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HomeMy WebLinkAboutR-1999-060 AGREEMENT TO PURCHASE SOFTWARE & HARDWARE, AND PROFESSIONAL INSTALLATION FOR RTU/SCADA SYSTEM TO BECOME Y2K COMPLIANT.RESOLUTION NO. R-99- GO A RESOLUTION . authorizing the City Manager to execute an agreement with TESCO Controls, Inc. whereby the City shall purchase all software and hardware, including all required professional installation services, to make the current RTU/SCADA system located at the Yakima Regional Wastewater Treatment Facility Y2K compliant, as a sole source purchase without calling for bids. WHEREAS, Article VI, Section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1.80 generally require that purchase of equipment, materials, or services in excess of $25,000 be done by competitive bid, subject to certain exceptions; and WHEREAS, the law recognizes a "sole source purchase" exception from these competitive bidding requirements when, due to the uniqueness of the product to be purchased and the fact that there is only one source, it would be futile to utilize competitive bidding for such product; and WHEREAS, the Wastewater Division needs to purchase certain software and hardware, including professional installation services, to make the current RTU/SCADA system located at the Yakima Regional Wastewater Treatment Facility Y2K compliant; and WHEREAS, an extensive search and investigation conducted by personnel from the Wastewater Division and HDR Engineering, Inc. reveals that the Y2K compliant software and hardware offered by TESCO Controls, Inc. is the only hardware and software that will easily integrate and is compatible with the Wastewater Division's current RTU/SCADA system without requiring the purchase of new programmable logic controllers at significant cost; and WHEREAS, TESCO Controls, Inc. is the only source for purchase of said software and hardware and is willing to sell the City said Y2K upgrades for the Wastewater Division's current RTU/SCADA system for approximately $153,045.36, including sales tax, in accordance with the attached contract; and WHEREAS, the City Council finds it would be futile to call for bids regarding Y2K upgrades to the Wastewater Division's current RTU/SCADA system since the only Y2K compliant software and hardware offered solely by TESCO Controls, Inc. is the only hardware and software that will easily integrate and is compatible with the Wastewater Division's current RTU/SCADA system without requiring the purchase of new programmable logic controllers at significant cost; and WHEREAS, the City Council finds that it is in the best interest of the City to authorize the City Manager to execute the attached agreement with TESCO Controls, Inc. for the purchase (lk)res/sole source/ wastewater/pm and installation of Y2K upgrades to the Wastewater Division's current RTU/SCADA system, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated agreement with TESCO Controls, Inc. for the purchase and installation of Y2K upgrades to the Wastewater Division's current RTU/SCADA system, for a price not to exceed $153,045.36, including sales tax, as a sole source purchase without calling for bids. ADOPTED BY THE CITY COUNCIL this ATTEST: City Clerk (Ik)res/sok source/ wastewater/ pm day of May, 1999. Puccinelli, Mayor City of Yakima, Washington TECHNICAL MEMORANDUM SCADA System Upgrades April 26, 1999 Prepared by John Koch Bill Ettlich HDR Engineering, Inc. City of Yakima, Washington TECHNICAL MEMORANDUM SCADA System Upgrades 1.1. Summary Supervisory Control and Data Acquisition (SCADA) provides process control and report generation functions at the wastewater treatment facility. The automation provided by the SCADA systems allows efficient utilization of manpower and resources The original SCADA system was supplied and installed by TESCO Controls in 1988. In the plant improvement contract of 1990, the SCADA system was expanded to include the dechlorination and odor control systems. Upgrades were made to the system in 1995 and the system was further expanded in the Headworks and Digester Improvement construction contract of 1996. The system software is UNIX/MS-DOS based which is not Y2K compliant nor can it be upgraded to operate after December 31, 1999. Existing system hardware, Compaq Model 486DX66, workstations are not Y2K compatible and require replacement. USEPA has issued directives advising facilities to upgrade and implement strategies to maintain operational readiness during the year 2000. On November 30, 1998, EPA issued an enforcement policy designed to encourage prompt testing of computer-related equipment to ensure that the Y2K computer bug does not impair environmental compliance. The compliance schedule is for repairs and corrections to be identified by June 30, 1999 and implementation completed by September 30, 1999. The problem has been identified at the wastewater treatment facility and this technical memorandum is the first step in a series of steps toward implementation. For the Wastewater Treatment Facility to remain in compliance with the NPDES permit, it is necessary to issue a Y2K compliant purchase order by May 10, 1999. 1.2 Introduction The existing SCADA system at the wastewater treatment plant is a propriety system as is the PLC/RTU system. Communication between the RTU's and SCADA system is not a modbus system but a proprietary Tesco Data Express protocol. An RS -485 network, fiber-optic network and a Peer to Peer Network accomplish communication between the existing SCADA system and RTU's. Should any of the communication links fail, the system will default to one of the standby backup modes. Five out of the twenty RTU's at the facility do not have an open architecture (readily available communication link) and cannot communicate with any other SCADA system except TESCO Controls without extensive modification or replacement. If another SCADA system were installed in the facility, the TESCO Liquitronic IV RTU's would require replacement or substantial modification to communicate with the new system. The estimated cost for just the hardware is $45,000, and reprogramming cost could exceed $100,000. Vendors have approached the City and have stated that they can upgrade the SCADA system and still use the existing PLC/RTU system. This is possible; however, the flexibility and versatility that the existing system now provides the operating personnel at the wastewater HDR ENGINEERING, INC. CITY OF YAKIMA, WA SCADA SYSTEM TECHNICAL MEMO PAGE 2 facility would be lost because any new SCADA system outside of the TESCO system could not communicate directly with 15 of the 21 RTU's. The communication protocol of the older style RTU's is proprietary. Five of the new style RTU's have an open architecture and can communicate directly with most SCADA systems if the SCADA system has the appropriate communication drivers. Respected and established instrumentation suppliers in the northwest have stated the difficult task in upgrading Yakima's system is the communication with the older style RTU's. Cost estimates for the communication link to provide the same level of versatility is $100,000 to $150,000. Lower cost SCADA systems maybe found, however, they may not be as robust, versatile and flexible as the current system nor the system being offered by TESCO. In order to guarantee that no communication or operational problems will occur on December 31, 1999, City staff and HDR investigated different means and methods to enhance the existing SCADA system to become Y2K compliant. TESCO was contact by HDR and the city staff to provide a proposal. HDR also received two unsolicited proposals from two local vendors, IC3E, Inc of Kennewick, WA and Royal Technologies, Inc. of Yakima, WA. HDR also reviewed the upgrade costs of two other i'ESCO SCADA installations similar in size to the Yakima system. These installations were San Juan Water District, Granite Bay, CA and Incline Village, CA. 1.3 System Design Criteria The existing SCADA system is a proprietary software design and configuration which is only serviceable by TESCO. The replacement SCADA system software will be an open nonproprietary architecture which will allow for future expansion using any model of programmable logic controller (PLC) or remote terminal units (RTU's). The software will also be commercially available from any instrumentation and control supplier. Since Microsoft is the leading operating system supplier, the software will be compatible with the latest Microsoft operating system platform. All hardware will also be compatible for the year 2000. 1.4 Evaluation of Systems The following systems were investigated and evaluated. • TESCO's installation at San Juan. • Bids for a Y2K compliant system at Incline Village • IC3E, Inc.'s proposal to the City of Yakima • Royal Technologies, Inc. proposal to the City of Yakima • TESCO's proposal to the City of Yakima HDR ENGINEERING, INC CITY OF YAKIMA, WA SCADA SYSTEM TECHNICAL MEMO PAGE 3 1.4.1 TESCO'S system at San Juan The San Juan system included hot standby central computers with hardware and peripherals. A Q a..,.l.,,. 95X/NT SCADA Tl A system with � R_ ___ __� Windows NT operating .. Si cgias SCADA ivhhchosoft operating system was installed. The Siteglas 95X/NT is USData's FactoryLink SCADA system with modules and enhanced communications drivers added by TESCO for communications with TESCO's Liquitronic RTU's. San Juan's system included the addition of a control console, communications system and radio transceivers that were additional cost items not required for the system being installed in Yakima. The total cost of this system was $286,969 which included the addition hardware worth approximately $49,000. A true cost comparison to the Yakima system would be $237,719. 1.4.2 TESCO'S system at Inclined Village Incline Village bid a replacement SCADA system including hot standby central computers with hardware and peripherals. The bid for a Siteglas 95X/NT SCADA system with Microsoft Windows NT operating system and new RTU's was $500,000. The RTU's were worth about $270,000 so a true cost comparison to the Yakima system would be $230,000. 1.4.3 IC3E, Inc. proposal IC3E, Inc. presented City staff and HDR a quotation to completely upgrade the SCADA system with a configuration compliant with the current system. Wonderware operating on a Window - NT platform would be the SCADA software system. IC3E clarified their quotation in a follow- up letter stating that no software or hardware costs were included, and the City would be responsible for the purchase of all hardware and software. For comparison purposes TESCO's professional services and labor of $56,000 can be compared to the IC3E, Inc. estimated cost of $109,625 for system integration services. Interfacing with the existing RTU system with another vendor's SCADA system who has not written the necessary software drivers for the communication protocol is a long and tedious process which can delay the scheduled implementation of this critical upgrade. IC3E, Inc. does not have a history of writing communication drivers for Liquitronic IV RT T'S as TESCO D a v V 66J uses their proprietary Tesco Data Express protocol. 1.4.4 Royal Technologies, Inc. proposal Royal Technologies, Inc. is a new startup company in the Yakima Valley, and their vice president is a former vice president of IC3E who also presented a proposal to the City. Their initial proposal was a brief summary for a SCADA system that did not offer any in depth detail on the complete hardware and software packages required to upgrade Yakima's system. Mr. Clayton Oldham of Royal Technologies Inc. was asked to provide the software and hardware he proposes for use on this project. Royal Technologies, Inc. did provide additional information and their proposed hardware and software is of a lesser quality than TESCO's. Royal HDR ENGINEERING, INC. CITY OF YAKIMA, WA SCADA SYSTEM TECHNICAL MEMO PAGE 4 Technologies. Inc. did not provide a schedule as requested; as a result, an evaluation on their capability to complete the project in a timely manner and by December 1999 cannot be made. Interfacing with the existing RTU system with another vendor's SCADA system who has not written the necessary software drivers for the communication protocol is a long and tedious process which can delay the scheduled implementation of this critical upgrade. Royal Technologies, Inc. does not have a history of writing communication drivers for Liquitronic IV RTU's as TESCO uses their proprietary Tesco Data Express protocol. Another disadvantage of installing a SCADA system from a vendor other than TESCO will be the inability of the operations and maintenance personnel to make internal RTU program changes through the SCADA servers. Programming changes will require the personnel to go out in the plant and connect to the more than 20 individual RTU's with a portable computer. This is inconvenient and time consuming especially when more than one RTU program requires a minor change. 1.4.5 TESCO Controls, Inc. proposal Y2K compliance is required to maintain operational and reporting capability at the wastewater treatment facility. The issue for Yakima is to start over with a completely new system from the RTU's/PLC's through the SCADA software and hardware or continue using portions of the system that will function after year 1999. The RTU's have a successful history of operating since 1989 with very limited downtime and failures. The TESCO RTU's can be integrated into the proposed USData FactoryLink SCADA system by TESCO. Linking the existing RTU's into a new SCADA system is a key element in keeping the facility operational after year 1999. Any vendor can offer a SCADA system that is Y2K compliant; however, there is no guarantee that the existing RTU's can be integrated into a compliant system. TESCO's proposed SCADA system does have an open architecture that will allow for the addition of new PLC's from any of the major vendors such as Modicon, Squared D or Allen Bradley. This capability will allow the City to add PLC's to the system without being forced to rely on a sole source vendor such as TESCO, TSI or IC3E. Since the proposed operating platform, Microsoft Windows -NT, is different from the existing UNIX operating platform, the existing screens and reports cannot be converted directly to FactroyLink or NT. The screens and report formats will remain the same; however, both will require complete reconfiguration. This will be true no matter who is the SCADA system vendor. TESCO's proposed system is similar to the system installed at San Juan and bid for the Incline Village project with the major components being: • Two new central computers with USData's FactoryLink SCADA software on a Microsoft Windows -NT operating platform. • Hot -Standby software • Alarm Autodialer system • Historical database server with software • Installation and configuration labor TESCO can guarantee that their existing programmable logic controllers can be integrated into their SCADA system while offering the operating personnel the same flexibility and versatility that the current system now provides. HDR ENGINEERING, INC. CITY OF YAKIMA, WA SCADA SYSTEM TECHNICAL MEMO PAGE5 1.5 Evaluation of Cods Table 1-1 presents the costs of the three TESCO proposals for comparison to the Yakima system. Table i-1 Cost Comparison With Recent Competitive TESCO Proposals TESCO's Yakima Proposal TESCO's San Juan Proposal TESCO's Inclined Village Project $ 153,045.36 $ 237,719 $ 230,000 when compared to the other TESCO systems recently installed or bid, the City of Yakima is receiving a discount in the range of 31 to 33%. Table 1-2 compares the Yakima TESCO proposal to the IC3E, Inc. IC3E, Inc. has stated that their proposal is for engineering services only and does not include any hardware or software. The comparison is for engineering services only. TESCO in their proposal did include engineering configuration service in the cost of each of the three serves quoted. These services were deducted from the hardware costs and added to the engineering/professional services costs. Table 1-2 Cost Comparison of Configuration/Professional Services TESCO IC3E $ 56,000 $109,635 IC3E, Inc. configuration and engineering services are almost double that of TESCO's services. It can be expected that the hardware and software costs will be similar for either vendor, as these costs are open market costs and are not influenced by proprietary configurations or agreements. 1.6 Implementation The control system at the Wastewater Treatment Plant must be fully operational by December 1, 1999 to allow the plant personnel to become familiar with the new and improved system prior to the critical date of December 31, 1999. TESCO has committed to have the new SCADA system fully operational on November 15, 1999 if they receive a purchase order prior to May 10, 1999. We have reviewed their attached schedule and believe it to be reasonable and prudent. HDR ENGINEERING, INC. CITY OF YAKIMA, WA SCADA SYSTEM TECHNICAL MEMO PAGE 6 1.7 Recommendations Purchasing the Y2K software and hardware to upgrade the Wastewater Treatment Plant Division's SCADA system is a necessity for the City to remain compliant with the NPDES permit issued by the Washington State Department of Ecology. TESCO is the current supplier of the SCADA system and is most familiar with the existing facility and installed software. TESCO should be issued a sole source purchase order for the following reasons: • TESCO is the only supplier of a SCADA system that can unequivocally guarantee that the existing PLC's/RTU's can be reused while offering the plant personnel the same level of versatility and flexibility. • Purchasing TESCO's SCADA system will guarantee the new communication drivers or PLC's/RTU's purchases will not be required. • Time is of the essence and TESCO can perform to have a system fully compliant and ready for December 31, 1999. If this system upgrade was issued for a public bid, the document preparation, advertisement, bid evaluation and bid award would delay the implementation schedule by at least 60 days. A 60 day delay is not acceptable as is does not allow for programming, testing, installation, startup and demonstration of the system prior to the December 31, 1999 deadline for DOE and EPA compliance. The City could be liable for $10,000 day fine should there be NPDES violations caused by a faulty or inoperative control system. • In a competitive bid situation in 1988 and 1995, TESCO was the lowest responsible/responsive bidder. Based on the information reviewed for this Technical Memorandum, TESCO again would mostly likely be the lowest responsible and responsive bidder. • TESCO's quotation is 30% less than other similar system supplied by TESCO to other facilities. • Installation of the TESCO system will insure the City that future expansions of the SCADA or RTU/PLC system can be done by any vendor. The open architecture of the proposed SCADA system will allow for the addition of any reputable vendor's PLC that has communication drivers written for FactoryLink. Communication drivers with the existing RTU's will be written by TESCO in this upgrade and should not require further modifications. The recommendation is to execute a Y2K Improvements contract with TESCO based on the 1995 SCADA System Improvements Contract documents to include the following software and hardware: 1. Primary SCADA Server Hardware: a. DELL Workstation 410 or 610 Server configured with the following minimum resources: 400 MHz Intel Pentium -II CPU, 512KB of ECC Cache, 100 MHz Front -Side Bus, 128MB of Sync DRAM, Adaptec 2940UW UltraWide SCSI Host Adapter, (1) 9GB Ultra/Wide SCSI -3 HDD, 3COM 3C905 10/100 TX Network Adapter, ATI Rage Pro Turbo AGP 2X Video Graphics Adapter w/4MB of SGRAM, 32X SCSI CD-ROM, 3.5" 1.44MB FDD, Sound Blaster Pro (ESS -1869) Audio, (2) Serial Ports, (2) USB Ports, (1) Parallel Port, Keyboard, Mouse, Mid -Tower Case. b. Intelligent 4 -Port DigiBoard. c. Installation and Configuration of DigiBoard. d. Complete Configuration of Above Hardware (OS & Drivers) including Operational Testing. HDR ENGINEERING, INC. CITY OF YAKIMA, WA SCADA SYSTEM TECHNICAL MEMO PAGE 7 2. Primary SCADA Server Software: a. USData's FactoryLink FCS Development SCADA Package, b. Microsoft Windows -NT Server V4.0 w/SP4. c. Microsoft SQL Server V7.0. d. Microsoft Office Professional. e. Symantec's Norton Diagnostic Utilities & Anti-Virus S/W. i PCAnywhere Remote Asynchronous Access Si`w. g. TESCO's RAPD Multi-Threaded Communications Server w/Advanced Diagnostics and Multi-Port Support. h. TESCO's WinBench PLC Programming Software w/IEC-1131-3 Support and Advanced Diagnostics. 3. 2" SCADA Server Hardware: a. DELL workstation 410 or 610 Server configured with the following minimum resources: 400 MHz Intel Pentium-Ii CPU, 512KB of ECC Cache, 100 MHz Front-Side Bus, 128MB of Sync DRAM, Adaptec 2940UW Ultra/Wide SCSI Host Adapter, (1) 9GB Ultra/Wide SCSI-3 HDD, 3COM 3C905 10/100 TX Network Adapter, T1 Rage Pro Turbo uroo tuT zX Video uraphics Ad apter w/4MP of SGRAM, 32X SCSI CD-ROM, 3.5" 1.44MB FDD, Sound Blaster Pro (ESS-1869) Audio, (2) Serial Ports, (2) USB Ports, (1) Parallel Port, Keyboard, Mouse, Mid-Tower Case. b. Intelligent 4-Port DigiBoard. c. Installation and Configuration of DigiBoard. d. Complete Configuration of Above Hardware (OS & Drivers) including Operational Testing. 4. 2"d SCADA Server Software: a. USData's FactoryLink ECS R/T SCADA Package. b. Microsoft Windows -NT Server V4.0 w/SP4. c. Microsoft SQL Server V7.0. d. Microsoft Office Professional. e. Symantec's Norton Diagnostic Utilities & Anti-Virus S/W. f. PCAnywhere Remote Asynchronous Access S/W. g. TESCO's RAPD Multi-Threaded Communications Server w/Advanced Diagnostics and Multi-Port Support. h. TESCO's WinBench PLC Programming Software w/IEC-1131-3 Support and Advanced Diagnostics. 5. Enterprise System Software: a. Qty. of (2) USData's (3-User) " WEB client" Packages. b. Qty. of (1) TESCO's Enterprise Hot-Standby System Software w/Full Redundancy Package. 6. Alarm Autodialer Subsystem: a. Qty. of (2) SCADAIarm S/W Packages. b. Qty. of (2) Special Hayes " SCADAIarm" Modems. 7. Communications Server Subsystem: a. Shiva 4-Port Communications Server. b. Qty. of (2) POTS Modems (56Kbps). 8. Miscellaneous Networking Hardware: a. 16-Port 10Base-T Network Hub. b. Thinnet & Cat-5 LAN Cables. c. Connectors, Tees, Barrels, Etc. 9. LAN-Connected System Printers: a. Qty. of (2) Alarm & Event Printers (Panasonic KX-P38)0Wide-Carriage Dot- Matrix Printer). b. Hewlett-Packard Printer Server (3-Port). 10. Historical Database Server (HDS) Hardware: HDR ENGINEERING, INC. CITY OF YAKIMA, WA SCADA SYSTEM TECHNICAL MEMO PAGE 8 a. DELL Workstation 410 or 610 Server configured with the following resources: 400 MHz Intel Pentium -II CPU, 512KB of ECC Cache, 100 MHz Front -Side Bus, 256MB of Sync DRAM, Adaptec 2940UW Ultra/Wide SCSI Host Adapter, (2) 9GB Ultra/Wide SCSI -3 HDD's, 3COM's 3C905 10/100 TX Network Adapter, ATI Rage Pro Turbo AGP 2X Video Graphics Adapter w/8MB of SGRAM, 32X SCSI CD-ROM, 3.5" 1.44MB FDD, Sound Blaster Pro (ESS - 1869) Audio, (2) Serial Ports, (2) USB Ports, (1) Parallel Port, Keyboard, Mouse, & Mid -Tower Case. b. Additional 9GB HDD (see above). c. Hewlett-Packard 12/24GB DDS -3 DAT Tape Drive. d. Iomega 2GB JAZ Drive. e. Miscellaneous Supplies: 3 -Pack of 2GB JAZ Cartridges, 5 -Pack of DDS -3 Tapes, Etc. 11. Historical Database Server (HDS) Software: a. Microsoft Windows -NT Server V4.0 (5 -User) w/SP4. b. Microsoft SQL Server V7.0 Enterprise Edition w/5 -Client Access Licenses. c. Seagate Backup Exec Enterprise w/SQL Agent and Intelligent Disaster Recovery Option (Single Server Edition). d. Microsoft Office Professional (Excel & Access). e. Symantec's Norton Diagnostic Utilities & Anti -Virus S/W. f. TESCO's HDS Automation & System Management Package. 12. Professional Services/Labor: a. Systems Engineering and Testing Services. b. SCADA Configuration & Programming Services. c. Configuration of LAN/WAN Enterprise Networking including the Hub, LAN Print Server, and the Asynchronous Communications Server. d. Configuration of " SCADAIarm" Autodialer Package. e. Startup & Calibration Services. f. Project Management Services. g. PLC Programming Services if required h. Training Services (5 days). 13. Professional Services/Labor: a. SCADA Screen Configuration & Programming Services. The cost for this system including bonds, insurance and applicable WA states taxes is $153,045.36. HDR ENGINEERING, INC. CITY OF YAKIMA, WA SCADA SYSTEM TECHNICAL MEMO PAGE 9 CONTRACT MANUAL YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS IEXPIRES 2/22/2000 I I hereby certify that the contract Manual was prepared by me or under my direct supervision and that I am a duly registered Engineer under the laws of the State of Washington. I -IDR Engineering, Inc. Suite 1200 500 108th Avenue NE Bellevue, WA 98004 Telephone: 206 453-1523 Fax: 206 453-7107 TABLE OF CONTENTS Page 1 CONTRACT MANUAL YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS DIVISION 0 - CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00500 AGREEMENT 00610 PERFORMANCE AND PAYMENT BOND 00650 NOTICE TO PROCEED 00700 GENERAL CONDITIONS 00805 SUPPLEMENTARY CONDITIONS 00822 PREVAILING WAGE RATES DIVISION 1 - GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01060 SPECIAL CONDITIONS 01340 SHOP DRAWINGS, PRODUCT DATA & SAMPLES; OPERATION & MAINTENANCE MANUALS; AND MISCELLANEOUS SUBMITTALS 01560 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01600 PRODUCT DELIVERY, STORAGE, AND HANDLING 01710 CLEANING DIVISION 16 - ELECTRICAL 16010 ELECTRICAL: BASIC REQUIREMENTS YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS DIVISION 0 CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00500 -1 SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the day of May the year 1999 by and between the City of Yakima, hereinafter called OWNER, and TESCO Controls, Inc., hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents is generally described as follows: Regional Wastewater Treatment Facility (WWTF) SCADA System Y2K Improvements for the City of Yakima, Washington consisting of the upgrading all software and hardware of the RTU/SCADA system to be Y2K compliant and consisting of the following major elements and tasks: 1. Primary SCADA Server Hardware: a. DELL Workstation 410 or 610 Server configured with the following %ninimum resources: 400 MHz Intel Pentium -II CPU, 512KB of ECC Cache, 100 MHz Front -Side Bus, 128MB of Sync DRAM, Adaptec 2940UW UltraWide SCSI Host Adapter, (1) 9GB Ultra/VVide SCSI -3 HDD, 3COM 3C905 10/100 TX Network Adapter, ATI Rage Pro Turbo AGP 2X Video Graphics Adapter w/4MB of SGRAM, 32X SCSI CD- ROM, 3.5" 1.44MB FDD, Sound Blaster Pro (ESS -1869) Audio, (2) Serial Ports, (2) USB Ports, (1) Parallel Port, Keyboard, Mouse, Mid - Tower Case. b. Intelligent 4 -Port DigiBoard. c. Installation and Configuration of DigiBoard. d. Complete Configuration of Above Hardware (OS & Drivers) including Operational Testing. 2. Primary SCADA Server Software: a. USData's FactoryLink ECS Development SCADA Package. b. Microsoft Windows -NT Server V4.0 w/SP4. c. Microsoft SQL Server V7.0. d. Microsoft Office Professional. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 2 e. Symantec's Norton Diagnostic Utilities & Anti -Virus SAN. f. PCAnywhere Remote Asynchronous Access SAN. g. TESCO's RAPD Multi -Threaded Communications Server w/Advanced Diagnostics and Multi -Port Support. h. TESCO's WinBench PLC Programming Software w/IEC-1131-3 Support and Advanced Diagnostics. 3. 2"d SCADA Server Hardware: a. DELL workstation 410 or 610 Server configured with the following minimum resources: 400 MHz Intel Pentium-li CPU, 512KB of ECC Cache, 100 MHz Front -Side Bus, 128MB of Sync DRAM, Adaptec 294ni nni i SCSI Host Adapter, (1) 9GB ultrn.ANiriP SCSI -3 HDD, 3COM 3C905 10/100 TX Network Adapter, ATI Rage Pro Turbo AGP 2X Video Graphics Adapter w/4MP of SGRAM, 32X SCSI CD- ROM, 3.5" 1.44MB FDD, Sound Blaster Pro (ESS -1869) Audio, (2) Serial Ports, (2) USB Ports, (1) Parallel Port, Keyboard, Mouse, Mid- Tower Case. b. Intelligent 4 -Port DigiBoard. c. Installation and Configuration of DigiBoard. d. Complete Configuration of Above Hardware (OS & Drivers) including Operational Testing. 4. 2"d SCADA Server Software: a. USData's FactoryLink ECS R/T SCADA Package. b. Microsoft Windows -NT Server V4.0 w/SP4. c. Microsoft SQL Server V7.0. d. Microsoft Office Professional. e. Symantec's Norton Diagnostic Utilities & Anti -Virus SAN. f. PCAnywhere Remote Asynchronous Access SAN. g. TESCO's RAPD Multi Threaded Communications Server w/Advanced Diagnostics and Multi -Port Support. h. TESCO's WinBench PLC Programming Software w/IEC-1131-3 Support and Advanced Diagnostics. 5. Enterprise System Software: a. Qty. of (2) USData's (3 -User) "WEB client" Packages. b. Qty. of (1) TESCO's Enterprise Hot -Standby System Software w/Full Redundancy Package. 6. Alarm Autodialer Subsystem: a. Qty. of (2) SCADAIarm SAN Packages. b. Qty. of (2) Special Hayes "SCADAIarm" Modems. 7 Communications Server Subsystem: a. Shiva 4 -Port Communications Server. b. Qty. of (2) POTS Modems (56Kbps). 8. Miscellaneous Networking Hardware: a. 16 -Port 10Base-T Network Hub. b. Thinnet & Cat -5 LAN Cables. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 3 c. Connectors, Tees, Barrels, Etc. 9. LAN -Connected System Printers: a. Qty. of (2) Alarm & Event Printers (Panasonic KX-P38XX Wide -Carriage Dot -Matrix Printer). b. Hewlett-Packard Printer Server (3 -Port). 10. Historical Database Server (HDS) Hardware: a. DELL Workstation 410 or 610 Server configured with the following resources: 400 MHz Intel Pentium -II CPU, 512KB of ECC Cache, 100 MHz Front -Side Bus, 256MB of Sync DRAM, Adaptec 2940UW Ultra/Wide SCSI Host Adapter, (2) 9GB Ultra/Wide SCSI -3 HDD's, 3COM's 3C905 10/100 TX Network Adapter, ATI Rage Pro Turbo AGP 2X Video Graphics Adapter w/8MB of SGRAM, 32X SCSI CD-ROM, 3.5" 1.44MB FDD, Sound Blaster Pro (ESS -1869) Audio, (2) Serial Ports, (2) USB Ports, (1) Parallel Port, Keyboard, Mouse, & Mid -Tower Case. b. Additional 9GB HDD (see above). c. ViewSonic PT -775-2, 17" color Monitor. d. Hewlett-Packard 12/24GB DDS -3 DAT Tape Drive. e. Iomega 2GB JAZ Drive. f. Miscellaneous Supplies: 3 -Pack of 2GB JAZ Cartridges, 5 -Pack of DDS -3 Tapes, Etc. 11. Historical Database Server (HDS) Software: a. Microsoft Windows -NT Server V4.0 (5 -User) w/SP4. b. Microsoft SQL Server V7.0 Enterprise Edition w/5 -Client Access Licenses. c. Seagate Backup Exec Enterprise w/SQL Agent and Intelligent Disaster Recovery Option (Single Server Edition). d. Microsoft Office Professional (Excel & Access). e. Symantec's Norton Diagnostic Utilities & Anti -Virus S/W. f. TESCO's HDS Automation & System Management Package. 12. Professional Services/Labor: a. Systems Engineering and Testing Services. b. SCADA Configuration & Programming Services. c. Configuration of LAN/WAN Enterprise Networking including the Hub, LAN Print Server, and the Asynchronous Communications Server. d. Configuration of "SCADAIarm" Autodialer Package. e. Startup & Calibration Services. f. Project Management Services. g. PLC Programming Services if required h. Training Services (5 days). 13. Professional Services/Labor: a. SCADA Screen Configuration & Programming Services. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 4 CONTRACT IDENTIFICATION: Y2K Compliance. Article 2. ENGINEER The Project has been designed by HDR Engineering, Inc., 500 108th Avenue NE #1200, Bellevue, Washington 98004, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1. The work will be substantially completed in accordance with Paragraph 14.8 of Section 00700 within 136 consecutive calendar days after the date when the Contract Times commence to run. All work will be completed and ready for final payment in accordance with Paragraph 14.13 of Section 00700 - General Conditions within 166 consecutive calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of Section 00700 - General Conditions. They also recognize the delays, expense. and difficulties involved in proving the actual Toss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER in accordance with the formula LD = 0.20C/T where LD is the liquidated damages per working day (rounded to the nearest dollar), C is the original contract amount and T is the original time for completion. The CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after the time specified in Paragraph 3.1. above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.1. above for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after the time specified in Paragraph 3.1. above for completion and readiness for final payment. Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 5 Lump Sum Price of One hundred forty-one thousand eight hundred forty Dollars and zero Cents ($141,840.00), and Washington State Sales Tax (@ 7.9%) of Eleven thousand two hundred five Dollars and thirty-six Cents ($11,205.36) for a total Contract Price of One hundred fifty-three thousand forty-five Dollars and thirty-six Cents ($153,045.36). Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of Section 00700 - General Conditions. Applications for Payment will be processed by ENGINEER as provided in Section 00700 - General Conditions. Applications for Payment consist of three (3) pages (Contractor's Application and Certificate for Payment, Pages 1-3 Attached to this Agreement. CONTRACTOR shall submit signed partial release of lien from all Subcontractors and suppliers with second (2nd) and subsequent Applications for Payment for Work performed on previous Applications for Payment. 5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided in Paragraphs 5.1.1. and 5.1.2. below. All such payments will be based on an estimate of the work completed. 5.1.1. Prior to and upon substantial completion of the work, progress payments will be made in an amount equal to: 95 percent of the value of the work completed, and 95 percent of the value of the materials and equipment not incorporated in the work, but delivered and suitably stored, less in each case the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14.7 of Section 00700 - General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.13. of Section 00700 - General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. Article 6. INTEREST All moneys not paid when due as provided in Article 14 of Section 00700 - General Conditions shall bear interest as provided in RCW 39.76.010 and 39.76.020. