WATER METER REPLACEMENT PROGRAM CFPUA Contract 14C0506 CFPUA Capital Project 13W143
235 Government Center Drive Wilmington, NC 28403 Tel: 910-332-6573 Fax: 910-799-6066 www.cfpua.org
Table of Contents
WATER METER REPLACEMENT PROGRAM Bidding Requirements Section 00111
Advertisement for Bid
Section 00211
Instructions to Bidders
Section 00212
Bidder’s Checklist
Section 00411
Bid Form
Section 00431
Bid Bond Form
Section 00451.2
E-Verify Affidavit
Section 00451.9
Affidavit and Certificate of Non-Collusion, Non-Suspension and Non-Conviction
Contract Forms Section 00521
Agreement for Construction Services
Section 00611
Bonds & Insurance 1. Performance Bond Form 2. Payment Bond Form 3. Insurance Attachment Sheet
Section 00627
Application for Payment Forms A. Sales Tax Report B. CFPUA Material Inventory Statement C. Contractor Payment to MBE/DBE Firms D. Contractor’s Affidavit of Payment of Debts and Claims and Release of Liens E. Subcontractor’s Release or Waiver of Liens F. Contractor’s Assignment of All Warranties and Guarantees G. Consent of Surety Company To Final Payment
Conditions of Contract Section 00720
EJCDC General Conditions of the Construction Contract (v.2007)
Section 00730
CFPUA Supplementary Conditions
Section 00011 Table of Contents
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Table of Contents
Technical Specifications Division 1 – General Requirements 011000 ....... SUMMARY ............................................................................................................. 012200 ....... UNIT PRICES………………………………………………………………………………………………………… 012300 ....... ALTERNATES……………………………………………………………………………………………………….. 012500 ....... SUBSTITUTION PROCEDURES ................................................................................ 012600 ....... CONTRACT MODIFICATION PROCEDURES ............................................................ 012900 ....... PAYMENT PROCEDURES ....................................................................................... 013100 ....... PROJECT MANAGEMENT AND COORDINATION ................................................... 013200 ....... CONSTRUCTION PROGRESS DOCUMENTATION ................................................... 013300 ....... SUBMITTAL PROCEDURES .................................................................................... 014000 ....... QUALITY REQUIREMENTS ..................................................................................... 014200 ....... REFERENCES ......................................................................................................... 015000 ....... TEMPORARY FACILITIES AND CONTROLS ............................................................. 016000 ....... PRODUCT REQUIREMENTS ................................................................................... 017300 ....... EXECUTION ........................................................................................................... 017419 ....... CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ..................................... 017700 ....... CLOSEOUT PROCEDURES ...................................................................................... 017823 ....... OPERATION AND MAINTENANCE DATA ............................................................... 017839 …….. PROJECT RECORD DOCUMENTS…………………………………………………………………………. 017900 ....... DEMONSTRATION AND TRAINING .......................................................................
4 2 2 4 3 6 4 4 8 8 19 4 5 8 3 4 8 2 4
Division 2 – Site Work Section 1 – AMR Meter Reading System Section 2 ‐ Water Meter and Absolute Encoder Registers Section 3 ‐ Installation Exhibits Exhibit “A” – Meter Reading Cycle Map Exhibit “B” – Example Route Target Read Schedule Exhibit “C” – Construction Sign Exhibit “WSS‐1” – Standard Single Service Detail Exhibit “WDS‐2” ‐ Standard Double Service Detail with Irrigation and Subtract Meter Exhibit “WDS‐3” ‐ Standard Double Service Detail Exhibit “LM‐4” – Large Meter (1‐1/2 inch and 2‐inch) Detail Exhibit “PPR‐5” – Pavement Repair (Private Owned) Detail Exhibit ML‐6” – Meter Lid Replacement Detail Exhibit “D” – Example Standard 5/8” Meter Service Connection
Section 00011 Table of Contents
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ADVERTISEMENT FOR BIDS
Sealed bids will be received by the CAPE FEAR PUBLIC UTILITY AUTHORITY addressed to the Procurement Manager, 235 Government Center Drive, Wilmington, NC 28403 and marked Water Meter Replacement Program. Bids will be received until Thursday, December 5, 2013 at 11:00 am in the Engineering Conference Room of 235 Government Center Drive at which time they will be publically opened and read. This is a single prime contract. Pre-Bid Conference: A pre-bid conference will be held, and is mandatory. The Conference will be located in the IT Conference Room of 235 Government Center Drive on the 19th day of November 2013 at 10:00 am. There will be a non-mandatory site visit immediately following the Pre-Bid Conference. Pre-Qualified Contractors: The following Contractors have successfully met the requirements of the pre-qualification process and are the only Contractors that bids will be accepted from: 1. 2. 3. 4. 5.
Advanced Utility Services, LLC w/ SL-Serco Inc. Matchpoint, Inc. Utility Partners of America Vanguard Utility Services, Inc. XtraLight Manufacturring DBA Utility Metering Solutions
Approved AMR Manufactured Systems: The following meter technologies have successfully met the requirements of the pre-qualifications process and are the only approved AMR systems: 1. 2. 3. 4.
Neptune – R900 Itron – Choice Connect 100 Orion – ME/SE Sensus – 520M
Bid Opening: Bids must be in by Thursday, December 5, 2013 at 11:00 am in the Engineering Conference Room of 235 Government Center Drive. Bids must be received by Julia Vosnock, Procurement Manager or designee in the Engineering Conference Room. The official time will be by the clock in the Engineering Conference Room at 235 Government Center Drive and no late bids will be accepted. The Bidders are responsible for allowing time for traffic and parking prior to delivering the bids to the Engineering Conference Room. It is the bidder’s responsibility to ensure that the bids are received on time. Contract Documents: Plans and specifications relevant to the bid may be examined at the following locations: 1. Carolinas Plan Room: View online at www.carolinasplanroom.com, or visit any of their physical plan rooms, including McGee-CADD in Wilmington, Greenville, and Fayetteville, NC.
2. Carolinas AGC: View online at www.cagc.org on IBuild. 3. McGraw-Hill Construction / Dodge Plan Room: View online at http://dodge.construction.com. 4. Hispanic Contractors Association of the Carolinas: View in their plan room in Charlotte. Contact HCAC for more information: www.hcacarolinas.org, (877) 227-1680. 5. Construction Journal: View online at www.ConstructionJournal.com. Prospective bidders must register and obtain an official set of the relevant contract documents from Audrey Foster at
[email protected] (Bid Manager). To register, prospective bidders are required to provide contact information to Bid Manager. Bids received from bidders who cannot prove registration at Bid Opening will not be opened or considered. Bid Documents can be obtained by emailing Audrey Foster, at
[email protected] to receive the document via email. If the contractor cannot receive the document via email they must contact Audrey Foster at
[email protected] or 910-332-6472 to schedule a pick up from Cape Fear Public Utility Authority, 235 Government Center Drive, Wilmington, NC 28403. Bid Bond: A deposit is required with the submission of the bid. When a deposit is required, the bidder must submit with the bid cash or a certified check, drawn on a bank or trust company authorized to do business in the State of North Carolina, payable to Cape Fear Public Utility Authority, in an amount at least equal to five percent (5%) of the total amount of the bid, as a guarantee that a contract will be entered into and that satisfactory performance and payment bonds will be executed. In lieu of making the cash deposit above described, a satisfactory bid bond in the amount of five percent (5%) of the total bid, executed by a corporate surety licensed under the laws of the State of North Carolina to execute such bonds, shall be submitted with each bid, conditioned that the surety will upon demand forthwith make payment to the obligee upon said bond if the bidder fails to execute the contract in accordance with the bid bond. This deposit shall be retained if the successful bidder fails to execute the contract within ten (10) days after the award of the bid or fails to give satisfactory surety as required in North Carolina General Statutes Section 143-129. Each bidder must show evidence that it is licensed as a contractor under Chapter 87 of the North Carolina General Statutes. No bid may be withdrawn after bids have been opened, except as provided in the North Carolina General Statutes. The successful bidder will be required to furnish a construction performance bond and a construction payment bond as security in the amount of one hundred percent (100%) of the contract amount for the faithful performance and the payment of all bills and obligations arising from the performance of the Contract. If the bidder fails to complete and submit all requirements stated in this Advertisement for Bids and those further requirements stated in the Instruction to Bidders included with the relevant contract Section 00111 Advertisement for Bids Rev. 06/07/13
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documents, the Cape Fear Public Utility Authority may deem such failure nonresponsive and therefore a forfeiture of the bid. Cape Fear Public Utility Authority reserves the right to reject any and all bids. All inquiries concerning this bid shall be directed to CFPUA Purchasing Division by e-mail to
[email protected] and by phone 910-332-6472.
Section 00111 Advertisement for Bids Rev. 06/07/13
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INSTRUCTION TO BIDDERS
1.
DEFINED TERMS 1.01
Terms used in these Instructions to Bidders will have the meanings indicated in the General and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A.
2.
3.
COPIES OF BIDDING DOCUMENTS 2.01
Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office.
2.02
Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
2.03
Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.
QUALIFICATIONS OF BIDDERS 3.01
4.
Issuing Office: The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.
Bidder must hold a North Carolina General Contractor’s License with the specific classification and limitation stated on the bid form. Additional qualifications may be required and will be stated on the bid form. Failure to properly submit requested qualification documentation, including subcontractor’s qualification, shall be treated as a non-responsive bid, and may result in the Bid being rejected.
EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01
The Contractor is responsible for examining and carefully studying the Contract Documents, Drawings, Site, and all reports pertaining to supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, underground facilities, and hazards), and Bids shall include all considerations noted in these documents and found on Site.
4.02
On request, the Owner will provide the Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.
4.03
Any supplementary reports ordered and obtained for supplementary conditions related to this project, including examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, underground facilities, and hazards) shall be included in these Bidding Documents.
4.04
The Bidder shall notify the Owner and Engineer if it believes more examinations, investigations, explorations, tests, studies, or data concerning conditions (surface, subsurface, underground facilities, and hazards) are necessary for determination of its Bid for performance of the Work.
4.05
In some cases other work is being performed on the Site by Owner as a separate contract. On request, the Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions related to the price) for such other work.
4.06
It is the responsibility of each Bidder before submitting a Bid to: A.
Examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;
B.
Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, or performance of the Work;
C.
Become familiar and satisfy Bidder as to all Federal, State and local Laws and Regulations that may affect cost, progress, or performance of the Work;
D.
Carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been included in the Contract Documents, and (2) reports and drawings of
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Hazardous Environmental Conditions at the Site which have been included in the Contract Documents;
4.07
E.
Carefully study all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;
F.
Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times in accordance with the other terms and conditions of the Bidding Documents;
G.
Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.
H.
Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;
I.
Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and
J.
Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions of the performance of the Work.
The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement listed in this Section 4 of the Instruction to Bidders, that without exception the Bid is premised upon
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performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents. 5.
PRE-BID CONFERENCE 5.01
6.
INTERPRETATION OF ADDENDA 6.01
7.
Details and requirements for a pre-bid conference, if required, will be stated in the Advertisement for Bids.
All questions about the meaning or intent of the Bidding Documents are to be submitted to Purchasing in writing as detailed in the advertisement for bid. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
BID SECURITY 7.01
Details and requirements for a Bid security, if required, will be stated in the Advertisement for Bids.
7.02
The Bid security shall be issued by a surety meeting the requirements set forth in the General and Supplementary Conditions.
7.03
The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.
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7.04
8.
CONTRACT TIMES 8.01
9.
Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid opening.
The number of days within which, or dates by which, the Work is to be substantially complete and ready for final payment are set forth in the Agreement.
PREPARATION OF BID 9.01
The Bid shall be submitted on the Bid Form provided by CFPUA.
9.02
All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed and sealed in ink. Alterations to the Bid shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid Item listed therein, or the words “No Bid” or “Not Applicable” entered.
9.03
A Bid by a corporation shall be executed in the corporate name by the president or a vice president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporation’s business address and state of incorporation shall be provided on the Bid Form.
9.04
A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The business address of the partnership shall be provided on the Bid Form.
9.05
A Bid by a limited liability company shall be executed in the name of the limited liability company by a manager and accompanied by evidence of authority to sign. The state of formation of the limited liability company and the business address shall be provided on the Bid Form.
9.06
A Bid by an individual shall show the Bidder’s name and business address.
9.07
A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The business address of the joint venture shall be provided on the Bid Form.
9.08
All names shall be typed or printed in ink below the signatures.
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10.
9.09
The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers and dates of which shall be filled in on the Bid Form.
9.10
The Bid shall contain evidence of the Bidder’s authority and qualification to do business in the State of North Carolina prior to the award of the Contract.
9.11
The Bidder shall completely execute the Affidavit and Certificate of NonCollusion, Non-Suspension and Non-Conviction, and submit it with the Bid Form; otherwise, the Bid will be considered non-responsive.
9.12
Upon request by the Owner or Engineer, the Bidder shall provide evidence of previous work performed of similar nature and qualification to perform the Work in this Contract. Please see section 3.01 of the Instruction to Bidders.
9.13
Subcontractor’s shall be identified on the bid form on Table 6.02 Subcontractor Summary Table. Bidders shall list subcontractors as detailed in section 6.01 of the Bid Form. Failure to list the requested subcontractors shall result in the bid being ruled non-responsive and rejected.
BASIS OF BID; COMPARISON OF BIDS 10.01 When Unit Price is required on the Bid Form: A.
Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid Schedule.
B.
The total of all bid prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with the General and Supplementary Conditions.
C.
Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.
10.02 Both Unit and Lump Sum price(s): Discrepancies between the words and figures will be resolved in favor of the words. 11.
SUBMITTAL OF BID
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11.01 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security (if applicable) and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate opaque envelope plainly marked on the outside with the notation “BID ENCLOSED.” When using the mail or other delivery system, the Bidder is totally responsible for the mail or other delivery system delivering the Bid at the place and prior to the time indicated in the Advertisement for Bids. A mailed Bid shall be addressed as stated in the Advertisement for Bids. 12.
MODIFICATION OR WITHDRAWAL OF BID 12.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 12.02 Pursuant to North Carolina General Statutes Section 143-129.1, Owner shall allow a Bidder to withdraw its Bid from consideration without forfeiture of its Bid security if the Bidder can clearly show to the Owner by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the Bid that: (i) the price bid was based upon a mistake that constituted a substantial error, (ii) the Bid was submitted in good faith, (iii) the mistake was clerical in nature and not a judgment error, and (iv) the price bid was actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, apparatus, supplies, materials, equipment, or services made directly in the compilation of the Bid. To be considered valid, a request to withdraw a Bid must be made in writing and received by Owner within 72 hours of the Bid opening or prior to the award of the Contract, whichever occurs first. Thereafter, if the Work is rebid or negotiated, the withdrawn Bidder, its partners, and affiliates shall be disqualified from further bidding on the Work. Furthermore, the withdrawn Bidder shall be disqualified from supplying any material or labor to, or perform any subcontract on, the Work without prior written approval of the Owner.
13.
OPENING OF BIDS
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13.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and read aloud publicly, unless obviously non-responsive or is an informal bid, as stated on the Advertisement for Bids. An abstract of the amounts of the Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. 14.
BIDS TO REMAIN SUBJECT TO ACCEPTANCE 14.01 All Bids will remain valid and subject to acceptance for the period ninety (90) calendar days after the Bid opening.
15.
EVALUATION OF BIDS AND AWARD OF CONTRACT 15.01 The Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 15.03 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 15.04 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.
16.
CONTRACT SECURITY AND INSURANCE 16.01 Details and requirements for payment bonds and insurance are stated in the General and Supplementary Conditions.
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17.
SIGNING OF AGREEMENT 17.01 When the Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents with which are identified in the Agreement as attached thereto. Within ten (10) calendar days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner.
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Bidder’s Checklist
The following checklist shall be signed and submitted with the bid to indicate that all required documents have been completed in full and included with the bid. Read and Understand: o
All special notices
o
All addenda
o
Bid Form
o
Instructions to Bidders
o
General & Supplementary Conditions
Complete and Submit Bid Form o
Acknowledge the acceptance of all addenda ( Section 2.01)
o
Complete bid tabulation (Section 5)
o
Complete Subcontractor Summary Table and Sign (Section 6.02)
o
Complete bidding Contractor’s License number, expiration and include copy of Contractor’s License (Section 7.01)
o
Submit additional Qualifications when requested (Section 8.01)
o
Complete appropriate signature blocks (Section 9 & 6.02)
Execute and Submit E-Verify Affidavit Execute and Submit Affidavit and Certificate of Non-Collusion, Non-Suspension and NonConviction Enclose properly executed Bid Bond, if required Enclose entire Bid package in opaque envelope plainly marked with the Project title (and if applicable, the designated portion of the Project for which the Bid is submitted) and seal. o
If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate opaque envelope plainly marked on the outside with the notation “BID ENCLOSED”.
Bidder’s Signature:______________________________________ By signing, I acknowledge I have completed and enclosed all items indicated above.
Section 00212 Bidder’s Checklist Rev. 10/04/2013
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BID FORM
CFPUA Project Name:
WATER METER REPLACEMENT PROGRAM
Bid Opening Date/Time:
12/05/2013 11:00 AM Thursday
Bid Opening Location:
Engineering Conference Room
Bids may be submitted and received prior to the Bid opening at this location:
Cape Fear Public Utility Authority 235 Government Center Drive Wilmington, NC 28403
1.
2.
General 1.01
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to complete all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the Bidding Documents.
1.02
Terms contained in the Bidding Documents, including this Bid Form, have the same meaning as defined in the general and supplementary conditions made part of the Bidding Documents.
1.03
Bidder accepts all the terms and conditions of the Advertisement for Bid and Instruction to Bidders, including without limitation those dealing with the disposition of Bid Security. This bid will remain open and valid for ninety (90) calendar days after the day of the Bid opening. Bidder will sign the Agreement and submit insurance, bonding and other documents required by the Contract Documents within ten (10) calendar days from the date of Owner’s Notice of Award.
Project Expectations 2.01
In submitting this Bid, Bidder represents, as fully set forth in the Agreement, that: A.
Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.
3.
4.
Dated ___________________
No. _______________________
Dated ___________________
No. _______________________
Dated ___________________
No. _______________________
Dated ___________________
B.
The undersigned Bidder agrees that Bidder has carefully examined and become familiar with the expectations of the Work described in the Bidding Documents, and agrees that he/she has met the bidding responsibilities stated in Section 4 of the Instructions to Bidders.
C.
The undersigned bidder agrees that Bidder acknowledges that CFPUA makes no guarantees to the condition of the existing water meter services and that there shall not be any “unforeseen” conditions eligible for modifications in the contract scope or fee. Bidder shall include all ancillary repairs required for replacement of the water meters as prescribed in Technical Specification 3, Section 3.8. CFPUA makes no guarantees of material type for the salvage meters, meters potentially could be plastic or metal.
NON-COLLUSION, NON-SUSPENSION, AND NON-CONVICTION 3.01
Bidder represents that this Bid is genuine and is non-collusive.
3.02
Bidder further represents that he/she is not suspended or disbarred from bidding on this Work, and that Bidder has not been convicted of any charges or engaged in any unlawful act of trade in Federal or any state jurisdiction.
3.03
Bidder is fully aware that Bid is not considered responsive, if CFPUA’s Affidavit and Certificate of Non-Collusion, Non-Suspension and Non-Conviction is not properly executed and submitted with Bid Form.
CONTRACT TIMES 4.01
5.
No. _______________________
Bidder agrees to the contract times and liquidated damages stated in the Agreement made part of the Bidding Documents.
BID AMOUNT 5.01
Bidder agrees to perform all the work described in the Bidding Documents for the unit prices found in the Bid tabulation.
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Bid Tabulation Description Base Bid 1. 5/8” & 3/4” Meter Replacement
Quantity
Unit
5,120
EA
Unit Cost
Total
(All existing 5/8” & ¾” meters shall be replaced with new 5/8” meters) 2a. AMR System Transmitter (single port) 5,120 EA 2b.
3. 4. 5. 6. 7. 8. 9.
Or AMR System Transmitter (single port) 2,560 EA AMR System Transmitter (dual port) 1,280 EA (Contractor shall complete only item 2a or 2b, not both. This shall be dependent on whether the selected AMR System supports the incorporation of a “dual port” endpoint. For further description of the dual port endpoint please refer to Technical Specification 1, Section 1.10-C.3) Relocate or Replace Meter Box 300 EA Relocate or Replace Meter Box (Rigid Surface) 35 EA Replace Meter Setter 175 EA AMR System Handheld Receiver 4 EA AMR System Mobile Collector 4 EA AMR Read System Software & Billing System Integration 1 LS Salvage of Replaced Meters (Contractor)
5,120
EA
(
)
(
(Line Item 9 shall be in the form of a credit to the bid and entered as a negative value; It shall be a direct correlation to Item 1) 10. Residential Meter Sample Station EA 5 Sub-Total 11.
Mobilization (shall be limited to 3% of the SubTotal)
1
LS Base Bid Total
(Contractor shall write out the Base Bid Total in words) Pre-Qualified AMR System Selection – Contractor shall select only one AMR System and shall complete the name of the water meter make and model to be used for the base bid and for Alternate #2. Itron ChoiceConnect 100
Base Bid Meter Make and Model Selection
Neptune R900 Orion ME/SE Sensus 520M Section 00411 Bid Form Rev. 06/11/2013
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)
Alternate Bid Items A1a A1b A1c A1d
Alternate #1 1” Meter Replacement 1-1/2” Meter Replacement 2” Meter Replacement AMR System Transmitter (Single Port)
A2
Alternate #2 Alternate – Piston Meter
150 75 150 375
EA EA EA EA
5,120
EA
(The alternate price listed in Alternate #2 shall be a credit or deduction to line Item #1 from the base bid for substitution of a piston style meter as defined in the alternate description. The unit price listed shall not be for the entire cost of the meter, only for the difference between the alternate meter and the base bid meter) Alternate Meter Make and Model Selection
A3
Alternate #3 Salvage of Replaced Meters (CFPUA)
5,120
EA
(The alternate price listed in Alternate #3 shall be the “loss” of salvage value of the replaced meters submitted in the base bid line item 9. If accepted, this alternate shall replace base bid item 9 in its entirety.) Alternate #4 A4 5/8” & ¾” Meter Replacement 1793 EA (The alternate price listed in Alternate #4 is for non-cycle meter replacement, see Exhibit D.) A4 AMR System Transmitter (Single Port) 1793 EA A4 Duration Calendar Days
Bid Form Note: 1. The contractor shall refer to Technical Specification 3, Section 3.8 of the technical specifications for a detailed listing of the basis of payment for each item listed in the bid form. Bidder acknowledges by signing below all bid tabulation line items are understood.
Bidder Signature:___________________________________________
Section 00411 Bid Form Rev. 06/11/2013
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6.
SUBCONTRACTS 6.01
6.02
Bidder shall list the subcontractors they have selected to perform the specified work: Installation of Meters and Transmitters, Software/Data Intergration and the subcontractor’s NC license permitting them to perform this type of work (if applicable). Bidders shall only list one subcontractor for each work/service to be performed. Bidders are advised that they have been pre-qualified through a formal RFQ process, and any substantial variance from the team as presented in the bidder’s Statement of Qualifications may be grounds for the bid being deemed non-responsive.
Subcontractor Listing Subcontractor Name
Work/Service to be Performed
Amount to be Paid
Percentage of Total Bid
License Number (If applicable)
Installation of Meters and Transmitters Software/Data Integration
Bidder acknowledges by signing below that all subcontractors are listed above in 6.02 the Subcontractor Listing. A contractor whose bid is accepted shall not substitute any person as a subcontractor in the place of the subcontractor listed in the original bid unless approved by CFPUA with justification from the contractor. Failure to comply with these terms may result in the bid being rejected based on non-responsiveness. Bidder Signature:___________________________________________ 7. Bidder License 7.01
The bidder must have an Unlimited North Carolina Utility Contractor’s License to be qualified to perform the work associated with this bid. Bidder must list License number below.
Limitation: Unlimited Classification(s): Utility or Unclassified Section 00411 Bid Form Rev. 06/11/2013
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NC License Number:___________________ License Expiration Date:_________ 8. Bidder Qualifications 8.01
All bidders have been Prequalified.
9 BIDDER CONTACT 9.01
Communications concerning this Bid shall be sent to the Bidder at the following: Name: ___________________________________________________________ Address: _________________________________________________________ Phone: ___________________ Email: ________________________________
Bidder Signature If an Individual By: _______________________________________ Date: _____________________________ Printed Name: _________________________________________________________________ Doing business as: ______________________________________________________________ Business Address: ______________________________________________________________ Phone: _________________________________ Fax: _________________________________ If a Partnership Partnership: __________________________________________________________________ By: _______________________________________ Date: _____________________________ Printed Name: ______________________________ Title: _____________________________ Business Address: ______________________________________________________________ Phone: _________________________________ Fax: _________________________________ If a Corporation Corporation: __________________________________________________________________ Section 00411 Bid Form Rev. 06/11/2013
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By: _______________________________________ Date: _____________________________ Printed Name: ______________________________ Title: _____________________________ Business Address: ______________________________________________________________ Phone: _________________________________ Fax: _________________________________ If a Joint Venture (other party must complete below) Contractor: _____________________________ Contractor’s NC License No.: _____________ License Expiration Date: ________________ Type (Ind., Part., Corp.) / Name: ___________________________________________________ By: _______________________________________ Date: _____________________________ Printed Name: ______________________________ Title: _____________________________ Doing business as (if Individual): ___________________________________________________ Business Address: ______________________________________________________________ Phone: _________________________________ Fax: _________________________________
Section 00411 Bid Form Rev. 06/11/2013
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BID BOND
This Bond is executed on _______________________, 20____. CONTRACTOR (as PRINCIPAL)
SURETY
NAME: _________________________________
NAME: _________________________________
ADDRESS:
ADDRESS:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
OWNER (as CONTRACTING BODY)
BOND
CAPE FEAR PUBLIC UTILITY AUTHORITY
AMOUNT: $______________
ADDRESS: 235 Government Center Drive Wilmington, North Carolina 28403
_______________________________________ ________________________________ Dollars
KNOW ALL MEN BY THESE PRESENTS THAT we, the above named PRINCIPAL and above named SURETY, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto the Cape Fear Public Utility Authority, as CONTRACTING BODY, in the penal sum of the above stated dollar amount, BOND, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL is herewith submitting proposal for _______________________________ project, and the PRINCIPAL desires to file this bid bond in lieu of making the cash deposit as required by North Carolina G.S. 143-129. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the PRINCIPAL shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the PRINCIPAL, then this obligation shall be null and void; but if the PRINCIPAL fails to so execute such contract and give performance bond as required by North Carolina G.S. 143-129, the SURETY shall, upon demand, forthwith pay to the CONTRACTING BODY the amount set forth above as BOND. Provided further, that the bid may be withdrawn as provided by North Carolina G.S. 143-129.1. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
If additional signature required:
CONTRACTOR (as PRINCIPAL)
CONTRACTOR (as PRINCIPAL)
________________________________________
_________________________________________
BY: ____________________________________
BY: _____________________________________
PRINTED: _______________________________
PRINTED: ________________________________
TITLE: __________________________________
TITLE: ___________________________________
DATE: __________________________________
DATE: __________________________________
WITNESS TO PRINCIPAL
CONTRACTOR’S SEAL:
BY: ____________________________________ PRINTED: _______________________________ ADDRESS: ________________________________________ ________________________________________ SURETY ________________________________________ BY: ____________________________________ PRINTED: _______________________________
SURETY’S SEAL:
ADDRESS: ________________________________________ ________________________________________ PHONE #: _______________________________ WITNESS TO SURETY BY: ____________________________________ PRINTED: _______________________________ ADDRESS: ________________________________________ ________________________________________
Section 00431 Bid Bond
This Bid Bond is not official without a completed affidavit validating the surety agent’s authority and a Power of Attorney attached.
CFPUA Page | 2
AFFIDAVIT STATE OF: COUNTY OF:
___________________________________ being first duly sworn on oath deposes and says that s/he is ____________________________ (agent-in-fact or agent) of ___________________________________ (bonding company) surety on the attached Agreement on _____________________________________ executed by ______________________________________ (Contractor). Affiant further deposes and says that no officer, official, or employee of the Owner has any interest directly or indirectly, or is receiving any premium, commission fee, or other thing of value on account of the same or furnishing of the Bond, undertaking or Contract of Indemnity, Guaranty, Suretyship in connection with the above mentioned Agreement. Signed ________________________________ Subscribed and sworn to before me this ____ day of ___________________________, 20____.
___________________________________ Notary Public
My Commission Expires: ________________________
Section 00431 Bid Bond
CFPUA Page | 3
STATE OF NORTH CAROLINA
AFFIDAVIT
COUNTY OF NEW HANOVER **************************
I, ____________________________(the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows: 1.
Employer understands that E-Verify is the federal E-Verify program operated by the United States
Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2.
Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work
in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3.
Employer is a person, business entity, or other organization that transacts business in this State and that
employs 25 or more employees in this State. (mark Yes or No) a. YES _____, or b. NO _____ 4.
Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project
Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This ____ day of _______________, 2013.
Signature of Affiant Print or Type Name: _________________________
Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 2013. My Commission Expires: Notary Public
Section 00451.2 E-Verify Affidavit
(Affix Official/Notarial Seal)
State of North Carolina County of ___________________
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AFFIDAVIT AND CERTIFICATE OF NON-COLLUSION, NON-SUSPENSION AND NON-CONVICTION The undersigned, being first duly sworn, deposes and says: 1. I understand that for the purposes of this affidavit, the term "bidder" shall include the person(s), firm(s), or corporation(s) signing this affidavit, the undersigned's subcontractor(s), subsidiary(ies) and affiliate(s) and any officer, director, employee or agent of the bidder; and the term "conviction" shall include guilty pleas, pleadings of nolo contendere and similar pleas. 2. This Affidavit and Certificate is made in accordance with Article 3 of Chapter 133 of the North Carolina General Statutes; I certify that this proposal is made without prior understanding, agreement, or connection with any person(s), firm(s), or corporation(s) making bids or proposals; I further certify that the bidder has not entered into any agreement with any other bidder or prospective bidder or with any other person(s), firm(s) or corporation(s) relating to the price named in said proposal, nor any agreement or arrangement under which any person(s), firm(s) or corporation(s) is to refrain from bidding, nor any agreement or arrangement for any act or omission in restraint of free competition among bidders; I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards; and I further certify that the bidder will abide by all terms of this bid or proposal. 3. The bidder is not suspended or debarred from bidding by any federal or state governmental agency that is providing funds for this contract. 4. The bidder is not presently charged in an indictment or information with engaging in any conspiracy, combination, or other unlawful act in restraint of trade or any similar charges in any federal court or a court of this or any other state. 5. The bidder, within one year immediately preceding the date of this affidavit, has not been convicted of charges or engaging in any conspiracy, combination, or other unlawful act in restraint of trade or similar charges in any federal court or a court of this or any other state. 6. If, during the time of this proposal, from the date advertised to the date bids are opened, the bidder is indicted or convicted of bid-rigging, I understand this proposal shall be rejected and not considered for award. 7. I hereby affirm that all information contained in this affidavit is true, correct, accurate and complete, and any untrue, incorrect, inaccurate or incomplete statements will result in the disqualification and rejection of this proposal. I certify that I am authorized to sign this bid and to make the representations set forth herein on behalf of myself and the bidder.
