telephone Services: The Contractor shall provide and maintain at all times during the progress of the Work not less than two telephones in good working order at its own field construction office at or near the Site. Each such 1 telephone shall be connected to an established exchange for toll service and with all other telephones utilized by the Contractor. 1 3.09 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. ' 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. CVO/391538A TEMPORARY FACILITIES JUNE 2010 AND CONTROLS 01500 -7 PHA E5B1 1 DURHAM S facilities used during construction to specified d or original G. Restore existing ac g p e condition. END OF SECTION 1 1 1 1 1 1 ■ • 1 1 1 1 1 1 TEMPORARY FACILITIES CVO/391538A j AND CONTROLS JUNE 2010 01500 -8 DURHAM PHASE 5B1 SECTION 01505 MOBILIZATION PART 1 GENERAL ' 1.01 GENERAL A. Mobilization shall include the obtaining of all permits; moving onto the site of all plant and equipment; furnishing and erecting plants, temporary buildings, and other construction facilities; and implementing security requirements; all 1 as required for the proper performance and completion of the Work. Mobilization shall include the following principal items: 1 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 0 programs. 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 1.02 PAYMENT FOR MOBILIZATION 1 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 14 of the General Conditions of the Contract. ' PART 2 PRODUCTS (NOT USED) 1 PART 3 EXECUTION (NOT USED) END OF SECTION 1 1 CVO/391538A MOBILIZATION JUNE 2010 01505 - 1 DURHAM PHASE 5B1 SECTION 01530 PROTECTION OF EXISTING FACILITIES PART 1 GENERAL ' 1.01 GENERAL 1 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 1 damage or temporary relocation, all in accordance with the Contract Documents. 1 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 rt li ' B. neat Temporary saw Resurcut in facingstaigh nes. : Wherever required by the public authorities having jurisdiction, the Contractor shall place temporary surfacing promptly after 1 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 1 constructed to finish grades compatible with adjacent undisturbed pavement. D. Restoration of Curbs, Sidewalks, Mowstrips or Private Driveways: Wherever I 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 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 1 CVO/391538A PROTECTION OF JUN E 2010 EXISTING FACILITIES 1 01530 - 1 DURHAM PHASE 5B1 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 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 1 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 I . 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. Utilities Moved: 1 , , of L. u�inCies to be lvicveu: In case it Shan 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 1 be taken to prevent interruption of service. E. Utilities to be Removed: Where the proper completion of the Work requires 1 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. PROTECTION OF CVO/391538A 1 EXISTING FACILITIES JUNE 2010 01530 -2 1 DURHAM PHASE 5B1 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. 1 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. 1 H. Irrigation System and Underground Utilities Not Indicated: In the event that the Contractor damages existing irrigation or utility lines that are not indicated or are not indicated with reasonable accuracy in the Contract Documents or the locations of which are not made known to the Contractor prior to excavation, a verbal report of such damage shall be made immediately to the ' Engineer and a written report thereof shall be made promptly thereafter. The Engineer will immediately notify the owner of the damaged utility. If the Engineer is not immediately available, the Contractor shall notify the utility owner of the damage. If directed by the Engineer, repairs shall be made by the Contractor under the provisions for changes and extra work contained in Articles 10, 11, and 12 of the General Conditions. 1 I. 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 Articles 10, 11, and 12 of the General Conditions. 1 J. 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. ' K. 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, 1 CVO/391538A PROTECTION OF JUNE 2010 EXISTING FACILITIES 1 01530 - 3 DURHAM PHASE 5B1 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. 1.05 NOTIFICATION BY THE CONTRACTOR A. Prior to any excavation in the vicinity of any existing underground facilities, 1 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 1 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 1 1 i 1 PROTECTION OF CVO/391538A 1 EXISTING FACILITIES JUNE 2010 01530 - 4 1 DURHAM PHASE 5B 1 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 photographs and videotape 1 recordings. 1.02 CONTRACTOR SUBMITTALS 1 A. Videotape surveys, photographs, and other data of the preconstruction conditions shall be submitted to the Engineer for record purposes prior to, but not more than three 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 inspection by the Owner and Engineer. PART 2 PRODUCTS (NOT USED) 1 PART 3 EXECUTION 3.01 PHOTOGRAPHS AND VIDEO RECORDINGS 1 A. Contractor, as a minimum, shall document pre- and post - construction conditions by preparing videotape surveys of the following: 1 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. 1 B. Supplement videotape surveys with digital photographs as required to thoroughly document the original condition and location of existing features and facilities. • CVO/391538A SITE CONDITIONS SURVEYS JUNE 2010 01532 - 1 DURHAM PHASE 5B 1 1 C. Videotape records shall be digital and provided in color format in DVD format. If requested, hard copy prints of digital photographs shall be provided by the Contractor. END OF SECTION 1 1 1 1 1 ■ 1 1 1 1 1 1 1 1 SITE CONDITIONS SURVEYS CVO/391538A 01532 -2 JUNE2010 1 DURHAM PHASE 5B1 O SECTION 01535 SETTLEMENT MONITORING PART 1 GENERAL ' 1.01 GENERAL A. The Contractor shall be responsible to conduct a settlement monitoring program for the duration of the specific work described in this Section. The primary purpose of the monitoring is to observe settlement or movement of 1 existing facilities including buried facilities in close proximity to excavations, • before, during, and after construction, and to permit timely implementation of successful mitigation measures to eliminate further movement and potential 1 damage or impact to existing facilities. Construction activities that shall receive special attention include performing groundwater dewatering, installation of shoring systems, conducting boring and jacking and/or 1 microtunneling and casing installation, and pipeline trench excavations. B. The Contractor shall use the settlement monitoring points shown on the 1 Contract Drawings and supplement as needed with additional points selected in order to meet the settlement monitoring program intent and the requirements specified herein. C. This Section establishes minimum requirements for the Contractor to monitor the effects of construction on existing facilities and to demonstrate a 1 reasonable preparedness to implement potential mitigation action to protect existing facilities. 1 1.02 SUBMITTALS A. Within 30 days after Notice to Proceed, the Contractor shall submit its .1 Settlement Monitoring Plan in accordance with the requirements of Section 01330, Submittal Procedures. The submittal information shall include at least the following: 1. Settlement Monitoring Plan showing the detailed location of settlement monitoring points shown at the general locations on the Drawings, ' reference benchmarks, survey procedures including names of surveying crew leader and equipment to be used, approach to recording readings and reporting results to the Engineer, and report formats (such including summaries as Microsoft Excel spreadsheets). 