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 6 Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents and the other related data identified in the Documents. 7.2. CONTRACTOR is familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 7.4. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR does not consider that any additional examinations, investigations, explorations, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, and all additional examinations, investigations, explorations, and data with the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Where conflicts, errors, ambiguities, or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 7 7.7 CONTRACTOR has not directly or indirectly induced or solicited any other to submit a false or sham Bid; CONTRACTOR has not solicited or induced any person, firm, or corporation to refrain from bidding; and CONTRACTOR has not sought by collusion to obtain for itself any advantage over any other or over OWNER. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following: 8.1. Section 00500 Agreement 8.2. Section 00610 Performance and Payment Bond 8.3. Section 00650 Notice to Proceed 8.4. Section 00700 General Conditions 8.5. Section 00805 Supplementary Conditions 8.6. Section 00822 Prevailing Wage Rates 8.7. General Requirements (Division 1) 8.8. Technical Specifications (Division 16) 8.9. Any modification including Field Order, Change Order, Work Directive Change or accepted Change Proposal Request which may be delivered or issued after the Effective Date of the Agreement. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraphs 3.5. and 3.6. of Section 00700 - General Conditions. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 8 Article 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of Section 00700 - General Conditions will have the meanings indicated in Section 00700 -General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Article 10. GOVERNING LAW 10.1 This Contract shall be deemed entered into in Yakima County, Washington, and V �� J the laws ...t 4L. Q4..a.. ..t 1Al.... L.'....+.... shall be governed by tl a IdwVs UI the OLdte UI V VdJI Ill gt.l I. 10.2 The venue for any legal action related to the Contract Documents shall be the Superior Court of the State of Washington for Yakima County. 10.3 The CONTRACTOR shall give such notices, file information, and pay taxes, deductions, and premiums as may be required by law and comply with all laws, ordinances, permit requirements, rules, and regulations pertaining to the conduct of the Work. The CONTRACTOR shall be liable for violations of same in connection with any portion of the Work provided by the CONTRACTOR and shall cooperate with all governmental entities regarding inspection of the Work in compliance with such requirements. If the CONTRACTOR observes that the portion of the Contract Documents is in conflict with any such laws, ordinances, permit requirements, rules, or YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 9 regulations, CONTRACTOR shall promptly notify the Engineer in writing of such conflict. The OWNER will promptly review the matter and, if necessary, issue a Change Order or take any other action necessary to bring about compliance with the law, ordinance, permit requirement, rule, or regulation in question if it is the responsibility of the OWNER; otherwise, the CONTRACTOR shall ensure such compliance. The CONTRACTOR shall not perform Work known to be contrary to any laws, ordinances, permit requirements, rules, or regulations. 10.4 OWNER shall pay for and CONTRACTOR shall secure any required City Building Permit. All other permits and licenses from governmental agencies that are necessary for ensuring the prosecution of the Work shall be secured and paid for by the CONTRACTOR. Article 11. WAGE RATES 11.1. The most recently published provisions of the State of Washington Department of Labor and Industries Prevailing Wage Rates are made a part of this agreement as completely as if the same were fully set forth herein. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. Article 12. OTHER PROVISIONS 12.1 In witness whereof, the parties hereto have signed this Agreement. One counterpart each has been delivered to Owner, Contractor, Sureties, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor. This Agreement will be effective on May , 1999 (which is the Effective Date of the Agreement). CONTRACTOR: By i e C. o,a.-ree..o\•4= ,.s C- . (Corporation name) (State of incorporation) (SEAL) YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS By (Si . ature of person authorized to sign) (Printed name) (Title) 00500 - 10 /4/be C�,W� /ICA it ��0 (SEAL) (Corporate Se --' ) Attest Add re3s: cretary) S4 34 5;-''D I��e ccs -g2.3 Address and phone number for receipt of official communications: Address: 3 434 Sp'41" Ave_ cc 6 ea Dzb Phone No.: C t C 3`ts - FaSca Surety is: e. .� s �.�r�c�w�e. C� wA.p� (Surety Name) Address: L1 ZSb �xecv�C�� t.) e_ 4e)erit Phone No.: D--toc� SSt. 7_6 C.) Washington State CONTRACTOR License No. Teuoc.,roalc Eich• 01/1B/11 YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS CITY OF YAKIMA By: R. A. Zais, Jr. Title: City Manager Attested: Address for giving notice: City of Yakima Wastewater Manager 129 North Second Street Yakima, WA 98901 END OF SECTION 00500 - 11 C¢rCONTRACT NO: 949---..,02f 4 RESOLUTION NO: /e — 99-60 YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS I O. 1 Contractor's ApplicG )n and Certificate for Payment To (Owner): City of Yakima 2220 East Viola Yakima, Washington 98901 From (Contractor)' rage 1 of 3 Via (Engineer) HDR Engineering, Inc. Owner's Project No.• Contractor's Project No. Engineer's Project No. For (Contract)• SCADA System Y2K Improvements Application No.. Application Period: Ication for laymen Change Order Summary Change Orders approved by Owner Additions Deductions Number Date Approved TOTALS NET CHANGE BY CHANGE ORDERS Contractor's Certification The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. Contractor: By: Date: FORM 111-4015-4 (May 91) Copyright 1991 HDR Engineering, Inc. 1. ORIGINAL CONTRACT SUM 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (Line 1 ± 2) 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate) 5. SALES TAX (7.9%) 6. TOTAL AMOUNT DUE TO DATE 7. RETAINAGE: 5% of Completed Work and Stored Material (Line 4) 8. AMOUNT ELIGIBLE TO DATE 9. LESS PREVIOUS PAYMENTS (Line 8 from prior Certificate) 10. AMOUNT DUE THIS APPLICATION 11. BALANCE TO FINISH, PLUS RETAINAGE (Column G on Progress Estimate) $ $ $ $ Payment of l$ HDR Engineering, Inc. Iis recommended. By: Date: h a Contractor's Progress timate (}For (contract). SCADA System Y2K Improvements Application Number Application Period: Application Date: A B C D E F G Item Scheduled Value Work Completed Materials Presently Stored (not in C or D) Total Completed and Stored to Date (C+D+E) % (B) Balance to Finish (B -F) Spec. Sect. No. Uescription (-rom Previous Application (C+DI !his Period 1 otals FORM III-4015-4.FRM (Ver 1 1 May 91) Copyright 1991 HDR Engineering, Inc. I Da Stored Material mmary For (contract): SCADA System Y2K Improvements Application Number Page 3 of 3 Application Period: Application Date: Invoice No. Shop Drawing Transmittal No. Materials Description Stored Previously bate (Month/Year) Stored this Month Incorporated in Work Amount ($) Amount ($) Subtotal Date (Month/Year) Amount ($) Materials Remaining in Storage ($) FORM 11I-4015-4.FRM (Ver 11 May 91) Copyright 1991 HDR Engineering, Inc. 11111 ISSUES & TRENDS WASTEWATER SCADA improves city's monitoring system By the mid-1990s, it was apparent that Albany, Ga., had a serious problem. The SCADA (Supervisory Control and Data Acquisition) network at its aging wastewater treat- ment plant was failing and needed to be replaced. The system, installed in 1981, monitored alarm condi- tions at 80 unattended lift stations and an additional 18 sta- The central processor, located in the treatment plant, communicates with a Pentium -based PC. The PC runs un- der Windows NT software and is dedicated as a SCADA system with an operator interface configured with Factory Link software from U.S. Data, Richardson, Texas. An Eth- ernet connection allows a similarly configured PC in the nearby shop building to access the same system. Under the previous system, two stations that pumped combined wastewater and stormwater had electrically acti- vated gate valves to divert water to the nearby Flint River during flood emergencies. The RTU at each station had two discrete inputs to monitor gate po- sitions and two discrete outputs to control the opening and closing of the gates. Those gates are no longer used, and the combined sewers have been separated. "We did a sort of bare -bones in- stallation to begin with, but we wanted the capability for expan- sion," says Albany Superintendent Larry Wert. "The program and the units can do much more than what we're currently asking of them." The expansion capability was a major requirement for the RTUs. Each can be expanded in modular fashion to accommodate additional discrete and analog signals for con- ditions such as flow rate, motor temperature and vibration. Each also can handle a variety of intelli- gent local control functions, such as periodic actuation of ventilator fans, that might be implemented at a later time. The system as installed could have up to 246 RTUs. "Our old system was hard to fix because everything was proprietary," says Site Manager Brian Johnson. "We were looking for something we could depend on, with off-the- shelf parts. This system fits our profile, and it's flexible, so we can expand it over a period of time." 425.225 Mhz (UHF) signal MDLC protocol Approximately 100 lift stations "Store & Forward" relay function Wastewater Plant Shop Building Wet well high level Water in dry well Door open Authorized key switch AC power failure Other discrete & analog I/O RTUs with two-way FM radio communications extend signals to units that are situated far from the central site. tions devoted to collection of stormwater. Because the city of 78,000 was sending about 20 million gallons per day through the system to the plant, it was critical that the SCADA system work properly. Consequently, the city chose Revere Control Systems, Birmingham, Ala., to provide a new system. Installation be- gan in July 1996 and was completed in about six months. The new system includes a central communications processor and remote terminal units (RTUs) from Schaum- burg, I11. -based Motorola. The RTUs feature two-way FM radio communication; their "store -and -forward" feature al- lows each RTU to act as a relay station, extending signals to units that are unable to reach the central site directly be- cause of distance or line -of -sight obstructions. 16 April 1999 PARKS & RECREATION Bridges extend access to wildlife trail Mountain View, Calif., recently completed a $5 million project to join previously impassable portions of the Stevens Creek Trail and Wildlife Corridor. San Francisco Bay area pedestrians, joggers, bicyclers and skaters now enjoy unin- terrupted access to the trail, which runs from the bay to downtown Mountain View. AMERICAN CITY & COUNTY CONTRACT MANUAL YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS EXPIRES 2/ 22/ 2000 I hereby certify that the contract Manual was prepared by me or under my direct supervision and that I am a duly registered Engineer under the laws of the State of Washington. HDR Engineering, Inc. Suite 1200 500 108th Avenue NE Bellevue, WA 98004 Telephone: 206 453-1523 Fax: 206 453-7107 TABLE OF CONTENTS Page 1 CONTRACT MANUAL YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS DIVISION 0 - CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00500 AGREEMENT 00610 PERFORMANCE AND PAYMENT BOND 00650 NOTICE TO PROCEED 00700 GENERAL CONDITIONS 00805 SUPPLEMENTARY CONDITIONS 00822 PREVAILING WAGE RATES DIVISION 1 - GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01060 SPECIAL CONDITIONS 01340 SHOP DRAWINGS, PRODUCT DATA & SAMPLES; OPERATION & MAINTENANCE MANUALS; AND MISCELLANEOUS SUBMITTALS 01560 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01600 PRODUCT DELIVERY, STORAGE, AND HANDLING 01710 CLEANING DIVISION 16 - ELECTRICAL 16010 ELECTRICAL: BASIC REQUIREMENTS YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS DIVISION 0 CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00500 - 1 SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the day of May the year 1999 by and between the City of Yakima, hereinafter called OWNER, and TESCO Controls, Inc., hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents is generally described as follows: Regional Wastewater Treatment Facility (WWTF) SCADA System Y2K Improvements for the City of Yakima, Washington consisting of the upgrading all software and hardware of the RTU/SCADA system to be Y2K compliant and consisting of the following major elements and tasks: 1. Primary SCADA Server Hardware: a. DELL Workstation 410 or 610 Server configured with the following minimum resources: 400 MHz Intel Pentium -II CPU, 512KB of ECC Cache, 100 MHz Front -Side Bus, 128MB of Sync DRAM, Adaptec 2940UW UltraWide SCSI Host Adapter, (1) 9GB Ultra/Wide SCSI -3 HDD, 3COM 3C905 10/100 TX Network Adapter, ATI Rage Pro Turbo AGP 2X Video Graphics Adapter w/4MB of SGRAM, 32X SCSI CD- ROM, 3.5" 1.44MB FDD, Sound Blaster Pro (ESS -1869) Audio, (2) Serial Ports, (2) USB Ports, (1) Parallel Port, Keyboard, Mouse, Mid - Tower Case. b. Intelligent 4 -Port DigiBoard. c. Installation and Configuration of DigiBoard. d. Complete Configuration of Above Hardware (OS & Drivers) including Operational Testing. 2. Primary SCADA Server Software: a. USData's FactoryLink ECS Development SCADA Package. b. Microsoft Windows -NT Server V4.0 w/SP4. c. Microsoft SQL Server V7.0. d. Microsoft Office Professional. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - e. Symantec's Norton Diagnostic Utilities & Anti -Virus S/W. f. PCAnywhere Remote Asynchronous Access S/W. g. TESCO's RAPD Multi -Threaded Communications Server w/Advanced Diagnostics and Multi -Port Support. h. TESCO's WinBench PLC Programming Software w/1EC-1131-3 Support and Advanced Diagnostics= 3. 2"d SCADA Server Hardware: a. DELL workstation 410 or 610 Server configured with the following minimum resources: 400 MHz Intel Pentium-li CPU, 512KB of ECC Cache, 100 MHz Front -Side Bus, 128MB of Sync DRAM, Adaptec nnAnl 1\n/ 1 IIL.._AA/:.J_ c'r r'l LJ__L A-1__1_- /A\ nnn 1 111.._An/:-1_ c'nc'I n LU'-FVUVV UILICI/VVIUC OL I null /1udpLC!, k 1) 7VD L11.1d/VVIUC HDD, 3COM 3C905 10/100 TX Network Adapter, ATI Rage Pro Turbo AGP 2X Video Graphics Adapter w/4MP of SGRAM, 32X SCSI CD- ROM, 3.5" 1.44MB FDD, Sound Blaster Pro (ESS -1869) Audio, (2) Serial Ports, (2) USB Ports, (1) Parallel Port, Keyboard, Mouse, Mid - Tower Case, b. Intelligent 4 -Port DigiBoard. c. Installation and Configuration of DigiBoard. d. Complete Configuration of Above Hardware (OS & Drivers) including Operational Testing. 4. 2"d SCADA Server Software: a. USData's FactoryLink ECS R/T SCADA Package. b. Microsoft Windows -NT Server V4.0 w/SP4. c. Microsoft SQL Server V7.0. d. Microsoft Office Professional. e. Symantec's Norton Diagnostic Utilities & Anti -Virus S/W. f. PCAnywhere Remote Asynchronous Access SAN. g. TESCO's RAPD Multi -Threaded Communications Server w/Advanced Diagnostics and Multi -Port Support. h. TESCO's WinBench PLC Programming Software w/IEC-1131-3 Support and Advanced Diagnostics. 5. Enterprise System Software: a. Qty. of (2) USData's (3 -User) "WEB client" Packages. b. Qty. of (1) TESCO's Enterprise Hot -Standby System Software w/Full Redundancy Package. 6. Alarm Autodialer Subsystem: a. Qty. of (2) SCADAIarm S/W Packages. b. Qty. of (2) Special Hayes "SCADAIarm" Modems. 7. Communications Server Subsystem: a. Shiva 4 -Port Communications Server. b. Qty. of (2) POTS Modems (56Kbps). 8. Miscellaneous Networking Hardware: a. 16 -Port 10Base-T Network Hub. b. Thinnet & Cat -5 LAN Cables. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500-3 c. Connectors, Tees, Barrels, Etc. 9. LAN -Connected System Printers: a. Qty. of (2) Alarm & Event Printers (Panasonic KX=P38XX Wide - Carriage Dot -Matrix Printer). b. Hewlett-Packard Printer Server (3 -Port). 10. Historical Database Server (HDS) Hardware: a. DELL Workstation 410 or 610 Server configured with the following resources: 400 MHz Intel Pentium -II CPU, 512KB of ECC Cache, 100 MHz Front -Side Bus, 256MB of Sync DRAM, Adaptec 2940UW Ultra/Wide SCSI Host Adapter, (2) 9GB Ultra/Wide SCSI -3 HDD's, 3COM's 3C905 10/100 TX Network Adapter, ATI Rage Pro Turbo AGP 2X Video Graphics Adapter w/8MB of SGRAM, 32X SCSI CD-ROM, 3.5" 1.44MB FDD, Sound Blaster Pro (ESS -1869) Audio, (2) Serial Ports, (2) USB Ports, (1) Parallel Port, Keyboard, Mouse, & Mid -Tower Case. b. Additional 9GB HDD (see above). c. Hewlett-Packard 12/24GB DDS -3 DAT Tape Drive. d. Iomega 2GB JAZ Drive. e. Miscellaneous Supplies: 3 -Pack of 2GB JAZ Cartridges, 5 -Pack of DDS -3 Tapes, Etc. 11. Historical Database Server (HDS) Software: a. Microsoft Windows -NT Server V4.0 (5 -User) w/SP4. b. Microsoft SQL Server V7.0 Enterprise Edition w/5 -Client Access Licenses. c. Seagate Backup Exec Enterprise w/SQL Agent and Intelligent Disaster Recovery Option (Single Server Edition). d. Microsoft Office Professional (Excel & Access). e. Symantec's Norton Diagnostic Utilities & Anti -Virus S/W. f. TESCO's HDS Automation & System Management Package. 12. Professional Services/Labor: a. Systems Engineering and Testing Services. b. SCADA Configuration & Programming Services. c. Configuration of LAN/WAN Enterprise Networking including the Hub, LAN Print Server, and the Asynchronous Communications Server. d. Configuration of "SCADAIarm" Autodialer Package. e. Startup & Calibration Services. f. Project Management Services. g. PLC Programming Services if required h. Training Services (5 days). 13. Professional Services/Labor: a. SCADA Screen Configuration & Programming Services. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 4 CONTRACT IDENTIFICATION: Y2K Compliance. Article 2. ENGINEER The Project has been designed by HDR Engineering, Inc., 500 108th Avenue NE #1200, Bellevue, Washington 98004, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1. The work will be substantially completed in accordance with Paragraph 14.8 of Section 00700 within 136 consecutive calendar days after the date when the Contract Times commence to run. All work will be completed and ready for final payment in accordance with Paragraph 14.13 of Section 00700 - General Conditions within 166 consecutive calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of Section 00700 - Genera! Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER in accordance with the formula LD = 0.20C/T where LD is the liquidated damages per working day (rounded to the nearest dollar), C is the original contract amount and T is the original time for completion. The CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after the time specified in Paragraph 3.1. above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.1. above for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after the time specified in Paragraph 3.1. above for completion and readiness for final payment. Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 5 Lump Sum Price of One hundred forty-one thousand eight hundred forty Dollars and zero Cents ($141,840.00), and Washington State Sales Tax (@ 7.9%) of Eleven thousand two hundred five Dollars and thirty-six Cents ($11,205.36) for a total Contract Price of One hundred fifty-three thousand forty-five Dollars and thirty-six Cents ($153,045.36). Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of Section 00700 - General Conditions. Applications for Payment will be processed by ENGINEER as provided in Section 00700 - General Conditions. Applications for Payment consist of three (3) pages (Contractor's Application and Certificate for Payment, Pages 1-3 Attached to this Agreement. CONTRACTOR shall submit signed partial release of lien from all Subcontractors and suppliers with second (2nd) and subsequent Applications for Payment for Work performed on previous Applications for Payment. 5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided in Paragraphs 5.1.1. and 5.1.2. below. All such payments will be based on an estimate of the work completed. 5.1.1. Prior to and upon substantial completion of the work, progress payments will be made in an amount equal to: 95 percent of the value of the work completed, and 95 percent of the value of the materials and equipment not incorporated in the work, but delivered and suitably stored, less in each case the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14.7 of Section 00700 - General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.13. of Section 00700 - General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. Article 6. INTEREST All moneys not paid when due as provided in Article 14 of Section 00700 - General Conditions shall bear interest as provided in RCW 39.76.010 and 39.76.020. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 6 Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents and the other related data identified in the Documents. 7.2. CONTRACTOR is familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, ess, performance, and furnishing of the Work. k. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 7.4. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR does not consider that any additional examinations, investigations, explorations, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, and all additional examinations, investigations, explorations, and data with the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Where conflicts, errors, ambiguities, or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 7 7.7 CONTRACTOR has not directly or indirectly induced or solicited any other to submit a false or sham Bid; CONTRACTOR has not solicited or induced any person, firm, or corporation to refrain from bidding; and CONTRACTOR has not sought by collusion to obtain for itself any advantage over any other or over OWNER. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following: 8.1. Section 00500 Agreement 8.2. Section 00610 Performance and Payment Bond 8.3. Section 00650 Notice to Proceed 8.4. Section 00700 General Conditions 8.5. Section 00805 Supplementary Conditions 8.6. Section 00822 Prevailing Wage Rates 8.7. General Requirements (Division 1) 8.8. Technical Specifications (Division 16) 8.9. Any modification including Field Order, Change Order, Work Directive Change or accepted Change Proposal Request which may be delivered or issued after the Effective Date of the Agreement. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraphs 3.5. and 3.6. of Section 00700 - General Conditions. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 8 Article 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of Section 00700 - General Conditions will have the meanings indicated in Section 00700 -General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may be and that due not without consent become le due moneys ioi eyS are 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. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Article 10. GOVERNING LAW 10.1 This Contract shall be deemed entered into in Yakima County, Washington, and shall be governed by the laws of the State of Washington. 10.2 The venue for any legal action related to the Contract Documents shall be the Superior Court of the State of Washington for Yakima County. 10.3 The CONTRACTOR shall give such notices, file information, and pay taxes, deductions, and premiums as may be required by law and comply with all laws, ordinances, permit requirements, rules, and regulations pertaining to the conduct of the Work. The CONTRACTOR shall be liable for violations of same in connection with any portion of the Work provided by the CONTRACTOR and shall cooperate with all governmental entities regarding inspection of the Work in compliance with such requirements. If the CONTRACTOR observes that the portion of the Contract Documents is in conflict with any such laws, ordinances, permit requirements, rules, or YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00500 - 9 regulations, CONTRACTOR shall promptly notify the Engineer in writing of such conflict. The OWNER will promptly review the matter and, if necessary, issue a Change Order or take any other action necessary to bring about compliance with the law, ordinance, permit requirement, rule, or regulation in question if it is the responsibility of the OWNER; otherwise, the CONTRACTOR shall ensure such compliance. The CONTRACTOR shall not perform Work known to be contrary to any, laws, ordinances, permit requirements, rules, or regulations. 10.4 OWNER shall pay for and CONTRACTOR shall secure any required City Building Permit. All other permits and licenses from governmental agencies that are necessary for ensuring the prosecution of the Work shall be secured and paid for by the CONTRACTOR. Article 11. WAGE RATES 11.1. The most recently published provisions of the State of Washington Department of Labor and Industries Prevailing Wage Rates are made a part of this agreement as completely as if the same were fully set forth herein. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. Article 12. OTHER PROVISIONS 12.1 In witness whereof, the parties hereto have signed this Agreement. One counterpart each has been delivered to Owner, Contractor, Sureties, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor. This Agreement will be effective on May , 1999 (which is the Effective Date of the Agreement). CONTRACTOR: By e sc_c> C. c>14. --c . (SEAL) (Corporation name) (State of incorporation) YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS _ By ,/cA 14/ ,fivoivi5) (Si ature of person authorized to sign) (Printed name) (Corporate Se Attest si))2=-moi (Title) ) cretary) Address: 34 3q SD -"`D 00500 - 10 (SEAL) ("(..1(4. Li C..,., -t e S Gtit� I 7u G.►e.-Gt e tie v. v CA Address and phone number for receipt of official communications: Address: 3434 SDP-1)Ave- u2-cc_ua c �,..-c v / L�, of 5 (a D---33 PhoneNo.: (c I C) Surety is: (Surety Name) Address: 4 -12. -Cb �x Lv`-r► v c G •, o v L`n i� , Lk 9 ;x0.3.1 Phone No.: (...PDC::)`) 2.,5g- D-10 c) Washington State CONTRACTOR License No. Tesu,c.r0 ;- lc �xw 01?/1/11 YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS CITY OF YAKIMA By: R. A. Zais, Jr. Title: City Manager Attested: Z Address for giving notice: City of Yakima Wastewater Manager 129 North Second Street Yakima, WA 98901 —5 -- 2 % Ci$Y CONTRAST 4O: RESOLUTION No: END OF SECTION 00500 - 11 YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS Contractor's Applica Al and Certificate for Payment Page 1 of 3 To (Owner): City of Yakima 2220 East Viola Yakima, Washington 98901 From (Contractor) Via (Engineer) HDR Engineering, Inc. Owner's Project No. Contractor's Project No. Engineer's Project No. For (Contractl' SCADA System Y2K Improvements Application No. Application Period: Application for Payment Change Order Summary Change Orders approved by Owner Additions Deductions Number Date Approved TOTALS NET CHANGE BY CHANGE ORDERS Contractor's Certification The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. Contractor: By. Date: FORM 1II-40154 (May 91) Copyright 1991 HDR Engineering, Inc. 1. ORIGINAL CONTRACT SUM 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (Line 1 ±2) 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate) 5. SALES TAX (7.9%) 6. TOTAL AMOUNT DUE TO DATE 7. RETAINAGE: 5% of Completed Work and Stored Material (Line 4) 8. AMOUNT ELIGIBLE TO DATE 9. LESS PREVIOUS PAYMENTS (Line 8 from prior Certificate) 10. AMOUNT DUE THIS APPLICATION 11. BALANCE TO FINISH, PLUS RETAINAGE (Column G on Progress Estimate) $ $ $ $ $ $ $ Payment of IS HDR Engineering, Inc. is recommended. By Date: Contractor's Progress timate Page 2 of 3 {}For (contract): SCADA System Y2K Improvements Application Number. Application Period: Application Date: A B C D E F G Item Scheduled Value Work Completed Materials Presently Stored (not in C or D) Total Completed and Stored to Date (C+D+E) % (B) Balance to Finish (B F) Spec. Sect. No. Description 1-rom Previous Application (C + D) 1 his Penod I otals FORM II1-4015-4.FRM (Ver 1 1 May 91) Copyright 1991 HDR Engineering, Inc. Stored Material : nmary Page 3 of 3 For (contract): SCADA System Y2K Improvements Application Number: Application Period: Application Date: Invoice No. Shop Drawing Transmittal No. Materials Description Stored Previously Stored this Month Incorporated in Work Materials Remaininin g ($) Date (Month/Year) Amount ($) Amount ($) Subtotal Date (Month/Year) Amount ($) FORM 111-4015-4.FRM (Ver 1 1 May 91) Copyright 1991 HDR Engineering, Inc. 00610 - 1 SECTION 00610 PERFORMANCE AND PAYMENT BOND (Pages are numbered 1 - 4) YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS Construction Performance Bond "Issued in Quadruplicate Originals" Bond No. 5005191 -SD Premium: 2,296.00 Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Tesco Controls, Inc. P.O. Box 239012 Sacramento, CA 95823-9012 OWNER (Name and Address): City of Yakima — Wastewater Division 129 N. 2nd Street Yakima, WA 98901 CONSTRUCTION CONTRACT Date: Amount: $153,045.36 Description (Name and Location): Yakima Regional WWTF SCADA System. Y2K Improvements BOND Date (Not earlier than Construction Contract Date): Amount: $153,045.36 Modifications to this Bond Form: n/a CONTRACTOR AS PRIN PAL Company: Tesco Con rols, Inc. Signature:_ Name and Title: (Corp. Seal) Gar lisan Secretary/Treasurer CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY (Name and Principal Place of Business): Frontier Insurance Company 4250 Executive Square, Ste. #200 La Jolla, CA 92037 April 28, 1999 SURETY Company: Signature: Name and Title: Renee Ramsey-Bofma Attorney In Fact Frontier Insuy'ance Company L ItYlvet orp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. EJCDC No. 1910.28A (1984 Edition) Prepared through the joint efforts of The Surety Associauon of America. Engineers' Joint Contract Documents Committee. The Associated General Contractors of Amenca. and the Amencan institute of Architects. 1. The Contractor and the Surety, jointly and severally. bind themselves. their heirs. executors. admitustrators. auccrssors and assigns to the Owner for the performance of the Construction Contract. which is incorporated herein by reference. :. If the Contractor performs the Construction Contract_ the Surety and the Contra-ctnr shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default. the Surety's obligation under this Bond shall arise after: 3.1. The Owner has notified the Contractor and the Surety at its address —described in Paragraph 10 below. that the Owner is considering dece.nne 2 rrirtr2etor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice w discuss methods of performing the Construction Contract. If the Owner. the Contractor and the Surety agree, the Conuactor shall be allowed a reasonable time to perform the Construction Con- tract. but such an agreement shall nor waive the Owner's right. if any. subsequently to declare a Contractor Default: and 3.2. The Owner has declared a Contractor Default and formally ter- minated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as pro- vided in Subpara sh 3.1: and 3.3. The Owner has agreed to pay the Balance of the Contract Price t0 the Surety in accordance with the terns of the Construction Contract or w a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3. the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor. with consent of the Owner, to perform_ and complete the Construction Contract: or 4.2. Undertake to perform and complete the Construction Contract itself. through its agents or through independent contractors: or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract. arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence. to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract. and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or 4 4, Waive Its right to perform and complete. arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation. determine the amount for which it may be liable to the Owner and. as soon as practicable after the amount is determined. tender payment therefor to the Owner: or Deny liability in whole or to pan and notify the Owner citing reasons therefor 5. If the Surety does not proceed as provided in Paragraph 4 with reason- able promptness. the Surer,/ shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond. and the Owner shall be enutled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surety has dented liability. In whole or in part. without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor s ngnt to complete the ConstrUCUOn Contract. and if the Surety elects to set under Subparagraon 4.1. 4.2.. ord.3 above. then the responsibilities of the Surety to the Owner shah not be mater than those of the Contractor under the Construction Contract. and the responsibilities of the Owner to the Surety shall not h greater than those Of the Owner under the Construction Contract. To U, limn of the amount of this Bond. but subject to commitment try the Owner of the Balance of the Contrast Price to miugauon of costs and damages on the Construction Contract. the Surety is obligated without duplication for 6.1. The responsibilities of the Contractor for c.'trection of defective work and completion of the Construction Contract: 6.2. Additional legal. design professional and delay costs resulting from the Contractor's Default. and resulting from the acuons or failure to act of the Surety under Paragraph 4: and 6.3. Liquidated damages. or if no liquidated damages are specified in the Construction Contract. aetuai damages caused by delayed performance or non=performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated w the Construction Contract. and the Balance of the Contract Price shalt not be reduced or set of on accouni of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs. executors. administrawrs. or successors. 