Section 00451.9 Non-Collusion, Non-Suspension, & NonConviction Affidavit
CFPUA Page | 1
This the ______ day of _________________, 20___
COMPANY NAME __________________________________
BY: ______________________________________________ (Owner, Partner, or Corporate President, Vice President or Assistant Vice President only)
ATTEST:
__________________________________ (Secretary, Assistant Secretary, Cashier or Assistant Cashier only)
(CORPORATE SEAL)
Section 00451.9 Non-Collusion, Non-Suspension, & NonConviction Affidavit
CFPUA Page | 2
(TO BE EXECUTED ON BEHALF OF THE CONTRACTOR) STATE OF ____________________ COUNTY OF __________________ I, ___________________________________________, a Notary Public, certify that (Name)
___________________________________________________ personally came before me (Name of Secretary, Asst. Sec., Cashier, Asst. Cashier)
this day and acknowledged that he (she) is _______________________________________ (Secretary, Asst. Sec., Cashier, Asst. Cashier)
of ________________________________________________, a corporation, and that by (Name of Corporation)
authority duly given and as the act of the corporation, the foregoing Affidavit was signed in its name by its ________________________________________________, sealed with its corporate (President, Vice President, Asst. Vice President)
seal, and attest by himself (or herself) as its _____________________________________________. (Secretary, Asst. Sec., Cashier, Asst. Cashier)
WITNESS my hand and official seal, this the ______ day of __________________, 20____
________________________________________ Notary Public
My Commission Expires: ________________________ (SEAL)
Section 00451.9 Non-Collusion, Non-Suspension, & NonConviction Affidavit
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AGREEMENT FOR CONSTRUCTION SERVICES New Hanover County, State of North Carolina
14C0506 THIS AGREEMENT FOR CONSTRUCTION SERVICES (“Agreement”), made this the day of___________________, 2013, (the “Effective Date”) is an agreement by and between CAPE FEAR PUBLIC UTILITY AUTHORITY, a body politic and corporate organized under North Carolina General Statutes Chapter 162A and located in New Hanover County, North Carolina (hereinafter called OWNER) and , licensed as a contractor in the State of North Carolina (herein called CONTRACTOR). 1.
PURPOSE The OWNER hereby employs the CONTRACTOR to furnish all labor, materials, and equipment to perform all work (the “Work”) in a manner and form as specified by the attached plans, specifications, and/or documents consisting of, but not limited to: Advertisement, Instructions to Bidders, General and Supplementary Conditions, Technical Specifications, Proposal, Agreement, and Performance and Payment Bonds (collectively, the “Contract Documents”), which are incorporated as if fully set out, for the following: Water Meter Replacement Program
2.
ENGINEER The Project has been designed by CFPUA, who is referred to in the Contract Documents as ENGINEER. Engineer and its duly authorized agents are to act as OWNER’S representatives, 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.
3.
CONTRACT TIMES The CONTRACTOR shall commence Work to be performed under this Agreement within ten (10) consecutive calendar days of receipt of a Notice to Proceed from the OWNER. The Work shall be substantially complete within 180 consecutive calendar days of the Notice to Proceed, and final completion of all Work shall occur within 210 consecutive calendar days of the Notice to Proceed.
4.
LIQUIDATED DAMAGES The OWNER and CONTRACTOR recognize that time is of the essence of this Agreement. The CONTRACTOR agrees to pay, as liquidated damages, to the OWNER Five Hundred and 00/100 Dollars ($500.00) for each consecutive calendar day the Work extends beyond the total time allotted for substantial completion of all Work. OWNER shall have the right to deduct the liquidated damages from any payments, otherwise due, or to become due, to the CONTRACTOR, and to initiate applicable dispute resolution procedures to recover such liquidated damages to the extent they exceed amounts owed to the CONTRACTOR.
5.
CONTRACT PRICE & PAYMENT PROCEDURES The OWNER agrees to pay the CONTRACTOR for the faithful performance of this Agreement, subject to any additions or deductions as provided for in the Contract Documents, and in accordance with the prices as set forth, subject to any additions which may be due under the provisions for Change Orders in the General and Supplementary Conditions, Unit Prices and/or Lump Sum Price, as set forth in the Proposal, the total cost of Dollars ($ ). CONTRACTOR shall submit an Application for Payment for partial payment to the ENGINEER no later than the 30th day of every month, and shall expect a periodic payment for such Application for Payment from the OWNER by the last day of the following month, assuming the Application for Payment is complete and has been accepted by both the ENGINEER and OWNER. The Application for Payment shall include the value of materials on the job, but not installed. CONTRACTOR shall be paid per the terms identified in Technical Specification 3, Section 3.8. Until the Work is fifty percent (50%) complete based on gross invoices, five percent (5%) of each periodic payment due to CONTRACTOR shall be retained by OWNER. When the Work is fifty percent (50%) complete, OWNER shall, with written consent of the surety, not retain any further retainage from periodic payments due to the CONTRACTOR provided CONTRACTOR continues to satisfactorily perform the Work and any nonconforming Work identified as provided herein has been corrected by CONTRACTOR and accepted by OWNER. In the event the OWNER determines that CONTRACTOR’S performance of the Work is unsatisfactory, the OWNER may reinstate retainage from each subsequent periodic payment. The stored on-site materials shall follow the terms identified in Technical Specification 3, Section 3.8.
Section 00521 Construction Agreement Rev 10/09/2013
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Upon Substantial Completion, OWNER may release a portion of the retainage to CONTRACTOR, retaining at all times an amount sufficient to cover the cost of the Work remaining to be completed. Consent of the Surety shall be obtained before any retainage is paid by the OWNER. Consent of the Surety signed by an agent, must be accompanied by a certified copy of such agent’s authority to act for the Surety. Upon completion and acceptance of the Work and under the condition that there are no outstanding items preventing final payment as defined in the General and Supplementary Conditions, the OWNER shall pay the CONTRACTOR the final payment in accordance with North Carolina General Statutes Section 143-134.1. 6.
INTEREST Pursuant to North Carolina General Statutes Section 143-134.1, the balance due CONTRACTOR shall be paid in full within 45 days after the Work has been accepted by ENGINEER and OWNER or within 45 days after the facility may be fully occupied and used for the purposes for which it was constructed, whichever occurs first. Provided, however, that whenever ENGINEER determines that delay in completion of the Work in accordance with terms of the Contract Documents is the fault of the CONTRACTOR, the Work may be occupied and used for the purposes for which it was constructed without payment of any interest on amounts withheld past the 45 day limit. Should the 45 day limit pass with acceptance of the Work from the ENGINEER and OWNER, the CONTRACTOR shall be paid interest beginning with the 46th day, at a rate of 0.5% per month on such unpaid balance and as may be due. Where a conditional acceptance of Work exists, and where OWNER is retaining a reasonable sum pending correction of such conditions, interest on such reasonable sum shall not apply.
7.
PERFORMANCE BOND It is agreed that if, at any time after the execution of this Agreement and the surety bond, the OWNER shall deem the surety or sureties upon such bond to be unsatisfactory, or if for any reason such bond ceases to be adequate to cover the performance of the Work, the CONTRACTOR shall, at its expense, within five (5) days after receipt of notice from the OWNER to do so, furnish an additional bond or bonds in such form and amount, and with such surety, or sureties, as shall be satisfactory to the OWNER.
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8.
INSURANCE The CONTRACTOR shall take out and maintain, during the term of this Agreement, all insurance required by the General and Supplementary Conditions, and shall, at the execution of this Agreement, attach to each of the counterparts thereof documentary proof of compliance in the form of a certificate from its insurer, stating the amount, policy numbers, and kinds of insurance carried. The contractor shall provide that the insurance contributing to satisfaction of insurance requirements in the Supplementary Conditions, Section SC-5. Minimum Scope and Insurance Requirements shall not be canceled, terminated or modified by the contractor without prior written approval of CFPUA; Contractor shall provide immediate notice to CFPUA (by letter) if any policy required by this contract is canceled or non-renewed.
9.
WARRANTY A.
The CONTRACTOR shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship, or negligence for a period of twelve (12) months following the date of final acceptance of the Work or beneficial occupancy and shall replace such defective materials or workmanship without cost to OWNER. Any work provided subject to the standards and regulations of the City of Wilmington shall be subject to any required warranty provisions identified in those standards. The warranty period shall be designated on a cycle by cycle basis and shall commence from the final acceptance of said cycle.
B.
Where items of equipment or material carry a manufacturer’s warranty for any period in excess of twelve (12) months, then the manufacturer’s warranty shall apply for that particular piece of equipment or material. The CONTRACTOR shall replace such defective equipment or materials, without cost to OWNER, within the manufacturer’s warranty period.
C.
Additionally, OWNER may bring an action for latent defects caused by the negligence of the CONTRACTOR, which are hidden or not readily apparent to OWNER at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law.
10.
RESERVED
11.
CONTRACTOR’S ACKNOWLEDGMENTS The CONTRACTOR acknowledges, represents, and warrants the following:
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A.
CONTRACTOR has examined and carefully studied the Contract Documents and other related data identified in the Bidding Documents.
B.
CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
C.
CONTRACTOR is familiar with and is satisfied as to all Federal, State, and Local laws and regulations that may affect cost, progress, and performance of Work.
D.
CONTRACTOR has carefully studied all provided reports on supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, underground facilities, and hazards).
E.
CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, and data are necessary for the performance of the Work at the Contract Price and within the Contract Time, and in accordance with the terms and conditions of the Contract Documents.
F.
CONTRACTOR has given written notice to the ENGINEER of all conflicts, errors, ambiguities, or discrepancies that the CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
G.
The Bid, for which this Agreement is based, is genuine and not made in the interest of or on the behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation. Also, CONTRACTOR has not sought by collusion any advantage over any other Bidder or over OWNER.
H.
CONTRACTOR acknowledges that CFPUA makes no guarantees to the condition of the existing water meter services and that there shall not be any “unforeseen” conditions eligible for modifications in the contract scope or fee. CONTRACTOR shall include all ancillary repairs required for replacement of the water meters as prescribed in Technical Specification 3, Section 3.8. CFPUA makes no guarantees of material type for the salvage meters, meters potentially could be plastic or metal.
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12. ASSIGNMENT OF AGREEMENT It is mutually agreed by the parties hereto that this Agreement may not be assigned by CONTRACTOR without the prior written consent of the OWNER. 13.
SUBCONTRACTS The CONTRACTOR shall utilize no subcontracts for carrying out the services to be performed under this Agreement without written approval from the OWNER.
14.
BINDING EFFECT & CONTINUING OBLIGATION This Agreement shall be binding upon the heirs, successors, assigns, agents, officials, employees, independent contractors, and subcontractors of the parties. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of the Agreement.
15.
AMENDMENTS This Agreement shall not be modified or otherwise amended except in writing signed by both parties to this Agreement.
16.
CONTRACT DOCUMENTS AS PART OF THIS AGREEMENT The following are included in the Contract Documents as part of this Agreement: A.
This Agreement
B.
Performance and Payment Bonds
C.
EJCDC Standard General Conditions of the Construction Contract copyrighted 2007
D.
Cape Fear Public Utility Authority Supplementary Conditions
E.
Technical Specifications as indicated in the Table of Contents and included with the bid documents.
F.
Drawings as indicated in the Table of Contents and included with the bid documents.
G.
Total project addenda distributed before Bid Opening:
H.
Exhibits to this Agreement:
Section 00521 Construction Agreement Rev 10/09/2013
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I.
1.
Bid form with CONTRACTOR’S bid
2.
Notice to Proceed
3.
Documentation submitted by CONTRACTOR prior to Notice of Award (list)
Documents established after the Effective Date of this Agreement, which are not attached hereto: 1.
Written Amendments
2.
Work Change Directives
3.
Change Orders
There are no Contract Documents other than those listed above in this section. The Contract Documents may only be amended, modified, or supplemented as stated in the General and Supplementary Conditions. To the extent the terms of this Agreement conflict with any terms or conditions of any other Contract Document, the terms and conditions contained herein shall control.
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IN WITNESS WHEREOF, the OWNER has caused this Agreement to be duly executed in its name and behalf and the CONTRACTOR has caused this Agreement to be duly executed in its name and behalf and its corporate seal to be hereunto affixed, and attested to. This Agreement will be effective on ____________________________________
CONTRACTOR
CONTRACTOR’S SEAL:
_____________________________________ ADDRESS: _____________________________________ _____________________________________
ATTEST:
BY: _________________________________
BY: _________________________________
PRINTED: ____________________________
PRINTED: ____________________________
TITLE: _______________________________
TITLE: _______________________________
CONTRACTOR’S LICENSE NO.: ____________ EXPIRATION DATE: ____________________
STATE OF ____________________________ COUNTY OF __________________________ I, _____________________________, a Notary Public, certify that the corporation’s Secretary, Assistant Secretary, or Trust Officer, Mr./Mrs./Ms. ___________________________________ personally
came
before
me
this
day
and
acknowledged
that
s/he
is
the
______________________ of ____________________________, a corporation, and that by authority duly given and as act of the corporation, the foregoing instrument was signed in its Section 00521 Construction Agreement Rev 10/09/2013
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name by its President, Vice President, or Assistant Vice President, Mr./Mrs./Ms. ________________________________, sealed with its Corporate Seal, and attested by him/herself as its Secretary, Assistant Secretary, or Trust Officer. WITNESS my hand and official seal this the ______ day of _______________________, 20 ____. ______________________________ Notary Public My commission expires: ________________
OWNER CAPE FEAR PUBLIC UTILITY AUTHORITY
SEAL:
235 Government Center Drive Wilmington, North Carolina 28403 BY: _____________________________ Jim Flechtner Interim Executive Director
ATTEST: _____________________________ Donna S. Pope Clerk to the Board
NORTH CAROLINA NEW HANOVER COUNTY I, ____________________________ the undersigned Notary Public do hereby certify that Donna S. Pope personally came before me this date and acknowledged that she is the Clerk to the Board of Cape Fear Public Utility Authority, Wilmington, North Carolina, and that, by authority duly given and the act of the Board, the foregoing document was signed in its name by its Chief Executive Officer, sealed with its corporate seal, and attested by herself as its Clerk. WITNESS my hand and official seal this the ______ day of _______________________, 20 ____. ______________________________ Section 00521 Construction Agreement Rev 10/09/2013
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Notary Public My commission expires: ________________
AUTHORITY ATTORNEY’S CERTIFICATION This instrument has been reviewed and is approved as to form this the ______ day of __________________________, 20____. ________________________________ Linda Miles Consulting Attorney to the Board
AUTHORITY ACCOUNTANT’S CERTIFICATION This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act this the ______ day of __________________________, 20____. ________________________________ Cheryl J. Spivey Chief Financial Officer
Section 00521 Construction Agreement Rev 10/09/2013
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PERFORMANCE BOND
This Bond is executed on _______________________, 20____. CONTRACTOR (as PRINCIPAL)
SURETY
NAME: _________________________________
NAME: _________________________________
ADDRESS:
ADDRESS:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
OWNER (as CONTRACTING BODY)
BOND
CAPE FEAR PUBLIC UTILITY AUTHORITY
AMOUNT: $______________
ADDRESS: 235 Government Center Drive Wilmington, North Carolina 28403
_______________________________________ ________________________________ Dollars
KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above named CONTRACTING BODY in the penal sum of the amount stated above in the lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the PRINCIPAL entered into a certain Agreement with the CONTRACTING BODY, dated _____________________, 20____ for work described by Plans and Specifications prepared by ___________________________ herein called and referred to as the ENGINEER, a copy of said Agreement is hereto attached and made a part hereof for the construction of Project: ______________________________________________________________________________ NOW THEREFORE, if the PRINCIPAL shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement during the original term of said Agreement and any extensions thereof that may be granted by the Contracting Body, with or without notice to the SURETY, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications to the SURETY being hereby waived, then this obligation is to be void; otherwise, it shall remain in full force and virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. If additional signature required:
CONTRACTOR (as PRINCIPAL)
CONTRACTOR (as PRINCIPAL)
________________________________________
_________________________________________
BY: ____________________________________
BY: _____________________________________
PRINTED: _______________________________
PRINTED: ________________________________
TITLE: __________________________________
TITLE: ___________________________________
DATE: __________________________________
DATE: __________________________________
WITNESS TO PRINCIPAL
CONTRACTOR’S SEAL:
BY: ____________________________________ PRINTED: _______________________________ ADDRESS: ________________________________________ ________________________________________ SURETY ________________________________________ BY: ____________________________________ PRINTED: _______________________________
SURETY’S SEAL:
ADDRESS: ________________________________________ ________________________________________ PHONE #: _______________________________ WITNESS TO SURETY BY: ____________________________________ PRINTED: _______________________________ ADDRESS: ________________________________________ ________________________________________ Section 00611.1 Performance Bond
This Performance Bond is not official without a completed affidavit validating the surety agent’s authority and a Power of Attorney attached. NOTE: Date of Bond must not be prior to date of Agreement
CFPUA Page | 2
AFFIDAVIT STATE OF: COUNTY OF:
___________________________________ being first duly sworn on oath deposes and says that s/he is ____________________________ (agent-in-fact or agent) of ___________________________________ (bonding company) surety on the attached Agreement on _____________________________________ executed by ______________________________________ (Contractor). Affiant further deposes and says that no officer, official, or employee of the Owner has any interest directly or indirectly, or is receiving any premium, commission fee, or other thing of value on account of the same or furnishing of the Bond, undertaking or Contract of Indemnity, Guaranty, Suretyship in connection with the above mentioned Agreement. Signed ________________________________ Subscribed and sworn to before me this ____ day of ___________________________, 20____.
___________________________________ Notary Public
My Commission Expires: ________________________
Section 00611.1 Performance Bond
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PAYMENT BOND
This Bond is executed on _______________________, 20____. CONTRACTOR (as PRINCIPAL)
SURETY
NAME: _________________________________
NAME: _________________________________
ADDRESS:
ADDRESS:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
OWNER (as CONTRACTING BODY)
BOND
CAPE FEAR PUBLIC UTILITY AUTHORITY
AMOUNT: $______________
ADDRESS: 235 Government Center Drive Wilmington, North Carolina 28403
_______________________________________ ________________________________ Dollars
KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above named CONTRACTING BODY in the penal sum of the amount stated above in the lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the PRINCIPAL entered into a certain Agreement with the CONTRACTING BODY, dated _____________________, 20____ for work described by Plans and Specifications prepared by ___________________________ herein called and referred to as the ENGINEER, a copy of said Agreement is hereto attached and made a part hereof for the construction of Project: ______________________________________________________________________________ NOW THEREFORE, if the PRINCIPAL shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said Agreement, and any and all duly authorized modifications of said Agreement that may hereafter be made, notice of which modifications to the SURETY being hereby waived, then this obligation is to be void; otherwise, it shall remain in full force and virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. If additional signature required:
CONTRACTOR (as PRINCIPAL)
CONTRACTOR (as PRINCIPAL)
________________________________________
_________________________________________
BY: ____________________________________
BY: _____________________________________
PRINTED: _______________________________
PRINTED: ________________________________
TITLE: __________________________________
TITLE: ___________________________________
DATE: __________________________________
DATE: __________________________________
WITNESS TO PRINCIPAL
CONTRACTOR’S SEAL:
BY: ____________________________________ PRINTED: _______________________________ ADDRESS: ________________________________________ ________________________________________ SURETY ________________________________________ BY: ____________________________________ PRINTED: _______________________________
SURETY’S SEAL:
ADDRESS: ________________________________________ ________________________________________ PHONE #: _______________________________ WITNESS TO SURETY BY: ____________________________________ PRINTED: _______________________________ ADDRESS: ________________________________________ ________________________________________ Section 00611.2 Payment Bond
This Payment Bond is not official without a completed affidavit validating the surety agent’s authority and a Power of Attorney attached. NOTE: Date of Bond must not be prior to date of Agreement
CFPUA Page | 2
AFFIDAVIT STATE OF: COUNTY OF:
___________________________________ being first duly sworn on oath deposes and says that s/he is ____________________________ (agent-in-fact or agent) of ___________________________________ (bonding company) surety on the attached Agreement on _____________________________________ executed by ______________________________________ (Contractor). Affiant further deposes and says that no officer, official, or employee of the Owner has any interest directly or indirectly, or is receiving any premium, commission fee, or other thing of value on account of the same or furnishing of the Bond, undertaking or Contract of Indemnity, Guaranty, Suretyship in connection with the above mentioned Agreement. Signed ________________________________ Subscribed and sworn to before me this ____ day of ___________________________, 20____.
___________________________________ Notary Public
My Commission Expires: ________________________
Section 00611.2 Payment Bond
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Attach Required Insurance Documents Here (Including Endorsements)
Section 00611.3 Insurance Attachment
CFPUA Page | 1
TO:
Participating Consultants and Contractors Associated with Cape Fear Public Utility Authority Related Projects
FROM:
Jamie Grimes, Fiscal Contract Account Manager
RE: Required Documents for Monthly Estimates and Project Close Outs ______________________________________________________________________________ The following items are required for monthly payment requests on contracts: Three (3) copies of Estimate/Invoice; One (1) Original and two (2) copies Two (2) copies of Sales Tax Report (Attachment “A”) One (1) copy of Material Inventory Statement, when applicable (Attachment “B”) One (1) copy of Paid Invoices for all materials for which payment is being requested; Two (2) copies of Certified Payrolls (when federal monies are involved); One (1) copy of MBE/DBE Certification for each MBE/DBE Subcontractor on project (Attachment “C”). The following items are required prior to a project close out and from an administrative standpoint.* One (1) copy of Contractor’s Affidavit of Payment of Debts and Claims and release or Waiver of liens form (Attachment “D”); One (1) copy of Subcontractors’ Release or Waiver of Liens form (Attachment “E”); One copy of Contractor’s Assignment of all Warranties and Guarantees form (Attachment “F”); One (1) copy of Consent of Surety Company to Final Payment form (Attachment “G”). * The Project Engineer, and Consultant may require additional items to be submitted and finalized prior to release of final payment.
Section 00627 Application for Payment Forms
235 Government Center Drive, Wilmington, NC 28403 t: 910-332-6560 f: 910-332-6353
www.cfpua.org
WILMINGTON, NORTH CAROLINA
SALES TAX REPORT CAPE FEAR PUBLIC UTILITY AUTHORITY
I HEREBY CERTIFY TAXES LISTED WERE PAID AS SALES TAX OR WILL BE PAID AS USE TAX ON THE PURCHASES LISTED.
PROJECT: CONTRACTOR: FOR PERIOD:
ITEM
VENDOR
CITY
-A-
TO INVOICE
DATE
TAXABLE AMOUNT
NC TAX (4.75%)
NHC TAX (2.00%)
*OTHER COUNTIES
COUNTY
SHEET TOTALS: (This sheet plus previous sheets being submitted) GRAND TOTALS: * Tax amount if being paid to a county different from New Hanover and the tax rate is different. You must note the tax percentage being paid next to the county in the COUNTY column.
AND THESE PURCHASES WERE FOR THE COST OF BUILDING MATERIALS, SUPPLIES, FIXTURES, AND/OR EQUIPMENT THAT BECAME PART OF, OR ANNEXED TO ANY BUILDING OR STRUCTURE BEING ERECTED, ALTERED, OR REPAIRED, UNDER THE ABOVE REFERENCED CONTRACT WITH THE CAPE FEAR PUBLIC UTILITY AUTHORITY. SIGNED: __________________________________ DATE: __________
PRINT: _________________________________ TITLE: ______________________________
-BCFPUA MATERIAL INVENTORY STATEMENT
PROJECT:
DATE:
CONTRACTOR:
DESCRIPTION
TOTAL
ON HAND PREVIOUS ESTIMATE
DELIVERED THIS MONTH
INCORP. IN WORK
ON HAND THIS ESTIMATE
UNIT PRICE
TOTAL DUE
-C-
CONTRACTOR PAYMENT TO MBE/DBE FIRMS 1
CONTRACT NAME
2
CONTRACTOR’S NAME
3
SUB-CONTRACTOR’S NAME
4
SUB-CONTRACTOR’S ADDRESS
5
SUB-CONTRACTOR’S PHONE NUMBER
6
Date of this Month’s Payment to Subcontractor
7
Original Total Dollar Amount of Sub-contract Work
$
.
8
Change Orders to Date
$
.
9
Sub-contract Total Dollar Amount to Date
$
.
10 Total Dollar Amount Paid to Sub-contractor to Date
$
.
11 Amount Paid to Sub-contractor this Month
$
.
12 Outstanding balance to be paid to Sub-contractor
$
.
Add or (Deduct)
I hereby certify that the amount indicated in Number 11 has been or will be paid to the indicated MBE/DBE firm. I further certify that the amount indicated in Number 10 has been or will be paid to the indicated MBE/DBE firm. Signed (Contactor):
Date:
I hereby certify that I have received the amount indicated in Number 10, and that I am in agreement concerning that payment amount indicated in Number 10. Signed (MBE/DBE Firm):
Date:
This must be signed by the MBE/DBE firm before payment to the Prime Contractor can be processed.
CFPUA v0809
CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS AND RELEASE OF LIENS To:
-D-
Cape Fear Public Utility Authority 235 Government Center Drive Wilmington, N.C. 28403
Project of Contract No. : ____________ Contract Date: ___________
Attn: ______________________ Project (Name and Address): ________________________________________________________________
STATE OF: ___________________ COUNTY OF: _________________ The undersigned, pursuant to the General and Supplementary Conditions, Articles 14.07 and SC-14.07of the Contract for construction of ________________________________________, hereby certifies that, he has paid in full or otherwise has satisfied or will satisfy all obligations for all materials and equipment furnished, for all work, labor and services performed, and for all known indebtedness and claims against the contractor for damages arising in any manner in connection with the performance of the contract referenced above for which the owner or his property might in any way be held responsible. In addition, the undersigned further certifies that to the best his knowledge, information and belief, the Releases or Waivers of Liens attached hereto include the contractor, all subcontractors, all suppliers of materials and equipment, and all performers of work, labor or services who have or may have any claims against the owner arising in any manner out of the performance of the contract referenced above. IN WITNESS WHEREOF, the undersigned has hereto set his hand and seal this ____day of __________________, 20____. CONTRACTOR: ________________________
SEAL:
Address: _______________________________ _______________________________
ATTEST:
By: ___________________________________ Printed: _______________________________ Title: _________________________________
By: ______________________________ Printed: ___________________________ Title: _____________________________
Sworn and subscribed to before me this ____day of _________________, 20____.
________________________________________ Notary Public
(Seal)
My Commission Expires____________________
SUBCONTRACTOR’S RELEASE OR WAIVER OF LIENS
-E-
To: _____________________________(Contractor) _____________________________ _____________________________
AND Cape Fear Public Utility Authority 235 Government Center Drive Wilmington, N.C. 28403 Attn: ______________________
Project of Contract No. : _____________ Contract Date: _____________ Project (Name and Address): ________________________________________________________________
STATE OF: _________________ COUNTY OF: _______________ The undersigned subcontractor, hereby acknowledges and certifies that he has received full payment for all work, labor, skill and material furnished, delivered, supplied or performed in connection with the contract referenced above to and for ________________________________________ (contractor’s name), the general contractor, or anyone in any manner in connection with the contract referenced above; and for value received hereby waives all rights and liens which the undersigned may now or hereafter claim or assert for all or any work, labor, skill or materials furnished, delivered or performed in connection with the contract referenced above, against said contractor, the city, or any natural person or against said improvement, land or buildings thereof and appurtenances thereof. The undersigned, in consideration of the payment acknowledged herein, affirms that all work, labor and material, furnished, delivered or performed to or for said contract referenced above was furnished, or performed to or for said contract referenced above was furnished, delivered or performed by the undersigned, or his agent, employees and servants or by and through the undersigned by the following subcontractor(s) or material men or their agent(s), employee(s) and servant(s), to wit:_______________________________________; and further affirms that the attached receipts and releases represent payment in full, and release in full of all and any hitherto existing or possible future mechanics liens or rights in connection with the above referenced contract. IN WITNESS WHEREOF, the undersigned has hereto set his hand and seal this ____day of __________________, 20____. SUBCONTRACTOR: ________________________
SEAL:
Address: _______________________________ _______________________________
ATTEST:
By: ___________________________________ Printed: _______________________________ Title: _________________________________
By: ______________________________ Printed: ___________________________ Title: _____________________________
Sworn and subscribed to before me this ____day of _________________, 20____.
________________________________________ Notary Public
(Seal)
My Commission Expires____________________
CONTRACTOR’S ASSIGNMENT OF ALL WARRANTIES AND GUARANTEES To:
Cape Fear Public Utility Authority 235 Government Center Drive Wilmington, N.C. 28403
-F-
Project of Contract No. : ____________ Contract Date: ___________
Attn: ______________________ Project (Name and Address): ________________________________________________________________
STATE OF: _____________________ COUNTY OF: ___________________ The undersigned, pursuant to the General and Supplementary Conditions, Articles 6.19 and SC-6.19 of the Contract for the construction of ____________________________________________and in consideration for the sums stated therein, the receipt of which is hereby acknowledged, do hereby assign, transfer, bargain and convey unto the Cape Fear Public Utility Authority all its rights, title and interest in and to all warranties, express or implied, covering warranting, applying or pertaining to all goods, equipment, and materials of whatsoever kind, furnished, delivered or used for or in said contract referenced above. Also, the undersigned does hereby certify that to the best of his knowledge, information and belief that the warranties attached hereto include all warranties of the contractors, and all subcontractors. And all suppliers of materials and equipment furnished, delivered or used for or in said contract referenced above. IN TESTIMONY WHEREOF, said contractor or subcontractor has hereunto set his hand and seal this ____day of ______________________, 20____. CONTRACTOR: ________________________
SEAL:
Address: _______________________________ _______________________________
ATTEST:
By: ___________________________________ Printed: _______________________________ Title: _________________________________
By: ______________________________ Printed: ___________________________ Title: _____________________________
Sworn and subscribed to before me this ____day of _________________, 20____.
________________________________________ Notary Public
(Seal)
My Commission Expires____________________
CONSENT OF SURETY COMPANY TO FINAL PAYMENT To:
-G-
Cape Fear Public Utility Authority 235 Government Center Drive Wilmington, N.C. 28403
Project of Contract No. : ____________ Contract Date: ___________
Attn: ______________________ Project (Name and Address): ________________________________________________________________
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the___________________________________________________ (Surety Company Name and Address) as Surety Company on bond of ______________________________________(Contractor Name and Address), Contractor, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to the Cape Fear Public Utility Authority as set forth in said Surety Company’s Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this ____day of ________________, 20____. SURETY COMPANY: ________________________
SEAL:
Address: _______________________________ _______________________________ To be signed by an Authorized Agent:
ATTEST:
By: ___________________________________ Printed: _______________________________ Title: _________________________________
By: ______________________________ Printed: ___________________________ Title: _____________________________
Sworn and subscribed to before me this ____day of _________________, 20____.
________________________________________ Notary Public
(Seal)
My Commission Expires____________________
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by
AMERICAN COUNCIL OF ENGINEERING COMPANIES ______________________ ASSOCIATED GENERAL CONTRACTORS OF AMERICA ______________________ AMERICAN SOCIETY OF CIVIL ENGINEERS _______________________ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Endorsed by
CONSTRUCTION SPECIFICATIONS INSTITUTE
EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Section 00720
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition).
Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org
The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE.
EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Section 00720
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 6 2.02 Copies of Documents .................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed............................................................... 6 2.04 Starting the Work .......................................................................................................................... 7 2.05 Before Starting Construction ........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules .................................................................................................... 7 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent .............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents ................................................................... 9 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data ............................................................................................................................ 10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands................................................................................................................... 11 4.02 Subsurface and Physical Conditions ........................................................................................... 11 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ................................................................................................................ 13 4.05 Reference Points.......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bonds and Insurance ...................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds ................................................................................... 16 5.02 Licensed Sureties and Insurers .................................................................................................... 16 5.03 Certificates of Insurance ............................................................................................................. 17 5.04 Contractor’s Insurance ................................................................................................................ 17 5.05 Owner’s Liability Insurance ........................................................................................................ 19 5.06 Property Insurance....................................................................................................................... 19 5.07 Waiver of Rights ......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ......................................................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i
5.09 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer.......................................................... 22 Article 6 – Contractor’s Responsibilities ........................................................................................................ 22 6.01 Supervision and Superintendence ............................................................................................... 22 6.02 Labor; Working Hours ................................................................................................................ 22 6.03 Services, Materials, and Equipment ........................................................................................... 22 6.04 Progress Schedule ....................................................................................................................... 23 6.05 Substitutes and “Or-Equals” ....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 25 6.07 Patent Fees and Royalties ........................................................................................................... 27 6.08 Permits ......................................................................................................................................... 27 6.09 Laws and Regulations ................................................................................................................. 28 6.10 Taxes ........................................................................................................................................... 28 6.11 Use of Site and Other Areas........................................................................................................ 28 6.12 Record Documents ...................................................................................................................... 29 6.13 Safety and Protection .................................................................................................................. 29 6.14 Safety Representative .................................................................................................................. 30 6.15 Hazard Communication Programs.............................................................................................. 30 6.16 Emergencies ................................................................................................................................ 30 6.17 Shop Drawings and Samples ...................................................................................................... 31 6.18 Continuing the Work................................................................................................................... 32 6.19 Contractor’s General Warranty and Guarantee .......................................................................... 33 6.20 Indemnification ........................................................................................................................... 33 6.21 Delegation of Professional Design Services ............................................................................... 34 Article 7 – Other Work at the Site ................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................ 35 7.03 Legal Relationships ..................................................................................................................... 36 Article 8 – Owner’s Responsibilities ............................................................................................................... 36 8.01 Communications to Contractor ................................................................................................... 36 8.02 Replacement of Engineer ............................................................................................................ 36 8.03 Furnish Data ................................................................................................................................ 36 8.04 Pay When Due............................................................................................................................. 36 8.05 Lands and Easements; Reports and Tests ................................................................................... 36 8.06 Insurance...................................................................................................................................... 36 8.07 Change Orders ............................................................................................................................. 37 8.08 Inspections, Tests, and Approvals .............................................................................................. 37 8.09 Limitations on Owner’s Responsibilities ................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.11 Evidence of Financial Arrangements.......................................................................................... 37 8.12 Compliance with Safety Program ............................................................................................... 37 Article 9 – Engineer’s Status During Construction......................................................................................... 37 9.01 Owner’s Representative .............................................................................................................. 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii
9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 9.10
Visits to Site ................................................................................................................................ 37 Project Representative................................................................................................................. 38 Authorized Variations in Work .................................................................................................. 38 Rejecting Defective Work........................................................................................................... 38 Shop Drawings, Change Orders and Payments .......................................................................... 39 Determinations for Unit Price Work .......................................................................................... 39 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 39 Limitations on Engineer’s Authority and Responsibilities ........................................................ 39 Compliance with Safety Program ............................................................................................... 40
Article 10 – Changes in the Work; Claims ..................................................................................................... 40 10.01 Authorized Changes in the Work ............................................................................................... 40 10.02 Unauthorized Changes in the Work............................................................................................ 41 10.03 Execution of Change Orders ....................................................................................................... 41 10.04 Notification to Surety .................................................................................................................. 41 10.05 Claims.......................................................................................................................................... 41 Article 11 – Cost of the Work; Allowances; Unit Price Work ....................................................................... 42 11.01 Cost of the Work ......................................................................................................................... 42 11.02 Allowances .................................................................................................................................. 45 11.03 Unit Price Work .......................................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Times ............................................................... 46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Contract Times .......................................................................................................... 47 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 48 13.01 Notice of Defects......................................................................................................................... 48 13.02 Access to Work ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 49 13.04 Uncovering Work ........................................................................................................................ 49 13.05 Owner May Stop the Work ......................................................................................................... 50 13.06 Correction or Removal of Defective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work ................................................................................................... 51 13.09 Owner May Correct Defective Work ......................................................................................... 52 Article 14 – Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title.................................................................................................... 55 14.04 Substantial Completion ............................................................................................................... 55 14.05 Partial Utilization ........................................................................................................................ 56 14.06 Final Inspection ........................................................................................................................... 57 14.07 Final Payment .............................................................................................................................. 57 14.08 Final Completion Delayed .......................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii
14.09 Waiver of Claims ........................................................................................................................ 58 Article 15 – Suspension of Work and Termination ........................................................................................ 59 15.01 Owner May Suspend Work......................................................................................................... 59 15.02 Owner May Terminate for Cause ............................................................................................... 59 15.03 Owner May Terminate For Convenience ................................................................................... 60 15.04 Contractor May Stop Work or Terminate................................................................................... 60 Article 16 – Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 Article 17 – Miscellaneous .............................................................................................................................. 61 17.01 Giving Notice .............................................................................................................................. 61 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 62 17.05 Controlling Law .......................................................................................................................... 62 17.06 Headings ...................................................................................................................................... 62
EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01
Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.
EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62
12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62
27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.
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40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62
addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02
Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62
E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01
Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5.
2.02
Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction.
2.03
Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62
2.04
Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run.
2.05
Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.
2.06
Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
2.07
Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62
Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01
Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9.
3.02
Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.
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3.03
Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
3.04
Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62
1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05
Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.
3.06
Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator.
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ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01
Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.
4.02
Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62
4.03
Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62
contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04
Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62
consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05
Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.
4.06
Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62
H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01
Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02.
5.02
Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62
meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03
Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents.
5.04
Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained:
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a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62
5.05
Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.
5.06
Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62
members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07
Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62
1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08
Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties.
5.09
Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62
interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10
Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy.
ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01
Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.
6.02
Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer.
6.03
Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04
Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order.
6.05
Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62
c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06
Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62
required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62
Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07
Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.
6.08
Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work.
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6.09
Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
6.10
Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.
6.11
Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62
by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12
Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner.
6.13
Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14
Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.
6.15
Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.
6.16
Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62
required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17
Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62
2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18
Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing.
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6.19
Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner.
6.20
Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62
B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21
Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62
E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 – OTHER WORK AT THE SITE 7.01
Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.
7.02
Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62
B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03
Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions.
ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.01
Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer.
8.02
Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer.
8.03
Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
8.04
Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C.
8.05
Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site.
8.06
Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62
8.07
Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
8.08
Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B.
8.09
Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.
8.10
Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06.
8.11
Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents.
8.12
Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D.
ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01
Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents.
9.02
Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62
continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03
Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.
9.04
Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
9.05
Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed.
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9.06
Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14.
9.07
Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05.
9.08
Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity.
9.09
Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62
exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10
Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D.
ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05.
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10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62
shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items:
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1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62
said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62
limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62
the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62
C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62
neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable.
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13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment.
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C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62
1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62
13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62
Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62
involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor.
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D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62
final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62
4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62
documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled.
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ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62
so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62
to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62
1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.
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SUPPLEMENTAL CONDITIONS TO THE GENERAL CONDITIONS
This document is the supplementary conditions to the EJCDC Standard General Conditions of the Construction Contract copyrighted 2007. Under no circumstances shall these conditions be revised without written consent from Cape Fear Public Utility Authority. Supplementary conditions specific to projects shall be either included in the Agreement or within sections of Division 1: General Requirements. SC – 1.01
Defined Terms A.14
Add the following sentence: Contract Times shall be measured in consecutive calendar days.
A.43
Add the following sentence: A Substantial Complete date is the date the Owner accepts Substantial Completion in writing.
Add new term: Soft Costs: Those costs not directly related to the construction, but are required to complete the Work and meet the requirements of this Contract. These costs include, but are not limited to, architect's and engineer’s fees, testing and reporting fees, the appraisal fee, attorney’s fees, government fees, permitting fees, tapping fees, assessment fees, interest, and loan fees. SC – 2.01
Delivery of Bonds and Evidence of Insurance B.
Add the following sentence: It is mutually agreed that Contractor is an independent contractor and not an agent of the Owner, and as such the Contractor shall not be entitled to any of the Owner’s employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker’s compensation, or pension and retirement benefits.
SC – 2.02
Copies of Documents A.
Replace “ten printed or hard copies” with “five printed or hard copies”.
SC – 2.03
Commencement of Contract Times; Notice to Proceed A. Delete the last sentence of the first paragraph and replace with: In no event will the Contract Times commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.
SC – 3.03
Reporting and Resolving Discrepancies A.3
SC – 4.04
At the end of the sentence, replace “unless Contractor had actual knowledge thereof” with “unless Contractor knew or reasonably should have known thereof”.
Underground Facilities Add item C as follows: C.
SC – 4.06
Extreme care shall be exercised when excavating with heavy equipment near all existing structures and utilities. This includes, but is not limited to utility lines, utility poles, drainage structures, stability cables, buildings, streets, bridges, and railroads. The Owner will not assume, nor accept, any responsibility for charges assessed by private or public utility companies, the North Carolina Department of Transportation, local municipalities, or any property owners for damages sustained to their property by virtue of action on the part of the Contractor, nor such charges as may be imposed for personnel of these parties to furnish field location of any facilities to temporarily shore these facilities during construction. All such costs are to be borne by the Contractor and shall be included in the unit prices and/or lump sum prices stated in the Bid.
Hazardous Environmental Condition at Site Add the following sentence: Any reports detailing hazardous conditions on the Project Site that have been obtained shall be included in this Project Manual.
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SC – 5
BONDS AND INSURANCE
VOID entire Article 5 of General Conditions and replace with Bonds and Insurance section as follows: 5.01
Bonds: The Contractor shall provide both a Payment Bond and a Performance Bond wherein surety waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by the Bond shall not be impaired in any manner by reason or any such modifications, omissions, additions, changes, and advance payments or deferred payments. The surety bonds must set forth no requirements that suit be initiated prior to the time stipulated in applicable North Carolina Statutes of Limitation. The Payment Bond and Performance Bond shall be executed by one or more surety companies legally authorized to do business in the State of North Carolina and shall become effective upon the awarding of the Contract. The attorney-in-fact who executes the required bonds on behalf of the surety shall attach a certified current copy of his or her power of attorney indicating his or her authority to execute the bonds and the monetary limit of such power. The following are the requirements for both the Payment Bond and the Performance Bond for this Contract. Payment Bond The Contractor shall provide a Payment Bond in the amount of one hundred percent (100%) of the Contract Price, conditioned upon the prompt payment for all labor or materials for which a Contractor or subcontractor is liable. The Payment Bond shall be solely for the protection of the persons furnishing materials or performing labor for which a Contractor or subcontractor is liable. Performance Bond The Contractor shall provide a Performance Bond in the amount of one hundred percent (100%) of the Contract Price, conditioned upon the plans, specifications, and the Contract. The Performance Bond shall be solely for the protection of the Owner.
5.02
General Insurance: The Owner has listed standard MINIMUM insurance coverage in the Supplementary Conditions that the Contractor shall
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purchase, unless directed otherwise in writing. Additional insurance coverage requirements specific to this Project may be stated in Division I of the Project Manual. It is the responsibility of the Contractor to purchase the minimum required insurance stated in this Project Manual, as well as any other insurance it deems necessary to protect Contractor and the Owner. 5.03
Certificates and Notice of Cancellation: Before commencing Work, Contractor shall furnish Owner with Certificates of Insurance required as part of this Contract. Contractor shall maintain insurance from companies licensed to write business in North Carolina, with an A.M. Best Rating of “A” or higher and acceptable to Owner. The Certificates of Insurance shall indicate the type, amount, class of operations covered, applicable deductibles, effective date and expiration date of all policies, and shall contain the following statement: “The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by the Cape Fear Public Utility Authority.” The Certificates of Insurance, naming the Owner as an additional insured, shall be further evidenced by an actual endorsement furnished to the Owner from the insurer within thirty (30) days of the signing of the Contract between the Contractor and the Owner. The Contractor shall be solely responsible for securing Certificates of Insurance as therefore specified from all Subcontractors engaged in the Work.
5.04
Workers Compensation and Employers Liability Insurance: The Contractor shall provide Workers Compensation covering all of the Contractor’s employees including officers, owners, and relatives to be engaged in the Work under this Contract, providing the required statutory benefits under North Carolina Workers Compensation Law, as well as Employers Liability Insurance providing limits at least in the amount of $500,000/$500,000/$500,000 applicable claims due to bodily injury by accident or disease and/or property damage. Owner shall be named as additional insured under this policy.
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The insurer shall agree to waive all rights of subrogation against the Cape Fear Public Utility Authority, its officers, officials, and employees for losses arising from work performed by the contractor for Cape Fear Public Utility Authority. 5.05
Commercial General Liability Insurance: The Contractor shall provide Commercial General Liability Insurance including coverage for the independent contractor operations, contractual liability assumed under the provisions of this Contract, products/completed operations liability, and broad form property damage liability. Exclusions applicable to explosion, collapse, and underground hazards are to be deleted when the Work involves these exposures. The policy shall provide liability limits at least in the amount listed in the table depending on the Contract Price: Contract Price
Per Occurrence
Aggregate
Under $500,000
$1,000,000
$2,000,000
$500,000 and Above
$3,000,000
$5,000,000
The policy shall provide combined single limits, applicable to claims due to bodily injury and/or property damage evidenced by Endorsement #CG20 10/07/04. Owner shall be named as an additional insured under this policy. 5.06
Automobile Liability Insurance: The Contractor shall provide Automobile Liability Insurance covering all owned, non-owned, and hired vehicles to be used upon site or in connection with the Work. Contractor shall provide liability limits at least in the amount of $1,000,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage.
5.07
Umbrella Liability Insurance: The Contractor shall provide Umbrella Liability Insurance as excess coverage above the underlying Employers Liability Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance policies required by this Contract. This coverage shall provide excess liability limits at least in the amount of $3,000,000 per occurrence, combined single limits, applicable to claims
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arising from bodily injury, personal injury, and/or property damage. The parties named as additional insured under the primary underlying policies are to be included as additional insured under the Umbrella Liability Insurance coverage. 5.08
Builder’s Risk Insurance OR Contractors Installation Floater: The Contractor shall provide and maintain either Builder’s Risk Insurance or Contractors Installation Floater depending on the type of Work. Contractor shall consult Owner before purchasing either the Builder’s Risk Insurance or the Contractors Installation Floater to determine which coverage the Owner will accept as part of this Contract. The following are the MINIMUM requirements for both Builder’s Risk Insurance and Contractors Installation Floater. Additional requirements specific to this Project may be stated in Division I of the Project Manual. It is the responsibility of the Contractor to purchase the minimum required insurance stated in this Project Manual, as well as any other insurance it deems necessary to protect Contractor and the Owner. Builder’s Risk Insurance The Contractor shall provide Builder’s Risk Insurance written in the amount of one hundred percent (100%) of the Contract Price with coverage applicable to all risks of direct physical loss or damage to buildings, structures, machinery, attachments, and all permanent fixtures forming a part of said building or structures during the course of construction to include coverage for flood, windstorm, Boiler and Machinery, earthquake, and collapse. The policy should include coverage for Soft Costs, specifically to include coverage for extra expense incurred by the Owner due to delay in occupancy resulting from damage to property covered by this policy. The Owner shall be named insured/loss payee as its interest may appear. The Contractor shall be responsible for payment of loss within any deductible applicable to this policy, changes, and advance payments or deferred payments. Contractors Installation Floater The Contractor shall provide and maintain Contractors Installation Floater or appropriate insurance protecting against loss or damage of the equipment to be installed. Coverage shall be written in the amount of one hundred percent (100%) of the value of the equipment and materials in force until accepted by the Owner. The coverage shall be written in the Contractor’s name and shall protect the Owner as its interests may appear. Contractor shall be
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responsible for any loss within the deductible applicable to this insurance. 5.09
Subcontractors: The Contractor shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations employed by it to the same extent that Contractor would be responsible for these acts and omissions. The Contractor shall either (a) require each of his Subcontractors to procure and to maintain during the life of his subcontract, Subcontractor’s Public Liability and Property Damage, and Vehicular Liability of the type and in the same amounts as specified in the preceding paragraph, or (b) insure the activities of his Subcontractors in his own policy.
SC – 6.01
Supervision and Superintendence A.
Add the following paragraphs: At no time during the course of construction shall any of the Contractor’s personnel, including Subcontractors and their personnel, behave in a rude or abusive manner on the Project Site, or in any of this Project’s meetings on and offsite. This type of behavior shall be grounds for dismissal of such personnel from the Project. No alcoholic beverages or narcotics of any description will be allowed on the Project Site at any time. Furthermore, anyone under the influence of alcohol or narcotics shall be removed from the Project Site immediately and shall permanently cease from performing any further Work on the Project.
B.
Add the following sentences and items 1 and 2: The superintendent shall be Contractor’s representative at the Project Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on the Contractor. 1.
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The resident superintendent shall be on Site at all times while construction is in process, and shall be able to speak, read, and comprehend English. CFPUA Page | 7
2.
SC – 6.02
The Owner and Engineer shall have the authority to approve or disapprove the Project superintendent and any subcontractors employed on the Project, if the superintendent or any subcontractors fail to meet stated qualifications made part of the bid package. The decision of the Owner and Engineer for approval or disapproval of the superintendent or any subcontractors shall be final and binding
Labor; Working Hours Add the following items C and D:
SC – 6.03
C.
No Work shall be done between the hours of 7:00 PM and 7:00 AM without the prior written permission of the Owner. However, emergency Work may be done at any hour without prior permission.
D.
Work between the hours of 7:00 PM and 7:00 AM may be undertaken as a regular procedure with the prior written permission of the Owner. Such permission, however, may be revoked at any time by Owner, if Contractor fails to maintain adequate equipment and supervision for the proper execution and control of the Work during such hours.
Services, Materials, and Equipment Add the following items D, E, F, G, H, and I: D.
Unless otherwise written, all work shall meet Owner’s standards, which include CFPUA Standard Water & Sewer Details, CFPUA Technical Standards, and CFPUA Standard Specifications. It shall be the Contractor’s responsibility to ensure he/she is referring to the correct versions of these documents.
E.
Contractor shall be responsible for all erosion and sediment control practices, both on and offsite.
F.
Contractor shall provide any and all construction stakeout services as required to complete the Work.
G.
Until the entire Work is accepted by Owner, Contractor shall have responsible charge and care of the Work and of all equipment and material to be used therein, and shall bear the risk of injury, loss, or
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damage to any part of the Work by action of the elements or from any other cause, whether or not it occurred during execution of the Work. H.
At Contractor’s expense, Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work and any materials and equipment damaged or lost before the Work is complete. Contractor, at no additional expense to the Owner, shall provide suitable drainage and suitable structures as necessary to protect the Work or any portion thereof from damage.
I.
Suspension of the Work or the granting of an extension of time for any cause shall not relieve Contractor of its responsibilities for the Work specified herein.
SC – 6.06
Concerning Subcontractors, Suppliers, and Others A.
Add the following paragraphs: The Contractor may be permitted to subcontract a portion of the Work. If the Contractor decides to subcontract, the Contractor shall perform no less than 50% of the total contract amount and no less than 50% of the total labor within its own organization, unless permission is granted in writing from the Owner detailing an acceptable construction organization. Upon request by the Owner, the Contractor shall furnish sufficient documentation, satisfactory to the Owner, to demonstrate compliance herewith. A subcontractor shall not subcontract, sell, transfer, assign, or otherwise dispose of its contract with the Contractor, nor any portion thereof, or of its right, title, or interest therein.
SC – 6.09
Laws and Regulations Add the following items D and E: D.
North Carolina License Requirement: Pursuant to North Carolina General Statutes Section 87-15, Bidders must show evidence of a North Carolina Contractor’s License prior to consideration of their Bids. Contractor shall at all times during the performance of the Work maintain a valid North Carolina General Contractor’s License.
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E.
Discrimination: In accordance with the North Carolina General Statutes Section 143-135.5, any Bidder who has been found guilty of discrimination on the basis of race, gender, religion, national origin, age, physical disability, or any other unlawful basis in its solicitation, selection, hiring, or treatment of other businesses are debarred from bidding on this Work.
F.
Contractor shall be in full compliance with Article 2 of Chapter 64 of North Carolina General Statutes. Contractor must ensure compliance of any subcontractors subsequently hired after the bid.
SC – 6.10 Taxes Add item B as follows: B.
Pursuant to North Carolina General Statutes Section 105-164.14, the Owner is eligible for sales and use tax refunds on all materials that become a permanent part of the construction. The Contractor agrees to provide the Owner documentation which meets the requirements of Sales and Use Tax Regulation 42 regarding request for refund of sales and use taxes. Those requirements are outlined below: All refund claims must be substantiated by proper documentary proof and only those taxes actually paid by the claimant during the fiscal year covered by the refund claim may be included in the claim. Any local sales or use taxes included in the claim must be separately stated in the claim for refund. In cases where more than one county’s sales and use tax has been paid, a breakdown must be attached to the claim for refund showing the amount of each county’s local tax separately. To substantiate a refund claim for sales and use taxes paid on purchases of building materials, supplies, fixtures, and equipment by its Contractor, the claimant (Owner) must secure from such Contractor certified statements setting forth the cost of the property purchased from each vendor and the amount of state and local sales and/or use taxes paid thereon. Such statement must
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also include the cost of any tangible personal property withdrawn from the Contractor’s warehouse stock and amount of state and local sales or use tax paid therein by the Contractor. Similar certified statements by its Subcontractors must be obtained by the general Contractor and furnished to the claimant. Any local sales or use taxes included in the Contractor’s statement must be shown separately from the State sales or use taxes. The Contractor’s statements must not contain sales or use taxes paid on purchases of tangible personal property purchased by such Contractors for use in performing the Contract which does not annex to, affix to, or in some manner become a part of the building or structure being erected, altered, or repaired for the governmental entities as defined by North Carolina General Statutes Section 105-164(c). Examples of property on which sales and use tax has been paid by Contractor and which should not be included in the Contractor’s statement are scaffolding, forms of concrete, fuel for the operation of machinery and equipment, tools, equipment repair, parts and equipment rentals, blueprints, etc. NOTE: The State and County of purchase MUST be stated on the statement. SC – 6.11
Use of Site and Other Areas B.
Add the following sentence: The Contractor shall also be responsible for disposal of all other waste/spoil materials. Means of disposal shall be subject to the Engineer’s approval.
E.
Add the following paragraph: Site Signage: Prior to any construction activity the Contractor shall erect sign(s) to inform the public work is in progress per sign detail that can be found at www.cfpua.org and per the following guidance: 1.
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The Contractor shall furnish and install construction sign(s) for identification of the project and shall be constructed in accordance with the following detail.
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SC – 6.13
2.
Construction sign(s) shall be located at or near the project site and amenable to public viewing. For work in right-of-ways, there shall be a sign on both ends of the work facing out to on-coming traffic. Sign locations shall be approved by the Owner prior to erection.
3.
The sign shall be adequately supported with regard to site conditions and will be an adequate distance above the prevailing grade to permit public viewing.
4.
The sign shall be constructed of 3.0 feet by 6.0 feet exterior type high density overlaid plywood or other sign material of equivalent quality and framed, as necessary to protect the sign from deterioration.
5.
The sign lettering shall be of professional quality, black and either painted or vinyl on a matt white background. The CFPUA logo shall be strictly painted or vinyl to the color and proportion noted on the following detail.
6.
Contractor may add information/logos to the sign with written permission.
7.
A draft sign shall be rendered and reviewed and approved by Owner prior to production.
8.
Sign(s) shall be maintained in good condition by the Contractor until completion of the construction project.
9.
Sign(s) shall be removed and appropriately disposed of when the construction is complete and accepted by Owner.
Safety and Protection A.3
Add the following: Upon completion of the Work, all fences, signs and structures are to be restored to their original location and condition, unless shown differently on the Plans. The Contractor shall purchase new material, if necessary, to replace all materials damaged, lost, or destroyed. Landscape items, such as shrubs, bushes, and plantings, etc., shall be replaced as necessary to the satisfaction of the Owner.
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A.4
Add item 4 as follows: Throughout the duration of the Project, the convenience and the protection of the public must be provided for, and interference held to a minimum.
B.
a.
The Contractor shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. Roads and streets must be kept open at all times or suitable detours provided. Detours that are not provided in the Plans shall be preapproved by the Engineer. All detours and detour devices shall meet the Federal Highway Administration’s (FHWA) guidelines, which can be found in the FHWA’s Manual on Uniform Traffic Control Devices (MUTCD). Local law enforcement, fire, and rescue agencies shall be notified before any street is closed, and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
b.
When necessary, the Contractor shall provide watchmen and appropriate lighting between twilight and sunrise, and shall erect and maintain barriers and all other necessary protection about the Work at its own expense. The Contractor shall take any other necessary precautions to protect life, limb, and property.
Add the following paragraphs: The Contractor shall be aware of and abide by all Occupational Safety & Health Administration Laws and Regulations developed under the U.S. Department of Labor.
SC – 6.16
Emergencies A.
Replace the second sentence with the following:
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Documents are required as a result. Changes in the Work or variations from the Contract Documents shall only be approved by Owner or Engineer if a written Work Change Directive or Change Order regarding such changes or variations is issued. SC – 6.17
Shop Drawings and Samples D.
Add new item 4 as follows: Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three (3) submittals. Engineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, Samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer’s charges for its review time unless the need for such a change is beyond the control of the Contractor.
SC – 6.19
Contractor’s General Warranty and Guarantee Add items D and E as follows:
SC – 6.20
D.
Except as otherwise specified, all Work shall be guaranteed by the Contractor and its sureties against defects resulting from the use of faulty or inferior materials, equipment, or workmanship for one year from the date of Substantial Completion of the Work.
E.
A list of warranty start dates for equipment, products, and systems shall be maintained by the Contractor during construction and submitted to the Owner and Engineer prior to closeout.
Indemnification Replace item A with the following: A.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify, hold harmless, and defend the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages
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(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising directly or indirectly out of the obligations herein undertaken or resulting from the operations conducted to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . New Article Section SC – 7.04 Claims Between Contractors A.
Should Contractor cause damage to the Work or property of any separate contractor at the Site, or should any claim arising out of the Contractor’s performance of the Work at the Site be made by any separate contractor against Contractor, Owner, Engineer, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold Owner and Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, and other professionals, and fees arising from dispute settlement such as reasonable attorneys, court costs, mediation costs, and arbitration costs) arising directly, indirectly, or consequentially out of any action, legal or equitable, brought by any separate contractor against Owner or Engineer to the extent based on a claim arising out of Contractor’s performance of the Work. Should a separate contractor cause damage to the Work or property of the Contractor or should the performance of the work by a separate contractor at the Site give rise to any other claim, Contractor shall not institute any action, legal or equitable, against Owner or Engineer, or permit any action against either of them to be maintained and continued in its name or for its benefit on any action which seeks to impose liability on, or to recover damages from. Owner or Engineer on account of any such damage or claim. If Contractor is delayed at any time in performing or furnishing the Work by any act or neglect of a separate contractor, the Owner and Contractor may consider an adjustment on the Contract Time attributable thereto. An extension of
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the Contract Time shall be Contractor’s exclusive remedy with respect to Owner and Engineer for any delay, disruption, interference or hindrance caused by a separate contractor. SC – 10.01
Authorized Changes in the Work A.
Add the following sentence: A change in the Contract Price or Contract Time shall only be accomplished by a written amendment to the Contract Documents, a written Change Order, or a written Work Change Directive.
SC – 11.01
Cost of the Work A.4
Add the following phrase to the end of the last sentence: but only to the extent authorized and approved in writing by the Engineer prior to incurring such costs.
A.5
Replace item c as follows: c.
Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.
Add item j as follows: j.
SC – 11.03
Any minor details of the Work not specifically mentioned in the specifications or shown on the plans, but obviously necessary for the proper completion of the Work, which shall be considered incidental as being a part of and included with the Work for which prices are given in the Bid Form.
Unit Price Work D.
Replace the entire item with the following:
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The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1.
There shall be no evaluation or adjustment of the unit cost unless the variation of the quantity is in excess of the variable range as identified below: Item 1. 2a/b. 3. 4. 5. 6. 7. 8. 9. 10. 11. A1a A1b A1c A1d A2 A3
SC – 12.03
Description 5/8” & 3/4” Meter Replacement AMR System Transmitter Relocate or Replace Meter Box Relocate or Replace Meter Box (Rigid Surface) Replace Meter Setter AMR System Handheld Receiver
Variation +/- 50% +/- 50% +/- 100% +/- 100% +/- 100% +/- 50% +/- 50%
AMR System Mobile Collector AMR Read System Software & Billing System N/A Integration Salvage of Replaced Meters (Contractor) Residential Meter Sample Station Mobilization 1” Meter Replacement 1-1/2” Meter Replacement 2” Meter Replacement AMR System Transmitter Alternate – Piston Meter Salvage of Replaced Meters (CFPUA)
+/- 50% +/- 100% N/A +/- 100% +/- 100% +/- 100% +/- 50% +/- 50% +/- 50%
Delays A.
Add the following paragraph: Time extensions for adverse weather delays shall be granted according to the number of days during the month when precipitation exceeds the historical average number of rain events of 0.1 inches of rainfall or greater, as established by the National Oceanic and Atmospheric Administration (NOAA). The evaluation of weather will be based on the total number of such days over the entire Contract Time.
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The following is a table created from data obtained by the Climatological Reports prepared between September 2007 and August 2008 by the NOAA National Weather Service Weather Forecast Office of Melbourne, Florida for Wilmington, North Carolina. This table indicates the average number of calendar days per month with precipitation of 0.1 inches or more as determined between the years 1971 through 2000. JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 8 6 7 5 6 7 8 7 6 5 5 6
Delays caused by adverse weather shall warrant an extension of Contract Time as specified above; however, no adjustment of Contract Price shall be granted. SC – 13.03
Tests and Inspections A.
Add the following sentence: Contractor shall provide Engineer with copies of all testing results and inspection reports. D.
Add the following paragraph:
Contractor also shall be responsible for arranging, obtaining, and paying for all costs for compaction tests and proof rolling of subgrade and base for roadway sections. SC – 14.02
Progress Payments A.
Add items 4 and 5 as follows: 4.
When the Owner agrees to pay for stored material and/or equipment, payments for stored material and equipment shall be based only upon actual cost to Contractor, and shall not include overhead and profit to Contractor.
5.
Applications for Payment shall be accompanied with an accurate and complete updated schedule of operation or progress report, as applicable, and such other schedules and reports (including, without limitation, shop drawing schedule, procurement schedule, values of material, and equipment on hand) as Owner and Engineer may require.
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B.5
Add items e, f, g, h, i, j, and k as follows with the word “or” preceding: e.
Contractor has failed to make payment to Subcontractors, suppliers or labor;
f.
Contractor has failed to make acceptable submittals in accordance with accepted schedules;
g.
Contractor has failed to submit an updated schedule of operation or progress report, as indicated above in Paragraph 14.02 A.5, with the Application for Payment;
h.
There is evidence that the Work will not be completed within the time required for substantial completion;
i.
Contractor has caused damage to the Owner or a third party to whom the Owner is, or may be, liable;
j.