2. Contingency plan for additional settlement monitoring locations. ' B. The Contractor shall prepare a contingency plan to mitigate the effects of settlement or movement of facilities during construction activities and areas mentioned above. The contingency plan is required to demonstrate a CVO/391538A SETTLEMENT MONITORING 1 JUNE 2010 01535 - 1 DURHAM PHASE 5B1 reasonable preparedness to mitigate the effects of movement or settlement. The following are minimum requirements for a contingency plan: 1. The contingency plan shall outline steps to be taken to protect existing facilities from additional settlement or movement. 2. The Contractor shall identity all material, manpower, equipment, and other items available at all times while excavations and dewatering are ongoing and reasonably after work has been completed as determined by the Engineer. PART 2 PRODUCTS 2.01 GROUND SURFACE SETTLEMENT POINTS A. Free -end drive point anchors, minimum 2 -inch diameter steel pipe, 1 Schedule 80 or higher strength; as an alternative, the anchors shall be 1 -inch diameter, solid smooth steel rods, at least 36 ksi yield strength and at least 2 feet long. Anchors shall be driven vertically to within 2 inches of the ground 1 surface. 2.02 BENCHMARKS 1 A. Establish temporary benchmarks for vertical measurements and protective bollards approved by the Engineer, a minimum of 100 away from the nearest settlement points and monuments at locations protected during construction. PART EE T z XC ON UTI 1 � ✓ JJ L1.V L1 3.01 SETTLEMENT MONITORING A. Prior to the beginning of construction activities mentioned in Part 1 this 1 Section, and until final completion as determined by the Engineer, the Contractor shall implement and maintain its approved Settlement Monitoring Plan. B. The Contractor shall implement the settlement monitoring program for the permanent structures at the settlement monitoring points shown on the Drawings and described in this and other Specification Sections, and for the . additional facilities described and with the following details: 1 1. Influent force mains. 2. Influent meter vault. 3. Any other existing structure within 100 feet of ground water de- watering wells. 4. For all natural gas pipelines, and any buried pipelines and structures which are within a horizontal distance 1.5 times the depth of any excavation (zone of excavation influence), and placing settlement points 1 SETTLEMENT MONITORING CVO/391538A 01535 - 2 JUNE 2010 DURHAM PHASE 5B1 above the existing facility at approximately a distance of 100 feet apart tY Pp Y art p parallel along the existing facility. 3.02 SETTLEMENT MONITORING IMPLEMENTATION 1 A. The Contractor's monitoring shall include performing precise surveys using optical or laser survey methods to determine vertical displacements, and inspections necessary for monitoring existing facilities. All surveys shall be ' performed under the direction of a licensed land surveyor in the State of Oregon. Vertical and horizontal measurements shall be accurate to 0.01 foot ' or smaller. B. The settlement points shall have an identification number, elevation as appropriate, and coordinate location. The method of installing settlement points shall be as specified and approved by the Engineer. The Engineer shall be notified a minimum of 3 days prior to installing points and be given free access to review any survey information immediately after the Contractor has set the elevation and location. 1 C. The Contractor shall perform surveys of each settlement point daily during construction in the area with the results given to the Engineer described, and with the allowable settlement/movements specified or as follows, whichever is less: 0.5 inch vertical settlement. 1. Notify the Engineer if total settlement exceeds 0.10 inch. Implement contingency plan as required or directed by the Engineer. 1 2. Natural Gas Pipelines and any Buried Pipelines Within Zone of Influence: Readings weekly (at least 5 days apart) during excavations; provide results to the Engineer within 24 hours of the readings. If during ' measurements movements exceeding 0.10 inch are recorded, contact immediately and provide additional readings as determined by the Engineer. a. Continue to monitor settlement at least monthly, for the duration of the project, after work in an area is complete. Provide records ' to Engineer as specified herein. D. The Contractor's shall maintain logs and calculations of the survey data taken, which will be made available upon request of the Engineer for review within 1 24 hours and provide copies to the Engineer as requested. E. The Contractor shall perform daily visual inspections of the areas described in 1 paragraph 3.2, C, 1 and 2 to identify any signs of any settlement or movement. The results from visual inspections shall be recorded with the daily survey log, including the name of the person performing the observations. Any area that appears to be have moved shall immediately be brought to the attention of the Engineer and an agreed upon course of action taken. CVO/391538A SETTLEMENT MONITORING 1 JUNE 2010 01535 -3 DURHAM PHASE 5B1 Y PLAN 3.03 CONTINGENC N IMPLEMENTATION A. The Contractor shall implement the approved contingency plan to mitigate the 1 effects of settlement or movement, if 100 percent of the allowable settlement/movement limits with a tolerance of plus or minus 0.05 inch has occurred, and after notifying and obtaining approval of the Engineer. END OF SECTION 1 1 1 1 • • 1 SETTLEMENT MONITORING CVO/391538A 01535 -4 JUNE2010 DURHAM PHASE 5B1 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 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 1 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 1 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 1 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, 1 as may be required. C. Street Use: Nothing herein shall be construed to entitle the Contractor to the 1 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 1 agencies in such streets, alleyways, or parking areas. No street shall be closed to the public without first obtaining permission of the Engineer and proper governmental authority. Where excavation is being performed in primary 1 CVO/391538A SITE ACCESS AND STORAGE 1 JUNE 2010 01555 - 1 DURHAM PHASE 5B1 streets or highways, one lane in each direction shall be kept open to traffic at P p 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. D. Contractor shall maintain public access to the RV dump facility at all time. E. Contractor shall maintain access to the septage receiving facility in 1 accordance with Section 01140, Work Restrictions. 1.03 CONTRACTOR'S WORK AND STORAGE AREAS 1 A. The Owner will designate for the Contractor's use, portions of the Site for its exclusive use during the term of the Contract. 1 B. Lands to be furnished by the Owner for storage, staging, construction operation, 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 1 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, 1 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. 1 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 paragraph 1.6 of 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. SITE ACCESS AND STORAGE CVO/391538A 01555 - 2 JUNE 2010 1 DURHAM PHASE 5B1 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. 1 D. The Contractor shall keep and maintain its construction trailer on -site until Final Completion of the Project. 1 1.04 PARKING A. The Contractor shall maintain traffic and parking areas in a sound condition, 1 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) 1 PART 3 EXECUTION (NOT USED) END OF SECTION 1 1 • 1 1 1 1 1 1 1 CVO/391538A SITE ACCESS AND STORAGE 1 JUNE 2010 01555 - 3 DURHAM PHASE 5B1 SECTION 01560 TEMPORARY ENVIRONMENTAL CONTROLS PART 1 GENERAL ' 1.01 EXPLOSIVES AND BLASTING A. The use of explosives on the Work will not be permitted. 