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HomeMy WebLinkAboutRES 378 Draft 01 2016-2018 COUNTY OF HAWAII :e',31E STATE OF HAWAII .• RESOLUTION NO. 378 17 A RESOLUTION TO APPROVE AND ADOPT A CORRECTED MAP OF THE SPECIAL IMPROVEMENTS TO BE CONSTRUCTED OR IMPROVED, TOGETHER WITH FINAL DETAILS, PLANS, AND SPECIFICATIONS FOR A SEWER SYSTEM IMPROVEMENT DISTRICT FOR THE LONO KONA SUBDIVISION. WHEREAS, pursuant to Sections 12-17 and 12-18, Hawai`i County Code 1983 (2016 Edition), as amended, and Resolution No. 72-15 adopted pursuant to such Sections on March 4, 2015, the Hawai`i County Council (the "Council") determined to create, define and establish a Sewer System Improvement District (the "Improvement District") for the purpose of funding certain special improvements consisting of a public sewer system to serve the Lono Kona Subdivision(the "Sewer System"); and WHEREAS,pursuant to Resolution No. 72-15,the Council further instructed the Director of the Department of Environmental Management(the "Department") to prepare a corrected map of the special improvements to be constructed or improved as part of the Sewer System showing the exact location of the improvements, together with final details,plans and specifications for the work in such form as will readily permit and encourage genuine competition between contractors in the calling of bids and awarding of a contract for the special improvements; and WHEREAS,the Department contracted Belt Collins Hawai`i, LLC to prepare and furnish the foregoing documents, which consist of(a) the document entitled "Lono Kona Sewer System Improvements" prepared by Belt Collins Hawai`i, LLC, showing a corrected map of the special improvements to be constructed or improved as part of the Sewer System showing the exact location of the improvements, a copy of which is attached to this Resolution as Exhibit"A" and (b)final details,plans, and specifications, a copy of which is attached to this Resolution as Exhibit "B"both of which are incorporated herein by reference made parts hereof; and WHEREAS, the documents have been reviewed by the engineering staff of the Department and the United States Department of Agriculture, and are currently undergoing review by other departments and agencies with jurisdiction, whose resulting comments will be addressed prior to the advertisement of the bid; and WHEREAS, in accordance with Section 12-19 of the County Code, the Council, having the opportunity to review and question the documents, may proceed to approve and adopt the documents; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Section 12-19 of the County Code, the Council accepts and approves the corrected maps of the special improvements to be constructed or improved as part of the Sewer System showing the exact location of the improvements, together with final details, plans, and specifications for the work. 1 BE IT FURTHER RESOLVED that the documents attached to this Resolution as Exhibit"A" and Exhibit"B" are hereby approved and adopted and, following revisions to address comments from DEM, USDA, Hawai`i State Historic Preservation Division, Department of Public Works, Department of Water Supply, Planning, Hawai`i State Department of Health Wastewater Branch, HELCO, and communications utilities, shall be used as the basis for the calling of bids and awarding of a contract for the work as provided in Resolution No. 72-15, A Resolution of Determination to Proceed to Create and Define a Sewer System Improvement District for the Lono Kona Subdivision. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption thereof. BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii shall transmit copies of this resolution to the Honorable Mayor Harry Kim; Finance Director Deanna Sako; Corporation Counsel Joseph K. Kamelamela; Real Property Tax Division Tax Administrator Stanley Sitko; Department of Environmental Management William Kucharski; Environmental Management Commission Chair James Fritz; Hawai`i State Acting Director Don Etes, USDA RD; Bond Counsel Brian T. Hirai, McCorriston Miller Mukai MacKinnon LLP; and County Clerk Stewart Maeda. Dated at Hilo , Hawai`i this 2rr1 day of November, 2017. INTRODUCED BY: / fe , AM. ,,ki COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by EOFF X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawaii on November 2, 2017 X LEE LOY X O'HARA X ATTEST: POINDEXTER X 5 RICHARDS x RUGGLES X `. 8 0 1 0 /, ► -4, 7 . Reference: C-559/Waved FC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 378 2 EXHIBIT f'Afl 0 r r 0� r- O W Uj VJ � Z cl W v o k MPa C'W /^� /*) C37 /meqO v N It O �• �6 zU �6 &S3 i€ > W Q O i ® �>ZOC�CD O 6A-°Yaa� z CO Lo �dvYo W LO O 0 z W L O LU 881, �.�/ G ¢ F z .. Y W V.. ..... .. w �t33�3333 Y 3 V11 3 aJOJSJ a . ooa ... p— 000°°ry 0 > o LL HS,°ooF N�� �� 33ss " � m° Z _ U' O W Z U— O Z w m $ 0ou0 000000000000000000000000000 0000 V Z goaN a o 0 0 n o i WQ z Q '¢ z Q� ofa. . 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A brief description of the work is stated in the Notice to Bidders and Section 01 10 00, Summary of Work. To determine the full scope of the project or any particular part of the project, coordinate the applicable information in the several parts of these Contract Documents. 1.02 GENERAL REQUIREMENTS B. General Requirements and Covenants and Standard Specifications The General Requirements and Covenants of the Department of Public Works, County of Hawai'i (July 1972) and the Standard Specifications for Public Works Construction (September 1986) shall be applicable and incorporated herein and made a part of these specifications. 2 Said Requirements and Covenants and Specifications are not physically included, but are included by reference. Copies are available for purchase at the Department of Public Works Engineering Division during regular business hours of the County. C. Standard Details The Standard Details for Public Works Construction, Department of Public Works, County of Hawai'i, September 1984, where applicable, shall be incorporated herein and made apart of these specifications. Said Standard Details are on file and may be inspected and/or purchased at the Department of Public Works Engineering Division during regular business hours of the County. D,. The Specifications l The following articles shall and do hereby apply to each and every section of the Specifications as though fully contained therein: a Trade Distinctions For convenience of reference and to facilitate letting of subcontracts, these Specifications are separated into Sections. Such separations shall not operate to make the Engineer an arbiter or to establish subcontract limits between the Contractor and Subcontractor. ii Sections in these specifications conform roughly to the customary trade practice. They are used for convenience only. The Engineer is not bound to define the limits of any subcontract. Lono Kona Sewer Improvements 01 00 00-1 GENERAL REQUIREMENTS Job No. WW - EXHIBIT "B" iii. Grouping of items of work in divisions of technical specifications is not intended as assignment to a specific subcontractor or trade union. b Work Included Each specification section shall imply the furnishing of all labor, and materials, required for the complete installation of the subject work unless specifically stated otherwise in the specific section of the Specifications. e. Related Work Specified in Other Sections i. Considered to apply wherever it is properly implied in any particular section whether specifically stated or not. d Codes and Standards Any reference in the specifications text to codes, standard specifications or manufacturer's instructions shall mean the latest printed edition of each in effect at the contract date. Building Laws The Contractor shall comply with the local laws, ordinances, rules and regulations bearing on the work, and he must obtain and pay for all permits, licenses, certificates, and give all notices which may be required. f Laws and Permits The Contractor shall comply with the local laws, ordinances, rules and regulations bearing on the work, and he must obtain and pay for all permits, licenses, certificates, and give all notices which may be required. ii In the event that the County secures project permits prior to award of the Contract, the Contractor shall be responsible for compliance with all permit conditions and submittal of additional documents which may be required under the conditions of the permit. PART 2 - MATERIAL, EQUIPMENT AND WORKMANSHIP 2.01 GENERAL A. Unless otherwise specifically stated in the contract documents, the Contractor shall provide and pay for materials, labor, tools, equipment, water, light, power, transportation, supervision, and temporary construction of any nature, and other services and facilities of any nature, whatsoever necessary, to execute, complete and deliver the work within the specified time. B. Material and equipment shall be new and of a quality equal to that specified. Equipment offered shall be current models, which have been in successful regular operation under comparable conditions. This requirement does not apply to minor details, or to thoroughly demonstrated improvements in design or in materials of construction. C. Construction work shall be executed in conformity with the standard practice of each trade. Lono Kona Sewer Improvements 01 00 00-2 GENERAL REQUIREMENTS Job No. WW- 2.02 QUALITY X Where the contract requires that materials or equipment be provided or that construction work be performed, and detailed specifications of such materials, equipment or construction work are not set forth, the Contractor shall perform the work using materials and equipment of the best grade in quality and workmanship obtainable in the market, from firms of established good reputations, and shall follow standard practices in the performance of construction work. The work performed shall be in conformity and harmony with the intent to secure the standard of construction and equipment of work as a whole and in part. 2.03 MATERIAL AND EQUIPMENT SPECIFIED BY NAME A,GENERAL 1. When material or equipment is specified by reference to one or more patents, brand names, or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other materials or equipment, of equal capacities, quality and function shall be considered by the County upon the Contractor's request for substitution. 2 Requests for substitution shall be made in accordance with the General Requirements and Covenants, County of Hawai'i, Department of Public Works, 1972, as amended. B.. SINGLE SOURCE PRODUCTS If material or equipment is specified by only one patent or proprietary name, or by the name of only one manufacturer, it is for the purpose of standardization, or because the County knows of no equal. If standardization is the reason for using one name to specify any material or equipment, the specifications will so state, and substitutions will not be considered. In other cases, the Contractor may offer substitutions of products considered to be equal to that specified in accordance with Section 2.03.A. C. SPECIFIED ARTICLES OR EQUAL CLAUSE In order to establish a basis of quality, certain materials or articles may be specified by designating a particular manufacturer's name, brand, or number. It is not the intent of the specifications to exclude other materials or articles that measure up to the standards of those specified. Whenever an article is specified by giving the manufacturer's name, it is understood that the words "or equal" follow thereafter. Should the Contractor desire to make any substitutions, substitutions shall be requested in accordance with Section 2.03.A. Lono Kona Sewer Improvements 01 00 00-3 GENERAL REQUIREMENTS Job No. WW- 2.04 DEMONSTRATION OF COMPLIANCE WITH CONTRACT REQUIREMENTS A, INSPECTION To demonstrate his compliance with the contract requirements, the Contractor shall assist the Engineer in his performance of inspection work. 2 The Contractor shall grant the Engineer access to the work and to the site of the work, and to the places where work is being prepared, or where materials, equipment or machinery are being obtained for the work. The Contractor shall provide information requested by the Engineer in connection with inspection work. 3 If the contract documents, laws, ordinances, or any public regulatory authority require parts of the work to be specially inspected, tested or approved, the Contractor shall give the Engineer adequate prior written notice of the availability of the subject work for examination. 4 If parts of the work are covered in the absence of the Engineer and contrary to the Engineer's directive, the cost of exposing the work for inspection and closing shall be borne by the Contractor regardless of whether or not the work is found to be in compliance with the contract. B. SAMPLES OF MATERIALS I . The Contractor shall provide samples to the Engineer in accordance with Section 01 33 00, Submittal Procedure. C. CERTIFICATION I. In cases where compliance of materials or equipment to contract requirements is not readily determinable through inspection and tests, the Engineer shall request that the Contractor provide properly authenticated documents, certificates or other satisfactory proof of compliance. These documents, certifications and proofs shall include performance characteristics of materials. D. INSPECTION AT POINT OF MANUFACTURING 1. If inspection and testing of materials or equipment in the vicinity of the work by the County is not practicable, the specifications may require that such inspection and testing or witnessing of tests take place at the point of manufacture. 2 In this case and in the event that remote inspection and testing is not specified and is requested by the County, the required travel, subsistence, and labor expense shall be paid by the County. I If the Contractor requests the County to inspect and test material or equipment at the point of manufacture, then the additional cost to the County for travel, subsistence, and labor expenses shall be paid by the Contractor. Lono Kona Sewer Improvements 01 00 00-4 GENERAL REQUIREMENTS Job No. WW- 2.05 MANUFACTURER'S DIRECTIONS X Manufactured articles, material and equipment shall be applied, installed, connected, erected, adjusted, tested, operated and maintained as recommended by the manufacturer, unless otherwise specified. B,, Manufacturer's installation instructions and procedures shall be provided prior to installation of the manufactured articles, material and equipment. 2.06 SPECIAL TOOLS A. For each type of equipment furnished by him, the Contractor shall provide a complete set of all special tools (including grease guns or other lubricating devices), which may be necessary for the adjustment, operation, maintenance, and disassembly of such equipment. Tools shall be high-grade, smooth, forged, alloy, tool steel. Grease guns shall be lever type. ,. Special tools are considered to be those tools which because of their limited use are not normally available, but which are necessary for the particular equipment. C. Special tools shall be delivered at the same time as the equipment to which they pertain. The Contractor shall properly store and safeguard such special tools until completion of the work, at which time they shall be delivered to the County. 2.07 PROTECTION AGAINST ELECTROLYSIS X Where dissimilar metals are used in conjunction with each other, suitable insulation shall be provided between adjoining surfaces so as to eliminate direct contact and any resultant electrolysis. The insulation shall be bituminous impregnated felt, heavy bituminous coatings, nonmetallic separators or washers, or other acceptable materials. 2.08 CORRECTION OF DEFECTIVE WORK A. When, and as often as the Engineer determines through his inspection procedures, material, equipment or workmanship incorporated in the project do not meet the requirements of the contract, the Engineer shall give written notice of the noncompliance to the Contractor. B. Within five (5) days from the receipt of such notice, the Contractor shall undertake the work necessary to correct the deficiencies, and to comply with the contract. C. If the Contractor disagrees with the Engineer's determination and believes that the corrective work should be covered by a change order, he shall immediately notify the, Engineer, in writing, setting forth his position. D. Within ten (10) days after receipt of the Contractor's notification, the Engineer will review the matter and notify the Contractor, in writing, of his determination. F If the Engineer determines that the corrective work is required in order to comply with the contract, the Contractor shall proceed with such work. Lono Kona Sewer Improvements 01 00 00-5 GENERAL REQUIREMENTS Job No. WW- F, As a condition precedent to the Contractor's request for either additional compensation or time extension, or both, resulting from the performance of such corrective work, the Contractor shall within 15 calendar days after receipt of the Engineer's determination, notify the Engineer in writing of his intent to claim additional compensation, time or both. The written notification to the Engineer shall be submitted prior to the performance of any and all corrective work. 2 The Contractor shall document the cost information associated with the corrective work with daily records and shall provide such information to the Engineer monthly. Receipt of the cost data by the Engineer shall not be construed to be an acceptance of the corrective work, or an authorization for a change order to cover the collective work. PART 3 - SITE CONDITIONS 3.01 SITE INVESTIGATION AND REPRESENTATION A. By submission of his Bid, the Contractor acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon availability of transportation, access to the site, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work and all other matters which can in any way affect the work or the cost thereof under this Contract. B. The Contractor further acknowledges that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the County. Failure by the Contractor to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. C. The Contractor warrants that as a result of his examination and investigation of all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the County. D. The County assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this contract, unless (I) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefor is assumed by the County. B, The Contractor shall be responsible to address, to the satisfaction of the Engineer, any unforeseen conditions encountered at no additional cost to the County. Lono Kona Sewer Improvements 01 00 00-6 GENERAL REQUIREMENTS Job No. WW- 3.02 INFORMATION ON SITE CONDITIONS A, Any information obtained by the County and specifically referenced in the Contract Documents regarding site conditions, subsurface information, ground -water elevations, construction of existing site facilities as applicable, and similar data will be available for inspection at the office of the County upon request. B. Such information is offered as supplementary information only. Neither the Engineer nor the County assumes any responsibility for the completeness or interpretation of such supplementary information. C. Underground Utilities Known utilities and structures adjacent to or expected to be encountered in the work are shown on the Drawings. The locations shown are taken from existing records; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the County or the Engineer for their accuracy or completeness. 3.03 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE A. Where the Contractor's operations could cause damage or inconvenience to telephone, power, water, sewer, or irrigation systems, the operations shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the Contractor. B. Notify all utility offices which are affected by the construction operation at least 48 hours in advance or in accordance with the utility company's requirements. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. C, The Contractor shall be solely and directly responsible to the County and operators of such properties for any damage, injury, expense, loss inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. D. Neither the County nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. 3.04 MAJOR UTILITIES SERVING THE AREA OF WORK X The following is a list of the major utilities serving the work area indicating the name of the responsible authority of the various utilities which should be notified if conflicts or emergencies arise during the progress of the work: Lono Kona Sewer Improvements 01 00 00-7 GENERAL REQUIREMENTS Job No. WW- Utility Cable TV Telephone Sewer Water Electricity County roads Street lights and Traffic Signals State Roads Flood & Drainage Agency Spectrum Hawaiian Telcom County of Hawai'i Wastewater Division Department of Water Supply HELCO County of Hawai'i Highways Division Police, Traffic Division, County of Hawai'i Department of Transportation, State of Hawai'i County of Hawai'i 3.05 INTERFERING STRUCTURES Phone 808-961-0443 800-483-1000 808-961-8338 808-961-8790 808-935-6666 808-961-8636 808-935-3311 808-933-4640 808-961-8327 A. Take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground. An attempt has been made to show major structures on the Drawings. The completeness and accuracy of information shown cannot be guaranteed, and it is presented simply as a guide to avoid known possible difficulties. ,. Protect underground and above ground existing structures from damage, whether or not they lie within the limits of the work. C. Without additional compensation and with the consent of the Engineer, the Contractor may remove and replace in a condition as good as or better than original, such small miscellaneous structures as fences, mailboxes, and signposts that interfere with the Contractor's operations. 3.06 FIELD RELOCATION A. During the progress of construction, it is expected that minor relocation of the work will be necessary. Such relocation shall be made only by direction of the Engineer. ',. If existing structures and utilities are encountered which prevent the construction, and which are not shown on the Drawings, notify the Engineer before continuing with the construction in order that the Engineer may make such field revisions as necessary to avoid conflict with the existing structures and utilities. C. If the Contractor shall fail to so notify the Engineer when an existing structure and utility is encountered, and shall proceed with the construction despite this interference, he shall do so at his own risk. 3.07 DIMENSIONS OF EXISTING STRUCTURES A,. Where the dimensions and locations of existing structures are of importance in the installation or connection of any part of the work, the Contractor shall verify such dimensions and locations in the field before the fabrication of any material or equipment which is dependent on the correctness of such information. Lono Kona Sewer Improvements 01 00 00-8 GENERAL REQUIREMENTS Job No. WW- 3.08 OBSTRUCTIONS X The Contractor shall remove all obstructions, the removal of which shall be necessary for drawings over general drawings. The Contractor must verify all measurements at the site and be responsible for the accuracy of the same. PART 4 - WORK HOURS AND CONSTRUCTION PROGRESS 4.01 HOURS OF LABOR A. No work shall be done in excess of ten (10) hours in any one day or on Sundays or legal holidays of the County government without the written consent of the Engineer. B. In the event that the Engineer determines that the requested overtime work is solely for the Contractor's convenience, and should permission be granted by the Engineer to work at such times, the Contractor shall pay for all inspection and administrative costs. 4.02 CONSTRUCTION PROGRESS A. DEFINITIONS: Avoidable Delays: Avoidable delays in the prosecution of the work shall include delays which could have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor or his subcontractors. Avoidable delays include: a Delays which may in themselves be unavoidable but which affect only a portion of the work and do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the contract time. b Time associated with the reasonable interference of other contractors employed by the County which do not necessarily prevent the completion of the whole work within the contract time. Unavoidable Delays: Unavoidable delays in the prosecution or completion of the work shall include delays which result from causes beyond the control of the Contractor and which could not have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor or his subcontractors. a Delays in completion of the work of other contractors employed by the County under separate contracts will be considered unavoidable delays insofar as they interfere with the Contractor's completion of the work. b Delays caused by acts of God, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes and shortages of materials shall be considered as unavoidable delays insofar as they prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five hours per day toward completion of the current controlling item on the accepted critical path schedule. c Should abnormal conditions prevent the work from beginning at the usual starting time, or prevent the Contractor from proceeding with seventy-five percent (75%) of Lono Kona Sewer Improvements 01 00 00-9 GENERAL REQUIREMENTS Job No. WW- the normal labor and equipment force for a period of at least five hours per day, and the crew is dismissed as a result thereof, he will not be charged for a working day whether or not conditions change so that the major portion of the day could be considered to be suitable for work on the controlling item. B. SCHEDULE MODIFICATIONS 1 The Contractor shall furnish such manpower, materials, facilities and equipment as may be necessary to insure the prosecution and completion of the work in accordance with the accepted schedule. 2 It is further understood and agreed that none of the services perfomred by the Engineer in monitoring, reviewing and reporting project status and progress shall relieve the Contractor of responsibility for planning and managing construction work in conformance with the construction schedule. 3, If work falls 14 days or more behind the accepted construction schedule, the Contractor agrees that he will take some or all of the following actions to return the project to the accepted schedule. These actions may include the following: a Increase manpower in quantities and crafts. b Reschedule activities: If requested by the Engineer, the Contractor shall prepare a proposed schedule revision demonstrating a plan to make up the lag in progress and insure completion of the work within the contract time. The proposed revision shall be submitted to the Engineer. Upon receipt of an acceptable proposed schedule, the revision to the construction schedule shall be made in accordance with the Section 0132 16, Construction Schedule. C. CONTRACTOR'S RESPONSIBILITIES Avoidable Delays: All actions to return the project to the accepted schedule are at the Contractor's expenses. a The Contractor shall pay all costs incurred by the County which result from the Contractor's action to return the project to its accepted schedule. Contractor agrees that County shall deduct such charges from payments due the Contractor. Unavoidable Delays: For delays which the Contractor considers to be unavoidable, he shall submit to the Engineer complete information demonstrating the effect of the delay on the controlling operation in his construction schedule. a The submission shall be made within the end of the following working day of the occurrence, which is claimed to be responsible for the unavoidable delay. b The Engineer shall review the Contractor's submission and determine the number of days unavoidable delay and the effect of such unavoidable delay on controlling operations of the work. The County agrees to grant an extension of time to the extent that unavoidable delays affect controlling operations in the construction schedule. During such extension of time, neither extra compensation or engineering inspection and administration nor damages for delay will be charged to the Contractor. Lono Kona Sewer Improvements 01 00 00-10 GENERAL REQUIREMENTS Job No. WW- ic It is understood and agreed by the Contractor and County that time extensions due to unavoidable delays will be granted only if such unavoidable delay involves controlling operations which would prevent completion of the whole work within the specified contract time. PART 5 — PAYMENT 5.01 MEASUREMENT AND PAYMENT A. Measurement and payment items as indicated and specified within the Standard Specifications are hereby deleted and shall not be applicable to this contract unless otherwise specified. B. Measurement and payment shall be as specified in Bid Items included in the Bid Form and shall include all work, in place complete, including labor, material, equipment, tools, testing and incidental items. 5.02 EXTRA WORK A. No work of any kind in connection with the work covered by these specifications and plans shall be considered as extra work, or entitles the Contractor to extra compensation, except when the work has been ordered in writing by the Engineer, and specifically referred to as EXTRA WORK and the amount of compensation stated in the order. PART 6- SUPERVISION AND WORK COORDINATION 6.01 SUPERVISION AT THE JOB SITE A, The Contractor shall be or have in person on the job site or be represented by a responsible agent with authority to act for the Contractor in connection with the contract during the performance of the contract. , The Contractor shall file with the Engineer a written statement signed by the Contractor giving the names of any and all foremen and employees who are authorized to act in place of the Contractor. Any communications signed on behalf of the Contractor by such agents shall bind the Contractor. 6.02 SUBCONTRACTORS A, Under the terms of this contract, no subcontractor will be recognized by the County. The subcontractor's dealings shall be with the Contractor; however, each and every subcontractor shall manage and take care of his materials and waste, as part of the work to be performed by him. B. The County of Hawai'i will hold the Contractor responsible for all acts of a subcontractor, and it will deal only with the Contractor in any matter that may affect a subcontractor. Lono Kona Sewer Improvements 01 00 00-11 GENERAL REQUIREMENTS Job No. WW- 6.03 COORDINATION WITH OTHER CONTRACTORS X The Contractor shall coordinate his work with that of other contractors in the area and shall cooperate in the arrangements for storage of materials, scheduling of work, and scheduling of vehicular traffic patterns. PART 7 - DISPOSITION OF MATERIALS 7.01 RESPONSIBILITY FOR SALVAGE AND PROTECTION OF EQUIPMENT AND MATERIALS REMOVED A. The equipment and material to be salvaged as the work proceeds, shall be removed with extreme care so as not to damage it for future use. Equipment shall be cleaned and protected from dirt and the elements, and stored on site as directed. B,. Materials and equipment shall be stored and protected in accordance with the requirements of Section 0157 00. Temporary storage facilities may be erected at the project site for protection of materials and equipment. C. The Contractor shall be responsible for the security of the equipment and material until accepted by the County. D. Prior to dismantling equipment or piping, the Contractor shall confer with the County and the Engineer. The Engineer will indicate the locations where equipment is to be disconnected. Damage caused by the Contractor to equipment or material specified or indicated on the Drawings to be salvaged shall be replaced or repaired by the Contractor, at the Contractor's own expense. 7.02 MATERIAL TO BE SALVAGED A. Salvage work shall be considered incidental to the lump sum work or unit price work as applicable, and the Contractor's cost shall be included in the applicable items of work in the Proposal. Material to be salvaged shall be delivered to the location specified by the Engineer. 7.03 DISPOSAL OF UNSUITABLE MATERIAL A. All surplus rock, boulder and soil that cannot be incorporated in the work shall be properly and legally disposed of at the cost of the Contractor. PART 8 - TEMPORARY CONSTRUCTION UTILITIES AND FACILITIES 8.01 TEMPORARY WATER A. The Contractor shall make his own arrangements to provide a separate meter and piping for transporting water to the work site, if so required, and shall pay all fees and costs resulting therefrom. Lono Kona Sewer Improvements 01 00 00-12 GENERAL REQUIREMENTS Job No. WW- The Contractor shall notify the County of Hawai'i Department of Water Supply and the Engineer if there is any water shut-off prior to installing plumbing work. At the completion of the work, Contractor shall remove all temporary facilities at his own expense. 8.02 TEMPORARY ELECTRIC POWER A. The Contractor shall provide power for construction at the construction site. He shall make arrangements with the electrical utility for power takeoff points, voltage and phasing requirements, transformers, and metering and shall pay the costs and fees arising therefrom. The Contractor shall provide the special connections required for his work. B. Temporarily electric power installation shall meet the construction safety requirements of OSHA, State, the serving Utility, and any other applicable governing agencies. 8.03 SANITARY FACILITIES A, The Contractor shall provide and maintain sanitary facilities for his employees and his subcontractors' employees, and on-site County personnel that will comply with the regulations of the local and State Departments of Health and as directed by the Engineer. 8.04 TELEPHONE AND INTERNET SERVICE A. The Contractor shall provide telephone and internet service for the construction site office. Radio -telephone service is not acceptable as a substitute for telephone service. PART 9 - MOBILIZATION 9.01 DESCRIPTION A, Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the acquisition of false work materials; for the establishment of all offices; buildings and other facilities, excluding field office and project site laboratories; necessary for work on the project; and for all other work and operations which must be performed, or costs incurred, prior to beginning work on the various items on the project site. 9.02 APPLICABILITY A, The maximum bid allowed for this item is an amount not to exceed six (6) percent of the total original contract amount excluding the bid price of this item and any allowances and force account items. If the proposal submitted by the bidder indicates an amount in excess of the allowable maximum, the indicated amount or amounts shall be reduced to the allowable maximum; the "TOTAL SUM BID" in the bid form shall be adjusted to reflect any such reduction. 2 For the purposes of comparing bids and determining the contract price to be inserted in the contract awarded to the bidder, if any is so awarded, the "TOTAL SUM BID" Lono Kona Sewer Improvements 01 00 00-13 GENERAL REQUIREMENTS Job No. WW- adjusted in accordance with the foregoing shall be used and the bidder's proposal shall be deemed to have been submitted for the amounts as reduced and adjusted in accordance herewith. 9.03 BASIS OF PAYMENT A. Mobilization will be paid for on a lump sum basis. Payment will be made under: PaI� Pam Mobilization Lump Sum 1 When 5 percent of the original contract amount is earned, 50 percent of the amount bid for mobilization will be paid. When 10 percent of the original contract amount is earned, 75 percent of the amount bid for mobilization will be paid. 3, When 20 percent of the original contract amount is earned, 95 percent of the amount bid for mobilization will be paid. 4 When 100 percent of the original contract amount is earned, 100 percent of the amount bid for mobilization will be paid. 5 Nothing herein shall be construed to limit or preclude partial payment otherwise provided for by the Contractor. PART 10 - PRESERVATION, RESTORATION. AND CLEANUP 10.01 SITE RESTORATION AND CLEANUP A. At all times during the work, keep the premises clean and orderly, and upon completion of the work, repair all damage caused by equipment and leave the project free of rubbish or excess materials of any kind. 10.02 STREET CLEANUP DURING CONSTRUCTION X Thoroughly clean all spilled dirt, gravel, or other foreign material caused by the construction operations f om all public streets and roads at the conclusion of each day's operation. 10.03 PROTECTION OF PROPERTY A. The Contractor shall take all necessary precautions during the progress of the work to protect adjoining property from damage and injury, and he shall promptly make good such damages to adjoining property. B. The Contractor shall repair to the entire satisfaction of the Engineer all damages to existing streets, sidewalks, or other public property at his own expense. Lono Kona Sewer Improvements 01 00 00-14 GENERAL REQUIREMENTS Job No. WW- 10.04 DUST PREVENTION X The Contractor shall perform his work in such a manner as to avoid dust problems. Whenever visual observation of dust is detected by the Contractor or Engineer outside the property boundary, a dust problem is considered to exist. The Contractor shall take immediate action to alleviate this problem. B. Give all unpaved streets, roads, detours, or haul roads used in the construction area an approved dust -preventive treatment or periodically water to prevent dust. Applicable environmental regulations of the State Department of Health for dust prevention shall be strictly enforced. 