Contractor owes Owner compensation for reimbursement charges incurred with respect to services performed by the Engineer for submittal review as stated in Supplementary Conditions Section 6.17; or
k.
Contractor owes Owner compensation for reimbursement charges incurred with respect to services performed by the Engineer for overtime inspection hours, if required when Contractor works more than 8 hours per day or 40 hours per week.
C.1
Replace “Ten days” with “Fifteen days”.
D.1
Add the item e as follows with the word “or” preceding: e.
SC – 14.07
Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraph 14.02 B.5 of the General and Supplementary Conditions.
Final Payment A.2
Add item e as follows: e.
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An affidavit stating all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which
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the Owner, or the Owner’s property, might be responsible have been fully paid or otherwise satisfied. C.1
Replace entire item with: Final payment shall become due at the time provided in the North Carolina General Statutes Section 143-134.1.
D.
Add paragraph D as follows: D.
Reduction in Payment: Owner may refuse to make payment of full amount because:
SC – 14.09
1.
Contractor has incurred liability for liquidated damages; or
2.
Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02 B.5 and 14.02 D.1 of the General and Supplementary Conditions.
Waiver of Claims Delete paragraph A.1 in its entirety.
SC – 15.03
Owner May Terminate For Convenience Replace the entire section as follows: A.
The Owner may, at any time, terminate the Contract in whole or in part for the Owner’s convenience and without cause. Termination by the Owner under this paragraph shall be by written notice of termination delivered to the Contractor specifying the extent of the termination and effective date.
B.
Upon receipt of a notice of termination for convenience, the Contractor shall immediately, in accordance with instructions from the Owner, proceed with performance of the following duties regardless of delay in determining or adjusting amounts due under this paragraph: 1.
Cease operations as specified in the notice;
2.
Place no further orders and enter into no further subcontracts for materials, labor, services, or facilities except as necessary to complete continued portions of the Contract;
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SC – 15.04
3.
Terminate all subcontracts and orders to the extent they relate to the Work terminated;
4.
Proceed to complete the performance of Work not terminated;
5.
Take actions that may be necessary, or that the Owner may direct, for the protection and preservation of the terminated Work; and
6.
Transfer title to the Owner of completed or partially completed Work and materials, equipment, parts, fixtures, information, and Contract rights as the Contractor has.
C.
Upon such termination, the Contractor shall recover as its sole remedy payment of the percentage of the Contract Price equal to the percentage of the Work performed satisfactorily and not previously paid for as determined by the Engineer. The Contractor hereby waives and forfeits all other claims for payment and damages, including but not limited to anticipated profits or revenue or other economic loss arising out of or resulting from such termination.
D.
The Owner shall be credited for: 1.
Payments previously made to the Contractor for the terminated portion of the Work;
2.
Claims that the Owner has against the Contractor under this Contract; and
3.
The value of the materials, supplies, equipment, or other items that are to be disposed of by the Contractor that are part of the Contract Price.
Contractor May Stop Work or Terminate Replace the entire section as follows: A.
If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon ten (10) days’ written notice to the Owner terminate performance under this Contract and recover from the Owner payment for the actual
Section 00730 Supplementary Conditions Revised 11/07/13
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reasonable expenditures of the Contractor for all Work executed and for materials, equipment, tools, construction equipment, and machinery actually purchased or rented solely for the Work, less any salvage value of such items. New Article Section SC – 16.02 Dispute Resolution Miscellaneous
SC – 17.04
A.
The costs of any mediation shall be divided between parties in the dispute.
B.
This Contract shall not provide in any way for arbitration.
C.
All parties agree that only the North Carolina Courts located in New Hanover County shall have jurisdiction over the Contract, and any controversies arising out of this Contract and this Agreement not resolved by the mediation process shall be governed and construed in accordance with the law of the State of North Carolina.
Survival of Obligations Add paragraph B as follows: B.
Contractor shall obtain from all Suppliers and manufacturers any and all warranties and guarantees of such Suppliers and manufacturers, whether or not specifically required in other areas of the Contract Documents, and shall assign such warranties and guarantees to Owner. Contractor further agrees to perform the Work in such a manner to preserve any and all manufacturer’s warranties. With respect thereto, Contractor shall render reasonable assistance to Owner when requested, in order to enable Owner to enforce such warranties and guarantees. The assignment of any warranties and guarantees shall not affect the correction period or any other provisions of these Contract Documents.
New Article Section SC – 17.07 Precedence Where conflicts exist between these General Conditions, Supplementary Conditions, Division 1 sections of this Project Specification Manual, and the design drawings, the most stringent requirements shall govern. Section 00730 Supplementary Conditions Revised 11/07/13
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Meter Replacement Project
SECTION 011000 - SUMMARY PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes: 1. Project information. 2. Work covered by Contract Documents. 3. Access to site. 4. Coordination with occupants. 5. Work restrictions. 6. Specification and drawing conventions.
B.
Related Section: 1. Division 01 Section "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities.
1.3
PROJECT INFORMATION
A.
Project Identification: Cape Fear Public Utility Authority Water Meter Replacement Program 1. Project Location: New Hanover County, NC
B.
Owner: Cape Fear Public Utility Authority, 235 Government Center Drive, Wilmington, NC 28403 1. Owner's Representative: Craig Wilson, Project Manager
C.
Engineer: Cavanaugh & Associates, P.A.
D.
Other Owner Consultants: The Owner has retained the following design professionals who have prepared designated portions of the Contract Documents: 1. Civil Engineer: Cavanaugh & Associates, P.A.
E.
Construction Manager: Cavanaugh & Associates, P.A. 1. Construction Manager has been engaged for this Project to serve as an advisor to Owner and to provide assistance in administering the Contract for
SUMMARY
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Meter Replacement Project
Construction between Owner and Contractor, according to a separate contract between Owner and Construction Manager. 1.4
WORK COVERED BY CONTRACT DOCUMENTS
A.
The Work of the Project is defined by the Contract Documents and consists of the following: a. Replacement of approximately 5,000 5/8” and ¾” residential service water meters and associated appurtenances as required; b. Installation of an system-wide Automatic Meter Reading (AMR) System for the services that are replaced;
B.
Type of Contract 1. Project will be constructed under a single prime contract, as follows. a. Installation of proposed meter improvements;
1.5
ACCESS TO SITE
A.
General: Contractor(s) shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.
B.
Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Limits: Confine construction operations to the Limits of Disturbance as indicated by the Drawings. 2. Driveways, Walkways and Entrances: Keep driveways and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations.
1.6 A.
COORDINATION WITH OCCUPANTS Partial Owner Occupancy: Owner will occupy the premises during entire construction period, with the exception of areas under construction. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's operations. Maintain existing exits unless otherwise indicated. 1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and authorities having jurisdiction. 2. Provide not less than 48 hours' notice to Owner of activities that will affect Owner's operations.
SUMMARY
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Meter Replacement Project
1.7
WORK RESTRICTIONS
A.
Work Restrictions, General: Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and other requirements of authorities having jurisdiction.
B.
On-Site Work Hours: Limit work in the existing project area to normal business working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except as otherwise indicated. 1. Weekend Hours: Only with prior, written approval by the Owner. 2. Early Morning Hours: Only with prior, written approval by the Owner. 3. Hours for Utility Shutdowns: Only with prior, written approval by the Owner.
C.
Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated: 1. Notify Owner not less than two (2) days in advance of proposed utility interruptions. 2. Obtain Owner's written permission before proceeding with utility interruptions.
D.
Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner. 1. Notify Owner not less than two (2) days in advance of proposed disruptive operations. 2. Obtain Owner's written permission before proceeding with disruptive operations.
1.8
SPECIFICATION AND DRAWING CONVENTIONS
A.
Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise.
B.
Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.
C.
Drawing Coordination: Requirements for materials and products identified on the Drawings are described in detail in the Specifications. One or more of the following are used on the Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S. National CAD Standard and scheduled on Drawings.
SUMMARY
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Meter Replacement Project
3.
Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 011000
SUMMARY
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Meter Replacement Project
SECTION 012300 - ALTERNATES PART 1 - GENERAL 1.1 A.
1.2 A. 1.3 A.
1.4
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative and procedural requirements for alternates. DEFINITIONS Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to or deducted from the base bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. 1. Alternates described in this Section are part of the Work only if enumerated in the Agreement. 2. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum. PROCEDURES
A.
Coordination: Modify or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. 1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate.
B.
Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated modifications to alternates.
C.
Execute accepted alternates under the same conditions as other work of the Contract.
ALTERNATES
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1.5
Schedule of Alternates
A.
Alternate #1 – Mid-Size Meter Replacement 1. This alternate includes replacing meters ranging in size from 1” to 2”. All replacement shall be to the specifications contained in these documents. Estimated quantities are listed in the bid form and if accepted this alternate shall be billed on a unit price basis depending on the meter size. There will be no adjustment in the overall project schedule for this alternate if accepted. It shall be noted that all mid-size meters designated for replacement shall be single meter installations and none of the meters are the low flow side of a compound meter installation.
B.
Alternate #2 – Alternate Meter 1. This alternate will be the cost to utilize a brass body, piston-type positive displacement meter on the Project. The selected AMR system and the pistontype meter must be wholly compatible, with factory-potted connection. The meter shall be fully compliant with the technical specifications as outlined in Section 2. The alternate shall include the cost difference (plus or minus shall be indicated on the bid form). If accepted, the cost difference shall be applied to Line Item 1. “5/8” & 3/4” Meter Replacement”. There shall be no adjustment in the overall project schedule for this alternate if accepted.
C.
Alternate #3 – Salvage of Replaced Meters (CFPUA) 1. This alternate shall be the cost attributed to the project for CFPUA to take the responsibility for materials maintenance and ownership of the replaced water meters. The contractor shall be responsible for delivery of the meters to a location specified as “633 Groundwater Way, Wilmington, NC 28411” and placed in storage bins. Upon delivery, the contractor shall have no other responsibility or claim to ownership or proceeds generated from the sale of the salvaged material. This alternate shall replace bid item “Salvage of Replaced Meters (Contractor)” if accepted. There shall be no adjustment in the overall project schedule for this alternate if accepted.
D.
Alternate #4 – 5/8” & ¾” Meter Replacement (Non-Cycle) 1. This alternate shall be the cost associated with performing complete meter replacement services, subject to the standards and specifications contained herein, to specific services across the CFPUA system, as identified in Exhibit D. CFPUA would provide specific service addresses to the CONTRACTOR is the alternate is accepted. The CONTRACTOR shall also state on the bid form the duration in calendar days required to complete the installation of these replacements. Any required appurtenances as identified in the base bid specifications shall be payable under those unit prices.
ALTERNATES
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PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012300
ALTERNATES
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SECTION 012500 - SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for substitutions.
B.
Related Sections: 1. 2. 3. 4.
1.3 A.
DEFINITIONS Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1. 2.
1.4 A.
Division 01 Section "Allowances" for products selected under an allowance. Division 01 Section "Alternates" for products selected under an alternate. Division 01 Section "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers. Divisions 02 through 33 Sections for specific requirements and limitations for substitutions.
Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner.
SUBMITTALS Substitution Requests: Submit three (3) copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles.
SUBSTITUTION PROCEDURES
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Meter Replacement Project
1.
Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. b.
c.
d. e. f. g. h. i.
j. k.
l.
2.
Statement indicating why specified product or fabrication or installation cannot be provided, if applicable. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors that will be necessary to accommodate proposed substitution. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. Product Data, including drawings and descriptions of products and fabrication and installation procedures. Samples, where applicable or requested. Certificates and qualification data, where applicable or requested. List of similar installations for completed projects with project names and addresses and names and addresses of Engineers and Owners. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. Cost information, including a proposal of change, if any, in the Contract Sum. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.
Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within seven (7) days of receipt of a request for substitution. Engineer will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven (7) days of receipt of additional information or documentation, whichever is later. a.
Forms of Acceptance: Change Order, Construction Change Directive, or Engineer's Supplemental Instructions for minor changes in the Work.
SUBSTITUTION PROCEDURES
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Meter Replacement Project
b.
1.5 A.
1.6 A.
Use product specified if Engineer does not issue a decision on use of a proposed substitution within time allocated.
QUALITY ASSURANCE Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage qualified testing agency to perform compatibility tests recommended by manufacturers. PROCEDURES Coordination: Modify or adjust affected work as necessary to integrate work of the approved substitutions.
PART 2 - PRODUCTS 2.1 A.
SUBSTITUTIONS Substitutions for Cause: Submit requests for substitution immediately upon discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. 1.
Conditions: Engineer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Engineer will return requests without action, except to record noncompliance with these requirements: a. b. c. d. e. f. g. h.
Requested substitution is consistent with the Contract Documents and will produce indicated results. Substitution request is fully documented and properly submitted. Requested substitution will not adversely affect Contractor's construction schedule. Requested substitution has received necessary approvals of authorities having jurisdiction. Requested substitution is compatible with other portions of the Work. Requested substitution has been coordinated with other portions of the Work. Requested substitution provides specified warranty. If requested substitution involves more than one (1) contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.
SUBSTITUTION PROCEDURES
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Meter Replacement Project
B.
Substitutions for Convenience: Engineer will consider requests for substitution if received within 60 days after the Notice to Proceed. Requests received after that time may be considered or rejected at discretion of Engineer. 1.
Conditions: Engineer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Engineer will return requests without action, except to record noncompliance with these requirements: a.
b. c. d. e. f. g. h. i. j.
Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Engineer for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. Requested substitution does not require extensive revisions to the Contract Documents. Requested substitution is consistent with the Contract Documents and will produce indicated results. Substitution request is fully documented and properly submitted. Requested substitution will not adversely affect Contractor's construction schedule. Requested substitution has received necessary approvals of authorities having jurisdiction. Requested substitution is compatible with other portions of the Work. Requested substitution has been coordinated with other portions of the Work. Requested substitution provides specified warranty. If requested substitution involves more than one (1) contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.
PART 3 - EXECUTION (Not Used) END OF SECTION 012500
SUBSTITUTION PROCEDURES
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Meter Replacement Project
SECTION 012600 - CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for handling and processing Contract modifications.
B.
Related Sections: 1.
1.3 A.
1.4 A.
Division 01 Section "Product Requirements" for administrative procedures for handling requests for substitutions made after Contract award.
MINOR CHANGES IN THE WORK Engineer will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on Field Order forms. PROPOSAL REQUESTS Owner-Initiated Proposal Requests: Engineer will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. 2.
Proposal Requests issued by Engineer are not instructions either to stop work in progress or to execute the proposed change. Within 20 days, when not otherwise specified, after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. b.
Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.
CONTRACT MODIFICATION PROCEDURES
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Meter Replacement Project c. d.
e. B.
Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Engineer. 1.
2. 3. 4. 5.
6. 7. 1.5
Include costs of labor and supervision directly attributable to the change. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. Quotation Form: Use forms acceptable to Engineer.
Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. Include costs of labor and supervision directly attributable to the change. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. Comply with requirements in Division 01 Section "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified. Proposal Request Form: Use form acceptable to Engineer.
ADMINISTRATIVE CHANGE ORDERS
A.
Allowance Adjustment: Refer to Division 01 Section "Allowances" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect actual costs of allowances.
B.
Unit Price Adjustment: Refer to Division 01 Section "Unit Prices" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect measured scope of unit price work.
1.6 A.
CHANGE ORDER PROCEDURES On Owner's approval of a Proposal Request, Engineer will issue a Change Order for signatures of Owner and Contractor on form included in Contract Documents.
CONTRACT MODIFICATION PROCEDURES
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Meter Replacement Project 1.7 A.
WORK CHANGE DIRECTIVE Work Change Directive: Engineer may issue a Work Change Directive on form included in Contract Documents. Work Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1.
B.
Work Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time.
Documentation: Maintain detailed records on a time and material basis of work required by the Work Change Directive. 1.
After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012600
CONTRACT MODIFICATION PROCEDURES
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Meter Replacement Project
SECTION 012900 - PAYMENT PROCEDURES PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment.
B.
Related Sections: 1. Division 01 Section "Allowances" for procedural requirements governing the handling and processing of allowances. 2. Division 01 Section "Unit Prices" for administrative requirements governing the use of unit prices. 3. Division 01 Section "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 4. Division 01 Section "Construction Progress Documentation" for administrative requirements governing the preparation and submittal of the Contractor's construction schedule. 5. Division 01 Section "Submittal Procedures" for administrative requirements governing the preparation and submittal of the submittal schedule.
1.3 A.
1.4 A.
DEFINITIONS Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. SCHEDULE OF VALUES Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's construction schedule. 1. Correlate line items in the schedule of values with other required administrative forms and schedules, including the following: a. Application for Payment forms with continuation sheets. b. Submittal schedule.
PAYMENT PROCEDURES
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Meter Replacement Project
c.
2. 3. 4.
B.
Items required to be indicated as separate activities in Contractor's construction schedule. Submit the schedule of values to Engineer at earliest possible date but no later than seven (7) days before the date scheduled for submittal of initial Applications for Payment. Subschedules for Phased Work: Where the Work is separated into phases requiring separately phased payments, provide subschedules showing values correlated with each phase of payment. Subschedules for Separate Elements of Work: Where the Contractor's construction schedule defines separate elements of the Work, provide subschedules showing values correlated with each element.
Format and Content: Use the Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one (1) line item for each Specification Section. 1. Identification: Include the following Project identification on the schedule of values: a. Project name and location. b. Name of Engineer. c. Engineer's project number. d. Contractor's name and address. e. Date of submittal. 2. Arrange schedule of values consistent with format of EJCDC Document C-620. 3. Arrange the schedule of values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of the Work. c. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value of the following, as a percentage of the Contract Sum to nearest one-hundredth percent, adjusted to total 100 percent. 1) Labor. 2) Materials. 3) Equipment. 4) 4. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide multiple line items for principal subcontract amounts in excess of 5% of Contract Sum. 5. Round amounts to nearest whole dollar; total shall equal the Contract Sum. Provide a separate line item in the schedule of values for each part of the Work 6. where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on-site and items stored off-site. If required, include evidence of insurance.
PAYMENT PROCEDURES
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Meter Replacement Project
7. 8.
9. 10.
11.
1.5
Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. Allowances: Provide a separate line item in the schedule of values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. Purchase Contracts: Provide a separate line item in the schedule of values for each purchase contract. Show line-item value of purchase contract. Indicate owner payments or deposits, if any, and balance to be paid by Contractor. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at Contractor's option. Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum.
APPLICATIONS FOR PAYMENT
A.
Each Application for Payment shall be consistent with previous applications and payments as certified by Engineer and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements.
B.
Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction work covered by each Application for Payment is the period indicated in the Agreement.
C.
Application for Payment Forms: Use forms acceptable to Engineer and Owner for Applications for Payment. Submit forms for approval with initial submittal of schedule of values.
D.
Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Engineer will return incomplete applications without action. 1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made. 2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment. 3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application.
PAYMENT PROCEDURES
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Meter Replacement Project
4.
Indicate separate amounts for work being carried out under Owner-requested project acceleration.
E.
Stored Materials: 1. There shall be no payment for Stored Materials related to the replacement water meters, end points or related material associated with this project.
F.
Transmittal: Submit five (5) signed and notarized original copies of each Application for Payment to Engineer by a method ensuring receipt. One (1) copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. 2. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. 3. When an application shows completion of an item, submit conditional final or full waivers. 4. Owner reserves the right to designate which entities involved in the Work must submit waivers. 5. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner.
G.
Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's liens from subcontractors, sub-subcontractors, and suppliers for construction period covered by the previous application. 1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit conditional final or full waivers. 3. Owner reserves the right to designate which entities involved in the Work must submit waivers. 4. Submit final Application for Payment with or preceded by conditional final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien. 5. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner.
H.
Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of values. 3. Contractor's construction schedule (preliminary if not final). 4. Combined Contractor's construction schedule (preliminary if not final) incorporating Work of multiple contracts, with indication of acceptance of schedule by each Contractor. 5. Products list (preliminary if not final). 6. Schedule of unit prices. 7. Submittal schedule (preliminary if not final).
PAYMENT PROCEDURES
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Meter Replacement Project
8. 9. 10. 11. 12. 13. 14. 15. 16.
List of Contractor's staff assignments. List of Contractor's principal consultants. Copies of building permits. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. Initial progress report. Report of preconstruction conference. Certificates of insurance and insurance policies. Performance and payment bonds. Data needed to acquire Owner's insurance.
I.
Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100% completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work.
J.
Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. Contractor's Affidavit of Payment of Debts and Claims. 5. Contractor's Affidavit of Release of Liens. 6. Consent of Surety to Final Payment. 7. Evidence that claims have been settled. 8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 9. Final liquidated damages settlement statement.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012900
PAYMENT PROCEDURES
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SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. General project coordination procedures. 2. Administrative and supervisory personnel. 3. Coordination drawings. 4. Requests for Information (RFIs). 5. Project Web site. 6. Project meetings.
B.
Related Sections: 1. Division 01 Section "Construction Progress Documentation" for preparing and submitting Contractor's construction schedule. 2. Division 01 Section "Execution" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points. 3. Division 01 Section "Closeout Procedures" for coordinating closeout of the Contract. 4. Division 01 Section "General Commissioning Requirements" for coordinating the Work with Owner's commissioning authority.
1.3 A.
1.4 A.
DEFINITIONS RFI: Request from Owner, Engineer, or Contractor seeking information from each other during construction. COORDINATION Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation.
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Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair. Make adequate provisions to accommodate items scheduled for later installation.
B.
Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required: notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required.
C.
Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 9. Project closeout activities.
1.5
REQUESTS FOR INFORMATION (RFIs)
A.
General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. 1. Engineer will return RFIs submitted to Engineer by other entities controlled by Contractor with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors.
B.
Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Engineer. 6. RFI number, numbered sequentially. RFI subject. 7. 8. Specification Section number and title and related paragraphs, as appropriate.
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Drawing number and detail references, as appropriate. Field dimensions and conditions, as appropriate. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. Contractor's signature. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. a. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.
C.
RFI Forms: Software-generated form with substantially the same content as indicated above, acceptable to Engineer.
D.
Engineer's Action: Engineer will review each RFI, determine action required, and respond. Allow seven (7) working days for Engineer's response for each RFI. RFIs received by Engineer after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. c. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. e. Requests for interpretation of Engineer's actions on submittals. f. Incomplete RFIs or inaccurately prepared RFIs. 2. Engineer's action may include a request for additional information, in which case Engineer's time for response will date from time of receipt of additional information. 3. Engineer's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 01 Section "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Engineer in writing within 10 days of receipt of the RFI response.
E.
On receipt of Engineer's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Engineer within seven (7) days if Contractor disagrees with response.
F.
RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Include the following: 1. Project name. 2. Name and address of Contractor. 3. Name and address of Engineer. 4. RFI number including RFIs that were dropped and not submitted. RFI description. 5. 6. Date the RFI was submitted. 7. Date Engineer's response was received.
PROJECT MANAGEMENT AND COORDINATION
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Meter Replacement Project 8. 9.
1.6 A.
Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate.
PROJECT MEETINGS General: Designer is to prepare and distribute the meeting minutes of all project meetings. The Designer will schedule and conduct the meetings as already noted.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013100
PROJECT MANAGEMENT AND COORDINATION
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SECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. 2. 3. 4. 5. 6.
B.
1.3 A.
Start-up construction schedule. Contractor's construction schedule. Daily construction reports. Material location reports. Field condition reports. Special reports.
Related Sections: 1. Division 01 Section "Submittal Procedures" for submitting schedules and reports. 2. Division 01 Section "Quality Requirements" for submitting a schedule of tests and inspections. DEFINITIONS Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. 2. 3.
Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times. Predecessor Activity: An activity that precedes another activity in the network. Successor Activity: An activity that follows another activity in the network.
B.
Cost Loading: The allocation of the schedule of values for the completion of an activity as scheduled. The sum of costs for all activities must equal the total Contract Sum, unless otherwise approved by Engineer.
C.
CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships.
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Network calculations determine when activities can be performed and the critical path of the Project. D.
Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float.
E.
Event: The starting or ending point of an activity.
F.
Float: The measure of leeway in starting and completing an activity. 1. 2. 3.
G.
1.4 A.
Float time is not for the exclusive use or benefit of either Owner or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date.
Resource Loading: The allocation of manpower and equipment necessary for the completion of an activity as scheduled. INFORMATIONAL SUBMITTALS Format for Submittals: Submit required submittals in the following format: 1.
Five (5) paper copies.
B.
Contractor's Construction Schedule: Initial schedule, of size required to display entire schedule for entire construction period.
C.
Special Reports: Submit at time of unusual event.
1.5
COORDINATION
A.
Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors.
B.
Coordinate Contractor's construction schedule with the schedule of values, submittal schedule, progress reports, payment requests, and other required schedules and reports. 1. 2.
Secure time commitments for performing critical elements of the Work from entities involved. Coordinate each construction activity in the network with other activities and schedule them in proper sequence.
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PART 2 - PRODUCTS 2.1 A.
CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL Time Frame: Extend schedule from date established for commencement of the Work to date of final completion. 1.
Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order.
B.
Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and Final Completion.
C.
Upcoming Work Summary: Prepare summary report indicating activities scheduled to occur or commence prior to submittal of next schedule update. Summarize the following issues: 1. 2. 3. 4.
2.2
Unresolved issues. Unanswered RFIs. Rejected or unreturned submittals. Notations on returned submittals.
SPECIAL REPORTS
A.
General: Submit special reports directly to Owner within one (1) day of an occurrence. Distribute copies of report to parties affected by the occurrence.
B.
Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor's personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable.
PART 3 - EXECUTION 3.1 A.
CONTRACTOR'S CONSTRUCTION SCHEDULE Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule before each regularly scheduled progress meeting.
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1. 2. 3.
Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. As the Work progresses, indicate final completion percentage for each activity.
END OF SECTION 013200
CONSTRUCTION PROGRESS DOCUMENTATION
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SECTION 013300 - SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals.
B.
Related Sections: 1. 2. 3. 4.
1.3
Division 01 Section "Payment Procedures" for submitting Applications for Payment and the schedule of values. Division 01 Section "Construction Progress Documentation" for submitting schedules and reports, including Contractor's construction schedule. Division 01 Section "Operation and Maintenance Data" for submitting operation and maintenance manuals. Division 01 Section "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data.
DEFINITIONS
A.
Action Submittals: Written and graphic information and physical samples that require Engineer's responsive action. Action submittals are those submittals indicated in individual Specification Sections as action submittals.
B.
Informational Submittals: Written and graphic information and physical samples that do not require Engineer's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as informational submittals.
C.
Portable Document Format (PDF): An open standard file format licensed by Adobe Systems used for representing documents in a device-independent and display resolution-independent fixed-layout document format.
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1.4 A.
ACTION SUBMITTALS Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or modifications to submittals noted by the Engineer and additional time for handling and reviewing submittals required by those corrections. 1. 2.
3.
Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule. Initial Submittal: Submit concurrently with start-up construction schedule. Include submittals required during the first 60 days of construction. List those submittals required to maintain orderly progress of the Work and those required early because of long lead time for manufacture or fabrication. Final Submittal: Submit concurrently with the first complete submittal of Contractor's construction schedule. a.
1.5
Submit revised submittal schedule to reflect changes in current status and timing for submittals.
SUBMITTAL ADMINISTRATIVE REQUIREMENTS
A.
Engineer's Digital Data Files: Electronic copies of CAD Drawings of the Contract Drawings will not be provided by Engineer for Contractor's use in preparing submittals.
B.
Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. 2. 3.
Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a.
C.
Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.
Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Engineer's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals.
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1. 2. 3. 4. 5.
D.
Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Engineer will advise Contractor when a submittal being processed must be delayed for coordination. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. Resubmittal Review: Allow 15 days for review of each resubmittal. Sequential Review: Where sequential review of submittals by Engineer's consultants, Owner, or other parties is indicated, allow 21 days for initial review of each submittal. Concurrent Consultant Review: Where the Contract Documents indicate that submittals may be transmitted simultaneously to Engineer and to Engineer's consultants, allow 15 days for review of each submittal. Submittal will be returned to Engineer before being returned to Contractor.
Identification and Information: Place a permanent label or title block on each paper copy submittal item for identification. 1. 2. 3.
Indicate name of firm or entity that prepared each submittal on label or title block. Provide a space on label or beside title block to record Contractor's review and approval markings and action taken by Engineer. Include the following information for processing and recording action taken: a. b. c. d. e. f. g. h. i.
Project name. Date. Name of Engineer. Name of Construction Manager. Name of Contractor. Name of subcontractor. Name of supplier. Name of manufacturer. Submittal number or other unique identifier, including revision identifier. 1)
j. k. l. m.
Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., 061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., 061000.01.A).
Number and title of appropriate Specification Section. Drawing number and detail references, as appropriate. Location(s) where product is to be installed, as appropriate. Other necessary identification.
E.
Options: Identify options requiring selection by the Engineer.
F.
Deviations: Identify deviations from the Contract Documents on submittals.
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G.
Additional Paper Copies: Unless additional copies are required for final submittal, and unless Engineer observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. 1.
H.
Submit one copy of submittal to concurrent reviewer in addition to specified number of copies to Engineer.
Transmittal: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Engineer will return submittals, without review, received from sources other than Contractor. 1.
Transmittal Form: Provide area on form for the following information: a. b. c. d. e. f. g. h. i. j. k. l. m. n.
2.
I.
On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Engineer on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal.
Resubmittals: submittal. 1. 2. 3.
J.
Project name. Date. Destination (To:). Source (From:). Names of subcontractor, manufacturer, and supplier. Category and type of submittal. Submittal purpose and description. Specification Section number and title. Indication of full or partial submittal. Drawing number and detail references, as appropriate. Transmittal number. Submittal and transmittal distribution record. Remarks. Signature of transmitter.
Make resubmittals in same form and number of copies as initial
Note date and content of previous submittal. Note date and content of revision in label or title block and clearly indicate extent of revision. Resubmit submittals until they are marked with approval notation from Engineer's action stamp.
Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms.
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K.
Use for Construction: Use only final submittals that are marked with approval notation from Engineer's action stamp.
PART 2 - PRODUCTS 2.1 A.
SUBMITTAL PROCEDURES General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1. 2. 3. 4.
Action Submittals: Submit five (5) paper copies of each submittal, unless otherwise indicated. Engineer will return two (2) copies. Informational Submittals: Submit three (3) paper copies of each submittal, unless otherwise indicated. Engineer will not return copies. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Division 01 Section "Closeout Procedures." Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a.
5. B.
Provide a notarized statement on original paper copy certificates and certifications where indicated.
Test and Inspection Reports Submittals: Comply with requirements specified in Division 01 Section "Quality Requirements."
Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. 2. 3.
If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. Mark each copy of each submittal to show which products and options are applicable. Include the following information, as applicable: a. b. c. d. e. f. g. h.
Manufacturer's catalog cuts. Manufacturer's product specifications. Standard color charts. Statement of compliance with specified referenced standards. Testing by recognized testing agency. Application of testing agency labels and seals. Notation of coordination requirements. Availability and delivery time information.
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4.
For equipment, include the following in addition to the above, as applicable: a. b. c. d.
5. 6.
if
not
indicated
on
Submit Product Data before or concurrent with Samples. Submit Product Data in the following format: a.
C.
Wiring diagrams showing factory-installed wiring. Printed performance curves. Operational range diagrams. Clearances required to other construction, accompanying Shop Drawings.
Five (5) paper copies of Product Data, unless otherwise indicated. Engineer will return two copies.
Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1.
Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. b. c. d. e. f. g.
2. 3.