8. The Surety hereby waives notice of any change. including changes of time_ to the Cnrtstn.etinn Cetntrset er to rehired enhenntrsets_ purchase orders and other obligations. r 9. Any proceeding. legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased work- ing or within two years after the Surety refuses or fails to perform its obligations under this Bond. whichever occurs first. If the provisions of this Pa.minaph are void or prohibited by law. the ,minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory on other legal requirement in the location where the construction was to performed. any provision in this Bond conflicting with said statutory o. legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made. including allowance to the Contractor of any atnounu received or to be received by the Owner in settlement of insurance or other claims for dam- ages to which the Contractor is entitled. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page. including all Contract Documents and changes thereto. 12..z. Contractor Default: Failure of the Contractor. which has neither been remedied nor waived. to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner. which has neather been remedied nor waived. to pay the Contractor as required by the Construction Contract or to perform and complete or oomply with the other terms thereof. 12.2. (FOR INFORMATION ONLY—Name. Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or other party): Noack & Dean Insurance Agents and Brokers 401 Watt Ave., Sacramento, CA 95864 (916) 488-3100 2 ALL-PURPOSE ACKNOWLEDGMENT STATE OF California } Sacramento COUNTY OF On April 28, 1999 before me, Laura A. Brown, Notary Public personally appeared Renee Ramsey-Bofman personally known to me 0600K2kM( Xd(IXXiXklCCs44T 200)00XiXeriXeQ to be the person($Q whose name( ,1 is/)(ix subscribed in the within instrument and acknowledged to me that eishe)tVa9 executed the same in XiX/her/41516.ir authorized capacity(PM, and that by .tbiX/her/If1XiX signature(§) on the instrument the person(X), or the entity upon behalf of which the person(XJ acted, executed the instrument. WITNE S my NOTAR ' f SLICISN AAPOR THE SAID STATE V LAURA A. BROWN NOTARY PUBLIC - CALIFORNIA COMMISSION # 1199607 SACRAMENTO COUNTY My Comm. Exp. Nov 20, 2002 CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) NAME OF PERSON(S) OR ENTITY(IES) ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR OTHER Frontier Insurance Company ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT THE RIGHT: Title or Type of Document Performance Bond Number of Pages Date of Document Signer(s) Other Than Named Above This document is only a general form which may be proper for use in simple transactions and in no way acts, or is intended to act, as a substitute for the advice of an attorney. The printer does not make any warranty, either express or implied, as to the legal validity of any provision or the suitability of these forms in any specific transaction. Cowdery's Form No. 10210 • (New No. 100) • ACKNOWLEDGMENT • General (Civil Code 1189(a)) (Revised 10.97; Printed 10.97) 6 1 5 Construction Payment Bond Bond No. 5005191 -SD Premium included in Performance Bond Any singular reference to the Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Tesco Controls, Inc.. P.O. Box 239012 Sacramento, CA 95823-9012 OWNER (Name and Address): City of Yakima - Wastewater Division 129 N. 2nd Street Yakima, WA 98901 CONSTRUCTION CONTRACT Date: Amount $153,045.36 Description (Name and Location): Yakima Regional WWTF SCADA System Y2K Improvements SURETY (Name and Principal Place of Business): Frontier Insurance Company 4250 Executive Square, Ste. #200 La Jolla, CA 92037 BOND Date (Not earlier than Construction Contract Date): Apri 1 28, 1999 Amount: $153,045.36 Modifications to this Bond Form: n/a CONTRACTOR AS PRIN AL Company: Tesco Co rols, Inc. (Corp. Seal) Signature: ��, Name. and Title: Gary fir' isan Secretary/Treasurer CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature - Name and Title: SURETY Fronti Company: Signature: er Insurance Company (C u rp. Name and Title: SURETY Company: Renee Ramsey`L3ofm Attorney In Fact (Corp. Seal) Signature: Name and Title: PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. EJCDC No. 1910-28B (1984 Edition) Prepared through the .iornt efforts of the Surety Association of America. Engineers Joint Contract Documents Committee. The Associated General Contractors of America. American institute of Architects. Amencan Subcontractors Association. and the Associated Specialty Contractors. Repnnted 10/90 3 I. The Controcu r and the Surety. jay and severally. bind there civ .. their her$. executors. admtntst atoms. sins and annalsto rite Ot+t= to pay foe traterials and equipment furnished for use in the perfomtance of the r...eonno n tnnntmce which is incorporated hereat by reference. 2. With respect to the Owner. this obligauon shah be null and void if t e Contractor: 2.1. Promptly makes payment. directly or indirectly, for all sums die Claimants. and e_ ._.t m fn aha !anon harries& time Owner freer elmims- demands. liens or wits by any person or entity whose claun. demand. lien or suit is for payment for labor materials or equipment furnished for use in the performance of the Construction Contract. provided the Owner has promptly notified the Contractor and the Surety tat the address described in Paragraph 12) of any claims. demands, liens or suits and tendered defense of such claims. demands. liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants. this obligation shall be null and void if the Contrnor promptly nake4 par . dintetly or indirectly. for all sums due. e The Sur..1y shall have nn obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the Contractor have givenn notice to the Surety (at the address described in Paragraph 12) and sent a copy. or notice thereof. to the Owner. stating that a claim is being made under this Bond and. with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the 1. Have furnished written notice to the Contractor and sent a copy. or notice thereof. to the Owner. within 90 days after having last performed labor or last furnished Materials or equip at eluded in the claim stating, with substantia accuracy. the amount of the claim and the name of the party to whom the materials were furnished or supplied ar for wham the labor was done or performed: and 2. Have either received a rejection in whole or in par from the Contractor. or not received within 30 days of fwisshing the above notice any coonnuni t -err from tate Contractor by which the Contractor has indicated the claim will be paid directly ar indirectly: and 3. Not having been paid within the above 30 days. have sent a written notice to the Surety fat the address described in Para- graph 12) and sent a copy. or notice thereof. to the Owner. stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. if a notice required by Parrgraph 4 is given by the Owner to the Contractor or to the Surety. that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4. the Surety shall promptly and at the Surety's expense take the following actions: 6. ! Send an answer to the Claimant. with a copy to the Owner within 45 days after receipt of the claim. stating the amounts that are undisputed and that basis for chaltenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond. and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy ciatms. if any. under any Construction Performance Bond. By the Contractor furnishing and the Owner ac cepung this Bond. they agree that all funds earned by the Conueette in tit_ terfortrtan e of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Swety under this Bond. subject to the Owner's pnoity to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Constnicuon Con- trast. The Owner shalt not be liable for payment of any costs or expenses of any Claimant under this Bond. and shall have under this Bond no obligations to make payments to. pve no ices on behalf of. or otherwise have vbii�a- tions to Claimants under this Bond. 10. The Surety hereby waives notice of any change. including changes of tithe, to the Consn etion Contract or to related subcontracts. purchase orders and o;i 11. No suit or action shall be conurienced by a Claimant under this Bond other than in a court of competent jurisdiction in the Dation in which the work or part of the work is located (Wafter the expiration of one year from the date ( 1) on why the Claim= gave the notice requimd by Subparagraph 4.1 or Clause 42 tier"). or 12 oe whirr the list tabor or service was performed by anyone or the fast materials or alignment were € r nished by anyone under the Co:1==d= - winiettever or (I) or (2) Osb-- =cars—, tf the provisions of this Paragraph are void or prohibited by law. the minimum period of limittuion available to sureties as a defense in thepuisdiction of the suit shall be apptioble, 12. Notes to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of int by Surety, tteOwner orthe Contractor. however accomplished. shall be sufficient compliance as of the date nsceived at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requitement in the location where the construction was to be per- formed. any provision in the Bond conflicting with said statutory or legal tequirernent shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is. that this Bond shall be construed as a statutory bond al not as a comma law bond. 14. Lipari request by any person or entity appearing to be a potential beneficiary of this Bond. the Conry shall promptly furnish a copy of this Bt,d or shell ,eermit a copy to be mare. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor. materials or equipment for use in the perforrnante of the Contract. The intent of this Bond shall be to include without limitation in the terms "tabor. materials or equipment" that part of water. gas. power. dight. heat. oil. gasoline. telephone service or metal a uipnrcnt used in the Constreeti rile Connect. architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors. and all other items for which a mechanic's lien may be asserted• in the jurisdic- tion where the tabor. matertais or equipment were furnished. 15.2. Constn►ctian Contract: The agreement between the Ownerand the Contractor identified on the signature page. including ail Contact Documents and changes thereto. 15.3. Owner Default: Failure of the Owner.- which has neither been remedied nor waived. to pay the Contractor as required by the Constructioe Contrast or to perform and complete or comply with the other tarts thereof. (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Noack & Dean Insurance Agents and Brokers 01 att Avenue, Sacramento, CA 95864 (916) 488-3100 ALL-PURPOSE ACKNOWLEDGMENT STATE OF California Sacramento COUNTY OF On April 28, 1999 } before me, Laura A. Brown, Notary Public personally appeared Renee Ramsey-Bofman personally known to me (hMiLD4d( Cid iXAD:AtC13CR6)400XiXet1 g to be the person($Q whose name(X) is/Mrd subscribed in the within instrument and acknowledged to me thatXQ sheYBW executed the same in KIX/her/% it authorized capacity(**), and that by NIX/her/MA( signature( on the instrument the person(, or the entity upon behalf of which the person(A) acted, executed the instrument. WITNESS my se. NOTARY PUBLIC POND FOHE SAID STATE LAUFIA A. BROWN NOTARY PUBLIC- CALIFORNIA v, COMMISSION # 1199607 • ,:'t SACRAMENTO COUNTY My Comm. Exp. Nov. 20, 2002 CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) NAME OF PERSON(S) OR ENTITY(IES) ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) ❑ PARTNER(S) S ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR OTHER Frontier Insurance Company ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT THE RIGHT: Title or Type of Document Payment Bond Number of Pages Date of Document Signer(s) Other Than Named Above This document is only a general form which may be proper for use in simple transactions and in no way acts, or is intended to act, as a substitute for the advice of an attorney. The printer does not make any warranty, either express or implied, as to the legal validity of any provision or the suitability of these forms in any specific transaction. Cowdery's Form No. 10210 • (New No. 10G) • ACKNOWLEDGMENT • General (Civil Code 1189(a)) (Revised 10.97; Printed 10.97) 6 1 5 0 INSURANCE COMPANY ROCK HILL, NEW YORK 12775-8000 (A Stock Company) POWER OF ATTORNEY ?twtu �(l Ertl 1 u Ehese presents: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT RICHARD W. PRATT, RENEE RAMSEY-BOFMAN & B.G. MIDSTOKKE Sacramento in the State of California of its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS, and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. Jrt Witness iniereof, FRONTIER INSURANCE COMPANY of Rock Hill, New York, has caused this Power of Attorney to be signed by its Presidt:r, nd its Corporate seal to be affixed this 30th day of July , 19 96 State of New York County of Sullivan On this 30thday of July ,19 96 , before the subscriber, a Notary Public of the State of New York in and for the County of Sullivan, duly commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. 3)tt TestintnuU �Il;lfierenf, 1 have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written. ss FRONTIER INSURANCE COMPANY /17 DAVID E. CAMPBELL, Vice President CERTIFICATION I, JOSEPH P LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY of Rock Hill, New York, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. (311 lili itncee Anicreaf, I have hereunto set my hand and affixed the facsimile seal of the corporation this 28th NANCY V. PIERRO Notary Public, State of New York Sullivan County Clerk's #2396 Commission Expires July 8, 1998 April ,19 99 OR,, 09 o SEAL W 1962 y�W YOPt FM 19-5002-A (4/95) day of JOSEPH P LOUGHLIN, Secretary TO: ADDRESS: 00650 - 1 SECTION 00650 NOTICE TO PROCEED Dated , 19 (CONTRACTOR) PROJECT NO.: Y2K Compliance CONTRACT FOR: Regional Wastewater Treatment Facility (WWTF) SCADA System Y2K Improvements for the City of Yakima, Washington You are notified that the Contract Time under the above contract will Commence to run on , 19 . By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of Section 00500 - Agreement, the dates of Substantial Completion and Final Completion are , 19_ and , 19 , respectively. Before you start any Work at the site, Paragraph 2.7 of Section 00700 - General Conditions provides that you must deliver to the Owner, certificates of insurance that you are required to purchase and maintain in accordance with the Contract Documents. By: (OWNER) (AUTHORIZED SIGNATURE) (TITLE) (Use Certified Mail, Return Receipt Requested) YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00700 - 1 SECTION 00700 GENERAL CONDITIONS (EJCDC DOCUMENT NO. 1910-8, 1990 EDITION) (Pages are numbered 1 through 42) YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS This document has important Iegai consequences: consultation with an attorney is encouraged with respect to its completion or modification. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By SNATIONAL OCIETY OF PROFESSIONAL ENGINEERS iaulmo i+u PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitatefor change gie inthe others. Comments concerning their usage are contained in the Commentary on Agreements Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved. the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. © 1990 National Society of Professional Engineers 1420 King Street. Alexandria. VA 22314 American Consulting Engineers Council 1015 15th Street. N.W., Washington. DC 20005 American Society of Civil Engineers 345 East 47th Street, New York. NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 Article or Paragraph Number & Title 1. DEFINITIONS 1.1 Addenda TABLE OF CONTENTS OF GENERAL CONDITIONS Page Number 13 1-+ Agreement Application for Payment 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 LT" Asbestos Bid Bidding Documents Bidding Requirements Bonds Change Order Contract Documents Contract Price Contract Times CONTRACTOR defective Drawings Effective Date of the Agreement ENGINEER ENGINEER'S Consultant Field Order General Requirements Hazardous Waste Laws and Regulations; Laws or Regulations 1.Z3 Liens 1.24 Milestone 1.25 Notice of Award 1.26 Notice to Proceed 1.27 OWNER 1.28 Partial Utilization 1.29 PCBs 1.30 Petroleum 1.31 Project 1.32 Radioactive Material 1.33 Resident Project Representative 1.34 Samples 1.35 Shop Drawings 1.36 Specifications 1.37 Subcontractor 1.38 Substantial Completion 1.39 Supplementary Conditions 1.40 Supplier 1.41 Underground Facilities 1.42 Unit Price Work 1.43 Work 1.44 Work Change Directive 1.45 Written Amendment 2. PRELIMINARY MATTERS 2.1 Delivery of Bonds 2.2 Copies of Documents 2.3 Commencement of Contract Tunes; Notice to Proceed 2.4 Starting the Work 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 Antic or Paragraph Number & Tule 2.5-2.7 Before Starting Construction: CONTRACTOR'S Responsibility to Report.: Preliminary Schedules; Delivery of Certificates of Insurance 2.8 Preconsuuction Conference 2.9 Initially Acceptable Schedules 3. CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE 3.1-3.2 Intent 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Dista 3.4 Intent of Certain Terms or Adjectives 3.5 Amending Contract Documents 3.6 Supplementing Contract Documents 3.7 Reuse of Documents 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS;REFERENCE POINTS . 4.1 Availability of Lands 4.2 Subsurface and Physical Conditions 4.2.1 Reports and Drawings 4.2.2 Limited Reliance by CONT'RAC'TOR Authorized; Technical Data 4.2.3 Notice of Differing Subsurface or Physical Conditions 4.2.4 ENGINEER'S Review 4.2.5 Possible Contract Documents Change 4.2.6 Possible Price and Times Adjustments 4.3 Physical Conditions -Underground Facilities 4.3.1 Shown or Indicated 4.3.2 Not Shown or Indicated 4.4 Reference Points 4.3 Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Material Page Number 15 15 16 16 16 16 17 17 17 17 17 17 17 17 18 18 18 18 18 18 18 19 19 19 1420 S. BONDS AND INSURANCE 14 14 5.1-5.2 Performance. Payment and Other Bonds . 20 14 5.3 Licensed Sureties and Insurers; 20 Certificates of insurance 14 5.4 CONTRAC'TOR'S Liability Insurance 20 S.S 15 OWNER's Liability Insurance 21 15 5.6 Property insurance 21 15 5.7 Boiler and Machinery or Additional 15 Property Insurance 21 15 5.8 Notice of Cancellation Provisions 21 15 5.9 CONI'RAC" TOR's Responsibility for Deductible Amounts 15 5.10 Other Special Insurance 15 5.11 Waiver of Rights Z' r 1 Page Article or Paragraph Number Number & Title 5.12-5.13 Receipt and Application of Insurance prnreeds 5.14 Acceptance of Bonds and insurance; Opuon to Replace 5.15 Partial Utilization -Property - Insurance 23 r 6. CONTRACTOR'S RESPONSIBILITIES 6.1-6.2 Supervision and Superintendence 6.3-6.5 Labor. Materials and Equipment 6.6 Progress Schedule 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR'S Expense; Substitute Construction Methods or Procedures; ENGINEER'S Evaluation 6.8-6.11 Concerning Subcontractor. Suppliers and Others; Waiver of Rights 6.12 Patent Fees and Royalties 6.13 Permits 6.14 Laws and Regulations 6.15 Taxes 6.16 Use of Premises 6.17 Site Cleanliness 6.18 Safe Structural Loading 6.19 Record Documents 6.20 Safety and Protection 6.21 Safety Representative 6.22 Hazard Communication Programs 6.23 Emergencies 6.24 Shop Drawings and Samples 6.25 Submittal Procedures: CONTRACTOR'S Review Prior to Shop Drawing or Sample Submittal . 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ....__.._. 6.27 Responsibility for Variation From Contract Documents 6.28 Related Work Performed Prior to ENGINEER'S Review and Approval of Required Submittals 6.29 Continuing the Work 6.30 CONTRACTOR'S General Warranty and Guarantee 6.31-6.33 Indemnification 6.34 Survival of Obligations 7. OTHER WORK 7.1-7.3 Related Work at Site 7.4 Coordination 8. OWNER'S RESPONSIBILITIES 8.1 Communications to Contractor 8.2 Replacement of ENGINEER 8.3 Furnish Data and Pay Promptly When Due 8.4 Lands and Easements; Reports and Tests 8.5 insurance 23 23 23 23 23 NNNV T tCAVVVUttU UA 27 27 27 27 28 ,9 28 28 29 29 29 29 29 29 29 29 Article or Paragraph Number & Tule 8.6 Change Orders 8.7 Inspections. Tests and Approvals 8.8 Stop or Suspend Work: Terminate CONTRACTOR's Services 8.9 Limitations on OWNER'S Responsibilities . • . • 8.10 Asbestos. PCBs. Petroleum. Hazardous Waste or Pzdioa..twe Material 30 8.11 Evidence of Financial Arrangements 30 9. ENGINEER'S STATUS DURING CONSTRUCTION 9,1 OWNER'S Representative 9.2 Visits to Site 9.3 Project Representative 9.4 Clarifications and Interpretations 9.5 Authorized Variations in Work 9.6 Rejecting Defective Work o 7-o 9 Shop Drawings. Change Orders and ,.. ... Payments Determinations for Unit Prices Decisions on Disputes: ENGINEER as Initial Interpreter Limitations on ENGINEER'S Authority and Responsibilities 31 Page Number 29 29 29 30 9.10 9.11-9.12 9.13 30 30 30 30 30 30 30 31 31 31 10. CHANGES IN THE WORK 10.1 OWNER Ordered Change 10.2 Claim for Adjustment 10.3 Work Not Required by Contract Documents 10.4 Change Orders 10.5 Notification of Surety 11. CHANGE OF CONTRACT PRICE 11.1-11.3 Contract Price; Claim for Adjustment: 32 Value of the Work 11.4 Cost of the Work 33 11.5 Exclusions to Cost of the Work 34 11.6 CONTRACTOR'S Fee 34 11.7 Cost Records 34 11.8 Cash Allowances 35 11.9 Unit Price Work 35 32 32 32 32 32 32 12. CHANGE OF CONTRACT TIMES 35 12.1 Claim for Adjustment 12.2 Tune of the Essence 35 12.3 Delays Beyond CONTRACTOR'S Control 35 JJ 12.4 Delays Beyond OWNER's and CONTRAC'TOR'S Control 35 13. TESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 36 13.1 Notice of Defects 36 13.2 Access to the Work 36 13.3 Tests and Inspections: Contractor's Cooperation 36 Article or Paragraph Number do Title 13.4 OWNER'S Responsibilities: Independent Testing Laboratory • . • • 13.5 CONTRACTOR'S Responsibilities 13.6-13.7 CoveringWork Prior to Inspection. Testing or Approval 13.8-I3.9 Uncovering Work at ENGINEER'S Request 13.10 OWNER May Stop the Work 13.11 Correction or Removal of Defective Work 13.12 Correction Period 13.13 Acceptance of Defective Work 13.14 OWNER May Correct Defective Work Page Number 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Application for Progress Payment 14.3 CONTRACTOR'S Warranty of Title 14.4-14.7 Review of Applications for Progress Payments 14.8-i4.9 Substantial Completion 14.10 Partial Utilization 14.11 Final Inspection Article or Paragraph Page Number & Tide Number 14.12 Final Application for Payment 40 36 14.13-14.14 Final Payment and Acceptance 40 36 14.15 Waiver of Claims 40 15. SUSPENSION OF WORK AND 36 TERMINATION 40 40 15.1 OWNER May Suspend Work 40 36 15.2-15.4 OWNER May Terminate ay Stop Work or 36 15.5 CONTRACTOR41 37 Terminate 16. DISPUTE RESOLUTION 41 37 37 17. MISCELLANEOUS 42 17.1 Giving Notice 42 17.2 Computation of Tunes 42 17.3 Notice of Claim 42 37 17.4 Cumulative Remedies 42 37 17.5 Professional Fees and Court Costs 42 38 Included 38 EXHIBIT GC -A (Optional). (Optional) GC -A1 38 Dispute Resolution AgreementGC-A1 39 - 16.1-16.6 Arbitration GC -A2 39 16.7 Mediation 39 3 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of- 5.14 Bonds and Insurance deft:live Work 19°4.1, 13.13. 3.1 . 13.15 13.15 final payment 5.14 insurance 7.3 6.7.1 2.5. 6.30. 6.34 other Work. by CONTRACTOR Substitutes and "Or -Equal" Items Work by OWNER Access to the - Lands. OWNER and CONTRACTOR RACTOR responsibilities site. related work 13.2. 13.14, 14.9 Work. Acts or Omissions-. Acts and Omissions - CONTRACTOR 6.9.1. 9.13.3 ENGINEER 6.20. 9.13 .3 OWNER 6.20. 8.9 Addenda -definition of (also see definition of Specifications) (1.6. 1.10. 6.19) 1.1 Additional Property Insurances 5.7 ,Adjustments Contract Price or Contract Times 1.5. 3.5. 4.1. 4.3.2. 4.5.2. 4.5.3. 9.4. 9..5. 10.2-10.4. 11. 12. 14.8. 15.1 progress schedule 6.6 Agreement - definition of 1.2 A11 risk Insurance. policy form 5.6.2 Allowances. Cash 11.8 Amending Contract Documents - _ - • - - 3.5 Amendment. Written - in general .... 1.10. 1.45. 3.5, 5.10. 5.12. 6.6.2. 6.8.2. 6.19. 10.1. 10.4. 11.2. 12.1. 13.12.2. 14.7.2 Appeal. OWNER or CONTRACTOR intent to 9.10. 9.11. 10.4. 16.2. 16.5 Application for Payment- definiuon of 1.3 ENGINEER'S Responsibility 9.9 final payment 9.13.4. 9.13.5. 14.12-14.15 in general 2.8. 2.9. 5.6.4. 9.10. 15.5 progress payment 14.1. 14.7 review of 14.4-14.7 Arbitration (Optional) 16.1-16.6 Asbestos - claims pursuant thereto 4.5.2. 4.5.3 CONTRACTOR authorized to stop Work 4.5.2 definition of 1.4 OWNER responsibility for 4.5.1, 8.10 possible price and times change 4.5.2 Authonzed Variations in Work 3.6. 6.25. 6.27. 9.5 Availability of Lands 4.1, 8.4 Award. Notice of -defined 1.225 Before Starting Construction 2.5-2.8 Bid -definition of 1.5 (1.1, 1.10. 2.3. 3.3. 4.2.6.4. 6.13. 11.4.3. 11.9.1) 41 7.2 Bidding uments-definition of Bidding Requirements -definitions of 1.7 (1.1. 4.2.6.2) Bonds - acceptance of 10.5, 115.14 additional bonds _ S_4 Cost of the Work 11 1.8 definition of 2 1 .1 delivery of final application for payment 14.12-14.14 general .... ........ ...1.10.5.1-5.3.5.13.9.I3.10.5. 14.7.6 performance. Payment and Other 5.1-5.2 Bonds and insurance -in general 5 Builder's risk "all risk" policy form 5.6.2 Cancellation Provisions. insurance 5.4.11.. 5.8. ; `15 15 Cash Allowances Certificate of Substantial Completion ......... 1.38. 6.30 3 14.8. 14.10 Cera of Inspection 9.13.4. 13.5, 14.12 Certificates of Insurance .. 2.7. 5.3. 5.4.11. 5.4.13. 5.6.5. 5.8, 5.14. 9.13.4. 14.12 Arricle or Paragraph Number A !I, R '1 4 Change in Contract Price- 11.8 Cash Allowances claim for price adjustment 4.1, 4.2.6, 4.5. 5.15. 6.8?. 9.4. 9.5. 9.11, 10.2. 10.5. 11.2. 13.9. 13.13. 13.14, 15.1. 15.5 CONTRACTOR'S fee 11.6 Cost of the Work general 11.4-11.7 Exclusions to 11.5 Cost Records 11.7 in general 1.19, 1.44, 9.11. 10.4.2. 10.4.3. 11 Lump Sum Pricing 11.3.2 Notification of Surety 10.5 Scope of 10.3-10.4 Testing and Inspection. Uncovering the Work 13.9 11 9 Unit Price Work Value of Work 11.3 Change in Contract Times - Claim for times adjustment .... 4.1. 4.2.6. 4.5, 5.15. 6.8.2, 9.4. 9.5.9.11. 10.2. 10.5, 12.1. 13.9, 13.13. 13.14, 14.7, 15.1. 15.5 Contractual tune limits 12__2 Delays beyond CONTRACTOR'S control 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol 12.4 Notification of surety 10.5 Scope of change 10.3-10.4 Change Orders - Acceptance of Defective Work 13.13 Amending Contract Documents 3.5 Cash Allowances 11.8 Change of Contract Price 11 Change of Contract Times 12 Changes in the Work 10 CONTRACTOR'S fee 11.6 Cost of the Work 11.4-11.7 Cost Records definition of . emergencies 9.g. 10.4.112 1 6.23 ENGINEER'S responsibility ..,•.•.••.1 10.4 execution of 6,12.6.16.6316.34 lnaemnifirarion 5.10. 5.13. 10.5 Insurance. Bonds and.4 -12.0 OWNER may terminate 15 5.2 10.45 OWNER'S Responsibility Physical Conditions - Subsurface and. Underground Facilities Record Documents Scope of Change Substitutes Unit Price Work value of Work. covered by Changes in the Worst Notification of surety 10.4 OWNER's and CONTRACTOR'S responsibilities .... 10.2 10.3-10.4 Antic or Paragraph Number 11.7 19 4.2 4.3.2 6.19 10.3-10.4 6.7.3. 6.8.2 11.9 11.3 10 10.5 Right to an adjustment Scope of change 6 16 Cash Allowances agaainst CNGTRECTOR 6 32 CaContract Price of Cone against ENGINEER 6.32 Change of Contact Times Clarifications and Interpretations 3.2. 3.6. 9.4. 9.11 definition of 1.10 ENGINEER as initial interpreter of 9.11 ENGINEER as OWNER'S representative 9.1 3 Anieie or Paragraph Number general 6.2. 6.9.2. 8.1 Huard Communication Programs 6•= Completion- Fin14.12 al Application for Payment Final Inspection 14.11 Final Payment and Acceptance 14.13-14.14 Partial Utilization 14.10 Substantial Completion 1.38. 14.8-14.9 Waiver of Claims 14.15 Computation of Times 17.2.1-1733 Concerting Subcontractors. 6.8-6.11 Suppliers and Others Conferences - initially acceptable schedules prep nsIn rxion Conflict. Error. Ambiguity. Discrepancy- 25, 3.33 CONTRACTOR to Report Construction. before starting by CONTRACTOR ....2.5-2.7 Construction Machinery. Equipment. etc. 6.4 Continuing the Work 6.29. 10.4 Contract 3.5 Documents - Amending Bonds 5.1 11.8 11 12 10.4-10.5 2.9 Claims-- Z.8 against OWNER 9 4 11./ Changes in the Work Change of Contract Times Change of Contract Price 9.4. 12.1 check and verify CONTRACTOR s 4. 7.1. 9.4. 9.5. 9.11. 10.2. 11.2. 11.9. 12.1. 14.8. 15.1. 15.5. 17.3 CONTRACTOR'S Fee 11.6 CONTRACTOR'S liability 5.4. 6.12. 6.16. 6.31 Cost of the Work 11.4. 11.5 9 1.12 1 i . Decisions on Disputes 9.11. Dispute Resolution 16,1.16.1 Dispute Resolution Agreement 6 ENGINEER as initial interpreter 1 9.11 Lump Sum Pricing .3.2 17.3 Notice of OWNER's 9.4. 9.5. 9.11. 10.2. 11.2. 11.9. 12.1. 13.9. 13.13. 13.14. 17.3 5.5 OWNER'S liability 1 .5 OWNER may refuse to make payment 17.5 Re Professional Fees and Court Costs Included 9.1 I Reporting and Resolving Discrepancies 25, 3.3 request for formal decision on Reuse of 3.7 Substitute items 6 7 1 2 3.67 12.1 Supplementing 8 6 Tame requirements 9.11. 12.1 Termination of ENGINEER'S Employment Time requirements Unit Price Work 11.9.3 Unit Price Work 3.6.6.2311.929 11.3 variations .27 Waiver Value of _., 14.14. 14.15 Visits to Site. ENGINEER'S 9.2 Waiver of -on Final Payment 10.2 Contract Price - Work Change Directive 3,5, 4.1, 9.4, 10.3. 11.2-11.3 Price - written notice required 9.11. 11.2. 12.1 adjustment of11 Clarifications and Interpretations 3.6.3. 9.4. 9.11 Change of 9.11 6.17 Decision on Disputes 1.11 Clean Site � definition of Codes of Technical Society. Organization or Association 3.3.3 Contract Times- 3S, 4.1.9.4, 10.3. 12 2.3 adjustment of 12..3.212 Times - Commencement of Contract Times Change of Communications - 2.5 gem 5.3 InsuranCe 3. I-5.4 Intent 3.6 minor variations in the Work 8.3 OWNER'S responsibility to furnish data OWNER's responsibility to snake 8.3. 14.4. 14.13 prompt payment 3.1. 14.4, 14.13 precedence6.193 Record Documents Reference to Standards and Specifications of Technical Societies 3.3 Related Work 7.` 5 Commencement of Article or Paragraph Number 2.3 . definition of 1 13 CONTRACTOR- 5 14 Acceptance of insurance 4 4 Limited Reliance on Technical Data Autl•orized 2 4.9 2 Communications � 6./. 2 Continue Work coordination and scheduling 6.9.2 definition of 1.13 May Stop Work or Terminate 15.5 provide site access to others 7.2. 13.2 Safety and Protection 4.3.1.2. 6.16. 6.18. 6.2 x-6.23 2 , Shop Drawing and Sample Review Prior to Submittal 4.5.2. 6.25 Stop Work requirements CONTRACTOR'S- 111-11.2 Compensation Continuing Obligation 14.15 Defective Work 9 6 13.10-13.14 Duty to correct defective Work 13.11 Duty to Report - Changes in the Work caused by Emergency 6.23 Defects in Work of Others 7? Differing conditions 42.3 Discrepancy in Documents 2.5. 3.3.2. 6.14.2 Underground Facilities not indicated 4.3.2 Emergencies 6.23 Equipment and Machinery Rental. Cost 114 5.3 of the Work Fee -Cost -Plus 11.4.5.6. 11.5.1. 11.6 General Warranty and Guarantee 6 30 Hazard Communication Programs 6.72 Indemnification 6.12.6.16.6.31-6.33 . Inspection of the Work 7 3 13.4. Labor. Materials and Equipment 6.3-6.5 Laws and Regulations. Compliance by 6.14.1 Liability Insurance 5.4 Notice of intent to Appeal 9 10. 10.4 obligation to perform and complete the Work 6 1 6.300 Patent Fees and Royalties. paid for by 5.11 performance and Other Bonds 6.13 Permits. obtained and paid for by _ _ Progress Schedule 9.6, 2.8. 2.9. 6.6, 6.29. 10.4, 15.2.1 Request for formal decision on disputes Responsibilities - Changes in the Work 10.1 Concerning Subcontractors. Suppliers and Others . 6.8- 6.11 Continuing the Work 6.29. 10.4 CONTRACTOR'S expense ............._.......... 6.7.1 CONTRACTOR'S General Warranty and Guaran- tee 6.30 CONTRACTOR'S review prior to Shop Drawing or Sam- ple submittal - 6.25 Coordination of Work 6.9.2 Emergencies 6.23 ENGINEER'S evaluation. Substitutes or "Or -Equal" Items 6.7.3 6 Article or Paragraph Number For Acts and Omissions of Others 6.9.1-6.9.2.9.13 for deductible amounts. insurance 5 9 general 6. 7.2. 7.3. 8.9 Hazardous Communication Programs 6.22 Indemnification 6.31-6.33 Labor. Materials and Equipment 6.3-6.5 Laws and Regulations 6.14 Liability Insurance 5 4 Notice of variation from Contract Documents 6.27 Patent Fees and Royalties 6.12 Permits 6.13 ProgressProgrms Schedule 6.6 Record Documents 6.19 related Work performed prior to ENGINEER'S 6.28 approval of required submittals safe structural loading 6.18 Safety and Protection 6.20, 7.2, 13.2 6 21 Safety R-p.eeentative _ Scheduling the Work 6.9.2 Shop Drawings and Samples 6.24 Shop Drawings and Samples Review by ENGINEER 6 26 Site Cleanliness 6 17 Submittal Procedures 6.25 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or -Equal" Items ............... 6.7.1 Superintendence 6.2 Supervision 6.1 Survival of Obligations ............................ 6.34 6.15 13.5 2.5 6.16-6.18. 6.30.2.4 Taxes Tests and Inspections To Report Use of Premises Review Prior to Shop Drawing or Sample Submittal 6.25 Right to adjustment for changes in the Work 10.2 right to claim .. 4, 7.1.9.4. 95.9.11, 10.2. 11.2. 11.9, 12.1. 13.9, 14.8. 15.1, 15.5. 17.3 6.20-6.92. 7.2. 13.2 621 Safety and Protection Safety Representative Shop Drawings and Samples Submittals 6.24-628 Special Consultants 11.4.4 Substitute Construction Methods and Procedures 6.7 ._ Expense Substitutes and °'Ur Equal ' Items. 6 7 1 6 7 2 Subcontractors. Suppliers and Others 6.8-6.11 Supervision and Superintendence 6.1. 6.2. 6.21 Taxes. Payment by 6.15 Use of Premises 6.16-6.18 Warranties and guarantees 6.30. 6.5 Warranty of Title _ 14.3 Written Notice Required - CONTRACTOR stop Work or terminate 15.5 Reports of Differing Subsurface and Physical Condi- tions 4.2.3 Substantial Completion 14.8 CONTRACTORS -other 7 Contractual Liability insurance 5.4.10 Contractual Time Limits 122 Coordination Amide or Paragraph mber R's responsibility 6.9 CON'I1tACT0 11 Copies of Documents Correcuon Period Correction. Removal or Acceptance of Defective Work 10.4.1. 13.10-13.14 in general Acceptance of Defective Work 13.13 Correction or Removal of Defective Work 6.30. 