10.05 NOISE CONTROL A, Between 7:30 p.m. and 7:00 a.m., noise from Contractor's operations shall not exceed limits established by State Department of Health regulations and in no event shall exceed 86 dBA at a distance of 50 feet from the noise source. 10.06 STRUCTURES RESTORATION A. The Contractor shall remove such existing structures, including curbs, gutters, pipelines and utility poles, as may be necessary for the performance of the work and shall rebuild the structures thus removed in as good a condition as found. He shall also repair existing structures which may be damaged as a result of the work under this contract at his own expense. 10.07 ROADS AND STREETS RESTORATION A. Unless otherwise specified, roads and streets in which the surface is removed, broken, or damaged, or in which the ground has caved or settled during the work under this contract, shall be resurfaced and brought to the original grade and section. B, Roadways used by the Contractor shall be cleaned and repaired. Before resurfacing material is placed, edges of pavements shall be trimmed back far enough to provide clean, solid, vertical faces, and shall be free of loose material. Repair work shall conform to the paving specifications. 10.08 CULTIVATED AREAS AND OTHER SURFACE IMPROVEMENTS A. Cultivated or planted areas and other surface improvements which are damaged by actions of the Contractor shall be restored as nearly as possible to their original condition at the Contractor's expense. B. Existing guard posts, barricades, and fences shall be protected and replaced if damaged. Replacement costs shall be borne by the Contractor. Lono Kona Sewer Improvements 01 00 00-15 GENERAL REQUIREMENTS Job No. WW- 10.09 POLLUTION CONTROL X Throughout the entire construction period, the Contractor shall effectively maintain pollution control in accordance with Act 105, Section 1, Chapter 103 of the Hawai'i Revised Statutes, as amended. 10.10 DAILY JOB SITE CLEANUP A. On completion of the work of each and every section of these specifications, or by each trade, on a daily basis, remove from the site all debris, tools and excess material resulting from the work and leave the area of the work and any affected surroundings broom clean. 10.11 FINAL CLEAN UP X As a condition precedent to final acceptance or release of a structure, space or process unit for use by the County, the Contractor shall thoroughly clean all floors, walls, woodwork and windows to leave same in first-class condition. B. All pits and sumps shall be cleared of silt, sand, debris and construction materials. C. Ductwork air intakes and exhaust grilles shall be inspected and cleared of extraneous material, and all ground shall be cleared of all debris. D. Finished floors shall be thoroughly cleaned and sealed. PART 11 - CERTIFIED PAYROLLS 11.01 Weekly Submittal: A. As required by Section 104-3, Hawai'i Revised Statutes, a certified copy of all payrolls shall be submitted weekly to the Engineer. The General Contractor shall be responsible for the submission of certified copies of the payrolls of all subcontractors. 11.02 Monthly Submittal: X Monthly progress payments will not be processed without supporting certified payrolls. PART 12- WAGES AND CONDITIONS OF EMPLOYMENT 12.01 The Contractor shall pay all employees on this contract a minimum basic wage in conformance with current Federal and State laws. 12.02 The rate of pay in effect at the time of the printing of these General Requirements is posted in the office of the Division of Purchasing and Department of Finance and copies are available from the State of Hawai'i Department of Labor and Industrial Relations. Lono Kona Sewer Improvements 01 00 00-16 GENERAL REQUIREMENTS Job No. WW- 12.03 The State Wage Rate Schedule is subject to change at any time by the Department of Labor and Industrial Relations. Any increase in wage rates issued in the wage rate schedule, shall be applicable during the performance of the Contract, in accordance with Section 104-2(a) and (b), Hawai'i Revised Statues. PART 13 -SUBCONTRACTING 13.01 The Contractor shall not subcontract any part of the contract except to those subcontractors specifically listed in the bid submitted by the Contractor; provided, however, the Contractor may for good cause and upon written approval of the Contracting Officer engage other subcontractors. 13.02 A subcontractor and his employees shall be considered employees of the Contractor. Engaging subcontractors to perform the work under the contract shall not relieve the Contractor of his duty to perform the work under the contract and shall not relieve the Contractor of his duty to perform the contract in accordance with the terms, covenants, conditions, provisions and intent thereof. 13.03 The Contractor shall replace the subcontractor when required by the Engineer for not performing the contract in accordance with the terms, covenants, conditions, provisions and intent thereof. 13.04 The Contractor shall ensure he has reviewed the requirements of this project and has determined the appropriate licensing requirements for performance of the work. Refer to the Special Notice to Bidders. PART 14 — GUARANTEE 14.01 The Contractor guarantees all materials and equipment furnished to be in operable condition upon final acceptance of the work and that all such materials and equipment conform to the requirements of this contract and be fit for the use intended. 14.02 The Contractor further guarantees all such materials and equipment against defects and poor workmanship and, to the extent that he is responsible for design, the Contractor guarantees the design to meet the criteria and operating requirements specified against failure to perform in accordance with such criteria and operating requirements. 14.03 The period of this guarantee shall commence upon final acceptance of the work by the County, and shall extend through the project performance evaluation period not to exceed 2 years, unless otherwise specified herein, for all materials and equipment, provided that this period shall be extended from the time of correction of any defect or failures, corrected under the terms of this guarantee, for a like period for the corrected work. 14.04 The Contractor shall correct all defects or failures discovered within the guarantee period. A. The County will give the Contractor prompt written notice of such defects or failures following their discovery. B. The Contractor shall commence corrective work within 10 days following notification and shall diligently prosecute such work to completion. Lono Kona Sewer Improvements 01 00 00-17 GENERAL REQUIREMENTS Job No. WW- C, The Contractor shall bear all costs of corrective work, which shall include necessary disassembly, transportation, reassembly and retesting, as well as repair or replacement of the defective material or equipment, and any necessary disassembly and reassembly of adjacent work. 14.05 If the Contractor fails to perform corrective work in the manner and within the time stated, the County may proceed to have such work performed at the Contractor's expense and his sureties will be liable therefor. The County shall be entitled to reasonable attorney's fees and court costs necessarily incurred by the Contractor's refusal to honor and pay such costs of collective work. 14.06 The Contractor's performance bond shall continue in full force and effect during the period of this guarantee. 14.07 The tights and remedies of the County under this provision do not preclude the exercise of any other rights or remedies provided by this contract or by law with respect to unsatisfactory work performed by the Contractor. 14.08 This guarantee shall be deemed supplemental to guarantee provisions provided in other sections of the specifications for the individual units and systems of units so specified. PART 15 -WORK ON PUBLIC ROADWAYS 15.01 If this project includes work that will be completed on County Public Roadways. Permissions and applicable permits shall be procured from the appropriate agencies prior to commencement of work. PART 16 -ACKNOWLEDGEMENT OF THIRD PARTY LIABILITY 16.01 No officer or employee shall accept on behalf of the County a construction project unless and until the Contractor has submitted in writing to the Officer -in -Charge or the Director of Finance that the Contractor has accepted and acknowledged all claims for liabilities related to the construction project. **END OF SECTION* Lono Kona Sewer Improvements 01 00 00-18 GENERAL REQUIREMENTS Job No. WW- SECTION 01 10 00 SUMMARY OF WORK 1.01 Project Description: This project includes all labor, materials, and services required for the construction of a gravity sewer from Ala Onaona Street, Kalani Street, Alahou Street, Alaka`i Street, Alanoe Place, Lamaokeola Street to an existing gravity sewer line in Kalawa Street. Work includes the following general scope of work and is not intended as a complete listing of all work to be performed. The Contractor shall refer to detailed plans and specifications for all work to be performed. A. Prepare and coordinate with private property owners the construction access along sewer alignment. B. Install gravity sewer pipe and sewer manholes. C. Install manhole rehabilitation in an existing sewer manhole on TMK 7-5-4:036. D. Perform a television inspection of the existing 8 -inch sewer line between SMH A-3 and A-4. If the sewer is found to have only minor damages a cured -in-place lining shall be installed. E. Connect gravity sewer to existing system at Kalawa Street. Lono Kona Sewer Improvements 01 1000-1 SUMMARY OF WORK Job No. WW- SECTION 0132 16 CONSTRUCTION SCHEDULE 1.01 SCOPE A. This section specifies the procedures for preparing and revising the cost -loaded construction schedule used for planning and managing construction activities. B. The schedule provides a basis for determining the progress status of the project relative to the completion time, specific dates, and for determining the acceptability of the Contractor's progress payment estimates. 1.02 DESCRIPTION A. The Contractor shall prepare a time scale network schedule using a critical path method. A general guide for preparing such a schedule is contained in "The Use of CPM in Construction, a Manual for Contractors," published by the Associated General Contractors of America. 3. The schedule shall depict all significant construction activities and all items of work listed in the breakdown of contract prices submitted by the Contractor. Assigned values for each part of the work shall be indicated. The dependencies between activities shall be indicated so that it may be established what effect the progress of any one activity has on the schedule. C. Completion time and all specific dates and sequencing requirements shall be shown on the schedule. Activities making up the critical path shall be identified. D. No activity on the schedule shall have a duration longer than five (5) working days or assigned value greater than $50,000, except activities comprising only fabrication and delivery may extend for more than five (5) days. Activities which exceed these limits shall be divided into more detailed components. The scheduled duration of each activity shall be based on the work being performed during the normal 50 -hour workweek with allowances made for legal holidays and normal weather conditions. 1.03 CONSTRUCTION SEQUENCE A. All work shall be sequenced such that all wastewater treatment processes remain operational during the construction process. All work shall be coordinated with Facility Personnel and approved by the Engineer to ensure all processes remain operational during the work. 1.04 SUBMITTAL PROCEDURES A. Within 5 days after the date of the Notice to Proceed, the Contractor shall complete a construction schedule conforming to this section and representing in detail all planned procurement and on-site construction activities. Lono Kona Sewer Improvements 0132 16-1 CONSTRUCTION SCHEDULE Job No. WW- The schedule shall be prepared on reproducible paper and may be in draft form with legible freehand lines and lettering. Upon completion of the schedule, the Contractor shall submit the original and two (2) copies to the Engineer. C. Within seven (7) days after receipt of the submittal, the Engineer shall review the submitted schedule and return one (1) copy of the marked up original to the Contractor. D. If the Engineer finds that the submitted schedule does not comply with specified requirements, the corrective revisions will be noted on the submittal copy returned to the Contractor for corrections and re -submittal. E. Upon receipt of the reviewed schedule, the Contractor shall provide three (3) copies of the revised schedule and cost data. The reports shall be on 8-1/2 inch by 11 inch sheets as follows: I Tabular listing of activities showing early and late start and finish dates. 2 Bar chart schedule of all activities. Report on cost and payment status for each activity. 1.05 PROJECT STATUS UPDATE A. Project status review and update shall be provided each month and submitted with progress payment requests. Failure of the Contractor to comply with these requirements for submittal of the performance schedule and reports shall be cause for delay in review of progress payments by the Engineer. 1.06 SCHEDULE REVISIONS A, Revisions to the accepted construction schedule may be made only with written approval of the Contractor and County. B, Contract time extensions shall be incorporated into revised schedules, reflecting their effect at the time of occurrence. C, Changes in timing for activities which are not on the critical path may be modified with written agreement of the Contractor and Engineer. D. A change affecting the contract value of any activity, the timing of any activity on the critical path, the completion time and specific dates and work sequencing may be made only in accordance with applicable provisions of the specifications. E. At 50 percent of contract completion, the Contractor shall provide a schedule revision detailing plans for project completion. **END OF SECTION* Lono Kona Sewer Improvements 0132 16-2 CONSTRUCTION SCHEDULE Job No. WW- SECTION 0132 33 PHOTOGRAPHIC DOCUMENTATION PART 1 -GENERAL 1. GENERAL REQUIREMENTS A. Scope: This section provides requirements for Project Photographs including Pre -Construction, Construction Progress, and Post -Construction Photographs. Ba The photographs shall be minimum 35 mm film size, shall be in color, and shall contain the following minimum information on the front of each print. Digital photographs of equivalent quality and clarity may be utilized upon approval by the Engineer. I Date of the photograph. 2 Job Name and Project Number. 3, Equipment Number (as applicable) contained in the photograph. 4 Description and Location of the Photograph being taken. C. Two (2) copies of each photograph 4 -inch by 6 -inch of each exposure shall be provided together with the negative. In the event that use of digital photographs have been authorized, two (2) sets of the photograph shall be provided along with an electronic copy of the photographs on CD-ROM. The photographs required to be provided herein are EXCLUSIVE of photographs required to be provided in the Operation and Maintenance Manuals. D,. All photographs shall be mounted in Photo Albums which shall be clearly labeled with the Project Name and Project Number. 1. The Photo Albums shall be divided into three (3) separate sections (Pre -Construction Photographs, Construction Progress Photographs, and Post -Construction Photographs). 2 All photographs shall be organized in a logical manner and by date. PART2-PRODUCTS Not Used PART 3 — EXECUTION 3. PRE -CONSTRUCTION PHOTOGRAPHS A. The Contractor shall provide Pre -Construction Photographs prior to commencement of work on the site. B. As a minimum, Pre -Construction Photographs shall include the following items: I General site conditions of the area surrounding the work. Lono Kona Sewer Improvements 013233-1 PHOTOGRAPHIC DOCUMENTATION Job No. WW- 2 Photographs of the existing layout of all equipment, piping runs, electrical runs to be affected by the project. 3, Photographs of the existing condition of all equipment to be replaced by the project. 4 Photographs of adjacent equipment and appurtenances which are located within the area of work and which may be damaged during the project work. The photographs will be utilized by the County to determine inadvertent damage to existing facilities which would be required to be repaired by the Contractor at no expense to the County. 4. CONSTRUCTION PROGRESS PHOTOGRAPHS A. The Contractor shall provide Construction Progress Photographs as the work progresses. B. As a minimum, Construction Progress Photographs shall be provided for the following: 1. Photographs of items which will not be visible once the project is completed. 2 Photographs of all major phases of work identified on the Construction Schedule. 3, Photographs of equipment installation progress. 4 As a minimum, Construction Progress Photographs shall be taken on a weekly basis. 5 As directed by the Engineer. 5. POST -CONSTRUCTION PHOTOGRAPHS A. The Contractor shall provide Post -Construction Photographs of the project. B. As a minimum, Post -Construction Photographs shall be taken of the following: ] General site conditions of the area surrounding the work. 2 Photographs of the new layout of all equipment, piping runs, electrical runs to be installed by the project. Photographs of adjacent equipment and appurtenances which are located within the area of work and which may have been damaged during the project work. The Post - Construction Photographs will be utilized by the County to determine extent of any inadvertent damage to existing facilities which may have occurred during the performance of work. 4 As directed by the Engineer. PART 4 -MEASUREMENT AND PAYMENT 4.01 Project Photographs shall be paid in a lump sum in accordance with the Bid Form. * * END OF SECTION* Lono Kona Sewer Improvements 01 32 33-2 PHOTOGRAPHIC DOCUMENTATION Job No. WW- SECTION 0133 00 SUBMITTAL PROCEDURES 1.01 GENERAL A. Where required by the Standard Specifications for Public Works Construction, September 1986 and/or the Detailed Specifications, the Contractor shall submit descriptive information which will enable the Engineer to advise the County whether the Contractor's proposed materials, equipment or methods of work are in general conformance to the design concept and in compliance with the drawings and specifications. , The information to be submitted shall consist of drawings, specifications, descriptive data, certificates, samples, test results and such other information, all as specifically required in the specifications. 1.02 CONTRACTOR'S RESPONSIBILITIES A,General Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of work shall be as described in the submittal. Submittals shall contain all required information, including satisfactory identification of items, units, and assemblies in relation to the contract drawings and specifications. The Contractor shall verify that the material and equipment described in each submittal conform to the requirements of the specifications and drawings. Unless otherwise approved by the Engineer, submittals shall be made only by the Contractor, who shall indicate by a signed stamp on the submittals, that it (the Contractor) has checked the submittals, and that the work shown conforms to contract requirements and has been checked for dimensions and relationship with work of all other trades involved. 3. If the information shows deviations from the specifications or drawings, the Contractor, by statement in writing accompanying the information shall identify the deviations and state the reason(s) for the deviation(s). 4 The Contractor shall insure that there is no conflict with other submittals and shall notify the Engineer in each case where its submittal may affect the work of another contractor or the County. The Contractor shall insure coordination of submittals among the related crafts and subcontractors. 5 The Contractor may authorize in writing a material or equipment supplier to deal directly with the Engineer or with the County with regard to a submittal. The Contractor, however, shall be responsible for the accuracy and completeness of information contained in all submittals. Lono Kona Sewer Improvements 01 33 00-1 SUBMITTAL PROCEDURES Job No. WW- 6 All equipment and manufacturer's instruction submittals, including follow-up submittals, shall be submitted no later than 30 days following the Notice to Proceed nor later than necessary to procure the item or avoid schedule delays as established in the Contractor's construction schedule. 1.03 SUBMITTAL SCHEDULE A. The Contractor shall provide a submittal schedule to allow coordination of review of the submittals in order that work may be accomplished within the specified contract time. Submittal Schedule shall be provided within ten (10) days after award of the Contract. B. A List of Submittals required for this project is found in Appendix A herein. The list is provided as a guide for the Contractor and does not relieve the Contractor om providing any additional submittals which may be required to be provided in accordance with the Standard Specifications for Public Works Construction, September 1986 and/or the Detailed Specifications. 1.04 TRANSMITTAL PROCEDURE A. General I Submittals regarding material shall be accompanied by Transmittal Form 01 33 00-A as specified in Section 0199 00. 2 A separate form shall be used for each specific item, class of material, and items specified in separate, discrete sections, for which the submittal is required. Submittals of various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. 4 A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX"; where "XXX" is the sequential number assigned by the Contractor. Re -submittals shall have the following format "XXX -Y"; where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for re - submittals, i.e., A, B, or C being the 1st, 2nd, and 3rd re -submittals, respectively. Submittal 25B, for example, is the second re -submittal of submittal 25. B. Submittals Shall be Sent to the Following Address: County of Hawaii Department of Environmental Management Wastewater Division 108 Railroad Avenue Hilo, HI 96720 Attention: Ms. Dora Beck, P.E., Chief Lono Kona Sewer Improvements 01 33 00-2 SUBMITTAL PROCEDURES Job No. WW- C, Deviation from Contract If the Contractor proposes to provide material which does not conform to the specifications and drawings, it shall indicate so under "deviations" on the submittal transmittal form accompanying the submittal copies. The Contractor shall prepare its reason for a change, including cost and time differential. D. Submittal Completeness 1 Submittals which do not have all the information required to be submitted, including deviations, shall be considered as not complying with the intent of the contract and are not acceptable and will be returned without review. 1.05 SUBMITTAL REQUIREMENTS A. Submit shop drawings, manufacturers' data and certificates for equipment, materials, finish and pertinent details for each system and have them approved before procurement, fabrication or delivery of the items to the job site. B. Partial submittals will not be acceptable and will be returned without review. C. Submittals shall include the manufacturer's name, trade name, catalog model or number, nameplate data, size, layout dimensions, capacity, project specification and paragraph reference, applicable industry and technical society publication references and other information necessary to establish contract compliance of each item the Contractor proposes to furnish. D,. Contractor Authority: Submit a written certificate, dated and signed by an authorized corporate officer of the Contractor who is either a full-time employee, principal, or a full-time partner delegated with the authority to bind the Contractor in all matters relating to its professional work of the Contractor, evidencing the performance of any portion of the work, or any testing; as a condition precedent to the acceptance of any work or the result of any test. 2 Corporate credentials shall be furnished concurrently with applicable written certificates. E. Shop Drawings: Drawings shall be ANSI D (22 inches by 34 inches) in size, except as specified otherwise. I Drawings shall include floor plans, sectional views, installation details of equipment; and equipment spaces identifying and indicating proposed location, layout and arrangement of items of equipment, accessories, piping and other items that must be shown to assure a coordinated installation. Lono Kona Sewer Improvements 01 33 00-3 SUBMITTAL PROCEDURES Job No. WW- 2 Drawings shall indicate adequate clearance for operation, maintenance and replacement of operating equipment devices. If equipment is disapproved, drawings shall be revised to show acceptable equipment and be resubmitted. The Contractor shall review, stamp with his approval and submit, all Shop Drawings required by the Contract Documents or subsequently by the Engineer as covered by modifications. By approving and submitting Shop Drawings, the Contractor certifies that he has determined and verified all field measurements and obstructions, field construction criteria, materials, catalog numbers and similar data, that he has checked and coordinated each Shop Drawing with the requirements of the work and of the Contract Documents and that all equipment fits within designated spaces. 4 At the time of submission, the Contractor shall inform the Engineer in writing of any deviation in the Shop Drawings from the requirements of the Contract Documents. F„ Manufacturers' Data: I Submittals for each manufactured item shall be manufacturers' descriptive literature of cataloged products, equipment drawings, diagrams, performance and characteristic curves and catalog cuts. G. Standards Compliance: When materials or equipment must conform to the standards of organizations such as the American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), National Electrical Manufacturers Association (NEMA) and Underwriters Laboratories (UL), proof of such conformance shall be submitted to the Engineer for approval. 2 If an organization uses a label or listing to indicate compliance with a particular standard, the label or listing will be acceptable evidence, unless otherwise specified in the individual sections. For materials and equipment whose compliance with organizational standards or specifications is not regulated by an organization using its own listing or label as proof of compliance, a certificate of compliance from the manufacturer shall be submitted for approval. The certificate shall identify the manufacturer, the product and the referenced standard and shall simply state that the manufacturer certifies that the product conforms to all requirements of the project specification and of the referenced standards listed. H. Certified Test Reports: I Before delivery of materials and equipment, certified copies of all test reports specified in the individual section shall be submitted for approval. 2 Whenever a regulatory agency performs inspections or tests of any portion of the work, a written certificate shall be furnished by the Contractor to validate the results from the respective inspection test. Lono Kona Sewer Improvements 01 33 00-4 SUBMITTAL PROCEDURES Job No. WW- I, Certificates of Conformance or Compliance: A certification from the manufacturer attesting that materials and equipment to be furnished for this project comply with the- requirements of this specification and of the reference publications shall be provided. 2 Preprinted certifications will not be acceptable; certifications shall be in the original. The certification shall not contain statements that could be interpreted to imply that the product does not meet all requirements specified, such as "as good as"; "achieve the same end use and result as materials formulated in accordance with the referenced publication," "equal or exceed the service and performance of the specified material." 4 The certification shall clearly state that the product conforms to all of the requirements specified. Whenever a regulatory agency performs inspections or tests of any portion of the work, a written certificate shall be furnished by the Contractor to validate the results from the respective inspection test. J. Samples and Testing Where required in the Specifications, and as determined necessary by the Engineer, samples of materials, appliances, and fittings to be used or offered for use in connection with the work shall be submitted to the Engineer at the Contractor's expense, with information as to their sources, with all cartage charges prepaid, and in such quantities and sizes as may be required for proper examination to establish the quality or equality thereof, as applicable. All samples shall be submitted in ample time to enable the Engineer to make any examinations necessary, without delay to the work. The Contractor will be held responsible for any loss of time clue to his neglect or failure to deliver the required samples to the Engineer, as specified. 3 Samples shall also be taken during the course of the work, as required by the Engineer. 4 Laboratory tests and examinations that the County elects to make in its own laboratory will be made at no cost to the Contractor, except that, if a sample of any material or equipment proposed for use by the Contractor fails to meet the Specifications, the cost of testing subsequent samples shall be borne by the Contractor. 5 All tests required by the Specifications to be performed by an independent laboratory shall be made at the sole expense of the Contractor. Material used in the work shall conform with the submitted samples and test certificates as approved by the Engineer. 1.06 REVIEW PROCEDURE A, When the contract requires a submittal, the Contractor shall submit the specified information as follows to the Engineer for review: Lono Kona Sewer Improvements 01 33 00-5 SUBMITTAL PROCEDURES Job No. WW- One reproducible original of all the submitted information. When individual sheets in the submittal exceed 8-1/2 inches by 11 inches, a sepia shall be submitted. 2 Five (5) copies of all the submitted information. Two (2) sets of sample materials need be submitted, unless otherwise directed by the Engineer. 4 Two (2) CD-ROMs of all submittal data shall be provided in Electronic Format (Adobe Acrobat and/or AutoCAD format) prior to final payment for the project. The electronic copy shall include all correspondence regarding the submittal and shall include signatures approving or disapproving the submittal. a Each submittal item shall be cataloged separately identified by the Submittal Number and a Brief Description of the submittal item. ,. Unless otherwise specified, within fifteen (15) calendar days after receipt of the submittal by the Engineer, the submittal shall be reviewed and the Engineer shall return two (2) copies of the marked -up reproducible original noted in A.1 above. The reproduction original will be retained by the Engineer. The returned submittal shall indicate one of the following actions: If the review indicates that the material, or work method is in general conformance with the design concept and complies with the drawings and specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN'. In this event the Contractor may begin to implement the work method or incorporate the material or equipment covered by the submittal. If the review indicates limited corrections are required, copies will be marked "MAKE CORRECTIONS NOTED". The Contractor may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. A corrected copy of the submittal shall be provided. If the review reveals that the submittal is insufficient or contains incorrect data, copies will be marked "AMEND AND RESUBMIT". Except at his own risk, the Contractor shall not undertake work covered by this submittal until the submittal has been revised, resubmitted and returned and marked either "NO EXCEPTIONS TAKEN' or "MAKE CORRECTIONS NOTED". 4 If the review indicates that the material, equipment, or work method is not in general conformance with the design concept or in compliance with the drawings and specifications, copies of the submittal will be marked 5 "REJECTED - SEE REMARKS". Submittals with deviations which have not been identified clearly may be rejected. Except at its own risk, the Contractor shall not undertake work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN' or "MAKE CORRECTIONS NOTED". C. No changes shall be made by the Contractor on re -submittals other than those changes indicated on the reviewed submittals, unless such changes are clearly described in a letter accompanying the re -submittal. Lono Kona Sewer Improvements 01 33 00-6 SUBMITTAL PROCEDURES Job No. WW- 1.07 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS X The Engineer's review of drawings, methods of work, or information regarding materials or equipment the Contractor proposes to provide, shall not relieve the Contractor of its responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Engineer or the County, or by any officer, employee, or subcontractor thereof, and the Contractor shall have no claim under the contract on account of the failure, or partial failure, of the method of work, material, or equipment so reviewed. B. A mark of "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean that the County has no objection to the Contractor, upon its own responsibility, using the plan or method of work proposed, or providing the material or equipment proposed. Appendix A Minimum Submittal List Specification Section Description Comments 0100 00-6.0113 Supervision at the Job Site Prior to Work 0100 00-11.01 Weekly payrolls Weekly 0100 00-11.02 Monthly progress payments Monthly 013529 Drug Free Policy Within 10 days of Award of Contract 0133 00 Submittal Schedule Within 10 days after Bid Award 0133 00-1.04 Construction Schedule Within 5 days after NTP 0133 00 Project Status Update Monthly with Progress Payment Requests 01 32 33 Photographs Pre -Construction, Construction in Progress, Post -Construction 01 78 39 Marked Record Drawing Prior to Op Testing 01 78 39 Final Reproducible Drawing Drawing in Electronic Format Prior to Final Payment 01 57 00 Site Specific BMP Plan for Water Pollution and Control including Construction Schedule and Name and Contact Info of Designated Person Prior to Start of Work 03 40 00 Concrete mix, shop drawings. Within 30 calendar days after the Notice to Proceed 03 60 00 Product Data Two weeks in advance of use. 32 12 16 Asphalt concrete job -mix formula Two weeks in advance of use. 33 01 30.11 Sample Video Two weeks in advance of use. 33 01 30.11 Work Procedure Two weeks in advance of use. 33 01 30.11 Installer Qualification Two weeks in advance of use. Lono Kona Sewer Improvements 01 33 00-7 SUBMITTAL PROCEDURES Job No. WW- Specification Section Description Comments 3301 30.41 Cleaning of Sewers — Work Procedure 30 days in advance of the work. 3301 30.41 Cleaning of Sewers — Records After performance of the work 3301 30.41 Cleaning of Sewers — Safety Program and Experience Within 14 calendar days after the Notice to Proceed 3301 30.72 Cured -In -Place -Lining Within 30 calendar days after the Notice to Proceed 33 01 30.81 Product and material data, installer qualifications, test reports Within 30 calendar days after the Notice to Proceed 33 01 30.83 Product Data Two weeks in advance of use. 33 01 30.85 Sewage Diversion and Bypass Pumping Plan and Traffic Control At least 30 days in advance of the work. 33 01 30.85 Sewage Diversion Qualifications Within 14 calendar days after the Notice to Proceed. 33 05 31.11 Product Data Two weeks in advance of use. 33 05 61 Shop drawing, product certification data Two weeks in advance of use. Lono Kona Sewer Improvements 01 33 00-8 SUBMITTAL PROCEDURES Job No. WW- SECTION 0135 29 SAFETY AND HEALTH 1.01 GENERAL The Contractor shall be experienced and qualified to anticipate and meet the safety and health requirements of this project. 1.02 DRUG FREE POLICY The Contractor and all subcontractors shall certify that a drug-free workplace shall be provided and maintained for the duration of the project. Such certification shall be submitted within ten (10) days of the Notice To Proceed. 1.03 SAFETY AND HEALTH REGULATIONS X The Contractor shall comply with the standards of the Occupational Safety and Health Administration (OSHA) and all applicable Federal, State, and County laws and regulations relating to safety in the performance of the work. B,. The Contractor shall comply with the State laws and standards regarding a safe place of employment and safe practices, and shall do everything reasonable and necessary to protect the life, safety, and health of all personnel involved in the project, as well as the affected general public. C. Strict compliance with all safety requirements will be enforced. Primary concern is safety of the Contractor's employees, the County, Engineer and his representatives, the representatives of the State of Hawaii, the Architect -Engineer, as well as the affected general public. Safety related directions and/or orders by the Engineer or his representatives shall not be construed as relieving the Contractor of his sole responsibility for safety. D. Safety clothing and equipment must be worn at all times. E. The Contractor shall put emphasis in the following: 1) Equipment must be provided with the necessary warning devices and signs. 