Identification of products. Schedules. Compliance with specified standards. Notation of coordination requirements. Notation of dimensions established by field measurement. Relationship and attachment to adjoining construction clearly indicated. Seal and signature of professional engineer if specified.
Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 30 by 42 inches. Submit Shop Drawings in the following format: a.
Six (6) opaque copies of each submittal. copies.
Engineer will return two (2)
D.
Contractor's Construction Schedule: Comply with requirements specified in Division 01 Section "Construction Progress Documentation."
E.
Application for Payment: Comply with requirements specified in Division 01 Section "Payment Procedures."
F.
Schedule of Values: Comply with requirements specified in Division 01 Section "Payment Procedures."
G.
Coordination Drawings: Comply with requirements specified in Division 01 Section "Project Management and Coordination."
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H.
Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of Engineers and owners, and other information specified.
I.
Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required.
J.
Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents.
K.
Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents.
L.
Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents.
M.
Product Test Reports: Submit written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency.
N.
Schedule of Tests and Inspections: Comply with requirements specified in Division 01 Section "Quality Requirements."
O.
Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents.
P.
Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion.
Q.
Field Test Reports: Submit reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents.
R.
Maintenance Data: Comply with requirements specified in Division 01 Section "Operation and Maintenance Data."
S.
Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design
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criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. PART 3 - EXECUTION 3.1
CONTRACTOR'S REVIEW
A.
Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Engineer.
B.
Project Closeout and Maintenance/Material Submittals: Division 01 Section "Closeout Procedures."
C.
Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents.
3.2
Refer to requirements in
ENGINEER'S ACTION
A.
General: Engineer will not review submittals that do not bear Contractor's approval stamp and will return them without action.
B.
Action Submittals: Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action.
C.
Informational Submittals: Engineer will review each submittal and will not return it, or will return it if it does not comply with requirements. Engineer will forward each submittal to appropriate party.
D.
Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Engineer.
E.
Incomplete submittals are not acceptable, will be considered nonresponsive, and will be returned without review.
F.
Submittals not required by the Contract Documents may not be reviewed and may be discarded.
END OF SECTION 013300
SUBMITTAL PROCEDURES
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SECTION 014000 - QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for quality assurance and quality control.
B.
Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. 2. 3.
C.
Related Sections: 1. 2. 3.
1.3
Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and -control procedures that facilitate compliance with the Contract Document requirements. Requirements for Contractor to provide quality-assurance and -control services required by Engineer, Owner, or authorities having jurisdiction are not limited by provisions of this Section.
Division 01 Section "Allowances" for testing and inspecting allowances. Division 01 Section "Construction Progress Documentation" for developing a schedule of required tests and inspections. Divisions 02 through 33 Sections for specific test and inspection requirements.
DEFINITIONS
A.
Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements.
B.
Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the
QUALITY REQUIREMENTS
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Meter Replacement Project Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Engineer. C.
Preconstruction Testing: Tests and inspections performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria.
D.
Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements.
E.
Source Quality-Control Testing: Tests and inspections that are performed at the source, i.e., plant, mill, factory, or shop.
F.
Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work.
G.
Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency.
H.
Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations.
I.
Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five (5) previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction.
1.4
CONFLICTING REQUIREMENTS
A.
Referenced Standards: If compliance with two (2) or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Engineer for a decision before proceeding.
B.
Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicate numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Engineer for a decision before proceeding.
QUALITY REQUIREMENTS
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INFORMATIONAL SUBMITTALS
A.
Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority.
B.
Schedule of Tests and Inspections: Prepare in tabular form and include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9.
1.6 A.
REPORTS AND DOCUMENTS Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.
B.
Specification Section number and title. Entity responsible for performing tests and inspections. Description of test and inspection. Identification of applicable standards. Identification of test and inspection methods. Number of tests and inspections required. Time schedule or time span for tests and inspections. Requirements for obtaining samples. Unique characteristics of each quality-control service.
Date of issue. Project title and number. Name, address, and telephone number of testing agency. Dates and locations of samples and tests or inspections. Names of individuals making tests and inspections. Description of the Work and test and inspection method. Identification of product and Specification Section. Complete test or inspection data. Test and inspection results and an interpretation of test results. Record of temperature and weather conditions at time of sample taking and testing and inspecting. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. Name and signature of laboratory inspector. Recommendations on retesting and reinspecting.
Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following: 1. 2.
Name, address, and telephone number of technical representative making report. Statement on condition of substrates and their acceptability for installation of product.
QUALITY REQUIREMENTS
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Meter Replacement Project 3. 4. 5. 6. 7. C.
Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following: 1. 2. 3. 4. 5.
D.
1.7
Statement that products at Project site comply with requirements. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. Results of operational and other tests and a statement of whether observed performance complies with requirements. Statement whether conditions, products, and installation will affect warranty. Other required items indicated in individual Specification Sections.
Name, address, and telephone number of factory-authorized service representative making report. Statement that equipment complies with requirements. Results of operational and other tests and a statement of whether observed performance complies with requirements. Statement whether conditions, products, and installation will affect warranty. Other required items indicated in individual Specification Sections.
Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. QUALITY ASSURANCE
A.
General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements.
B.
Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.
C.
Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.
D.
Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance.
E.
Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those
QUALITY REQUIREMENTS
014000 - 4
Meter Replacement Project performed for installations of the system, assembly, or products that are similar to those indicated for this Project in material, design, and extent. F.
Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329; and with additional qualifications specified in individual Sections; and where required by authorities having jurisdiction, that is acceptable to authorities. 1. 2.
NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program.
G.
Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.
H.
Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.
1.8 A.
QUALITY CONTROL Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. 1. 2.
B.
Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor.
Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not. 1.
2.
Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a.
Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner.
QUALITY REQUIREMENTS
014000 - 5
Meter Replacement Project 3. 4. 5. 6.
Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct.
C.
Manufacturer's Field Services: Where indicated, Contractor shall engage a factoryauthorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Division 01 Section "Submittal Procedures."
D.
Manufacturer's Technical Services: Where indicated, Contractor shall engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports.
E.
Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, Contractor shall provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents.
F.
Testing Agency Responsibilities: Cooperate with Engineer and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. 2. 3. 4. 5. 6.
G.
Notify Engineer and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. Determine the location from which test samples will be taken and in which in-situ tests are conducted. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. Do not perform any duties of Contractor.
Associated Services: Contractor shall cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. 2.
Access to the Work. Incidental labor and facilities necessary to facilitate tests and inspections.
QUALITY REQUIREMENTS
014000 - 6
Meter Replacement Project 3. 4. 5. 6. H.
Coordination: Contractor shall coordinate sequence of activities to accommodate required quality-assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1.
I.
Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. Facilities for storage and field curing of test samples. Preliminary design mix proposed for use for material mixes that require control by testing agency. Security and protection for samples and for testing and inspecting equipment at Project site.
Schedule times for tests, inspections, obtaining samples, and similar activities.
Schedule of Tests and Inspections: Contractor shall prepare a schedule of tests, inspections, and similar quality-control services required by the Contract Documents. Coordinate and submit concurrently with Contractor's construction schedule. Update as the Work progresses. 1.
Distribution: Distribute schedule to Owner, Engineer, testing agencies, and each party involved in performance of portions of the Work where tests and inspections are required.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 A.
TEST AND INSPECTION LOG Prepare a record of tests and inspections. Include the following: 1. 2. 3. 4.
B.
3.2 A.
Date test or inspection was conducted. Description of the Work tested or inspected. Date test or inspection results were transmitted to Engineer. Identification of testing agency or special inspector conducting test or inspection.
Maintain log at Project site. Post changes and modifications as they occur. Provide access to test and inspection log for Engineer's reference during normal working hours. REPAIR AND PROTECTION General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes.
QUALITY REQUIREMENTS
014000 - 7
Meter Replacement Project 1.
Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Division 01 Section "Execution."
B.
Protect construction exposed by or for quality-control service activities.
C.
Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services.
END OF SECTION 014000
QUALITY REQUIREMENTS
014000 - 8
Meter Replacement Project
SECTION 014200 - REFERENCES PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. DEFINITIONS
A.
General: Basic Contract definitions are included in the Conditions of the Contract.
B.
"Approved": When used to convey Engineer's action on Contractor's submittals, applications, and requests, "approved" is limited to Engineer's duties and responsibilities as stated in the Conditions of the Contract.
C.
"Directed": A command or instruction by Engineer. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed."
D.
"Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated."
E.
"Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work.
F.
"Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations.
G.
"Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations.
H.
"Provide": Furnish and install, complete and ready for the intended use.
I.
"Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built.
REFERENCES
014200 - 1
Meter Replacement Project
1.3
INDUSTRY STANDARDS
A.
Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference.
B.
Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated.
C.
Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1.
1.4 A.
Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source.
ABBREVIATIONS AND ACRONYMS Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents.
AA
Aluminum Association, Inc. (The) www.aluminum.org
(703) 358-2960
AAADM
American Association of Automatic Door Manufacturers www.aaadm.com
(216) 241-7333
AABC
Associated Air Balance Council www.aabchq.com
(202) 737-0202
AAMA
American Engineerural Manufacturers Association www.aamanet.org
(847) 303-5664
AASHTO
American Association of State Highway and Transportation Officials www.transportation.org
(202) 624-5800
AATCC
American Association of Textile Chemists and Colorists www.aatcc.org
(919) 549-8141
ABAA
Air Barrier Association of America www.airbarrier.org
(866) 956-5888
REFERENCES
014200 - 2
Meter Replacement Project
ABMA
American Bearing Manufacturers Association www.abma-dc.org
(202) 367-1155
ACI
American Concrete Institute www.concrete.org
(248) 848-3700
ACPA
American Concrete Pipe Association www.concrete-pipe.org
(972) 506-7216
AEIC
Association of Edison Illuminating Companies, Inc. (The) www.aeic.org
(205) 257-2530
AF&PA
American Forest & Paper Association www.afandpa.org
(800) 878-8878 (202) 463-2700
AGA
American Gas Association www.aga.org
(202) 824-7000
AGC
Associated General Contractors of America (The) www.agc.org
(703) 548-3118
AHA
American Hardboard Association (Now part of CPA)
AHAM
Association of Home Appliance Manufacturers www.aham.org
(202) 872-5955
AI
Asphalt Institute www.asphaltinstitute.org
(859) 288-4960
AIA
American Institute of Engineers (The) www.aia.org
(800) 242-3837 (202) 626-7300
AISC
American Institute of Steel Construction www.aisc.org
(800) 644-2400 (312) 670-2400
AISI
American Iron and Steel Institute www.steel.org
(202) 452-7100
AITC
American Institute of Timber Construction www.aitc-glulam.org
(303) 792-9559
ALCA
Associated Landscape Contractors of America (Now PLANET - Professional Landcare Network)
ALSC
American Lumber Standard Committee, Incorporated www.alsc.org
REFERENCES
(301) 972-1700
014200 - 3
Meter Replacement Project
AMCA
Air Movement and Control Association International, Inc. www.amca.org
(847) 394-0150
ANSI
American National Standards Institute www.ansi.org
(202) 293-8020
AOSA
Association of Official Seed Analysts, Inc. www.aosaseed.com
(405) 780-7372
APA
Engineerural Precast Association www.archprecast.org
(239) 454-6989
APA
APA - The Engineered Wood Association www.apawood.org
(253) 565-6600
APA EWS
APA - The Engineered Wood Association; Engineered Wood Systems (See APA - The Engineered Wood Association)
API
American Petroleum Institute www.api.org
(202) 682-8000
ARI
Air-Conditioning & Refrigeration Institute www.ari.org
(703) 524-8800
ARMA
Asphalt Roofing Manufacturers Association www.asphaltroofing.org
(202) 207-0917
ASCE
American Society of Civil Engineers www.asce.org
(800) 548-2723 (703) 295-6300
ASCE/SEI
American Society of Civil Engineers/Structural Engineering Institute (See ASCE)
ASHRAE
American Society of Heating, Refrigerating and AirConditioning Engineers www.ashrae.org
(800) 527-4723 (404) 636-8400
ASME
ASME International (American Society of Mechanical Engineers International) www.asme.org
(800) 843-2763 (973) 882-1170
ASSE
American Society of Sanitary Engineering www.asse-plumbing.org
(440) 835-3040
REFERENCES
014200 - 4
Meter Replacement Project
ASTM
ASTM International (American Society for Testing and Materials International) www.astm.org
(610) 832-9500
AWCI
Association of the Wall and Ceiling Industry www.awci.org
(703) 534-8300
AWCMA
American Window Covering Manufacturers Association (Now WCMA)
AWI
Engineerural Woodwork Institute www.awinet.org
(571) 323-3636
AWPA
American Wood Protection Association (Formerly: American Wood Preservers' Association) www.awpa.com
(205) 733-4077
AWS
American Welding Society www.aws.org
(800) 443-9353 (305) 443-9353
AWWA
American Water Works Association www.awwa.org
(800) 926-7337 (303) 794-7711
BHMA
Builders Hardware Manufacturers Association www.buildershardware.com
(212) 297-2122
BIA
Brick Industry Association (The) www.bia.org
(703) 620-0010
BICSI
BICSI, Inc. www.bicsi.org
(800) 242-7405 (813) 979-1991
BIFMA
BIFMA International (Business and Institutional Furniture Manufacturer's Association International) www.bifma.com
(616) 285-3963
BISSC
Baking Industry Sanitation Standards Committee www.bissc.org
(866) 342-4772
BWF
Badminton World Federation (Formerly: IBF - International Badminton Federation) www.internationalbadminton.org
6-03-9283 7155
CCC
Carpet Cushion Council www.carpetcushion.org
(610) 527-3880
REFERENCES
014200 - 5
Meter Replacement Project
CDA
Copper Development Association www.copper.org
(800) 232-3282 (212) 251-7200
CEA
Canadian Electricity Association www.canelect.ca
(613) 230-9263
CEA
Consumer Electronics Association www.ce.org
(866) 858-1555 (703) 907-7600
CFFA
Chemical Fabrics & Film Association, Inc. www.chemicalfabricsandfilm.com
(216) 241-7333
CGA
Compressed Gas Association www.cganet.com
(703) 788-2700
CIMA
Cellulose Insulation Manufacturers Association www.cellulose.org
(888) 881-2462 (937) 222-2462
CISCA
Ceilings & Interior Systems Construction Association www.cisca.org
(630) 584-1919
CISPI
Cast Iron Soil Pipe Institute www.cispi.org
(423) 892-0137
CLFMI
Chain Link Fence Manufacturers Institute www.chainlinkinfo.org
(301) 596-2583
CRRC
Cool Roof Rating Council www.coolroofs.org
(866) 465-2523 (510) 485-7175
CPA
Composite Panel Association www.pbmdf.com
(301) 670-0604
CPPA
Corrugated Polyethylene Pipe Association www.cppa-info.org
(800) 510-2772 (202) 462-9607
CRI
Carpet and Rug Institute (The) www.carpet-rug.com
(800) 882-8846 (706) 278-3176
CRSI
Concrete Reinforcing Steel Institute www.crsi.org
(847) 517-1200
CSA
Canadian Standards Association
(800) 463-6727 (416) 747-4000
CSA
CSA International (Formerly: IAS - International Approval Services)
(866) 797-4272 (416) 747-4000
REFERENCES
014200 - 6
Meter Replacement Project
www.csa-international.org CSI
Cast Stone Institute www.caststone.org
(717) 272-3744
CSI
Construction Specifications Institute (The) www.csinet.org
(800) 689-2900 (703) 684-0300
CSSB
Cedar Shake & Shingle Bureau www.cedarbureau.org
(604) 820-7700
CTI
Cooling Technology Institute (Formerly: Cooling Tower Institute) www.cti.org
(281) 583-4087
DHI
Door and Hardware Institute www.dhi.org
(703) 222-2010
EIA
Electronic Industries Alliance www.eia.org
(703) 907-7500
EIMA
EIFS Industry Members Association www.eima.com
(800) 294-3462 (770) 968-7945
EJCDC
Engineers Joint Contract Documents Committee www.ejdc.org
(703) 295-5000
EJMA
Expansion Joint Manufacturers Association, Inc. www.ejma.org
(914) 332-0040
ESD
ESD Association (Electrostatic Discharge Association) www.esda.org
(315) 339-6937
ETL SEMCO
Intertek ETL SEMCO (Formerly: ITS - Intertek Testing Service NA) www.intertek.com
(800) 967-5352
FIBA
Federation Internationale de Basketball (The International Basketball Federation) www.fiba.com
41 22 545 00 00
FIVB
Federation Internationale de Volleyball (The International Volleyball Federation) www.fivb.ch
41 21 345 35 35
FM Approvals
FM Approvals LLC
(781) 762-4300
REFERENCES
014200 - 7
Meter Replacement Project
www.fmglobal.com FM Global
FM Global (Formerly: FMG - FM Global) www.fmglobal.com
FMRC
Factory Mutual Research (Now FM Global)
FRSA
Florida Roofing, Sheet Metal & Air Conditioning Contractors Association, Inc. www.floridaroof.com
(407) 671-3772
FSA
Fluid Sealing Association www.fluidsealing.com
(610) 971-4850
FSC
Forest Stewardship Council www.fsc.org
49 228 367 66 0
GA
Gypsum Association www.gypsum.org
(202) 289-5440
GANA
Glass Association of North America www.glasswebsite.com
(785) 271-0208
GRI
(Part of GSI)
GS
Green Seal www.greenseal.org
(202) 872-6400
GSI
Geosynthetic Institute www.geosynthetic-institute.org
(610) 522-8440
HI
Hydraulic Institute www.pumps.org
(973) 267-9700
HI
Hydronics Institute www.gamanet.org
(908) 464-8200
HMMA
Hollow Metal Manufacturers Association (Part of NAAMM)
HPVA
Hardwood Plywood & Veneer Association www.hpva.org
(703) 435-2900
HPW
H. P. White Laboratory, Inc. www.hpwhite.com
(410) 838-6550
REFERENCES
(401) 275-3000
014200 - 8
Meter Replacement Project
IAS
International Approval Services (Now CSA International)
IBF
International Badminton Federation (Now BWF)
ICEA
Insulated Cable Engineers Association, Inc. www.icea.net
(770) 830-0369
ICRI
International Concrete Repair Institute, Inc. www.icri.org
(847) 827-0830
IEC
International Electrotechnical Commission www.iec.ch
41 22 919 02 11
IEEE
Institute of Electrical and Electronics Engineers, Inc. (The) www.ieee.org
(212) 419-7900
IESNA
Illuminating Engineering Society of North America www.iesna.org
(212) 248-5000
IEST
Institute of Environmental Sciences and Technology www.iest.org
(847) 255-1561
IGCC
Insulating Glass Certification Council www.igcc.org
(315) 646-2234
IGMA
Insulating Glass Manufacturers Alliance www.igmaonline.org
(613) 233-1510
ILI
Indiana Limestone Institute of America, Inc. www.iliai.com
(812) 275-4426
ISO
International Organization for Standardization www.iso.ch
41 22 749 01 11
Available from ANSI www.ansi.org
(202) 293-8020
ISSFA
International Solid Surface Fabricators Association www.issfa.net
(877) 464-7732 (702) 567-8150
ITS
Intertek Testing Service NA (Now ETL SEMCO)
ITU
International Telecommunication Union
REFERENCES
41 22 730 51 11
014200 - 9
Meter Replacement Project
www.itu.int/home KCMA
Kitchen Cabinet Manufacturers Association www.kcma.org
LMA
Laminating Materials Association (Now part of CPA)
LPI
Lightning Protection Institute www.lightning.org
(800) 488-6864
MBMA
Metal Building Manufacturers Association www.mbma.com
(216) 241-7333
MFMA
Maple Flooring Manufacturers Association, Inc. www.maplefloor.org
(888) 480-9138
MFMA
Metal Framing Manufacturers Association, Inc. www.metalframingmfg.org
(312) 644-6610
MH
Material Handling (Now MHIA)
MHIA
Material Handling Industry of America www.mhia.org
(800) 345-1815 (704) 676-1190
MIA
Marble Institute of America www.marble-institute.com
(440) 250-9222
MPI
Master Painters Institute www.paintinfo.com
(888) 674-8937 (604) 298-7578
MSS
Manufacturers Standardization Society of The Valve and Fittings Industry Inc. www.mss-hq.com
(703) 281-6613
NAAMM
National Association of Engineerural Metal Manufacturers www.naamm.org
(630) 942-6591
NACE
NACE International (800) 797-6623 (National Association of Corrosion Engineers International) (281) 228-6200 www.nace.org
NADCA
National Air Duct Cleaners Association www.nadca.com
(202) 737-2926
NAGWS
National Association for Girls and Women in Sport
(800) 213-7193,
REFERENCES
(703) 264-1690
014200 - 10
Meter Replacement Project
ext. 453 www.aahperd.org/nagws/ NAIMA
North American Insulation Manufacturers Association www.naima.org
(703) 684-0084
NBGQA
National Building Granite Quarries Association, Inc. www.nbgqa.com
(800) 557-2848
NCAA
National Collegiate Athletic Association (The) www.ncaa.org
(317) 917-6222
NCMA
National Concrete Masonry Association www.ncma.org
(703) 713-1900
NCPI
National Clay Pipe Institute www.ncpi.org
(262) 248-9094
NCTA
National Cable & Telecommunications Association www.ncta.com
(202) 775-2300
NEBB
National Environmental Balancing Bureau www.nebb.org
(301) 977-3698
NECA
National Electrical Contractors Association www.necanet.org
(301) 657-3110
NeLMA
Northeastern Lumber Manufacturers' Association www.nelma.org
(207) 829-6901
NEMA
National Electrical Manufacturers Association www.nema.org
(703) 841-3200
NETA
InterNational Electrical Testing Association www.netaworld.org
(888) 300-6382 (269) 488-6382
NFHS
National Federation of State High School Associations www.nfhs.org
(317) 972-6900
NFPA
NFPA (National Fire Protection Association) www.nfpa.org
(800) 344-3555 (617) 770-3000
NFRC
National Fenestration Rating Council www.nfrc.org
(301) 589-1776
NGA
National Glass Association
(866) 342-5642
REFERENCES
014200 - 11
Meter Replacement Project
www.glass.org
(703) 442-4890
NHLA
National Hardwood Lumber Association www.natlhardwood.org
(800) 933-0318 (901) 377-1818
NLGA
National Lumber Grades Authority www.nlga.org
(604) 524-2393
NOFMA
NOFMA: The Wood Flooring Manufacturers Association (Formerly: National Oak Flooring Manufacturers Association) www.nofma.com
(901) 526-5016
NOMMA
National Ornamental & Miscellaneous Metals Association www.nomma.org
(888) 516-8585
NRCA
National Roofing Contractors Association www.nrca.net
(800) 323-9545 (847) 299-9070
NRMCA
National Ready Mixed Concrete Association www.nrmca.org
(888) 846-7622 (301) 587-1400
NSF
NSF International (National Sanitation Foundation International) www.nsf.org
(800) 673-6275 (734) 769-8010
NSSGA
National Stone, Sand & Gravel Association www.nssga.org
(800) 342-1415 (703) 525-8788
NTMA
National Terrazzo & Mosaic Association, Inc. (The) www.ntma.com
(800) 323-9736 (540) 751-0930
NTRMA
National Tile Roofing Manufacturers Association (Now TRI)
NWWDA
National Wood Window and Door Association (Now WDMA)
OPL
Omega Point Laboratories, Inc. (Now ITS)
PCI
Precast/Prestressed Concrete Institute www.pci.org
(312) 786-0300
PDCA
Painting & Decorating Contractors of America www.pdca.com
(800) 332-7322 (314) 514-7322
REFERENCES
014200 - 12
Meter Replacement Project
PDI
Plumbing & Drainage Institute www.pdionline.org
(800) 589-8956 (978) 557-0720
PGI
PVC Geomembrane Institute http://pgi-tp.ce.uiuc.edu
(217) 333-3929
PLANET
Professional Landcare Network (Formerly: ACLA - Associated Landscape Contractors of America) www.landcarenetwork.org
(800) 395-2522 (703) 736-9666
PTI
Post-Tensioning Institute www.post-tensioning.org
(602) 870-7540
RCSC
Research Council on Structural Connections www.boltcouncil.org
RFCI
Resilient Floor Covering Institute www.rfci.com
(301) 340-8580
RIS
Redwood Inspection Service www.redwoodinspection.com
(888) 225-7339 (415) 382-0662
SAE
SAE International www.sae.org
(877) 606-7323 (724) 776-4841
SDI
Steel Deck Institute www.sdi.org
(847) 458-4647
SDI
Steel Door Institute www.steeldoor.org
(440) 899-0010
SEFA
Scientific Equipment and Furniture Association www.sefalabs.com
(877) 294-5424 (516) 294-5424
SEI/ASCE
Structural Engineering Institute/American Society of Civil Engineers (See ASCE)
SGCC
Safety Glazing Certification Council www.sgcc.org
(315) 646-2234
SIA
Security Industry Association www.siaonline.org
(866) 817-8888 (703) 683-2075
SIGMA
Sealed Insulating Glass Manufacturers Association (Now IGMA)
REFERENCES
014200 - 13
Meter Replacement Project
SJI
Steel Joist Institute www.steeljoist.org
(843) 626-1995
SMA
Screen Manufacturers Association www.smacentral.org
(561) 533-0991
SMACNA
Sheet Metal and Air Conditioning Contractors' National Association www.smacna.org
(703) 803-2980
SMPTE
Society of Motion Picture and Television Engineers www.smpte.org
(914) 761-1100
SPFA
Spray Polyurethane Foam Alliance (Formerly: SPI/SPFD - The Society of the Plastics Industry, Inc.; Spray Polyurethane Foam Division) www.sprayfoam.org
(800) 523-6154
SPIB
Southern Pine Inspection Bureau (The) www.spib.org
(850) 434-2611
SPRI
Single Ply Roofing Industry www.spri.org
(781) 647-7026
SSINA
Specialty Steel Industry of North America www.ssina.com
(800) 982-0355 (202) 342-8630
SSPC
SSPC: The Society for Protective Coatings www.sspc.org
(877) 281-7772 (412) 281-2331
STI
Steel Tank Institute www.steeltank.com
(847) 438-8265
SWI
Steel Window Institute www.steelwindows.com
(216) 241-7333
SWRI
Sealant, Waterproofing, & Restoration Institute www.swrionline.org
(816) 472-7974
TCA
Tile Council of America, Inc. (Now TCNA)
TCNA
Tile Council of North America, Inc. www.tileusa.com
(864) 646-8453
TIA/EIA
Telecommunications Industry Association/Electronic
(703) 907-7700
REFERENCES
014200 - 14
Meter Replacement Project
Industries Alliance www.tiaonline.org TMS
The Masonry Society www.masonrysociety.org
(303) 939-9700
TPI
Truss Plate Institute, Inc. www.tpinst.org
(703) 683-1010
TPI
Turfgrass Producers International www.turfgrasssod.org
(800) 405-8873 (847) 649-5555
TRI
Tile Roofing Institute www.tileroofing.org
(312) 670-4177
UL
Underwriters Laboratories Inc. www.ul.com
(877) 854-3577 (847) 272-8800
UNI
Uni-Bell PVC Pipe Association www.uni-bell.org
(972) 243-3902
USAV
USA Volleyball www.usavolleyball.org
(888) 786-5539 (719) 228-6800
USGBC
U.S. Green Building Council www.usgbc.org
(800) 795-1747
USITT
United States Institute for Theatre Technology, Inc. www.usitt.org
(800) 938-7488 (315) 463-6463
WASTEC
Waste Equipment Technology Association www.wastec.org
(800) 424-2869 (202) 244-4700
WCLIB
West Coast Lumber Inspection Bureau www.wclib.org
(800) 283-1486 (503) 639-0651
WCMA
Window Covering Manufacturers Association www.wcmanet.org
(212) 297-2122
WCSC
Window Covering Safety Council (Formerly: WCMA - Window Covering Manufacturers Association) www.windowcoverings.org
(800) 506-4636 (212) 297-2109
WDMA
Window & Door Manufacturers Association (Formerly: NWWDA - National Wood Window and Door Association)
(800) 223-2301 (847) 299-5200
REFERENCES
014200 - 15
Meter Replacement Project
www.wdma.com WI
Woodwork Institute (Formerly: WIC - Woodwork Institute of California) www.wicnet.org
WIC
Woodwork Institute of California (Now WI)
WMMPA
Wood Moulding & Millwork Producers Association www.wmmpa.com
(800) 550-7889 (530) 661-9591
WSRCA
Western States Roofing Contractors Association www.wsrca.com
(800) 725-0333 (650) 570-5441
WWPA
Western Wood Products Association www.wwpa.org
(503) 224-3930
B.
(916) 372-9943
Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents.
IAPMO
International Association of Plumbing and Mechanical Officials www.iapmo.org
(909) 472-4100
ICC
International Code Council www.iccsafe.org
(888) 422-7233
ICC-ES
ICC Evaluation Service, Inc. www.icc-es.org
(800) 423-6587 (562) 699-0543
UBC
Uniform Building Code (See ICC)
C.
Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents.
CE
Army Corps of Engineers www.usace.army.mil
(202) 761-0011
CPSC
Consumer Product Safety Commission www.cpsc.gov
(800) 638-2772 (301) 504-7923
DOC
Department of Commerce
(202) 482-2000
REFERENCES
014200 - 16
Meter Replacement Project
www.commerce.gov DOD
Department of Defense http://.dodssp.daps.dla.mil
(215) 697-6257
DOE
Department of Energy www.energy.gov
(202) 586-9220
EPA
Environmental Protection Agency www.epa.gov
(202) 272-0167
FAA
Federal Aviation Administration www.faa.gov
(866) 835-5322
FCC
Federal Communications Commission www.fcc.gov
(888) 225-5322
FDA
Food and Drug Administration www.fda.gov
(888) 463-6332
GSA
General Services Administration www.gsa.gov
(800) 488-3111
HUD
Department of Housing and Urban Development www.hud.gov
(202) 708-1112
LBL
Lawrence Berkeley National Laboratory www.lbl.gov
(510) 486-4000
NCHR P
National Cooperative Highway Research Program (See TRB)
NIST
National Institute of Standards and Technology www.nist.gov
(301) 975-6478
OSHA
Occupational Safety & Health Administration www.osha.gov
(800) 321-6742 (202) 693-1999
PBS
Public Buildings Service (See GSA)
PHS
Office of Public Health and Science www.osophs.dhhs.gov/ophs
(202) 690-7694
RUS
Rural Utilities Service (See USDA)
(202) 720-9540
REFERENCES
014200 - 17
Meter Replacement Project
SD
State Department www.state.gov
(202) 647-4000
TRB
Transportation Research Board http://gulliver.trb.org
(202) 334-2934
USDA
Department of Agriculture www.usda.gov
(202) 720-2791
USPS
Postal Service www.usps.com
(202) 268-2000
D.
Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents.