13.121 Correction Penod 13.12 OWNER May Correct Defective Work ........... 13.10 OWNER May Stop Work Cost - of Tests and Inspections 11.7 Records Cost of the Work- 114 5.9 Bonds and insurance. additional 11.4.2 Cash Discounts .2 11.4.5.11111 CONTRACTOR'S Fee Employee Expenses11.5 Exclusions to 11.411.5 General Home office and overhead expenses 11,4 11.5 .5 Losses and damages 11.4.2 , Materials and equipment 11,4.4.2 Minor expenses 11 5.8 Payroll costs on changes 1 performed by Subcontractors 11 11.4..3 3 Records 114.5.3 1 7 Rentals of construction equipment and machinery . 11.4.5.5 Royalty payments, permits and license fees facilities 11.4.5.2 Site office and temporary 4 4 Article or Paragraph Numaer Determinations for Unit Prices 9.10 Differing Subsurface or 13.12 Physical Conditions 4 Notice of 41 4.2.6 Discrepancies -Reporting and Resolving .... 2.5. 3.3.2. 6.14 Dispute Resolution - Agreement Arbitration gang Mediation Dispute Resolution Agreement Disputes. Decisions by ENGINEER Documents"' Copies of Record Reuse of Drawings -definition of Easements Effective date of Agreement -definition of Emergencies ENGINEER - as initial interpreter on disputes definition of limitations on authority and responsibilities Special Consultants, CONTRACTOR'S Supplemental Taxes related to the Work Tests and inspection Trade Discounts Utilities. fuel and sanitary facilities Work after regular hours Covering Work Cumulative Remedies Cutting, fitting and patching Data. to be furnished by OWNER Day -definition of 9.11. 9.12 Decisions on Disputes1.14 defective -definition of defective Work - Acceptance of Correction or Removal of Correction Period ENGINF.ER's Review Possible Contract Documents Change Possible Price and Times Adjustments 16.1-16.6 16.1-16.5 16 16.6 16.1-16.6 9.11-9.12 6 19 3.7 1.15 4.1 1.16 6.23 9 11-9.12 1.17 9 13 Replacement of 8.2 Resident Project Representative 9.3 ENGINEER'S Consultant -definition of 1.18 i I. , ENGINEER'S- 9.13 11.4.5 authority and responsibility, limitations on 9.511.4.5.4 Authorized Variations in the Work 13.4 Change Orders. responsibility for 9.7. 10. 11. 12 11.4.2 Clarifications and interpretations 3.6.3, 9.4 11.4.5.7 Decisions on Disputes 9 11-9.12.1 6 13 3 11.4.1 defective Work. notice of 13.6-13.7 Evaluation of Substitute Items 6.327 3 3 17.4-17.5 Liability 19.12 7.2 Notice Work is Acceptable 6.3014.13 8.3 Observations 9.1 17 / 2 OWNER'S Representative Payments to the CONTRACTOR. g g. 14 Responsibility for Recommendation of Payment 14.4, 14.13 Responsibilities- - 9.11-9.13 10.4.1. 13.13 10.4.1. 13.11 13.12 in general 13. 14.7. 14.11 Observation by ENGINEER 9.2 OWNER May Stop Work 13.10 Prompt Notice of Defects 13.1 Rejecting 9.6 13 6 Uncovering the Work i Definitions Delays 4.1. 6.7s 12.3-12.4 2.1 Delivery of Bonds Delivery of certificates of insurance 2.7 7 Limitations on Review of Reports on Differing Subsurface 4.2.4 and Physical Conditions Shop Drawings and Samples. review responsibility Status During Construction - authorized variations in the Work Clarifications and Interpretations Decisions on Disputes 9.11-9.12 Determinations on Unit Price ENGINEER as Initial Interpreter 9.11-9.12 ENGINEER'S Responsibilities 9.1-9.12 6 26 9.5 94 9.10 Article or Paragraph Number Lir .rations on ENGINEER'S Authority and Responsibilities nsibil OWN ER's Representative Project Representative Rejecting Defective Work Shop Drawings. Change Orders and rayu........ - Visits to Site Unit Price Determinations Visits to Site Written consent required Equipment. Labor. Materials and Equipment rental. Cost of the Work Equivalent Materials and Equipment Errors or omissions Evidence of Financial Arrangements 4 �• I Explorations of physical conditions sista-. iiia 11.6 Fee. CON 1 KAP. lvrt s ---C Field Order - definition of 3.6.1.9.5 issued by ENGINEER Final Application for Payment 14.15 14.112 Final Inspection Final Payment- and14.13-14.14 Acceptance Prior to. for cash allowances 173- 11.81.8 General Provisions General Requirements- defintion of principal references to 2.6. 6.4. 6.6-6.7. 6.24 Giving Notice 17.1 Guarantee of Work -by CONTRACTOR 6.30. 14.12 Hazard Communication Programs 6.22 Hazardous Wats- 1.21 definition of S general 8.104.5 OWNER's responsibility for Indemnification 6.12. 6.16. 6.31-6.33 Initially Acceptable Schedules Inspection - Certificates of 9.13.4. 13.5, 14.12 Final Special. required by ENGINEER Tests and Approval 8.7. 13.3-13.4 Insurance- 5,14 Acceptance of. by OWNER Additional. required by changes in the Work 11.4.5.9 Before starting the Work 2.7 Bonds and -in general 5 Cancellation Provisions 5.8 Certificates of .. 2.7. 5. 5.3. 5.4.11. 5.4.13. 5.6.5. 5.8. 5.14. 9.13.4. 14.12 completed operations 5.4.13 CONTRACTOR s Liability 5.4 CONTRACTOR'S objection to coverage 5.14 Contractual Liability 5.4.10 Articie or Paragraph Number deductible amounts. CON T RAC:OR s 5.9 913 responsibility 9.1 Final Appiicatlon for Payment ........... . .... . . . . . . 14.12 9.3 Licensed insurers 5.3 9.6 Notice requirements. material changes 5.8. 10.50 5.14 9.7-9.9 Option to Replace .5.10 9.2 other special insurances 5.12-5.13 9.10 OWNER as fiduciary for insureds5.5 9.2 OWNER'S Liability _ 5.5 7.2.9.1 OWNER'S Responsibility5.15. 6.3-6.5 Partial Utilization. Property Insurance 11.4.5.3 Property 5.6-5,10 6.7 Receipt and Appiicalion of Insurance Proceeds .. 5.12-5.13 6.33 Special lnsurance 0 8 11 Waiver of Rights 3 5.11 Intent of Contract Documents 3 6 3 9.4 -3.4 Interpretations and Clarifications investigations of physical conditions ........... • ........ 4.2 1.19 Labor. Materials and Equipment 6.3-6.5 Lands- 8.4 and Easements Availability of 4.1. 8.4 Reports & Tests 8.4 Laws and RegulationS®LaWS or Regulations - Bonds 5.1-5.2 Changes in the Work ................................ 10.4 Contract Documents ................................ 3.1 CONTRACTOR'S Responsibilities 6.14 1.20 Correction Period. defective Work 13.12 Cost of the Work. taxes 11.4.5.4 definition of 1.22 general 6.14 Indemnification 6.31-6.33 Insurance 5.3 Precedence _..... 3.1. 3.3.3 Reference to 3.3.1 Safety and Protection 6.20. 13.2 Subcontractors. Suppliers and Others 6 8-6.11 Tests and Inspections Use of Premises 6.16 Visits to Site 9 Liability Insurance- CONTRACTOR'S nsurance- S.4 CONTRACTOR' S OWNER's 5.5 Licensed Sureties and Insurers 5.3 Liens- Appiication for Process Payment 14e2 Contractor's Warranty of Title 14.3 Final Application for Payment 14.12 definition of - 1.23 Waiver of Claims 14.15 Limitations on ENGINEER'S authority and responsibilities 9.13 Limited Reliance by CONTRACTOR Authorized 4.2 Maintenance and Operating Manuals - Final Application for Payment 14.12 Manuals (of others/ - Precedence 3.3.3.1 2.9 td 11 9.6 8 Article or Paragraph Number Reference to in Contract Documents 3.3.1 Materials and equipment- 6.3 furnished by CONTRACTOR 14 3 not incorporated in Work 6 2 2 Materials or equipment--eqt ivalent 16 7 Mediation (Optional) 1.24 Milestones -definition of Miscellaneous- 17.2 Computation of Times 17.4 Cumulative Remedies 17 l Giving Notice 17.3 Notice of Claim Professional Fees and Court Costs Included 17.5 Multi-pnme contracts 7 4.3 7 Not Shown or Indicated Notice of- 14.13 Acceptability of Project 1.25 Award. definition of 17.3 Claim .1 Defect. 4 17 Differing Subsurface or Physical Conditions 2.3 17.1 Giving 7.3 Tests and inspections 1 1 .3 Variation. Shop Drawing and Sample 27 Notice to Proceed- definition1.26 of 2.3 giving of 12.3 Notification to Surety 6 30.9 Observations. by ENGINEER 14.10 .2 Occupancy of the Work 5 6.30.2.4.15. 410 Omissions or acts by CONTRACTOR 5 . 26 "Open peril" policy forth. Insurance 5 14 Option to Replace 6 4 "Or Equal" Items 7 Other work 6.7 Overtime Work -prohibition of OWNER- 13.13 Acceptance of defective Work 8 3 appoint an ENGINEER 5,135..2 as fiduciary 1 Availability of Lands. responsibility 1 4.1 definition of 3 27 data. furnish 13. 8.3 May Correct Defective Work 14 May refuse to make payment 13, 14.7 May Stop the Work 10 may suspend work. terminate 8.8. 13.10. 15.1-15.4 prompt 8.3. 14.4. 14.13 Payment. make 7.1 performance of other Work 6 .3 permits and licenses. requirements 566,13 purchased insurance requirements 0 OW N ER's- 6.30.2.5 Acceptance of the Work Change Orders. obligation to 8.6. 10.4 execute 8 1 Communications 8 Coordination of the Work 9 7.4 Disputes. request for decision 9 Article or Paragraph Numoer Inspections. tests and approvals 8.7. 13.4 c: Notice of Defects 13.1 Representative -During Construction. 9 t ENGINEER'S Status Responsibilities - Asbestos. PCB's. Petroleum. Hazardous .10 Waste on Radioactive Material 8.10 Change Orders 10.1 Changes in the Work 0.1 communications responsibilities 8.91 CONTRACPOR's 8.11 evidence of financial arrangements inspections. [esu and approvals 8.7 Insurance 8.5 8.45 lands and easements 8.3 prompt payment by 8 3 replacement of ENGINEER 8 2 repot and tests 8.8. 13.10. 15.1 stop or suspend Work terminate CONTR CTOR's services 8.8. 15.2 separate representative at site 9.3 13.43 Liability Insurance independent testing use or occupancy of the Work written consent or approval required written notice required 7.1.9.4. 9.11, 11 2. 11.9. 14.7. 15.4 PCBs - definition of general 49 8.105 OWNER'S responsibility for Partial Utilization- t 38 definition of 6.30.2.4. 14.10 general • 5.15 5.15. 14.10 9.1. 6.3. 11.4 Property Insurance 3 Patent Fees and Royalties 5, 6.I 6.12 Payment Bonds 14.4-147. 14.13 Payments. Recommendation of Payments to CONTRACTOR and Completion- 14 2 Application for Progress Payments 14.3 3 CONTRACTOR'S Warranty of Title 14. Final Application for Payment 14.11 Final Inspection Final Payment and Acceptance 14.13-14.14 general 8.3. 14 Partial Utilization 14.10 Retainage 14.2 Review of Applications for Progress 14 4-14.7 Payments 8.3 prompt payment Schedule of Values 14.8-14.1 18.1 Substantial Completion 14.15 9 Waiver of Claims when payments due 14.4. 14 14.13 withholding payment .7 Performance Bonds 5.1-5.2 6.13 Permits Article or Paragraph Number Petroleum- 1.30 definition of general 4.5 OWNER's responsibility for 8.10 Physical Conditions- Driwings of. in or relating to - - 4.2.1.2 2.2.2 ENGINEER'S review existing structures 4.2.2 general 4.2.1.2 Subsurface and. 4.2 Underground Facilities 4.3 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4.2.6 Reports and Drawings 4 2.1 Notice of Differing Subsurface or. 4.2.3 Subsurface and 4.2 Subsurface Conditions - - 4.2.1.1 Technical Data. Limited Reliance by CONTRACTOR Authorized 4.Z' Underground Facilities - general Not Shown or Indicated 43.2 Protection of 4.3. 6.20 Shown or indicated 4.3.1 Technical Data 4 2 Preconstruction Conference 2.8 Preliminary Matters 2 Preliminary Schedules 2.6 Premises. Use of 6.16.6.18 Price. Change of Contract 11 Price, Contract -definition of 1.11 Progress Payment. Applications for 14.2 Progress payment -retainage 14.2 Progress schedule. CONTR.ACTOR's 2.6. 2.8. 2.9. 6.6. 6.29. 10.4. 15 2.1 Project -definition of 131 Project Representative- ENGINEER's Status During Construction 9.3 Project Representative. Resident -definition of 1.33 prompt payment by OWNER 8.3 Property Insurance Additional 5.7 general 5 6-5.10 Partial Utilization 5.15. 14.10.2 receipt and application of proceeds 5.12-5.13 Protection. Safety and 6.20-6.21. 13.2 Punch list 14.11 Radioactive Material - definition 1.32 general 4.5 OWNER's responsibility for 8.10 Recommendation of Payment 14.4. 14.5, 14.13 Record Documents 6.19. 14.12 Records. procedures for maintaining .................... 2.8 Reference Points 4.4 Reference to Standards and Specifications of Technical Societies 3 3 l0 Article OF Paragraph Number Regulations. Laws and (or) 6.14 Rejecting Defective Work 9 6 Related Work - at Site 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies. cumulative 17.4, 17.5 ___..at or Correction of Defective Work 13.11 rental agreements. OWNER approval required 11.4.5.3 replacement of ENGINEER. by OWNER 8.22 Reposing and Resolving Discrepancies .... 2.5. 3,3.2, 614.2 Reports - and Drawings 4.2.1 and Tests. OWNER's responsibility 8.4 Resident Project Representative - definition of 1.33 provision a®r..........<.............................. 9.3 Resident Superintendent. CONTRACTOR'S Respon sbilities- CONTRACIOR's-in general 6 ENGINEER'S -in general 9 Limitations on 9.13 OWNER's-in gener2I _ 8 Retainage 14.2 Reuse of Documents ...................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal 6.25 Review of Applications for Progress Payments 14.4=14.7 Right to an adjustment 10.2 ° Rights of Way 4.1 Royalties. Patent Fees and 6 t2 Safe Structural Loading 6 18 Safety - and Protection ....... 4.3.2. 6.16. 6.18. 6.2^.,-5- .21.7.2. 13.2 general 6.20-6.23 Representative. CONTRACTOR'S 6.21 Samples - definition of 1.34 general 6.24-6.28 Review by CONTRACTOR 6.25 Review by ENGINEER 6.26, 6.27 related Work 6 28 submittal of 6.24.2 submittal procedures 6 25 Schedule of progress 2.6. 2.8-2.9: 6.6, 6.29. 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6. 2.8-2.9. 6.24-6.28 Schedule of Values _ .... 2.6. 2.8-2.9. 14.1 Schedules - Adherence to 15.2.1 Adjusting 6.6 Change of Contract Times 10.4 Initially Acceptable 2.8-2.9 Preliminary 2.6 Scope of Changes 10.3-10.4 Subsurface Conditions 4 2.1.1 Shop Drawings - and Samples. general Change Orders & Applications for Payments. and 9.7-9.9 definition of 1.35 ENGINEER'S approval of 3.6.2 ENGINEER'S responsibility q.7.6.24-6.28 for review 6.28 related Work 24.6.8 review procedures 2.8.6. 4.6.2 2 submittal required 6.25 4.1 Submittal Procedures 6 5 use to approve substitutions 4.3.1 Shown or Indicated Site Access 73. I3.' Site Cleanliness 6.17 Site. Visits to- 9,2, I3 2 by ENGINEER 13." Article or Paragraph Number Article or Paragraph Numoer Substitute Items 6.7.1.2 • 6.24-6.28 Subsurface and Physical Conditions - by others "Special causes of loss" policy form. insurance 5.6 2 Specifications - definition of 31. of Technical Societies. reference to 3.3.3 . precedence Standards and Specifications of Technical .3 Societies 3 2,5 3.3 Starting Construction. Before '.4 Starting the Work Stop or Suspend Work - by CONTRACTOR by OWNER 8.8. 13.10. 15.1 Storage of materials and equipment 4.1. 7.2 Structural Loading. Safety 6.18 Subcontractor- 11 6.8-6. Concerning. 1.11 definition of 37 delays waiver of nghts Subcontractors -in general Subcontracts -required provisions 5.11. 6.11. 11.4.3 Submittals- Appiications for Payment Maintenance and Operation Manuals Procedures Drawings of. in or relating to ENGINEER'S Review general Limited Reliance by CONTRACTOR Authorized Notice of Differing Subsurface or Physical Conditions Physical Conditions Possible Contract Documents Change Possible Price and Times Adjustments Reports and Drawings Subsurface and Subsurface Conditions at the Site Technical Data Supervision- CONTRAC'IOR's responsibility OWNER shall not supervise ENGINEER shall not supervise Superintendence Superintendent. CONTRACTOR s resident Supplemental costs Supplementary Conditions - definition of principal reference to .... 1.10. 1.18. 22.2.7.4 5.3. 5.4. 5.6-5.9. 5.11. 6.8. 6.13. 7.4. 8.1 Supplementing Contract Documents Supplier - definition of 1.40 principal references to 3.7. 6.5. 6.8-6.11. 6.20. 624.9.13. 14.12 Waiver of Rights 6.11 Surety - consent to final payment 14.12. 14.14 ENGINEER has no duty to 9.13 12.3 Notification of 10.1. 10.5. 15.2 6.11 qualification of .5.1-5.3 4 4.'_.4 4.: 4 2.2 4.2.3 4 2.1 4.'.6 a.4.2 42.1.1 4 2 2 6.1 8.9 92.9.13 9.13.2 6.3 62 11.4.5 1.39 .2.4.3.5.1. 1.9.3.9.10 3.6 6 8-6.11 Survival of Obligations 6.34 Suspend Work. OWNER May 13.10. 15.1 Suspension of Work and Termination- 15 14.2 CONTRACTOR May Stop Work or 14.12 Terminate 15.5 6.25 OWNER May Suspend Work 15.1 OWNER May Terminate 152-15.4 Taxes -Payment by CONTRACTOR 6 15 Technical Data - Limited Reliance by CONTRACTOR 4 2 2 Possible Price and Times Adjustments 4.2.6 Reports of Differing Subsurface and Physical Conditions 4 2.3 Temporary construction facilities 4 1 Termination - by CONTRACTOR 15.5 by OWNER 8.8. 15.1-15.4 of ENGINEER'S employment 8.2 Suspension of Work-in general 15 Terms and Adjectives 3.4 Tests and Inspections - Progress Schedules 2.6. 2.9 Samples 6.24-6.28 Schedule of Values 2.6. 14.1 Schedule of Shop Drawings and Samples Submissions 2.6. 2.8-2.9 Shop Drawings 6.24-6.28 Substantial Completion - certification of 6.30.2.3. 14.8-14.9 definition of 1.38 Substitute Construction Methods or Procedures 6.7 .2 Subsututes and "Or Equal" Items 6.7 CONTRACTOR'S Expense 6.7.1.3 ENGINEER'S Evaluation 6.7.3 "Or -Equal" 6.7.1 Substitute Construction Methods of Procedures 6.7.2 11 Article or Paragraph Number Acct s to the Work. by others 13.2 CONTRACTOR'S res-pms•b.l_tie_s_ 13.5 cost of 13.4 covenng Work prior to 13.6-13.7 Laws -and Regulations (or) .......................... 13.5 Notice of Defects 13.1 OWNER May Stop Work 13.10 OWNER's independent testing 13.4 special. required by ENGINEER 9.6 timely notice required 13.4 Uncovering the Work. at ENGINEER's request Times - Adjusting 6.6 Change of Contract 12 Adjusting . , _ - - 6.6 Computation of 17.2 Contract Times -definition of 1.122 day 17.72 Milestones 12 Requirements- appeals16 clarifications. claims and disputes ............................ . 9.11. 11.2. 12 commencement of contract times ................... 2.3 preconstructton conference 2.8 schedules 2.6. 2.9. 6.6 startingthe Work .................................. 2.4 12.4 Title. Warranty of Uncovering Work 13.8-13.9 Underground Facilities. Physical Conditions - definition of 1.41 Not Shown or Indicated 4.3.2 protection of 4.3. 6.20 Shown or Iridicated 4.3.1 Unit Price Work - claims 11.9.3 definition of 1.42 general 11.9. 14.1. 14.5 Unit Prices - general 11.3.1 Determination for 9.10 Use of Premises 6.16. 6.18. 6.30.2.4 Utility owners 6.13, 6.20, 7.1-7.3. 13.2 13.8-13.9 12 Article or Paragraph Number Utilization. Partial 128. 5.15. 6.30. 2.4. 14.10 Value of the Work Values. Schedule of Variations in Work -Minor Authorized 6.25. 6.27. 9.5 Visits of Site -by ENGINEER 9.2 Waiver of Claims -on Final 11.3 ®. �.® 7. 1I4.1 Payment Waiver of Rights by insured parties Warranty and Guarantee. General -by CONTRACTOR Warranty of Title. CONtRACTOR's Work - Access to by others. Changes in the Conunu;ng the. CONTRACTOR May Stop Work or Terminate Coordination of Cost of the definition of neglected by CONTRACTOR other Work OWNER May Stop Work OWNER May Suspend Work ....... Related. Work at Site Starting the Stopping by CONTRACTOR Stopping by OWNER Variation and deviation authorized. minor Work Change Directive - claims pursuant to 10 definition of 1.44 principal references to .................... 3.5.3. 10.1-10.2 Written Amendment - definition of 1.45 principal references to ... 1.10. 3.5.5.10. 5.12. 6.6.2. 6.8.2. 6.19. 10.1. 10.4, 11.2. 12.1. 13.12.2. 14.7.2 Written Clarifications and Interpretations 3.6.3. 9.4, 9.11 Written Notice Required - by CON1RR 7.1, 9.10.9.11. 10.4. 11.1 12.1 by OWNER 9 10-9.11, 10.4. 11.2. 13.14 1;.15 5.11. 6.11 6.30 14.3 132 7 10 6.29 15.5 7.4 11.4-11.5 1.43 13.14 7 '3.10 13.10. 15.1 7.1-7 2.4 15.5 15.1-15.4 3.6 • GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Conaact Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement—The written contract between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached w the Agreement and made a part thereof as provided therein. 1.3. Application for Payment The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents—The advertisement or invitation to Bid. instructions to bidders. the Bid form. and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements The advertisement or invita- tion to Bid. instructions to bidders. and the Bid form. 1.8. Bonds—Performance and Payment bonds and other instruments of security. 1.9. Change Order—A document recommended by ENGI- NEER. which is signed by CONTRACTOR and OWNER and authorizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Times. issued on or after the Effective Date of the Agreement. 1.10. Contract Documents The Agreement. Addenda (which pertain to the Contract Documents). CONTRACTOR'S Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement. the Notice to Proceed. the Bonds. these General Conditions. the Supplementary Conditions. the Specifications and the Draw- ings as the same are more specifically identified in the Agree - 13 meat. together with all Written Amendments. Change Orders. Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5. 3.6.1. and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Tunes—The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion. and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR—The person. firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective—An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. in that it does not conform to the Contract Docu- ments. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents. or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings—The drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or 'approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are. not Drawings as so defined. 1.16. Effective Date of the Agreement The date indicated in the Agreement on which it becomes effective. but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER The person. firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant—A person. firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER'S independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements—Sections of Division 1 of the Specifications. 1.21. Hazardous Waste—Tne tem Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time._ 1._' 2. Laws and Regulations: Laws or Regulations_-Afy and all applicable laws. rules. regulations. ordinances. codes and orders of any and all governmental bodies. agencies. authorities and courts having jurisdiction. • 1.23. Lens—Liens. charges. security interests or encum- brances upon real property or personal property. 1.24. Milestone—A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will ' sign and deliver the A"""r'ent 1.26. Notice to Proceed—A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER—The public body or authority, corpora - non. association. firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization—Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs—Polychlorinated biphenyls. 1.30. Petroleum --Petroleum. including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). such as oil. petroleum. fuel oil. oil sludge. oil refuse. gasoline. kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project—The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material—Source. special nuclear. or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized resentasive of ENGINEER who may be assigned to the site or any put thereof. 1.34. Samples—Physical examples of materials. equipment. or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings—All drawings. diagrams. illustra- tions. schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR anda�submitted by CONTRACTOR to illustrate some portion of the Work. 14 1.36. Specifications—Tiwse portions of the Contract Doc- uments consisting of written technical descriptions of materi- als. equips construction systems. standards and workman- shipas applied to the Work and certain administrative details ap plicable thereto. 1.37. Subcontractor—An individual. firm or corporation having a direct contact with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion—The Work (or a specified part thereof) has progressed to the point where. in the opinion of ENGINEER as evidenced by ENGINEER'S definitive certificate of Substantial Completion. it is sufficiently com- plete. in accordance with the Contract Documents. so that the Work (or specified part) can be utilized for the purposes for which itis intended: or if no such certificate is issued. when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms ' subshtially complete" and -substantially completed" as applied to all or part of the Work refer to Substantial Compietion thereof. 1.39. Supplementary Conditions—The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier—A manufacturer, fabricator. supplier. dis- tributor. materialrr.an or vendor having a direct contract with CONTRACMR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities—ATI pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. 1.42. Unit Price Work—Work to be paid for on the basis of unit prices. 1.43. Work The enure completed construction or the var- ious separately identifiable pans thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction. and performing or furnishing services and furnishing docu- ments. all as required by the Contract Documents. 1.44. Work Change Directive—A written directive to CON- TRACTOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. ordering an addition. deletion or revision in the Work. or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times. but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect. ;n any. on the Contract Price or Contract Times as pro paragraph 10.2. 1.45. Written Amendment—A. written amendment of the Contract Documents. signed by ONER and CONTRACTOR ' on or after the Effective Date of the Agreement normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. Commencement of Contract Times; Notice to Proceed 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Tunes eotncrier= to run lacer than the sixueth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starring the Work: 2.4. CONTRACTOR shall start to perform the Work on the dace when the Contract Times commence to run. but no Work shall be done at the site prior to the date on which the Contract Tunes commence to run. Before Starring Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict. error. ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict. error. ambiguity or discrepancy in the Contract Doc- uments. unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work. including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting. reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR and OWNER shall each deliver to the other. with copies to each additional insured identified in the Supplementary Condi- tions. certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4.5.6 and 5.7. 15 P onso ucdon Conference: 2.8. Within twenty days after the Contract Times start to run. but before any Work at the site is started. a conference attended by CONTRACTOR. ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop am.• Drawings and other submittals. processing AppnclsrofS for Payment and maintaining required records. initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments. at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR.. ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTDR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times. but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing. scheduling orprogress 'of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR'S full responsibility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR'S schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE ICLE 3 --CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Inane: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contrast Documents are complementary; what is called for by one is as binding as if called for by a1!. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction Industry or trade meaning are used to describe Work. materials or equipment. such words or phrases shall be interpreted in accordance with that meaning. Clarifi- 16 canons and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Rejerenee to Standards and Specifications s of Technical Societies. Reporting and Resolving Discrepancies: 3.3.1. Reference to standards. specifications. manuals or codes of any technical society, organization or association. or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication. shall mean the latest standard. specification. manual. code or Laws or Regulations in effect at the time of opening of Bids (or. on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If. during the performance of the Work. CON- TRACTOR discovers any conflict. error. ambiguity or dis- y within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard. specification. manual or code or of any instruction of any Supplier referred to in paragraph 63. CONTRACTOR shall report it to ENGINEER in writing at once. and. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 613) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided. however. that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict. error. ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.3 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict. • error. ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard. speci- fication. manual. code or instruction (whether or not specifically incorporated by reference in the Contract Documents): or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard. specification. manual. code or instruction shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their subcontractors. consultants. agents. or em- ployees from those set forth in the Contract Documents. nor shall it be effective to assign to OWNER. ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered." "as directed." "as required." "as allowed." "as approved" or terms of like effect or import are used. or the adjectives "reasonable. 'suitable. 'acceptable. 'proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction. review or judg- ment of dNGINEER as to the Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate. in general. the completed Work for compliance with the requirements of and information in heContract of the Documents and conformance with the design completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the y or furnishing or performance of the Work or any authority to undertake9 responsibility or anyothertrary to provision eof the provi- sions of paragraph Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment. 3.5.2. a Change Order (pursuant to paragraph 10.4). or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition. the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- tions in the Work may be authorized. in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER'S approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. ENGINEER'S written interpretation or clarifica- uon (pursuant to paragraph 9.4). _. Reuse of Documents: 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings. Specifications or other documents for copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER'S Consultant. and (ii) shall not reuse any of such Drawings. Specifications. other documents or copies on extensions of the Project or any other project without wntten consent of OWNER and ENGINEER and specific wntten verification or adaption by ENGINEER. ARTICLE 4 --AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS Availabr7ity of Lands: 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be performed. rights-of-way and easements for access thereto. and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request. OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER'S interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands. rights-of-way or easements. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 17 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents: and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized: Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech - meal data." CONTRACTOR may not rely upon or make any etaim against OWNER. ENGINEER or any of ENGINEER'S Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR'S purposes. including. but not limited to. any aspects of the means, methods, techniques. se- quences and proedurres of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto. or 4.2.2.2. other data. interpretations. opinions and infor- mation contained in such reports or shown or indicated in such drawings. or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data. interpretations. opinions or information. Physical /".. .1:= 4.2.3. Notice of Differing Subsurface or Physical aro nd :ions: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.; .1 and 4.2.2 is materially inaccurate. or 4.2.3.2. is of such a nature as to require a change in the Contract Documents. or • 4.2.3.3. differs materially from that shown or indicated in the Contract Documents. or 4.2.3.4. is of an unusual nature. and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall. promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23). notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER'S Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Pouibk Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the caLegories in paragreph 4.2.3.. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times. or _� the extent that existence of such hoot. writ be allowed W the cAt:.u• ...... the �...�-_.___ __ uncovered or revealed condition causes an increase or de- crease in CONTRACTOR'S cost of. or time required for performance of. the Work; subject. however. to the following: 4.2.6.1. such condition must meat any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4. inclusive; 18 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 wl71 not be an automatic authorization of nor a condition precedent to entitlement to any suchadjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis. any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2,6.4. CONTRACTOR OR shall not be entity to any adjustment in _the Contract Price or Tithes if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Tunes by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discoverer or revealed as a result of any examination. investigation. exploration. test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR'S making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. 1f OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times. a claim may be made therefor as provided in Article 11 and 12. However. OWNER. ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims. costs. losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions—Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Conuact Documents with respect to existing Underground Facilities at or contiguous to the site is based on , information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by other. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data: and 4.3.1.2. The cost of all of the following included lin the Contract Price and CONTRACTOR shall have full l and respon- sibility fon (i) reviewing and checking all such ue data. (ii) loraating all Underground Facilities shown or indicated in the Contract Documents. (iii) coordination of the Work with the owner of such Underground Facilities during construction. and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in afterhe Contract becoming aware Documents. and CON- TRACTOR shall. promptly betore further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23). identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the • extent. if any. to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time. CONTRACTOR shall raFacility respon- sible for the safety and protection of such Underground y as provided in p<ragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times. or both. to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. tlIf OWNER and CONTRACTOR are unable to agree o mens entitle- ment to or the amount or length of any may make in Contract Price or Contract Times. CONTRACTOR a claim therefor as provided in Articles 11 and 12. However. OWNER. ENGINEER and ENGINEER'S Consultants shall not be liable to CONTRACTOR for any claims. costs. losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work. shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum. Hazudous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos. PCBs. ftro ewfl. Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR. Subcantactor. Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23). and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action. if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work. or (u) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment. if any. in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed. either party may make a claim therefor as provided in Articles 11 and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe. or does not agree to resume such Work under such special conditions. then OWNER may order such- portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment. if any. in Contract Price or Contract Times as a result of deleting such portion of the Work. then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER'S own forces or others in accordance with Article 7. 4.5.4. To the fullest extent pemitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR. Subcontractors. ENGINEER. ENGINEER'S 19 Consultants and the officers. directors. employees• its. other consultants and subcontractors of each and any of them frena and against all claims. cults. losses and damages -�••--- arising out of or resulting from such hazardous condition. provided that: (i) any such claim. cost. los., or damage is attributable to bodily injury. sickness. disease or death. or to injury to or destruction of tangible property (other than the Work imam. inch!ding Ile hiss of use resulting therefrom. and iii) nothing in this subpuragrtph 45.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5—BONDS AND INSURANCE !informs/we, Payment and Other Basle: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shalirbe in the form prescribed by the Conmtct `- ments except as provided otherwise by Laws or Regulations. and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff. Bureau of Government Financial Opera- tions. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety. both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers: Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance 20 companies that are duly licensed or authorized to the jun,- diction in which the Project is located to issue B+mds or insurartce policies for the limits and coverages so regutred. Such surety and insurance companies shall also -..t meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER. with copies to each additional insured identified in .he Supple- mentary Conditions. certificates of insurance tund other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR. with copies to each additional insured identified in the Supplementary Conditions. certificates of insurance land other evidence of insurance requested by, CONTRACTOR or any other addi- tionad insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. CONTRACTOR's Dairy I 5.4. CONTRACTOR shall purchase and maintain such liability and other inssmuice as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR'S other obligations under the Con- tract Documents. whether it is to be performed or furnished by CONTRACTOR. any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work. or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation. disability benefits and other similar employee benefit acts: 5.4.2. claims for damages because of bodily injury. oc- cupational sickness or disease. or death of CONTRAC- TOR's employees: 5.4.3. claims for damages because of bodily injury. sick- ness or disease or death of any person other than CON- TRACTOR's employees: 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: li) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (iii by any other person for any other reason: .5.4.5. claims for damages. other than to the Work itself. because of injury to or destruction of tangible property wherever located. including loss of use resulting therefrom: and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive. include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER. ENGINEER. ENGINEER% Con- sultants and any other persons or entities identified in the Supplementary Conditions. all of whom shall be listed as additional insureds. and include coverage for the respective officers and employees of all such additional insureds: 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations. whichever is greater: 5.4.9. include completed operations insurance: 5.4.10. include contractual liability insurance covering CONTRACTOR% indemnity obligations under paragraphs 6.12. 6.16 and 6.31 through 6.33: 5.4.11. contain a provision dr endorsement that the coverage afforded will not be cancelled. materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued land the certificates of insurance furnished by CONTRACTOR pursuant to paragraph 5.3.2 will pro- vide): 5.4.12. remain in effect at (east until final andt may be ll times thereafter when CONTRACTOR correct- ing. removing or replacing defective Work in accordance with paragraph 13.12: and 5.4.13. with respect to completed operations insurance. and any insurance coverage written on a claims -made basis. remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER'S Liability Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER. at OWNER'S option. may purchase and maintain at OWNER'S expense OWNER'S own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions. OWNER shall purchase and maintain property insur- ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER. CONTRAC- TOR. Subcontractors. ENGINEER. ENGINEER'S Con- sultants and any other persons or entities identified in the Supplementary Conditions. each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured: 5.6.2. be written on a Builder's • ha skalt at open — or open peril or special causes of loss policy form include insurance for physical loss or damage to the Work. temporary buildings. falsework and Work in transit and shall insure against at least the following perils fire. lightning. extended coverage. theft. vandalism and malicious mischief. earthquake. collapse. debris removal. demolition occasioned by enforcement of Laws and Regulations. water damage. and such other penis as may be specifically required by the Supplementary Conditions: 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects): 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work. provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER: and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER. CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulation which will include the interests of OWNER. CONTRACIOR.Subcontractors• ENGINEER. ENGINEER'S Consultants and any other persons or entities identified in the Supplementary Conditions. each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will cocain waiver provisions in accordance with paragraph 5.11. 21 5.9. OWNER shall not he responsible for purchasing and „at;ntat^t^p any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount. will he borne by CONTRACTOR. e...e.t.a or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchasers own expense. 5.10. if CONTRACTOR regtests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7. OWNER shall. if poss i- ble, include such insurance. and the oast thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at OWNER shall in advise CONTRACTOR the sate, writing whether or not such other insurance has been procured by OWNER. 5.11. Waiver of Rightt: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with garagrephs 5.6 and 5.7 will protect OWNER. CONTRACTOR. Subcontractors. ENGINEER. ENGINEER'% Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insure= will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CON'iRAC1OR waive ail rights against each other and their respective officers. directors. employees and agents for all losses and damages caused by. arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work: and. in addition. waive all such rights against Subcontractors. ENGINEER. ENGINEER'S Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any parry making such waiver may have to the plod of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition. OWNER waives all rights against CONTRACTOR. Subcontractors. ENGINEER. ENGI- N EER's Consultants and the officers. directors. employees and agents of any of them. for. 5.11.2.1. loss due to business interruption. loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER'S property or the Work caused by. arising out of or resulting from fire or other peril. whether or not insured by OWNER: and 5.11.2.2. lams or damage to the completed I'rorect part thereof Mused hy. arising out of or resulting tram vire or other insured peril covered by any property insurance maintained un the completed Project or part thereof h} OWNER during pranial utilization pursuant to paragraph 14.10. after substantial completion pursuant to paragraph t4.i1 or after final payment puoauant to paragraph 14.13. Any insurance policy maintained by OWNER covering any lass, damage or consequential loss refereed to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such lues. damage or consequential loss the insurers will have no rights of recovery aprainst any of CON- Tger-;pR, Subcontractors. ENGINEER. ENGINEER. nCtsf Con- sultants and the officers. directors. employees and age any of them. Receipt and Applicition of insurance Proceeds 5.12. Any insured loss under the policies of insurance 5.7 will be adjasted with required by paragraphs 5.6 and 'fur the OWNER and made payable to OWNER as fiduciary insureds. eds. as their interests may appear. subject to the require- ments daisy applicable mortme clause and of paragraph 5.13. OWNER shall deposit in at separate account any money so received. and shall distribute it in =confer= with such agree- ment as the Fries ::a inti may !reach. If no other special agreement is reached the Work shall be rewired or replaced. the moneys so received applied un account thereof and the Work and the cent thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the ocon e m of los; to OWN ER's exercise of this power. If such objection be made. OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parts in interest may reach. If no such agreement am ngthe the in interest is reached. OWNER as fiduciary and settle the toss with the insurers and. if required in writing by any party in interest. OWNER as fiduciary shall give pond for the proper performance of such duties. Acceptance of Bonds and Insurance: Option to Replace: 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-confonrance with the Contract Documents. the objecting party shall so notify the other party in writing within ten days after receipt of the certifitnues tor other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents. such party shall notify the other parry in writing of such failure to purchase prior to the start of the Work. or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy. the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was 1.1 required to provide such coverage. and a Change Order shall be issued to adjust the Contract Price accordingly. Pam Ud adon—Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion n of all the Work. such use or occupancy may be accomplished accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies. buot pew n eertoy ant insur- ance shall not be cancelled or permitted of any such partial use or occupancy. ARTICLE 6 --CONTRACTOR'S RESPONSIBILITIES Supervision and Superinrendsnce 6.1. CONTRACTOR shall supervise. inspect and direct the Work competently and efficiently, devoting such enon be thereto and applying such skills and expertise m ynecessary to perform the Work in accordance with the Con- tract tract Documents. CONTRACTOR shall be solely responsible for the means. methods. techniques. sequences procedures of construction. but CONTRACTORfi on responsible for the negligence of others in the design r p procedurenof a specific means. method. technique. sequencef construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRAC'TOR'S representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: - 6.3. CONTRACTOR shall provide competent- suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents- CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without OWNER'S written consent given after prior wntten notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transportation. con- st7UCtlon equipment and machinery. tools. appliances. fuel. power. light. heat. telephone. water. sanitary facilities. tempo- rary facilities and all other facilities and incidentals necessary for the furnishing. performance. testing. start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new. except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER CONTRACTOR shall furnish satisfacwry evidence (including reports of required tests) as to the kind and quality of miaterials and equipment. All materials and equipment shall be applied. installed. connected. erected. used. cleaned and conditioned in accordance with instructions of the applicable Supplier. except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 23 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments ments will conform generally to the progress schedule in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" lams: 6.7.1. Whenever an item of material or equipment is specified or described in the -Contract Documents by using the name of a proprietary item or the name of a particular Supplier. the specification or description is intended to establish the type. function and quality required. Unless the specification or description contains or is followed by words reading that no like. equivalent or "or -equal" item or no substiwuon is permitted. other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal": if in ENGINEER'S sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required. it tr.ay be considered by ENGINEER as an "or -equal" item. in which case review and approval of the proposed item may, in ENGINEER'S sole discretion. be accomplished without comphsnce with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1. it will be considered a pro- posed substitute iters. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented In the General Requie�rie'nta, and � e..��wse�b.--- may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall first make wrinen appli- cation to ENGINEER for acceptance thereof certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design. be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent. if any. to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the r oje`t) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected by the resulting change. al! of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GiNEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTR,ACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means. method. technique. sequence or procedure of 24 construction is shown or indicated in and expressly required by the Convect Documents. CONTRACTOR may furnish or utilize a s b!tinpr means. method. technique. sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow £NG1. NEER. in ENGINEER'S soie discretion. to determine that the substitute proposed is equivalent to that expressly Bled for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineers Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sok judge of acceptability. No "or - eq " or substitute will be ordered. installed or utilized without ENGINEER'S prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CO R's expense a special performance guarantee or other surety with respect tap arty "or- equal" or substitute. ENG!N ER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions deny other direct contract with OWNER for work on the Project) ocea'.sioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CO R, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S Consultants for evaluating each such proposed substitute item. Concerning Subconaaemrs, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2). whether initially or as a substitute. against whom OWNER or ENGINEE_R may have rea=son- able objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of rnaterials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER. and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions. OWNER'S or ENGINEER'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor. Supplier or other person or organization so identified may be revoked on the basis of masonable objection after due investigation. in which case CONTRACTOR shall sub- mit an acceptable substitute. the Contract Price will be adjusted by the difference in the cost occasioned by such substinruon and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNERoR or ENGINEER of any such Subcontractor. Supp lier er person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors. Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with "CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such ubaon- tractor. Supplier or other person or organization. nor sll it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7. the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER. CONTRACTOR. ENGINEER. ENGINEER'S Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work..If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal - nes and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention. design. process. product or device which is the subject of patent rights or copyrights held by others. If a particular invention. design. process. product or device rs specified rn the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others. the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harm- less OWNER. ENGINEER. ENGINEER'S Consultants and the officers. directors. employees. agents and other consultants of each and any of them from and against all claims. costs. tosses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion o- rpo tion in the Work of any invention. design. process. product device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- stmction pests and licenses. OWNER shall assist CON- TRACTOR. when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of opening of Bids. or. if there are no Bids. on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 25 Laws and Regulation: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations. neither OWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims. costs. losses and damages caused by, arising out of or resulting therefrom: however. it shall not be CONTRACTOR'S pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations. but this shall not relieve CONTRACTOR of CON'TRAC- TOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment -the storage of rnaterhAs and equipment and lire opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other landarid eo-cass ts and permitted by Laws and Regulations. rights-of-way, perm easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area. or to the owner or occupant thereof or of any adjacent land or areas. resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion n or other dispute resolution proceeding or at law. CON- TRACTOR shall. to the fullest extent permitted by Laws and Regulations. indemnify and hold harmless OWNER. ENGI- NEER. ENGINEER'S Consultant and anyone directly or indirectly employed by any of them from and against all claims. costs. losses and damages arising out of or resulting from any claim or action. legal or equitable. bmught by any such owner or occupant against OWNER. ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR s performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the pre- mises as well as all tools. appliances. construction equipment and machinery and surplus materials. CONTRACTORshalR l leave the site clean and ready for occupancy by R shallt Substantial Completion of the Work. CONTRACTOR restore to original condition all property not designated for alterauon by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure. nor shall COONTR.A.C"TOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Wntten Amendments. Change Orders, Work Change Direc- tives. Feld Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work. these record documents. Samples and Shop Draw- s will be delivered to ENGINEER for OWNER. Safety and Proterrioar 6.20. CONTRACTOR shall be responsible for initiaung. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take �u necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work: 6.20.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, i.._ding t Krebs lawns_ walks, pavements. roadways. ncluding 2��. �ese.av+e structures. utilities and Underground Facilities not desig- nated for removal. relocation or replacement in the course of construction. • CONTRACTOR shall comply with all applicable Laws and R lations of any public body having jurisdiction for safety of persons or property or to protect them from damage. injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection- CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the protection. removal, relocation and replacement of their property. All damage. injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused. directly or indirecdy, in whole or in part. by CONTRACTOR. any Subcontractor. Supplier or any other person or organization directly or indirectly employed by any of them to pesfarrt'i or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable. and not attributable, directly or indi- nxtly. in whole or in part. to the fault or negligence of CONTRACTOR or any Subcontractor. Supplier or other per- son or organization directly or indirectly employed by any of them). C® R's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). 26 Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- nenced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Ha -.and Commun%c ^^n programs: —6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or au- thorization from OWNER or ENGINEER. is obligated to act to prevent threatened damage. injury or Toss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER.determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency. a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties. dimensions. specified performance and design criteria. materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information .for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material. Supplier. pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Sabminal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and verified: 27 6.25.4.1. all field measurements. quanuues. dimen- sions. specified performance critena. installation require- ments. materials. catalog numbers and similar rnformauon with respect thereto. 6.25.1.2. all materials with respect to intended use. fabrication. shipping. handling. storage. assembly and installation pertaining to the performance of the Work. and 6.25.1.2. all information relative to CONTRACTOR'S sole responsibilities in respect of means. methods. tech- niques. sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACPOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such vari- ations. if any. that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents. such notice to be in a written communication separate from the submittal: and. in addition. shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER'S review and approval will be only to determine if the items covered by the submittals will. after installation or incorporation in the Work. conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER'S review and approval will not extend to means. methods. techniques. sequences or procedures of construction (except where a particular means. method. technique. se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called EN- GINEER'S attention w each such variation the time of ENGINEER submission as required by paragraph 6.25.3 has given written approval of each such variation by specific writer notation thereof incorporated in or accompanying the byval Shop Drawing or Sample approval. nor will any app ENGINEER relieve CONTRACTOR from responsibility for compiving with the requirements of paragraph 6.25.1. 6i28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9. any related Work performed prior to ENGI- NEER'S review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CON i rCAt.. d ds R shall cam.; on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRACTOR'S General Warranty end Gunter 6.30.1. CONTRACTOR warrants and guarantees to OWNER. ENGINEER and ENGINEER'S Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR'= warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse. modification or improper maintenance or operation by persons other than CONTRACTOR. Sub- contractors or Suppliers: or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR'S obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR'S obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER: 6.30.2.3. recommendation of any progress or final payment by ENGINEER: 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents: 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER: 6.30.2.5. any acceptance by OWNER or any failure to do so: 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept= ability by ENGINEER pursuant to paragraph 14.13. 6.30.2.7. any inspection. test or approval by others: or 6.30.2.8. any correction of detietive Work by OWNER. Indermtnfrca ion 6.31. To the fullest extent permitted by Laws and Regula- tions. CONTRAC1UK shah indemnify and hold harmless OWNER. ENGINEER. ENGINEER'S Consultants and the officers. directors. employees. agents and other consultants of each and any of them from and against all claims. costs. losses and damages (including but not limited to all fees and charges of engineers. architects. attorneys and other professionals and resolution caused all court or orb' or of the by. arising out of or resulting from the performance Work, provided that any such claim. cost. loss or damage: (i) is attributable to bodily injury, sickness. disease or death. or to injury to or destruction of tangible property (other than the Work itself). including the loss of use resulting therefrom. and (ii) is caused in whole or in part by any neeigeint act or omission of CONTRACTOR. any Subcontractor. any Supplier any person or orpnization directly or indirectly employed by any of them to perforin or furnish any of the Work or anyone for whose acts any of them may be liable. regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants. agents. officers. directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR. any Subcontractor. any Supplier. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work. or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor. Supplier or other person or organization under workers' compensation acts. disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER'S Consultants. officers. directors. employees or agents caused by the professional negligence. errors or omissions of any of them. 28 Survival of Obligations: 6.34. All representations. indemnifications. warranties and guarantees made in. required by or given in accordance with the Contract Documents. as well as all continuing obligations indicated in the Contract Documents. will survive final pay- ment. completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Sia: 7.1. OWNER may perform other work related to the Project at the site by OWNER'S own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these. or have ocher work performed by utility owners. if the fact that such other work is to be performed was not noted in the Contract Documents. then: 0) written notice thereof will be given to CONTRACTOR prior to starting any such other work. and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner land OWNER. if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting. excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. if the proper execution or results of any part of CONTRACTOR s Work depends upon work performed by others under this Article 7. CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays. defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR s Work. CONTRACTOR'S failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site. the following will be set forth in Supplementary Conditions: 7.4.1. the person. firm or corporation who will have authority and responsibility for coordination of the activitieb among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized: and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions. OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 29 8.1. Except as otherwise provided in these General Condi- tions. OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER'S duties in respect of providing lands 'and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER'S identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to -execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER'S responsibility in respect of certain inspec- tions. tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER'S right to stop Work or suspend Work. see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. 8.9. The OWNER shall not supervise. direct or have control or authority over. nor be responsible for CONTRAC- TOR's means. methods. techniques. sequences or proceddureS of construction or the safety precautions and programs ent thereto. or for any failure of CONTRAC3iDR to comply with Lawsand Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CO�t R's failure to perform or furnish the Work in ac__rd:nce with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER'S obligations under the Contract Documents. OWNER'S responsibility in respect .i_ Supplementary Conditions. thereof will be as set forth in ��� ���¢se•.e....•..�.d ��.___�_ ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER'S Rep►esetUadve:: 9.1. ENGINEER will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Sue: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress thathas made and the quality of the various aspects AC- TOR's executed Work. Based on infoition obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine. in general. if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive orcontinu- ous the on-site inspections to check the quality or quantity Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that.the completed Work will conform generally to the Contract Docuttten s. On the basis of such visits and on-site observations. ENGINEER will keep OWNER informed of the progress and Work. will endeavor to guard OWNER against defective E h- GINEER's visits and on-site observations are subject to al e limitations on ENGINEER'S authority and responsibility set forth in paragraph 9.13. and particularly. but without limitation, during or as a result of ENGINEER'S on-site visits or observations of CONTRAC OR's Work ENGINEER will not supervise. direct. control or have authority over or be respon- sible for CO "'TOOR's mens. methods. techniques. se- quences or procedures of construction. or the safety precau- tions and programs incident thereto. or for any failure of CONIRACMR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Pinied Reprise uatire 9.3. if OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The raponsibilities and authority and limitations thereon of any such Resident Project RepreSentaliVe and assistants will be as provided in paragraph 9.13 and in the Supplementay Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER'S Consultant. agent or employee. the responsibilities wed authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. medl 9.4. ENGINEER will issue with reasonable promptness such writteai claritcations or intermretations of the require- ments of the Contract Documents lin the form of Dr=awings or otherwise) ars ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract DOCUMeritS. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contest Price or the Contract Times and the parties are unable to agree to the amount or extent thereof. if any. OWNER or CONTRACTOR may make a written claim therefor as pr- ided in Article 11 or Article 12. 30 Authorized Vonations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contrast Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall periorm the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree -as to the amount or extent thereof. OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rem Defectis Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawing, Change Orders and Payments: 9.7. In connection with ENGINEER'S authority as to Shop Drawings and Samples. see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER'S authority as to Change Orders. see Articles 10. 