2) Confined Space: The Contractor shall ensure that a Confined Space Program is provided for their employees and any and all Subcontractor employees who are required to enter Confined Spaces as defined by HIOSH and OSHA Regulations. Not Used. ii The Contractor shall be responsible for defining Confined Space areas during the construction work. F. The Engineer will notify the Contractor of any non-compliance with environmental pollution control or with safety standards, of any safety violations, and the action to be taken. If the Contractor fails or refuses to comply promptly, the Engineer may issue an order in writing to stop the work or any portion thereof, until satisfactory corrective actions Lono Kona Sewer Improvements 01 35 29-1 SAFETY AND HEALTH Job No. WW- have been taken. The right to stop the work shall not be construed as creating a duty on the part of the Engineer to exercise this right for the benefit of the Contractor or any other person nor as an assumption of responsibility for the Contractor's administration, implementation, or enforcement of safety on the job site. No extension of time or payment for excess costs or damages shall be made for the time lost due to such stop action. All costs incurred to provide compliance shall be borne by the Contractor. 1.04 SAFE ACCESS BY FEDERAL, STATE, AND LOCAL GOVERNMENT OFFICIALS A. Representatives of the Federal Government, State of Hawaii, and the County of Hawaii shall have access to the work whenever it is in preparation or progress. Contractor shall provide proper facilities for such access and inspection. B,. Representatives of the Federal Government, State of Hawaii, and the County of Hawaii shall have access to any and all records of the Contractor during the progress and up to 3 years after completion and acceptance of said project. 1.05 ACCIDENT REPORTS A. If death or serious injuries or serious damages occur, the accident shall be reported immediately by telephone or messenger to the Engineer. In addition, the Contractor must promptly report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and statements of witnesses. B., If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. 1.06 BARRICADES A. The Contractor shall erect, install, and maintain all temporary public walks, warning signs, barricades, or other protective means around the construction site as may be ordered by the Engineer, for the effectual protection of the public or of workmen employed on the project. **END OF SECTION* Lono Kona Sewer Improvements 01 35 29-2 SAFETY AND HEALTH Job No. WW- SECTION 01 41 26 PERMIT REQUIREMENTS 1.01 DESCRIPTION The Contractor shall obtain the necessary permits for this project. The Contractor shall comply with conditions of all permits issued by utility companies and regulatory agencies in connection with all work under the contract. Unless otherwise specified in the Contract, two (2) copies of all permits required for the Project shall be submitted to the Engineer The Contractor shall provide the necessary supporting documentation to secure the project -specific NPDES permit as required under the County's existing NOI. 1.02 COST OF PERMITS Contractor shall pay all charges imposed by utility companies, public agencies, or regulatory agencies, resulting from all permits. Contractor shall be responsible for conducting all tests and furnishing all materials, equipment, and labor necessary for compliance with all permits. The required permits may include, but not limited to, the following: A,. State DOH: NPDES Individual Permit. County has submitted the initial application to DOH. DOH has issued NGPC HI . Contractor shall complete the remainder of the Permit requirements. See Section 0157 23 — Temporary Storm Water Pollution Control requirements. B. Grading permit issued by the Department of Public Works. C. Grubbing permit issued by the Department of Public Works D. Permit to Work in the County Right of Way issued by the Department of Public Works. F. Noise Permit issued by the State of Hawaii, Department of Health. E Solid Waste Facility Disposal Permit issued by Hawaii County, Department of Environmental Management, Solid Waste Division. **END OF SECTION* Lono Kona Sewer Improvements 01 41 26-1 PERMIT REQUIREMENTS Job No. WW- SECTION 0145 00 QUALITY CONTROL PART 1 - CERTIFICATION 1.01 CERTIFICATE OF COMPLIANCE A. The Engineer may permit use before sampling and testing of certain materials or assemblies accompanied by a certificate of compliance. The certificate of compliance shall state that such materials or assemblies comply with the requirements of the contract. The manufacturer of the material or the manufacturer of the assembled materials involved shall sign the certificate. B. The Contractor shall accompany each lot of materials or assemblies delivered to the work site by a Certificate of Compliance with substantiating test data of the lot clearly identified. The County may sample and test the materials or assemblies used based on Certificate of Compliance. C. Material used, based on Certificate of Compliance, shall not relieve the Contractor of responsibility for incorporating materials according to the contract. Non -conforming material will be subject to rejection whether in place or not. D. The Engineer reserves the right to refuse to permit the use of material based on a Certificate of Compliance. E. The form of the Certificate of Compliance and its disposition shall be as ordered by the Engineer. PART 2 - CONTROL OF MATERIAL 2.01 Source of Supply and Quality Requirements. The Contractor shall meet the quality requirements on the material used in the project work. The Contractor shall furnish a list of proposed sources of materials according to the format prescribed by the Engineer to speed up the inspection and testing of materials. A. At the option of the Engineer, the Engineer may accept the materials at the source of supply before starting delivery. If the source fails to provide acceptable materials, the Contractor shall furnish materials from other sources according to the contract. 2.02 Natural Material Sources. The contract may designate possible sources of natural materials. The Contractor shall be responsible for determining the amount of equipment and work required to produce the material according to the contract. A. Determining the limits for an entire deposit from samples are not feasible. Variations are usual and expected. The Engineer may order procurement of material from portions of a deposit and may reject portions of the deposit as unacceptable. Lono Kona Sewer Improvements 01 45 00-1 QUALITY CONTROL Job No. WW- B. The County may make available to the Contractor the right to take materials from the sources designated and described in the contract. Also, the County may make available to the Contractor the right to use such stockpiles and hauling roads. C. If the Contractor desires to use material from sources other than those designated, the Contractor shall obtain the necessary rights to take materials from the sources. In addition, the Contractor shall pay the costs related to obtaining material from other sources including costs that may result from an increase in length of haul. The County will not permit the use of material from other than designated sources until the Engineer accepts the material in writing. D. The cost of exploring and developing such other sources shall be at no cost to the County. E. When there is no designation for material deposits in the contract, the Contractor shall provide sources of material acceptable to the Engineer. F. When the Contractor provides sources of material or material deposits, the Contractor shall assume costs of processing samples required by the Engineer. G. The Contractor shall excavate pits and quarries so no water will collect and stand in the pits and quarries. H. Upon completion of the excavation and removal of the material, the Contractor shall leave the area in a neat and presentable condition. Where practicable, the Contractor shall locate borrow pits, gravel pits, and quarry sites so the sites will not be visible from the highway. 2.03 Samples, Tests, Cited Specification. The Engineer will inspect, test, and accept the materials before incorporation in the work. Any work using untested materials shall be at the Contractor's sole risk. A. The Contractor shall furnish certifications and testing required according to the contract. Also, the Contractor shall furnish certified test results, when requested, stating that the materials used in the work conforms to the contract. B. The County will not pay for unacceptable and unauthorized materials. If ordered by the Engineer, the Contractor shall remove the unacceptable and unauthorized materials at no cost to the County. C. Except as provided in Subsection 2.09 - Special Test Methods, the Engineer will test and review for acceptance the materials furnished by the Contractor according to the standard methods of AASHTO or ASTM. The Engineer will take samples and the materials used are subject to inspection, test or rejection. The County will furnish copies of tests to the Contractor at its written request. D. The AASHTO, ASTM or other recognized national organization in use by the Engineer at the time the advertisement for project bid shall prevail for the project. E. The Contractor shall furnish the required samples and provide every facility for the securing of material samples at no cost to the County. Also, the Contractor shall provide Lono Kona Sewer Improvements 01 45 00-2 QUALITY CONTROL Job No. WW- the means for and assist in verification of scales, measures and other devices that the Contractor operates at no cost to the County. F. The County reserves the right to retest materials at the source of supply and to reject materials that do not conform to the contract. G. The following is a listing of the AASHTO and ASTM Standards are in use by the County: 1. AASHTO Standard Specifications for Highway Materials and Methods of Sampling and Testing, (Parts I and II), 15`h Edition. ASTM Standards, Volumes 00.01 to 15.09, 1989 Edition. 2.04 Storage of Materials. A. The Engineer may again inspect stored materials, accepted before storage, before their use in the work. B. The Contractor may use the accepted portions of the right-of-way for storage purposes and for the placing of its plant and equipment. The Contractor shall provide additional spaces required at no cost to the County. C. The Contractor shall not use private property for storage purposes or staging areas without written permission of the owner or lessee. The Contractor shall submit copies of the written permission to the Engineer. D. The Contractor shall restore storage sites and staging areas to their original condition at no cost to the County. 2.06 Handling Materials. The Contractor shall handle materials to preserve their quality and fitness for the work. The Contractor shall cover vehicles transporting aggregates. 2.07 Unacceptable Materials. The County will not accept materials that does not conform to the contract. The County will reject such materials. The Contractor shall remove immediately from the work site. The Contractor shall not use corrected rejected material until the Engineer gives a written acceptance. 2.08 County -Furnished Material. The Contractor shall furnish materials required to complete the work except when the contract specifies that the County furnishes the material. A. The County will make the materials available at the points specified in the contract. B. The County will consider the cost of handling the materials to have been included in the contract price. C. The County will hold the Contractor responsible for these materials. PART 3 - DEFECTIVE MATERIALS Lono Kona Sewer Improvements 01 45 00-3 QUALITY CONTROL Job No. WW- 3.01 All materials not conforming to the requirements of these specifications shall be considered defective and all such materials, whether in place or not shall be rejected. PART 4 - ACCESS TO PROJECT AND RECORDS 4.01 Representatives of the State of Hawaii, and the County of Hawaii shall have access to the work whenever it is in preparation or progress. Contractor shall provide proper facilities for such access and inspection. 4.02 Representatives of the State of Hawaii, and the County of Hawaii shall have access to any and all records of the Contractor during the progress and up to 3 years after completion and acceptance of said project. * * END OF SECTION * * Lono Kona Sewer Improvements 01 45 00-4 QUALITY CONTROL Job No. WW- SECTION 0155 260 TRAFFIC CONTROL PART 1 — GENERAL 1.01 RELATED DOCUMENTS Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 01 00 00 Specification sections, apply to work under this section. 1.02 DESCRIPTION Work under this section consists of furnishing all labor, materials and equipment required to complete the traffic control as specified herein, including the following: A. Install construction signage, regulatory and warning traffic signs. B. Install traffic control devices, including cones, delineators, barriers and traffic barricades. C. Install temporary pavement markings and striping. D. Provide flaggers or police officers, as required. PART 2 — PRODUCTS 2.01 MATERIALS All signs, traffic control devices, pavement marking and striping shall conform to the requirements of the Manual on Uniform Traffic Control Devices, 2009, as amended, Federal Highways Administration. PART 3 — EXECUTION 3.01 TRAFFIC CONTROL PLANS All traffic control plans shall conform to the Manual on Uniform Traffic Control Devices, 2009, as amended, Federal Highways Administration: Part 6 — Temporary Traffic Control. 3.02 INSTALLATION A. Traffic control devices shall be installed such that the sign or device farthest from the work area shall be placed first. The remaining traffic control devices shall then be placed progressively toward the work area. B. Cones or delineators shall be extended to a point where they are visible to approaching traffic. C. Regulatory and warning signs within the construction zone that are in conflict with the traffic control plans shall be removed or covered. All signs shall be restored upon completion of the work. Lono Kona Sewer Improvements 01 55 26-1 TRAFFIC CONTROL Job No. WW- D. Flaggers and/or police officers shall be in sight of each other or in direct communication at all times. E. All traffic lanes shall be a minimum of 10 feet wide. F. All construction warning signs shall be promptly removed or covered whenever the message is not applicable or not in use. G. The backs of all signs used for traffic control shall be appropriately covered to preclude the display of inapplicable sign messages (i.e., when the signs have messages on both faces). H. At the end of each day's work or as soon as the work is completed, all traffic control devices no longer needed to permit free and safe passage of public traffic shall be removed. Removal shall be in the reverse order of installation. PART 4 — MEASUREMENT AND PAYMENT 4.01 Installation, maintenance, monitoring, and removal of traffic control devices will be paid on a force account basis. Measurement for payment shall include traffic cones, temporary signs, barricades, Faggers, and special -duty police officers. 4.02 Payment for all traffic control work covered under this section, inclusive of the design and processing for approval of the Contractor's modified traffic control plans, all traffic control devices, the placement and removal of devices and detours, and special -duty police officer(s) as shown on the Plans shall be made on a force account basis for Traffic Control in the Bid Form. Such payment shall be full compensation for furnishing all design, materials, tools, equipment, labor, and incidentals, as specified in this section. **END OF SECTION* Lono Kona Sewer Improvements 01 55 26-2 TRAFFIC CONTROL Job No. WW- SECTION 0155 29 STAGING AREAS 1.01 FIELD OFFICE The Contractor shall maintain a field office at the project site for his project staff. Contractor shall be responsible for securing a suitable staging area for this project. Contractor will be allowed to use noted potential staging areas shown on the plans provided approval from the private land owner is granted. Contractor to coordinate with private land owner on agreed upon use and how the land will be restored after construction is completed. 1.02 POWER The Contractor shall provide temporary power for construction at the construction site. He shall make arrangements with the electrical utility for power takeoff points, voltage and phasing requirements, transformers and metering and shall pay the costs and fees arising therefrom. The Contractor shall provide the special connections required for his work. 1.03 TELEPHONE The Contractor shall provide telephone service for the construction site office. Radio -telephone service is not acceptable as a substitute for telephone service. 1.04 SANITARY FACILITIES The Contractor shall provide toilet and washup facilities for his work force. The facilities shall comply with applicable laws, ordinances, and regulations pertaining to the public health and sanitation of dwellings and camps. 1.05 TEMPORARY WATER X The Contractor shall make his own arrangements to provide a separate meter and piping for transporting water to the work site, if so required, and shall pay all fees and costs resulting therefrom. 3,. The Contractor shall notify the County Department of Water Supply and the Officer -in - Charge if there is any water shut-off prior to installing plumbing work. At the completion of the work, Contractor shall remove all temporaly facilities at his own expense. C. The Contractor shall provide drinking water for his work force and for the Officer -in - Charge's use. D. The Contractor shall provide temporary irrigation for grassed or landscaped areas requiring restoration due to construction activities. Lono Kona Sewer Improvements 01 55 29-1 STAGING AREAS Job No. WW- 1.06 BEST MANAGEMENT PRACTICES A. Contractor shall secure his staging yard and provide Best Management Practices. Refer to Section 0100 00- General Requirements and 0157 00 Temporary Water Pollution, Dust, and Erosion Control. B. Unless otherwise specified in the Contract or directed by the Officer -in- Charge, the Contractor shall be responsible for the protection, repair, restoration, or replacement of all existing improvements that are affected by his construction operations in staging areas. Existing improvements shall include, but not be limited to, trees, shrubbery, landscaping, lawns, walls, fences, utility lines, road surfaces, paved areas, parking stalls, signs, driveways, curbs and gutters, sidewalks, and planting areas. 1.07 MEASUREMENT Measurement will not apply for the field office, field office supplies, or project sign. Measurement for construction staging material storage areas, cellular phones, restored landscaped areas, hydromulching, and temporary irrigation shall be paid per unit price noted in the Bid Form. 1.08 PAYMENT A. Payment shall be made for accepted pay items listed below at contract price per pay unit, as shown in the bid form. Payment will be full compensation for work prescribed in this section and contract documents. B. Payment for the field office shall include installation, maintenance, and removal and will be paid in a lump sum basis. C. Payment for restored landscaped areas shall be inclusive of installation, maintenance, and monitoring of restored landscape plantings in place complete. **END OF SECTION** Lono Kona Sewer Improvements 01 55 29-2 STAGING AREAS Job No. WW- SECTION 0157 00 TEMPORARY WATER POLLUTION, DUST, AND EROSION CONTROL PART 1 - GENERAL 1.01 DESCRIPTION This section describes the following: A. Preparing detailed plans, diagrams, and written site-specific best management practices (BMPs); constructing, maintaining, and repairing temporary water pollution, dust, and erosion control measures at the Project site, including local material sources, work areas and haul roads; removing and disposing hazardous wastes; control of fugitive dust (defined as uncontrolled emission of solid airborne particulate matter from any source other than combustion); and complying with applicable State and Federal permit conditions. B. Work associated with dewatering activities and complying with conditions of the National Pollutant Discharge Elimination System (NPDES) general permit coverage authorizing discharges associated with construction activity dewatering. C. Requirements of this section also apply to borrow pit operations, haul roads and Contractor's storage sites located outside the County right-of-way. 1.02 REFERENCES A. This section contains references to the "Hawaii Standard Specifications for Road and Bridge Construction," 2005, as amended of the State of Hawaii Department of Transportation Highways Division, hereinafter referred to as the DOT Standard Specifications, and the DOT State Projects Special Provisions to the 2005 Standard Specifications, hereinafter referred to as the Special Provisions to the DOT Standard Specifications. These documents are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the more stringent requirements shall prevail. PART 2 — PRODUCTS 2.01 Materials shall conform to the following: A. Slope Drains. Slope drains may be constructed of pipe, fiber, mats, erosion control fabric, geotextiles, rubble, Portland cement concrete, bituminous concrete, plastic sheets, or other materials acceptable to the Engineer. B, Mulches. Mulches shall be recycled materials include bagasse, hay, straw, wood cellulose, bark, wood chips, or other materials acceptable to the Engineer. Mulches shall be clean and free of noxious weeds and deleterious materials. Lono Kona Sewer Improvements 01 5700-1 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL C. Grass. Grass shall be a quick growing species such as rye grass, Italian rye grass, or cereal grasses. Grass shall be suitable to the area and provide a temporary cover that will not compete later with permanent cover. Alternative grasses are allowable if acceptable to the Engineer. D. Fertilizer and Soil Conditioners. Fertilizer and soil conditioners shall be a standard commercial grade acceptable to the Engineer. Fertilizer shall conform to Subsection 619.02(H)(1) - Commercial Fertilizer of the DOT Standard Specifications. E. Hydro -mulching. Hydro -mulching used as a BMP shall be comply with the requirements of Subsection 209.02(C) — Hydro -mulching of the Special Provisions to the DOT Standard Specifications. F. Silt Fences. Silt fences shall be synthetic filter fabric mounted on posts and embedded in compacted ground in accordance with contract documents, and shall be in compliance with ASTM D6462, Standard Practice for Silt Fence Installation. G. Berms. Berms shall be gravel or sand wrapped with geotextile material. Alternate materials are allowable if acceptable to the Engineer. H. Drain inlet protection shall be as indicated on the Plans. I. Curb inlet protection shall be as indicated on the Plans. J, Compost filter sock shall be as indicated on the Plans. K. Concrete truck wash box shall be as indicated on the Plans. L. Stabilized construction entrance/exit shall be as indicated on the Plans. Alternative materials or methods to control, prevent, remove and dispose pollution are allowable if acceptable to the Engineer. PART 3 — EXECUTION 3.01 CONSTRUCTION A. PRECONSTRUCTION REQUIREMENTS 1) Water Pollution, Dust, and Erosion Control Meeting. Schedule a water pollution, dust, and erosion control meeting with the Engineer after the site-specific BMP plan is accepted in writing by the Engineer. Meeting shall be scheduled 14 days before the start of construction work. Discuss sequence of work, plans and proposals for water pollution, dust, and erosion control. 2) Water Pollution, Dust, and Erosion Control Submittals. Submit the following: a) Written site-specific BMP plan describing activities to minimize water pollution and soil erosion into State waters, drainage or sewer systems. Submission of complete and acceptable Site -Specific BMP Plan is the sole responsibility of the Contractor and Lono Kona Sewer Improvements 01 5700-2 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL additional contract time will not be issued for delays due to incompleteness. BMP plan shall include the following: 1. An identification of potential pollutants and their sources. 2. A list of all materials and heavy equipment to be used during construction. 3. Descriptions of the methods and devices used to minimize the discharge of pollutants into State waters, drainage or sewer systems. 4. Details of the procedures used for the maintenance and subsequent removal of any erosion or siltation control devices. 5. Methods of removing and disposing hazardous wastes encountered or generated during construction. 6. Methods of removing and disposing concrete and asphalt pavement cutting slurry, concrete curing water, and hydrodemolition water. 7. Spill control prevention and emergency spill response plan. 8. Fugitive dust control, including dust from grinding, sweeping, or brooming off operations or combination thereof. 9. Methods of storing and handling of oils, paints and other products used for the Project. 10. Material storage and handling areas, and other staging areas. 11. Concrete truck washouts. 12. Concrete waste control. 13. Fueling and maintenance of vehicles and other equipment. 14. Tracking of sediment off-site from Project entrances and exits. 15. Litter management. 16. Toilet facilities. 17. Other factors that may cause water pollution, dust and erosion control. b) Provide plans indicating location of water pollution, dust and erosion control devices; provide plans and details of BMPs to be installed or utilized; show areas of soil disturbance in cut and fill; indicate areas used for construction staging and storage including items (1) through (17) above, indicate areas used for storage of aggregate (indicate type of aggregate), asphalt cold mix, soil or solid waste, equipment and vehicle parking; and show areas where vegetative practices are to be implemented. Indicate intended drainage pattern on Plans. Include flow arrows. Include separate drawing for each phase of construction that alters drainage patterns. Indicate approximate date when device will be installed and removed. c) Construction schedule. d) Name(s) of specific individual(s) designated responsible for water pollution, dust, and erosion controls on the Project site, Include home, cellular, and business telephone numbers, fax numbers, and e-mail addresses. Lono Kona Sewer Improvements 01 5700-3 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL e) Description of fill material to be used f) For projects with an NPDES Permit for Construction Activities, submit information to address all sections in the Storm Water Pollution Prevention Plan (SWPPP). g) For projects with an NPDES Permit, information required for compliance with the conditions of the Notice of General Permit Coverage (NGPC)/NPDES Permit. Date and sign the site-specific BMP plan. Keep accepted copy on-site or at an accessible location throughout duration of the Project so that it can be made available at the time of an on-site inspection or upon request by the Engineer or State Department of Health (DOH) representative. Revisions to the site-specific BMP plan shall be included with the original site-specific BMP plan. Modify SWPPP to conform to revisions. Include actual date of installation and removal of site-specific BMPs. Obtain written acceptance by the Engineer before implementing revise site-specific BMPs in the field. Follow guidelines in the City and County of Honolulu "Stormwater Best Management Practice Manual Construction," November 2011, in developing, installing, and maintaining BMPs for all projects. For any conflicting requirements between the City manual and applicable bid documents, the applicable bid documents will govern. Should a requirement not be clearly described within the applicable bid documents, notify the Engineer immediately for interpretation. For the purposes of clarification "applicable bid documents" include the construction plans, Project Manual, specifications, permits, and SWPPP when applicable. Follow Hawaii County Soil Erosion Guidelines. B. CONSTRUCTION REQUIREMENTS Do not begin work until submittals detailed in Subsection 3.0I A are completed and accepted in writing by Engineer. Install, maintain, monitor, repair and replace site-specific BMP measures, such as for water pollution, dust and erosion control; installation, monitoring, and operation of hydrotesting activities; and removal and disposal of hazardous waste indicated on Plans, concrete cutting slurry, concrete curing water, or hydrodemolition water. Site -Specific BMP measures shall be in place, functional and accepted by the Engineer prior to initiating any ground disturbing activities. If necessary, furnish and install rain gage in a secure location prior to field work, including installation of site-specific BMPs. Provide rain gage with a tolerance of at least 0.05 inches of rainfall and an opening of at least 1 -inch diameter. Install rain gage on Project site in an area that will not deter rainfall from entering the gate opening. Do not install in a location where rain water may splash into rain gage. The rain gage installation shall be stable and plumbed. Maintain rain gage and replace rain gage that is stolen, does not function properly or accurately, is worn out, or needs to be relocated. Do not begin field work until rain gage is installed and site-specific BMPs are in place. Rain gage data logs shall be readily available. Submit rain gage data logs weekly to the Engineer. Address all comments received from the Engineer or Resident Project Representative (RPR). Lono Kona Sewer Improvements 01 5700-4 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL Modify and resubmit plans and construction schedules to correct conditions that develop during construction which were unforeseen during the design and pre -construction stages. Coordinate temporary control provisions with permanent control features throughout the construction and post -construction period. Limit maximum surface area of earth material exposed at any time to 300,000 square feet. Do not expose or disturb surface area of earth material (including clearing and grubbing) until BMP measures are installed and accepted in writing by the Engineer. Protect temporarily or permanently disturbed soil surface from rainfall impact, runoff and wind before end of the workday. Immediately initiate stabilizing exposed soil areas upon completion of earth -disturbing activities for areas permanently or temporarily ceased on any portion of the site. Earth -disturbing activities have permanently ceased when clearing and excavation within any area of the construction site that will not include permanent structures has been completed. Earth -disturbing activities have temporarily ceased when clearing, grading, and excavation within any area of the site that will not include permanent structures will not resume for a period of 14 or more calendar days, but such activities will resume in the future. The term "immediately" is used in this section to define the deadline for initiating stabilization measures. "Immediately" means as soon as practicable, but no later than the end of the next workday, following the day when the earth -disturbing activities have temporarily or permanently ceased. For projects with an NPDES Permit for Construction activities: 1) For construction areas discharging into waters not impaired for nutrients or sediments, complete initial stabilization within 14 calendar days after the temporary or permanent cessation of earth -disturbing activities. 2) For construction areas discharging into nutrient or sediment impaired waters, complete initial stabilization within 7 calendar days after the temporary or permanent cessation of earth - disturbing activities. For projects without an NPDES Permit for Construction activities, complete initial stabilization within 14 calendar days after the temporary or permanent cessation of earth -disturbing activities. Any of the following types of activities constitutes initiation of stabilization 1) Prepping the soil for vegetative or non -vegetative stabilization; 2) Applying mulch or other non -vegetative product to the exposed area; 3) Seeding or planting the exposed area; 4) Starting any of the activities in items 1) — 3) above on a portion of the area to be stabilized, but not on the entire area; and 5) Finalizing arrangements to have stabilization product fully installed in compliance with the deadline for completing initial stabilization activities. Any of the following types of activities constitutes completion of initial stabilization activities: Lono Kona Sewer Improvements 01 5700-5 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL 1) For vegetative stabilization, all activities necessary to initially seed or plant the area to be stabilized; and/or 2) For non -vegetative stabilization, the installation or application of all such non -vegetative measures. If the Contractor is unable to meet the deadlines above due to circumstances beyond the Contractor's control, and the Contractor is using vegetative cover for temporary or permanent stabilization, the Contractor may comply with the following stabilization deadlines instead as agreed to by the Engineer: 1) Immediately initiate, and complete within the timeframe shown above, the installation of temporary non -vegetative stabilization measures to prevent erosion; 2) Complete all soil conditioning, seeding, watering or irrigation installation, mulching, and other required activities related to the planting and initial establishment of vegetation as soon as conditions or circumstances allow it on the site; and 3) Notify and provide documentation to the Engineer the circumstances that prevent the Contractor from meeting the deadlines above for stabilization and the schedule the Contractor will follow for initiating and completing initial stabilization and as agreed to by the Engineer. Follow the applicable requirements of Section 619 and Section 641 of the DOT Standard Specifications and Special Provisions to the DOT Standard Specifications. Immediately after seeding or planting the area to be vegetatively stabilized, to the extent necessary to prevent erosion on the seeded or planted area, select, design, and install non -vegetative erosion controls that provide cover (e.g., mulch, rolled erosion control products) to the area while vegetation is becoming established. Protect exposed or disturbed surface area with mulches, grass seeds or hydromulch. Spray mulches at a rate of 2,000 pounds per acre. Add tackifier to mix at a rate of 85 pounds per acre. Apply grass seeds at a rate of 125 pounds per acre. For hydromulch use the ingredients and rates required for mulches and grass seeds. Submit recommendations from a Landscape Architect licensed in the State of Hawaii when deviating from the application rates above. Apply fertilizer to mulches, grass seed or hydromulch per manufacturer's recommendations. Submit recommendations from a Landscape Architect licensed in the State of Hawaii when deviating from the manufacturer's recommendations. Install velocity dissipation measures when exposing erodible surfaces greater than 15 feet in height. BMP measures shall be in place and operational at the end of workday or as required by this section. Install and maintain either or both stabilized construction entrances and wheel washes to minimize tracking of dirt and mud onto roadways. Restrict traffic to stabilized construction areas only. Clean dirt, mud, or other material tracked onto the road, sidewalk, or other paved area by the end of the same day in which the track -out occurs. Modify stabilized construction entrances to prevent mud from being tracked onto road. Stabilize entire access roads if necessary. Lono Kona Sewer Improvements 01 5700-6 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL Chemicals may be used as soil stabilizers for either or both erosion and dust control if acceptable to the Engineer. Provide temporary slope drains of rigid or flexible conduits to carry runoff from cuts and embankments. Provide portable flume at the entrance. Shorten or extend temporary slope drains to ensure proper function. Protect ditches, channels, and other drainageways leading away from cuts and fills at all times by: 1) Hydro -mulching the lower region of embankments in the immediate area. 2) Installing check dams and siltation control devices. 