1.02 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. The Contractor shall provide its own source of water or other materials for dust. abatement. The Contractor shall not use waste oil or other similar materials that may cause damage to the environment for dust abatement. The ' Contractor shall be responsible for any damage resulting from dust originating from its operations. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the Engineer. B. The Contractor shall prevent its operation from producing dust in amounts that will effect the operation of the lab in the filter gallery. Contractor shall provide necessary screening for isolation of the lab from any dust. 1.03 RUBBISH CONTROL 1 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 I of rubbish. 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. 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 t governing locations and methods of disposal, and in conformance with all applicable safety laws, and to the particular requirements of Part 1926 of the OSHA Safety and Health Standards for Construction. Contractor shall not use Owner's dumpsters or other rubbish containers. 1.04 CHEMICALS 1 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. CVO/391538A TEMPORARY ENVIRONMENTAL JUNE 2010 CONTROLS 1 01560 -1 DURHAM PHASE 5B1 Use of all such chemicals and disposal of residues shall be in strict accordance with the printed instructions of the manufacturer. 1.05 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 disposal of such waste shall be the responsibility of the Contractor or its agent. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 1 • ■ TEMPORARY ENVIRONMENTAL CVO/391538A CONTROLS JUNE 2010 01560 - 2 ' DURHAM PHASE 5B1 SECTION 01570 111 EROSION AND SEDIMENT CONTROL PART 1 GENERAL ' 1.01 THE REQUIREMENT ' 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) has been prepared to meet requirements of the Department of Environmental Quality 1200 -C Permit and is detailed in the Contract Drawings. ' B. The Contractor shall provide 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 (June 2007). 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 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 1 sediment control and 1200 -C Permit requirements. C. Submittals shall be in accordance with Section 01330, Submittal Procedures. 1 PART 2 PRODUCTS ' 2.01 GENERAL A. See Section 02370, Soil Stabilization. 1 PART 3 EXECUTION (NOT USED) END OF SECTION 1 CVO/391538A EROSION AND SEDIMENT JUNE 2010 CONTROL ' 01570 - 1 DURHAM PHASE 5B1 SECTION 01600 PRODUCT REQUIREMENTS ' PART 1 GENERAL 1.01 DEFINITIONS 1 A. The word "Products," as used in the Contract Documents, is defmed 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 1 "Equipment" is defmed 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 I Work. 1.02 SEISMIC 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 01612, Seismic Anchorage and Bracing. 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. i 1 CVO/391538A PRODUCT REQUIREMENTS JUNE 2010 01600 - 1 DURHAM PHASE 5B1 1.04 PRODUCT DELIVERY AND STORAGE A. The Contractor shall deliver and store the Work in accordance with 1 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 1 A. Products shall be transported by methods to avoid damage and shall be 1 delivered in undamaged condition in manufacturer's unopened containers and packaging. B. The Contractor shall provide equipment and personnel to handle products, 1 materials, and equipment by methods to prevent soiling and damage. C. The Contractor shall provide additional protection during handling to prevent 1 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 1 in weather -tight climate controlled enclosures and temperature and humidity ranges shall be maintained within tolerances required by manufacturer's 1 recommendations. B. For exterior storage of fabricated products, products shall be placed on sloped 1 supports above ground. Products subject to deterioration shall be covered with impervious sheet covering and ventilation shall be provided to avoid condensation. 1 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. 1 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. • 1 PRODUCT REQUIREMENTS CVO/391538A 01600 -2 JUNE2010 DURHAM PHASE 5B1 1 -.07 MAINTENANCE OF PRODUCTS IN STORAGE 1 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. ' 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 1 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. 01 1.08 PROPOSED SUBSTITUTIONS A. The procedure for review by the Engineer will be as set forth in the General 1 Conditions and 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. 1 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 1 CVO/391538A PRODUCT REQUIREMENTS 1 JUNE2010 01600 -3 DURHAM PHASE 5B1 SECTION 01612 SEISMIC ANCHORAGE AND BRACING PART 1 GENERAL ' 1.01 SECTION INCLUDES 1 A. This section covers requirements for seismic anchorage and bracing for equipment and all nonstructural components required in accordance with Section 1621 of the International Building Code. The Contractor shall be 1 responsible for designing all seismic attachments, braces, and anchors to the structure for all parts or elements of the architectural, mechanical, and electrical systems included in the Work in accordance with this Section. The 1 Contractor shall also be responsible for designing seismic anchorage for existing architectural, mechanical, or electrical systems identified herein. 1 1.02 REFERENCES A. The following is a list of standards which may be referenced in this section: ' 1. International Code Council (ICC): 111 a. International Building Code (IBC). b. Evaluation Service (ICC -ES) Reports and Legacy Reports. 2. American Society of Civil Engineers (ASCE): ASCE 7, Minimum Design Loads for Buildings and Other Structures. 1 3. Sheet Metal and Air Conditioning Contractors' National Association (SMACNA): Seismic Restraint Manual: Guidelines for Mechanical Systems. 1.03 SUBMITTALS A. Action Submittals: 1. Shop Drawings and Seismic Anchorage and Bracing Calculations: ' a. Submit a complete list of equipment to be anchored weighing 20 pounds or more. b. Show details of complete seismic attachment assemblies including ' connection hardware, braces, and anchor bolts. c. Submit applicable manufacturer's engineered seismic hardware data and installation requirements. ' d. Provide calculations for all seismic attachments, braces, and anchorages clearly showing the criteria used for the design and sealed by a civil or structural engineer registered in the State of Oregon. Calculations for anchorage of components assigned a component importance factor Ip of 1.5 in accordance with 1 CVO /391538A SEISMIC ANCHORAGE JUNE 2010 AND BRACING 1 01612 - 1 DURHAM PHASE 5B1 ASCE 7 Section 9.6.1.5 shall be sealed by a structural engineer registered in the State of Oregon. These calculations shall be considered deferred submittals per IBC 106.3.4.2. e. Submit Shop Drawings with supporting calculations no less than 4 weeks in advance of installation of any component or equipment to be anchored to the structure. B. Informational Submittals: 1. Certificate of Compliance: Submit manufacturer's Certificate of Compliance for components of Contractor - designed seismic anchorages of architectural, mechanical, and electrical systems as required in Section 01455, Special Tests and Inspections. 1.04 DESIGN AND PERFORMANCE REQUIREMENTS . 