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment. see Article 14. Deterrninaasons for Unit Prxa: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER'S preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision. either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER'S decision and: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A. "Dispute Resolution Agreement." entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER'S decision. unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputa: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim. dispute or other matter will be delivered by the claimant 31 to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim. dispute or other matter. The opposing party shall submit any response to ENGINEER and the claunant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal. if any, in accordance with this paragraph. ENGINEER'S written decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Amt,.. entered into between OWNER and CON- TRACTOR pursuant to Article 16. or (I) if no such Dispute Resolution Agreement has been entered into. a written notice of intention to appeal from ENGINEER'S written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim. dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision. unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with. respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter pursuant to Article 16. 9.13. linomoons on ENGINEER': Authority and Responsibilities.: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create. impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontractor. any Supplier. any other person or organization. or to any surety for or em- ployee or agent of any of them. 9.13.2. ENGINEER will not supervise. damcon- trol trol or have authority over or be responsible CONTRACTOR'S mt. methods, techniques. se- quences or procedures of construction. or the safety precautions and programs incident thereto. or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. ENGINEER will not be respon- sible for CONTRAC'TOR'S failure to perform or fur- nish the Work in accordance with the Contact Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Sub- contractor. any Supplier. or of any other person or organisation performing or furnishing any of the Work. 9.13.4. ENGINEER'S review of thefinal Applica- tion for Payment and accompanying documentation and all maintenance and operating instructions. sched- ules. guarantees. bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 only determine generally that their content complies with the requirements of. and in the case of certificates of inspectiofs. tests and approvals that the results certi- fied indicate compliance with. the Contract Docu- ments. 9.13.5. The limitations upon authority and respon- sibility set forth in this paragraph 9.13 shall also apply to ENGINEER'S Consultants. Resident Project Rep- resentative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to ume. order additions. deletions or revisions in the Work. Such additions. deletions or revisions will be authorized by a Written Amendment. a Change Order. or a Work Change Directive. Upon receipt of any such document. CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent. if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive. a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tunes with respect to any Work performed that is not required by the Contract Documents as amended. modified and supplemented as provided in paragraphs 3.5 and 3.6 except in inthe the case cofse an emergency as provided in paragraph o f uncovering Work as provided in paragraph 13.9. 10.4. OW IN Zit lr►u Lvid S rare-CX"r"te "PR:1,- Fri= Change Orders recommended by ENGINEER for Writ- ten Alpe) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1. (ii) required because of acceptance of defective Work under paragraph 13.I3 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the pasties: tfk A ..1.ar.vee in the Contract Price or Contract Times which are agreed to by the parties: and 10.4.3. changes in the Contract Price or Contract Tunes which embody the substance of any written decision ren - demi by ENGINEER pttn ut to paragraph 9.11: provided that. in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such apcal. CON - h_ and adhere to the progress T1�fC shell carry � u� Work - schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to. Contract Price or Contract Trmes7 is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CON RACI OR's respon- sibility. and the amount of arch applicable Bond will be adjusted accordingly. 32 ARTICLE 11 --CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for perfortaning the Work. All duties. responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR'S expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional_ time for claimant to submit additional or mime accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents. by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3. inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents. by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2. on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR'S fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of the Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the perfornance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents. foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes. work- ers' compensation. health and retirement benefits. bonuses. sick leave. vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours. on Saturday. Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER.. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of transportation and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments. in which case the 33 cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and returns from sale of surpius rnaten- ais and equipment shall accrue to OWNER. and CON- TRACTOR snail make provisions so that they may be obtained. 11.4.3. Payments mad' by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER. which bids. if any. will be accepted. If any subconuact provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee. the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR'S Cost of the Work and fee as provided in paragraphs 11.4. 11.5. 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers. architects. testing laboratories. survey- ors. attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation. travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of dudes connected with the Work. 11.4.5.2. Cost. including transportation and mainte- nance. of all materials. supplies. equipment. machinery, appliances. office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER. and the costs of transportation. loading, unload- ing. installation. dismantling and removal thereof—all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales. consumer, use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) mar by damage to the Work not compensated by insurance or otherwise. sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). provided they have re- suk►ed from causes other than the negligence of CON- TRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for wnvse acts any of them may be liable. Such losses shall includroof settle- ments made with the written consent OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CO R's fee. If. however. any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in prragraph 11.6.2. 11.4.5.7. The cost of utilities. fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams. long dis- tance telephone calls. telephone service at the site. ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional. Word and insurance required because of changes the 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR'S officers. executives. principals (of partnership and sole proprietorships). general managers. engineers. ar- chitects. esti.:.ators. attorneys, auditors. accountants. pur- chasing urchasing and contracting agents. expediters. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR'S principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be consid- ered administrative costs covered by the CONTRACTOR'S fee. 11.5? Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the site. 11.5.3. Any part of CONTRACTOR'S capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly em- ployed by any or them or for esti= acts any of them may be liable. including but not limited to. the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included 11.6. The CONTRACTOR'S fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee: or 11.6.2. if a fixed fee is not agreed upon. then a fee based on the following percentages of the various portions of Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRAC OR's fee shall be fifteen perzente 11.6.2.2. for cost incurred under paragraph 11.4.3. the CONT'RACTOR'S fee shall be five percent: 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no axed fee is agreed upon, the intent of paragraphs 11.4.1. 11.4.2. 11:43 and 11.6.2 is that the Subcontractor who actually performs or f the Work, at whatever tier. will be paid a fee of fifteen percent of the costs incurred by such Srunder paragraphs 11.4.1 and 11.4.2 and that any „inter tier S°:n0astor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor, 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragrephs 11.4.4. 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR'S fee by an amount equal t0 five percent of such net de: and 34 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CO R'S fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6 2.5. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdo"m to- gether with supporting data. Carle Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished r- nished and performed for such sums s may be acceptable o OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes: and 11.8.2. CONTRACTOR'S costs for unloading and han- dling on the site. labor. installation costs. overhead. profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances. and the Contract Price shalt be correspondingly adjusted. 11.9. Unit Pries Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR'S overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I 1 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work: and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT TIMES 35 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly.(but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe k is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR. the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include. but not be limited to. acts or neglect by OWNER. acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7. fires. floods. epidemics. abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR. an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR s sok and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR. any Subcontractor. any Supplier. any other person or organization. or to any surety for or employee or agent of any of them. for damages arising out of or resulting from 6) decays caused by or within the control of CONTRACTOR. or (ii) delays beyond the control of both parties including but not 111114E4 to fires. floods, epidemics. abnormal weather condi- tions. acts of God or acts or neglect by utility 'owners or other contractors performing other work as contemplated by Article 7. ARTICLE i3—+S, xc•rc AND tNSPt3CTlONS: »N - -- CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER. ENGINEER. ENGINEER'S Consultants. other represemuives and personnel of OWNER. independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at re sortable tittles for their observation. inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR'S site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for ail required inspections. tests or approvals. and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections. tests. or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.3 below: 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9: and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body hang Jurisdiction require any Work (or part thereof) specifically be inspected. tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections. tests or approvals. pay all costs in connection therewith. and furnish ENGINEER the required certificates of inspection. or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections. tests or Bp -prowls requited for OWNER's and ENGINEER'S acceptance of materials or equipment to be incorporated in the Work. or of materials. mix designs. or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be ._..d o, s.,pr,nved is covered by CONTRACTOR without written concurrence of ENGINEER. it must. if re- quested by ENGINEER. be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR% cam= unies CONTRACTOR has given ENGINEER timely notice of CONTRACTOR'S inten- tion to cover the same and ENGINEER has not acted with reasonable promptness m response to such notice. Unto Wen*: 13.8. !fluty Work is covered contrary to the written request of ENGINEER. it must. if requested by ENGINEER. be uncovered for ENGINEER'S observation and replaced at CONTRACIOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER'S re- quest. shall uncover. expose or otherwise make available for observation. inspection or testing as ENGINEER may require. that portion of the Work in question. furnishing all necessary labor. material and equipment. If k is found that such Work is defective. CONTRACTOR shall pay all claims. costs. losses and damages caused by, arising out of or resulting from such uncovc-ting, exposure. obs..-rvation. inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or repiacement of work of others): and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article 11. 1f. however. such Work is not found to be defective. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones). or both. directly attributable to such uncovering. exposure. ob- servation. inspection. testing. replacement and reconstruction: and -if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. 36 OWNER May Stop the Work 13.10. If the Work is defective. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment. or fails to furnish or perforin the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work. or any portion thereof. until the cause for such order has been eliminated: however. this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER w exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: t3.11. If required by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defective Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the sie and replace it with Work that is not defective. CONTRACTORresulting all pay all claims. costs. losses and damages caused by or from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Camecnon Period: 13.12.1. if within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments. any Work is found to be defective. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER'S written instructions: (i) correct such defec- tive efecttive Work. or. if it has been rejected by OWNER. remove it from the site and replace it with Work that is not defective. and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defective Work corrected or the rejected Work removed and replaced. and all claims. costs. losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Compleuon of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected. removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Aeeepwnce of Defective Work: 13.13. If. instead of requiring correction or removal and replacement of defective Work. OWNER (and. prior to ENGI- NEER's recommendation of final payment. also ENGINEER) prefers to accept it. OWNER may do so. CONTRACTOR shall pay all claims. costs. losses and damages aunbutabie to OWNER's evaluation of and determinauon to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs pnor to ENGINEER'S recommendation of final payment. a Change Order will be issued incorporating the necessary revisions rn the Contract Documents with respect to the Work: and OWNER shall is entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommenda- tion. an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Carvers Defective Work 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11. or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents. or if CONTRACTOR fails to comply with any other provision of the Contract Documents. OWNER may. after seven days' written notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or pati of the site. take possession of all or pact of the Worst. and suspend CONTRACTOR's services related thereto. take possession of CONTRACTOR'S tools. appliances. construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives. agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER'S Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims. costs. losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims. costs. losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction. removal or replacement of CON'TRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. 37 ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of VaIres: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Pnce Work will be based on the number of units com- pleted. Application for Progress Payment: re the -.- ...61:e6wf� ffor14.2. At least twenty ens (but not amore often than once a each progress pay month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably writing. stored at the site or at another location agreed to in by the Application for Payment shall also be accompanieda that bill of sale. invoice or other documentation warranting OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER'S interest therein. all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CTO R's Warraray ends: 14.3. CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by any Application for Payment. whether incorporated in the Projector fot. will free and pass to OWNER no later than the time of payment clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER'= rmsons for refusing in recom- mend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER'S recommendation. the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENG1NEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER. based on ENGINEER'S on-site observations of the executed Work as an experienced and qualified design professional and on ENG1NEER's and oew of the Application for Payment and the accompanying schedules. that to the best of ENGINEER'S knowledge. infor- mation and belief: 14.5.1. the Work has primed to the point indicated. 14.5.2. the *stir/ of the Work is gently to accor- dance with the Contract Documents (subject to an evaiu- atiorr of the Work as a functioning whole prior w or upon Substantial Completion. to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Prix Work under paragmeth 9.10. and to any other quali- aaa:a sated in the recommendation). and 14.5.3. the conditions precedent to CONTRACIOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER'S responsibility to observe the Work. However. by recommending any such payment ENGINEER will not thereby be deemed w have represented that: (i) exhaustive or continuous ort -site inspections have been made to check the quality or the quantity of the Work beyond the specificallyreeoponsibilities assigned to ENGINEER in the Contract Documents or (*1) that there may not be other matters or issues between the partes that might entitle CO TOR to be paid y by OWNER or mark OWNER to withhold payment to CONTRACTOR. 14.6. ONTRAC OR - 14.6. ENGINEER'S recommendation of any payment. in- cluding final n- ciudingiinal yrtterst. stnall not mean that ENGINEER is responsible forCO TOR's means. methods. techniques. sequencea or proceduresof consnuction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work. or for any failure of CONTRACTait w perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER rimy rare to recommend the whole or any part of any payment if: in ENGINEER'S opinion. it would be incorrect to make the representations to OWNER referred m^l=. t4.5. ENGINEER may also refuse to recom- mend any such payment. or. because of subsequendY discov- ered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended, to such extent u may be necessary in ENG1NEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work. 38 14.7.6. Liens have been filed in connection with the Work. except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens. 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended. or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive: but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and prompdy pay CONTRACTOR the amount so withheld. or any adjustment thereto agreed to by OWNER and CONTRACTOR. when CONTRACTOR corrects cts to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for itsintended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Cotrpletion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine tie status of completion. If ENGINEER does not consider the Work sub- stanually complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections. EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation. safety, maintenance. heat. utili- ties. insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform 39 ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion. ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRAC"IOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Compieuon. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. p�rmsl Ution: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents. or CID OWNER. ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be.used by OWNER for its intended purpose without siert inter- ference with CONTRAC'IOR's performance of the remainder of the Work. may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially compiete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all paw, titulars in which this inspection reveals that the Wdrk is incomplete or defective. CONTP.ACIOR shall h lsimmediately take such measures as are necessary to complete rk or remedy such Ocl,,.ac..b.s .• Final Aplicarion far Payment ...1O Las emnpieued all such 14.1Z After CONTRA.' ,••, .......f..____ _ _ cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contact Documents all maintenance and operating instructions. schedules. guarantees. Bonds, certifi- cates or by paragraph 5.4. caother evidence of insurance r=rd d� (as �� of inspection. provided in paragraph 6.19) and other documents. CONTRAC- TOR may make application for final payment following the procedure for progress payment. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents. including but not Dimitcd to the evidence of inatraeze •-�- --- by subparagraph 5.4.13. (11) consent of the surety. if any. ratleases al peffective ayment. and (id) complete and legally waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC- TOR may furnish rcoeiPts or releases in full and an affidavit of CONTRACIDR that (i) the releases and receipts include all labor. services. material and equipment for which a Licould be filed. and (ii) all payrolls. material and equipment and other indebtedness connected with the Work for which OWNER or OWNER'S property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien- Final ien Final Payment and Acceptance: 14.13. If. on the basis of ENGINEER'S observation of the Work during construction and final inspection. and ENGI- NEER'S review of the final Application for Payment and accompanying docurnentation as. required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONT'RAC.'IOR% other obligations under the Contract Documents have been fulfilled. ENGINEER will. within ten days after receipt of the final Application for Payment. indicate in writing ENGINEER'S recommendation of payment and present the ApplicaaiOn to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise. ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's�� byan notice of acceptability. the amount OWNER ENGI- NEER will become due and will be paid by CONTRACTOR 14.14. If. so Malt of CONTRACTOR, final case - pleat= of the Wait is significantly delayed and if ENGINEER so comic„... OWNER seats_ upon receipt of CONTRACTOR'S final App,icuwu for Payment and recommendation of ENGI- NEER. and without ternsinadng the Agreement. make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by ovaaarrae ear • • eras fear eo _ esed or corrected is less than the retainage stipulated in the Agnes, and if Bonds have been furnished as required in paragraph 5.1. the written con- satt of the surety to the payment of the balance due for that portion of the Work fufiy completed and accepted shall be submitted bycoNTRAcmg to ENGINEER with the Appli- cation for such payment. Such payment the terms and conditions governingfinal payment. except that it shall MX constitute a waiver of claims. Warw. of Citz- 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRA R. except claims arising from unsettled Liens. from defectiveafter final inspection In ursu- ant to panseeneh 14.11. from failure to comply with the Costume Domtments or the terms of any special guarantees specified therein. or from CONTRACTOR'S continuing ob- ligations under the COM= Documents. and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and sail) unsetticdd. 40 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work 15.1. At any time as:. witievet cause. OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Worst will be resumed. CONTRACTOR shall rename the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Connect Times, or both. directly attributable to any such suspension if CONTRACTOR makes an approved claian therefor as provided in Articles 11 and 12. owNER May T 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in ats:ordance with the Contract Documents (in- cluding. but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 1522. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disreprds the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may. after giving CONTRACTOR (and the surety. if any.) seven days' written notice and to the extent permit- ted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and -of all CONTRACTOR's tools. appliances. construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without Iiabiiity to CONTRACTOR for , trespass or conversion). incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment undl the Work is finished. if the unpaid balance of the Contract Price exceeds all claims. costs. losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims. costs, losses and dam- ages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims. costs. losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order. provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACIOR's services have been so ter- minated by OWNER the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER. OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Docurnent%prior to the effec- tive date of termination. including fair and reasonable sums for overhead and profit on such Work; 41 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work. plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims. costs. losses and damages incum.d in Ott of terminated contracts with Subcontractors. Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profess or revenue or other economic loss arising out of or resulting from such termination. CONFRAL7GR May Stop Work or Terasiaerr 15.5. If. through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and.recoverfrom OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy. if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted. or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR. including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement. such dispute resolution method and procedure. if any. shall be as set forth in Exhibit GC -A. "Dispute Resolution Agreement." to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached. and subject to the provisions of paragraphs 9.10. 9.11. and 9.12. OWNER and CONTRACTOR may exercise ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Times: 19 7 1 When riod of umx. is referred to in the, e •.s.. e. When any p^... ..... ... Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legall: liable. claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions e' any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation. the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30. 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or by Regulations, by special warranty or guarantee or otherthda®er provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. (The remainder of this page was left blank intentionally.] 42 00805 - 1 SECTION 00805 SUPPLEMENTARY CONDITIONS Supplementary Conditions These Supplementary Conditions amend and supplement Section 00700 - General Conditions and other provisions of the Contract Documents as indicated below. All provisions of Section 00700 - General Conditions that are amended or supplemented remain in full force and effect as so amended or supplemented. All provisions of Section 00700 - General Conditions which are not so amended or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in Section 00700 - General Conditions have the meaning assigned to them in Section 00700 - General Conditions. Amendments and Supplements The following are instructions that amend or supplement specific paragraphs in Section 00700 - General Conditions and other Contract Documents. ARTICLE 1 - DEFINITIONS Delete the first paragraph of Article 1 "Whenever used in these....and plural thereof:" in its entirety and insert the following in its place: "Whenever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise." SC -1.9. At the end of Paragraph GC -1.9., add the following sentence: A sample Change Order form is attached. SC -1.19. At the end of Paragraph GC -1.19., add the following sentence: A sample Field Order form is attached. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00805 - 2 SC -1.44. At the end of Paragraph GC -1.44., add the following sentence: A sample Work Change Directive form is attached. SC -1.46. Add a new paragraph immediately after Paragraph GC -1.45. which is to read as follows: 1.46. Request for Information - A written request for information, requiring a written response, to OWNER, ENGINEER, or CONTRACTOR initiated by OWNER, ENGINEER, or CONTRACTOR. A sample Request for Information form is attached. SC -1.47. Add a new paragraph immediately after paragraph GC -1.46. which is to read as follows: 1.47. Day - A "calendar day" unless otherwise defined within these Contract Do. �„ ents . SC -1.48. Add a new paragraph immediately after paragraph GC -1.47. which is to read as follows: 1.48. Furnish or Install or Provide or Supply - The word "Furnish" or the word "Install" or the word "Provide" or the word "Supply" or any combination or similar directive or usage thereof, shall mean FURNISHING AND INCORPORATING IN THE WORK including all necessary labor, materials, equipment, and everything necessary to perform the work indicated, unless specifically limited in the context. ARTICLE 2 - PRELIMINARY MATTERS SC -2.2. Amend the first sentence of Paragraph GC -2.2. by striking out "ten copies" and substituting "four copies". SC -2.4. Amend Paragraph GC -2.4. by striking out the second word of the sentence "shall" and substituting "may". YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00805 - 3 SC -2.5. Amend the first sentence of Paragraph GC -2.5. by striking out the words "and all applicable field measurements." and substituting "against all applicable field measurements and conditions." SC -2.8. Amend Paragraph GC -2.8. by striking out the words "Within twenty days..., a conference", and substituting "After Notice of Award, but before any Work at the site is started (except with written approval of OWNER), a conference". SC -2.9. Add a new paragraph immediately after Paragraph GC -2.9. which is to read as follows: 2.9.1. For Progress Schedule, see Section 01060. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC -3.2. Add two new paragraphs immediately after Paragraph GC -3.2. which are to read as follows: 3.2.1. The Specifications may vary in form, format and style. Some specification sections are written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omissions of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format, or style in making claims for extra Work. 3.2.2. The cross-referencing of specification sections under the subparagraph heading "Related sections include but are not necessarily limited to:" and elsewhere within each specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross-referencing provided and shall be responsible to coordinate the entire work under the Contract Documents and provide a complete Project whether or not the cross-referencing is provided in each section or whether or not the cross-referencing is complete. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00805 - 4 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC -4.5.4. Delete paragraph GC -4.5.4. in its entirety. ARTICLE 5 - BONDS AND INSURANCE SC -5.3. Add a new paragraph immediately after paragraph GC -5.3.2. which is to read as follows: The insurance coverages as outlined in all sections must be written with insurance companies with a Resta Ration of A -VII or better. A certificate along with an Additional Insured Endorsement shall be furnished as evidence of coverage. Under the cancellation section of the certificate, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" will be crossed out and initialed by the agent. SC -5.4. Amend paragraph GC -5.4. to include the following limits: The limits of liability for the insurance required by Paragraph GC -5.4. shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations: 5.4.1. and 5.4.2. Workers' Compensation, etc., under Paragraph GC -5.4.1. and GC -5.4.2.: (1) State: Statutory. (2) Employer's Liability (Stop Gap). $1,000,000 (for Washington Employees. Provided under CONTRACTOR's commercial liability policy) . 