3) Other methods acceptable to the Engineer. Provide for controlled discharge of waters impounded, directed, or controlled by Project activities or erosion control measures. Cover exposed surface of materials completely with tarpaulin or similar device when transporting aggregate, soil, excavated material or material that may be source of fugitive dust. Clean up and remove any pollutant that can be attributed to the Contractor. Install or modify site-specific BMP measures due to change in Contractor's means and methods, or for omitted condition that should have been allowed for in the accepted site-specific BMP plan or a site-specific BMP that replaces an accepted site-specific BMP that is not satisfactorily performing. Modifications to Site -Specific BMP measures shall be accepted in writing by the Engineer prior to implementation. Properly maintain all site-specific BMP measures. For projects with an NPDES Permit for Construction Activities: 1) For construction areas discharging into nutrient or sediment impaired waters, inspect, prepare a written report, and make repairs to BMP measures at the following intervals: a) Weekly. (b) Within 24 hours of any rainfall of 0.25 inch or greater which occurs in a 24-hour period. (c) When existing erosion control measures are damaged or not operating properly as required by the site-specific BMP plan. 2) For construction areas discharging to waters not impaired for nutrients or sediments, inspect, prepare a written report, and make repairs to BMP measures at the following intervals: a) Weekly. b) When existing erosion control measures are damaged or not operating properly as required by the site-specific BMP plan. For projects without an NPDES Permit for Construction activities, inspect, prepare a written report, and make repairs to BMP measures at the following intervals: Lono Kona Sewer Improvements 01 5700-7 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL 1) Weekly. 2) When existing erosion control measures are damaged or not operating properly as required by Site -Specific BMP. Temporarily remove, replace or relocate any site-specific BMP that must be removed, replaced or relocated due to potential or actual flooding, or potential danger or damage to the Project or public. Maintain records of inspections of site-specific BMP work. Keep continuous records for duration of the Project. Submit copy of inspection report to the RPR within 24 hours after each inspection. Submit to RPR all amounts spent initializing and maintaining BMPs weekly. Amount spent includes, but is not limited to: purchases of erosion control material, construction of storage areas, and installation of water pollution, erosion and dust control measures. Submit report weekly. The Contractor's designated representative specified in Subsection 3.01A.d) shall address any site-specific BMP deficiencies brought up by the RPR or Engineer immediately, including weekends and holidays, and complete work to fix the deficiencies by the close of the next workday if the problem does not require significant repair or replacement, or if the problem can be corrected through routine maintenance. In this section, "immediately" means the Contractor shall take all reasonable measures to minimize or prevent discharge of pollutants until a permanent solution is installed and made operational. If a problem is identified at a time in the day in which it is too late to initiate repair, initiation of repair shall begin on the following workday. When installation of a new pollution prevention control or a significant repair is needed, complete installation or repair no later than seven calendar days from the time of notification/Contractor discovery. Notify the RPR and document why it is infeasible to complete the installation or repair within seven calendar days and complete the work as soon as practicable and as agreed to by the Engineer. Address site-specific BMP deficiencies discovered by the Contractor within the timeframe above. If the Contractor fails to satisfactorily address these concerns, the RPR reserves the right to employ outside assistance or use RPR's own labor forces to provide necessary corrective measures. RPR will charge Contractor such incurred costs plus any associated Project engineering costs. RPR will make appropriate deductions from the Contractor's monthly progress estimate. Failure to apply site-specific BMP measures shall result in either or both the establishment and increase in the amount of retainage due to unsatisfactory progress or withholding of monthly progress payment. Continued failure to apply site-specific BMP measures may result in one or more of the following: assessment of liquidated damages, suspension, or cancellation of Contract with Contractor being fully responsible for all additional costs incurred by the County. C, DISCHARGES OF STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES If work includes disturbance of one acre or more, NPDES General Permit Coverage Authorizing Discharges of Storm Water Associated with Construction Activity (CWB-NOI Form C) or an Individual Permit authorizing storm water discharges associated with construction activity is required from the Department of Health Clean Water Branch (DOH-CWB). The County has obtained an individual permit authorizing discharges associated with construction activity for the Project. The Contractor shall be responsible for revising the individual permit due to his Lono Kona Sewer Improvements 01 5700-8 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL construction means and methods, including preparing and submitting permit applications and payment of permit filing fees. Do not begin construction activities until all required conditions of the permit are met and submittals detailed in Subsection 3.0IA.2) are completed and accepted in writing by the Engineer. D. HYDROTESTING ACTIVITIES If hydrotesting activities requires effluent discharge into State waters or drainage systems, NPDES General Permit Coverage Authorizing Discharges of Hydrotesting Waters (CWB-NOI Form F) or an Individual Permit authorizing discharges associated with hydrotesting from DOH- CWB must be obtained by the Contractor. If a permit is required, the Contractor shall prepare and submit the permit application to DOH-CWB and pay all permit filing fees. The County has not obtained a permit authorizing discharges of hydrotesting waters for the Project. Do not begin hydrotesting activities until the DOH-CWB has issued an Individual Permit or Notice of General Permit Coverage (NGPC). Conduct hydrotesting operations in accordance with the conditions of the Individual Permit or NGPC. Submit a copy of the NPDES permit application and permit or NGPC to the Engineer. E. DEWATERING ACTIVITIES If dewatering activities require effluent discharge into State waters or existing drainage systems, NPDES General Permit Coverage Authorizing Discharges Associated with Construction Activity Dewatering or an Individual Permit authorizing discharges associated with construction activity dewatering from DOH-CWB must be obtained by the Contractor. If a permit is required, prepare and submit the permit application to DOH-CWB and pay all permit filing fees. The County has not obtained a permit authorizing discharges of dewatering effluent for the Project. Do not begin dewatering activities until DOH-CWB has issued an Individual Permit or NGPC. Conduct dewatering operations in accordance with the conditions of the Individual Permit or NGPC. Submit a copy of the NPDES permit application and permit or NGPC to the Engineer. 3.02 MEASUREMENT A. Measurement for BMPs shall be the actual number, linear feet, or square feet of BMPs installed in place as determined by horizontal measurements and as listed in the Bid Form and shall include all labor, materials, supplies, tools, equipment, and incidentals to install the BMPs in- place complete. B. Preparation of permit applications and payment of permit filing fees shall not be measured and paid for separately but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. C. Preparation of Water Pollution, Dust, and Erosion Control Submittals shall not be measured and paid for separately but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. Lono Kona Sewer Improvements 01 5700-9 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL D. Work for the Water Pollution, Dust, and Erosion Control Meeting shall not be measured and paid for separately but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. E. Maintenance, monitoring, inspection, and removal of BMPs, including report preparation, shall not be measured and paid for separately but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. F. Measurement for additional water pollution, dust and erosion control required and requested by the Contractor, RPR, Engineer, or County shall be paid on a force account basis using the unit prices noted in the Bid Form and in accordance with C-800 Supplementary Conditions - Force Account Provisions and Compensation. 3.03 PAYMENT Payment shall be made for accepted pay items listed below at contract price per pay unit, as shown in the Bid Form. Payment will be full compensation for work prescribed in this section and Contract Documents. PAY ITEM PAY UNIT Drain Inlet Protection Each Curb Inlet Protection Each Sewer Manhole Inserts Each Compost Filter Sock Linear Feet Silt Fence Linear Feet Stabilized construction access Square Foot Erosion Control Force Account An estimated amount for force account is allocated in the Bid Form under "Erosion Control," but actual amount to be paid will be the sum shown on accepted force account records, whether this sum be more or less than the estimated amount allocated in the Bid Form. The County will pay for BMP measures requested by the RPR, Engineer or County that are beyond the scope of the accepted site-specific BMP plan on a force account basis. No progress payment will be authorized until the Engineer/RPR accepts in writing the site- specific BMP plan or when the Contractor fails to maintain the Project site in accordance with accepted site-specific BMP plan. For all citations or fines received by the County for non-compliance with NGPC or Individual Permit, the Contractor shall reimburse the County within 30 days for full amount of outstanding cost the County has incurred, or the Engineer/RPR will deduct cost from progress payment. Lono Kona Sewer Improvements 01 5700-10 TEMPORARY WATER POLLUTION, Job No. WW- DUST, AND EROSION CONTROL The Engineer will assess the Contractor liquidated damages up to $27,500 per day for non- compliance of each BMP requirement and all other requirements in this section. Lono Kona Sewer Improvements Job No. WW- * *END OF SECTION* 01 5700-11 TEMPORARY WATER POLLUTION, DUST, AND EROSION CONTROL SECTION 0178 39 PROJECT RECORD DOCUMENTS PART 1 -GENERAL 1.01 DESCRIPTION: A. Record drawings refer to those documents maintained and annotated by the Contractor during construction and are defined as: 1 A neatly and legibly marked set of contract drawings showing the final location and elevations of piping and equipment, and 2 Contractor layout and installation drawings. 1.02 SUBMITTALS X Two (2) sets of marked Record Drawings prior to Operational Testing. B, Final Reproducible Record Drawing on vellum and in Electronic Format. PART2-PRODUCTS 2.01 Unless otherwise specified, record drawings shall be full size and maintained in a clean, dry, and legible condition. 2.02 Record documents shall not be used for construction purposes and shall be available for review by the Engineer during normal working hours at the Contractor's field office. PART 3 - EXECUTION 3.01 Marking of the drawings shall be kept current and shall be done at the time the material and equipment are installed. Annotations to the record documents shall be made with an erasable colored pencil conforming to the following color code: Additions - Red Deletions - Green Comments - Blue 3.02 At completion of the work and prior to Final Acceptance, two (2) sets of marked record drawings shall be submitted to the Engineer for review and acceptance in accordance with Section 0133 00. Failure to provide Record Drawings shall result in Disapproval for the performance of Operational Testing. A.. Project Delays due to the failure to provide Record Drawings shall be considered as Avoidable Delays in accordance with Section 0100 00-4.02.A.1. Lono Kona Sewer Improvements 017839-1 PROJECT RECORD DOCUMENTS Job No. WW- 3.03 Reproducible record drawings shall be Submitted to the County in accordance with Section 01 00 00 prior to Final Acceptance of the Contract in accordance with Section 8.13 of the General Requirements and Covenants. ',. Final Reproducible Record Drawings shall be provided on Vellum, ANSI D (22" x 34") C, In addition, an Electronic Copy of the Record Drawings shall be provided in AutoCAD Format on a CD-ROM. The Record Drawings may be provided as a scanned document. Color coding is not required to be provided on the electronic copy, however, all changes shall be clearly annotated. PART 4 - MEASUREMENT AND PAYMENT 4.01 Record Drawings shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. 4.02 If in the opinion of the Engineer, the record drawings are not being properly maintained, payment due on the Contract may be withheld. 4.03 Final Payment for the project shall be contingent on receipt of final Reproducible Record Drawings. **END OF SECTION** Lono Kona Sewer Improvements 017839-2 PROJECT RECORD DOCUMENTS Job No. WW- SECTION 0199 00 REFERENCE FORMS 1.01 LIST OF FORMS The forms listed below and included in this section are referenced from other sections of the project manual: Form No. Title 01 00 00-A Request for Information (RFI) 01 00 00-B Request for Material Substitution 01 33 00-A Submittal Transmittal Form Job WW - 01 9900-1 01/09/06 REFERENCE FORMS Date: 0100 00-A. REQUEST FOR INFORMATION (RFI) FORM: RFI No. (filled in by Project Engineer) To: Director of Public Works 101 Pauahi St., Suite 7 Hilo, Hawaii 96720-4224 (Facsimile 808-961-8630) Job No.: ww- Job Name: LW�40 ]<,W�4A SU'VI"R IMPI�OVI--`IMI`I4]'S Bidder Name: Bidder Address: Bidder Phone/FAX: Spec. Section or Drawing No. Clarification Requested: Job WW - 01 9900-2 01/09/06 Bidder's Signature REFERENCE FORMS Date: 0100 00-A. REQUEST FOR SUBSTITUTION FORM: Request for Substitution No. (filled in my Project Engineer) To: Director of Public Works 101 Pauahi St., Suite 7 Hilo, Hawaii 96720-4224 (Facsimile 808-961-8630) Job No.: W W - Job Name: [.,W40 ]<,W�4A I°",W °"R IMPI�OVI--,M `,��4 ' Bidder Name: Bidder Address: Bidder Phone/FAX: SUBSTITUTE OR SPECIFICATION SPECIFIED ALTERNATIVE SECTION ITEM BRAND BRAND Bidder's Signature Notes: 1. Requests for Substitution of Materials and Equipment shall be in accordance with Section 6.2 of the General Requirements and Covenants (GRC), County of Hawai'i, Department of Public Works, July 1972. 2. "Bidder" as defined under Section 1.2 of the GRC is "An individual, partnership, firm, corporation, or joint venture submitting directly or through a duly authorized representative or agent, a proposal for the work contemplated." 3. A separate form shall be utilized for each Request for Substitution. Job WW - 01 9900-3 01/09/06 REFERENCE FORMS Date: _ To: _ Contract No.: From: Attention: 0133 00-A. SUBMITTAL TRANSMITTAL FORM: Submittal No.* Spec. Section: The following material is transmitted for submittal review: No. Date Conies Description/Equipment No. We have verified that the material transmitted herein is in compliance with the specifications: with no exceptions except for the following deviations No. Deviation Contractor's Signature a See paragraph 01300-3.0, Transmittal Procedure Job WW - 01 9900-4 01/09/06 REFERENCE FORMS **END OF SECTION** Job WW - 01 9900-5 01/09/06 REFERENCE FORMS SECTION 02 21 13.23 ARCHAEOLOGICAL MONITORING PART 1 — GENERAL 1.01 DESCRIPTION This section covers the requirements for the protection and preservation of historical sites and values and requirements for monitoring of ground disturbing activities. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 ARCHAEOLOGICAL MONITOR The contractor shall acquire the services of an archaeological monitor to meet the requirements of the Archaeolgical Monitoring Plan prepared by Haun & Associates. Attached is the copy of the plan and letter from the State Historic Preservation Officer. PART 4 -MEASUREMENT AND PAYMENT 4.01 MEASUREMENT All work covered under this specification shall be measured by invoiced time to hire an archaeological monitor. 4.02 PAYMENT Payment for the archaeological monitor covered under this section shall be made on a force account basis as noted in the Bid Form. Such payment shall include full compensation for coordinating the work, scheduling of the archaeological monitor, hiring the archaeological monitor, labor, and incidentals. **END OF SECTION** Lono Kona Sewer Improvements 02 21 13.23-1 ARCHAEOLOGICAL MONITORING Job No. WW- SECTION 02 41 00 DEMOLITION PART 1 - GENERAL 1.01 DESCRIPTION A. SCOPE This section specifies site preparation which consists of the following: 1. Selective demolition and phased removal of structures and obstructions. B. EXISTING CONDITIONS 1, The Contractor shall determine the actual condition of the site as it affects this portion of work. 1.02 QUALITY ASSURANCE A. REFERENCES: This section contains references to the following documents, the "Standard Specifications for Public Works Construction", 1986, as amended and "Standard Details for Public Works Construction", 1984, as amended. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the more stringent requirements shall prevail. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids. If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, whether or not the document has been superseded by a version with a later date, discontinued, or replaced. Reference Title Standard Specifications Section 10 - Clearing and Grubbing 1.03 SUBMITTALS A. Submit demolition and excavation plans to the County at least one week before the demolition and excavation activities occur. PART 2 -PRODUCTS No products are included in this section. Lono Kona Sewer Improvements 02 41 00-1 DEMOLITION Job No. WW- PART 3 - EXECUTION 3.01 CLEARING, GRUBBING, AND STRIPPING Unless otherwise specified, the Contractor shall remove obstructions such as brush, trees, logs, stumps, roots, heavy sod, vegetation, rock, stones, and broken or old concrete and pavement, and debris where the completion of the work requires their removal. The area to be cleared, grubbed, and stripped shall be within grading limits as shown on the drawings, as staked by the Contractor, and as reviewed by the Engineer. Included in this work shall be the preservation from injury or defacement, and the replacement, in kind, to the satisfaction of the Engineer, of any such injured or defaced vegetation or objects outside the limits of construction as staked by the Contractor, and as reviewed by the Engineer. Material that is removed and is not to be incorporated in the work shall be disposed of at an authorized area. Clearing and grubbing shall be performed prior to performing any other work. After the area has been cleared and grubbed, all surface soils containing organics, debris, and other deleterious materials shall be stripped and disposed of in accordance with the requirements of the State Department of Health and at an authorized area. The stripped materials shall not be used for embankment or for backfilling of any type. Open burning is prohibited. 3.02 DEMOLITION AND REMOVAL OF STRUCTURES AND OBSTRUCTIONS A. STRUCTURES The demolition and removal of structures shall be as shown on the drawings, and any other incidental obstructions onsite. Existing pipes to be demolished shall be saw -cut and capped. B. PAVEMENT Portions of asphalt pavements and concrete pads are to be removed and upon later construction to be replaced or connected. Edges shall be saw cut, on a neat line at right angles to the curb face. C. SALVAGE The County has the right to salvage any items scheduled for removal. The Contractor shall notify the County five days prior to any salvage or demolition work to determine the disposition of items to be removed. The County will mark items to be salvaged. Such items shall be properly disconnected, removed from their foundations, cleaned, and stored at the respective site. D. PROTECTION 1. Site preparation shall not damage structures, landscaping, or vegetation adjacent to the site. The Contractor shall repair or replace any damaged property to its existing condition or better. , Before beginning any cutting or demolition work, the Contractor shall carefully survey the existing work and examine the drawings and specifications to determine the extent of the work. The Contractor shall take all necessary precautions to insure against damage to existing work to remain in place, and any damage to such work shall be repaired, or replaced as Lono Kona Sewer Improvements 02 41 00-2 DEMOLITION Job No. WW- approved by the County Representative at no additional cost to the County. The Contractor shall carefully coordinate the work of this section with all other work and construct and maintain shoring, bracing, and supports, as required. 3. The Contractor shall provide protection devices, including barricades, fencing, warning signs, lights, and other things necessary to ensure the security of, and safety within, the project site during this phase of the work. E. DUST CONTROL The amount of dust resulting from demolition shall be controlled to avoid creation of a nuisance in the surrounding area. Use of water will not be permitted when it will result in, or create, hazardous or objectionable conditions such as flooding and pollution. F. BURNING The use of burning at the project site for the disposal of refuse and debris will not be permitted. G. USE OF EXPLOSIVES Use of explosives will not be permitted. H. FILLING Holes and other hazardous openings shall be filled. Large voids which appear to be lava tubes shall be filled in accordance with requirements provided by the Engineer. L DISPOSITION OF MATERIAL Title to all materials to be demolished, excepting salable timber, is vested in the Contractor upon receipt of notice to proceed, and such materials are designated as scrap. The County will not be responsible for the condition, loss or damage to such property after notice to proceed. At this option, the Contractor may retain these items in usable form and take possession of them for his own benefit providing that there is not subsequent cost of inconvenience to the County. The County does not guarantee that these items are complete, and the Contractor shall assume responsibility for any damages caused by their use immediately upon taking possession of them. Scrap materials shall be removed from County property before completion of the Contract. Scrap shall not be sold on the site. J. CLEANUP 1. Remove debris and rubbish from the site daily. Do not allow accumulation on site. Remove debris from excavations. Remove and transport debris in a manner as to prevent spillage on streets or adjacent areas. Local regulations regarding hauling and disposal apply. 3.03 UTILITIES The County has endeavored to determine the existence of utilities at the site of the work from the records of the County of known utilities in the vicinity of the work. The positions of these utilities Lono Kona Sewer Improvements 02 41 00-3 DEMOLITION Job No. WW- as derived from such records are shown on the drawings. No excavations were made to verify the locations shown for underground utilities. It shall be the responsibility of the Contractor to determine the exact location of utilities. The Contractor shall make his own investigations, including exploratory excavations, to determine the locations and type of existing utilities prior to commencing work which could result in damage to such utilities. The Contractor shall immediately notify the County Representative as to utilities discovered by him in a different position than shown on the drawings or which is not shown on the drawings. The right is reserved to the County to enter upon streets, alleys, right-of-way, or easements for the purpose of making changes in their property made necessary by the work and for the purpose of maintaining and making repairs to County's property. A. KNOWN UTILITIES The Contractor shall provide and pay for all labor, equipment, materials and services necessary to remove, relocate, or maintained utilities specified on the plans. The work on each utility shall be performed in a manner satisfactory to the County. B. UNKNOWN UTILITIES When a utility is not specified on the plans, or it is located in a position significantly different from that specified on the plans, and interferes with the work, it shall be brought to the attention of the County Representative. Interference with the work is defined as a utility that crosses or projects into the plane of the work at an elevation between the top and bottom of the work. If it is necessary to remove, relocate, or temporarily maintain the utility, that work shall be included as a change order. C. DISCONNECTION OF UTILITY SERVICES Utilities shall be disconnected at the points indicated on the drawings. Where such disconnection will interrupt the utility services to an area not included in the contract, arrangements for such interruption shall be made with the County Representative at least 10 days in advance of the interruption. D. REMOVAL OF UTILITIES Remove all existing utilities as indicated on plans. When utility lines are encountered that are not indicated on the drawings, the County Representative shall be contacted. They shall be removed to the extent that they would project into or interfere with new construction. Existing utilities cannot be removed until replacement utilities are installed, tested, and put into service. E. PROTECTION Contractor shall preserve in operating condition, unless otherwise noted, active utilities traversing project site. Contractor shall repair damage to such utilities caused by work under this contract to the satisfaction of the County Representative. Lono Kona Sewer Improvements 02 41 00-4 DEMOLITION Job No. WW- PART 4 — MEASUREMENT AND PAYMENT A. Measurement for clearing and grubbing, within the limits of disturbance, shall include removal and disposal of vegetation and tree stumps and roots. B. Payment for clearing and grubbing shall be made at the respective unit prices bid per acre as indicated in the Bid Proposal and includes mobilization/demobilization, coordination with and receipt of letter of authorization from private property owners, and grubbing permit application. C. Measurement for roadway excavation shall include sawcutting, excavation, removal, and proper disposal or recycling of existing asphalt concrete pavement. D. Payment for roadway demolition shall be made at the respective unit prices bid per cubic yard, as indicated in the Bid Proposal. **END OF SECTION** Lono Kona Sewer Improvements 02 41 00-5 DEMOLITION Job No. WW- SECTION 03 10 00 CONCRETE FORMWORK PART I - GENERAL 1.01 DESCRIPTION This section specifies formwork requirements for concrete construction. 1.02 QUALITY ASSURANCE A. REFERENCES B. This section contains references to the documents listed below. They are a part of this section as specified and modified. Where a referenced document cites other standards, such standards are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. I Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid. If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, has been discontinued or has been replaced. Reference Title ACI 116R Cement and Concrete Terminology ACI 347 Guide to Formwork for Concrete PART 2 - PRODUCTS 2.01 FORMS A. WOOD FORMS Wood forms shall be new 5/8 -inch or 3/4 -inch, 5 -ply structural plywood of concrete form grade. Forms shall be built -in-place type or pre -fabricated panel. Built in place type forms shall be 4 by 8 foot sheets except where smaller pieces will cover entire area. When approved by the County's Representative. plywood may be reused. B. METAL FORMS I Metal forms excluding aluminum may be used. Forms shall be tight to prevent leakage, free of rust and straight without dents to provide members of uniform thickness. Lono Kona Sewer Improvements 03 1000-1 CONCRETE FORMWORK Job No. WW- 2.02 FORM TIES A. Form ties shall be commercially fabricated for use in form construction and shall be constructed so that ends or end fasteners can be removed without causing spalling at surfaces of the concrete. Diameter on ends shall be 3/4 inch minimum to 1 inch maximum. Embedded portion of ties shall be not less than 1 1/2 inch from face of concrete after ends have been removed. Ties with built-in waterstops shall be provided in all walls that will be in contact with process liquid during plant operation and/or high ground water. PART 3 - EXECUTION 3.01 PREPARATION A. Preparation shall conform to the following: Before placing of either reinforcing steel or concrete, surfaces of forms shall be covered with an approved coating material that will effectively prevent absorption of moisture and prevent bond with concrete, will not stain concrete or prevent bonding of future finishes. A field applied form release agent or sealer of approved type or a factory applied non absorptive liner may be used. 2 Excess form coating material shall not be permitted to stand in puddles in forms nor in contact with hardened concrete against which fresh concrete is to be placed. 3 Temporary openings shall be provided at base of column and wall forms and at other points where necessary to facilitate cleaning and observation r immediately before concrete is placed, and to limit height of fee fall of concrete to prevent aggregate segregation. 4 Temporary openings, also called form "windows". shall be used to limit height of free fall of concrete and to limit the lateral movement of concrete during placement. Openings are required in walls placements greater than 20 feet in height and shall be spaced so that no more than 8 feet of solid form exists between openings measured horizontally and vertically. Surfaces of forms, reinforcing steel and other embedded materials shall be cleaned of any accumulated mortar or grout from previous concreting and of all other foreign material before concrete is placed. 3.02 ERECTION A. Form erection shall conform to the following: 1 Products shall be installed in accordance with manufacturer's written instructions. 2 Surfaces of columns, piers, walls, and in risers shall vary from plumb a maximum of 1/2 inch for entire height and 1/4 inch in 10 feet of height. Exposed corner columns, control -joint grooves, and other exposed to view lines shall vary from plumb a maximum of 1/2 inch for entire length and 1/4 inch in 20 feet of length. 3 Maximum variation from level or from grade shall be 3/4 inch for entire length, 3/8 inch for any bay or 20 foot length and 1/4 inch in 10 feet of length for slab soffits, ceilings, beam soffits and in arises, measured before removal of supporting shores and shall be 1/2 inch for Lono Kona Sewer Improvements 03 1000-2 CONCRETE FORMWORK Job No. WW- entire length and 1/4 inch in 20 feet of length for exposed lintels, sills, parapets, horizontal grooves, and other exposed to view lines. 4 Maximum variation of linear structure lines from established position in plan and related position of columns, walls, and partitions shall be 3/4 inch for entire length and 3/8 inch for any bay or 20 foot length. 5 Maximum variation in size and location of sleeves, floor openings, and wall openings and variation in horizontal plan location of beam, column and wall centerlines shall be ± 1/2 inch. 6 Maximum variation in cross sectional dimensions of columns and beams and in thickness of slabs and walls shall be ± 1/2 inch and in concrete plan dimensions for footings and foundations shall be - 1/2 inch, + 2 inches. 7 Maximum misplacement or eccentricity of footings and foundations shall be 2 percent of footing width in direction of misplacement but not more than 2 inches. Specified thickness of footings and foundations may be decreased by up to 5 percent with no maximum increase except that which may interfere with other construction. Maximum step variance in the flight of stairs for Rise is ± 1/8 inch and for Tread is ± 1/4 inch and in consecutive steps for Rise is ± 1/16 inch and for Tread is ± 1/8 inch. 10 Sufficient control points and benchmarks to be used for reference purposes to check tolerances shall be established and maintained in an undisturbed condition until final completion and acceptance of the work. 11 Regardless of tolerances listed, no portion of a structure shall be allowed to extend beyond the legal boundary of work site. 12 To maintain specified tolerances, formwork shall be cambered to compensate for anticipated deflections in formwork prior to hardening of concrete. Forms shall be sufficiently tight to prevent loss of mortar from concrete. 13 A 3/4 -inch chamfer strip shall be placed in exposed to view corner of form to produce a 3/4 - inch wide beveled edge. 14 At construction joints, contact surface of form sheathing for flush surfaces exposed to view over hardened concrete in previous placement shall be overlapped by at least 1 inch. Forms against hardened concrete shall be held to prevent offsets or loss of mortar at construction joint and to maintain a true surface. Where possible, juncture of built -in-place wood or metal forms shall be located at architectural lines, control joints or at construction joints. 15 Where circular walls are formed and forms made up of straight sections are proposed for use, straight lengths not exceeding 2 feet wide shall be provided for curved surfaces 25 feet or larger. Formwork shall be braced and tied to maintain correct position and shape of members. 16 Wood forms for wall openings shall be constructed to facilitate loosening, if necessary, to counteract swelling. Formwork shall be anchored to shores or other supporting surfaces of members so that movement of any part of form work system is prevented during concrete placement. 17 Runways for moving equipment shall be provided with struts or legs, supported directly on formwork or structural member without resting on reinforcing steel. Lono Kona Sewer Improvements 03 1000-3 CONCRETE FORMWORK Job No. WW- 18 A positive means of adjustment (wedges or jacks) of shores and struts and take up all settlement during concrete placing operation shall be provided. Forms shall be securely braced against lateral deflection. Wedges used for final adjustment of forms shall be fastened prior to concrete placement in position after final check. 3.03 REMOVAL OF FORMS A. Removal of forms shall conform to the following: No construction loads shall be supported on, nor any shoring removed from, any part of the structure under construction except when that portion of the structure in combination with remaining forming and shoring system has sufficient strength to safely support its weight and loads placed thereon. 2 When required for concrete curing in hot weather, required for repair of surface defects or when finishing is required at an early age, forms shall be removed as soon as concrete has hardened sufficiently to resist damage from removal operations or lack of support. 3 Top forms on sloping surfaces of concrete shall be removed as soon as concrete has attained sufficient stiffness to prevent sagging. Any needed repairs or treatment required on such sloping surfaces shall be performed at once, followed by curing specified in Section 03 30 00. 4 Wood forms for wall openings shall be loosened as soon as this can be accomplished without damage to concrete. Formwork for columns, walls, sides of beams, and other parts not supporting weight of concrete may be removed as soon as concrete has hardened sufficiently to resist damage from removal. 6 Where no reshoring is planned, forms and shoring used to support weight of concrete shall be left in place until concrete has attained its specified 28 -day compressive strength. Where a reshoring procedure is planned, supporting formwork may be removed when concrete has reached the concrete strength required by the formwork designer's structural calculations. When shores and other vertical supports are so arranged that non -load -carrying form facing material may be removed without loosening or disturbing shores and supports, facing material may be removed when concrete has sufficiently hardened to resist damage from removal. 3.04 RESHORING A. Reshoring shall conform to the following: No construction loads shall be supported on, nor any shoring removed from, any part of the structure under construction except when that portion of the structure in combination with remaining forming and shoring system has sufficient strength to safely support its weight and loads placed thereon. 2 While reshoring is underway, no superimposed dead or live loads shall be permitted on the new construction. Lono Kona Sewer Improvements 03 1000-4 CONCRETE FORMWORK Job No. WW- 3 During reshoring, concrete in structural members shall not be subjected to combined dead and construction loads in excess of loads that structural members can adequately support. 4 Reshores shall be placed as soon as practicable after stripping operations are complete but in no case later than the end of working day on which stripping occurs. 5 Reshores shall be placed to carry their required loads without overstressing. 6 Where no reshoring is planned, forms and shoring used to support weight of concrete shall be left in place until concrete has attained its specified 28 day compressive strength. Where a reshoring procedure is planned, supporting formwork may be removed- when concrete has reached- the concrete strength by the formwork designer's structural calculations. ***END OF SECTION*** Lono Kona Sewer Improvements 03 1000-5 CONCRETE FORMWORK Job No. WW- SECTION 03 20 00 CONCRETE REINFORCEMENT PART 1 - GENERAL 1.01 DESCRIPTION This section specifies reinforcing steel for use in reinforced concrete. 1.02 QUALITY ASSURANCE A. REFERENCES This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. 