ADAAG
Americans with Disabilities Act (ADA) Engineerural Barriers Act (ABA) Accessibility Guidelines for Buildings and Facilities Available from U.S. Access Board www.access-board.gov
(800) 872-2253 (202) 272-0080
CFR
Code of Federal Regulations Available from Government Printing Office www.gpoaccess.gov/cfr/index.html
(866) 512-1800 (202) 512-1800
DOD
Department of Defense Military Specifications and Standards (215) 697-2664 Available from Department of Defense Single Stock Point http://dodssp.daps.dla.mil
DSCC
Defense Supply Center Columbus (See FS)
FED-STD
Federal Standard (See FS)
FS
Federal Specification Available from Department of Defense Single Stock Point http://dodssp.daps.dla.mil
(215) 697-2664
Available from Defense Standardization Program www.dps.dla.mil Available from General Services Administration
REFERENCES
(202) 619-8925
014200 - 18
Meter Replacement Project
www.gsa.gov Available from National Institute of Building Sciences www.wbdg.org/ccb FTMS
Federal Test Method Standard (See FS)
MIL
(See MILSPEC)
MIL-STD
(See MILSPEC)
(202) 289-7800
MILSPEC Military Specification and Standards Available from Department of Defense Single Stock Point http://dodssp.daps.dla.mil
(215) 697-2664
UFAS
(800) 872-2253 (202) 272-0080
Uniform Federal Accessibility Standards Available from Access Board www.access-board.gov
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 014200
REFERENCES
014200 - 19
Meter Replacement Project
SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes requirements for temporary utilities, support facilities, and security and protection facilities.
B.
Related Sections: 1. 2. 3.
1.3
Division 01 Section "Summary" for work restrictions and limitations on utility interruptions. Division 31 Section "Dewatering" for disposal of ground water at Project site. Division 32 Section "Concrete Paving" for construction and maintenance of cement concrete pavement for temporary roads and paved areas.
USE CHARGES
A.
General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Engineer, testing agencies, and authorities having jurisdiction.
B.
Sewer Service: Pay sewer service use charges for sewer usage by all entities for construction operations.
C.
Water Service: Pay water service use charges for water used by all entities for construction operations.
D.
Electric Power Service: Pay electric power service use charges for electricity used by all entities for construction operations.
1.4 A.
INFORMATIONAL SUBMITTALS Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel.
TEMPORARY FACILITIES AND CONTROLS
015000 - 1
Meter Replacement Project
B.
1.5 A.
Erosion- and Sedimentation-Control Plan: Comply Sedimentation Control Plan for this project, if applicable.
with
the
Erosion
and
PROJECT CONDITIONS Temporary Use of Permanent Facilities: Engage installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities.
PART 2 - PRODUCTS 2.1 A.
EQUIPMENT Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures.
PART 3 - EXECUTION 3.1
INSTALLATION, GENERAL
A.
Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work.
B.
Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities.
3.2 A.
TEMPORARY UTILITY INSTALLATION General: Install temporary service or connect to existing service. 1.
Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services.
B.
Sewers and Drainage: Provide temporary utilities to remove effluent lawfully.
C.
Water Service: Install water service and distribution piping in sizes and pressures adequate for construction.
D.
Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having
TEMPORARY FACILITIES AND CONTROLS
015000 - 2
Meter Replacement Project
jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. E.
Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. 1.
3.3 A.
SUPPORT FACILITIES INSTALLATION General: Comply with the following: 1.
B.
2.
3.4
Protect existing site improvements to remain including curbs, pavement, and utilities. Maintain access for fire-fighting equipment and access to fire hydrants.
Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction. Maintain Project site, excavations, and construction free of water. 1.
D.
Maintain support facilities until Engineer schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner.
Traffic Controls: Comply with requirements of authorities having jurisdiction. 1.
C.
Install and operate temporary lighting that fulfills security and protection requirements without operating entire system.
Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining properties nor endanger permanent Work or temporary facilities.
Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with Division 01 Section "Execution" for progress cleaning requirements. SECURITY AND PROTECTION FACILITIES INSTALLATION
A.
Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects.
B.
Temporary Erosion and Sedimentation Control: Provide measures to prevent soil erosion and discharge of soil-bearing water runoff and airborne dust to undisturbed areas and to adjacent properties and walkways, according to erosion- and sedimentation-control Drawings.
TEMPORARY FACILITIES AND CONTROLS
015000 - 3
Meter Replacement Project
1. 2. 3.
Inspect, repair, and maintain erosion- and sedimentation-control measures during construction until permanent vegetation has been established. Clean, repair, and restore adjoining properties and roads affected by erosion and sedimentation from the project site during the course of the project. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal.
C.
Stormwater Control: Comply with requirements of authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains.
D.
Tree and Plant Protection: Comply with requirements specified in Division 01 Section "Temporary Tree and Plant Protection."
E.
Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting.
F.
Temporary Egress: Maintain temporary egress from existing occupied facilities as indicated and as required by authorities having jurisdiction.
3.5
OPERATION, TERMINATION, AND REMOVAL
A.
Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses.
B.
Maintenance: Maintain facilities in good operating condition until removal.
C.
Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion.
D.
Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.
END OF SECTION 015000
TEMPORARY FACILITIES AND CONTROLS
015000 - 4
Meter Replacement Project
SECTION 016000 - PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for selection of products for use in Project, product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products.
B.
Related Sections: 1. 2. 3. 4. 5.
1.3 A.
DEFINITIONS Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1.
2. 3.
B.
Division 01 Section "Allowances" for products selected under an allowance. Division 01 Section “Submittal Procedures” for product compliance review. Division 01 Section "Alternates" for products selected under an alternate. Division 01 Section "Substitution Procedures" for requests for substitutions. Division 01 Section "References" for applicable industry standards for products specified.
Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product.
Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of-design
PRODUCT REQUIREMENTS
016000 - 1
Meter Replacement Project product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification. 1.4 A.
ACTION SUBMITTALS Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. 2.
Include data to indicate compliance with the requirements specified in "Comparable Products" Article. Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within one (1) week of receipt of a comparable product request. Engineer will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. b.
B.
1.5 A.
1.6
Form of Approval: As specified in Division 01 Section "Submittal Procedures." Use product specified if Engineer does not issue a decision on use of a comparable product request within time allocated.
Basis-of-Design Product Specification Submittal: Comply with requirements in Division 01 Section "Submittal Procedures." Show compliance with requirements. QUALITY ASSURANCE Compatibility of Options: If Contractor is given option of selecting between two (2) or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. PRODUCT DELIVERY, STORAGE, AND HANDLING
A.
Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions.
B.
Delivery and Handling: 1. 2.
Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses.
PRODUCT REQUIREMENTS
016000 - 2
Meter Replacement Project 3. 4.
C.
Storage: 1. 2. 3. 4. 5.
1.7 A.
Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents.
2.
Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner.
Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. 1. 2. 3.
C.
Store products to allow for inspection and measurement of quantity or counting of units. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. Protect stored products from damage and liquids from freezing. Provide a secure location and enclosure at Project site for storage of materials and equipment.
PRODUCT WARRANTIES
1.
B.
Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected.
Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. Specified Form: When specified forms are included with the Specifications, prepare a written document using indicated form properly executed. Refer to Divisions 02 through 33 Sections for specific content requirements and particular requirements for submitting special warranties.
Submittal Time: Procedures."
PRODUCT REQUIREMENTS
Comply with requirements in Division 01 Section "Closeout
016000 - 3
Meter Replacement Project PART 2 - PRODUCTS 2.1 A.
PRODUCT SELECTION PROCEDURES General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. 1. 2. 3. 4. 5. 6.
B.
Product Selection Procedures: 1. 2.
3.
2.2 A.
Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents. Where products are accompanied by the term "as selected," Engineer will make selection. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products. Or Equal: For products specified by name and accompanied by the term "or equal," or "or approved equal," or "or approved," comply with requirements in "Comparable Products" Article to obtain approval for use of an unnamed product.
Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers.
COMPARABLE PRODUCTS Conditions for Consideration: Engineer will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Engineer may return requests without action, except to record noncompliance with these requirements:
PRODUCT REQUIREMENTS
016000 - 4
Meter Replacement Project 1. 2.
3. 4. 5.
Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. Evidence that proposed product provides specified warranty. List of similar installations for completed projects with project names and addresses and names and addresses of Engineers and owners, if requested. Samples, if requested.
PART 3 - EXECUTION (Not Used) END OF SECTION 016000
PRODUCT REQUIREMENTS
016000 - 5
Meter Replacement Project
SECTION 017300 - EXECUTION PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following: 1. 2. 3. 4. 5. 6. 7. 8.
B.
Related Sections: 1. 2.
1.3
Construction layout. Field engineering and surveying. Installation of the Work. Cutting and patching. Progress cleaning. Starting and adjusting. Protection of installed construction. Correction of the Work.
Division 01 Section "Submittal Procedures" for submitting surveys. Division 01 Section "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning.
DEFINITIONS
A.
Cutting: Removal of in-place construction necessary to permit installation or performance of other work.
B.
Patching: Fitting and repair work required to restore construction to original conditions after installation of other work.
EXECUTION
017300 - 1
Meter Replacement Project
1.4
QUALITY ASSURANCE
A.
Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land-surveying services of the kind indicated.
B.
Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products and equipment.
1.5 A.
WARRANTY Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties.
PART 2 - PRODUCTS 2.1
MATERIALS
A.
General: Comply with requirements specified in other Sections.
B.
In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. 1.
If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to the Engineer for the visual and functional performance of in-place materials.
PART 3 - EXECUTION 3.1 A.
EXAMINATION Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities, mechanical and electrical systems, and other construction affecting the Work. 1.
B.
Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; underground electrical services, and other utilities.
Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions for compliance with
EXECUTION
017300 - 2
Meter Replacement Project
requirements for installation tolerances and other conditions affecting performance. Record observations. 1. 2.
3.2
Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions.
PREPARATION
A.
Existing Utility Information: Furnish information to Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction.
B.
Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work.
C.
Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings.
D.
Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of the Contractor, submit a request for information to Engineer according to requirements in Division 01 Section "Project Management and Coordination."
3.3
CONSTRUCTION LAYOUT
A.
Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Engineer promptly.
B.
General: Engage a land surveyor to lay out the Work using accepted surveying practices. 1. 2. 3.
EXECUTION
Establish benchmarks and control points as needed to locate each element of Project. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. Notify Engineer when deviations from required lines and levels exceed allowable tolerances.
017300 - 3
Meter Replacement Project
4.
Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction.
C.
Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and rim and invert elevations.
D.
Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Engineer.
3.4
FIELD ENGINEERING
A.
Identification: Owner will identify existing benchmarks, control points, and property corners.
B.
Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. 1.
2. C.
3.5 A.
Do not change or relocate existing benchmarks or control points without prior written approval of Engineer. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to Engineer before proceeding. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points.
Certified Survey: On completion of work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and sitework. INSTALLATION General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. 2. 3.
Make vertical work plumb and make horizontal work level. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated.
B.
Comply with manufacturer's written instructions and recommendations for installing products in applications indicated.
C.
Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion.
EXECUTION
017300 - 4
Meter Replacement Project
D.
Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy.
E.
Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.
F.
Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements.
G.
Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions.
H.
Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints.
I.
Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous.
3.6 A.
CUTTING AND PATCHING Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1.
Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition.
B.
Temporary Support: Provide temporary support of work to be cut.
C.
Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations.
D.
Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free passage to adjoining areas is unavoidable, coordinate cutting and patching in accordance with requirements of Division 01 Section "Summary."
E.
Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to prevent interruption to occupied areas.
EXECUTION
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F.
Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1.
2. 3. 4. 5. 6. G.
In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. Concrete: Cut using a cutting machine, such as an abrasive saw or a diamondcore drill. Excavating and Backfilling: Comply with requirements in applicable Division 31 Sections where required by cutting and patching operations. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. Proceed with patching after construction operations requiring cutting are complete.
Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable. 1. 2.
Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing. a. b.
H.
3.7 A.
Clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition.
Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces. PROGRESS CLEANING General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1.
EXECUTION
Comply with requirements in NFPA 241 for removal of combustible waste materials and debris.
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Meter Replacement Project
2. 3.
Do not hold waste materials more than seven days during normal weather or three (3) days if the temperature is expected to rise above 80 deg F. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. a.
Utilize containers intended for holding waste materials of type to be stored.
B.
Site: Maintain Project site free of waste materials and debris.
C.
Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1.
Remove liquid spills promptly.
D.
Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces.
E.
Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Division 01 Section "Construction Waste Management and Disposal."
F.
During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion.
G.
Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period.
3.8
STARTING AND ADJUSTING
A.
Coordinate startup and adjusting of equipment and operating components with requirements in Division 01 Section "General Commissioning Requirements."
B.
Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest.
C.
Adjust equipment for proper operation. operation without binding.
D.
Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment.
EXECUTION
Adjust operating components for proper
017300 - 7
Meter Replacement Project
E.
3.9 A.
3.10 A.
Manufacturer's Field Service: Comply with qualification requirements in Division 01 Section "Quality Requirements." PROTECTION OF INSTALLED CONSTRUCTION Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. CORRECTION OF THE WORK Repair or remove and replace defective construction. Restore damaged substrates and finishes. 1.
Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment.
B.
Restore permanent facilities used during construction to their specified condition.
C.
Repair components that do not operate properly. Remove and replace operating components that cannot be repaired.
END OF SECTION 017300
EXECUTION
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Meter Replacement Project
SECTION 017419 - CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative and procedural requirements for the following: 1.
B.
Related Sections: 1.
1.3
Disposing of nonhazardous demolition and construction waste.
Division 31 Section "Site Clearing" for disposition of waste resulting from site clearing and removal of above- and below-grade improvements.
DEFINITIONS
A.
Construction Waste: Building and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging.
B.
Demolition Waste: Building and site improvement materials resulting from demolition or selective demolition operations.
C.
Disposal: Removal of demolition and construction waste off-site and subsequent sale, recycling, reuse, or deposit in landfill or incinerator acceptable to authorities having jurisdiction.
D.
Recycle: Recovery of demolition or construction waste for subsequent processing in preparation for reuse.
E.
Salvage: Recovery of demolition or construction waste and subsequent sale or reuse in another facility.
F.
Salvage and Reuse: Recovery of demolition or construction waste and subsequent incorporation into the Work.
CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
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1.4
INFORMATIONAL SUBMITTALS
A.
Records of Sales: Indicate receipt and acceptance of salvageable waste sold to individuals and organizations. Indicate whether organization is tax exempt.
B.
Recycling and Processing Facility Records: Indicate receipt and acceptance of recyclable waste by recycling and processing facilities licensed to accept them. Include manifests, weight tickets, receipts, and invoices.
C.
Landfill and Incinerator Disposal Records: Indicate receipt and acceptance of waste by landfills and incinerator facilities licensed to accept them. Include manifests, weight tickets, receipts, and invoices.
1.5 A.
QUALITY ASSURANCE Regulatory Requirements: Comply with hauling and disposal regulations of authorities having jurisdiction.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 A.
PLAN IMPLEMENTATION General: Provide handling, containers, storage, signage, transportation, and other items as required during the entire duration of the Contract. 1.
Comply with Division 01 Section "Temporary Facilities and Controls" for operation, termination, and removal requirements.
B.
Training: Train workers, subcontractors, and suppliers on proper waste management procedures, as appropriate for the Work occurring at Project site.
C.
Site Access and Temporary Controls: Conduct waste management operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1.
Comply with Division 01 Section "Temporary Facilities and Controls" for controlling dust and dirt, environmental protection, and noise control.
CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
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Meter Replacement Project
3.2 A.
DISPOSAL OF WASTE General: Except for items or materials to be salvaged, recycled, or otherwise reused, remove waste materials from Project site and legally dispose of them in a landfill or incinerator acceptable to authorities having jurisdiction. 1. 2.
Except as otherwise specified, do not allow waste materials that are to be disposed of accumulate on-site. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.
B.
Burning: Do not burn waste materials.
C.
Disposal: Transport waste materials off Owner's property and legally dispose of them.
END OF SECTION 017419
CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
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SECTION 017700 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning.
B.
Related Sections: 1. Division 01 Section "Execution" for progress cleaning of Project site. 2. Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 3. Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 4. Divisions 02 through 33 Sections for specific closeout and special cleaning requirements for the Work in those Sections.
1.3 A.
SUBSTANTIAL COMPLETION Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete with request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 3. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 4. Prepare and submit Project Record Documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information.
CLOSEOUT PROCEDURES
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Meter Replacement Project 5. 6. 7. 8. 9. 10. 11. B.
1.4
Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. Complete startup testing of systems. Submit test/adjust/balance records. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. Complete final cleaning requirements, including touch-up painting. Touch-up and otherwise repair and restore marred exposed finishes to eliminate visual defects.
Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Engineer, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for final completion. FINAL COMPLETION
A.
Preliminary Procedures: Before requesting final inspection for determining final completion, complete the following: 1. Submit a final Application for Payment according to Division 01 Section "Payment Procedures." 2. Submit certified copy of Engineer's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Engineer. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Obtain State Construction Office Approval; 4. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems.
B.
Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected.
CLOSEOUT PROCEDURES
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Meter Replacement Project 1.5 A.
1.6
LIST OF INCOMPLETE ITEMS (PUNCH LIST) Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Submit list of incomplete items in the following format: a. Three (3) paper copies of product schedule or list, unless otherwise indicated. Engineer will return two (2) copies. WARRANTIES
A.
Submittal Time: Submit written warranties on request of Engineer for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated.
B.
Provide additional copies of each warranty to include in operation and maintenance manuals.
PART 2 - PRODUCTS 2.1 A.
MATERIALS Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces.
PART 3 - EXECUTION 3.1
FINAL CLEANING
A.
General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations.
B.
Cleaning: Employ experienced workers for final cleaning. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits.
CLOSEOUT PROCEDURES
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Meter Replacement Project c. d. e.
f. g.
h. i. j. C.
Rake grounds that are neither planted nor paved to a smooth, eventextured surface. Remove tools, construction equipment, machinery, and surplus material from Project site. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. Remove labels that are not permanent. Touch-up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. 1) Do not paint over "UL" and other required labels and identification, including mechanical and electrical nameplates. Wipe surfaces of mechanical and electrical equipment and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. Replace parts subject to operating conditions during construction that may impede operation or reduce longevity. Leave Project clean and ready for occupancy.
Construction Waste Disposal: Comply with waste disposal requirements in Division 01 Section "Construction Waste Management and Disposal."
END OF SECTION 017700
CLOSEOUT PROCEDURES
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SECTION 017823 - OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. 2. 3. 4.
B.
Related Sections: 1. 2. 3.
1.3
Emergency manuals. Operation manuals for systems, subsystems, and equipment. Product maintenance manuals. Systems and equipment maintenance manuals.
Division 01 Section "Submittal Procedures" for submitting copies of submittals for operation and maintenance manuals. Division 01 Section "General Commissioning Requirements" for verification and compilation of data into operation and maintenance manuals. Divisions 02 through 33 Sections for specific operation and maintenance manual requirements for the Work in those Sections.
DEFINITIONS
A.
System: An organized collection of parts, equipment, or subsystems united by regular interaction.
B.
Subsystem: A portion of a system with characteristics similar to a system.
1.4 A.
CLOSEOUT SUBMITTALS Manual Content: Operations and maintenance manual content is specified in individual specification sections to be reviewed at the time of Section submittals. Submit reviewed manual content formatted and organized as required by this Section.
OPERATION AND MAINTENANCE DATA
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Meter Replacement Project
1. B.
Format: Submit operations and maintenance manuals in the following format: 1.
C.
Where applicable, clarify and update reviewed manual content to correspond to modifications and field conditions.
Three (3) paper copies. Include a complete operation and maintenance directory. Enclose title pages and directories in clear plastic sleeves. Engineer will return one (1) copy.
Final Manual Submittal: Submit manual in final form prior to requesting inspection for Substantial Completion and at least 15 days before commencing demonstration and training. Engineer will return copy with comments. 1.
Correct or modify each manual to comply with Engineer's comments. Submit copies of each corrected manual within 15 days of receipt of Engineer's comments.
PART 2 - PRODUCTS 2.1 A.
REQUIREMENTS FOR EMERGENCY, OPERATION, AND MAINTENANCE MANUALS Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain the following materials, in the order listed: 1. 2. 3.
B.
Title Page: Include the following information: 1. 2. 3. 4. 5. 6. 7.
C.
Title page. Table of contents. Manual contents.
Subject matter included in manual. Name and address of Project. Name and address of Owner. Date of submittal. Name and contact information for Contractor. Name and contact information for Engineer. Cross-reference to related systems in other operation and maintenance manuals.
Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual.
OPERATION AND MAINTENANCE DATA
017823 - 2
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1.
If operation or maintenance documentation requires more than one (1) volume to accommodate data, include comprehensive table of contents for all volumes in each volume of the set.
D.
Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder.
E.
Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and labeled volumes. 1.
Binders: Heavy-duty, three-ring, vinyl-covered, loose-leaf binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11-inch paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a.
b.
2.
3. 4. 5.
Dividers: Heavy-paper dividers with plastic-covered tabs for each section of the manual. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, crossreferenced to Specification Section number and title of Project Manual. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software storage media for computerized electronic equipment. Supplementary Text: Prepared on 8-1/2-by-11-inch white bond paper. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. b.
2.2 A.
If two (2) or more binders are necessary to accommodate data of a system, organize data in each binder into groupings by subsystem and related components. Cross-reference other binders if necessary to provide essential information for proper operation or maintenance of equipment or system. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name and subject matter of contents. Indicate volume number for multiple-volume sets.
If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations.
EMERGENCY MANUALS Content: Organize manual into a separate section for each of the following:
OPERATION AND MAINTENANCE DATA
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Meter Replacement Project
1. 2. 3. B.
Type of emergency. Emergency instructions. Emergency procedures.
Type of Emergency: Where applicable for each type of emergency indicated below, include instructions and procedures for each system, subsystem, piece of equipment, and component: 1. 2. 3. 4.
Flood. Water leak. Power failure. System, subsystem, or equipment failure.
C.
Emergency Instructions: Describe and explain warnings, trouble indications, error messages, and similar codes and signals. Include responsibilities of Owner's operating personnel for notification of Installer, supplier, and manufacturer to maintain warranties.
D.
Emergency Procedures: Include the following, as applicable: 1. 2. 3. 4. 5.
2.3 A.
OPERATION MANUALS Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and the following information: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
B.
Instructions on stopping. Shutdown instructions for each type of emergency. Operating instructions for conditions outside normal operating limits. Required sequences for electric or electronic systems. Special operating instructions and procedures.
System, subsystem, and equipment descriptions. Use designations for systems and equipment indicated on Contract Documents. Performance and design criteria if Contractor is delegated design responsibility. Operating standards. Operating procedures. Operating logs. Wiring diagrams. Control diagrams. Piped system diagrams. Precautions against improper use. License requirements including inspection and renewal dates.
Descriptions: Include the following: 1.
Product name and model number. Use designations for products indicated on Contract Documents.
OPERATION AND MAINTENANCE DATA
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2. 3. 4. 5. 6. 7. 8. 9. C.
Manufacturer's name. Equipment identification with serial number of each component. Equipment function. Operating characteristics. Limiting conditions. Performance curves. Engineering data and tests. Complete nomenclature and number of replacement parts.
Operating Procedures: Include the following, as applicable: 1. 2. 3. 4. 5. 6. 7. 8. 9.
Startup procedures. Equipment or system break-in procedures. Routine and normal operating instructions. Regulation and control procedures. Instructions on stopping. Normal shutdown instructions. Seasonal and weekend operating instructions. Required sequences for electric or electronic systems. Special operating instructions and procedures.
D.
Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed.
E.
Piped Systems: Diagram piping as installed, and identify color-coding where required for identification.
2.4
PRODUCT MAINTENANCE MANUALS
A.
Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below.
B.
Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable.
C.
Product Information: Include the following, as applicable: 1. 2. 3. 4.
Product name and model number. Manufacturer's name. Material and chemical composition. Reordering information for specially manufactured products.
OPERATION AND MAINTENANCE DATA
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D.
Maintenance Procedures: Include manufacturer's written recommendations and the following: 1. 2. 3. 4. 5.
Inspection procedures. Types of cleaning agents to be used and methods of cleaning. List of cleaning agents and methods of cleaning detrimental to product. Schedule for routine cleaning and maintenance. Repair instructions.
E.
Repair Materials and Sources: Include lists of materials and local sources of materials and related services.
F.
Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1.
2.5
Include procedures to follow and required notifications for warranty claims.
SYSTEMS AND EQUIPMENT MAINTENANCE MANUALS
A.
Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below.
B.
Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable.
C.
Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including the following information for each component part or piece of equipment: 1. 2. 3. 4.
D.
Standard maintenance instructions and bulletins. Drawings, diagrams, and instructions required for maintenance, including disassembly and component removal, replacement, and assembly. Identification and nomenclature of parts and components. List of items recommended to be stocked as spare parts.
Maintenance Procedures: Include the following information and items that detail essential maintenance procedures: 1. 2.
Test and inspection instructions. Troubleshooting guide.
OPERATION AND MAINTENANCE DATA
017823 - 6
Meter Replacement Project
3. 4. 5. E.
Precautions against improper maintenance. Disassembly; component removal, repair, and replacement; and reassembly instructions. Aligning, adjusting, and checking instructions.
Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. 1. 2.
Scheduled Maintenance and Service: Tabulate actions for daily, weekly, monthly, quarterly, semiannual, and annual frequencies. Maintenance and Service Record: Include manufacturers' forms for recording maintenance.
F.
Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services.
G.
Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent.
H.
Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1.
Include procedures to follow and required notifications for warranty claims.
PART 3 - EXECUTION 3.1
MANUAL PREPARATION
A.
Operation and Maintenance Documentation Directory: Prepare a separate manual that provides an organized reference to emergency, operation, and maintenance manuals.
B.
Emergency Manual: Assemble a complete set of emergency information indicating procedures for use by emergency personnel and by Owner's operating personnel for types of emergencies indicated.
C.
Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work.
D.
Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system.
OPERATION AND MAINTENANCE DATA
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SECTION 017839 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS General provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for project record documents, including the following: 1. Record Specifications. 2. Record Product Data. 3. Miscellaneous record submittals.
B.
Related Sections: 1. Division 01 Section "Execution" for final property survey. 2. Division 01 Section "Closeout Procedures" for general closeout procedures. 3. Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 4. Divisions 02 through 33 Sections for specific requirements for project record documents of the Work in those Sections.
1.3
CLOSEOUT SUBMITTALS
A.
Record Specifications: Submit one (1) paper copy of Project's Specifications, including addenda and contract modifications.
B.
Record Product Data: Submit one (1) paper copy of each submittal. 1.
Where record Product Data are required as part of operation and maintenance manuals, submit duplicate marked-up Product Data as a component of manual.
C.
Miscellaneous Record Submittals: Refer to other Specification Sections for miscellaneous record-keeping requirements and submittals in connection with various construction activities. Submit one (1) paper copy of each submittal.
D.
Reports: Submit written report indicating items incorporated in Project record documents concurrent with progress of the Work, including modifications, concealed conditions, field changes, product selections, and other notations incorporated.
PROJECT RECORD DOCUMENTS
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Meter Replacement Project PART 2 - PRODUCTS 2.1 A.
RECORD PRODUCT DATA Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. 2. 3.
B.
Format: Submit record Product Data as paper copy. 1.
2.2
Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. Note related Change Orders and record Drawings where applicable.
Include record Product Data directory organized by specification section number and title, electronically linked to each item of record Product Data.
MISCELLANEOUS RECORD SUBMITTALS
A.
Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference.
B.
Format: Submit miscellaneous record submittals as paper copy. 1.
Include miscellaneous record submittals directory organized by specification section number and title, electronically linked to each item of miscellaneous record submittals.
PART 3 - EXECUTION 3.1
RECORDING AND MAINTENANCE
A.
Recording: Maintain one (1) copy of each submittal during the construction period for project record document purposes. Post changes and modifications to project record documents as they occur; do not wait until the end of Project.
B.
Maintenance of Record Documents and Samples: Store record documents and samples in the field office apart from the Contract Documents used for construction. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record documents for Engineer's reference during normal working hours. END OF SECTION 017839
PROJECT RECORD DOCUMENTS
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c.
Final Submittal: Submit one (1) paper copy set of marked-up record prints, and one (1) set(s) of record digital data files. Plot each drawing file, whether or not changes and additional information were recorded.
B.
Record Specifications: Submit one (1) paper copy of Project's Specifications, including addenda and contract modifications.
C.
Record Product Data: Submit one (1) paper copy of each submittal. 1.
Where record Product Data are required as part of operation and maintenance manuals, submit duplicate marked-up Product Data as a component of manual.
D.
Miscellaneous Record Submittals: Refer to other Specification Sections for miscellaneous record-keeping requirements and submittals in connection with various construction activities. Submit one (1) paper copy of each submittal.
E.
Reports: Submit written report indicating items incorporated in Project record documents concurrent with progress of the Work, including modifications, concealed conditions, field changes, product selections, and other notations incorporated.
PART 2 - PRODUCTS 2.1 A.
RECORD DRAWINGS Record Prints: Maintain one (1) set of marked-up paper copies of the Contract Drawings and Shop Drawings. 1.
Preparation: Mark record prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to provide information for preparation of corresponding marked-up record prints. a. b. c. d. e.
2.
Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. Accurately record information in an acceptable drawing technique. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. Cross-reference record prints to corresponding archive photographic documentation.
Content: Types of items requiring marking include, but are not limited to, the following: a. b. c.
Dimensional changes to Drawings. Revisions to details shown on Drawings. Locations and depths of underground utilities.
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d. e. f. g. h. i. j. k. l. 3. 4. 5. 6. B.
Mark the Contract Drawings and Shop Drawings completely and accurately. Utilize personnel proficient at recording graphic information in production of marked-up record prints. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. Mark important additional information that was either shown schematically or omitted from original Drawings. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable.
Newly Prepared Record Drawings: Prepare new Drawings instead of preparing record Drawings where Engineer determines that neither the original Contract Drawings nor Shop Drawings are suitable to show actual installation. 1. 2.
C.
New Drawings may be required when a Change Order is issued as a result of accepting an alternate, substitution, or other modification. Consult Engineer for proper scale and scope of detailing and notations required to record the actual physical installation and its relation to other construction. Integrate newly prepared record Drawings into record Drawing sets; comply with procedures for formatting, organizing, copying, binding, and submitting.
Format: Identify and date each record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. 2.
Record Prints: Organize record prints and newly prepared record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. Identification: As follows: a. b. c. d. e.
D.
Revisions to routing of piping and conduits. Revisions to electrical circuitry. Actual equipment locations. Locations of concealed internal utilities. Changes made by Change Order or Work Change Directive. Changes made following Engineer's written orders. Details not on the original Contract Drawings. Field records for variable and concealed conditions. Record information on the Work that is shown only schematically.
Project name. Date. Designation "PROJECT RECORD DRAWINGS." Name of Engineer. Name of Contractor.
These record drawings will be used by the Designer to prepare and furnish to the Owner a “Record” set of documents.
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2.2 A.
RECORD SPECIFICATIONS Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. 2. 3. 4. 5.
B. 2.3 A.
Format: Submit record Specifications as paper copy. RECORD PRODUCT DATA Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. 2. 3.
B.
Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. Note related Change Orders and record Drawings where applicable.
Format: Submit record Product Data as paper copy. 1.
2.4
Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. Record the name of manufacturer, supplier, Installer, and other information necessary to provide a record of selections made. For each principal product, indicate whether record Product Data has been submitted in operation and maintenance manuals instead of submitted as record Product Data. Note related Change Orders and record Drawings where applicable.
Include record Product Data directory organized by specification section number and title, electronically linked to each item of record Product Data.
MISCELLANEOUS RECORD SUBMITTALS
A.
Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference.
B.
Format: Submit miscellaneous record submittals as paper copy. 1.
Include miscellaneous record submittals directory organized by specification section number and title, electronically linked to each item of miscellaneous record submittals.
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PART 3 - EXECUTION 3.1
RECORDING AND MAINTENANCE
A.