5.4.3., 5.4.4., and 5.4.5. CONTRACTOR's Liability Insurance under Paragraph GC -5.4.3. through GC -5.4.5. shall also include completed operations and product liability coverages. (1) General Aggregate Completed Operations (Except Products): $2,000,000 (2) Products Completed Operations: $1,000,000 (3) Personal and Advertising Injury (Per Person/Organization): $1,000,000 (4) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 (5) The commercial liability will be written on ISO Form CG0001 or equivalent. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages. (6) The commercial liability policy will include a "Per Job Aggregate" Endorsement. (7) Automobile Liability: $1,000,000 Combined Single Limit. (8) Umbrella Liability at $2,000,000 Limit. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00805 - 5 (9) Providing coverage at the stated amounts shall not be construed to relieve contractor from liability in excess of such limits. SC -5.4.7. Amend paragraph GC -5.4.7. and insert the following sentence prior to the word OWNER: The entities listed below are "additional insureds" as their interest may appear including their respective offices, directors, agents, and employees. SC -5.4.10. Delete Paragraph GC -5.4.10. in its entirety. SC -5.4.11. Amend Paragraph GC -5.4.11. by striking out the words: "to whom a certificate of insurance has been issued". SC -5.4.13. Amend Paragraph GC -5.4.13. by striking out the words: "to whom a certificate of insurance has been issued". SC -5.4.14. Add a new paragraph immediately after Paragraph GC -5.4.13. which is to read as follows: 5.4.14. With respect to all insurance required by this Paragraph 5.4., CONTRACTOR agrees to waive all rights of subrogation against OWNER, ENGINEER, and each additional insured identified in the Supplemental Conditions. SC -5.6. Delete Paragraphs GC -5.6., 5.6.1., 5.6.2., 5.6.3., 5.6.4., and 5.6.5. in their entirety. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00805 - 6 SC -5.7. Delete Paragraphs GC -5.7. in its entirety. SC -5.8. Amend Paragraph GC -5.8. by striking out the words: "to whom a certificate of insurance has been issued". SC -5.11.2.1. Delete Paragraph GC -5.11.2.1. in its entirety. SC -5.15. AAA two new ria ragraphs immediately after Paragraph GC -5.15. which are to read as follows: 5.15.1. All insurance required by the Contract Documents, or by Laws or Regulations, shall remain in full force and effect on all phases of the Work, whether or not the Work is occupied or utilized by OWNER, until all Work included in the agreement has been completed and final payment has been made. 5.15.2. Nothing contained in the insurance requirements shall be construed as limited the extent of CONTRACTOR's responsibility for payment of damages resulting from his operations under the Contract. CONTRACTOR agrees that he alone shall be completely responsible for procuring and maintaining full insurance coverage as provided herein or as may be otherwise required by the Contract Documents. Any approval by OWNER or ENGINEER shall not operate to the contrary. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.3. Amend paragraph GC -6.3. by deleting the third sentence in its entirety and by substituting the following: In the absence of any Federal, state or local laws, regulations or covenants, the CONTRACTOR may conduct its performance of the Work at the CONTRACTOR's sole discretion, except that the cost of any overtime pay or other expense incurred by the OWNER for Resident Project Representative and construction observation services, occasioned by the conduct of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day, shall be reimbursed to the OWNER by the CONTRACTOR. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00805 - 7 SC -6.13. Amend paragraph GC -6.13. by adding the following to the end of paragraph GC -6.13.: Owner shall pay for any required City Building Permit. All other permits and requirements of Paragraph GC -6.13. shall remain the responsibility of the Contractor. SC -6.19. Add the following language at the end of the first sentence of Paragraph GC -6.19.: CONTRACTOR shall include accurate locations for buried and imbedded items. At the end of Paragraph GC -6.19., add the following sentence: CONTRACTOR to deliver said record drawings to ENGINEER and OWNER. SC -6.31. Delete the word "negligent" from Paragraph GC -6.31., immediately after the words "(ii) is caused in whole or in part by any". SC -6.33. Add the word "solely" in the first sentence of Paragraph GC -6.33., immediately after the word "caused". ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.3. Add a new paragraph immediately after Paragraph GC -9.3. which is to read as follows: 9.3.1. ENGINEER's Resident Project Representative shall not authorize any deviation from the Contract Documents or substitutions of materials or equipment, unless authorized by ENGINEER. ARTICLE 10 - CHANGES IN WORK SC -10.6. Add a new paragraph immediately after Paragraph GC -10.5. which is to read as follows: 10.6. Change Proposal Request 10.6.1. When OWNER requests CONTRACTOR to present a proposal to accomplish a change in the Work, the request will be made in the form of a Change Proposal Request (CPR) prepared by ENGINEER. The CPR will describe the change and request CONTRACTOR to propose a Contract Cost and Time change. CONTRACTOR will propose cost and time changes, provide a breakdown for the costs, sign the CPR, and return it to ENGINEER. ENGINEER will make recommendations to OWNER concerning acceptance. If the CPR is approved by OWNER, the CPR will be included in a Change Order. CONTRACTOR is not authorized to proceed with a change contained in a CPR until the Change Order is properly signed and issued. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00805 - 8 10.6.2. When the CONTRACTOR desires to propose changes to the Work, it may initiate a CPR in the same form as provided in Paragraph 10.6.1. above and submit the r_P_ _R_ to the ENGINEER for the ENGINEER's review and recommendation. 10.6.3. A sample Change Proposal Request form is attached. ARTICLE 11 - CHANGE OF CONTRACT PRICE SC -11.6. Add a new paragraph immediately after Paragraph GC -11.6.2.5. which is to read as follows: 11.6.3. An example of how the fee is determined is as follows: Cost of Work Performed Contractor (or Subcontractor or Sub -Subcontractor) Fee at 15% Total Paid to Contractor (or Subcontractor or Sub -Subcontractor) Contractor (or Subcontractor) Fee at 5% (if applicable) Total Paid to Contractor (or Subcontractor) $10,000.00 $1,500.00 $11,500.00 $575.00 $12,075.00 Contractor Fee at 5% (if applicable) $604.00 Total Paid to Contractor $12,679.00 ARTICLE 12 - CHANGE OF CONTRACT TIMES SC -12.1. Add a new paragraph after paragraph GC -12.1. which is to read as follows: 12.1.1. No extension of Contract Time will be allowed for additional Work or for claimed delay unless the additional Work contemplated or claimed delay is shown to be on the critical path of the Project's schedule of construction or CONTRACTOR can show by Critical Path Method analysis how the additional Work or claimed delay adversely affects the critical path. SC -12.3. Add two new paragraphs immediately after Paragraph GC -12.3. which are to read as follows: 12.3.1. OWNER, at OWNER's sole discretion, may waive the requirements of paragraph GC -12.3. and grant extensions to the Contract Time for any reason OWNER deems valid. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00805 - 9 12.3.2. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for at least any continuous one-fourth of Contract Time involved with the average of the preceding 5 -year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.8. At the end of Paragraph GC -14.8., add the following sentence: A sample Certificate of Substantial Completion is attached. SC -14.12.1. Add a new paragraph immediately after Paragraph GC -14.12. which is to read as follows: 14.12.1. Upon completion of the work and prior to final payment CONTRACTOR shall furnish a statement certified by the CONTRACTOR setting forth the nature and source of offshore items in excess of two thousand five hundred dollars which have been utilized in the performance of the contract. As required by RCW 39.25. SC -14.15. Add the words "and/or ENGINEER" to Paragraph GC -14.15.2. after the words "against OWNER". ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION SC -15.2. Delete paragraph after Paragraph GC -15.2.4., which paragraph starts with the words "OWNER may, after giving CONTRACTOR (and the Surety, if any) seven days... and ending with the words "...lowest price for the Work performed."; and substitute the following text: OWNER may, after giving CONTRACTOR (and the surety, if any,) seven (7) consecutive calendar days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR. If CONTRACTOR's services are terminated, Surety shall have the right to take over and perform the Work; provided, however, if Surety does not commence performance thereof within ten (10) consecutive calendar days after date of notice to CONTRACTOR that the services of CONTRACTOR have been terminated, or if Surety has taken over for CONTRACTOR and while prosecuting the Work in lieu of CONTRACTOR, any one or more of the events cited in 15.2.1. through 15.2.4. occur, then OWNER, without process or action at law, may take over any portion of the Work and complete it as described below. If OWNER completes the Work, OWNER may exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 00805 - 10 CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. Whether OWNER or Surety completes the Work, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. Neither nwNER, ENGINEER, nor any of their respective consultants, agents, officers, directors, or employees shall be in any way liable or accountable to CONTRACTOR or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefore. OWNER, notwithstanding the method used in completing the Contract, shall not fnrfait the right to recover damages from CONTRACTOR or Surety for CONTRACTOR's failure to timely complete the entire Contract. CONTRACTOR shall not be entitled to any claim for damages on account of the method used by OWNER in completing the Contract. Maintenance of the Work shall continue to be CONTRACTOR's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. ARTICLE 16 - DISPUTE RESOLUTION SC -16. Delete the entire text of Article 16, which appears after the article number and the caption and substitute the following: OWNER and CONTRACTOR may exercise such rights or remedies as either may have under the Contract Documents or by Laws or Regulations in respect to resolution of any dispute. END OF SECTION YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS ACORQ. CERTIFICATE OF LIABILITY INSURANC,R CG ESCO-1 PRODUCER Noack and Dean Division of InterWest Ins Sery P.O. Box 255188 Sacramento CA 95865-5188 Tone:916-488-3100 Fax:916-488-7143 URED DATE (MM/DD/YY) 04/29/99 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE Tesco Controls Inc. P.O. Box 239012 Sacramento CA 95823 INSURER A. Reliance Insurance Company INSURER 8: Combined Benefit Life Ins Co INSURER C: INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 1$1,000,000 A X COMMERCIAL GENERAL LIABILITY PX1676143 09/13/98 09/13/99 FIRE DAMAGE (Any one fire) $50,000 CLAIMS MADE f X OCCUR MED EXP (Any one person) i$5,000 PERSONAL & ADV INJURY 1$ 1,000,000 GENERAL AGGREGATE ;$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO- PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY JECT LOC A AUTOMOBILE X LIABILITY ANY AUTO PX1676143A 09/13/98 09/13/99 COMBINED SINGLE LIMIT 1$1000000 (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1$ ANY AUTO OTHER THAN EA ACC 1$ AUTO ONLY AGG 1$ EXCESS LIABILITY EACH OCCURRENCE $ 4000000 A _ OCCUR I 1 CLAIMS MADE QU1676143-1 09/13/98 09/13/99 AGGREGATE 1$4000000 i$ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STAT U- TORY LIMITS OTH-, ER B W987141738 07/01/98 07/01/99 E.L. EACH ACCIDENT $ 2,000, 000 E.L. DISEASE -EAEMPLOYEE1 $ 2,000,000 E.L. DISEASE - POLICY LIMIT 1$ 2,000,000 DFSCRIPTInN OTHER nF nPFPeTInNen nrnnnnien/cuin, eeicv.., I ,..,,.. Ir. .,..,. -___._ . __ _.__.___. RE: Yakima Regional WWTF SCADA Stistem Y2K Improvements - Certificate Holder is included as additional insured as respects their interest may appear CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION YAKI222 City Of Yakima Wastewater Division 129 N. 2nd Street Yakima WA 98901 Ar -nor -,',n e (7107\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOP DATE THEREOF, THE ISSUING INSURER WILL€H1GAMAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE Bill O'Keefe, CPC 30 DAYS WRITTEN LL nrnon rnoononTlnni 1001 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ArnDn'Jq Q /7/07\ COMMERCIAL LIABILITY CGL - ENDORSEMENTS INSURED: Tesco Controls, Inc. Reliance Insurance Company POLICY NUMBER: PX1676143: COMMERCIAL GENERAL LIABILITY This Endorsement changes the policy. Please read it carefully. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Yakima Regional WWTF Scada System Y2K Improvements City of Yakima (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT ) WHO IS AN INSURED (Section II) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF "YOUR WORK" FOR THAT INSURED BY OR FOR YOU. CG 20 10 11 85 SUPPLEMENTAL ATTACHMENT FOR ACORD CERTIFICATE OF INSURANCE The following will be completed and signed by an authorized agent of the insurance company and included with the certificate of insurance. Tesco Controls, Inc. Contractor: Job Description: Yakima Regional WWTF SCADA System Y2K Improvements 1. Carriers admitted in the State of Washington an A -VII or better in Best's Guide. 2. Commercial General Liability on occurrence basis subject to a $1,000,000 limit per occurrence. Policy includes: A. Premises & Operations YES XX XX XX B. Explosion, Collapse, & Underground Hazards XX C. Personal Injury Coverage D. Products & Completed Operations XX E. Contractual Liability F. Employers Liability (Washington Stop Gap) 3. Per Job Aggregate endorsement included under the general liability. XX XX XX xx 4. Automobile includes "Any Auto" and is subject to a $1,000,000 occurrence limit. XX 5. City of Yakima, its agents, employees, and elected and appointed officials are listed as an additional XX insured. 6. Under cancellation section is "Endeavor to" and "But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" crossed - out. Is 20 days or more notice of cancellation shown? 7. Umbrella Liability at a $2,000,000 Limit. A no response XX XX NO ove items may render the bid non-responsive. 9_ 5)9 Authorized Agent Date of Company YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS FIELD ORDER FORM PROJECT: City of Yakima Washington FIELD ORDER NO.: SCADA System Y2K Improvements DATE: CONTRACTOR: HDR PROJECT NO.: 06539-035-002-03 You are hereby directed to execute promptly this Field Order which orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, please submit your itemized proposal immediately and before proceeding with this Work. If your proposal is found to be satisfactory and in proper order, this Field Order will in that event be superseded by a Change Order. Description: cc: Doug Mayo, City of Yakima HDR Engineering, Inc. 1-D3 Work Change Directive No. Project Name: Yakima Reginal WWTF SCADA System Y2K Improvements HDR Project No. • Project Owner City of Yakima 2220 East Viola Yakima, Washington 98901 Owner's Project No.• Date of Issuance: Project Contractor (Name, Address) You are directed to proceed with the following change(s): Date of Contract: Item No Description Attachments: (list documents supporting change) Purpose for Work Change Directive: Authorization for Work described herein to proceed on Time and Material basis or other mutually acceptable negotiated basis due to: LINonagreement on pricing of Change Proposal Request No LiNecessity to expedite Work described herein prior to agreeing on price and time changes Authorization for Work described herein to proceed and be charged against Miscellaneous Work Allowance. Estimated increase or decrease in Contract Price and Contract Time Contract Price $ (increase/decrease) Contract Time (increase/decrease) Days If the change involves an increase, the estimated amounts are not to be exceeded without further authorization. Accepted for Contractor by: Date Recommended for Approval By (HDR Engineering, Inc.) Date Approved for Owner by Date Approved: (Other - when required) Date Distribution: FORM iii -5015-1 (Sept 93) Copyright 1993 HDR Engineering, Inc. 'Owner ' 'Contractor !Office 'Field ( 'Other CHANGE PROPOSAL REQUEST HDR ENGINEERING, INC. Project: (Not A Change Order) City of Yakima, Washington CPR No.: Wastewater Treatment Plant SCADA System Y2K Improvements CPR Date: Date Sent to Contractor: Date Rec'd from Contractor: TO: (Contractor) Please furnish your proposal for executing the following changes(s): HDR Date: TO: HDR Engineering,Inc. Proposal: Cost Credit (A time extension is not required for this modification unless otherwise detailed and justified:) (Contractor) Date TO: (Contractor) Accepted/Not Accepted HDR: Date Accepted/Not Accepted City: Date Change Order Format Change Order No. PROJECT TITLE: City of Yakima, Washington SCADA System Y2K Improvements DATE: CONTRACT DATE: CONTRACTOR: (Reason for Change) 1.02 A. B. C. (Changes made to the Contract Documents) PART 2 DESCRIPTION OF CHANGES CHANGE TO CONTRACT PRICE Original Contract Price: $ Current contract price, as adjusted by previous change orders: $ The Contract Price due to this Change Order will be (increased)(decreased)by $ The new Contract Price due to this Change Order will be: $ CHANGE TO CONTRACT TIME The Contract Time will be (increased)decreased) by calendar days. The date for completion of all work under the Contract will be Recommended by Date HDR Engineering, Inc. Authorized by Date City of Yakima Accepted by Date (Contractor) 1 -Da Engineer's Certificate of Substantial Completion Project Name: SCADA System Y2K Improvements HDR Project No.. 06539-035-002-03 Project Owner City of Yakima 2220 East Viola Yakima, WA 98901 Owner's Project No.: Project Contractor This Certificate of Substantial Completion Applies to: All work under the Contract Documents: Date of Contract: The following specific portions: Date of Substantial Completion The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A list of items to be completed or corrected, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed to in writing. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be provided in the Contract Documents except as amended as follows: IAmended Responsibilities Owner's Responsibilities: Not Amended Contractor's Responsibilities: The following documents are attached to and made part of this certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. FORM 111-8015-2 (Oct 90) Copyright 1991 HDR Engineering, Inc. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date DEACTIVATION REQUEST TO: CITY OF YAKIMA Request that we have permission to remove the following described equipment/ pipe from service: Equipment/pipe name: Shown on Sheet Date requested for deactivation Length of out of service time . Phase Provide xerox copy of Plan Sheet effected equipment 1 Contractor Date TO: Temporary piping does not need to be installed to maintain process flow. Scheduled down time will not affect treatment and this equipment/pipelineis not critical to treatment process. Request approved/denied Yakima Date I HDR Date 00822 -1 SECTION 00822 State of Washington Department of Labor PREVAILING WAGE RATE DETERMINATION YAKIMA REGIONAL WWTF SCADA Y2K SYSTEM IMPROVEMENTS ( ( PREVAILING WAGE RATES The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the performance of any part of this contract shall be in accordance with the provisions of Chapter 39.12 RCW, as amended. The rules and regulations of the Department of Labor and Industries are by reference made a part of this contract as though fully set forth herein. The current schedule of prevailing wage rates for the locality or localities where this contract will be performed, as determined by the Industrial Statistician of the Department of Labor and Industries, are included in these contract documents. Inasmuch as the contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates, as determined by the Industrial Statistician of the Department of Labor and Industries, before submitting bids based on these specifications. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State and his decision therein shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage rules and data can be furnished by the Industrial Statistician upon request. You may submit your request to: Prevailing Wage Rates September 28, 1993 Department of Labor and Industries ESAC Division P. O. Box 44540 Olympia, Washington 98504-4540 Telephone: (206) 956-5335 DIVISION 1 GENERAL REQUIREMENTS SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.01 SUMMARY 01010 - 1 A. General work included in this section: 1. Furnish all labor, materials, and equipment required in accordance with provisions of the Contract Documents. 2. Completely coordinate with work of all other trades. 3. Although such work may not be specifically indicated, furnish and install all miscellaneous items incidental to or necessary. B. The latest amendment of the following applicable provisions of the State of Washington and Federal law(s) shall govern the Contract Documents: 1. William -Steiger Occupational Safety and Health Act of 1970, Public Law 94-596. 2. Part 1910 - Occupational Safety and Health Standards, Chapter XVII of title 29, Code of Federal Regulations. C. Related sections include but are not necessarily limited to: 1. Division 1. 2. Section 16010 - Electrical: Basic Requirements. 1.02 WORK COVERED BY CONTRACT A. New SCADA system hardware and software for Y2K compliance, and other miscellaneous and related wiring and programming. 1.03 CONTRACTOR'S USE OF PREMISES A. Contractor shall limit his use of the premises for Work and storage and allow for: 1. Work by other Contractors/Subcontractors. 2. Owner occupancy. B. Coordinate use of premises under direction of Owner and Engineer. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01010 - 2 C. Contractor assumes full responsibility for the protection and safekeeping of products and materials he has stored on the site. D. Contractor shall move any stored products, or materials, under Contractor's responsibility, which interfere with operations of Owner or separate Contractor/Subcontractor. E. Contractor shall obtain and pay for the use of any additional storage or work areas if needed for his operations. 1.04 WORK SEQUENCE A. Prior to performing any work at the Wastewater Treatment Facility the Contractor shall have the following work items completed: 1. All shop drawings submitted. 2. All shop drawings returned to Contractor with an "A, B, or E" action. 3. Preliminary O&M Manuals submitted. 4. Voice alarms identified. 5. Voice annunciation alarms configured and system test and demonstration completed. 6. SCADA system graphic displays configured, tested and approved by Engineer. 7. SCADA system reports configured and approved by City. B. Installation sequence: 1. Contractor shall have enough skilled craftsmen to remove and install the SCADA equipment with minimal interrupts of the OWNER'S operation. 2. Down time of the individual, PLCs if required, will be limited to 24 continuous hours Monday through Thursday. Maximum down time for the entire SCADA system will be limited to 96 continuous hours beginning on a Monday morning at 8:00 a_m. if the down times exceed those listed above, the Contractor shall work continuously, weekends and holidays until the SCADA/PLC system is operational. 3. Down time longer than those specified above will result in additional overtime costs to the Owner. These costs will be passed on to the Contractor in the form of a deductive CPR. 1.05 OWNER OCCUPANCY A. Owner will occupy the premises during the entire period of construction for the conduct of his normal operations. B. Contractor shall coordinate with Owner in all construction operations to minimize conflicts and to facilitate Owner usage. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01010 - 3 PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01060 - 1 SECTION 01060 SPECIAL CONDITIONS PART 1 - GENERAL 1.01 PRECONSTRUCTION CONFERENCE A. A preconstruction conference shall be held at the Yakima Regional Wastewater Treatment Facility (WWTF) after award of Contract. City will notify the Contractor as to the date and time of the conference two (2) weeks in advance of the proposed date. B. The following participants are to be in attendance at the preconstruction conference: 1. Contractor's On -Site Representative 2. Owner's designated Representative(s). 3. Subcontractors, if any. 4. Others as Appropriate. C. The agenda of the preconstruction meeting shall incorporate the following items: 1. Distribution and discussion of: a. List of Subcontractors. b. Projected Schedules. 2. Critical work sequencing. 3. Project coordination: a. Designation of responsible personnel. 4. Procedures and processing of: a. Field Orders. b. Change Proposal Requests. c. Change Orders. d. Applications for Payment. 5. Procedures for maintaining Record Documents. 6. Use of premises: a. Office, work, and storage areas. b. Owner's requirements. 7. Construction facilities and construction aids. 8. Temporary utilities. 9. Safety and first-aid procedures. 10. Security procedures. 11. Housekeeping procedures. 12. Minority Business Enterprise and other City or State requirements. 1.02 DRAWINGS AND CONTRACT DOCUMENTS FOR CONTRACTOR USE A. Refer to General Conditions. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01060 - 2 1.03 ORDER OF CONSTRUCTION AND CONSTRUCTION SCHEDULE A. Construction operations shall be scheduled to allow the Owner uninterrupted operation of existing adjacent facilities. B. At no time shall Contractor or his employees modify operation of the existing far'i1ities or start construction modifications without approval of the Owner except in emergency to prevent or minimize damage. C. Pursuant to Paragraph 2.6.1. and 6.6. of Section 00700 - General Conditions, submit for approval a bar chart type schedule. Account for of Subcontracts_ Include proper sequence of construction, various crafts, material delivery, and similar time consuming factors. Evaluate schedule not less than once every two (2) weeks. Update, correct, and rerun schedule and submit to Engineer in triplicate with pay application to show rescheduling necessary to reflect true job conditions when actual Work is more than fourteen (14) days behind schedule. When shortening of various time intervals is necessary to correct for behind schedule conditions, indicate steps to implement to accomplish work in shortest schedule. Information shall be submitted to Engineer in writing with revised schedule. D. If Contractor does not take necessary action to accomplish work according to schedule, he may be ordered by Owner in writing to take necessary and timely action to improve work progress. Order may require increased work forces, extra equipment, extra shifts, or other action as necessary. Should Contractor refuse or neglect to take such action authorized, under provisions of this contract, Owner may take necessary actions including, but not necessarily limited to, withholding of payment and termination of contract. E. Upon rar•aipt of approved "Work Schedule", within ten (10) consecutive calendar days, submit to Engineer an estimated payment schedule by each month of project duration. Include a composite curve to show estimated value of work complete and stored materials less specified retainage. During the course of work, update with new composite curves whenever variation is expected to be more than plus or minus 10 percent. Retain original or previous composite curves as dashed curves on all updates. Include a heavy plotted curve to show ACTUAL payment curve on all updates. 1.05 PROJECT MEETINGS A. The Engineer or City shall conduct construction meetings involving: 1. Contractor's on-site representative. 2. Owner's designated representative(s). 3. Contractor's Subcontractors as appropriate to the work in progress. B. Conduct meetings at least once every month while contractor is on- site. C. The Engineer or City shall take meeting minutes and submit copies of meeting minutes to participants. Corrections, additions, or deletions to the minutes shall be noted and addressed at the following meeting. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01060 - 3 Contractor is responsible to distribute minutes as required to Subcontractors and suppliers. D. The Engineer or City shall schedule meetings for most convenient time frame. E. The Engineer shall have available at each meeting full chronological file of all previous meeting minutes. F. The Contractor shall have available at each meeting up-to-date "As -Recorded" drawings. G. Construction meetings shall incorporate the following items: 1. Review of work progress. 2. Field observations, problems, conflicts. 3. Problems which impede Work Schedule. 4. Corrective measures and procedures to regain Work Schedule. 5. Revisions to Work Schedule. 6. Plan progress during succeeding work period. 7. Coordination of schedules. 8. Maintenance of quality standards. 9. Review proposed changes for effect on Work Schedule and on completion date. 10. Old business. 11. New business. H. Owner shall make physical arrangements for the meeting. 1.06 TEMPORARY UTILITIES A. Power: 1. Contractor may temporarily use existing receptacle outlets for small power tools with 120 V, single phase, 15 amp, and grounding connection plugs at no cost to Contractor: a. Use of existing receptacle outlets shall be in such a manner to minimize inconvenience to Owner and his employees. b. Contractor shall provide any required extension cords. c. Extension cords shall be supported or guarded to positively prevent any hazard of any kind to Owner's personnel. d. Abuse of this privilege may result in disallowing receptacle use. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01340 - 1 SECTION 01340 SHOP DRAWINGS, PRODUCT DATA & SAMPLES; OPERATION & MAINTENANCE MANUALS; AND MISCELLANEOUS SUBMITTALS PART 1 - GENERAL 1.01 SUMMARY A. General: 1. Section Addresses: a. Mechanics and administration of the submittal process for shop drawings, operation and maintenance manuals, and miscellaneous submittal items. B. Related Sections include but are not necessarily 1. Division 0 - Bidding Requirements, Contract of the Contract. 2. Division 1 - General Requirements. 3. Sections in Divisions 2 through 10 submittals. 1.02 DEFINITIONS A. Shop Drawings: 1. See General Conditions. 2. Product data and samples are limited to: Forms, and Conditions identifying required Shop Drawing information. B. Miscellaneous Submittals: 1. Submittals other than Shop Drawings: 2. Representative types of miscellaneous submittal items include but are not limited to: a. Construction schedule. b. Concrete, soil compaction, and pressure test reports. c. Installed equipment and systems performance test reports. d. Manufacturer's installation certification letters. e. Instrumentation and control commissioning reports. f. Warranties. g. Service agreements. h. Cost breakdown (Schedule of Values). 1.03 TRANSMITTALS A. Shop Drawings and Operation and Maintenance Manuals: 1. Transmit submittals to: HDR Engineering, Inc. Suite 1200, 500 - 108th Avenue N.E. Bellevue, WA 98004 Attn: John Koch YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01340 - 2 2. Transmit a copy of each submittal to: Yakima Regional WWTF 2220 E. Viola Yakima, WA 98901 Attn: Doug Mayo 3. All transmittals must be from Contractor and bear his approval stamp. Transmittals will not be received from or returned to subcontractors. a. Shop drawing transmittal stamp shall read "(Contractor's Name) has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval as stipulated under General Conditions Paragraph 6.25.1. Transmittals will not be received from or returned to subcontractors. b. Operation and Maintenance Manual transmittal stamp may be Contractor's standard approval stamp. 4. Provide submittal information defining specific equipment or materials utilized on the project. Generalized product information not clearly defining specific equipment or materials to be provided will be rejected. 5. Calculations required in individual specification sections will be received for information purposes only and will be returned stamped "E. Engineer's Review Not Required" to acknowledge receipt. 6. Submittal Schedule: a. Shop drawings: 1) Submittal and approval prior to installation. b. Operation and Maintenance Manuals and Equipment Record Sheets: 1) Initial submittal 30 days prior to shipment. No payment will be made for equipment prior to initial submittal. 2) Final submittal prior to final acceptance and payment. Five percent of the cost of the equipment will be retained until final O&M is aprr�proved. - B. Miscellaneous Submittals: 1. Transmit under Contractor's standard letter of transmittal or letterhead. 2. Submit in triplicate or as specified in individual specification section. 3. Transmit to: HDR Engineering, Inc. Suite 1200, 500 - 108th Avenue N.E. Bellevue, WA 98004 Attn: John Koch YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01340 - 3 4. Provide copy of each miscellaneous submittal to: Yakima Regional WWTF 2220 E. Viola Yakima, WA 98901 Attn: Doug Mayo 1.04 PREPARATION OF SUBMITTALS A. Shop Drawings: 1. Number transmittals consecutively beginning with 1. 2. Number transmittals of resubmitted items with the original root number and a suffix letter starting with "A" on a new transmittal form. 3. Restrict each transmittal to only one Specification Section or portion thereof. 4. Provide breakout of each transmittal contents on transmittal form. Each component thus defined will receive specific action by the Engineer. Define manufacturer, item, Contract Document tag number, and Contract Drawing/Specification reference. 