2 Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid. If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced. Reference Title ACI 315 Details and Detailing of Concrete Reinforcement ASTM A82 Steel Wire, Plain, for Concrete Reinforcement ASTM A185 Steel Welded Wire, Fabric, Plain for Concrete Reinforcement ASTM A615/A615M REV B Deformed and Plain Billet -Steel Bars for Concrete Reinforcement ASTM A616/A616M Rail -Steel Deformed and Plain Bars for Concrete Reinforcement ASTM A617/A617M Axle -Steel Deformed and Plain Bars for Concrete Reinforcement ASTM A706/A706M REV B Low -Alloy Steel Deformed Bars for Concrete Reinforcement ASTM E329 Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction AWS D1.4 Structural Welding Code--ReinforcingSteel CRSI-PRB Placing Reinforcing Bars CRSI-MSP 1 Manual of Standard Practice FEDSPEC QQ-W-461H Wire, Steel, Carbon (Round, Bare, and Coated) Lono Kona Sewer Improvements 03 20 00-1 CONCRETE REINFORCEMENT Job No. WW- 1.03 SUBMITTAL- REINFORCING BAR PLACING DRAWINGS A. The Contractor shall prepare reinforcement placing drawings conforming to the requirements of ACI 315. Placing drawings shall include bar lists, schedules, bending details, placing details, and placing plans and elevations as required to fully delineate this portion of the work. PART 2 - PRODUCTS 2.01 BAR REINFORCEMENT A. Reinforcing bars shall be deformed billet steel in conformance with ASTM A615, including supplementary requirements. Bars shall be Grade 60. Bars to be welded shall be deformed billet steel conforming to ASTM A 706. ASTM A616 or ASTM A617 steel shall not be used. 2.02 WIRE FABRIC A. Wire fabric shall be welded steel mesh conforming to ASTM A185. 2.03 WIRE AND PLAIN BARS A. Wire used as reinforcement and bars used as spiral reinforcement in structures shall be cold drawn steel conforming to ASTM A82. 2.04 TIE WIRE A. The wire shall be minimum 16 gage annealed steel conforming to FEDSPEC QQ-W-461 H. 2.05 BAR SUPPORTS A. Bar supports coming into contact with forms shall be CRSI Class 1 plastic protected or Class 2 stainless steel protected and shall be located in accordance with CRSI MSP -1 and placed in accordance with CRSI PRB. Concrete block supports shall be provided for footing and slabs on grade. Stainless steel or plastic protected plain steel supports shall be provided for other work. 2.06 MECHANICAL THREADED FORM SAVER COUPLERS Use Type 1 mechanical splice unless noted otherwise. TYPE 1 MECHANICAL COUPLER SPLICE Mechanical threaded coupler shall be steel complying with ASTM A108. Couplers shall have an internal positive stop to ensure proper thread engagement. Coupling shall be internally threaded with non-tapered threads. Bars to be connected shall comply with ASTM A615, grade 60, shall be produced by the same manufacturer and shall have compatible external threads on one end. Type 1 mechanical threaded connectors shall develop 125 percent of the yield strength of the bars being spliced. Approved manufacturers and products: a) Dayton Superior "D-50 DBR Coupler System", Dayton Superior Corp. Lono Kona Sewer Improvements 03 20 00-2 CONCRETE REINFORCEMENT Job No. WW- b) Williams "C2D Rebar Flange Coupler", Williams Form Engineering Corp. c) Approved equal. 2.07 PRODUCT DATA The following information shall be provided prior to installation in accordance with Section 01300: 1. Certified mill test reports 2. Welder qualification certificate in accordance with AWS DIA. PART 3 - EXECUTION 3.01 FABRICATION A. Reinforcing steel shall not be bent or straightened in a manner which will injure the material. Bars with kinks or with bends not shown shall not be used. Heating or welding bars shall be performed in accordance with AWS DIA and shall only be permitted where specified or approved by the Engineer. Bars shall not be welded at the bend. 3.02 PLACEMENT A. Reinforcing steel shall be placed in accordance with CRSI PRB and CRSI MSP -1. B. Reinforcing steel shall be positioned accurately and secured against displacement by using annealed iron wire at intersections and shall be supported by concrete or metal chairs, spacers or metal hangers. Tack welding of cross bars is not acceptable. Bars shown on the drawings shall not be repositioned (buried) to act as support bars. Additional bars shall be provided as required for supports. Steel rods and pegs may be used to support reinforcing steel on rock foundations. Reinforcing steel shall be placed in such a manner as to not damage waterproofing membrane or plastic lining which has been previously applied or constructed. Reinforcing steel shall not be placed on fresh concrete or forced into fresh concrete. C. Supports for embedded items shall not be welded to the reinforcement. Additional reinforcement may be provided for this purpose. 3.03 SPLICING A. Reinforcing steel shall be spliced as shown on the design drawings. Additional splices may be provided where approved by the Engineer. B. In slabs, beams, girders and walls, reinforcing steel shall not be spliced in areas of maximum stress. Splices of adjacent bars shall be staggered at least one splice length, unless otherwise specified. C. Reinforcing steel shall be cleaned of mill rust scale, dried concrete, or other coatings that may reduce bond. Reinforcement reduced in section is not acceptable. When concrete placement is Lono Kona Sewer Improvements 03 20 00-3 CONCRETE REINFORCEMENT Job No. WW- delayed, reinforcement shall be cleaned by sandblasting if directed by the County's Representative. 3.04 MEASUREMENT AND PAYMENT All work covered under this specification shall not be measured and paid for directly but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. END OF SECTION Lono Kona Sewer Improvements 03 20 00-4 CONCRETE REINFORCEMENT Job No. WW- SECTION 03 30 00 CAST -IN-PLACE CONCRETE PART 1 - GENERAL 1.01 DESCRIPTION A. This section specifies cast -in-place concrete which consists of furnishing all material, mixing and transporting equipment, and performing all labor for the proportioning, mixing, transporting, placing, consolidating, finishing, and curing of concrete in the structure. 1.02 QUALITY ASSURANCE B. QUALITY CONTROL BY COUNTY Special Inspection of concrete work shall be performed by the Special Inspector under contract with the County and in conformance with the IBC Chapter 17. Special Inspector(s) and laboratory shall be acceptable to the County in their sole discretion. Special Inspection of concrete is in addition to, but not replacing, other inspections and quality control requirements herein. Where sampling and testing required herein conforms to Special Inspection standards, such sampling and testing need not be duplicated. 2. All structural concrete work shall receive Special Inspection in accordance with IBC Chapter 17. Structural concrete includes all elements which resist code -defined loads. Non-structural site work concrete does not require Special Inspection. Anchor bolts and anchors installed in hardened concrete require Special Inspection. C. QUALITY CONTROL BY CONTRACTOR 1. To demonstrate conformance with the specified requirements for cast -in-place concrete, the Contractor shall provide the services of an independent testing laboratory which complies with the requirements of ASTM E329. The testing laboratory shall sample and test concrete materials as specified in paragraphs 03 30 00- 2.01 and 2.02. Costs of testing laboratory services shall be borne by the Contractor. D. BASIS FOR QUALITY Cast -in-place concrete shall conform to the requirements of ACI 301, except as modified herein. E. REFERENCES 1. This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. Lono Kona Sewer Improvements 03 30 00-1 CAST IN PLACE CONCRETE Job No. WW- 2. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid. If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization, or if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued, or replaced. Reference Title ACI 211.1 Selecting Proportions for Normal, Heavy Weight and Mass Concrete ACI 214 Evaluation of Strength Test Results of Concrete ACI 301 Specifications for Structural Concrete ACI 304 Measuring, Mixing, Transporting, and Placing Concrete ACI 304.2 Placing Concrete by Pumping Methods ACI 305R Hot Weather Concreting ACI 318 Building Code Requirements for Concrete ACI 350 Code Requirements for Environmental Engineering Concrete Structures ACI 350.1 Tightness Testing of Environmental Engineering Concrete Structures ASTM C31 Making and Curing Concrete Test Specimens in the Field ASTM C33 Concrete Aggregates ASTM C39 Compressive Strength of Cylindrical Concrete Specimens ASTM C40 Organic Impurities in Fine Aggregate for Concrete ASTM C42 Obtaining and Testing Drilled Cores and Sawed Beams of Concrete ASTM C94 Ready -Mixed Concrete ASTM C136 Sieve Analysis of Fine and Coarse Aggregates ASTM C143 Slump of Portland Cement Concrete ASTM C150 Portland Cement ASTM C157 Length Change of Hardened Cement Mortar and Concrete ASTM C172 Sampling Freshly Mixed Concrete ASTM C231 Air Content of Freshly Mixed Concrete by the Pressure Method ASTM C260 Air -Entraining Admixtures for Concrete ASTM C309 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C494 Chemical Admixtures for Concrete ASTM C595 Blended Hydraulic Cements ASTM C618 Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete ASTM C881 Epoxy -Resin -Base Bondin Systems for Concrete Lono Kona Sewer Improvements 03 30 00-2 CAST IN PLACE CONCRETE Job No. WW- ASTM C1059 Latex Agents for Bonding Fresh to Hardened Concrete ASTM C1260 Potential Alkali Reactivity of Aggregates (Mortar- Bar Method) ASTM C1567 Determining the Potential Alkali-Silica Reactivity of Combinations of Cementitious Materials and Aggregate (Accelerated Mortar-Bar Method) ASTM D75 Sampling Aggregates ASTM E329 Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction CRD-0572 U.S. Corps of Engineer's Specifications for Polyvinylchloride Watersto IBC International Building Code with local amendments 1.03 SUBMITTALS F. The following information shall be provided in accordance with Section 01 33 00. 1. Each proposed mix design showing (a) the expected strength at 28 days, (b) slump before and after the introduction of high -range water -reducing admixtures, (c) water/cement ratios, (d) weights and test results of the ingredients, (e) aggregate gradation, (f) test results of mix design prepared by an independent testing laboratory, and (g) other physical properties necessary to review each mix design for conformance with these specifications. 2. Product literature and technical data for aggregates and cement. 3. Product literature. technical data and dosage of all proposed admixtures-. 4. Anticipated average delivery time from batch plant to site. If this time exceeds the limit specified in paragraph 3.02, include proposed method to extend set time without deleterious effects on final product. County's Representative reserves the right, in their sole discretion, to accept or reject such proposed methods. 5. Curing program description in sufficient detail to demonstrate acceptable strength, finish and crack control as specified. Product literature and technical data for curing compounds, bonding compounds, surface sealers. 7. Concrete delivery truck tickets showing the information listed in ASTM C94, section 14. 2.01 MATERIALS G. CEMENT Portland cement shall be ASTM CI 50, Type II or Type V, low alkali, containing less than 0.60 percent alkalis. H. AGGREGATES Lono Kona Sewer Improvements 03 30 00-3 CAST IN PLACE CONCRETE Job No. WW- 1. GENERAL: Except as modified herein, fine and coarse aggregates shall conform to ASTM C33. Fine and coarse aggregates shall be regarded as separate ingredients. Aggregates shall be non-reactive and shall be washed before use. Tests for size and grading of fine and coarse aggregates shall be in accordance with ASTM C 136. Combined aggregates shall be well and uniformly graded from coarse to fine sizes to produce a concrete that has optimum workability and consolidation characteristics. The final combined aggregate gradation shall be established during the design mix. When sources of aggregates are changed, test reports shall be provided for the new material. The tests specified shall be performed prior to commencing concrete work. 2. FINE AGGREGATE: Fine aggregate shall be hard, dense, durable particles of either sand or crushed stone regularly graded from coarse to fine. Gradation may conform to Hawaii DOT 2005 Standard Specification, Section 703.01. in lieu of ASTM C33 gradation requirements. COARSE AGGREGATE: Coarse aggregate shall be hard, dense and durable gravel or crushed rock free from injurious amounts of soft and friable particles alkali, and organic matter. Other deleterious substances shall not exceed the limits listed in ASTM C33, Table 3. Gradation of each coarse aggregate size specified in paragraph 03 30 00-2.02 A shall conform to ASTM C33, Table 2. Before and during field trial mixes, the Contractor may make minor adjustments to the above gradation to produce the specified concrete. L POZZOLAN: Not Used J. ADMIXTURES GENERAL: Admixtures shall be compatible with the concrete and with each other. Calcium chloride or admixtures containing calcium chloride are not acceptable. Admixtures shall be used in accordance with the manufacturer's recommendations and shall be added separately to the concrete mix. 2. WATER REDUCING ADMIXTURES AND RETARDERS: Water reducing retarders shall conform to ASTM C494, Type D. Candidate manufacturers include Degussa Admixture Systems, Pozzolith 300R; Sika Chemical Corp., Plastiment; Euclid Chemical Co., Eucon Retarder 75; or equal. Water reducing admixtures shall conform to ASTM C494, Type A. Candidate manufacturers include Degussa Admixture Systems, Pozzolith 322N; SIKA Chemical Corp., Plastocrete 161; Euclid Chemical Co., Eucon WR89; or equal. The water reducing retarders and admixtures shall reduce the water required by at least 11 percent for a given concrete consistency and shall comply with the water/cement ratio standards of ACI 211.1. Retarder dosage shall result in set time consistent with paragraph 03300-3.02. 3. HIGH RANGE WATER REDUCING ADMIXTURES AND RETARDERS: High range water reducing (superplasticizing) retarders shall conform to ASTM C494, Type G. Candidate manufacturers include Sika Chemical Corp., Sikament I OESL; Euclid Chemical Co., Eucon 537; or equal. Lono Kona Sewer Improvements 03 30 00-4 CAST IN PLACE CONCRETE Job No. WW- High range water reducing (superplasticizing) admixtures shall conform to ASTM C494, Type F. Candidate manufacturers include Degussa Admixture Systems, Glenium 3000NS; Sika Chemical Corp., Sikament FF or 86; Euclid Chemical Co., Eucon 37; or equal. 4. AIR ENTRAINING AGENT: Not Used 5. SHRINKAGE REDUCING ADMIXTURE: Use of shrinkage reducing admixtures is optional. If used, select shrinkage reducing admixture for compatibility with other ingredients of the concrete mix. Products that may be considered include BASF "Tetraguard AS20" and Grace "Eclipse 4500". K. WATER Water for washing aggregate, for mixing and for curing shall be free from oil and deleterious amounts of acids, alkalis, and organic materials; shall not contain more than 1,000 mg/L of chlorides as Cl, nor more than 1300 mg/L of sulfates as SO4 ; and shall not contain an amount of impurities that may cause a change of more than 25 percent in the setting time of the cement nor a reduction of more than 5 percent in the compressive strength of the concrete at 14 days when compared with the result obtained with distilled water. Additionally, water used for curing shall not contain an amount of impurities sufficient to discolor the concrete. 2.02 CONCRETE CHARACTERISTICS L. MIX PROPORTIONING Concrete shall be normal weight concrete composed of specified cement, admixtures, aggregates and water proportioned and mixed to produce a workable, strong, dense, and impermeable concrete. Water/cement ratio is based on the combined contents of cement and pozzolan in a given mix proportion. Concrete shall be provided in accordance with the following: Concrete class ASTM C33 coarse aggregate size Maximum water/cement ratio Air content (percent) Minimum 28- day compressive strength, psi Slump range (inches)b A 67 0.45 Not required 3000 3-5 B 67 0.42 Not required 4000 3-5 Ca 67 -- Not required 2000 4-8 Xoncrete encasement for electrical conduit shall contain 3 pounds of red oxide per sack of cement. b Slump before addition of high range water reducing admixture (superplasticizer). Maximum slump after addition of high range M. USE Concrete shall be provided by class for the corresponding use listed as follows: Lono Kona Sewer Improvements 03 30 00-5 CAST IN PLACE CONCRETE Job No. WW- Type of use Class of concrete Non-structural concrete (sidewalks, curbs, pavers, etc.) A Cast -in-place structural concrete B Pipe bedding and encasement, electrical conduit C encasement C (duct banks) and concrete fill ("lean concrete") N. CONTROL TESTS GENERAL: Before beginning concrete work, the Contractor shall determine the proper proportions of materials for each class of concrete. The mix shall consist of specified cement, admixtures, aggregate and water. Methods for selecting and adjusting proportions of the ingredients shall be in accordance with ACI 211.1. Verification of mix characteristics for submittal may be achieved using either the Batch Plant Mix Design method or Historical Data method. Concrete shall not be placed in the field prior to review and acceptance of mix proposed. Concrete shall not be placed in the field prior to acceptance of the trial mix. It is recommended that a shrinkage reducing admixture (see 03 30 00-2.01 D.5) be considered for use in the Class B concrete mix. 2.03 WATERSTOPS- Not Used 2.04 JOINT SEALANTS Joint sealant shall be installed at all construction joints below ground level to form watertight joints in accordance with the manufacturer's instructions. Sealant shall be ConSeal or approved equal. Sealant shall meet the hydrostatic performance requirement as set forth in ASTM C-990 section 10.1, and meets or exceeds the requirements of Federal specification SS -S-210 (210-A), AASHTO M-19813, and ASTM C-990-91. 2.05 BONDING COMPOUNDS Epoxy resin bonding compounds to be used for wet areas shall conform to ASTM C881 Types IV or V, Class A, B, or C depending on temperature at use, and Grade to suit geometry and installation circumstances. Acceptable products include: Degussa Building Systems, Concresive Paste SPL or 1490 as applicable; Sika Chemical Corporation Sikadur 35 or Sikadur 32, as applicable; or equal. Non -epoxy bonding compounds may be used in dry areas for non-structural bonding or as specifically noted on the drawings only and shall conform to ASTM C1059 Type IL Acceptable products include: Burke by Edoco. Acrylic Bondcrete: ChemMasters, Cretelox; or equal. Bonding compounds shall be applied in accordance with the manufacturer's instructions. 2.06 EPDXY FOR CRACK INJECTION Epoxy for crack injection shall be a two -component, moisture insensitive, high modulus, injection grade, 100 percent solids, blend of epoxy -resin compounds. The consistency shall be as required Lono Kona Sewer Improvements 03 30 00-6 CAST IN PLACE CONCRETE Job No. WW- to achieve complete penetration in hairline cracks and larger. Material shall conform to ASTM C881 Type 1 Grade 1, such as Sika Corporation Sikadur 52, Adhesives' Technology Corporation SLV 300 series. Epoxy grout shall be used for all crack repairs. 2.07 CHEMICAL GROUT FOR CRACK INJECTION -Not Used 2.08 RETARDANT Retardant for exposing aggregates for unformed surfaces in construction joints shall be Sika Rugasol-S, Horn Aggretex-H, Burke Company True Etch Surface Retarder, or equal. Retardant shall be applied in accordance with manufacturer's instructions sufficient to assure a minimum penetration of 1/8 inch. 2.09 SURF ACE HARDENER- Not Used 2.10 CURING AND SEALING COMPOUNDS Curing and sealing compound shall be Degussa Building Systems, Masterseal; Sonneborn, Kure and Seal; A. C. Horn Inc., Horn Clearseal EM180; Burke Company Spartan -Cote WB Cure Seal Hardner; or equal, conforming to ASTM C309. Curing compound shall be clear and shall be applied in accordance with the manufacturer's instructions, except as otherwise specified. Curing and sealing compound shall be certified compliant with final finish systems. 2.11 TRENCH DRAINS - Not Used 2.12 NEOPRENE BEARING AND SEAL PADS -Not Used PART 3 - EXECUTION 3.01 CONCRETE Concrete shall be truck -mixed, ready -mixed concrete conforming to the applicable portions of ASTM C94. Materials shall be proportioned by weighing. Water shall be introduced at the time of charging the mixer; additional water may be introduced within 45 minutes from charging the mixer, provided the specified slump is not exceeded and the maximum total water per the approved mix design is not exceeded. Contractor shall arrange with the testing laboratory for inspection as required to comply with these specifications. Concrete shall be delivered to the site and discharge shall be completed within 1-1/2 hours after introduction of water to the mixture. Extension of allowable time beyond this limit requires a Contractor proposed remedial action plan to be reviewed and accepted by the County's Representative. 3.02 CONVEYING AND PLACING CONCRETE A. CONVEYING CONCRETE Lono Kona Sewer Improvements 03 30 00-7 CAST IN PLACE CONCRETE Job No. WW- Concrete shall be conveyed from the mixer to the forms in accordance with ACI 301 and ACI 304. Concrete which has segregated in conveying shall be removed fom the site of the work. B. PLACING CONCRETE 1. GENERAL: Concrete shall be placed in accordance with ACI 301 and ACI 304 as applicable. 2. PLACING CONCRETE BY PUMPING: Concrete may be placed by pumping at Contractor's discretion according to ACI 304 and ACI 304.2. Use of pumping shall not, however, be cause to change or relax specified mix design characteristics, in particular coarse aggregate size and gradation. Before starting each pumping operation, the pump and line shall be primed with a cement slurry to lubricate the system. Cement slurry shall be wasted outside the forms. Hose tip shall be equipped with a safety chain for recovery in case of hose blowout during pumping, and in no case shall hose or accessories remain in the freshly placed concrete. Proper tremie placing techniques and equipment shall be used for all pump placed concrete. Pump discharge system shall remain full of concrete from pump to discharge point at all times. Concrete pumping shall not occur until County's Representative has verified that the proper equipment is available, in particular, the tremie plug. Should the discharge line become open, with significant zones empty of concrete, then the pumping shall cease and the line re -primed with tremie plug installed before continuing the pour. PLACING CONCRETE IN HOT WEATHER: In hot weather (above 85 degrees F), concrete shall be placed in accordance with ACI 305R. C. CONSOLIDATED CONCRETE Concrete shall be consolidated in accordance with ACI 301. If proper consolidation is not occurring, then concrete placing shall be suspended until proper consolidation can be achieved. For wall pours in excess of eight (8) feet tall by fifteen (15) feet long, two consolidation devices each with a two-man crew shall be utilized, minimum. 3.03 CURING AND SEALING A. GENERAL Concrete curing shall be completed by water curing or by using a clear membrane curing compound or by a combination of both methods. Repairs or treatment of concrete surfaces shall be coordinated so that interruption of the curing will not be necessary. Concrete surface temperature shall be maintained between 50 degrees F and 80 degrees F for at least 5 days. Curing concrete in hot weather (above 85 degrees F) shall be in accordance with ACI 305R. B. WATER CURING When water curing is used, concrete shall be kept wet continuously for a minimum of 7 days after placement. Absorptive mats or fabric may be used to retain moisture during the curing period. Lono Kona Sewer Improvements 03 30 00-8 CAST IN PLACE CONCRETE Job No. WW- Unless otherwise specified, water curing shall be used in hot weather for water containment structures. Forms shall be covered and kept moist. The forms shall be loosened, as soon as possible without damage to the concrete, and provisions made for curing water to run down inside them. During form removal, care shall be taken to provide wet cover to newly exposed surfaces. At the end of the specified curing period, the covering shall be left in place without wetting for several days. C. CURING COMPOUND When curing compound is used, it shall be applied as soon as the concrete has set sufficiently so as not to be marred by the application or immediately following form removal for vertical and other formed surfaces. Preparation of surfaces, quantities used, application procedures, and installation precautions shall be followed in strict compliance with the manufacturer's instructions. Curing compound shall not be used on concrete surfaces to be coated, waterproofed, moistureproofed, tiled, roofed, or where other coverings are to be bonded, unless the curing compound is compatible with the final finish covering or it is removed prior to covering. 3.04 PROTECTION Concrete shall be protected from injurious action by sun, rain, flowing water, and mechanical injury, and shall not be allowed to dry out from the time it is placed until the expiration of curing periods. Steel troweled slabs shall be protected with craft paper, 6 mil thick polyethylene membrane, or other similar waterproof material for at least 2 weeks after placement. Joints between adjacent strips of the paper shall be sealed. Float or broom finished slabs need be protected after curing only in areas subject to damage during construction. 3.05 CONSTRUCTION JOINTS A. GENERAL Concrete in each unit of construction shall be placed continuously. Before new concrete is placed on or against concrete which has set, forms shall be retightened and the surface of the set concrete shall be cleaned of foreign matter. B. CONSTRUCTION Construction joints shall be formed as specified. A rough surface of exposed concrete aggregates shall be produced using a surface retardant at construction joints, including joints between slab and topping concrete. The limit of the treated surfaces shall be 1 inch away from the joint edges. Within 24 hours after placing, retarded surface mortar shall be removed either by high pressure water j etting or stiff brushing or combination of both so as to expose coarse aggregates. A rough surface of exposed aggregate may also be produced by sandblasting followed by high pressure water jetting. Sandblasting, if used, shall remove 1/8 inch of laitance film and shall expose coarse Lono Kona Sewer Improvements 03 30 00-9 CAST IN PLACE CONCRETE Job No. WW- aggregate to ensure adequate bond and, water tightness at the construction joints. Reinforcing steel shall be continued across construction joints. 3.06 INSERTS AND EMBEDMENTS A. INSERTS Where pipes, castings or conduits are to pass through structures, the Contractor shall place such pipes or castings in the forms before placing the concrete, or he may provide openings in the concrete for subsequent insertion of such pipes, castings or conduits. Additional reinforcement shall be provided around openings as shown. Grout fill around inserts shall be non -shrink grout as specified in Section 03 60 00. Horizontal conduits and pipes, where shown in structural slabs and beams, shall be placed between the top and bottom layers of reinforcement. Spacing and size limitations shall conform to ACI 318 Section 6.3 unless specifically approved otherwise by the Engineer. Such conduits and pipes shall not run directly beneath a column or, if used, its steel base plate. B. EMBEDMENTS Miscellaneous metal parts that are to be embedded in the concrete shall be set and secured in the forms prior to concrete placement. Unless otherwise specified, anchor bolts and inserts shall be embedded in concrete as shown. The Contractor shall provide inserts, anchors or other bolts necessary for the attachment of piping, valves, metal parts and equipment. Nailing blocks, plugs, strips, and the like necessary for the attachment of trim, finish, and similar work shall be provided. Voids in sleeves, inserts and anchor slots shall be filled temporarily with readily removable material to prevent the entry of concrete into the voids. Miscellaneous metal parts that are to be embedded in the concrete shall be set and secured in the forms prior to concrete placement. Unless otherwise specified, anchor bolts and inserts shall be embedded in concrete as shown. The Contractor shall provide inserts, anchors or other bolts necessary for the attachment of piping, valves, metal parts and equipment. Nailing blocks, plugs, strips, and the like necessary for the attachment of trim, finish, and similar work shall be provided. Voids in sleeves, inserts and anchor slots shall be filled temporarily with readily removable material to prevent the entry of concrete into the voids. 3.07 EXPANSION JOINTS Expansion joints shall be as shown. Reinforcement or other embedded metal items bonded to the concrete shall not extend through expansion joints. 3.08 WATERSTOPS - Not Used 3.09 MODIFICATION OF EXISTING CONCRETE A. GENERAL Lono Kona Sewer Improvements 03 30 00-10 CAST IN PLACE CONCRETE Job No. WW- Structural dimensions related to or controlled by previously constructed or existing structures shall be verified in the field by the Contractor prior to concrete work. B. CUTTING OR CORING CONCRETE Surfaces exposed to view shall be neatly saw cut to a depth of 1 inch prior to removing the existing concrete. Existing joint edge shall be ground to create a chamfer matching those used adjacent, where occurs. Hidden or other surfaces shall receive a �/z inch radius tooled joint between new and existing concrete. Grind existing to imitate tooled edge. Unless specifically notified otherwise, Contractor shall investigate concrete to be drilled, cored or sawcut to determine location of existing reinforcing steel. Penetrations shall be located so as to clear existing reinforcing steel if possible. Unless otherwise detailed on the drawings, or where not possible to avoid reinforcing steel, consult Engineer as to acceptability of cutting reinforcing steel and provide new reinforcing systems as directed. Locating methods include chipping to expose reinforcing steel, ground penetrating radar, X-ray, or magnetic flux devices. Locates of existing reinforcing shall be paid for by the Contractor. C. JOINING NEW CONCRETE TO EXISTING Existing concrete surfaces to be joined with new concrete shall be thoroughly cleaned, and roughened by abrasive blasting, bush hammering or other method to achieve 1/4 -inch amplitude surface. Existing metalwork, embeds or other interfering items shall be removed. Coat the existing surface with bonding compound just prior to placement of new concrete. D. DOWELS Dowels to be installed in existing concrete shall utilize holes drilled with a hammer drill and carbide bit (core drilled holes not allowed), properly brushed and air -cleaned with oil -fee compressed air, and an injectable two -component epoxy adhesive, as per Section 03 60 00. Installation shall conform to manufacturer's recommendations and to ICC Evaluation Reports. E. WATERSTOPS: Not Used 3.10 FORMS A. Forms for City roads shall be as specified in Sections 41 and 42 of the DPW Standard Specifications for concrete curbs and gutters, and concrete sidewalks, respectively. B. Either steel or wood, of size and strength to resist movement during concrete placement and to retain horizontal and vertical alignment during removal. Use forms that are straight and free of distortion and defects, extending the full depth of concrete. Use flexible sprint steel forms or laminated boards to form radius bends as required. Lono Kona Sewer Improvements 03 30 00-11 CAST IN PLACE CONCRETE Job No. WW- C. Surface defects, including tie holes, minor honeycombing or otherwise defective concrete shall be repaired in accordance with ACI 301. Areas to be patched shall be cleaned. Minor honeycombed or otherwise defective areas shall be cut out to solid concrete to a depth of at least 1 inch. The edges of the cut shall be perpendicular to the surface of the concrete. Patches on exposed surfaces shall be finished to match the adjoining surfaces after they have set. Patches shall be cured as specified for the concrete. Finished surfaces shall be protected from stains and abrasions. Finishes shall be equal in workmanship, texture, and general appearance to that of the adjacent concrete. Concrete with honeycombing, which exposes the reinforcing steel or with defects which affect structural strength shall be corrected. 3.11 SLAB FINISHES A. The finishes specified herein include surface finishes, treatments and toppings for floors and slabs. Dry cement shall not be used on new concrete surfaces to absorb excess moisture. Edges shall be rounded to a radius of 1/2 inch. Joints shall be grooved to a radius and depth of 1 /4 inch each. B. FLOAT FINISH Float finish shall conform to ACI 301. Floating shall be performed with a hand or power -driven float. Floating of any one area shall be the minimum necessary to produce the finish specified. Floating shall compact and smooth the surface and close any cracks and checking of surfaces. Float finish shall be applied tops of footings. C. STEEL TROWEL FINISH Steel trowel finish shall conform to ACI 301. Immediately after final troweling, the surface shall be cured and protected. Steel trowel finish shall be provided on slabs and pads unless specified otherwise. D. BROOMED FINISH Broomed finish shall conform to ACI 301. Broomed finish shall be provided for walks, exterior slabs -on -grade, and where otherwise indicated or specified. 3.12 RELATED SURFACES A. STAIR TREAD: Not Used B. FINISHING OF UNFORMED SURFACES RELATED UNFORMED SURFACES: Tops of walls or buttresses, horizontal offsets, and similar unformed surfaces occurring adjacent to formed surfaces shall be struck smooth after concrete is placed and shall be floated to a texture consistent with that of the adjacent formed surfaces. Final treatment of formed surfaces shall continue uniformly across the unformed surfaces. 2. PAVEMENTS AND SIDEWALKS: The surfaces of the concrete shall be screeded to grade and sloped to drain. After screeding, the surface shall receive a broomed finish as specified in Lono Kona Sewer Improvements 03 30 00-12 CAST IN PLACE CONCRETE Job No. WW- paragraph 03 30 00-3.11 D. Edges and expansion joints shall be rounded to a radius of/z inch. Joints shall be grooved to a radius and depth of 1/4 inch each. 3.13 FIELD SAMPLING AND TESTS A. GENERAL Field sampling and testing shall be performed by the approved independent testing laboratory. Samples of aggregates and concrete shall be taken at random locations and at such times to represent the quality of the materials and work throughout the project. The laboratory shall provide the necessary labor, materials and facilities for sampling the aggregate and for casting, handling and storing the concrete samples at the site of work. Aggregates shall be sampled in accordance with paragraph 03 30 00- 3.13 B not less than 30 clays prior to the use of such aggregates in the work. B. SAMPLING 1. AGGREGATES a GENERAL: Fine and coarse aggregates shall be sampled in accordance with ASTM D75. Samples shall be taken at the discharge gates of the bins feeding the weigh hopper. The Contractor shall provide safe and suitable facilities for obtaining samples. Samples shall be obtained at the concrete batch plant at the frequency specified in paragraph 03 30 0- 3.13 C. Sampling shall be repeated when the source of material is changed or when unacceptable deficiencies or variations from the specified requirements of materials are found in testing. Aggregate samples shall be tagged and their sources identified. b COARSE AGGREGATE: A sample weighing between 50 and 60 pounds shall be taken after the batch plant is brought up to full operation. The samples shall be taken so that a uniform cross section, accurately representing the materials on the belt or in the bins, is obtained. c FINE AGGREGATE: Samples shall be taken as specified for coarse aggregate. The samples shall be taken for sieve analysis of fine aggregate and specific gravity tests. Samples of sand shall be taken when the sand is moist. 