1 A. In accordance with IBC Section 1621, all architectural, mechanical, electrical and other nonstructural systems, components, and elements permanently 1 attached to the structure shall be designed and constructed to transfer the component seismic forces specified in ASCE 7 Section 9.6.1 to the structure. Seismic anchorage and bracing systems shall be designed by a professional engineer registered in the State of Oregon. B. Architectural components shall include, but not be limited to, nonstructural walls and elements, partitions, cladding and veneer, access flooring, signs, cabinets, suspended ceilings, and glass in glazed curtain walls and partitions. • C. Seismic attachments, braces, and anchorages for all parts or elements of the 1 architectural, mechanical, and electrical systems shall be designed in accordance with the provisions of the International Building Code and the 1 following site - specific seismic criteria unless noted otherwise on the Drawings. 1. Site - Specific Spectral Response Coefficients: a. Short Period Mapped Maximum Considered Earthquake, 5 Percent Damped: Ss equals 0.93 g. b. 1 Second Period Mapped Maximum Considered Earthquake, 5 Percent Damped: S1 equals 0.34 g. c. Short Period Design Spectral Response Acceleration, 5 Percent 1 Damped: SDS equals 0.609 g. d. 1 Second Period Design Spectral Response Acceleration, 5 Percent Damped: SD1 equals 0.390 g. 2. Site Class: D. 3. Site Coefficients: a. F = 1.128. 1 b. F,, = 1.720. SEISMIC ANCHORAGE CVO/391538A 1 AND BRACING JUNE 2010 01612 - 2 ' I DURHAM PHASE 5B1 - 4. Seismic Design Cate o rY : D, unless noted otherwise. The Seismic g Design Category shall be the same as the structure to which the I nonstructural components are attached, as designated on the Drawings. 5. Seismic Use Group: III, unless noted otherwise. The Seismic Use Group shall be the same as that for the structure to which the nonstructural I components are attached. 6. Component Important Factor, Ip: 1.0, unless noted otherwise. 1 D. In accordance with ASCE 7, the following are exempt from the requirements of the Section for provision of seismic anchorages and bracing: 1 1. Mechanical and electrical components with Ip equals 1.0 that weigh 400 pounds or less, are mounted 4 feet or less above the adjacent finished floor elevation, and are provided with flexible connections I between the components and any associated ductwork, piping, or conduit. I 2. Mechanical and electrical components with Ip equals 1.0 that weigh 20 pounds or less, are mounted at any height, and are provided with flexible connections to attached ductwork, piping, and conduit. I 3. Distribution systems weighing 5 pounds per foot or less. PART 2 PRODUCTS 2.01 GENERAL A. Attachments and supports transferring seismic loads to the structure will be 1 constructed of materials and products suitable for the application and designed and constructed in accordance with the design criteria shown on the Drawings and nationally recognized standards. The seismic attachments, braces, and 1 anchorages will be provided and installed by the Contractor. B. Materials: Section 05500, Metal Fabrications. Source quality control shall be in accordance with the referenced section. C. Powder driven fasteners and sleeve anchors shall not be used for seismic 1 attachments and anchorage where resistance to tension loads is required. PART 3 EXECUTION 1 3.01 GENERAL I A. The Contractor shall design the seismic attachments, braces, and anchorage to the structure of all architectural, mechanical, and electrical system elements whether or not attachment, bracing, or anchorage of the specific item is called I for in any specification section or on the Drawings. The Contractor shall also design seismic restraints for existing nonstructural components and systems as 1 CVO/391538A SEISMIC ANCHORAGE JUNE 2010 AND BRACING 1 01612 -3 DURHAM PHASE 5B1 identified herein. Seismic attachments, bracin g, anchorage anchora e shall be made in such a manner that the component seismic force is transferred to the lateral 1 force resisting system of the structure through a complete load path. B. The overall seismic anchorage system shall provide restraint in all directions, including vertical, for each component or system so anchored. 1 C. Components mounted on vibration isolation systems shall have snubbers in each horizontal direction and vertical restraints where required to resist 1 overturning. D. Piping shall be anchored in such a manner as to ensure that the piping system 1 has adequate flexibility and expansion capabilities at flexible connections and expansion joints. All piping and ductwork suspended more than 12 inches below the supporting structure shall be braced for seismic effects. 1 E. Tall and narrow equipment such as motor control centers and telemetry equipment shall be anchored at the base and within 12 inches from the top of 1 the equipment, unless approved otherwise by the Engineer. F. Architectural, mechanical, or electrical components shall not be attached to the more than one element of a building structure at a single restraint location where such elements may respond differently during a seismic event. Such attachments shall also not be made across building expansion and contraction joints. G. Seismic attachments and braces wi be provided and installed b the • Contractor in accordance with Section 05500, Metal Fabrications. Attachment requirements and size and number of braces will be based on the calculations submitted by the Contractor. 1 H. Anchor bolts and concrete and masonry anchors for the anchorage of equipment will be provided and installed by the Contractor in concrete or masonry in accordance with Section 05500, Metal Fabrications. Size of anchor bolts and anchors and required minimum embedment and spacing will be based on the calculations submitted by the Contractor. 1 I. Details of and calculations for all seismic anchorages shall be submitted and accepted as specified within this Section. Submittals will be rejected if the proposed anchorage method would create an overstressed condition of the supporting member. The Contractor shall be responsible for revisions to the anchorages and/or strengthening of the structural support so that there is no 1 overstressed condition at no additional cost to the Owner. 1 SEISMIC ANCHORAGE CVO/391538A 1 AND BRACING JUNE 2010 01612 -4 1 • DURHAM PHASE 5B1 3.02 INSTALLATION 1 A. The Contractor shall not install any seismic anchorages or restraints prior to review and acceptance by the Engineer. 1 B. The Contractor shall give notice upon completion of seismic restraints to the Engineer in accordance with Section 01455, Special Tests and Inspections. 1 C. Certificates of compliance for component testing shall be in accordance with Section 01455, Special Tests and Inspections. They shall include the manufacturer's name and address; applicable Contract Drawing and Detail ' number, products, units and assemblies, and system or equipment identification or tag numbers; type of testing or analysis performed; relevant design forces specific to the project site as identified in the Contract Drawings; and a statement of compliance with the project requirements. ' 3.03 FIELD QUALITY CONTROL A. Field Quality Control shall be in accordance with Section 05500, Metal Fabrications. END OF SECTION 1 • 1 1 1 1 1 1 1 CVO/391538A SEISMIC ANCHORAGE JUNE 2010 AND BRACING 1 01612 - 5 DURHAM PHASE 5B1 SECTION 01614 WIND DESIGN CRITERIA PART 1 GENERAL ' 1.01 SUMMARY 1 A. Section Includes: Wind design criteria. 1.02 SYSTEM DESCRIPTION 1 A. Design Requirements: ' 1. Building Code Criteria: Design for wind in accordance with Building Code as specified in Section 01410, Regulatory Requirements. a. Basic Wind Speed: 85 miles per hour. ' b. Wind Exposure: C. c. Wind Importance Factor, I 1.00. 2. Use anchor bolts, bolts, or welded studs for anchors for resisting wind ' forces. Anchor bolts used to resist wind forces shall have a standard hex bolt head. Do not use anchor bolts fabricated from rod stock with an L or J shape. a. Do not use concrete anchors, sleeve anchors, flush shells, chemical anchors, powder actuated fasteners, or other types of anchor unless indicated on the Drawings or accepted in writing by the Engineer. b. Wind forces must be resisted by direct bearing on the anchors used to resist wind forces. Do not use connections which use 1 friction to resist wind forces. 