Recording: Maintain one (1) copy of each submittal during the construction period for project record document purposes. Post changes and modifications to project record documents as they occur; do not wait until the end of Project.
B.
Maintenance of Record Documents and Samples: Store record documents and samples in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record documents for Engineer's reference during normal working hours.
END OF SECTION 017839
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SECTION 017900 - DEMONSTRATION AND TRAINING PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative and procedural requirements for instructing Owner's personnel, including the following: 1. 2.
B.
Related Sections: 1.
1.3 A. 1.4
Demonstration of operation of systems, subsystems, and equipment. Training in operation and maintenance of systems, subsystems, and equipment.
Divisions 02 through 49 Sections for specific requirements for demonstration and training for products in those Sections.
INFORMATIONAL SUBMITTALS Qualification Data: For instructor. QUALITY ASSURANCE
A.
Instructor Qualifications: A factory-authorized service representative, complying with requirements in Division 01 Section "Quality Requirements," experienced in operation and maintenance procedures and training.
B.
Preconstruction Conference: Conduct conference at Project site to comply with requirements in Division 01 Section "Project Management and Coordination." Review methods and procedures related to demonstration and training including, but not limited to, the following: 1. 2. 3.
Inspect and discuss locations and other facilities required for instruction. Review and finalize instruction schedule and verify availability of educational materials, instructors' personnel, audiovisual equipment, and facilities needed to avoid delays. Review required content of instruction.
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4.
1.5
For instruction that must occur outside, review weather and forecasted weather conditions and procedures to follow if conditions are unfavorable.
COORDINATION
A.
Coordinate instruction schedule with Owner's operations. Adjust schedule as required to minimize disrupting Owner's operations.
B.
Coordinate instructors, including providing notification of dates, times, length of instruction time, and course content.
C.
Coordinate content of training modules with content of approved emergency, operation, and maintenance manuals. Do not submit instruction program until operation and maintenance data has been reviewed and approved by Architect.
PART 2 - PRODUCTS 2.1
INSTRUCTION PROGRAM
A.
Program Structure: Develop an instruction program that includes individual training modules for each system and for equipment not part of a system, as required by individual Specification Sections.
B.
Training Modules: Develop a learning objective and teaching outline for each module. Include a description of specific skills and knowledge that participant is expected to master. For each module, include instruction for the following as applicable to the system, equipment, or component: 1.
Basis of System Design, Operational Requirements, and Criteria: Include the following: a. b. c. d. e. f. g. h.
2.
System, subsystem, and equipment descriptions. Performance and design criteria if Contractor is delegated design responsibility. Operating standards. Regulatory requirements. Equipment function. Operating characteristics. Limiting conditions. Performance curves.
Documentation: Review the following items in detail: a. b. c.
Emergency manuals. Operations manuals. Maintenance manuals.
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d. e. f. g. 3.
Emergencies: Include the following, as applicable: a. b. c. d. e. f.
4.
Alignments. Checking adjustments. Noise and vibration adjustments. Economy and efficiency adjustments.
Troubleshooting: Include the following: a. b.
7.
Startup procedures. Equipment or system break-in procedures. Routine and normal operating instructions. Regulation and control procedures. Control sequences. Safety procedures. Instructions on stopping. Normal shutdown instructions. Operating procedures for emergencies. Operating procedures for system, subsystem, or equipment failure. Seasonal and weekend operating instructions. Required sequences for electric or electronic systems. Special operating instructions and procedures.
Adjustments: Include the following: a. b. c. d.
6.
Instructions on meaning of warnings, trouble indications, and error messages. Instructions on stopping. Shutdown instructions for each type of emergency. Operating instructions for conditions outside of normal operating limits. Sequences for electric or electronic systems. Special operating instructions and procedures.
Operations: Include the following, as applicable: a. b. c. d. e. f. g. h. i. j. k. l. m.
5.
Project record documents. Identification systems. Warranties and bonds. Maintenance service agreements and similar continuing commitments.
Diagnostic instructions. Test and inspection procedures.
Maintenance: Include the following: a. b. c.
Inspection procedures. Types of cleaning agents to be used and methods of cleaning. List of cleaning agents and methods of cleaning detrimental to product.
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d. e. f. g. 8.
Procedures for routine cleaning Procedures for preventive maintenance. Procedures for routine maintenance. Instruction on use of special tools.
Repairs: Include the following: a. b. c. d. e.
Diagnosis instructions. Repair instructions. Disassembly; component removal, repair, and replacement; reassembly instructions. Instructions for identifying parts and components. Review of spare parts needed for operation and maintenance.
and
PART 3 - EXECUTION 3.1
PREPARATION
A.
Assemble educational materials necessary for instruction, including documentation and training module. Assemble training modules into a training manual organized in coordination with requirements in Division 01 Section "Operations and Maintenance Data."
B.
Set up instructional equipment at instruction location.
3.2
INSTRUCTION
A.
Engage qualified instructors to instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and equipment not part of a system.
B.
Scheduling: Provide instruction at mutually agreed on times. For equipment that requires seasonal operation, provide similar instruction at start of each season. 1.
C.
Schedule training with Owner with at least seven (7) days' advance notice.
Cleanup: Collect used and leftover educational materials and give to Owner. Remove instructional equipment. Restore systems and equipment to condition existing before initial training use.
END OF SECTION 017900
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SECTION 1 ‐ AMR METER READING SYSTEM & TRANSMITTER MODULE 1.0 GENERAL Under this specification a single manufacturer shall supply all equipment necessary to furnish a fully automated meter reading management system. This requirement shall apply to Section 1 of the Technical Specifications relating to the Reading System only. The primary function shall be to provide accurate and timely meter reading data for billing purposes, the system shall also furnish historical consumption and other pertinent data to facilitate enhanced operation and management of the total water distribution system, as described herein. 1.1 SYSTEM DESCRIPTION The Automatic Meter Reading (AMR) System is a RF system. The AMR system will utilize either an FCC licensed or non‐licensed radio frequency band to communicate encoded meter data, tamper conditions, reverse flow and leak detection notification to a Receiver. The AMR system is comprised of a transmitter located at the meter that transmits meter readings, meter ID number, tamper and leak data to the Receiver when the Receiver is in the proximity range of the transmitted signal. The transmitter will also provide data logging capabilities. The transmitter will have sufficient memory to store at least 35 days of meter usage data and ancillary alert information that can be downloaded and graphed in an analytic software program. The system shall be able to process and maintain the information gathered from each Transmitter in a database for billing purposes. 1.2 PERFORMANCE REQUIREMENTS The Transmitter case shall be constructed of high impact waterproof plastic. The Transmitter enclosure shall be factory wired and to the Register. The Transmitter shall be designed for a through the lid (TTL) installation. In combination with Transmitters located at the meter, the AMR system must be capable of performing the following functions: A. METER READING ‐ The Transmitter shall interrogate and receive encoded water consumption at least once per hour. In addition, the transmitter and/or the meter reading system software shall be capable of providing supporting diagnostics such as leak detection alerts, reverse flow, no flow, wire tampering, low battery and the duration of these events at the meter, store this data, and transmit this data to the data collection device. This information shall be available for viewing by the meter reader as the meter is read by the data collection device or at a minimum shall be available to view after the data has been uploaded through the system software. The transmitters may be programmed at the manufacturer or during installation and shall require no additional programming once initial application is rendered.
Cape Fear Public Utility Authority Customer Meter Replacement Program
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B. MULTI‐FUNCTIONING DEVICE – The Transmitter must be capable to receive input from the register and remotely send data to a walk‐by, mobile, fixed base collection device, or any combination therein. C. EASY MIGRATION FROM AMR TO AMI – The Transmitter shall easily migrate from walk‐by, mobile and fixed‐base collection devices without the need for re‐programming or physically visiting the transmitter location. D. READ SUCCESS RATE – (Utilizing Through‐The‐Lid Antennae) – It is expected that a new fully functioning reading system should acquire and transmit 100% of the meter register information when interrogated by the collection device. Guaranteed reliability to ensure reads are received from each endpoint in the system as required is essential. For AMR‐ Mobile collection the Contractor shall guarantee a minimum read success rate of 99.5% for each scheduled route. E. DATA LOGGING – The proposed AMR system shall support a data logging feature, with the capability to store and extract at least 35 days of meter usage data along with associated leak and tamper information. Data Logging features and functionality shall be owner programmable for different storage options. 1.3 COMMUNICATION PARAMETERS The AMR System is comprised of a radio frequency Transmitter(s) and Receiver device. The Transmitter and Receiver will operate as either a licensed or non‐licensed system unit. The transmission of data must be unique to the district it serves. 1.4 HARDWARE REQUIREMENTS Mobile Reading System Contractor shall furnish four (4) mobile AMR collection units. This shall include all programming and hardware for reading meters and downloading the information into the central database. The Reading System shall consist of a durable laptop computer with LCD, spill resistant keypad, diskette drive in a rugged case and a Receiver. The reading system shall display route status including numbers of meters read, unread and percent complete. Allow reading of multiple routes. Verify data integrity in every message. The system must be able to indicate audibly and visually to the operator if the laptop computer loses communications with the radio receiver during operation. Routes load/unload: Meter records can be transferred between the Reading System and the utility’s computer by use of Burnable Disk Drive, USB memory stick or by directly networking the Reading System laptop into the utilities system. These records shall be transferred through the Route Management System. Cape Fear Public Utility Authority Customer Meter Replacement Program
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Route Information: Utility may select up to multiple fields from route management system to be used for the purpose of meter reading. Meter Reading: The meter Transmitter sends data to the Reading System including: ID number, meter reading and tamper or leak status. The Reading System must be portable and adaptable to any vehicle with a 12V DC cigarette lighter. In addition to reading, the Reading System or associated handheld receiver shall also serve as a data logging collection device. The Mobile Collection Units and all components shall be new and unused when provided to the ownership of CFPUA. The CONTRACTOR shall be responsible for read system testing utilizing equipment that shall be maintained and owned by the CONTRACTOR or supplying Manufacturer. Handheld Reading System Contractor shall furnish four (4) handheld field collection units. This shall include all programming and hardware for reading meters and downloading the information into the central database. The handheld reading system shall be comprised of a handheld data collector with an integrated receiver board and no external antenna for reading RF transmitters. The handheld shall operate on a Windows® CE platform for ease of use. The handheld must be of a rugged design sealed to meet an IP67 waterproof rating of up to 3’ submerged, operate in extreme temperature conditions (‐22°F to 131°F / ‐ 30°C to 55°C), withstand drops of 5’ to concrete, and shall contain a 40‐key alphanumeric keypad with tactile operation for data entry. The handheld shall contain a rechargeable powerful 2200 maH lithium‐ ion battery to prevent memory loss and to extend field life. A sharp monochrome display with adequate contrast in bright sunlight and sufficient backlighting in low light conditions is required to provide eight rows of twenty characters each to provide information necessary for meter reading. A recharging station shall be included with each device. To meet the needs of the utilities, the handheld operator shall be able to select multiple fields from the route management software for display of the account records and have the ability to enter notes as needed in the handheld. Handheld reading software shall support date/time stamping of meter reading synchronized with the host. The handheld system shall provide a flexible solution to read manual, touch or RF transmitters. Handheld shall utilize FTP protocol through a RS232 serial connection or equivalent to upload and download account information to the route management software. A Main Line and Secondary Loader‐ Charger assemblies shall be available to maintain the handheld batteries and to communicate route data from the host PC. To facilitate accurate and high‐speed data communications, the loader‐charger units shall use “over the air” transmission utilizing Wi‐Fi capabilities or a USB port utilizing a hard wire connection. Handheld shall incorporate a USB port or other reliable means that can be used for uploading and downloading account information along with programming software to program transmitters while in
Cape Fear Public Utility Authority Customer Meter Replacement Program
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the field or in the office. Handheld shall also serve as a collection device for the data logging feature as part of the System. The Handheld Collection Units and all components shall be new and unused when provided to the ownership of CFPUA. The CONTRACTOR shall be responsible for read system testing utilizing equipment that shall be maintained and owned by the CONTRACTOR or supplying Manufacturer. 1.5 SOFTWARE REQUIREMENTS The Reading System shall be a Geographic Information System (GIS) based meter‐reading system. The version shall use a GIS system for displaying meter reading information on a MAP program, in conjunction with a Global Positioning System (GPS) to display the location of the vehicle reading the meters on the MAP program. The laptop computer running the software shall be equipped with touch screen functionality and shall function with minimum required interaction by the operator to ensure safety while driving. Leak detection, reverse flow, no flow and tamper information shall be included with the software. The Transmitter sends an alarm condition to the data collection device when the meter is read. Software Version shall include: A. GPS system for locating the reading vehicle B. GIS data base for meter reading C. MAP based user interface D. Route status including number of meters read, unread and percent complete. Allow reading multiple routes at one time. E. Display of Potential Leak conditions F. Backup memory for previously read meters Route management software (generic) shall be provided which allows transfer of route information from the Reading System to the utility computer. Software shall provide splitting, re‐sequence and combining of routes. Management reports shall include meter reading, exception and productivity information along with standard and customized reporting features. Route management software must be compatible and allow direct data transfer with CFPUA Billing and Accounting software. Appropriate documentation regarding interface requirements must be supplied to the billing vendor. Successful bidder must provide assistance to CFPUA to provide a complete, functioning interface program. 1.6 MIGRATION TO NETWORK SYSTEMS To eliminate the possibility of stranded assets, all transmitters offered for the proposed mobile reading solution shall also provide connectivity to multiple network systems including Power Line Carrier, Broadband over Power Line, Mesh Networks, Power over Ethernet, dedicated licensed frequency and other future network options. Connectivity to these networks shall be done with the same transmitter
Cape Fear Public Utility Authority Customer Meter Replacement Program
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used in the mobile AMR or handheld application. When migrating to the network system, the utility will not have to visit the physical account to re‐program the transmitter. Additionally, the transmitter shall be programmed such that it shall not collect data from any neighboring systems of similar type technology. 1.7 INSTALLATION, TRAINING, TOOLS For all installation and training, the manufacturer shall deploy appropriate and competent personnel to the CFPUA facilities for the minimum duration required and as approved by the Engineer; remote installation and training will not be permitted. The manufacturer’s certified training personnel shall set‐ up and test the Reading System and route management software at a CFPUA designated location. Upon successful completion of the set‐up, the manufacturer’s certified training personnel shall provide the necessary training for all aspects of the AMR system’s operation including obtaining reads and consumption data, transferring reads and other information between the AMR system and CFPUA billing system, creating reports, diagnosing potential problems with system components, changing or adding customer accounts. Training shall also include field installation, operation and maintenance of Transmitters. Also included, shall be training on System software, database management, hardware configuration and all technical equipment maintenance. Initial configuration and initial test are the complete responsibility of the successful bidder. Follow up training shall be included if needed. 1.8 WARRANTY All handheld and mobile reading equipment included with the Reading System shall include an original manufacturer’s warranty, along with a one‐year hardware service contract on all hardware components of the system. Annual extended warranties shall be also available. Software supplied with the system shall be updated and maintained by the manufacturer for a period of ten (10) years from the date of substantial completion, with enhancements, patches, and updates, at no additional cost to CFPUA beyond an annual maintenance fee. The software must maintain compatibility with all other components of the system. The AMR system support shall also include a provision for the system provider to remotely connect to the central control computer to diagnose problems, load upgrades. Etc. Annual software service agreements must also available. The manufacturer shall also supply a system support diagnostic program to insure timely response and assistance in the event of temporary system malfunction. Manufacturer shall provide continued support of the AMR system after completion of training. Technical support shall be available a minimum 12 hours per day, 260 days a year.
1.9 PRE‐QUALIFIED AMR VENDOR SYSTEMS CFPUA conducted a formal public pre‐qualification process prior to the bid advertisement for the project. Pre‐qualified AMR vendor systems are as follows: • Itron ChoiceConnect 100 • Neptune R900 • Orion ME/SE • Sensus 520M Cape Fear Public Utility Authority Customer Meter Replacement Program
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1.10 TRANSMITTER MODULES All transmitter modules must be compatible with Part I of these specifications. A. TYPES 1. TRANSMITTER –Both stand‐alone and integrated shall be subject to submergence. An integrated transmitter within the register unit will be acceptable. 2. All Transmitters shall include a published 10‐year full replacement warranty and an additional 10‐year pro‐rated warranty to minimize the cost of ownership. B. REGISTRATION 1. All Transmitters shall be water proof whether integrated or hard wired through a potted connection to the Register (True Absolute Encoder – no pulse registers will be accepted) which shall provide direct electronic transfer of the meter information. C. MODULE REQUIREMENTS 1. Transmitter Module a. The Transmitter can be stored and shall operate in temperatures ranging from ‐40 deg to 140 deg F. The Transmitter shall operate in atmospheres of 0% to 100% condensing humidity. The Transmitter shall be designed to operate in submerged pit applications. 2. Dual‐Port Capabilities a. Dual‐port transmitters shall be allowed, provided that the transmitter incorporates a two‐port design, thus allowing the connection of two registers; b. The dual‐port transmitter shall wholly and independently maintain data integrity for each of the two incorporated register readings; c. The dual‐port transmitter shall meet all other applicable requirements of this section.
Cape Fear Public Utility Authority Customer Meter Replacement Program
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SECTION 2 ‐ WATER METER AND ABSOLUTE ENCODER REGISTERS 2.0 GENERAL All water meters shall be manufactured in strict accordance with AWWA C700, C707 and C702 latest edition specifications and shall also comply with NSF Standard 61, Annex G and NSF/ANSI 372 requirements. All meters must be manufactured of lead‐free or low lead materials. Each meter must be tested to insure compliance with noted standards. Encoder Registers shall conform to the applicable current AWWA C‐700 series standards, latest editions. The register shall be a true absolute encoder register that provides direct electronic transfer of meter reading information to a Radio transmitter device. 2.1 METER DESCRIPTION Meters must be a Positive Displacement magnetic drive for cold water service up to 1‐inch size. Positive displacement meters shall be of the oscillating piston or nutating disk type. 1‐½ to 2‐inch size meters shall be either positive displacement, ultrasonic, magnetic, or compound. All meters shall be designed for the easy removal of internal parts, so as not to disturb the connections to the service line, and for easy removal of the meter. Stainless steel mounting bolts and flange gaskets shall be furnished with the 1‐1/2 inch and 2‐inch meters. 2.2 METER REQUIREMENTS The meter and encoder register must meet the following minimum requirements:
A. Meters shall be new, first line quality, positive displacement magnetic drive type for cold water services. Positive displacement meters shall be of the oscillating piston or nutating disk type. The meters shall be fully functional when used over the full range of environmental and operational characteristics in meters pits or vaults subjected to water submergence, including as a minimum the following ranges: Temperature ‐25 to +65 Celsius; Humidity 0 to 100% non‐ condensing. B. Meter Housing/Measuring Chambers: Meter main case shall be made of a two piece frost resistant design. Meter main cases shall be made of LOW LEAD/LEAD FREE Brass, Copper Alloy or Composite materials MEETING NSF/ANSI 372. Meters shall be certified NSF 372 approved. The measuring chamber(s) shall be separate from the outer casing and so secured in the main case that the accuracy of the meter will be unaffected by any distortion in the case. All motion from the disk, piston, or turbine shall be transferred to the register via magnetic drive. All meters shall meet or exceed the AWWA standard C707‐R92 for Encoder‐Type Remote Registration systems for Cold Water Meters when equipped with an open architecture radio transmitter. Cape Fear Public Utility Authority Customer Meter Replacement Program
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C. Meters shall have a serial number on the meter body or housing. The bottom plate shall be made of a Brass, Copper Composite Alloy, Cast Iron or Composite. The size, model and direction of flow shall be cast in raised characters on the case. D. Measuring chambers shall be made of a suitable engineered plastic as described in AWWA C‐ 700‐90. E. The chamber magnet shall be driven by a stainless steel drive shaft or suitable engineered plastic. External fasteners shall be stainless steel as described in the latest version AWWA C700. F. All meters shall be provided with strainer screens installed in the meter. Strainers shall be rigid, fit snugly, be easy to remove, and have an effective straining area at least twice that of the inlet opening. G. Meters shall be 100% factory tested for accuracy and have factory test results provided with each meter. Meters shall meet or exceed the AWWA New Meter Accuracy Standards for a period of five years from the date of installation or in accordance with registered usage (whichever occurs first) per the following: Meter Size 5/8” =500,000 gallons; ¾”= 750,000 gallons and 1”= 1,000,000 gallons. H. Additionally, the manufacturer shall warranty the meter to meet or exceed AWWA Repaired Meter Accuracy Standards for 15 years from the date of installation or in accordance with registered usage (whichever occurs first) per the following: Meter Size 5/8” = 1,500,000 gallons; ¾” = 2,250,000 gallons; 1” =3,000,000 gallons 2.3 ENCODER REGISTER REQUIREMENTS A. Encoder Registers: Encoder registers shall be permanently sealed and water proof. Meters and Encoder Registers shall operate in submerged condition. Encoder Registers shall be equipped with a lid to protect the lens. B. The encoder register shall send data in ASCII format to the transmitter or interrogation device. C. Encoder registers shall have an exclusive identification or serial number that is clearly and permanently marked or engraved on the register lid. D. No wire connections or wire splicing of any kind shall be allowed in the installation of the encoder registers. All connections shall be permanently factory sealed with an epoxy coating. E. The encoder register shall transmit the complete wheel reading and an exclusive identification number to the transmitter device. The ID number designated to the water meter is permanently set and is not capable of duplication. Registers offering solid‐state technology with LCD readouts will be accepted.
Cape Fear Public Utility Authority Customer Meter Replacement Program
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F. The register assembly shall be secured to the main meter case by a tamper resistant locking mechanism protecting against unauthorized removal of the register. G. All encoder registers shall be warrantied from the manufacturer for a minimum of 20 years or until the noted registration usage noted in 2.2 (G) above has been met. 2.4 PRE‐QUALIFIED MANUFACTURERS By virtue of the pre‐qualification process of the AMR Meter Reading system and the requirement for factory‐pair connections, the acceptable meter manufacturers are Neptune, Sensus, and Badger. The selected meter must factory‐pair with the selected AMR endpoint and be wholly compatible. Wire splicing will not be permitted. 2.5 SUBMITTALS See SECTION 13300 for detailed requirements. 2.6 BASIS OF PAYMENT See Technical Specification 3, Section 3.8 for detailed requirements. 2.7 UNIT PRICES Unit Prices for specific appurtenance items will be paid on a unit basis per the Schedule of Values conditioned upon field authorization provided by the Owner’s field representative. The detailed explanation of the basis of payment for all unit prices is found in Technical Specification 3, Section 3.8.
Cape Fear Public Utility Authority Customer Meter Replacement Program
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Meter Replacement Project SECTION 3 ‐ INSTALLATION 3.1. General a. It is understood and agreed between the CFPUA and the CONTRACTOR that there shall be one (1) CONTRACTOR’S Representative with respect to work to be performed under this agreement. This Representative shall have responsibility in direct control over all work performed by the CONTRACTOR on the scope of services contained herein. This Representative must speak fluent English. No substitution of the Representative shall be made without CFPUA approval. Such approval by the CFPUA shall not be unreasonably withheld. b. The CONTRACTOR shall execute all services under this agreement in a manner as to not interfere with the CFPUA'S water distribution and wastewater collection systems. The method of conducting services shall at all times be subject to the CFPUA’S approval without in any way relieving the CONTRACTOR'S responsibility for the same. Of paramount importance at all times is the CFPUA'S ability to continue uninterrupted operation of its utility systems, to maintain the safety of the CFPUA'S personnel in performing necessary utility operations, and to maintain high quality and uninhibited water and wastewater services to the CFPUA'S customers. The CONTRACTOR shall not introduce any chemical products in the CFPUA'S utility systems. c. The CONTRACTOR’S representative must be available twenty four hours per day through the project duration to address issues related to the project. d. In the event of any emergency that may be an imminent danger to life or property, the CONTRACTOR may take immediate action necessary to eliminate or reduce the danger, and then shall immediately notify the CFPUA of such action taken. In cases other than the emergency just described, the CONTRACTOR shall not operate the CFPUA’S main valves or other equipment, or make connections to CFPUA provided sources of electrical power or potable water without the specific written approval of the CFPUA. e. The CONTRACTOR shall insure that all work under this agreement satisfies all present State, Federal, and local laws and regulations. The CONTRACTOR shall secure, at no additional cost to the CFPUA, all permits, certificates, and licenses required by law for the execution of the work under this agreement. 3.2. Specific a. CFPUA wishes to replace approximately 67,000 existing water meters over the course of a multiple year project, with new AMR‐equipped water meters. The initial phase of the project is defined by the bid schedule. If future capital needs are allocated to the replacement project, CFPUA reserves the right to negotiate a change order to the project under the terms and conditions outlined in these documents and subject to all applicable North Carolina regulations. Once the old meters are codified and removed, the CONTRACTOR will deliver the old water meters intact to a location procured by the CONTRACTOR.
Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project b. As a portion of this contract, meters with AMR capabilities will be furnished by the CONTRACTOR. Meters with AMR capabilities shall include submersible registers/encoders and transmitters. All transmitters will have an integrated wired antenna that will be installed through a hole in the new lid. The CONTRACTOR shall provide new flush mount polyethylene resin meter box lids with a pre‐fabricated hole that pairs with the transmitter antennae requirements. c. Prior to field installation activities, the CONTRACTOR should anticipate 60 to 90 days of time required, after notification of award, for coordination of work activities with CFPUA staff, equipment delivery, interfacing equipment, scheduling, meter replacement route building and testing. d. The CONTRACTOR shall be responsible for assuring that the approved submitted make and model of water meter and transmitters shall be consistent over the life of the entire project. In the event the approved submitted specific make and model of the water meter and/or transmitter should cease manufacturing due to any reason during the installation contract period then the CONTRACTOR shall be responsible for submitting to the Engineer and CFPUA and appropriate plan of action to maintain consistency of materials for the entire system, at the CONTRACTOR’s expense. Replacing further materials with next generation models shall not be viewed as an appropriate plan of action. e. The CONTRACTOR shall be responsible for submission of a master project schedule, broken down by cycle and route for the completion of the overall. This schedule shall be reviewed and approved by the Engineer and CFPUA prior to commencing construction. For the purposes of the master schedule the following definitions shall be used: Cycle – A cycle shall be defined as an area of the CFPUA system that determines a billing grouping of customers. Customers within a cycle each receive a utility bill every two months with a target of 58 to 63 days of consumption identified on the bill. There are 24 current billing cycles with differing number of customer metered connections. The scope of this initial project will not cover all cycles. See the Bid Form for clarification of scope included in the contract.
Route – A route shall be defined as a collection of customer meter connections within a given cycle that are read concurrently. Routes differ in the number of customer metered connections, but are generally read during one working day.
The following information is provided for informational purposes only: • Existing Cycle Map & Approximate Meter counts (Exhibit “A“) • Example Route Target Read Schedule (Exhibit “B“) The project schedule shall identify the planned construction sequencing for the entire project based on the following criteria: a. There shall be a preliminary pilot (Pilot #1) conducted in Month 1 after Notice to Proceed. Pilot #1 shall consist of approximately 250 meters located in Cycle #5. b. The remainder of Cycle #5, approximately 2,025 meters, shall be completed in Month 2 after Notice to Proceed. Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project c. The CONTRACTOR shall not proceed with any other meter replacements prior to written notification that Pilot #1 has been accepted by the Engineer and CFPUA. An acceptance test is intended to provide incremental acceptance of discretely defined areas and populations of meters. Once the Route acceptance test is successfully completed, CFPUA will be able to commence operations of that portion of the system. Meter replacements shall be able to read consistently for 7 consecutive calendar days, this shall be known as the (“Route Deployment Date”). The Route Acceptance Test is achieved when the Route Read Success equals or exceeds 99.5% during a three day period. All reads received shall be accurate within the manufacturer’s specifications for new meters. d. The CONTRACTOR shall be responsible for providing required equipment to perform Route Read Testing and shall not rely on equipment purchased for permanent distribution to CFPUA. All mobile and handheld meter reading equipment shall be new and unused when placed into ownership of CFPUA. e. Cycle #2 shall be the remainder of the meters for this contract. f.
The Engineer and CFPUA reserve the right to require a secondary pilot (Pilot#2) to be completed by the contractor prior to a second notification to proceed on the remainder of the project.
g. Each route within a specific cycle shall be completed within a two (2) month window from the date of last read. Actual last read dates shall be provided to the CONTRACTOR by CFPUA on a monthly basis. h. CFPUA shall have the ability to provide the CONTRACTOR with information regarding the seasonal nature of some customer meter locations to facilitate ease of disruption to those customers. i.
The CONTRACTOR shall be responsible for submitting a “Billing Contingency Plan” to the Engineer and CFPUA for review and approval. This plan shall identify the plan of action and notification steps for any route that is not completed within the target 58 to 63 day cycle window from last read.
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The Warranty Period shall commence upon final written acceptance of the completed Cycle.
3.3. Technical Specifications a. Any discrepancies or ambiguities found in the specifications or changes that may be required during the execution of the project shall be immediately reported to the CFPUA’s specified representative, who shall promptly correct such inconsistencies or ambiguities or make any changes in writing. b. The CONTRACTOR shall have signs or marking on vehicles clearly indicating the vehicle purpose. All vehicles shall be of the same color such that they can be identified as being associated with the Meter Replacement Project through public relations communication. The color and logo that will be displayed on all work vehicles shall be submitted to CFPUA in .jpeg format for use in public relations communication. c. All personnel shall be trained in customer contact and communication. Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project d. The CONTRACTOR shall perform driving history and criminal background checks on all employees. In an effort to protect public health, any person who is known to have been convicted of any felony crime or, within the last 7 years, to have been convicted of any Class B misdemeanor as defined by the Criminal Justice and Training Standards of North Carolina Department of Justice or comparable charge from another jurisdiction may not be acceptable as SUBCONTRACTOR on this project. Files should be available to CFPUA for investigation upon request. e. The CONTRACTOR’s employees shall wear uniforms and badges at all time in the field. All uniforms shall be consistent for all employees and a picture of a representative employee shall be submitted to CFPUA in .jpeg format for use in public relations communication. f.
The CONTRACTOR shall have a Supervisor on the job site at all times who shall communicate with the designated CFPUA’s Project Representative.
g. The CONTRACTOR shall return ALL CFPUA‐issued equipment, inventory, unused and surplus materials to the CFPUA in original or new condition upon completion of project. Any equipment, inventory or materials issued by the CFPUA to the CONTRACTOR that is misused, lost or damaged shall be replaced by the CONTRACTOR. h. The CONTRACTOR shall be responsible for complete‐in‐place installation and proper functionality of all equipment and materials at each water service location including the water meter body with connection components including washers and gaskets, stainless steel stiffeners, compression fittings, encoder register, transmitter, meter box and lid, hardware and mounting material for the water meter and transmitter. i.
Except as specified in “SECTION 2”, the CONTRACTOR shall furnish all equipment, parts, materials, labor and technical services necessary to replace existing water meters with new water meters equipped with absolute encoder registers and transmitters. The CONTRACTOR shall also replace all existing (typically cast iron materials) meter box lids with polyethylene resin lids or cast iron lids at AMR equipped water meters, as required. Installation includes scheduling and coordinating work activities with the Water Meter Vendor and AMR System Provider.