2. CONCRETE: Samples of plastic concrete shall be obtained in accordance with ASTM C172. Samples shall be taken at the hopper of concreting equipment or transit mix truck. C. TESTING 1. CONCRETE a) STRENGTH TESTS: The strengths specified for the design mix shall be verified by the testing laboratory during placement of the concrete. Verification shall be accomplished by testing standard cylinders of concrete samples taken at the job site. Standard cylinders shall represent the concrete placed in the forms. One set of six standard cylinders shall be cast of each class of concrete for each 100 cubic yards Lono Kona Sewer Improvements 03 30 00-13 CAST IN PLACE CONCRETE Job No. WW- or less or for each 4,000 square feet of surface area placed per day. Casting, handling and curing of cylinders shall be in accordance with ASTM C31. Additional cylinders shall be provided when an error in batching is suspected. For the first 24 hours after casting, the cylinders shall be kept moist in a storage box constructed and located so that its interior air temperature will be between 60 and 80 degrees F. At the end of 24 hours, the cylinders shall be transported to the testing laboratory. Testing of specimens for compressive strength shall be in accordance with ASTM C39. Tests shall be made at 7 and 28 days from time of casting. Two test cylinders from each group of six shall be tested at the end of 7 days and two shall be tested at the end of 28 days. The fifth and sixth cylinders shall be tested at the end of 56 days if the 28 -day strength reports below specification. A strength test shall consist of the average strength of two cylinders cast from material taken from a single load of concrete. If one cylinder in a set of two shows evidence of low strength due to improper sampling, casting, handling or curing, the result of the remaining one cylinder may be used if approved by the County's Representative. The average of any three consecutive 28 -day strength test results of the cylinders representing each class of concrete for each structure shall be equal to or greater than the specified strength and not more than 10 percent of the strength test results shall have values less than the specified 28 -day strength for the total job concrete. No individual strength test result shall be less than the specified strength by more than 500 pounds per square inch. Certified reports of the test results shall be provided directly to the County" s Representative. Test reports shall include sufficient information to identify the mix used, the stationing or location of the concrete placement, and the quantity placed. Slump, air content, temperature of concrete, and ambient temperature shall be noted. The 28 -day strength test results shall be evaluated in accordance with ACI 214. Quality control charts showing field test results shall be included with the test results for each class of concrete in each major structure. Charts shall be prepared in accordance with ACI 214. Quality control charts shall be maintained throughout the entire job and shall be available for the County's Representative's inspection at any time. If the 28 -day test results fall below the specified compressive strength for the class of concrete required for any portion of the work, adjustment in the proportions, water content, or both, shall be made as necessary at the Contractor's expense. Changes and adjustments shall be reported in writing to the County's Representative. If compressive test results indicate concrete in place may not meet structural requirements, tests shall be made to determine if the structure or portion thereof is structurally sound. Tests may include, but not be limited to, cores in accordance with ASTM C42 and any other analyses or load tests acceptable to the County's Representative. Costs of such tests shall be borne by the Contractor. Lono Kona Sewer Improvements 03 30 00-14 CAST IN PLACE CONCRETE Job No. WW- b) TESTS FOR CONSISTENCY OF CONCRETE. The slump shall be as specified when measured in accordance with ASTM C143. Samples for slump determination shall be taken from the concrete during placing. Tests shall be made at the beginning of concrete placement operation and at subsequent intervals to insure that the specification requirements are met. Slump tests shall also be performed whenever standard cylinders are cast. When high range water reducers are added, slump tests shall be taken before and after addition of high range water reducing admixtures. c) TESTS FOR TEMPERATURE: Temperature tests shall be made at frequent intervals during hot weather conditions until satisfactory temperature control is established. Whenever standard cylinders are cast, temperature tests shall be performed. D. FINAL LABORATORY REPORT A final report, prepared by the testing laboratory, shall be provided at the completion of all concreting. This report shall summarize the findings concerning concrete used in the project and provide totals of concrete used by class and structure. Final quality control charts for compressive strength tests for classes of concrete specified in each major structure shall be included. The report shall also include the concrete batch plans coefficient of variation and standard deviation results for each class of concrete as determined in accordance with ACI 214. 3.14 REPAIR OF DAMAGED CONCRETE, CRACKING A. ACCEPTANCE OF CONCRETE Completed cast -in-place concrete work shall conform to the applicable requirements of ACI 301 and the Contract Documents. Concrete work that fails to meet the requirements of ACI 301 or the Contract Documents shall be repaired as approved by the County's Representative to bring the concrete into compliance. Concrete that cannot be brought into compliance by approved repair methods will be rejected. Rejected concrete work shall be removed and replaced. Repair methods shall be in accordance with ACI standards and are subject to the approval of the County's Representative. The cost of repairs and replacement of defective concrete shall be borne by the Contractor. B. REPAIR METHODS Damaged or excessively cracked concrete, as determined by the County's Representative in their sole discretion, shall be repaired by one of the following methods as approved by the County's Representative: I Fill the joint or crack by drilling holes to the affected area, install injection ports and force epoxy into the joint under pressure. The material type shall be approved by the County's Representative. After injection and curing, ports, sealing mix and surface generally shall be cleaned and worked to match the specified finish. Lono Kona Sewer Improvements 03 30 00-15 CAST IN PLACE CONCRETE Job No. WW- 2 Fill cracks with low viscosity epoxy, applied by pouring/flooding crack zone until cracks are filled. Prepare surface and cure according to manufacturer's recommendations. At a minimum, prepare surface to result in a clean, dry surface and with no visible detrimental material in cracks to be filled. Conform to temperature limitations for epoxy to be used. Finish to match adjacent areas. 3 Cut a bevel groove 3/8 to 1/2 inch in width and depth, and caulk with sealant in accordance with manufacturer's instructions. This repair method is only to be used where expressly allowed by the County's Representative. C. METHODS, WHERE USED Repair Method I shall be used for all cracks in walls, surfaces sloped 1:1 or greater, beams, columns. slabs, overhead surfaces and generally for liquid retaining surfaces. Need for repair depends upon crack width, location, and surface conditions under service conditions. County's Representative shall determine repair need in their sole discretion. 2. Repair Method 2 may be utilized in lieu of Method I for slabs which receive a raked finish. Method 2 may also be used with County's Representative's approval for exposed trowelled and broomed finishes after review of conditions, degree of exposure to public, and proposed repair product and installation. Finish shall substantially match adjacent surfaces. Repair Method 3 shall be limited to dry -surface slabs, walls subject to less than three feet of liquid pressure, or as specifically directed by the County's Representative. Method 3 is not an equivalent repair method to Methods I or 2 which shall be considered the standards. 3.15 WATERTIGHTNESS, TESTING AND REPAIR- Not Used 3.16 CLEANUP Upon completion of the work and prior to final inspection, the Contractor shall clean all concrete surfaces. The cleaning procedures shall be as follows: After sweeping with an ordinary broom to remove the loose dirt, the surface shall be flushed with clean water. Final scrubbing by hand or machine shall follow. Floors that have curing and sealing compound shall be cleaned of loose dirt and debris by sweeping with ordinary brooms. They shall then be washed and mopped with clean water. Finally, one additional coat of the same clear curing and sealing compound shall be applied in the same manner as specified. 3.17 MEASUREMENT AND PAYMENT A. Measurement for the square yards of concrete driveway apron shall be as noted in the Bid Form. Payment for the driveway apron, shall be made at the respective unit prices bid per square yard in the Bid Form, and shall include, concrete forming, connecting to the existing driveway, and appurtenances to complete the work in place complete. Lono Kona Sewer Improvements 03 30 00-16 CAST IN PLACE CONCRETE Job No. WW- B. Measurement and payment for restoring concrete driveways within the right of way shall be made at the unit prices bid as listed in the Bid Form, and shall include all concrete forming, materials, supplies, equipment, and appurtenances to complete the work in place complete. * * END OF SECTION* Lono Kona Sewer Improvements 03 30 00-17 CAST IN PLACE CONCRETE Job No. WW- SECTION 03 60 00 GROUTING PART 1 — GENERAL A DESCRIPTION This section specifies grout for columns and other structural support bases, equipment bases, crack repair, surface repair and uses other than masonry. 1.01 QUALITY ASSURANCE A. QUALITY CONTROL BY DISTRICT Not Used. B. QUALITY CONTROL BY CONTRACTOR If a product other than those listed below is proposed and test data is not available from the supplier to demonstrate equivalence to the specified grout, then to demonstrate equivalence with the grout properties of the specified product, the Contractor shall provide the services of an independent testing laboratory which complies with the requirements of ASTM E329. The testing laboratory shall sample and test the proposed grout materials. Costs of testing laboratory services shall be borne by the Contractor. C. REFERENCES This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. Reference Title ASTM C230 Standard Specification for Flow Table for Use in Tests of Hydraulic Cement ASTM C307 Standard Test Method for Tensile Strength of Chemical -Resistant Mortar, Grouts, and Monolithic Surfacings ASTM C531 Standard Test Method for Linear Shrinkage and Coefficient of Thermal Expansion of Chemical -Resistant Mortars, Grouts, Monolithic Surfacings, and Polymer Concretes ASTM C579 Standard Test Methods for Compressive Strength of Chemical -Resistant Mortars, Grouts, Monolithic Surfacings and Polymer Concretes Lono Kona Sewer Improvements 03 60 00-1 GROUTING Job No. WW- Reference Title ASTM C882 Standard Test Method for Bond Strength of Epoxy-Resin Systems Used with Concrete by Slant Shear ASTM C942 Standard Test Method for Compressive Strength of Grouts for Preplaced-Aggregate Concrete in the Laboratory ASTM CI 107 Standard Specification for Packaged Dry, H draulic-Cement Grout Nonshrink ASTM CI 181 Standard Test Methods for Compressive Creep of Chemical-Resistant Polymer Machinery Grouts COE CRD-C611 Flow of Grout for Preplaced-Aggregate Concrete COE CRD-C621 Specification for Nonshrink Grout IBC International Building Code, 2006 edition 1.02 SUBMITTALS The following information shall be provided in accordance with Section 01 33 00: Complete product literature and installation instructions for epoxy grout (all uses) and cementitious non -shrink grout. 2 Current ICC Evaluation Report for adhesives used for dowel and anchor setting. PART 2 - PRODUCTS 2.01 CEMENTITIOUS NONSHRINK GROUT Cementitious nonshrink, nonmetallic aggregate grout shall be Five Star Products, Inc. Five Star Grout, Master Builders Masterflow 928, Burke Company Non -Ferrous, Non -Shrink Grout, Hi - Flow Grout by Euclid Chemical Company, or equal. 2.02 EPDXY GROUT FOR EQUIPMENT MOUNTING Epoxy grout for equipment mounting shall be a non-cementitious, resin based, multi-component formulation. Epoxy grout shall be flowable, with shrinkage minimized to achieve minimum 98 percent effective bearing area. Epoxy grout shall be Masterflow 648 CP Plus by Masterbuilders; Sikadur 42 by Sika Corporation; E3 -G by Euclid Chemical Company; or equal. 2.03 ADHESIVE FOR DOWEL AND ANCHOR SETTING Adhesive for setting dowels and anchoring connectionibase plate bolts in concrete shall be an injectable two -component epoxy adhesive. Adhesive shall be approved for the intended use per the product ICC Report. Adhesive shall be HIT -RE 500 -SD by Hilti or approved equal (equivalent product must have ICC approval for use in cracked concrete in areas with high seismic risk). Lono Kona Sewer Improvements 03 60 00-2 GROUTING Job No. WW- 2.04 CONCRETE REPAIR MORTAR Horizontal Applications: Horizontal repair mortars shall be Emaco S66 CI by BASF, SikaTop 111 Plus by Sika Corp, or approved equal. Vertical and Overhead Applications: Vertical and overhead repair mortars shall be SikaTop 123 Plus or approved equal. PART 3 - EXECUTION 3.01 CEMENTITIOUS NONSHRINK GROUT Nonshrink, cementitious, nonmetallic aggregate grout shall be used for all locations where the general term "non -shrink grout" is indicated on the drawings. Grout shall be placed and cured in accordance with manufacturer's instructions. Nonshrink cementitious grout shall not be used as a surface patch or topping. Nonshrink cementitious grout must be used in confined applications. 3.02 CONCRETE REPAIR MORTAR Concrete repair materials and procedures shall be submitted for review to the Project Representative and shall be accepted prior to commencement of the repair work. Follow all manufacturer's instructions, including those for minimum and maximum application thickness, surface preparation, and curing. Add aggregate as required per manufacturer's recommendations. Any deviations from the manufacturer's instructions shall be submitted for review to the Project Representative and shall be accepted prior to commencement of the work. 3.03 MEASUREMENT AND PAYMENT All work covered under this specification shall not be measured and paid for directly but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. **END OF SECTION** Lono Kona Sewer Improvements 03 60 00-3 GROUTING Job No. WW- Section 3123 00 EXCAVATION AND FILL PART I -GENERAL 1.01 DESCRIPTION This Division describes the excavation, removing, and stockpiling of unsuitable material, embankment, compaction, fill, backfill, finish grading and all other earthwork necessary for the project. 1.02 QUALITY ASSURANCE A. REFERENCES This division contains references to the following documents, the "Standard Specifications for Public Works Construction", 1986, as amended and "Standard Details for Public Works Construction", 1984, as amended. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the more stringent requirements shall prevail. 2. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids. If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, whether or not the document has been superseded by a version with a later date, discontinued or replaced. Reference Title Standard Specifications Section 13 - Structure Excavation and Backfill Section 15 - Crushed Rock Section 16 - Borrow Section 17 - Embankment Section 31 - Aggregate Base Course ASTM C33 Standard Specification for Concrete Aggregates ASTM C88 Standard Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM 01556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand -Cone Method ASTM 01557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft- lbf/ft3 (2,700 kN- m/m3 Lono Kona Sewer Improvements 31 23 00-1 EXCAVATION AND FILL Job No. WW- ASTM 01883 Standard Test Methods for (CBR) California Frequency of Tests (minimum) Bearing Ratio) of Laboratory Compacted Soils ASTM 02922 Standard Test Methods for Density of Soil and Density in-place Soil- Aggregate in Place by Nuclear Methods 1 every 200 cubic yards (Shallow Depth) ASTM 02216 Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass ASTM 03017 Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) b. TESTS 3. The Contractor will take samples and perform moisture content, compaction, and density tests during placement of fill, backfill, aggregate base course and aggregate surface course to check compliance with these specifications. The Contractor shall remove surface material and provide such assistance as necessary for sampling and testing. 4. Tests will be made by the Contractor in accordance with the Proposal Schedule and the Standard Specifications and the following: Test Standard Procedure Frequency of Tests (minimum) Moisture content ASTM D3017 1 every 200 cubic yards Density in-place ASTM D1556 1 every 200 cubic yards Moisture -density relationships ASTM D1557 1 every 200 cubic yards 1.03 SUBMITTALS A. The Contractor shall submit his proposed method and qualifications for conducting the moisture content, compaction, and density tests prior to construction, and the test results of selected soil materials to be used to the County Representative two weeks in advance of use. PART 2 - MATERIALS 2.01 EMBANKMENT, FILL, AND BACKFILL A. Embankment, fill, and backfill shall be free of organic matter, debris, and other deleterious substances. Onsite material may be reused in structural fills and backfills, provided all rock fragments larger than 3 inches in maximum dimension are removed prior to reuse. Excavated basalt will be acceptable for reuse in fill and backfill provided the material is crushed to a well - graded consistency with all fragments larger than 3 inches in maximum dimension removed. b. Any imported embankment, fill, and backfill materials shall be well -graded, non - expansive granular material. Specifications for imported granular structural embankment, fill, and backfill should indicate a maximum particle size of 3 inches, and state that between 8 and 20 percent of soil by weight shall pass the 9200 sieve. In Lono Kona Sewer Improvements 31 23 00-2 EXCAVATION AND FILL Job No. WW- addition, the plasticity index (P.I.) of that portion of the 940 sieve shall not be greater than 10. Imported fill should have a CBR expansion value no greater than 1.0 percent and a minimum CBR value of 15 percent, when tested in accordance with ASTM D 1883. The imported materials are such as crusher run, select borrow, or equal. The selected soil material shall be stockpiled, mixed, and moisture -conditioned prior to placement. The soil shall be conditioned to the required moisture content, for a minimum period of 24 hours prior to placement. No stockpiled soils shall be placed until reviewed by the Engineer. 2.02 UNSUITABLE MATERIAL A. Unsuitable material is native material that does not meet the specification requirements described herein for embankment, fill, and backfill. 2.03 AGGREGATE BASE COURSE A. Aggregate base course shall conform to the requirements of Section 31.2 of the Standard Specifications and shall be furnished in accordance with the gradation requirements for aggregate base course with a 3/4 inch maximum size. 2.04 AGGREGATE SURFACE COURSE A. Aggregate surface course shall conform to the requirements of Section 31.2 of the Standard Specifications and shall be furnished in accordance with the gradation requirements for aggregate base course with 1 �/z inch maximum size. 2.05 CRUSHED ROCK A. Crushed rock shall be 93 coarse or 93 fine as specified. Where not specified, crushed rock shall be 93 fine. Crushed rock 93 coarse shall conform with ASTM C33 Gradation No. 5. Crushed rock 93 fine shall conform with ASTM C33 Gradation No. 67. b. Weight loss of crushed rock in five cycles shall not be more than ten percent (10%) when sodium sulfate is used or more than fifteen percent (15%) when magnesium sulfate is used. Soundness shall be determined in accordance with ASTM C88. Crushed rock that fails to meet the requirements of the parameters shown above may be accepted if the similar crushed rock from the same source has been demonstrated to be sound after five years or more of service under conditions or weather, wetting, drying and erosive forces similar to those conditions anticipated at the site. PART 3 - EXECUTION 3.01 GENERAL A. WEATHER LIMITATIONS Lono Kona Sewer Improvements 31 23 00-3 EXCAVATION AND FILL Job No. WW- Construct only when the weather conditions will not detrimentally affect the quality of the finished work. Any portion of excavations or embankments that are damaged by the effects of rain, wind, or other weather conditions during any phase of the construction shall be aerated if excessively wet, moistened if excessively dry, and reshaped and recompacted by the Contractor to conform to the requirements of the specifications, without additional cost. B. BORROW MATERIAL If the quantity of acceptable material from excavation is not sufficient to construct the embankments required by the work, the quantity of material needed to complete the embankments shall be obtained from the on-site stockpile. Borrow material shall conform to specified requirements. C. HAULING When hauling is done over highways or County streets, the loads shall be trimmed and the vehicle shelf areas shall be cleaned after each loading. The loads shall be covered. D. SURFACE FINISH Blading and rolling shall continue until the surface is smooth, free from waves and irregularities, and in conformance with the elevations shown on the Plans. If, at any time, the material is excessively wet, it shall be aerated by means of blade graders, harrows, or other suitable equipment until the moisture content is satisfactory. The surface shall then be compacted and finished as specified above. The area shall be graded to the finish ground shown on the plans. Surfaces of areas to receive ground covers shall be finished smooth. Remove weeds, debris, and stones larger than 3 inches in size. Pushing embankment materials down the slope is prohibited. E. SURFACE TOLERANCE Grade surface to a tolerance of plus or minus 0.1 foot. F. OVERBUILDING All fill slopes shall be overbuilt by 2 feet perpendicular to the slope and trimmed back to expose firm, compacted material at the desired finished grade shown on the Plans. G. COMPACTION Granular embankment, structural fill, and backfill shall be placed in horizontal lifts restricted to 8 inches in loose thickness and compacted to a minimum 95 percent compaction as determined by ASTM D 1557. The aggregate base courses and aggregate surface course shall be compacted to a minimum 95 percent compaction. Fill placed in areas which slope steeper than 5H: IV should be continually benched as the fill is brought up in lifts. Fill placed on slopes should be keyed and benched into the Lono Kona Sewer Improvements 31 23 00-4 EXCAVATION AND FILL Job No. WW- existing slope to provide stability for the new fill against sliding. Filling the slope with sliver fills is not permitted. H. CONTROL OF WATER The Contractor shall keep excavations reasonably free from water during construction. Disposal of water shall not damage property or create a public nuisance. The Contractor shall have on hand pumping equipment and machinery in good working condition for emergencies and shall have workmen available for its operation. Groundwater shall be controlled to prevent softening of the bottom of excavations, or formation of "quick" conditions. Dewatering systems shall not remove natural soils. The Contractor shall control surface runoff to prevent entry or collection of water in excavations. L CONTROL OF EROSION The Contractor shall maintain earthwork surfaces true and smooth and protected from erosion. Where erosion occurs, the Contractor shall provide fill or shall excavate as necessary to return earthwork surfaces to the grade and finish specified. J. PERMITS The Contractor shall be responsible for obtaining and paying for any permits required for clearing, grubbing, grading, and stockpiling. K. RESTORATION All disturbed work, including grassing, plantings, and pavements, shall be restored to their original condition or better. Replacement materials shall be subject to the approval of the County. All remaining work that will be exposed shall have all damaged, unfinished areas, or defects caused by the removal and preparatory work completely repaired, patched or filled in as required to match the adjoining existing surfaces. Where the method of repair work is not indicated or specified, the Contractor shall perform the repair work in accordance with the best recognized workmanlike procedure for the area and the surrounding construction involved. 3.02 FILL AND BACKFILL REQUIREMENTS Fill and backfill materials shall be placed in horizontal layers and compacted with power operated tampers, rollers, idlers, or vibratory equipment. Prior to backfilling of ruts, all debris and soft or loose material shall be. removed down to competent material. Fill requirements shall follow the requirements set forth in Paragraphs 31 00 00-3.03 to 3.07. 3.03 EXCAVATION All foundation and concrete slab -on -grade excavations encountering unsuitable material shall be over excavated to a minimum depth of 24 inches below the bottom of foundations and slabs -on - grade. The over excavations shall also extend a minimum 12 inches beyond the edge of Lono Kona Sewer Improvements 31 23 00-5 EXCAVATION AND FILL Job No. WW- foundations. The over excavations shall be backfilled with imported granular fill, placed in lifts and compacted to a minimum 95 percent compaction as determined by ASTM D1557. Temporary cuts should be stable at gradients of 21-1: IV or flatter. Permanent cut and fill slopes may be designed for gradients of 21-1: IV or flatter. The Contractor shall inform and satisfy himself in regard to the character, quantity, and distribution of all material to be excavated. Should the Contractor excavate below the designated lines and grades without prior permission, he shall replace such excavation with suitable materials, in a satisfactory manner and condition at his own expense. The Contractor shall perform all unclassified excavation of every description, regardless of the type, nature, or condition of material encountered within the limit of the project to the lines and grades indicated on the Plans. All suitable excavated materials shall be transported to, and stockpiled or placed in the fill areas within the limits of the work, except as otherwise provided. Equipment shall be routed to preclude subgrade damage. Where damage to subgrade has occurred as evidenced by distortion of surface, rutting, or appearance at the surface of underlying undesiccated soils, the Contractor shall perform subgrade repair at no additional cost to the County. A condition of excessive moisture will require that operations be temporarily suspended until drying weather permits use of the material, or the materials are drained or aerated to optimum moisture content. All excess excavated material shall be stockpiled by the Contractor within the contract limits. The Contractor shall make his own evaluation to select an exact location of the stockpiling area. Unless otherwise specified, unsuitably excavated materials shall be disposed of off-site in accordance with applicable ordinances and environmental requirements. Excess excavation materials shall be reused if applicable. All excavated site soil shall be reused in the work, backfilled at the allowable area, or placed on the onsite stockpile as directed by the Engineer. If the quantity of surplus material specified, the quantity specified is approximate. The Contractor shall satisfy himself that there is sufficient material available for the completion of the fills, backfills, and embankments before disposing of any material inside or outside the site. Shortage of material, caused by premature disposal of any material by the Contractor, shall be replaced by the Contractor. Material shall not be stockpiled to a depth greater than 5 feet above finished grade within 25 feet of any excavation or structure except for those areas designated to be pre consolidated. For these areas, the depth of stockpiled material shall be as specified. The Contractor shall maintain stability of the soil adjacent to any excavation. Explosives shall not be used for excavation work. Lono Kona Sewer Improvements 31 23 00-6 EXCAVATION AND FILL Job No. WW- 3.04 TRENCH EXCAVATION AND BACKFILL The bottom of the trench shall be carried to the specified lines and grades with proper allowance for pipe thickness and for bedding as specified on the Plans. The Contractor shall not proceed with backfill placement in excavated areas until the subgrade has been inspected by the County Representative. All pipes shall have a minimum thickness of bedding material below the barrel of the pipe as specified on the Plans. Bedding material shall be placed in the bottom of the trench, leveled, and compacted. Bell holes shall be excavated at each pipe joint to permit proper inspection and uniform bearing of pipe on bedding material. After the pipe has been laid to alignment and grade, unless otherwise specified, additional bedding material shall be placed in layers the full width of the trench and compacted up to the specified level. Bedding shall be placed simultaneously on both sides of the pipe, keeping the level of backfill the same on each side. The material shall be carefully placed and compacted around the pipe to ensure that the pipe barrel is completely supported and that no voids or uncompacted areas are left beneath the pipe. Contractor shall use particular care in placing material on the underside of the pipe to prevent lateral movement during backfilling. The trench shall be backfilled to an elevation which will permit the placement of the specified surface or paving. Other surfaces shall be restored, including compaction, to the condition existing prior to construction. 3.05 SUBGRADE A. SUBGRADE COMPACTION Soft or loose soils that do not compact readily after six passes with a 15 ton, steel -wheeled roller shall be removed. The removed soil shall be disposed of at a disposal site approved by the Engineer. The Contractor shall maintain proper moisture conditions at all times during placement of selected earth materials. The Contractor shall protect the earth materials from surface drying and prevent desiccation cracks from forming. The Contractor shall anticipate periodic wetting of the surface to maintain moisture. Areas that become disturbed or dried shall be reconditioned and recompacted, or removed, to the Engineer's satisfaction, including scarification to the full depth of desiccation cracks. Immediately prior to placement of aggregate materials onto existing subgrade, the exposed subgrade shall be thoroughly moistened, scarified to a depth of 6 inches, and then compacted to at least 90 percent relative compaction as determined by ASTM D 1557, or to a minimum 100 percent of the maximum wet density determined for the soil at its insitu moisture content, using ASTM D1557 procedures. B. REPAIR OF SUBGRADE Settlement or washing that may occur from the action of the elements or any other cause, prior to acceptance of the work, shall be repaired, and grades reestablished to the elevations and slopes shown on the Plans without additional cost. Lono Kona Sewer Improvements 31 23 00-7 EXCAVATION AND FILL Job No. WW- 3.06 EMBANKMENT A. FOUNDATION PREPARATION The surface of the foundation shall not contain standing water and shall be free of loose material, foreign objects, and rocks. If the foundation surface is damaged, the Contractor shall repair the surface to the specified condition. In any areas where materials become soft or yielding, such materials shall be removed, disposed of, and replaced with specified material. The surface of the embankment shall be maintained to permit travel of construction equipment. B. EMBANKMENT FILL Use suitable excavated or borrow material in the construction of embankments. Rocks larger than 3 inch diameter, broken concrete, or other solid materials shall not be placed in embankment areas. Unless otherwise specified, the embankment shall be raised to form an approximately horizontal plane extending transversely to the final slopes. The embankment shall be crowned at all times during construction so that water will drain readily off the embankment. Finish embankment slopes as shown in the contract documents, to approximate lines and grades established and such that slopes contain no unsightly or undue irregularities. Maintain stability of constructed embankments until final acceptance of the contract documents. Maintain embankments to grade and cross section shown in the contract documents. Replace portions that become displaced or damaged prior to acceptance at no increase in contract price or time. PART 4 — MEASUREMENT AND PAYMENT 4.01 TRENCH EXCAVATION AND BACKFILL All work covered under this specification shall not be measured and paid for directly but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. **END OF SECTION** Lono Kona Sewer Improvements 31 23 00-8 EXCAVATION AND FILL Job No. WW- SECTION 3123 23.33 CONTROLLED LOW STRENGTH MATERIAL (CLSM) FOR UTILITIES AND STRUCTURES PART 1 — GENERAL 1.01 DESCRIPTION A, This section describes furnishing and placing CLSM as self -compacted backfill material in utility trenches and other works in lieu of compacted fill, or where indicated in the Contract Documents or accepted by the Engineer. PART 2 - PRODUCTS 2.01 MATERIALS Materials shall conform to the Standard Specifications for Public Works Construction, Department of Public Works, County of Hawaii, 1986, as amended. Pertinent sections of the Standard Specifications are listed in the following table. Portland Cement Section 39.2.A Fine Aggregate for Concrete Section 39.2.13 Water Section 39.2.0 Aggregates that are different than those specified in Subsection 39.2.13.1) - Fine Aggregate may be used, subject to acceptance by the Engineer. CLSM shall include a mixture of Portland cement, aggregate, and water. Provide flowable CLSM with aggregate in suspension. Proportion CLSM to produce the following: A. Backfill material that is self -compacting and able to be excavated, in the future, with conventional excavation equipment. B. Uniform, flowable mixture that is self -leveling when placed. C. 28 -day compressive strength between 50 psi to 150 psi. PART 3 - EXECUTION 3.01 PLACEMENT Check trench sides and bottom for cracks, voids, or other defects that may cause CLSM to escape trench. Plug or repair as necessary. Do not place CLSM until the Engineer has been notified and has been given an opportunity to observe trench. The Contractor shall furnish the Engineer information, assistance, and provide appropriate safeguards and equipment to allow the observation to be made. 2 Secure pipes and culverts within backfill area with straps, soil anchors, or other means to restrain pipes and culverts at grades indicated in the Contract Documents. Submit proposed restraint method. Lono Kona Sewer Improvements 3123 23.33-1 CONTROLLED LOW -STRENGTH MATERIAL Job No. WW- Place CLSM by chutes or pumps. Place CLSM around manholes and in utility trenches in a manner to prevent floating conduits due to fluid pressure from CLSM. 4. Place CLSM to fill line indicated in the Contract Documents, without vibration or other means of compaction. Provide sufficient supply to allow CLSM lifts to be placed without interruption. 5. In pavement trenches, limit fill so top of CLSM will not be higher than bottom of aggregate base course or drainage layer. Fill voids completely with CLSM during backfill operation. 6. Backfill trench in accordance with Section 3123 00 Excavation and Fill. If aggregate base course or drainage layer exists, reconstruct aggregate base course or drainage layer in accordance with Section 32 12 16 Asphalt Paving and the Contract Documents. Protect CLSM and backfill material from traffic during period before restoration of pavement section. 9. Application of curing compounds or curing methods to CLSM will not be required. 3.02 MEASUREMENT A. CLSM used to backfill utility trenches shall not be measured separately but shall be included in the measurement for trench excavation and backfill. , Measurement for payment of backfilling of lava tubes shall be per unit cost as noted in the Bid Form and shall include all appurtenances and incidentals. 3.03 PAYMENT A. CLSM used to backfill utility trenches will not be paid for separately and shall be included in the unit prices bid for trench excavation and backfill as listed in the Bid Form and shall include all labor, materials, supplies, equipment, and incidentals to complete the work in place complete. Payment for CLSM shall be made on a force account basis for backfilling of lava tubes encountered while trenching for the sewer line. Such payment shall be full compensation for furnishing all design, materials, tools, equipment, labor, and incidentals, as specified in this specification. * * END OF SECTION* Lono Kona Sewer Improvements 3123 23.33-2 CONTROLLED LOW -STRENGTH MATERIAL Job No. WW- SECTION 32 12 16 ASPHALT CONCRETE PAVEMENT PART 1 - GENERAL 1.01 DESCRIPTION This section shall consist of furnishing and installing the asphaltic concrete pavement. The installation shall be in accordance with the depth and location shown on the Plans. 1.02 QUALITY ASSURANCE A, REFERENCES This section contains references to the following documents, the "Standard Specifications for Public Works Construction," 1986, as amended and "Standard Details for Public Works Construction," 1984, as amended. These documents are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the more stringent requirements shall prevail. 