1.03 SUBMITTALS 1 A. Shop Drawings and Calculations: Complete Shop Drawings and wind design calculations. 1 B. Calculations shall be signed and stamped by a civil or structural engineer registered in the state where the Project is located. 1 PART 2 PRODUCTS (NOT USED) ' PART 3 EXECUTION (NOT USED) END OF SECTION 1 1 CVO/391538A WIND DESIGN CRITERIA 1 JUNE 2010 01614 - 1 DURHAM PHASE 5B1 SECTION 01640 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 1 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. Grit Cyclones and Classifiers. 2. Bar Screens. ' 3. Washer Compactors. 4. NPW Pump. 5. Medium Voltage Switchgear. 6. Instrumentation and Control Systems. 7. HVAC and Mechanical Systems. 1 CVO/391538A MANUFACTURERS' SERVICES JUNE 2010 01640 - 1 DURHAM PHASE 5B1 T REQUIRING 1.05 EQUIPMEN UIRING TRAINING Q A. The following equipment requires manufacturer's training. This list may not 1 be all- inclusive, and in no way relieves the Contractor or manufacturers of their duties required elsewhere in these Contract Documents. 1. Grit Cyclones and Classifiers. 2. Bar Screens. 3. Washer Compactors. 4. NPW Pump. 5. Medium Voltage Switchgear. 6. Instrumentation. 7. HVAC Equipment. 8. Hot Water Generator. 9. Slide Gates. 1 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 FULFILLMENT OF SPECIFIED MINIMUM SERVICES 1 • 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. B i time te s necessary in excess of that stated in the Specifications for • Where viv v 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 1 services shall include: 1. Assistance during product (system, subsystem, or component) 1 installation to include observation, guidance, instruction of Contractor's assembly, erection, installation or application procedures. 1 1 MANUFACTURERS' SERVICES CVO/391538A 01640 - 2 JUNE 2010 1 DURHAM PHASE 5B1 -- 2. Inspection, checking, and adjustment as required for product (system, - I 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 1 A. When specified in individual specification section, submit prior to shipment of product or material. 1 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. 1 1 1 CVO/391538A MANUFACTURERS' SERVICES JUNE 2010 01640 - 3 DURHAM PHASE 5B1 3.04 TRAINING A. General: 1. Furnish manufacturers' representatives for detailed classroom and hands -on training to Owner's personnel on operation and maintenance 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 s stems that require training services and '. P Y q g show: a. Respective manufacturer. b. Estimated dates for installation completion. c. Estimated training dates. 0 • 2. Allow for multiple sessions when several shifts are involved. 1 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. 1 MANUFACTURERS' SERVICES CVO/391538A 01640 - 4 JUNE 2010 DURHAM PHASE 5B1 D. Prestartup Training: 1 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. 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. 1 END OF SECTION 0 1 1 1 1 1 1 1 1 CVO/391538A MANUFACTURERS' SERVICES 1 JUNE 2010 01640 -5 • DURHAM PHASE 5B 1 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. 1 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). 1 C. Safety Considerations: Identify and describe all safety considerations and 01 procedures pertinent to the equipment or system provided (i.e., lockout/tagout procedures, protection from moving parts, etc.). D. Detailed Component Description: 1 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 1. Define recommended systematic troubleshooting procedures. 2. Provide component - specific troubleshooting checklists. CVO/391538A MANUFACTURERS' SERVICES JUNE 2010 01640 SUPPLEMENT - 1 DURHAM PHASE 5B 1 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 O n" 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 „ 1 1 1 1 1 1 1 MANUFACTURERS' SERVICES CVO/391538A 01640 SUPPLEMENT - 2 JUNE 2010 DURHAM PHASE 5B1 i 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 1. Submit details of proposed construction before cutting and patching construction commences affecting: 01 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, patching, alteration, or excavation. ' PART 2 PRODUCTS 2.01 MATERIALS 1 A. Comply with specifications and standards for products involved. ' PART 3 EXECUTION 3.01 PREPARATION 1 A. Provide adequate temporary support as necessary to ensure structural integrity of affected portion of Work. B. Provide devices and methods to protect other portions of Project from damage and persons from injury. 1 CVO/391538A CUTTING AND PATCHING JUNE 2010 01732 - 1 DURHAM PHASE 5B1 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. Cut, Fit, and Patch when required to: 1 1. Make several parts fit together properly. 2. Remove and replace construction not conforming to Contract 1 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. B. Execute cutting and demolition by methods which will prevent damage and 1 will provide proper surfaces to receive installation of repairs. C. 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. D. 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. 1 E. Grouting Pipes in Place: 1. Sandblast concrete surfaces and thoroughly clean sand and other foreign material from surfaces prior to placing grout. 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. 1 CUTTING AND PATCHING CVO/391538A 01732 -2 JUNE 2010 DURHAM PHASE 5B1 F. Connections to Existing Pipes: - - 1 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. G. Rehabilitate all areas affected by removal of existing equipment, equipment pads and bases, piping, supports, electrical panels, electric devices, and 1 conduits such that little or no evidence of the previous installation remains. 1. Fill areas in existing floors, walls, and ceilings from removed piping, 1 conduit and fasteners with non - shrink grout and finish smooth. 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 non - shrink grout to match adjacent grade and finish. 1 3. Terminate abandoned piping and conduits with blind flanges, caps, or plugs. 011/ H. 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 fmished surface, cut reinforcement 2 inches below the surface, paint ends with ' epoxy, and patch holes with dry pack mortar. END OF SECTION 1 1 1 1 CVO /391538A CUTTING AND PATCHING JUNE 2010 01732 - 3 DURHAM PHASE 5B1 SECTION 01738 SELECTIVE DEMOLITION ' PART 1 GENERAL 1.01 SUMMARY 1 A. Section Includes: Demolition of portions of structures. 1.02 SUBMITTALS • 1 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. 1 2. Method of removing embedded relics and antiques. B. Submittals for Information Only: 1 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 1.03 REGULATORY REQUIREMENTS A. Dispose of debris in accordance with governing regulatory agencies. 1 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 1 information. 1.04 ENVIRONMENTAL REQUIREMENTS 1 A. Do not interfere with use of adjacent buildings. Maintain free and safe passage to and from adjacent buildings. ' B. Prevent movement, settlement or collapse of structures [adjacent services, sidewalks, driveways and trees]. Provide and place bracing or shoring. CVO/391538A SELECTIVE DEMOLITION JUNE 2010 01738 - 1 M PHASE 5B1 DURHAM 5 Assume liability for movement, settlement or collapse. Promptly repair 1 damage. C. Cease operations and notify Engineer immediately when safety of structure appears to be endangered. Take precautions to properly support structure. Do 1 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 1 A. Arrange and pay for capping and plugging utility services. Disconnect and stub off. Notify affected utility company in advance and obtain approval 1 before starting demolition. B. Place markers to indicate location of disconnected services. 