5. Do not change the scope of any resubmittal from the original transmittal scope. If some components of the original or previous resubmittal transmittal received "A" or "B" Action and others did not, list the "A" or "B" Action components in subsequent resubmittal packages and indicate "A" or "B" Action code previously received on the transmittal form. With prior approval of the Engineer, components of an original submittal or prior resubmittal that have not received an "A" or "B" Action may be withheld from a resubmittal. Such components shall be listed on the resubmittal transmittal form and indicated as "Outstanding - To Be Resubmitted At a Later Date." 6. For 8-1/2 x 11 IN size sheets, provide two copies of each page for Engineer plus the number required by the Contractor. The number of copies required by the Contractor will be defined at the Preconstruction Conference, but shall not exceed 4. 7. For items not covered in paragraph 6, submit one reproducible transparency and one print of each drawing until approval is obtained. Utilize mailing tube; do not fold. The Engineer will mark and return the reproducible to the Contractor for his reproduction and distribution. 8. Provide clear space (3 IN SQ) for Engineer stamping of each component defined in A.5. 9. Contractor shall use green color for all marks on transmittals, he shall not use red. Duplicate all marks on all copies transmitted, and ensure marks are photocopy reproducible. Outline Contractor marks on reproducible transparencies with a rectangular box. 10 Transmittal Contents: a. Coordinate and identify shop drawing contents so that all items can be easily verified by the Engineer. b. Identify equipment or material use, tag number, drawing detail reference, weight, and other project specific information. c. Provide sufficient information together with technical cuts and technical data to allow an evaluation to be made to determine that the item submitted is in compliance with the Contract Documents. d. Submit items like equipment brochures, cuts of fixtures, product data sheets or catalog sheets on 8-1/2 x 11 IN pages. Indicate exact item or model and all options proposed. e. Include legible scale details, sizes, dimensions, performance characteristics, capacities, test data, anchoring details, installation instructions, storage and handling instructions, color charts, layout drawings, parts catalogs, rough -in diagrams, wiring diagrams, controls, weights and other pertinent data. Arrange data and performance information in format similar to that provided in Contract Documents. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01340 - 4 Provide, at minimum, the detail provided in the Contract Documents. f. If proposed equipment or materials deviate from the Contract Drawings or Specifications in any way, clearly note the deviation and justify the said deviation in detail in a separate letter immediately following transmittal sheet. B. Operation and Maintenance Manuals.: 1. Number transmittals for Operation and Maintenance Manual with original root number of the approved shop drawing for the item. 2. Submit three copies until approval is received. 3. Identify resubmittals with the original number plus a suffix letter starting with "A." 4. Submit Operation and Maintenance Manuals printed on 8-1/2 x 11 IN size heavy first quality paper with standard three -hole punching and bound in stiff metal hinged binder constructed as a three -post style. Provide binders with *4*1.'S on front and on spine of binder. Tab each section of manuals for easy reference with plastic -coated dividers. Provide index for each manual. Provide plastic sheet lifters prior to first page and following last page. 5. Reduce drawings or diagrams bound in manuals to an 8-1/2 x 11 IN or 11 x 17 IN 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. 6. Transmittal Content: a. Submission of Operation and Maintenance Manuals is applicable to: 1) Truck scales and associated equipment. b. Prepare operation and maintenance manuals to include, but are not necessarily limited to, the following detailed information, as applicable: 1) Equipment function, normal operating characteristics, limiting operations. 2) Assembly, disassembly, installation, alignment, adjust- ment, and checking instructions. 3) Operating instructions for start-up, routine and normal operation, regulation and control, shutdown, and emergency conditions. 4) Lubrication and maintenance instructions. 5) Guide to "troubleshooting." 6) Parts list and predicted life of parts subject to wear. 7) Outline, cross-section, and assembly drawings; engineering data; and electrical diagrams, including elementary diagrams, wiring diagrams, connection diagrams, word description diagramsand ueSCrip .�..��� ofwiring interconnection diagrams. 8) Test data and performance curves. 9) A list of recommended spare parts with a price list and a list of spare parts provided under these specifications. 10) Copies of installation instructions, parts lists or other documents packed with equipment when delivered. 11) Instrumentation or tag numbers relating the equipment back to the Contract Documents. 12) Include a filled -out copy of the Equipment Record Sheet, as the first page(s) of each Operation and Maintenance Manual. Complete maintenance requirements in detail. Simple reference to the Manual is not acceptable. A copy of the required Equipment Record Sheet can be found at the end of this section. 13) For equipment items involving components or subunits, an Equipment Record Sheet for each operating component or subunit is required. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01340 - 5 1.05 ENGINEER'S REVIEW ACTION A. Shop Drawings and Samples: 1. Items within transmittals will be reviewed for overall design intent and will receive one of the following actions: a. A - FURNISH AS SUBMITTED. b. B - FURNISH AS NOTED (BY ENGINEER). c. C - REVISE AND RESUBMIT. d. D - REJECTED. e. E - ENGINEER'S REVIEW NOT REQUIRED. 2. Transmittals received will be initially reviewed to ascertain inclusion of Contractor's approval stamp. Drawings not stamped by the Contractor or stamped with a stamp containing language other than that specified in Paragraph 1.03-A.4.a., will not be reviewed for technical content and will be returned without any action. 3. Transmittals returned with Action "A" or "B" are considered ready for fabrication and installation. If for any reason a transmittal that has an "A" or "B" Action is resubmitted, it must be accompanied by a letter defining the changes that have been made and the reason for the resubmittal. Destroy or conspicuously mark "SUPERSEDED" all documents having previously received "A" or "B" Action that are superseded by a resubmittal. 4. Transmittals with Action "A" or "B" combined with Action "C" (Revise and Resubmit) or "D" (Rejected) will be individually analyzed giving consideration as follows: a. The portion of the transmittal given "C" or "D" will not be distributed (unless previously agreed to otherwise at the Preconstruction Conference). One copy or the one transparency of the "C" or "D" drawings will be marked up and returned to the Contractor. Correct and resubmit items so marked. b. Items marked "A" or "B" will be fully distributed. c. If a portion of the items or system proposed are acceptable, however, the major part of the individual drawings or documents are incomplete or require revision, the entire submittal may be given "C" or "D" Action. This is at the sole discretion of the Engineer. In this case, some drawings may contain relatively few or no comments or the statement, "Resubmit to maintain a complete package." Distribution to the Owner and field will not be made (unless previously agreed to otherwise). 5. Failure to include any specific information specified under the submittal paragraphs of the specifications will result in the transmittal being returned to the Contractor with "C" or "D" Action. 6. In addition to calculations stamped and returned "E. Engineer's Review Not Required," other transmittals such as submittals which the Engineer considers as "Not Required," submittal information which is supplemental to but not essential to prior submitted information, or items of information in a transmittal which have been reviewed and received "A" or "B" Action in a prior transmittal, will be returned with Action "E. Engineer's Review Not Required." 7. Samples may be retained for comparison purposes. Remove samples when directed. Include in bid all costs of furnishing and removing samples. 8. Approved samples submitted or constructed, constitute criteria for judging completed work. Finished work or items not equal to samples will be rejected. B. Operation and Maintenance Manuals: 1. Engineer will review and indicate one of the following review actions: a. A - ACCEPTABLE. b. B - FURNISH AS NOTED. c. C - REVISE AND RESUBMIT YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01340 - 6 d. D - REJECTED. 2. Acceptable submittals will be retained with the transmittal form returned with a request for five additional copies. 3. Deficient submittals will be returned along with the transmittal form which will be marked to indicate deficient areas. END OF SECTION YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS EQUIPMENT RECORD SHEET Page of EQUIP. DESCRIPTION DATE INSTALLED DATE STARTED EQUIP. TAG EST. COST EST LIFE EQUIP. LOCATION SPECIFICATION # MFG'R. PHONE NUMBERS ADDRESS VENDOR ADDRESS MAINTENANCE REQUIREMENTS LUBE TYPE D W M Q S A HOURS LUBRICANT TYPE MANUFACTURER LUBRICANT TYPE MANUFACTURER 1 4 2 5 3 6 RECOMMENDED SPARE PARTS ELECTRICAL NAMEPLATE DATA PART NO PART NAME QUANTITY EQUIP MAKE SERIAL NO. ID NO MODEL NO FRAME NO. HP V AMP HZ PH RPM SF DUTY CODE INS. CL. DES. TYPE NEMA MISC. MISC. RATING MECHANICAL NAMEPLATE DATA EQUIP. MAKE SERIAL NO. ID NO. MODEL NO FRAME NO. HP RPM CAP SIZE TDH IMP. SZ. BELT NO. CFM PSI NEMA CASE NO. SECTION 01560 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS PART 1 - GENERAL 1.01 SUMMARY A. General work included in this section: 1. Minimizing pollution of air, water, or land. 2. Control of noise and disposal of solid waste materials. B. Contractor ordinances prevention resources, following: 1. National Environmental Policy Act of 1969, Public Law 91-190. 2. Executive Order 11514. 3. State Environmental Policy Act of 1983, RCW 43.21C. 01560 - 1 is expected to comply with all statutes, regulations, and which relate to this contract and which deal with of environmental pollution and preservation of natural including but not limited to the latest amendment of the C. Related sections include but are not necessarily limited to: 1. Division 0. 2. Division 1. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 INSTALLATION A. Land Protection: 1. Except for any work or storage area and access routes specifically assigned for use of the Contractor, the land areas outside the limits of construction shall be preserved in their present condition. Any condition changed by Contractor shall be returned to original condition at the end of the work. Contractor shall confine his construction activities to areas defined for work within the Contract Documents. 2. Manage and control all work or storage areas, access routes, and embankments to prevent sediment from entering nearby water or land adjacent to the work site. 3. All equipment shall be thoroughly washed clean prior to leaving the site. B. Solid Waste Disposal: 1. Collect solid waste on a daily basis. 2. Provide disposal of degradable solid waste to an approved solid waste disposal site. 3. Provide disposal of nondegradable solid waste to an approved solid waste disposal site or in an alternate manner approved by Engineer and regulatory agencies. C. Control of Chemical Waste: 1. Store and dispose of chemical wastes in a manner approved by regulatory agencies. 2. Take special measures as required and identified in the City's Spill Prevention, Containment and Countermeasure plan, to prevent chemicals, fuels, oils, greases, herbicides, and insecticides from entering drainage ways. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01560 - 2 3. Do not allow water used in onsite material processing, cleanup, and other waste waters to enter a drainage way(s) or stream. L.LflSLLV1 VL LL40L- 1. The control of dust shall mean that no construction activity shall take place without applying all such reasonable measures as may be required to prevent particulate matter from becoming airborne so that it remains visible beyond the limits of construction. Reasonable measures may include paving, frequent road cleaning, application of water, or application of chemical dust suppressants. The use of chemical agents such as calcium chloride must be approved by the State of Washington DOT. 2. Utilize methods and practices of construction to eliminate dust in full observance of agency regulations. 3. The Engineer will determine the effectiveness of the dust control and may request the Contractor to provide additional measures at no additional cost to Owner. E. Burning: 1. Burning is not allowed. 2. Open fires are not allowed. F. Control of Noise: 1. Control noise by fitting equipment with appropriate mufflers. 2. Noise level at Owners property line shall not exceed limits set by local, state or federal regulations. G. Completion of Work: 1. Upon completion of work, leave area in a clean and natural looking condition. END OF SECTION YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01600 - 1 SECTION 01600 PRODUCT DELIVERY, STORAGE, AND HANDLING PART 1 - GENERAL 1.01 SUMMARY A. General work included in this section: 1. Scheduling of product delivery. 2. Packaging of products for delivery. 3. Protection of products against damage from: a. Handling. b. Exposure to elements or harsh environments. B. Related sections include but are not necessarily limited to: 1. Division 0. 2. Division 1. 3. Division 13. 4. Division 16. 1.02 DELIVERY A. Scheduling: 1. Schedule delivery of products as required to allow timely usage. B. Packaging: 1. Deliver products in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. C. Protection and Handling: 1. Provide manufacturer's instructions for storage and handling. D. Owner and Owner's representatives shall not be responsible for accepting deliveries. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 PROTECTION, STORAGE, AND HANDLING A. Manufacturer's Instruction: 1. Protect all products in accordance with manufacturer's written directions: a. Store products in location to avoid physical damage to items while in storage. b. Handle products in accordance with manufacturer's recom- mendations and instructions. 3.02 FIELD QUALITY CONTROL A. Inspect Deliveries: 1. Inspect all products delivered to site prior to unloading. Reject all products that are damaged, used, or in any other way unsatisfactory for use on Project. END OF SECTION YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01710 - 1 SECTION 01710 CLEANING PART 1 - GENERAL 1.01 SUMMARY A. General work included in this section: 1. Intermediate and final cleaning of Work. B. Related sections include but are not necessarily limited to: 1. Division 0. 2. Division 1. 3. Division 13. 4. Division 16. 1.02 STORAGE AND HANDLING A. Store cleaning products and cleaning wastes in containers specifically designed for those materials. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 GENERAL A. Prevent accumulation of wastes that create hazardous conditions. B. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. C. Do not dispose of volatile wastes such as mineral spirits, oil, fuel, or paint thinner in storm or sanitary sewers. D. Dispose of degradable debris at an approved solid waste disposal site. E. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by Engineer and regulatory agencies. F. Handle materials in a controlled manner with as few handlings as possible. G. On completion of work, leave area in a clean and natural looking condition. H. Do not burn. 3.02 SITE CLEANING A. Paint and maintain in good repair barricades and related items B. Keep site clean of debris, rubble, and paper. Store and stockpile materials in an orderly manner and protect against damage. C. Confine construction operations to the immediate vicinity of the location indicated on drawings and use due care in placing construction tools, equipment, materials, and supplies so as to cause YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 01710 - 2 the least possible disruption and interference with traffic, other construction, and plant operations. Restore all u.ioL.0 ucu areas 4 vv their .,l c-n-lit4^n upon completion of Work. E. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or men, to or from the Work or any part or site thereof, whether by him or his Subcontractors. F. Make satisfactory and acceptable arrangements with the Owner of, or the agency or authority having jurisdiction over, any damaged property concerning its repair or replacement or payment of costs rinirrcri in ..... ... �... connection with the damage. G. Keep fire hydrants and water control valves free from obstruction and available for use at all times. H. Final Cleaning: 1. Remove trash and debris containers from site. 2. Clean paved roadways and parking areas. END OF SECTION YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 16010 - 1 SECTION 16010 ELECTRICAL: BASIC REQUIREMENTS PART 1 - GENERAL 1.01 SUMMARY A. Section includes: 1. Basic requirements for electrical work. B. Install and wire all equipment, including prepurchased equipment, perform all tests necessary to assure conformance to the Drawings Specifications and ensure that equipment is ready and safe energization. and and for C. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. D. Drawings use and interpretation: 1. Drawings indicate the diagrammatic arrangement of electrical equipment and the approximate location of other equipment requiring electrical work. For the exact locations of equipment field verification will be required. a. Field measurements take precedence over dimensioned drawings. E. Installation of all systems and equipment is subject to clarification as indicated in reviewed shop drawings and field coordination drawings. 1.02 AREA CLASSIFICATIONS A. Outdoor locations may contain wet, corrosive and hazardous areas: 1. Corrosive and hazardous areas are identified on the Drawings. a. Areas not identified as such shall be considered wet. B. Indoor locations may contain unclassified, damp, wet, corrosive and hazardous areas: 1. Damp, wet, corrosive and hazardous areas are identified on the Drawings. a. Areas not identified as such shall be considered unclassified. 1.03 DEFINITIONS A. Outdoor areas: 1. Those locations on the Project site where normally exposed to wind, dust, rain, snow, etc. the equipment is B. Indoor areas: 1. Those locations on the Project site where the normally protected from wind, dust, rain, snow, etc. C. Shop fabricated: 1. Manufactured or assembled equipment for which a has not been established. 1.04 QUALITY ASSURANCE A. Referenced standards: 1. American Iron and Steel Institute (AISI): equipment is UL test procedure YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 16010 - 2 a. Steel Products Manual - Stainless and Heat Resisting Steel. 2. American National Standards Institute (ANSI): a. C2, National Electrical Safety Code. 3. American Society for Testing and M._atari al p (-A—ST--M-) a. A36, Specification for Structural Steel. b. A153, Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 4. Factory Mutual System (FM): a. A Guide to Equipment, Materials and Services. 5. Institute of Electrical and Electronics Engineers (IEEE): a. 141, Recommended Practice for Electrical Power Distribution for Industrial Plants. b. 242, Recommended Practice for Protection and Coordination of Industrial and Commercial Power Systems. 6. National Electrical Manufacturers Association (NEMA): a. ICS 6, Enclosures for Industrial Controls and Systems. 7 National Fi o Protection (N_.F_P_A) a. . 70, National Electrical Code (NEC). 8. Underwriters Laboratories, Inc (UL): a. 508, Safety Industrial Control Equipment. b. 698, Industrial Control Equipment for Use in Hazardous Locations. 9. ETL Testing Laboratories, Inc. (ETL). B. In case of conflict or disagreement between codes, standards, laws, ordinances, rules, regulations, drawings and specifications, or within either document itself, the more stringent condition shall govern. 1.05 SYSTEM DESCRIPTION A. Provide functioning systems in compliance with manufacturer's instructions, performance requirements specified or shown on the Drawings, and modifications resulting from reviewed shop drawings and field coordinated drawings. 1.06 SUBMITTALS A. Shop drawings: 1. See Section 01340. 2. Submit shop drawings to purchase or fabrication of equipment. 3. Prior to submittals of shop drawings, coordinate electrical equipment, control panels, and instrumentation, with all applicable equipment and systems interfacing with that equipment. 4. Submittals shall be made in the following combinations: a. Conduits, wire and cable 600 V and below. b. Wiring devices. c. Alarm system and communication systems. 5. For each product, clearly identify manufacturer by name. 6. Provide manufacturer's technical information on products to be used, including: a. Product descriptive bulletin. b. Electrical data pertinent to the Project and necessary to assure compliance with Specifications and Drawings. c. Equipment dimensions, where applicable. d. Evidence that the products submitted meet the requirements of the standards referenced. 7. When general data sheets are provided as part of the submittal, specifically identify the products to be used on this Project. 8. Ensure that all submittals clearly indicate the equipment is UL or ETL listed or is constructed utilizing UL or ETL listed or UL recognized components. Where a UL standard has not been established clearly identify that no UL standard exists for that equipment. 9. For all equipment, provide manufacturer's installation YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 16010 - 3 instructions. B. Operation and maintenance manuals: 1. See Section 01340. 1.08 PROJECT CONDITIONS A. Execution of this Contract will involve replacement of existing equipment. It shall be the Contractor's responsibility to coordinate with the Engineer and the Owner those drives which shall remain in service, or which shall have a limited downtime, and to schedule his work accordingly. Temporary equipment and wiring, installed in accordance with the NEC, may be used if necessary to maintain operation or to limit downtime. Under no circumstances shall equipment be taken out of service without the Owner's permission. PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the listed manufacturers are acceptable. 2.02 GALVANIZED RIGID STEEL CONDUIT A. Acceptable manufacturers: 1. Allied Tube and Conduit Corporation. 2. Triangle PWC Inc. 3. Western Tube and Conduit Corporation. 4. Wheatland Tube Company. 5. LTV Steel Company. B. Mild steel with continuous welded seam. C. Metallic zinc applied by hot -dipped galvanizing or electro - galvanizing. 1. Baked lacquer, varnish or enamel for a smooth surface. E. Standard: 1. ANSI C80.1. 2.03 CONDUIT FITTINGS AND ACCESSORIES A. Acceptable manufacturers: 1. Adalet. 2. Appleton. 3. Carlon. 4. Certainteed. 5. Crouse -Hinds. 6. Killark. 7. Occidental Coating Company. 8. OZ Gedney Company. 9. Perma-Cote. 10. RACO. 11. Rob -Roy Ind. 12. Steel City. 13. Thomas and Betts. 14. Western Plastics Company. B. Fittings for use with RGS in non -hazardous and non -corrosive locations: 1. Materials: Following minimum requirements unless otherwise noted: YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 16010 - 4 a. Body: Malleable iron, zinc- or cadmium -plated; steel, hot - dipped galvanized; or steel zinc plated with aluminum lacquer or aluminum enamel finish. u. u. Covers: Malleable iron, zinc plated. . c. Gaskets: Neoprene or PVC, integrally fused to or recessed into the body. d. Insulators -phenolic, thermosetting: 1) Minimum 105 DegC UL rating. e. Grounding saddles tin-plated copper or bronze suitable for use with copper and aluminum conductors. f. Bonding junipers: Tinned copper flexible braid. g. Locknuts: Malleable iron, zinc plated. 2. All fittings: Threaded unless otherwise noted. 3. All covers: Gasketed. 4. Standards: a. Urn � U. b. UL 467. c. UL 514. d. UL 1242. 5. Hubs shall be raintight. 6. Straight couplings: Some material and finish as the conduit with which they are used. 2.04 WIRE FOR POWER AND CONTROL CIRCUITS 600V AND BELOW A. Wire: 1. Subject to compliance with Contract Documents, the following manufacturers are acceptable: a. American Insulated Wire Corporation. b. Cablec Corporation. c. Carol Cable Company, Inc. d. ITT Royal Electric. e. Okonite Company. f. Rome Cable Corporation. g. Southwire Company. h. Triangle PWC Inc. 2. Conform to ICEA/NEMA S-61-402/WC 5, S-66-524/WC 7, S-68-516/WC 8, and UL 44 and 83. B. Instrumentation cable: 1. Subject to compliance with Contract Documents, the following manufacturers are acceptable: a. Alpha Wire Corporation. b. American Insulated Wire Corporation. c. Belden Wire and Cable. d. Carol Cable Company. C. All wire and instrumentation cable: 1. UL listed or UL recognized. 2. Surface mark each conductor with manufacturer's name or trademark, conductor size, insulation type, and UL labels. 3. Insulation types: a. THWN: 1) Conform to ICEA S-61-402/NEMA WC 5 and UL 83. b. XHHW: 1) Conform to ICEA S-66-524/NEMA WC 7 and UL 44. c. RHW: 1) Conform to ICEA S-68-516/NEMA WC 8 and UL 44. D. Splices and taps: 1. Subject to compliance with Contract Documents, the following manufacturers are acceptable: a. Burndy Corporation. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 16010 - 5 b. Ideal. c. Minnesota Mining and Manufacturing Co. d. Penn Union. e. Thomas and Betts. 2. UL listed. 3. Conform to UL 486A. 2.05 ETHERNET COAX CABLE A. Type: Coax IEEE 802.3 10 Base 2 Cable. B. Conductor: 20 AWG with 19X32 stranding tinned copper. C. Shields: 93; tinned copper braid shield. D. Insulation: Cellular Polyethylene. E. Manufacturer: Belden type 9907 or approved equal. 2.06 FIBER OPTIC CABLE A. Type: All dielectric telecommunication cable with dual jacket. B. Fiber: 62.5 Micron/125 Micron (Core/Clad) dual window fiber. C. Outer Jacket: Polyethylene. D. Inner Jacket: Polyethylene with Kevlar braid overwrap. E. Bandwidth: 160/500 MHz -km at 850 and 1300 nm. F. Number of Fibers: As noted on drawings. G. Strength Member: Fiberglass epoxy rod. H. Rated Pulling Strength: 500 lbs minimum. I. Manufacturer: Belden Type 22541X. 2.07 FIBER OPTIC BREAKOUT CABLE A. Type: Riser -listed breakout cable with tight buffer design. B. Fiber: 62.5 Micron/125 Micron (core/clad) dual window fiber coated with thermoplastic buffer to a diameter of 900 microns with Kevlar yard layer and PVC jacket. C. Overall construction: Polyester tape over fibers with Kevlar ripcord. D. Overall jacket: Flame retardant PVC. E. Bandwidth: 160/500 MHz -km at 850/1300 nn. F. Number of Fibers: Shown on drawings. G. Strength Member: Kevlar. H. Rated Pulling Strength: 215 pounds minimum for 4 fiber configuration. I. Manufacturer: Belden Type 22566X. 2.08 FABRICATION YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 16010 - 6 A. When equipment is shop fabricated for the Project, the electrical devices and enclosures utilized shall be UL or ETL listed and labeled or shall be UL recognized. PART 3 - EXECUTION 3.01 INSTALLATION A. Equipment shall be installed in accordance with the requirements of the NEC. B. Enclosures for use with electrical equipment: 1. NEMA 12: Use in unclassified indoor locations. 2. NEMA 3R: Use with HVAC equipment in wet outdoor locations. 3. NEMA 4: a. Use in wet indoor locations. b. Use in wet outdoor locations except with HVAC equipment. 4. NEMA 4X: Use in all corrosive locations. 5. Standards: a. NEMA ICS -6, Enclosures for Industrial Controls and Systems. b. UL 508, Safety Industrial Control Equipment. C. UL 698, Industrial Control Equipmentfor usein hazardous locations. C. Equipment dimensions and clearances: 1. Do not use equipment that exceeds the indicated dimensions. a. Except as approved in writing by the Engineer. 2. Do not use equipment or arrangements of equipment that reduce required clearances or exceed the space allocation. D. Install equipment in accordance with the manufacturer's instructions. E. Equipment access: 1. Install equipment so it is readily accessible for operation and maintenance. 2. Equipment shall not be blocked or concealed. 3. Do not install electrical equipment such that it interferes with normal maintenance requirements of other equipment. F. Equipment shall be installed plumbed, square and true with the building construction and shall be securely fastened. G. Provide all necessary anchoring devices and supports. 1. Use supports as detailed on the Drawings and as specified. a. Where not detailed on the Drawings or specified, use supports and anchoring devices rated for the equipment load and as recommended by the manufacturer. 2. Supports and anchoring devices shall be rated and sized based on dimensions and weights verified from approved equipment submittals. 3. Hardware shall be malleable type, corrosion resistant and shall be supported by heavily plated machine screws or brass, bronze or stainless steel bolts. 4. Do not cut, or weld to, building structural members. 5. Do not mount safety switches and external equipment to other equipment enclosures, unless enclosure mounting surface is properly braced to accept mounting of external equipment. H. To avoid interference with structural members and equipment of other trades, it may be necessary to adjust the intended location of electrical equipment. Unless specifically dimensioned or detailed, the Contractor may, at his discretion, make minor adjustments in YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 16010 - 7 equipment location without obtaining the Engineer's approval. Minor adjustments are defined as a distance not to exceed: 1. 1 FT at grade, floor and roof level in any direction int he horizontal plane. 2. 1 FT on walls in a horizontal direction within the vertical plane. 3. Changes in equipment location exceeding those defined above require the Engineer's approval. 4. Particular attention shall be paid to door swings, piping, radation, ductwork, and structural steel. a. No additional compensation will be allowed for the moving of misplaced outlets, wiring, or equipment. I. Provide tagging of electrical equipment, conduits, and conductors. 1. Each piece of equipment shall be provided with a nameplate identifying the equipment by the tag number or name shown on the Drawings. 2. Each branch circuit shall be provided with a nameplate identifying, by name and tag number. a. Do not abbreviate. 3. Each control device shall be provided with an escutcheon defining the device function and a nameplate identifying the controlled equipment. 3.02 FIELD QUALITY CONTROL A. Make all penetrations of electrical work through walls and roofs water and weather -tight. B. Equipment furnished under this Contract for use on future work and all concealed equipment, including conduits, shall be dimensioned, on the record drawings, from visible and permanent building features. C. After installation, all equipment shall be tested as recommended by the manufacturer. D. Verify all components are operational. E. Test equipment interface: 1. Verify systems coordination and operation. F. Verify all system and equipment ground continuity. G. Adjust installed equipment for proper operation of all electrical and mechanical components. H. Replace equipment and systems found inoperative or defective and re -test. 1. If equipment or system fails re -test, replace it with products which conform with Contract Documents. 2. Continue remedial measures and re -tests until satisfactory results are obtained. 3. Remedial measures and re -tests will be done at no cost to the Owner. I. At completion of installation: 1. Test to ensure all equipment is free of short circuits and improper grounds. 2. Test to ensure all equipment is operational. YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS 16010 - 8 3.03 CLEANING A. Clean dirt and debris from all surfaces. B. Apply touch-up paint as required to repair scratches, etc. C. Replace nameplates damaged during installation. D. Thoroughly vacuum the interior of all enclosures to remove dirt and debris. END OF SECTION YAKIMA REGIONAL WWTF SCADA SYSTEM Y2K IMPROVEMENTS ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /V For Meeting Of 5/4/99 Sole Source Purchase of year 2000 compliant software and hardware From TESCO Controls Inc. for The Wastewater Division Doug Mayo, Wastewater Manager Scott Stockton, Acting Assistant Superintendent CONTACT PERSON/TELEPHONE: Doug Mayo/575-6077 SUMMARY EXPLANATION: In the late 1980's, the City of Yakima contracted with TESCO Controls Inc. for a real time computer controlled data handling and monitoring system known as Supervisory Control and Data Acquisition (SCADA). The purchase was a success but the current software and hardware will not withstand the coming millennium year change. Many diverse and varied approaches to this problem have been attempted by others to avoid an expensive overhaul; all have met with failure. The only secure solution is to replace the existing software and hardware components with an upgraded system. The funding for this proposal would be drawn from Facilities Project Fund number 478, Project 1824 and Capital Reserves Fund number 472, Project 1825. As the aggregate computer system has many integrated TESCO parts, some of which will work beyond the year 2000, and TESCO has discounted their offer due to previous contracts, a sole source purchase is recommended. The total cost for this project would be $153,045.36. Resolution X Ordinance _Contract Other (Specify) Funding Source: Facilities Project Fund (478) Project 1824 Capital Reserves Fund (472) Project 1825 APPROVED FOR SUBMITTAL: \� �s \\ City Manager STAFF RECOMMENDATION: Staff recommends City Council to: Approve attached Resolution, authorizing the City Manager to execute necessary agreement for the Y2K update to wastewater Supervisory Control and Data Acquisition (SCADA) system. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Attachments included in this Council package are: •TESCO Technical Memorandum Y2K Agenda April 28, 1999 sms