2 Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid. If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued, or replaced. Reference Title Standard Specifications Section 30 — Select Borrow for Subbase Course Standard Specifications Section 31 —Aggregate Base Course Standard Specifications Section 33 — Asphalt Surface Treatment Standard Specifications Section 34 — Asphalt Concrete Pavement ASTM D1557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3)) B. TESTING 1 Testing will be conducted every 400 square yards by a third party inspection firm under the Contractor to determine compliance with the specified degree of compaction and moisture content. A certified copy of the test results shall be provided to the County representative for review and comment. Lono Kona Sewer Improvements 32 12 16-1 ASPHALT CONCRETE PAVEMENT Job No. WW- 1.03 SUBMITTALS A. The Contractor shall submit for approval, a job -mix formula for the asphalt concrete mixture to be applied to the Project to the County representative two weeks in advance of use. PART 2 - PRODUCTS 2.01 ASPHALTIC CONCRETE PAVMENT A. Asphaltic concrete pavement and prime coat shall be in accordance with Sections 34 and 33, respectively, of the 1986 Standard Specifications for Public Works Construction, Department of Public Works, County of Hawaii. Design mix shall be as identified on the Plans. 2.02 AGGREGATE BASE COURSE A. Aggregate base course materials shall meet the requirements of Section 31 of the 1986 Standard Specifications for Public Works Construction, Department of Public Works, County of Hawaii. 2.03 SUBBASE COURSE B. Subbase course materials shall meet the requirements of Section 30 of the 1986 Standard Specifications for Public Works Construction, Department of Public Works, County of Hawaii. PART 3 - EXECUTION 3.01 GENERAL A. Construction shall conform to the details, dimensions, and grades specified. 3.02 AGGREGATE BASE COURSE PLACEMENT A. AGGREGATE BASE COURSE I Relative compaction shall be a minimum of 95 percent as determined using methods set forth in ASTM D1557. 3.03 SUBBASE COURSE PLACEMENT I Relative compaction shall be a minimum of 95 percent as determined using methods set forth in ASTM D1557. 3.04 ASPHALT CONCRETE PAVEMENT A. ASPHALT CONCRETE I Placement of asphalt concrete pavement shall comply with Section 34 of the 1986 Standard Specifications for Public Works Construction, Department of Public Works, County of Hawaii. B. PRIME COAT Lono Kona Sewer Improvements 32 12 16-2 ASPHALT CONCRETE PAVEMENT Job No. WW- I A prime coat shall be applied to all surfaces on which asphalt concrete will be placed and where specified at the approximate rate of 0.35 gallons per square yard. Application shall comply with Section 33 of the 1986 Standard Specifications for Public Works Construction, Department of Public Works, County of Hawaii. Application of the prime coat shall not cause a slip or weakened plane between the two joined surfaces. 3.05 MEASUREMENT AND PAYMENT A. Asphalt concrete pavement shall be measured and paid for at the unit prices bid as listed in the Bid Form and shall include all labor, materials, supplies, equipment, testing, surface treatment (prime coat), and subbase course to complete the work in place complete. B. Aggregate base course shall be measured and paid for at the unit prices bid as listed in the Bid Form and shall include all labor, materials, supplies, and equipment to complete the work in place complete. C. Subbase course shall not be measured and paid for directly but shall be included in the unit prices bid for aggregate base course as listed in the Bid Form. D. Asphalt concrete pavement for temporary patching shall not be measured and paid for directly but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. ***END OF SECTION*** Lono Kona Sewer Improvements 32 12 16-3 ASPHALT CONCRETE PAVEMENT Job No. WW- SECTION 33 01 30.11 TELEVISION INSPECTION OF SEWERS PART 1 - GENERAL 1.01 DESCRIPTION A An existing dry sewer line shall be internally inspected by insertion of a closed-circuit television (CCTV) camera where indicated in the Plans, which records colored imagery, into the sewer line for the purpose of remote visual inspection to determine the condition of the pipe and joints, the location and extent of any breaks or obstructions, the degree of any infiltration, and presence of abnormal line and grade conditions. B Pre -rehabilitation inspection of sewer main lines and laterals to be rehabilitated shall be required after the sewer line cleaning has been completed, as per Section 33 0130-41 Cleaning of Sewers. This pre -rehabilitation inspection shall document the conditions of the existing sewer lines and verify that prior cleaning has been performed as required by the Contract Documents. Upon completion of the CIPP lining repair work, a post -rehabilitation CCTV inspection shall also be performed to verify that rehabilitation has been satisfactorily performed and manhole connection openings satisfactorily reinstated. Both pre -rehabilitation and post -rehabilitation video inspections shall utilize digital video on digital video Disc (DVD) as the primary source of documentation, with secondary field logs and written reports also being submitted to the County. C The existing sewer is a dry and no sewer flow bypass is required. 1.02 REFERENCES NASSCO Pipe Condition Assessment Using CCTV Performance Specification Guideline, October 2014 1.03 SUBMITTALS A The Contractor shall submit to the County for approval the following within 14 calendar days after the Notice to Proceed: Sample Video for Quality Assurance The Contractor shall furnish the County with a video recording of actual prior sewer line inspection performed by the Contractor on another recent project which meets these job specifications and, upon approval, use this video recording throughout the Project as a standard which the Contractor's video picture quality must meet. This video recording shall become the property of the County. 2 Work Procedure a. The Contractor shall have a documented, in place safety program which meets or exceeds all Federal and State OSHA regulations, with emphasis on hazard -free operations in confined spaces. Lono Kona Sewer Improvements 33 0130.11-1 TELEVISION INSPECTION OF SEWERS Job No. WW- b. Submit a description of the setup and work procedure to be followed to accomplish the work and the necessary equipment to be used for approval prior to start of CCTV inspection work. Installer Qualification The Contractor shall have successfully completed five National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP) CCTVinspection projects each of 10,000 linear feet or more. Documentation shallinclude copies of inspection videotapes and reports of prior successfully completed television inspection projects. The Contractor shall utilize NASSCO PACP-certified personnel to perform the CCTV inspection. The Contractor shall provide current documentation acknowledging PACP certification. The Contractor shall have as aminimum three (3)years of experience in CCTV sewer inspection. PART 2 - PRODUCTS 2.01 DOCUMENTATION A. Video Recordings Documentation shall consist of electronic video files in DVD quality, color video in MPEG 2 format or better, log sheets, and written reports utilizing NASSCO PACP coding standards separately detailing the pre -rehabilitation and post -rehabilitation conditions of the sewer lines, pipe grade, pipe joints, lateral connections, manholes, plastic linings, and manhole connections. The reports shall note the time and date of video inspection, sewer main, upstream and downstream manhole, direction of view, direction of flow, surface material, pipeline length, pipe section length, pipe size, pipe material, video disc number, counter number, and a detailed logging of defects encountered. A map shall be provided in the report showing the sewer line with manholes clearlylabeled. 2 Television Inspection Forms (PACP Standard). Computer-generated location records shall be kept by the Contractor, which clearly show points of significance in relation to an adjacent manhole. Points of significance such as locations of laterals, infiltration, unusual conditions, roots, side main connections, broken pipe sections, presence of scaling and corrosion, pipe grade deficiencies, and other discernable features shall also be recorded and a hardcopy and softcopy (in Adobe® portable document format) of such records shall be submitted to the County. Number of hardcopies shall comply with Section 01 33 00 Submittal Procedures. The content and format of the television inspection forms shall comply with NASSCO PACP standards and guidelines. 3 Video Recordings The purpose of video recordings shall be to supply a visual and audio baseline record of all sewer lines in the Project area. Video recording playback shall be at the same speed that the video was recorded at. Slow motion and/or stop motion playback features may be supplied at the option of Lono Kona Sewer Improvements 33 0130.11-2 TELEVISION INSPECTION OF SEWERS Job No. WW- the Contractor. The Contractor shall have all video and necessary playback equipment readily available for review by the County throughout the contract. Recordings shall be taken and narrated by the operating technician during all phases of inspection and the work and shall be submitted in PipeTech® format and capable of replay on a computer with a DVD reader and Windows Media Player. All original DVD's of the video inspections shall be submitted to the County upon completion of the video inspections. Two copies of the DVD quality, MPEG-2 (orbetter) color video files shall be submitted to the County upon completion of the CCTV inspections. The DVDs shall be packaged in plastic cases for handling. B. Photographs Digital photographs of the television picture of pipeline problems or unusual conditions found shall be taken by the Contractor upon request by the Officer -in -Charge. The Contractor shall record, on still photograph, sources and potential sources of infiltration/inflow, structural defects, and abnormal conditions for subsequent review. 2.02 EQUIPMENT Equipment used in the work of this section shall be produced by manufacturers regularly engaged in the manufacture of equipment specifically designed for sewer line inspection. CCTV equipment shall include television cameras, television monitor, cables, power sources, and other equipment. The remote -reading footage counter shall be accurate to less than 1% error over the length of the section of sewer line being inspected. Telephones, radios, or other suitable means of communication shall be set up to ensure that adequate communication exists between members of the CCTV crew. The CCTV inspection system to be utilized for this contract shall be approved by the Officer -in -Charge prior to the work being performed. The video camera shall be mounted on askid or transporter based on the existing conditions of the sewer line to be televised. The camera and the skid or transporter system shall be furnished with emergency pullback cables of sufficient strength for all retrieving situations. Cameras shall be ofthe "articulating head" type to allow laterals, pipejoints, and pipeline defects to be viewed directly. The inspection will be done in one manhole section at a time, and the section being inspected shall be suitably isolated from the remainder of the sewer line system and incoming sewer flows as required or as directed by the Officer -in- Charge. The television camera used for the inspection shall be of color format and specifically designed and constructed for such sewer line inspections. The camera shall be operative in 100% humidity and underwater conditions. Lighting for the camera shall provide minimal relative glare. Lighting and camera quality shall be suitable to allow a clear, in -focus picture of a minimum of six (6) linear feet of the entire inside periphery of the sewer pipe. The camera shall have a minimum resolution capability of 350 lines. To ensure peak picture quality throughout all conditions encountered during the video survey, a variable intensity control of camera lighting and remote -control adjustments for focus shall be located at the monitoring station. Focal distance shall be adjustable through a range from 6 inches to infinity. Camera monitors shall be located within a temperature -controlled studio which will allow seating for viewing by two County personnel in addition to the Contractor's operating technician. There shall be available within the studio two or more viewing monitors operating Lono Kona Sewer Improvements 33 0130.11-3 TELEVISION INSPECTION OF SEWERS Job No. WW- simultaneously and have a proper size to allow all persons in the studio to have a satisfactory and comfortable view of the video presentation. Monitors shall have aresolution capability of no less than 650 lines. Continuously displayed on the monitors as part of the video presentation shall be the date of the survey, number designation of the manhole section being surveyed, and a continuous forward and reverse readout of the camera distances from the manhole of reference. Video equipment independent from the equipment used for monitoring of sewer line television inspections shall be made available to County personnel for viewing of video in the field. The video equipment may be mounted in the same truck as with the sewer line television inspection equipment, located in the Contractor's field office, or located at a nearby site approved by the Officer -in -Charge. The audio portion of the composite signal shall be sufficiently free from electrical interference and background noise to provide complete intelligibility of the oral report. Audio reports shall be recorded by the operating technician on the video DVDs as they are being produced and shall include the location of the sewer, the names or numbers of the manholes involved, a manhole -to - manhole direction of travel, and a description of the conditions in the sewer line as they are encountered. The video recording and the monitoring equipment shall have the capability to instantly review both video and audio quality of the DVD productions always during the television survey. The purpose of video recording shall be to supply a permanent visual and audio record of the pipe section surveyed. The Contractor shall have available on-site transmitters, which can be attached to the internal television camera and can transmit a signal from up to 16 feet in depth to an aboveground receiver. Variable -speed, powered, remote-controlled winches shall be furnished for upstream and downstream manhole locations to control two-way movement of the camera. Footage meter for recording the location of defects shall be used. PART 3 - EXECUTION 3.01 INSPECTION A. Remote control, manual winches, power winches, TV cables, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the sewer line and manhole conditions shall be used to move the camera. The travel speed of the camera shall be uniform and shall not exceed 20 feet per minute (fpm). Any means of propelling the camera through the sewer, which exceeds a speed of 20 fpm or produces a nonuniform or jerky movement will not be acceptable. At no time shall the hose of high velocity water cleaning machine substitute for a tow cable. Devices using elastic tow cables shall not be used. At the Contractor's discretion or at the discretion of the County, the camera shall be stopped and/or backed up to view and analyze in detail the conditions that appear unusual or uncommon to a good, sound sewer line. The operating technician shall always be able to move the camera through the line in either direction without loss of quality in the video presentation on the monitor or accuracy in footage measurement. The picture shall provide aclear, stable image of the resolutions specified. B. Still photographs shall be taken at the request of the County or the discretion of the operating technician to record conditions of interest during the survey. C. No open manholes shall be left unattended during the Contractor's operations. Lono Kona Sewer Improvements 33 0130.11-4 TELEVISION INSPECTION OF SEWERS Job No. WW- 3.02 RECORDING Before DVDs and reports are turned over to the County, they shall be reviewed by aprofessional who has a minimum of one year documented experience in evaluating and prioritizing problems in pipe systems as aNASSCO PACP-certified evaluator. 3.03 MEASUREMENT AND PAYMENT All work covered under this specification shall not be measured and paid for separately but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. This payment shall include full compensation for all mobilization/demobilization, labor, materials, supplies, equipment, tools, deliverables and incidentals for all work covered by this section. **END SECTION** Lono Kona Sewer Improvements 33 0130.11-5 TELEVISION INSPECTION OF SEWERS Job No. WW- SECTION 33 01 30.41 CLEANING OF SEWERS PART 1 - GENERAL 1.02 GENERAL REQUIREMENTS A. Cleaning of existing sewers shall involve the removal of debris, which is defined as all solid or semi-solid materials, including fine and granular material, such as sand grit, gravel, and rock as well as bricks, grease, oil, sludge, slime, tuberculation, scale deposits, or any other material encountered within the pipe. The sewer shall be adequately cleaned to allow viewing of the entire pipe interior surface to reveal defects, cracks, corrosion, and any other damage to define the condition of the sewer. B. The work covered by this specification shall consist of furnishing all labor, materials, equipment, and supervision to perform all work necessary to clean the designated sewers to be rehabilitated and other new or existing sewers as required. C. All work will be performed by experienced personnel using equipment and materials which meet the requirements hereinafter specified. The Contractor shall obtain a fire hydrant use permit from the water utility company prior to any use of water from a fire hydrant. The Contractor shall obtain all necessary permits required for the proper disposal of debris and other materials resulting from the cleaning work. 1.03 SUBMITTALS A. Work Procedure Submit for review a description of the procedures to be followed to accomplish the work and the necessary equipment to be used. Submit documentation of permission for disposal of solids and liquids. Submittal shall be made thirty (30) calendar days prior to initiating the work. B. Records Maintain printed records of all cleaning performed, including the manhole number or identification, cleaning method(s) used, special remarks and observations, and other pertinent data. These records shall be available to the County for inspection during the performance of work and shall become the property of the County after completion of the Project. C Safety Program and Experience The Contractor shall have a documented in-place safety program which meets or exceeds all Federal Occupational Safety and Health Administration (OSHA) regulations and State of Hawaii Occupational Safety and Health (HIOSH) regulations, with special emphasis on hazard -free work in confined spaces and sewage environment. Additionally, the Contractor shall have successfully performed a minimum of 10,000 linear feet of cleaning of sewer lines of 8 -inch or larger diameter. The Contractor shall Lono Kona Sewer Improvements 33 0130.41-1 CLEANING OF SEWERS Job No. WW- submit documentation of his meeting this minimum requirement within fourteen (14) calendar days of the Notice to Proceed date. 1.04 EQUIPMENT All designated sewers shall be cleaned using vacuum and/or high -velocity sewer cleaning equipment as specified herein, and the selection of equipment to be used shall be based on the condition of the sewers at the time the work commences. The equipment and the methods selected for cleaning shall be capable of removing all dirt, sand, grease, rocks, roots, and other deleterious materials from the sewers. All sewer cleaning equipment shall be used in a manner to ensure that all dirt, mud, sand, grease, roots, and other fine materials have been removed. Satisfactory precautions shall be taken to protect the sewer lines and manholes from damage that might be inflicted using the cleaning equipment. When additional quantities of water from nearby fire hydrants are necessary to avoid delays in the normal working procedure and use of such quantities of water have been approved by the water utility company, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed at any time. All sludge, dirt, rocks, sand, grease, roots, and other solid or semi-solid materials resulting from all types of cleaning operations shall be trapped and removed at the downstream manhole of the section being cleaned. Passing materials from manhole section to manhole section shall not be permitted. All solid or semi-solid materials resulting from the cleaning operations shall be removed from the Project area and properly disposed of by the Contractor. An appropriate disposal site shall be arranged for by the Contractor and approved by the County. All permits required for the proper transportation and disposal of the materials shall be the sole responsibility of the Contractor. A. Vacuum Removal/Cleaning Equipment This equipment shall be truck mounted for ease of operation and designed to use air movement for cleaning and vacuuming of materials in the sewer pipe and manholes. The equipment shall be capable of removal of materials 500 feet from the operating manhole. The equipment used shall have the capability of moving a minimum of 8,500 cubic feet per minute (cfm). B. High -Velocity Hydrocleaning Equipment All high -velocity sewer cleaning equipment shall be truck mounted for ease of operation. The equipment shall have a minimum of 500 feet of one -inch inside diameter high- pressure hose with a selection of four or more cleaning nozzles. The equipment shall have a minimum capacity of 60 gallons per minute (gpm) and a working pressure of 1,200 pounds per square inch (psi). The equipment shall also include a high -velocity gun for washing and scouring manhole walls and floors. The equipment shall carry its own 1,200 -gallon water tanks capable of holding corrosive or caustic cleaning or sanitizing chemicals, auxiliary engines, pumps and a hydraulically - driven hose reel. Any proposed cleaning chemicals shall first be approved for use by the County Department of Environmental Management. Lono Kona Sewer Improvements 33 0130.41-2 CLEANING OF SEWERS Job No. WW- All controls shall be located so that the equipment can be operated from aboveground with minimal interference to existing traffic and/or danger to the operator. Manhole and hose guides shall be used to protect the hose from wear and to lead the hose around buildings, trees, stationary equipment, etc. PART 2 — PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 METHODOLOGY A. Materials resulting from the cleaning operations shall be trapped and removed from the downstream manhole of the manhole section being cleaned. No materials shall be allowed to continue through the downstream manhole into an adjacent manhole section at any time. The Contractor shall be responsible for properly disposing of all materials removed. Under no circumstances shall sewage or solids be dumped onto streets or into streams, ditches, catch basins, storm drains, or the ocean. B. Where hydraulically -propelled cleaning tools are utilized, precautions shall be taken to ensure that the water pressure created does not cause damage or flooding to public or private property. C. The sewers shall be cleaned to a degree of cleanliness as specified and as necessary for rehabilitation work and application of protective coatings. D. Damage to private property, sewer pipes, sewers, and appurtenance caused by the Contractor's work shall be repaired by the Contractor at no additional cost to the County. 3.02 MEASUREMENT AND PAYMENT All work covered under this specification shall not be measured and paid for directly but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. **END SECTION** Lono Kona Sewer Improvements 33 0130.41-3 CLEANING OF SEWERS Job No. WW- SECTION 33 01 30.42 CLEANING OF MANHOLES PART 1 - GENERAL 1.02 GENERAL REQUIREMENTS A. Cleaning of existing manholes shall involve the removal of debris, which is defined as all solid or semi-solid materials, including fine and granular material, such as sand grit, gravel, and rock as well as bricks, grease, oil, sludge, slime, tuberculation, scale deposits, or any other material encountered within the manhole. The manhole shall be adequately cleaned to allow viewing of the entire manhole to reveal defects, cracks, corrosion, and any other damage to define the condition of the manhole. B. The work covered by this specification shall consist of furnishing all labor, materials, equipment, and supervision to perform all work necessary to clean the designated manholes to be rehabilitated and other new or existing manholes as required. C. All work will be performed by experienced personnel using equipment and materials which meet the requirements hereinafter specified. The Contractor shall obtain a fire hydrant use permit from the water utility company prior to any use of water from a fire hydrant. The Contractor shall obtain all necessary permits required for the proper disposal of debris and other materials resulting from the cleaning work. 1.03 SUBMITTALS A. Work Procedure Submit for review a description of the procedures to be followed to accomplish the work and the necessary equipment to be used. Submit documentation of permission for disposal of solids and liquids. Submittal shall be made thirty (30) calendar days prior to initiating the work. B. Records Maintain printed records of all cleaning performed, including the manhole number or identification cleaning method(s) used, special remarks and observations, and other pertinent data. These records shall be available to the County for inspection during the performance of work and shall become the property of the County after completion of the Project. C Safety Program and Experience The Contractor shall have a documented in-place safety program which meets or exceeds all Federal Occupational Safety and Health Administration (OSHA) regulations and State of Hawaii Occupational Safety and Health (HIOSH) regulations, with special emphasis on hazard -free work in confined spaces and sewage environment. Additionally, the Contractor shall have successfully performed a minimum of 10,000 linear feet of cleaning of sewer lines of 8 -inch or larger diameter. The Contractor shall Lono Kona Sewer Improvements 33 0130.42-1 CLEANING OF MANHOLES Job No. WW- submit documentation of his meeting this minimum requirement within fourteen (14) calendar days of the Notice to Proceed date. 1.04 EQUIPMENT All designated manholes shall be cleaned using vacuum and/or high -velocity sewer cleaning equipment as specified herein, and the selection of equipment to be used shall be based on the condition of the manholes at the time the work commences. The equipment and the methods selected for cleaning shall be capable of removing all dirt, sand, grease, rocks, roots, and other deleterious materials from the manholes. All sewer cleaning equipment shall be used in a manner to ensure that all dirt, mud, sand, grease, roots, and other fine materials have been removed. Satisfactory precautions shall be taken to protect the sewer lines and manholes from damage that might be inflicted using the cleaning equipment. When additional quantities of water from nearby fire hydrants are necessary to avoid delays in the normal working procedure and use of such quantities of water have been approved by the water utility company, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed at any time. All sludge, dirt, rocks, sand, grease, roots, and other solid or semi-solid materials resulting from all types of cleaning operations shall be trapped and removed at the downstream manhole of the section being cleaned. Passing materials from manhole section to manhole section shall not be permitted. All solid or semi-solid materials resulting from the cleaning operations shall be removed from the Project area and properly disposed of by the Contractor. An appropriate disposal site shall be arranged for by the Contractor and approved by the County. All permits required for the proper transportation and disposal of the materials shall be the sole responsibility of the Contractor. A. Vacuum Removal/Cleaning Equipment This equipment shall be truck mounted for ease of operation and designed to use air movement for cleaning and vacuuming of materials in the sewer pipe and manholes. The equipment shall be capable of removal of materials 500 feet from the operating manhole. The equipment used shall have the capability of moving a minimum of 8,500 cubic feet per minute (cfm). B. High -Velocity Hydrocleaning Equipment All high -velocity sewer cleaning equipment shall be truck mounted for ease of operation. The equipment shall have a minimum of 500 feet of one -inch inside diameter high- pressure hose with a selection of four or more cleaning nozzles. The equipment shall have a minimum capacity of 60 gallons per minute (gpm) and a working pressure of 1,200 pounds per square inch (psi). The equipment shall also include a high -velocity gun for washing and scouring manhole walls and floors. The equipment shall carry its own 1,200 -gallon water tanks capable of holding corrosive or caustic cleaning or sanitizing chemicals, auxiliary engines, pumps and a hydraulically - driven hose reel. Any proposed cleaning chemicals shall first be approved for use by the County Department of Environmental Management. Lono Kona Sewer Improvements 33 0130.42-2 CLEANING OF MANHOLES Job No. WW- All controls shall be located so that the equipment can be operated from aboveground with minimal interference to existing traffic and/or danger to the operator. Manhole and hose guides shall be used to protect the hose from wear and to lead the hose around buildings, trees, stationary equipment, etc. PART 2 — PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 METHODOLOGY A. Materials resulting from the cleaning operations shall be trapped and removed from the downstream manhole of the manhole section being cleaned. No materials shall be allowed to continue through the downstream manhole into an adjacent manhole section at any time. The Contractor shall be responsible for properly disposing of all materials removed. Under no circumstances shall sewage or solids be dumped onto streets or into streams, ditches, catch basins, storm drains, or the ocean. B. Where hydraulically -propelled cleaning tools are utilized, precautions shall be taken to ensure that the water pressure created does not cause damage or flooding to public or private property. C. The manholes shall be cleaned to a degree of cleanliness as specified and as necessary for rehabilitation work and application of protective coatings. D. Damage to private property, sewer pipes, manholes, and appurtenance caused by the Contractor's work shall be repaired by the Contractor at no additional cost to the County. 3.02 MEASUREMENT AND PAYMENT All work covered under this specification shall not be measured and paid for directly but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. **END SECTION** Lono Kona Sewer Improvements 33 0130.42-3 CLEANING OF MANHOLES Job No. WW- SECTION 33 01 30.72 CURED -IN-PLACE PIPE LINING PART 1 - GENERAL 1.01 DESCRIPTION A The Contractor shall provide all labor, supervision, tools, materials, equipment, and transportation to provide for all aspects of pipeline reconstruction using procedures indicated on the Plans and specified herein. Work shall install a single, continuous, watertight and corrosion -resistant liner within the original conduit using a resin -impregnated flexible tube that forms a cured -in-place pipe (CIPP). The resin shall be thermally cured either using pressurized hot water or steam while under pressure within the tube so the liner is tightly bound to the host pipe for the duration of curing. B The sewer main to be lined is an existing dry sewer and no flow bypass is required. C Prior to ordering sewer liner materials, the Contractor shall be responsible for inspecting and confirming the inside dimension, alignment, pipe material, and condition of the existing sewer pipe section to be lined with CIPP liner. D The Contractor shall be responsible for performing all CIPP liner and related work, including video inspection, excavations and cleaning in accordance with applicable Federal, State, and County safety regulations, including current Occupational Safety and Health Administration (OSHA) and Hawaii Occupational Safety and Health (HIOSH) safety standards. Prior to entering manholes to perform sewer repair work, the Contractor shall evaluate the atmosphere in and near the sewer to determine the presence of toxic or flammable vapors and shall ventilate the rehabilitation work area as necessary to render it safe. 1.02 REFERENCES ASTM F1216 Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin - Impregnated Tube ASTM F1743 Rehabilitation of Existing Pipelines and Conduits by Pulled -in -Place Installation of Cured -in -Place Thermosetting Resin Pipe (CIPP) ASTM D5813 Cured -in -Place Thermosetting Resin Piping Systems ASTM D790 Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials ASTM D2990 Tensile, Compressive and Flexural Creep and Creep -Rupture of Plastics 1.03 SUBMITTALS A The Contractor shall submit to the County for approval the following within 30 calendar days after the Notice to Proceed: Design Analysis The CIPP liner shall be designed per ASTM F1216 or ASTM F1743, Fully Deteriorated Gravity Pipe Condition. The design used for the product shall be submitted for review and Lono Kona Sewer Improvements 33 0130.72-1 CURED -IN-PLACE PIPE LINING Job No. WW- approval. Physical properties used in design equations shall be validated by independent testing. 2 Manufacturing Quality Control a. Engineering design guides and detailed quality control procedures for rehabilitation materials, manufacturing and installation shall be submitted for review. This shall include inspection requirements, testing procedures and allowable manufacturing tolerance levels. b. The manufacturer(s) for both proposed resin and tube shall have successfully produced the material in the United States continuously for a minimum of 3 years, unless otherwise approved by the County. The Contractor shall submit certification provided by the product manufacturer as to the country of manufacture of all major components to be used to produce the final installedwork. Product Qualification and Test Data a. A minimum of 25 successful wastewater collection system CIPP liner installations in the United States shall be documented, ranging in size from 6 to 48 inches in pipe diameter, for the proposed tube and resin used together as one product, to assure commercial viability of the materials and the process. In addition, the CIPP liner product shall have been in service within wastewater collection facilities in the United States for a minimum of three years, unless otherwise approved by the County. b. Flexural modulus and strength - The Contractor shall submit detailed test results from a minimum of 5 previous successful installations of the proposed product. The test results of field samples from each of the 5 previous installations shall verify that the minimum requirements for short-term flexural modulus and flexural strength specified in this specification section had been achieved. Chemical resistance - Tests shall be conducted for standard domestic sewage application in accordance with ASTM F1216, Appendix X2, or F1743, Section 7.2, and meet the minimum requirements listed therein. 4 Installer Qualification a. The Contractor shall have successfully performed over a minimum of 3 projects, a minimum of 25 CIPP liner installations for sewer lines of 6 inch to 48 inches in diameter within the past 5 years, using the proposed product materials. b. The Contractor shall submit to the County documentation provided by the manufacturer that the Contractor is qualified to properly install the proposed product. The documentation shall consist of evidence of Contractor training, testing and/or certification of being trained to install the manufacturer's product. c. An itemized list detailing the installation procedures to be used shall be submitted, including compliance with nationally -recognized reference standards. This shall include estimated times for each task, the number of required excavations, and any other items unique to each process. Lono Kona Sewer Improvements 33 0130.72-2 CURED -IN-PLACE PIPE LINING Job No. WW- d. Detailed procedures shall be submitted for repairing the product in the event of failure or future damage. These procedures should not require specialized training and/or equipment for the County's maintenance crews PART 2 - PRODUCTS 2.01 PROTECTIVE COATINGS A. Material The reinforcement textile shall be multiple layers of woven fiberglass stitched together with non -woven fabric and/or woven fiberglass stitched together with non -woven fiberglass laminate reinforcement. Laminates required to be greater than 3/16 -inch thick may include a flexible needled felt in the middle with equally thick layers of fiberglass material on both sides. The textile shall be continuous in length and the wall thickness shall be uniform except at the overlap. The design wall thickness is a function of many factors including, but not limited to, product materials and condition of the existing sewer line. The materials used shall have the capability to address variations in the existing pipe conditions (i.e. circumferences, deterioration, etc.) and design considerations for afully deteriorated host pipe. 2 Overlapping sections shall have at least I -inch overlap in the length of the liner. The laminate will be capable of conforming to offset joints less than 25% of the pipe diameter, bells, and disfigured pipe sections. The textile tube shall be compatible with the resin system used. The textile tube shall be fabricated to a size that, when installed, will fit the internal circumference of the existing pipe. The Contractor shall verify the length and inside dimension of the existing sewer section before the textile tube fabrication. 