1 1.06 MAINTAINING TRAFFIC A. Do not close or obstruct roadways without permits. 1 B. Conduct operations with minimum interference to public or private roadways. 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 the 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. G. Provide and maintain protective devices to prevent injury from falling objects. SELECTIVE DEMOLITION CVO/391538A 01738 - 2 JUNE 2010 DURHAM PHASE 5B1 1 H. Locate and rails in stairwells and around open shafts to protect workers. � p p 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. 1 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 - 1 installed. 1.08 DEMOLITION 1 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 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. 1 F. Remove trees and shrubs within marked areas, clear undergrowth and dead plant material as specified in Section 02200, Site Clearing. 1 G. Backfill open pits and holes caused by demolition as specified in Section 02316, Fill and Backfill. 1 H. Rough grade areas affected by demolition. 1 I. Remove demolished materials, tools, and equipment upon completion of demolition. 1.09 REPAIR A. Repair damage caused by demolition. 1 1 CVO/391538A SELECTIVE DEMOLITION JUNE 2010 01738 - 3 DURHAM PHASE 5B1 2 PRODUCTS (NOT USED) PART O (N ) PART 3 EXECUTION (NOT USED) 1 END OF SECTION 1 1 1 1 • ■ SELECTIVE DEMOLITION CVO/391538A 01738 - 4 JUNE 2010 , DURHAM PHASE 5B1 SECTION 01756 TESTING, TRAINING, AND FACILITY STARTUP PART 1 GENERAL ' 1.01 DEFINITIONS 1 A. Reference Section 01640, Manufacturers' Services. B. Reference Section 13400, Instrumentation and Control for Process Systems, 1 for additional instrumentation and control system requirements. C. Factory Testing: A test or tests conducted on an equipment item or system at 1 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 01 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 of the integrated system. U 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. 1 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 1 subsystems as well as several types of equipment. An example of a unit process and subsystems on this Project is: ' 1. Grit Classifiers /Cyclones Subsystem. 2. Bar Screens Subsystem. 3. Washer Compactors Subsystem. ' 4. Sluice Subsystem. 5. Medium Voltage Switchgear. 1 CVO/391538A TESTING, TRAINING, AND JUNE 2010 FACILITY STARTUP 1 01756 -1 DURHAM PHASE 5B1 6. NPW Pump. 7. HVAC Equipment. 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. 1 3. Certifications of Calibration: Testing equipment. TESTING, TRAINING, AND CVO/391538A 1 FACILITY STARTUP JUNE 2010 01756 - 2 ' I DURHAM PHASE 5B1 4. Record Drawings: Accurate and current markups of electrical record I g p drawings. B. Informational Submittals: 1 1. Factory Testing: Provide written notification at least 15 days prior to any factory testing. 2. Facility startup plan and schedule for project describing all procedures I 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 I daily or hourly basis as appropriate. Provide updated 14 -day schedule weekly or when changes to schedule occur. I 4. Provide detailed sub - network of Progress Schedule with the following activities identified: a. Manufacturer's services. I b. Installation certifications. c. Operator training. d. Submission of Operation and Maintenance Manual. I 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 I parameters. 6. Provide summary of shutdown requirements for existing systems which are necessary to complete startup of new equipment and systems. I 7. Revise and update startup plan based upon review comments, actual progress, or to accommodate changes in the sequence of activities. I 1.03 CONTRACTOR FACILITY STARTUP RESPONSIBILITIES A. General: 1 1. Perform all Work for functional and performance test specified. 2. Demonstrate proper function of each component and feature of all I equipment, systems, and control devices. 3. Complete all Work associated with the unit and related processes before testing, including related manufacturer's representative services. I 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 1 in testing. 1 CVO/391538A TESTING, TRAINING, AND JUNE 2010 FACILITY STARTUP 1 01756 - 3 DURHAM PHASE 5B1 • 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 liquids required, facilities' operations interface, and other required Engineer and Owner involvement. 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: 1 a. Demonstrate equipment meets specified performance requirements. 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. 1 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 1 TESTING, TRAINING, AND CVO/391538A FACILITY STARTUP JUNE 2010 01756 - 4 1 DURHAM PHASE 5B1 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 ' 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. 1 2. Witness testing or review testing documentation. 3. Coordinate other plant operations, if necessary, to facilitate Contractor's tests. 01 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. CVO/391538A TESTING, TRAINING, AND JUNE 2010 FACILITY STARTUP ' 01756 -5 DURHAM PHASE 5B1 1.05 CERTIFICATE OF PROPER INSTALLATION A. At completion of Functional Testing, furnish written report prepared and 1 signed by manufacturer's authorized representative, certifying equipment: 1. Has been properly installed, adjusted, aligned, and lubricated. 1 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, calibrated, and functioning. 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, 1 electrical and instrumentation equipment. Utilize manufacturer's representatives to conduct training sessions. 1 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. 1 TESTING, TRAINING, AND CVO/391538A FACILITY STARTUP JUNE 2010 01756 - 6 DURHAM PHASE 5B1 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) 1 PART 3 EXECUTION 3.01 GENERAL SEQUENCE OF FACILITY STARTUP ACTIVITIES 1 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. 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. 01 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 CVO/391538A TESTING, TRAINING, AND JUNE 2010 FACILITY STARTUP 1 01756 -7 • DURHAM PHASE 5B1 identified in individual This testing may components as ident dual specifications. h s test g y 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 1 completion list provided by the Engineer. 3.02 TESTING PREPARATION A. General: 1. Schedule and attend pretest meetings related to test schedule, plan of 1 test, materials, chemicals, and liquids required, facilities' operations interface, Engineer and Owner involvement. 2. Provide temporary valves, gauges, piping, test equipment and other 1 materials and equipment required to conduct testing. B. Cleaning and Checking: Prior to starting functional testing: 1 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, 01 improper functioning. ctioning. ; 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 1 Division 15, Mechanical. 9. Obtain completion of applicable portions of Equipment Supplier's Certificate of Installation. 1 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. 1 3. Flush fuel system and provide fuel for testing and startup. 4. Install and adjust packing, mechanical seals, O -rings, and other seals. Replace defective seals. 1 TESTING, TRAINING, AND CVO/391538A 1 FACILITY STARTUP JUNE 2010 01756 -8 1 DURHAM PHASE 5B1 rts or other foreign objects ' 5. Remove temporary supports, bracing, gn � 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. Adjust V -belt tension and variable pitch sheaves. 9. 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. ' 10. Tighten leaking flanges or replace flange gasket. Inspect screwed joints for leakage. 11. Install gratings, safety chains, handrails, shaft guards, and sidewalks ' prior to operational testing. 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 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. 