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The CONTRACTOR shall verbally notify the water service customer prior to cutting off water. Once water service is interrupted, the CONTRACTOR must work continuously without ceasing until water service is restored. Notification of the water service customer shall be by door hanger or approved method. The CONTRACTOR shall be responsible for providing to CFPUA a notification plan outlining the sequence for notification including but not limited to draft door hanger and other documents to be provided to the public.
k. All scheduling and sequencing of water meter/AMR installations must be approved by CFPUA. Unless stated otherwise by the CFPUA, water meters will be replaced according to reading routes and billing cycles. Meter replacement sequencing and route selection will be downloaded to the CONTRACTOR field collection devices daily. The CONTRACTOR shall work with the CFPUA to determine the daily replacement schedule. l.
The CONTRACTOR services for water meter installation at each service location shall be defined as all equipment, parts, materials and labor including but not limited to traffic control, mobilization, meter
Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project testing, transmitter testing, technical services, data collection and recordation, adjustment and setting of existing meter boxes and/or meter setter, replacement of meters, meter boxes and lids including disposal of old meters and lids to Contractor designated facilities, flushing service lines, removal and disposal of meter box soils/debris, removal and repair of asphalt, concrete & brick structures. In addition, the meter setter or yolk must be replaced when the device fails to function properly. Unusable existing meter boxes shall be replaced as directed by Engineer. Bid quantities are identified in the schedule of values for individual unit prices. Refer to specific reference drawings for installation details of the following items: • • • •
Standard Single Service Connection (Exhibit “1‐SSC“) Double Service Connection (Exhibit “2‐DSC“) Pavement Repair (Exhibit “3‐PR“) Large Meter (Bid Alternate) (Exhibit “4‐LM“)
m. In the event that the service line from the main to the service connection is made of copper, any defect or replacement of a section of this line shall be allowed to be spliced, provided the splice connection is performed to all applicable specifications and regulations. No other material shall be allowed to be spliced. Should the non‐copper service line between the main and the meter be damaged or found to be inoperable in the course of replacement of the water meter, the CONTRACTOR shall be responsible for replacing the entire service connection, including a new tap to main. n. Any modification, replacement or repair of a service line, setter, curb stop or other appurtenance to a water meter requires the line be thoroughly flushed and cleared of all shavings, sand and debris prior to installation of the new water meter. Any replacement of service line shall include the installation of Tracer Wire (#10 copper solid core wire). Wire shall be strapped to PE piping with duct tape at 12‐foot intervals. All wire splices shall have water proof wire connections. Water service line piping shall be polyethelene (PE) tubing, SDR 9, 200 psi, conforming to ASTM D2737/AWWA C901. No joint shall be installed between the main service tap and the meter stop. o. The CONTRACTOR shall be aware that the presence of Asbestos Cement Pipe (ACP) water mains are located within in the CFPUA system. Should the CONTRACTOR be required to perform a new service line tap to an ACP water main, the tap shall not be made until a CFPUA Operations employee is present. p. If the existing water meter cannot be located, the CONTRACTOR shall continue meter replacement until CFPUA can flag the meter location. After the meter is located by the CFPUA, the CONTRACTOR will return to complete the meter installation. q. The CONTRACTOR must have Quality Control personnel on site to follow behind the meter installation crews the same day of installation to ensure all new water meters are installed, operating and reading correctly and ensure all water services have been reactivated. r.
All water meters must be verified to be working correctly at the time of installation. This must be done by flushing a measurable amount of water through the meter and verifying a change in the meter register value (i.e. 10 gallons for a 5/8 or ¾ meter). The flushing location must be between the water meter and the facility being serviced. If no flushing points are accessible outside the facility being served, the CONTRACTOR shall arrange for the facility occupants to flush the service line from inside the facility until the proper register reading is accomplished. Additionally, all vaults and boxes must be
Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project pumped to the extent that the meter and connections are clearly above water level. The CONTRACTOR shall assure that the first reading as entered in the data management system shall not include any water flowing through the new meter utilized for flushing. s. All water meters must be checked thoroughly for leaks. Any leak detected within 90 (ninety) days of meter installation will be the responsibility of the CONTRACTOR to repair immediately, including leaks located on the residential side of the meter. Should a leak be reported on the residential side of the meter in the time period beyond 90 days from meter installation and the expiration of the Cycle Warranty the CONTRACTOR shall be responsible for investigation of the said leak within 24 hours of notification to determine if work was performed on the residential side of the meter. If work was performed on the residential side of the meter, the CONTRACTOR shall be responsible for repair of the leak and compensation to CFPUA in the amount of the bill adjustment to the customer. t. All new water meters must have the transmitter verified to be working correctly before the installation will be considered complete and successful. This must be done by specifically interrogating the replacement unit by radio communication (both handheld and mobile) and confirming that the reading acquired matches the reading on the meter register. u. Meter boxes should be wholly cleared of debris, soils and other materials as necessary to provide proper installation of the water meters. Foundation soils inside the meter boxes should be below the bottom of the in‐ line curb stop. v. The CONTRACTOR shall be responsible for providing, upon request, a time‐stamped photograph collection for each replaced meter. The collection shall include a photograph of the last reading clearly visible and a photograph with a landmark, enabling the location of the meter to be identified. Alternatively, the CONTRACTOR may elect to store the replaced water meters for a total period of 75 days from the date of replacement to allow for physical viewing of the replacement meter. This location shall be secure and the sole responsibility of the CONTRACTOR. In the event of a customer dispute within the 75 day window, the CONTRACTOR shall be responsible for providing the disputed meter within 3 working days from request by CFPUA. Should the CONTRACTOR not be able to supply the photograph collection or the requested meter within the given time frame, they shall be responsible for reimbursing CFPUA for any damages caused through the billing dispute to a maximum value of $75 per meter. w. The CONTRACTOR shall be responsible for the proper disposal of the replaced water meters and lids after the required waiting period. It is understood that the meter bodies and cast iron lids may have salvageable value on the open market. The CONTRACTOR shall be solely responsible for delivery and acquisition of any value they wish to obtain from these parts. Based on the selected Vendor some meter manufacturers provide a refund for returned meters of like kind. The CONTRACTOR may utilize this option to acquire the used value of said like meters from the manufacturer or supplier. CFPUA shall not be responsible for any part of either process, unless Bid Alternate #3 is exercised. x. Dependent upon the selected water meter and meter reading system, the CONTRACTOR may encounter field conditions whereby the existing materials located within the system are of exact specification to the replacement materials. The CONTRACTOR, CFPUA and ENGINEER shall coordinate the evaluation of the current conditions of these materials and CFPUA shall provide direction to the contractor whether the existing materials shall be replaced. Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project y. The CONTRACTOR shall install new water meters with electronic registers and transmitters (see Bid Schedule for Quantities). The CONTRACTOR shall provide a written summary including “old meter final reading”. The CONTRACTOR shall history load the “old meter final reading” into the AMR system. z. The transmitter ID Number and Register Serial Number shall be collected by scanning the bar‐code id labels supplied with each device. At the time of meter installation, the CONTRACTOR will scan the ID Number and the Register Serial Number into a handheld field collection device. aa. Data must be collected electronically. At a minimum, the following information will be collected or verified in the field as indicated below by the CONTRACTOR at each water meter location. If any information is verified to be not correct, the CONTRACTOR shall input the correct information on the field collection device. • collect x/y coordinates of meter location • verify service address • verify old meter register number • collect final reading of old meter (field collection device) • collect new register serial number (scan bar code label) • collect new transmitter identification number (scan bar code label) • collect new meter information (type, size, multiplier) • record date and time of new installation • verify meter location text • record initial reading of new meter with electronic timestamp (field collection device) • document materials used during install bb. CONTRACTOR shall provide a digital photograph of the following for each water meter location: i. Prior to any replacement work 1. “Overall” view of meter location 2. View of last reading ii. After replacement work 1. “Overall” view of meter location 2. View of initial reading (post any required flushing) 3. View of bar code (both meter and endpoint if applicable) cc. Digital photographs shall be in .jpeg format and cropped to a 4:3 aspect ratio. They shall be a density of 72 dpi and a maximum file size of 100kb. The file format of the images shall be: i. “meterserialnumber”_location_old.jpeg (Existing location) ii. “meterserialnumber”_location_new.jpeg (New location) iii. “meterserialnumber”_read_old.jpeg (last read) iv. “meterserialnumber”_read_new.jpeg (first read) v. “meterserialnumber”_read_meter.jpeg (meter bar code) vi. “meterserialnumber”_read_ep.jpeg (endpoint bar code) dd. CONTRACTOR collected data and information must be delivered daily to the CFPUA at a time and location designated by the CFPUA. Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project ee. The CONTRACTOR shall provide a combined data file in the same format as outlined in Section z on a monthly basis. ff. ALL COSTS FOR TASKS AND REQUIREMENTS INDICATED IN THE SCOPE OF SERVICES ABOVE SHALL BE INCLUDED IN THE INSTALLATION OF WATER METERS, SEE SECTION “3” OF THE TECHNICAL SPECIFICATIONS FOR ‘BASIS OF PAYMENT’. gg. Electronic Data Collection ‐ CFPUA wishes to utilize electronic data collection where practical. The information may be collected by one device or multiple devices. An integrated software for data collection, data transfer and research of meter data must used during installation. The software should run on any standard Windows Mobile Handheld or compatible device with support for .NET framework applications to support data collection, validation, editing and data analysis. It should also support the collection of GPS/GIS Data including x/y coordinates of the meter location within sub‐meter accuracy. Data must be shared between CFPUA’s billing software and electronic field collection equipment in ASCII electronic file format with data field definition information as provided by the CFPUA. Collected data shall also be ArcObject compatible. The only information allowed to be manually entered (keyed) into the field collection device(s) is the “old meter final reading”. hh. The CONTRACTOR shall be responsible for the development of an automated process for transfer of all data collection described in section “z” into the CFPUA billing software system. This process shall be completed such that there is no manual data entry required on behalf of CFPUA to complete a billing cycle associated with replacement meters and new reading system. The automated data transfer shall be submitted to CFPUA and the ENGINEER prior to installation for approval. ii. The CONTRACTOR shall be required to provide a competent representative from the AMR system vendor physically on‐site for both the initial installation and the full implementation and testing of the AMR reading system software, for the minimum duration required and as approved by the Engineer. 3.4. Qualifications of CONTRACTOR a. Qualifications of the CONTRACTOR shall be consistent with the terms and conditions and all applicable information obtained through the pre‐qualification process, but generally may be described as: i. Technical Services 1. The CONTRACTOR shall have installation and technical personnel among its permanent employees who are fully knowledgeable about the operation, maintenance, and repair of the materials and equipment used and understanding of the CFPUA’S and State of North Carolina’s plumbing code requirements and policies, if applicable. The CONTRACTOR shall provide a list of such staff personnel with their address and telephone number(s) to the CFPUA. Technical personnel shall be thoroughly familiar with safety and emergency procedures per OSHA and other Local, State, and Federal standards. 2. The CONTRACTOR shall use proper construction techniques in performing such work and take care not to damage any CFPUA facilities, private utilities, or utility main lines. Any damage resulting from CONTRACTOR operations shall be repaired by the Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project CONTRACTOR to the satisfaction of the CFPUA at no additional cost. Work areas shall be restored immediately after installation of the meter and /or appurtenances. The CONTRACTOR shall hold the CFPUA harmless from any claims whatsoever resulting from the work performed by the CONTRACTOR, unless such claims arise from the negligence or willful conduct of the CFPUA and its employees and agencies. ii. Work Performance 1. In the event of failure of the materials or equipment, the CONTRACTOR shall service, repair, or replace the materials or equipment, at his option, as necessary, to limit the time from the start until completion of service installations to not greater than 2 hours. When the work cannot be completed on‐site within the 2 hour limit, the CONTRACTOR shall notify the CFPUA. 3.5. CONTRACTOR Responsibilities a. As indicated in the Contract Documents, the CONTRACTOR shall install approximately 5,000 water meters of different sizes. Registers and transmitters shall be installed at all new water meter replacements. New water meter box lids shall be installed at all new water mater replacements. b. The CONTRACTOR must provide CFPUA with the necessary software support and technical services to interface Electronic Data Collection Devices with the CFPUA’s computer system(s) and billing software. c. Prior to field installation activities, the CONTRACTOR should anticipate 60 to 90 days of time required, after notification of award, for coordination of work activities with CFPUA staff, equipment delivery, interfacing equipment, scheduling, meter replacement route building and testing. d. The CONTRACTOR must provide conex storage facilities for materials and equipment and coordinate with CFPUA for available designated site(s) with a specific time period and provisions for allowance of additional time beyond the contract period. e. The CONTRACTOR must provide for storage of old water meters. f. The CONTRACTOR must coordinate work activities and allow extra ordinary considerations for sensitive customers such as medical facilities, health care facilities, restaurants, car washes, etc. Special efforts will be made by CONTRACTOR to ensure minimum disruption to the utility needs and provide 24 hour notice. g. The CONTRACTOR shall repair and/or replace any pavement, curbing and sidewalk damage associated with installations. Refer to City of Wilmington Standard Details: SD 3‐11(Curbing), SD 3‐10 (Sidewalk) and SD 3‐103 (Brick Street). h. Work performed in the public right of way must meet or exceed CFPUA Standards and Specifications for all phases of work required in the right of way. Examples shall include, but not be limited to protection of all existing utilities and structures below or above ground, traffic control, securing work site to protect citizens and private encroachments until the site has been restored. The CONTRACTOR shall be aware that CFPUA maintains a blanket encroachment agreement with NCDOT and any work performed in Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project NCDOT right of way shall be subject to the terms of this agreement. The CONTRACTOR shall be responsible for any required permits or subject regulations when performing work in the City of Wilmington right of way. i.
Once work has begun, until the site has been restored to the satisfaction of the CFPUA and any other concerned parties, it shall be the sole responsibility of the CONTRACTOR to maintain and secure work site against possible personal and/or property damage and injury 24 hours per day and seven days per week until the job has been completely restored and accepted by CFPUA for payment.
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The CONTRACTOR shall guarantee and be held responsible for installation labor and materials for a minimum of twelve (12) months guarantee against failure for labor and material from date of acceptance. Warranty periods shall be established on a cycle by cycle basis. All equipment provided shall be subject to the terms and conditions of the manufacturer’s warranty.
k. Any discrepancies or ambiguities found in the specifications or changes that may be required during the execution of the project shall be provided to CFPUA immediately. l.
The CONTRACTOR shall be responsible for erecting a construction sign to the specifications contained in Exhibit “C” drawing entitled “Project Sign Plan”. CFPUA shall provide to the CONTRACTOR the location for the sign. The CONTRACTOR shall submit to CFPUA a mock sign for review and approval prior to final placement.
3.6. Management Reporting and Technical Recommendations a. The CONTRACTOR shall provide all submittals and reports in accordance with Section 013300. 3.7. CFPUA's Responsibilities a. Provide the best available information about existing water meters and locations. b. Provide a designated location(s) for CONTRACTOR provided conex storage of materials and equipment. c. Provide information regarding routes and phasing. Information shall include route maps, read schedule and specific areas that are seasonal. d. Designate a person to act as CFPUA’S Project Representative with respect to the work to be performed under this agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CFPUA policies and decisions with respect to materials, equipment, elements and systems pertinent to CONTRACTOR’S services. e. The CFPUA will cooperate and assist the CONTRACTOR with interfacing approved Electronic Collection Devices to the CFPUA’S computer system(s). f.
Give prompt notice to CONTRACTOR whenever CFPUA observes or otherwise becomes aware of any defect in work performance or work quality.
Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project g. Make payment to the CONTRACTOR for services rendered when fees become payable as defined in the Contract Documents. 3.8. Basis of Payment: a. The following procedure shall be the basis of payment for the Meter Replacement project: i. Payment Applications shall be submitted at a minimum monthly; ii. The information contained in this section shall be coordinated with the requirements of Section 012900; iii. The following shall detail the individual unit prices and the components included for payment: 1. 5/8” & 3/4” Meter Replacement a. This unit price shall replace all existing 5/8” & 3/4” meters with new 5/8” meters. b. 50% of the applicable unit price shall be submitted for payment upon field installation of the water meter and transmitter device and successful receipt of all applicable electronic data as required; c. The remaining 50% shall be submitted for payment upon final testing and successful testing of the entire route that the subject meter is assigned to. CFPUA endeavors to complete acceptance process within two weeks from notification from CONTRACTOR that route is ready for final acceptance. d. This unit price shall include all applicable materials, labor and other means necessary to replace the existing water meter with a new meter and new meter box lid. e. Any modification to the existing water meter service required to bring the service into compliance with applicable standard drawings and specifications detailed in these documents, not specifically broken out as a unit price, shall be included in this unit price. This shall include, but shall not be limited to, the replacement of any inoperable components of the water service, raising or lowering the meter location to meet required standard, removing excessive debris or standing water located within the meter service, removing landscape or other hardscape in conflict with the meter replacement. f. The Owner’s representative shall have final authority over the decision to replace or modify any related component to the existing water service to provide compliance with the required standard drawings and specifications contained herein. 2. AMR System Transmitter a. 50% of the applicable unit price shall be submitted for payment upon field installation of the water meter and transmitter device and successful receipt of all applicable electronic data as required; b. The remaining 50% shall be submitted for payment upon final testing and successful testing of the entire route that the subject meter is assigned to. c. This unit price shall include all applicable materials, labor and other means necessary to install new radio transmitter and antenna. d. This description shall be inclusive of single port AMR System Transmitter or dual port AMR System Transmitter. 3. Relocate or Replace Meter Box a. This unit price shall be submitted for payment upon field installation and acceptance by CFPUA or its representative; Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
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Meter Replacement Project b. This unit price shall include the additional cost required should the existing meter service location be determined by the Owner’s representative to be insufficient for continued operation. The Contractor shall then be provided a new service location by the Owner’s representative and shall be responsible for the installation of the new service, meter box and other appurtenances as required to meet the standard details and specifications contained herein. c. The provided new service location shall not require the disturbance of any rigid surfaces. d. The unit price shall not include the required replacement water meter, new meter box lid, radio transmitter and antenna, as those items shall be paid under the “5/8” & 3/4” Meter Replacement” unit price. Relocate or Replace Meter Box (Rigid Surface) a. This unit price shall be submitted for payment upon field installation and acceptance by CFPUA or its representative; b. This unit price shall include the additional cost required should the existing meter service location be determined by the Owner’s representative to be insufficient for continued operation. The Contractor shall then be provided a new service location by the Owner’s representative and shall be responsible for the installation of the new service, meter box and other appurtenances as required to meet the standard details and specifications contained herein. c. The provided new service location shall require the disturbance of rigid surfaces and the removal and replacement of said services shall be per the standard drawings and specifications contained herein. d. The unit price shall not include the required replacement water meter, new meter box lid, radio transmitter and antenna, as those items shall be paid under the “5/8” & 3/4” Meter Replacement” unit price. Replace Meter Setter a. This unit price shall be submitted for payment upon field installation and acceptance by CFPUA or its representative; b. This unit price shall include the replacement of an existing meter setter with a new setter configuration per the standard drawings and specifications contained herein. c. The Owner’s representative shall have final authority over the decision to replace the meter setter and shall be consulted prior to the removal of the existing setter configuration; AMR System Handheld Receiver a. This unit price shall be submitted for payment upon delivery of materials to the possession of CFPUA; b. This unit price shall include the delivery of the handheld field collection unit with integrated receiver board as described in “Handheld Reading System” of Section 1.4 Hardware Requirements of Technical Specification 1 – AMR Reading System; AMR System Mobile Collector a. This unit price shall be submitted for payment upon delivery of materials to the possession of CFPUA; b. This unit price shall include the delivery of the mobile collection unit with integrated receiver board as described in “Handheld Reading System” of Section
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11.
12.
Meter Replacement Project 1.4 Hardware Requirements of Technical Specification 1 – AMR Reading System; AMR Read System Software & Billing System Integration a. This unit price shall be submitted for payment upon delivery of materials to the possession of CFPUA and full integration of said software. Full integration shall be described as the successful automated data collection process of collecting mobile reads from newly installed meters and endpoints, downloading of readings, integration and transfer to CFPUA billing software; b. This unit price shall include all software installation and applicable licenses required for usage of said software over the entire life of the project to include the available option years. It shall also include all labor associated with installing the software, coordination with CFPUA staff for applicable infrastructure on which to install the software and start‐up and testing of the software; Salvage of Replaced Meters (Contractor) a. This unit price shall be indicated on the bid form as a credit to the contract; b. This unit price shall be submitted for payment in direct correlation to Item 1 as described above; c. It shall be noted that this unit price shall not be guaranteed nor directly connected to the actual salvage value received by the CONTRACTOR; d. The salvage value line item shall be null and void if Bid Alternate #3 is selected. Residential Meter Sample Station a. This unit price shall be submitted for payment upon field installation and acceptance by CFPUA or its representative; b. This unit price shall include the installation of a Residential Meter Sample Station per the standard drawings and specifications contained herein. Mobilization a. This unit price shall be submitted for payment at the discretion of the Contractor. Alternate #1 – 1”, 1‐1/2” & 2” Meter Replacement (If selected) a. 50% of the applicable unit price shall be submitted for payment upon field installation of the water meter and transmitter device and successful receipt of all applicable electronic data as required; b. The remaining 50% shall be submitted for payment upon final testing and successful testing of the entire route that the subject meter is assigned to. c. This unit price shall include all applicable materials, labor and other means necessary to replace the existing water meter with a new meter and new meter box lid. d. Any modification to the existing water meter service required to bring the service into compliance with applicable standard drawings and specifications detailed in these documents, not specifically broken out as a unit price, shall be included in this unit price. This shall include, but shall not be limited to, the replacement of any inoperable components of the water service, raising or lowering the meter location to meet required standard, removing excessive debris or standing water located within the meter service, removing landscape or other hardscape in conflict with the meter replacement.
Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
TS3‐13
Meter Replacement Project e. The Owner’s representative shall have final authority over the decision to replace or modify any related component to the existing water service to provide compliance with the required standard drawings and specifications contained herein. f. The applicable salvage value for all mid‐size meters replaced under Alternate #1 shall be included in the unit price for meter replacement and shall not be broken out separately; g. The basis of payment for AMR System Transmitter shall be as described in Item 2 above. 13. Alternate #2 – Alternate ‐ Piston Meter (If Selected) a. The basis of payment for this unit price, if selected, shall be as described in Item 1 above. 14. Alternate #3 – Salvage of Replaced Meters (CFPUA) (If Selected) a. The basis of payment for this item shall be submitted in direct correlation to Item 1; 15. Alternate #4 ‐ 5/8” & ¾” Meter Replacement (Non‐Cycle) a. The basis of payment for this item shall be submitted upon installation and acceptance of each individual meter. Acceptance shall be granted by CFPUA upon 1 successful drive‐by meter reading for the individual meter. Any appurtenances as described in the Base Bid shall be submitted for payment per the specifications outlined in this section.
Cape Fear Public Utilities Authority Water Meter Replacement Program – Meter Install
TS3‐14
Exhibit A
Exhibit B
Target Date = LAST DATE
10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 10-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun
LAST DATE TO READ (63 DAYS)
244 286 231 333 320 291 428 330 523 503 385 183 460 174 61 509 228 175 247 141 105 361 158 243 317 214 265 466 332 272 73 319 419 389 278 479 384 473 460 343 58 435 328 378 242 165 108 493 413 342 266
EARLIEST DATE CLEARED TO READ (58 DAYS)
1 2 3 4 5 6 7 8 9 10 96 97 11 12 14 81 95 21 22 23 28 13 14 21 22 23 24 25 26 11 12 15 16 17 18 19 39 55 56 21 22 23 24 25 26 27 28 27 28 29 30
SCHEDULED BILLING DATE
SERVICES
ROUTE
CYCLE 20 20 20 20 20 20 20 20 20 20 20 20 21 21 21 21 21 22 22 22 22 23 23 23 23 23 23 23 23 24 24 24 24 24 24 24 24 24 24 25 25 25 25 25 25 25 25 26 26 26 26
31-May 25-May 30-May 25-May 25-May 30-May 29-May 25-May 1-Jun 1-Jun 1-Jun 29-May 2-Jun 29-May 29-May 5-Jun 29-May 2-Jun 25-May 25-May 1-Jun 31-May 29-May 30-May 31-May 31-May 25-May 5-Jun 31-May 15-Jun 8-Jun 13-Jun 6-Jun 7-Jun 8-Jun 14-Jun 9-Jun 15-Jun 15-Jun 12-Jun 12-Jun 14-Jun 13-Jun 12-Jun 8-Jun 8-Jun 7-Jun 8-Jun 7-Jun 12-Jun 8-Jun
5-Jun 30-May 4-Jun 30-May 30-May 4-Jun 3-Jun 30-May 6-Jun 6-Jun 6-Jun 3-Jun 7-Jun 3-Jun 3-Jun 10-Jun 3-Jun 7-Jun 30-May 30-May 6-Jun 5-Jun 3-Jun 4-Jun 5-Jun 5-Jun 30-May 10-Jun 5-Jun 20-Jun 13-Jun 18-Jun 11-Jun 12-Jun 13-Jun 19-Jun 14-Jun 20-Jun 20-Jun 17-Jun 17-Jun 19-Jun 18-Jun 17-Jun 13-Jun 13-Jun 12-Jun 13-Jun 12-Jun 17-Jun 13-Jun
2-Jun 27-May 1-Jun 27-May 27-May 1-Jun 31-May 27-May 3-Jun 3-Jun 3-Jun 31-May 4-Jun 31-May 31-May 7-Jun 31-May 4-Jun 27-May 27-May 3-Jun 2-Jun 31-May 1-Jun 2-Jun 2-Jun 27-May 7-Jun 2-Jun 17-Jun 10-Jun 15-Jun 8-Jun 9-Jun 10-Jun 16-Jun 11-Jun 17-Jun 17-Jun 14-Jun 14-Jun 16-Jun 15-Jun 14-Jun 10-Jun 10-Jun 9-Jun 10-Jun 9-Jun 14-Jun 10-Jun
26 26 26 26 26 26 26 9 9 9 9 9 9 9 9 27 27 27 27 27 27 27 27 27 27 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 28 29 29 29 29 29 29 29 29 29 29 29 10 10 10 10 10 10
31 32 33 34 35 36 37 25 30 37 38 39 56 66 79 11 12 27 28 29 30 31 32 35 88 CP 21 22 23 24 25 26 27 28 29 36 37 38 40 57 58 59 76 20 21 22 23 24 25 26 27 28 29 30 2 45 63 85 91 95
234 309 329 496 389 271 374 484 247 494 389 332 269 276 360 253 215 364 306 220 459 486 265 198 250 209 267 298 298 201 201 213 321 128 425 333 359 159 377 289 232 447 234 359 555 299 308 508 356 288 400 463 539 67 351 107 583 257 290
20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 20-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun 30-Jun
6-Jun 14-Jun 7-Jun 9-Jun 12-Jun 7-Jun 8-Jun 14-Jun 13-Jun 9-Jun 6-Jun 12-Jun 13-Jun 9-Jun 12-Jun 23-Jun 15-Jun 19-Jun 23-Jun 22-Jun 15-Jun 23-Jun 19-Jun 15-Jun 16-Jun 15-Jun 15-Jun 16-Jun 19-Jun 16-Jun 20-Jun 20-Jun 15-Jun 16-Jun 19-Jun 16-Jun 19-Jun 15-Jun 21-Jun 16-Jun 16-Jun 21-Jun 16-Jun 20-Jun 20-Jun 20-Jun 16-Jun 19-Jun 20-Jun 22-Jun 16-Jun 20-Jun 21-Jun 15-Jun 21-Jun 15-Jun 23-Jun 23-Jun 16-Jun
11-Jun 19-Jun 12-Jun 14-Jun 17-Jun 12-Jun 13-Jun 19-Jun 18-Jun 14-Jun 11-Jun 17-Jun 18-Jun 14-Jun 17-Jun 28-Jun 20-Jun 24-Jun 28-Jun 27-Jun 20-Jun 28-Jun 24-Jun 20-Jun 21-Jun 20-Jun 20-Jun 21-Jun 24-Jun 21-Jun 25-Jun 25-Jun 20-Jun 21-Jun 24-Jun 21-Jun 24-Jun 20-Jun 26-Jun 21-Jun 21-Jun 26-Jun 21-Jun 25-Jun 25-Jun 25-Jun 21-Jun 24-Jun 25-Jun 27-Jun 21-Jun 25-Jun 26-Jun 20-Jun 26-Jun 20-Jun 28-Jun 28-Jun 21-Jun
8-Jun 16-Jun 9-Jun 11-Jun 14-Jun 9-Jun 10-Jun 16-Jun 15-Jun 11-Jun 8-Jun 14-Jun 15-Jun 11-Jun 14-Jun 25-Jun 17-Jun 21-Jun 25-Jun 24-Jun 17-Jun 25-Jun 21-Jun 17-Jun 18-Jun 17-Jun 17-Jun 18-Jun 21-Jun 18-Jun 22-Jun 22-Jun 17-Jun 18-Jun 21-Jun 18-Jun 21-Jun 17-Jun 23-Jun 18-Jun 18-Jun 23-Jun 18-Jun 22-Jun 22-Jun 22-Jun 18-Jun 21-Jun 22-Jun 24-Jun 18-Jun 22-Jun 23-Jun 17-Jun 23-Jun 17-Jun 25-Jun 25-Jun 18-Jun
Exhibit C
Exhibit D
Alternate #4 ‐ Non‐Cycle Meter Replacement Cycle Route Services 9 10 20 20 21 22 22 24 24 24 24 25 25 26 26 26 26 26 26 26 26 26 26 27 27 27 27 27 27 28 28 28 28 28 28 28 29 29 33 33 33
38 95 10 96 81 21 28 11 16 55 56 23 24 27 28 29 30 31 32 34 35 36 37 11 12 27 28 29 31 26 27 36 57 58 59 76 27 30 78 79 80
11 2 38 24 16 30 6 14 16 26 15 57 21 3 123 11 13 6 32 9 17 9 11 26 8 19 14 8 13 6 4 10 9 14 2 34 14 83 2 3 6
33 33 33 33 34 34 34 34 35 4 9 10 20 20 21 22 22 24 24 24 24 25 25 25 26 26 26 26 26 26 26 26 26 26 27 27 27 27 27 27 28 28 28 28 28 28 28
82 83 84 85 24 27 29 30 75 27 38 95 10 96 81 21 28 11 16 55 56 23 24 28 27 28 29 30 31 32 34 35 36 37 11 12 27 28 29 31 26 27 29 36 57 58 59
8 2 21 16 20 6 4 46 49 1 7 10 30 15 27 5 2 23 5 20 11 10 7 2 6 16 3 17 10 12 16 35 14 21 9 13 35 15 19 17 12 24 29 31 44 34 22
28 29 29 29 29 29 30 33 33 33 33 33 33 33 34 34 34 34 35 37
76 21 23 24 27 30 49 78 79 80 82 83 84 85 24 27 29 30 74 52
36 1 1 1 12 11 2 7 6 8 6 11 1 17 25 10 7 16 28 1 1793
Exhibit E
Meter Replacement Project
Example Standard 5/8” Meter Service Connection (Provided for Informational Purposes Only, Contractor shall comply with all applicable CFPUA standards, specifications and detail drawings)
Overall View of Typical Meter Service Connection
Domestic Meter & Appurtenances Cape Fear Public Utility Authority Customer Meter Replacement Program
Exhibit E
Meter Replacement Project
Overhead view of Domestic Meter & Appurtenances
Overhead view of Irrigation Meter & Appurtenances
Cape Fear Public Utility Authority Customer Meter Replacement Program
Exhibit E