1 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. CVO/391538A TESTING, TRAINING, AND JUNE 2010 FACILITY STARTUP 1 01756 -9 DURHAM PHASE 5B1 4. Receipt of Equipment Suppliers 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 1 Contractor. B. Engineer will be present during test. Notify in writing Owner, Engineer, and 1 manufacturer's representative(s) at least 10 days prior to scheduled date of functional tests. C. Functionally test mechanical and electrical equipment, and instrumentation Y 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. Demonstrate of each instrument _ function �i__ - E. Lcmonsti'a�e proper operation of cacu iut�uuiiicnt loop iuuctioil 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. 1 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. 1 TESTING, TRAINING, AND CVO/391538A 1 FACILITY STARTUP JUNE 2010 01756 - 10 1 DURHAM PHASE 5B1 3.04 STARTUP TEST PERIOD 1 A. Test Reports: As applicable to the equipment furnished, certify in writing that: 1. Hydraulic structures, piping systems, and valves have been successfully 1 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. 011/ 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. 1 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. 1 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 1 CVO/391538A TESTING, TRAINING, AND JUNE 2010 FACILITY STARTUP 1 01756 - 11 DURHAM PHASE 5B1 14.10 of the General Conditions. Such o m accordance with paragraph 0 G Co operation S p 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 1 documented, and reports submitted, and manufacturers' services completed for training of Owner's personnel excluding post startup training. 3.08 SUPPLEMENTS A. The supplements listed below, following "End of Section," are a part of this 1 Specification: 1. Startup and Performance Evaluation Form. 2. Equipment Supplier's Certificate of Installation. 3. CWS Electrical, Instrumentation and Control Startup Standard Procedures. 1 END OF SECTION 1 1 1 1 1 1 1 TESTING, TRAINING, AND CVO/391538A FACILITY STARTUP JUNE 2010 01756 -12 1 DURHAM PHASE 5B1 STARTUP AND PERFORMANCE EVALUATION FORM OWNER: PROJECT: ' Unit Process Description: (Include description and equipment number of all equipment and devices): 1 1 1 Startup Procedure (Describe procedure for sequential startup and evaluation, including valves be opened /closed, order of equipment startup, etc.): PI 1 1 Startup Requirements (Water, power, chemicals, etc.): 1 Evaluation Comments: • • 1 1 CONTRACTOR Certification that Unit Process is capable of performing its intended 1 function(s), including fully automatic operation: Firm Name: ' Startup Representative: Date: , 20 (Authorized Signature) 1 END OF SUPPLEMENT 1 CVO/391538A TESTING, TRAINING, AND JUNE 2010 FACILITY STARTUP 1 01756 SUPPLEMENT - 1 DURHAM PHASE 5B1 EQUIPMENT SUPPLIER'S CERTIFICATE OF INSTALLATION 1 OWNER 1 PROJECT 1 CONTRACT NO. EQUIPMENT SPECIFICATION SECTION 1 EQUIPMENT DESCRIPTION ' , Authorized representative of (Print Name) (Print Manufacturer's Name) hereby CERTIFY that 1 (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: 1 Time: CERTIFIED BY: (Signature of Manufacturer's Representative) 1 Date: 1 END OF SUPPLEMENT 1 1 r CVO/391538A TESTING, TRAINING, AND NNE 2010 FACILITY STARTUP 01756 SUPPLEMENT - 1 DURHAM PHASE 5B 1 CWS ELECTRICAL, INSTRUMENTATION AND CONTROL I STARTUP STANDARD PROCEDURES District I Submittal By Field Execution By Witness Test Item Specifications Contractor(s) Contractor(s) (Yes /Optional) 1 Div 13 Pre - submittal conference I Agenda 2 Div 13 & 16 Initial set - Interconnection wiring I diagrams w/o approved submittals 3 Div 13 & 16 Construction set - I Interconnection wiring diagrams with final approved submittals • Pre - requisite: w/ I approved initial drawing set 4 Div 13 & 16 ORT 1 form filled out I • Pre - requisite: w/ approved construction drawing set 5 Div 13 Calibration form preparation • Pre - requisite: w/ approved submittal U 6 Div 13 Electrical continuity point -to- Optional point test (Pre -ORT 1) • Pre - requisite: Approved 1 ORT 1 form filled out 7 Div 13 MFR field calibrate and /or Optional certify proper equipment I installation and signed calibration and /or certification forms. I • Pre - requisite: Completed electrical continuity test. 8 Div 13 ORT 1 Demonstration Yes - with • Pre - requisite: Signed Owner I calibration /certification form Software by MFR field service reps. Developer & Engineer 1 1 1 CVO/391538A TESTING, TRAINING, AND JUNE 2010 FACILITY STARTUP I 01756 SUPPLEMENT - 1 DURHAM PHASE 5B1 District 1 Submittal By Field Execution By Witness Test Item Specifications Contractor(s) Contractor(s) (Yes /Optional) 9 Div 13 ORT 2 Demonstration - Yes - with Conduct by Owner Software Owner Developer & support by Software Contractor Developer • Pre - requisite: Signed ORT 1 forms by Contractor and Engineer 10 Div 13 & 16 Startup Yes - with • Pre - requisite: Completed Owner ORT 2 by Owner Software Software Developer Developer END OF SUPPLEMENT 1 1 • ■ . i TESTING, TRAINING, AND CVO/391538A 1 FACILITY STARTUP JUNE 2010 01756 SUPPLEMENT - 2 DURHAM PHASE 5B1 1 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 1. Existing Headworks Building. B. Final acceptance of the Work by the Owner will be withheld until the 1 Contractor has satisfactorily performed the final cleanup of the Site. 1.03 CLOSEOUT TIMETABLE 1 A. The Contractor shall establish dates for equipment testing, acceptance periods, and on -site instructional periods (as required under the Contract). Such dates ' shall be established not less than 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. 1 1.04 OPERATION AND MAINTENANCE MANUAL SUBMITTAL 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 1 CVO/391538A CLOSEOUT PROCEDURES 1 JUNE 2010 01770 - 1 DURHAM PHASE 5B1 1 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 under Article 14 of the General Conditions. 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 1 A. The Contractor, prior to requesting final payment, shall obtain and submit the 1 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 FINAL APPLICATION FOR PAYMENT A. Prior to the acceptance of the Work and final payment, the Owner will require 1 the Contractor to submit a certificate in form substantially as follows: 1. "I (We) hereby certify that all Work has been performed and materials 1 supplied in accordance with the Contract Documents for the above Work, and that: a. Not less than the prevailing rates of wages has been paid to laborers, workers and mechanics employed on this Work; b. All claims for material and labor and other services performed in connection with these Specifications have been paid; c. All monies due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund (ORS 279.510), the State Tax Commission (ORS 315.575, 316.711 and 316.714), hospital associations and/or others, (ORS 279.320), have been paid; d. All permit final inspections and approvals are complete; 1 CLOSEOUT PROCEDURES CVO/391538A 01770 -2 JUNE 2010 DURHAM PHASE 5B1 e. Contractor releases and discharges Clean Water Services of and 1 from all liabilities, claims, obligations and actions arising under the Contract; and f. Contractor and the surety for this Contract shall defend, indemnify ' and save Clean Water Services harmless from any liability or expense because of any claim on any Bond or any other claim related to the Contract or the Work." 1 1.07 CORRECTION OF DEFECTIVE WORK A. The Contractor shall comply with the defective Work correction requirements contained in Article 13 of the General Conditions. The correction period shall begin upon the Substantial Completion of entire Project. 1 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 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 one year Correction Period. The Contractor shall respond ' promptly to these requests. Should the Contractor fail to respond promptly, the Owner reserves the right to have the work performed by others and to back - charge the Contractor. 1 1.08 BOND A. The Contractor shall provide maintenance assurance to guarantee performance 1 of the provisions contained in Article Correction of Defective Work above, and Article 13 of the General Conditions. 1 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION CVO/391538A CLOSEOUT PROCEDURES JUNE 2010 01770 - 3 DURHAM PHASE 5B1 1 SECTION 01782 OPERATION AND MAINTENANCE DATA PART 1 GENERAL ' 1.01 GENERAL 1 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. O &M 1 information, instructions and data shall be provided for each maintainable material and piece of equipment. Operation and maintenance information, instructions, and data shall hereinafter be referred to as O &M Manual. 1. Provide an O &M Manual submittal per specification section as indicated in the Specifications. 1.02 SUBMITTALS 1 A. Submit six copies of all manufacturer's operation and maintenance data. B. Number the transmittal for and O &M Manual with the original root number of the approved shop drawing for the item. C. Submit 3 copies until approval is received. Submit 5 final copies after 1 approval is received. D. Submit 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 binders with rigid covers. Provide binders with title and submittal number on front and spine of binder. Tab each section of manuals for easy reference with plastic - 1 coated dividers. Provide index for each manual. Provide plastic sheet lifter prior to first page and following last page. E. Reduce drawing or diagrams bound in manuals to an 8 -1/2 by 11 -inch or 11- by 17 -inch size. However, where reduction is not practical to ensure readability, fold larger drawings separately and place in vinyl envelopes ' which are bound into the binder. Identify vinyl envelopes with drawing numbers. F. Enclose one electronic copy of O &M Manual in each hard -copy version. Electronic documentation shall be provided on standard CD -ROM media capable of being read by standard PC CD -ROM drives. All documents shall be provided in Adobe Systems portable document format (PDF). The resulting documents shall be viewable with Adobe Reader Version 5.0 or later. The PDF documents shall be produced using the postscript printer driver engine 1 CVO/391538A OPERATION AND MAINTENANCE DATA 1 JUNE 2010 01782 - 1 DURHAM PHASE 5B1 at 5.0 or later. within Adobe Acrobat . Docu ments shall not be scanned unless no electronic form of the document exists. In such cases and with approval of the Owner, the document shall be scanned in color, at 100 percent image scaling and a resolution of 300 dpi. All PDF files shall be text captured, image with hidden text, optimized, searchable and indexable using the Adobe Acrobat Catalog engine. G. Transmittal Content: 1. Submission of O &M Manuals is applicable but not necessarily limited to: a. Major equipment. b. Equipment used with electrical motor loads of 1/6 hp nameplate or greater. c. Specialized equipment including valves and instrumentation and control system components for HVAC and process systems such as meters, recorders, and transmitters. d. Valves greater that 6 -inch diameter. e. Water control gates. 2. , Prepare O &M Manuals to include, but are not necessarily limited to, the following detailed information, as applicable: a. Equipment function, normal operating characteristics, limiting operations. b. Assembly, disassembly, installation, alignment, adjustment, and checking instructions. c. Operating instructions for startup, routine and normal operation, regulation and control, shutdown, and emergency conditions. d. Lubrication and maintenance instructions. e. Guide to "troubleshooting." ' f. Parts list and predicted life of parts subject to wear. g. 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. h. Test data and performance curves. i. A list of recommended spare parts with a price list and a list of spare parts provided under these specifications. j. Copies of installation instructions, parts lists or other documents packed with equipment when delivered. 1.03 EQUIPMENT DATA SHEETS 1 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 OPERATION AND MAINTENANCE DATA CVO/391538A 01782 - 2 - JUNE 2010 DURHAM PHASE 5B1 are attached for reference. The Contractor shall use an electronic version of the equipment data sheet as provided by the Owner for submissions. PART 2 PRODUCTS 2.01 GENERAL A. O &M Manuals shall include the names, addresses, and telephone numbers of 1 the manufacturer, nearest representative, and nearest supplier of parts. 2.02 OPERATING INSTRUCTIONS 1 A. Instructions, procedures, and illustrations shall be provided for the following phases of operation as applicable: 1. Safety precautions. 2. Operator prestart. ' 3. Startup, shutdown, and post shutdown. 4. Normal operations. 5. Emergency operations. ' 6. Operator service requirements. 7. Environmental conditions. 2.03 PREVENTATIVE MAINTENANCE A. The following preventative maintenance data shall be provided. 1 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. 1 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. 1 1 CVO/391538A OPERATION AND MAINTENANCE DATA JUNE 2010 01782 - 3 DURHAM PHASE 5B1 2.05 APPENDICES A. The following additional information shall be provided: 1 1. Parts identification, including labeled exploded view illustrations and parts numbers. 1 2. Warranty information. 3. Personnel training requirements. 4. Testing equipment and special tool information. 1 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. 2. Sample Equipment Data Sheet. END OF SECTION 1 1 1 1 1 OPERATION AND MAINTENANCE DATA CVO/391538A 01782 - 4 JUNE 2010 DURHAM PHASE 5B1 EQUIPMENT DATA SHEET Preventive Maintenance and Operating Requirement Preventive Maintenance Program Equipment Record Number 1 EQUIPMENT DESCRIPTION ELECTRICAL OR MECHANICAL DATA Name: Size: Tag No. ' Serial No.: Model: Vendor: ' Vendor Address: Type: Mfr.: Vendor Rep.: Voltage: Amps: Phone: Phase: Rpm: Maintenance work to be Done: Frequency* 1 OPERATING REQUIREMENTS AND REFERENCE 1 * D - daily, W - weekly, B - biweekly, M - monthly, Q - quarterly, S - semiannually, 1 A - annually 1 1 1 1 1 CVO/391538A OPERATION AND MAINTENANCE DATA 1 JUNE 2010 01782 SUPPLEMENT - 1 I DURHAM PHASE 5B1 ■ SAMPLE 1 EQUIPMENT DATA SHEET P reventive Maintenance and Operating Requirement Sheets 1 Preventive Maintenance Program Equipment Record Number EQUIPMENT DESCRIPTION ELECTRICAL OR MECHANICAL DATA 1 Name: Raw Sewage Pump No. 1 Size: 160 hp I Tag No.: P01 -1 Serial No.: 123456ABC Model: 140T Frame Vendor: ABC Pump Co. Serial No. 987654ZY Class F Insulation 1 W /Space Heater Vendor Address: Type: 1111 Pump Circle 1 Newport Beach, CA 92663 Mfr.: DEF Motors, Inc. Vendor Rep.: XYZ Equipment, Inc. Voltage: 460 ' Amps: 100 I Phone: 714/752 -0505 Phase: 3 Rpm: 1.800 Maintenance work to be Done: Frequency* 1. Operate all valves and check such things as a) bearing D 0 temperature, b) changes in running sound, c) suction and discharge gauge readings, d) pump discharge rate, and e) general condition of the drive equipment. I 2. Check packing. D 3. Checking pumping unit for any dust, dirt, or debris W (Continued on attached sheet) . I 4. Lubricate bearing frame and motor bearings (consult Q manufacturer's instructions for type of grease or oil) 5. Disassemble and change or repair the following a) impeller, b) A shaft sleeve, c) rotary seals, and d) sleeve bearings I OPERATING REQUIREMENTS AND REFERENCE For manufacturer's instructions regarding installation, operation, maintenance, and 1 troubleshooting of this equipment, see Volume , Section . * D - daily, W - weekly, B - biweekly, M - monthly, Q - quarterly, S - semiannually, 1 A - annually 1 1 1 CVO/391538A OPERATION AND MAINTENANCE DATA 1 JUNE 2010 01782 SUPPLEMENT - 1