3 The resin shall be epoxy containing no styrene. Each installation shall have a design report documenting the design criteria for a fully deteriorated pipe section, relative to the hydrostatic pressures, depth of soil cover, and type of soil. B. Design Parameters The installed CIPP liner design parameters shall meet or exceed the following requirements: Minimum CIPP Resin Requirements: Flexural Modulus (short-term) 400,000 psi Flexural Modulus (long-term)* 200,000 psi Flexural Strength 8,000 psi *The long-term flexural modulus is defined as 50 years as determined by ASTM D2990 Test Method PART 3 - EXECUTION 3.01 INSTALLATION Lono Kona Sewer Improvements 33 0130.72-3 CURED -IN-PLACE PIPE LINING Job No. WW- A. The Contractor shall clean and inspect by closed-circuit television (CCTV) camera the entire sewer line section, from nearest upstream or downstream manhole, immediately prior to lining, utilizing a pan/tilt camera capable of verifying active or inactive service connections and the overall structural condition of the pipeline, following the requirements and payment method specified in Section 33 01 30.11 Television Inspection of Sewers. All roots, debris, and protruding service connections will be removed prior to lining. B. The tube shall be free of any tears and frayed sections. The tube shall be impregnated with resin using a process approved by the County. All air in the tube shall be removed allowing the resin to thoroughly impregnate the tube. All resin shall be contained to ensure no public property or persons are exposed to the liquid resin. C. While the tube is being pulled into the pipe, no resin shall be lost by contact with manhole walls or the pipe. The resin shall not be contaminated or diluted by exposure to dirt, debris, or water during the pull. The resin that provides a structural seal shall not contact the pipe until positioned at the point of repair. D. The Contractor shall be capable of viewing the entire liner contacting the host pipe from the beginning to the end of the liner verifying the entire damaged section has been covered by the liner. The tube shall be held tightly in place against the wall of the host pipe until the cure is complete. E. When the curing process is complete, the pressure will be released. The bladder packer device shall be removed from the host pipe. No barriers, coatings, or any material other than the cured tube/resin composite, specifically designed for desirable physical and chemical resistance properties, shall be left in the host pipe. Any materials used in the installation other than the cured tube/resin composite are to be removed from the pipe by the Contractor. 3.02 INSPECTION AND WORKMASHIP A. Inspection. The finished installation shall be inspected by the Contractor by CCTV camera as specified in Section 33 0130.11 Television Inspection of Sewers in the presence of the County's authorized representative. All roots, debris, and protruding service connections will be removed prior to lining. B. Workmanship. The finished liner shall be free of such defects as holidays, foreign inclusions, dry spots, lifts, delamination, buckling, wrinkles in excess of 1/8 -inch height, and other deformities. If defects are present, the Contractor shall remove and replace the liner, using a method approved by the County, at no cost to the County. 3.03 CLEANUP Upon acceptance of the CIPP liner installation, the Contractor shall restore the Project area to original conditions or as directed by the County. 3.04 MEASUREMENT AND PAYMENT A. Measurement: The quantity for which payment will be made for sewer line rehabilitation shall be the actual length of CIPP liner installed, measured in lineal feet. Lono Kona Sewer Improvements 33 0130.72-4 CURED -IN-PLACE PIPE LINING Job No. WW- B. Payment: Payment for CIPP liner rehabilitation work shall be based on the unit price bid per Lineal Feet as listed in the Bid Form. This payment shall include full compensation for all mobilization/demobilization, labor, materials, supplies, equipment, tools, and incidentals for the complete installation of the liner, including removal and restoration of sewer manhole cone (if required for access), and for all other related work covered by this specification. **END SECTION** Lono Kona Sewer Improvements 33 0130.72-5 CURED -IN-PLACE PIPE LINING Job No. WW- SECTION 33 01 30.81 MANHOLE REHABILITATION PART 1 - GENERAL 1.01 GENERAL REQUIREMENTS The Contractor shall provide all labor, supervision, tools, materials, equipment, and transportation to provide for all aspects of manhole rehabilitation and installation of protective coatings using procedures indicated on the Plans and specified herein. The work herein includes removal of the cone section, addition of cylindrical extensions and replacement with a new cone section level with the finish grade as shown in the Plans. A Sewer manhole rehabilitation shall include the following procedures: Interior areas of the manhole structure including the cone section, riser, bench, and base shall be rehabilitated by patching holes, cracks, and spalls and coating with trowelable cementitious underlayment and protective epoxy topcoat to improve the structural condition and provide corrosion protection. Rehabilitation work shall start and finish without interruption. The time delay between underlayment and the protective epoxy topcoat shall be per manufacturer's recommendations. 2. Removal of all rungs, unless indicated to remain. Installation of new benches as indicated on the Plans. 4. Inspection and testing of the work to ensure compliance with Plans and specifications. 1.02 SUBMITTALS A The Contractor shall submit to the County for approval the following within thirty (30) calendar days after the Notice to Proceed: Product and Material Qualification a. Product and material descriptions, manufacturer's application installation instructions, and written evidence that products have a minimum five (5) year history of being used successfully for rehabilitation of existing sewer manholes or coating of new sewer manholes. b. A list of at least ten (10) sewer manhole projects successfully rehabilitated in the United States using the same products as specified herein during the past three (3) years with name of owner, location, contact person, phone number, and date and type of rehabilitation shall be provided. A list of at least ten (10) sewer projects which included the construction and coating of new concrete sewer manholes in the United States using Lono Kona Sewer Improvements 33 0130.81-1 MANHOLE REHABILITATION Job No. WW- the same products as specified herein during the past three (3) years with name of owner, location, contact person, phone number, and date shall be provided. d. Certificate stating that rehabilitation and coating products are designed, manufactured, and intended for sewer manhole applications; are compatible with existing and new sewer manhole materials; and are compatible with each other. 2 Installer Qualification For the epoxy and underlayment coatings, provide a certificate or written evidence that the applicator of the coating system is factory trained. The Contractor shall provide a copy of the certificate acknowledging training of each applicator by the manufacturer. Each applicator shall have a minimum of five (5) years of documented experience in the installation of the coatings proposed by the Contractor to be used for the Project. 3 Test Reports a The Contractor shall submit reports of the holiday tests. At a minimum, the test reports shall identify the test date, tester's name and contact information, manhole that was tested, testing equipment used, voltage required on the induced holiday, photographs showing holidays circled with markers for each manhole, and retesting results after holiday repair. b The Contractor shall submit reports of the adhesion tests. At a minimum, the test reports shall identify the test date, tester's name and contact information, manhole that was tested, testing equipment used, photographs showing test locations circled with markers for each manhole, and retesting results. 1.03 QUALITY ASSURANCE A County shall utilize the services of a qualified coatings inspector to provide on-site inspection at the following checkpoints during the Project that are covered in the execution section of this specification: 1 Completion of Surface Preparation 2 During Installation of Repair Product(s) 3 During Installation of Coating Product(s) 4 During Holiday Detection Inspection 5 During Adhesion Testing PART 2 - PRODUCTS 2.01 PROTECTIVE COATINGS Lono Kona Sewer Improvements 33 0130.81-2 MANHOLE REHABILITATION Job No. WW- A. COATING SYSTEM The materials used shall be designed, manufactured, and intended for sewer manhole rehabilitation and particularly for the specific application for which these Contract Documents and the Plans require. The materials shall have a proven history of performance in sewer manhole rehabilitation. The materials shall be compatible with existing sewer manhole materials and with each other, especially the underlayment and epoxy coatings. The materials shall be delivered to the jobsite in original unopened packaging and clearly labeled with the manufacturer's identification and printed instructions. All materials shall be stored and handled in accordance with the recommendations of the manufacturer. All materials shall be mixed and applied in accordance with the manufacturer's written instructions. For patching, repointing, filling, and repairing of large non -leaking holes, cracks, and spalls in concrete and masonry manholes use: A premixed, non -shrink cement -based patching material consisting of hydraulic cement, special blend of powders and special plasticizing and accelerating agents that has been formulated for vertical or overhead use. It shall not contain chlorides, gypsums, plaster, iron particles, aluminum powder or gas-forming agents, or any other agents and components that promote the corrosion of steel. Initial set time shall not exceed 90 seconds, and final set time shall not exceed one (1) hour. The ultimate compressive strength (ASTM C109) shall be a minimum of 4,000 pounds per square inch (psi). Bond strength (ASTM C882 — modified) shall be a minimum of 1,700 psi. The compatibility of the product with the resurfacing and repair material and epoxy topcoat shall be verified. 2 For stopping active leaks in concrete or masonry manholes: If active infiltration leaks are encountered, a rapid setting hydraulic water plug for sealing leaks shall be used. The compatibility of the product with the epoxy grout and topcoat shall be verified. The water plug shall be Sauereisen Instaplug No. F-180 or an approved equal. For resurfacing and repairing irregularities in concrete and masonry manholes use: A premixed, non -shrink, fast -setting, Portland -cement -based material that has been formulated for vertical or overhead use by trowel application as an underlayment for a protective coating. The resurfacing and repair material shall not contain any agents and components that would promote the corrosion of steel. Initial set time at 70 degrees Fahrenheit (F) shall not exceed eight (8) hours. Compressive strength (ASTM C109) shall be a minimum of 3,900 psi at 24 hours. Tensile strength (ASTM C307) shall be a minimum of 800 psi. Flexural strength (ASTM C580) shall be a minimum of 1,500 psi. Modulus of elasticity (ASTM C580) shall be a minimum of 1,200,000 psi. Bond strength (ASTM C882) shall be a minimum of 2,200 psi. The resurfacing and repair material shall be compatible with the epoxy topcoat used. The product shall be Sauereisen Underlayment F-121 or an approved equal. Lono Kona Sewer Improvements 33 0130.81-3 MANHOLE REHABILITATION Job No. WW- As an alternative, a 100% solids, three -component, fast -setting, non -shrink, sewage -resistant epoxy grout or filler system designed for trowel application to damp surfaces may be used. Physical characteristics shall be equivalent to or exceed those indicated above for the Portland -cement -based underlayment material. The epoxy grout or filler system shall be Sauereisen Filler Compound No. 209 or an approved equal. 4 Benches, channels, and transition sections in manholes shall be repaired or replaced as indicated on the Plans. Epoxy topcoat for corrosion protection of concrete and/or masonry manholes: The epoxy topcoat shall be suitable for application over damp or dry concrete surfaces and on vertical and overhead surfaces. When cured, the coating shall provide an impermeable, high-strength lining for manholes resistant to infiltration and attack from hydrogen sulfide and acid generated by microbiological sources. The epoxy topcoat shall be one of the following epoxy coating systems or an approved equal. Alternative 1 — Raven 405: A high-strength, 100% solids, solventless, two - component epoxy resin system for spray application. The coating material shall be thixotropic in nature and filled with select fillers to minimize permeability and provide sag resistance in conformance with these specifications. Flexural strength (ASTM D790) shall be a minimum of 13,000 psi. Compressive strength (ASTM D695) shall be a minimum of 18,000 psi. Tensile strength (ASTM D638) shall be a minimum of 7,500 psi. Bond strength (ASTM D4541) shall be to concrete substrate failure. Alternative 2 — Sauereisen Sewergard 210 (trowelable): An impermeable, high- strength, three -component system consisting of a two -component epoxy resin and fine silica sand filler for trowel application. Flexural strength (ASTM C580) shall be a minimum of 4,900 psi. Compressive strength (ASTM D695) shall be a minimum of 10,000 psi at 28 days. Tensile strength (ASTM C307) shall be a minimum of 2,000 psi. Bond strength (ASTM D4541) shall be to concrete substrate failure. Alternative 3 — Sauereisen Sewergard 21OS: An impermeable, high-strength, two -component system consisting of a, epoxy hardener and fiber -filled epoxy resin for conventional airless spray application. Flexural strength (ASTM C580) shall be a minimum of 4,600 psi. Compressive strength (ASTM C579) shall be a minimum of 6,800 psi. Tensile strength (ASTM C307) shall be a minimum of 2,500 psi. Bond strength (ASTM D4541) shall be to concrete substrate failure. PART 3 - EXECUTION 3.01 METHODOLOGY A. Safety: The Contractor shall perform all work in strict accordance with all applicable Occupational Safety and Heath Administration (OSHA) and Hawaii Occupational Safety and Health (HIOSH) standards, especially with respect to those safety requirements regarding confined space entry. Precautions shall be taken to detour activity and traffic Lono Kona Sewer Improvements 33 0130.81-4 MANHOLE REHABILITATION Job No. WW- away from manhole work zones and to prevent falling debris from damaging the manhole openings. B. Cleaning: All concrete and masonry surfaces to be coated must first be cleaned in accordance with Section 33 01 30.42, Cleaning of Manholes, of these Contract Documents, the provisions in this section, and the recommendations of the manufacturer of the coatings to be used. All grease, oil, laitance, mortar, unsound concrete, and other foreign materials must be completely removed. Cleaning shall be accomplished by pressure washing (hydro -blasting) at a minimum pressure of 4,000 psi. Exposed reinforcing steel shall be ground or sandblasted to shiny metal. Debris from cleaning operations shall be collected in the manhole and disposed of in an environmentally safe manner. Where there are conflicts in the level of cleaning or procedures among these specifications and the coating manufacturer, the more stringent shall apply unless otherwise approved by the County. C. Channel and Bench Repair: Repair of benches, channels, and transition sections shall be repaired, modified, or replaced as shown on the Plans. D. Remove manhole rungs, unless otherwise indicated, and patch holes and surfaces as shown on the Plans and described below. E. Infiltration: After the surface has been prepared, and prior to the application of mortars and/or coatings all infiltration shall be stopped by either plugging, chemical grout sealing, or installation of channels through "bleed" pipes at the bottom of the manhole. Prior to placing water plug, place a mechanical key by undercutting an abrupt edge completely around the area to be plugged. After plugging the leaks, manhole walls shall be dry and ready for structural rehabilitation. F. Patching: All large holes or voids around removed rungs, joints, or pipes, and all spalled areas and all missing mortar shall be repointed using non -shrink, cement -based patching material. All cracked or disintegrated material shall be removed from the area to be patched or repointed exposing the sound subbase. All cracks not subject to movement and greater than 1/16 inch in width shall be routed out to a minimum width and depth of 1/2 inch and patched with non -shrink patching mortar. G. Resurfacing and repair of surface irregularities: The underlayment material specified herein for existing manholes shall be used to fill smaller cracks, voids, pockmarks, or bug holes, and other surface irregularities to provide the epoxy topcoat with a suitable high- strength substrate. Surfaces shall be provided with a broom finish or other suitable finish recommended by the epoxy topcoat manufacturer. Maximum thickness shall be 1 inch unless otherwise approved by the County. H. Epoxy Topcoat: The Contractor applying the epoxy topcoat shall inspect all surfaces specified to be coated prior to application of the coating. The County shall be notified of any concerns with the surface that may interfere with proper application of the coating. L The epoxy topcoat shall be applied in accordance with the manufacturer's recommendations. Surfaces to be coated shall include the manhole walls, bases, benches, portions of the channels as indicated on the Plans, and the interior of the manhole frame. Lono Kona Sewer Improvements 33 0130.81-5 MANHOLE REHABILITATION Job No. WW- The epoxy topcoat shall be applied to a minimum dry film thickness as indicated in the below table. Epoxy Topcoat Minimum Dry Film Thickness mils Raven 405 125 Sauereisen Sewer and 210 (trowelable) 125 Sauereisen Sewer and 210S 125 The minimum thicknesses are applicable to properly prepared smooth surfaces with a broom finish. Thicker coatings, as recommended by the coating manufacturer and as approved by the County, shall be provided if a smooth broom finish surface is not provided. The edge of the epoxy topcoat around the sewer pipes shall be provided with an edge seal along the edge of the coating. The edge seal shall consist of an epoxy -filled embedded thickened edge created by filling a minimum 1/4 -inch wide by minimum 1/4 -inch deep groove cut into concrete around the sewer pipe. For coatings near the grade adjustment, the coating shall extend to overlap the adjustment portion 1/2 inch and shall be anchored under the adjustment by spraying the epoxy into a 1/4 -inch by 1/4 -inch saw -cut notch. For coatings near the manhole bench, the coating shall extend from the wall to the channel low flow line. Epoxy topcoat on the manhole bench shall be anchored into the existing 1/4 -inch by 1/4 -inch saw -cut notch at the sewer low flow line. The coating shall be applied by workman trained and experienced with the product used and by equipment approved by the product supplier. Manhole work shall be performed and completed without interruptions that may render previously cleaned, prepared, or coated surfaces to be unacceptable. If interruptions should occur, the surfaces shall undergo additional cleaning or preparation as recommended by the manufacturer of the sewer rehabilitation or coating products. 2. Testing: After the epoxy topcoat has set hard to the touch and completion of all Project work affecting rehabilitated sewer manholes, the epoxy coatings on all manholes shall be tested for holidays with high-voltage holiday detection equipment. An induced holiday shall be made onto the coated concrete or clay tile surface and shall serve to determine the minimum/maximum voltage to be used to test the coating for holidays at that particular area. The spark tester shall be initially set at 100 volts per I mil (25 micron) of film thickness applied but may be adjusted as necessary to detect the induced holiday. All detected holidays shall be marked and repaired by abrading the coating surface with grit disk paper or other hand -tooling method. After abrading and cleaning, additional protective coating material shall be hand applied to the repair area. All touch-up/repair procedures shall follow the protective coating manufacturer's recommendations. The holidays and other defects shall be repaired by the Contractor at no additional cost to the City. One (1) adhesion test shall be performed on each coated manhole. Adhesion testing shall be conducted after the topcoat has cured per manufacturer Lono Kona Sewer Improvements 33 0130.81-6 MANHOLE REHABILITATION Job No. WW- instruction and in accordance with ASTM D4541 as modified herein. One (1) 20 - mm (3/4 inch) dolly shall be affixed to the lined surface of the manhole at a location agreed upon between the Contractor and the County. The adhesive used to attach the dolly to the liner shall be rapid setting with tensile strength in excess of the liner material and permitted to cure in accordance with the manufacturer's recommendations. The lining material and dolly shall be adequately prepared to receive the adhesive. Prior to the pull test, the Contractor shall utilize a scoring device to cut through the coating until the substrate is reached. Extreme care shall be required while scoring to prevent micro cracking in the coating, since cracks may cause failures at diminished strengths. Failure due to improper dolly adhesive or scoring shall require retesting. The pull test shall meet and/or exceed 200 psi and shall include subbase adhered to the back of the dolly or no visual signs of coating material in the test hall. Pull tests with results between 150 psi and 200 psi shall be acceptable if more than 50% of the subsurface adhered to the back of the dolly. If the initial adhesion test fails, a minimum of three (3) additional locations within the manhole shall be tested, as directed by the County. If any of the retests fail, all loosely adhered or unadhered liner in the failed area, as determined by the County, shall be removed and replaced at the Contractor's expense. 3.02 BENCH, CHANNEL, AND TRANSITION SECTION RECONSTRUCTION New benches, channels, and transition sections shall be formed using quick -setting, high-strength, polymer -modified, Portland cement, non -shrink grout. The grout shall meet ASTM C293, flexural strength 1,900 psi at 28 days; ASTM C495, Splitting Tensile Strength, 750 psi at 28 days; ASTM C-882, Bonding Strength 2,200 psi at 28 days; and ASTM C-109, Compressive Strength 7,000 psi at 28 days. The grout shall be added up to 50% by weight of clean, well - graded aggregate conforming to I -inch x No. 4 Coarse Aggregate grading. This quick -setting grout shall be mixed and applied as per manufacturer's recommendations and Section 03 60 00 Grouting. The grout/concrete shall have Kryton's KIM (Krystol Internal Membrane) or Xypex admixture or an approved equal. 3.03 MEASUREMENT AND PAYMENT A. Rehabilitation of existing sewer manholes shall be paid for at the respective unit prices bid as listed in the Bid Form. Payment shall include full compensation for cleaning and manhole preparation work; rung removal (unless otherwise indicated); bench repair or replacement; application and testing of epoxy coatings; extension of manhole to finish grade with a new conical section as shown in the Plans; and all other work required to complete the sewer manhole rehabilitation work in place complete. B. Re-channelization of existing sewer manholes shall not be measured and paid for directly but shall be included in the unit prices bid as listed in the Bid Form for connections to existing sewer manholes. **END SECTION** Lono Kona Sewer Improvements 33 0130.81-7 MANHOLE REHABILITATION Job No. WW- SECTION 33 01 30.83 PLASTIC LINING FOR CONCRETE MANHOLES PART 1 - GENERAL 1.01 DESCRIPTION A. SCOPE The objective of this section is to cover the supply and installation of polyvinyl chloride (PVC) lining for drop manholes to effectively shield the interior of the structure from corrosion. The liner and assembly shall be uninterrupted and free of holidays, voids or pinholes in the vertical joints and wall of the structure. The design of the liner system shall ensure that it will conform to the contour of the structure and form a permanent mechanical bond to the concrete using pre -formed ribs and dovetails. The liner will be formed in such a manner that the joints between the structure sections will be afforded protection and provisions will be made to allow the pipe penetrations to be sealed. 1.02 RELATED SECTIONS SECTION 01 33 00 SECTION 33 05 61 1.03 QUALITY ASSURANCE A. REFERENCES SUBMITTAL PROCEDURES SEWER MANHOLES This section contains references to the following documents. They are part of this section as specified and modified. In case of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. Reference ASTM D-638 ASTM D-648 ASTM D-790 ASTM D-256 ASTM D-2240 ASTM D-4226 ASTM D-543 1.04 SUBMITTALS Title Test method for tensile properties of plastic Test method for deflection temperature of plastics under flexural load Test method for flexural properties of reinforced and unreinforced plastic and electrical insulation materials Determining the pendulum impact resistance of notched specimens of plastic Test method for Durometer Hardness Impact resistance of rigid Poly (PVC) building products Evaluating the resistance of plastics to chemical reagents A. The following information shall be provided in accordance Section 01 33 00. 1. The physical properties, chemical resistance, installation details, and quality control test report shall be submitted for review. Lono Kona Sewer Improvements 33 0130.83-1 PLASTIC LINING FOR Job No. WW- CONCRETE MANHOLES PART 2 - PRODUCTS 2.01 ACCEPTABLE PRODUCTS Plastic lining shall be Dura Plate 100 as manufactured by A -Lok Products, Inc., Tullytown, PA, or approved equal. 2.02 MATERIALS A. GENERAL 1. Liner Composition - The liner, channel joints, H -joints, corner joints and weld strips shall be manufactured from PVC resin and shall be white in color as to assist in providing a light reflective environment. The PVC compound used for the liner shall meet the properties specified in section 2.02B and shall be approved by the Engineer. The PVC sheet shall maintain a minimum wall thickness of 0.065 inches. 2. Rubber Joint Composition - Fabricated liner panels shall be joined together by a slotted strip of EPDM rubber according to the manufacturer's specifications. The EPDM rubber shall meet the chemical resistant properties specified in section 2.02B. 3. Butyl Joint Composition - When a continuous PVC return into the joint is used between sections of lined concrete structures, the structure shall be joined together by an approved butyl strip designed to produce sufficient squeeze -out between PVC returns. The butyl joint compound shall be formulated to meet the chemical resistant properties specified in section 2.02B. 4. Welding Strips - Welding strip compound shall meet the chemical resistant properties and physical properties specified in section 2.02B and shall have elongation sufficient to bridge up to 1/4 inch settling gap which may occur after installation, without damaging the lining sheets. 5. At any time during the manufacturing process or prior to the final acceptance of the work, utilizing material supplied by the manufacturer, the Engineer may sample specimens taken from any part of the assembled or unassembled product for testing of physical properties. 6. Changes in the compound formulation may be permitted only after twelve months prior notice is given to the Engineer, the Contractor proves that the new formulation meets or exceeds requirements and is approved by the Engineer. The Engineer shall be notified seven days prior to any approval testing as to the type of material to be tested. 7. All plastic liner panels including joint corner and weld strips shall be free of cracks, cleavages or other defects adversely affecting the protective characteristics of the material. The Engineer may authorize the repair of such defects by approved methods. B. CHEMICAL RESISTANCE AND PHYSICAL PROPERTIES 1. General - All materials shall meet the physical and chemical resistant properties Lono Kona Sewer Improvements 33 0130.83-2 PLASTIC LINING FOR Job No. WW- CONCRETE MANHOLES specified in the following appropriate section. 2. Chemical Resistance - All exposed liner plate, joint material channel joints, H -joints, corner joints and weld strips shall be compounded to resist the following chemical solutions. Test specimens shall be conditioned to a constant weight at 110° Fahrenheit ±4° before and after submersion. Liner material and joint material shall be exposed to the chemical solution in the table below for a period of 112 days at 77° Fahrenheit ± 5°. Tensile specimens shall be removed from the chemical solutions at 30 -day intervals and tested. If any specimen fails the 112 -day requirement before completion of the 112 -day exposure, the material shall be subject to rejection. CHEMICAL SOLUTION CONCENTRATIONS Sulfuric Acid ........................ Sodium Hydroxide ............... Ammonium Hydroxide........ Nitric Acid ........................... Ferric Chloride .................... Soap..................................... Detergent............................. Bacteriological 20% 5% 5% 1% 1% 0.1% 0.1% BOD not less than 700ppm. 3. Physical Properties - All semi-rigid liner sheets, corner and weld strips shall have the following properties when tested at 77° Fahrenheit ± 5°. PHYSICAL PROPERTY REQUIREMENT FOR SEMI RIDGED POLYVINYL CHLORIDE FOR STRUCTURES PROPERTY Tensile Strength ASTM D-638 Tensile Modulus ASTM D-638 Hardness, (Shore D) ASTM D-22402 Flexural Strength ASTM D-790 Flexural Modulus ASTM D-790 Heat Deflection Temperature ASTM D-648 INITIAL AFTER EXPOSURE 6,500 psi 80% of initial 380,000 psi N/A 83.0 points N/A 12,000 psi N/A 400,0000 psi N/A 162°F @ 264 psi N/A Lono Kona Sewer Improvements 33 0130.83-3 PLASTIC LINING FOR Job No. WW- CONCRETE MANHOLES PHYSICAL PROPERTY REQUIREMENT FOR SEMI RIDGED POLYVINYL CHLORIDE FOR STRUCTURES PROPERTY INITIAL AFTER EXPOSURE IZOD Impact 12 ft.-lb./inch of notch N/A ASTM D-256 Variable Height Impact Test ASTM D-4226 w/.25 Hemispherical Dart 1.6 in.-lb./mil N/A Procedure A3 thickness w/.125 Conical Dart 2.1 in.-lb./mil 80% Procedure B4 thickness 1. All above values are minimum required 2. For 112 days in selected chemical solutions per ASTM D-543 3. Minimum failure energy 4. Ductile/Brittle Transition C. DETAILS AND DIMENSIONS OF STANDARD LINER 1. Liner panels shall have a minimum thickness of 0.065 inches. A combination of standing ribs and mechanical dovetails shall be used to secure the liner panels to the wall of the structure and shall be spaced a maximum of 6.0 inches apart. 2. Liner panels with a combination of standing ribs and dovetails in diameters of 48 inches through 60 inches shall be at least 0.50 inch high. Panels of 72 inches and above shall be at least 0.75 inch high. 3. Liner with locking extensions shall be able to withstand a test pull of 100 pounds per linear inch applied perpendicular to the locking extensions or withdrawal from embedment shall be acceptable. The test shall be made at temperatures between 70 and 80 degrees Fahrenheit inclusive. 4. All lining, joint, corner, weld and termination strips shall be impermeable to sewage gases, sewage liquids and process chemicals and shall be non -conducive to bacterial or fungus growth. 5. The lining shall be repairable at any time during the life of the manhole. PART 3 - EXECUTION 3.01 INSTALLATION Plant installation of all lining and pertinent apertures shall be done in accordance with the Lono Kona Sewer Improvements 33 0130.83-4 PLASTIC LINING FOR Job No. WW- CONCRETE MANHOLES manufacturer's recommendations. Lining coverage shall not be less than the minimum shown on the approved shop drawings or construction plans. Field installation of all lined precast sections shall be done in accordance with the recommendations of the manufacturer. 3.02 PERFORMANCE TESTING After the installation is complete, all surfaces covered with lining, including welds, shall be visually inspected for defects. At the request of the Engineer, non-destructive spark testing shall be conducted by the Contractor, in the presence of the Engineer, with an approved electrical holiday detector (Tinker & Rasor, San Bernardino, CA, Model No. AP -W with power pack or approved equal) set at the voltage recommended by the liner manufacturer. (Dura Plate 100 set selection switch at position 93 - 10,000 volts.). Sparking at the EPDM rubber compression panel joint shall not be cause for rejection. Due to the conductive characteristics of EPDM compounds, the spark tester may indicate a false condition. 3.03 MEASUREMENT AND PAYMENT All work covered under this specification shall not be measured and paid for directly but shall be included in the respective unit prices bid for sewer manholes as indicated on the Plans and listed in the Bid Form. **END OF SECTION** Lono Kona Sewer Improvements 33 0130.83-5 PLASTIC LINING FOR Job No. WW- CONCRETE MANHOLES SECTION 33 01 30.85 SEWER FLOW CONTROL PART 1 - GENERAL 1.01 DESCRIPTION The Contractor shall furnish all labor, tools, materials, power, and equipment necessary to control sewer line flows in order to perform work required under the Contract. The Contractor shall be completely responsible for the design, installation, operation, and maintenance of the sewage diversion and bypass pumping system. The Contractor shall use one or more of the following flow control methods unless otherwise allowed by the Officer -in -Charge: A. Plugging and Blocking Sewer line plugs shall be inserted into the line at an upstream manhole location. The plug shall be designed so that a portion of the sewage flow can be released as may be required. During the work, flows shall be controlled and shall be either completely shut off or, as allowed by the Officer -in -Charge, reduced sufficiently to ensure proper performance of Contract work. B. Pumping and Bypassing Pumping equipment, piping, and any other appurtenant equipment and tools shall be furnished and placed by the Contractor to bypass the section(s) where the work is being performed. Standby pumps of equal size shall be on-site during pumping operations. All pumps must be capable of pumping the design peak flows as shown on the Plans, unless otherwise allowed by the Officer -in -Charge. Pumps shall be fitted with mufflers and acoustically -silenced enclosures to minimize noise generation during operation. Staging areas for the bypass pumps are generally not shown on the Plans. The Contractor shall be responsible for negotiating, acquiring, and paying compensation for the staging areas in accordance with Section 01 55 29 Staging Areas. The temporary bypass piping shall be buried in vehicular traffic areas, including driveways and road travelways, if such areas are required to be in use during working or non -working hours. If approved by the County, temporary bypass piping may be laid on the surface of low-volume roads during working hours if smaller than 3 inches in nominal diameter and if the hose is of the heavy-duty, lay -flat type that can accommodate low volume traffic, or if piping is smaller than 2 inches in nominal diameter and the piping protected by speed bump type protective ramps. Adequate warning signs shall be provided at all aboveground vehicular crossings. Sewer flow diversion and bypassing work on County streets and within County right-of-ways shall comply with the requirements of the Contractor's Permit to Work with the County Right -of -Way. Pedestrian and vehicular access to properties shall be provided. In areas not subject to vehicular traffic, temporary bypass piping may be laid on the ground surface as approved by the Officer -in -Charge, but shall be pinned firmly in place to prevent movement and/or breakage during usage. Safe passage of pedestrian and vehicular traffic must be ensured through and around all bypassing equipment and materials. All temporary bypass piping joints and connections shall be positively sealed with no leaks occurring. When the sewage bypass system is in operation, the Contractor shall ensure that the system is Lono Kona Sewer Improvements 33 05 30.85-1 SEWER FLOW CONTROL Job No. WW- continuously manned, operated, monitored, and maintained by skilled personnel specifically trained and experienced in all aspects of such systems. Standby pumps shall be checked, maintained, and started up periodically to ascertain their operational status. While the bypass pumps may use electrical power (arranged by the Contractor) to keep noise levels controlled to within permitted limits, the standby bypass pumps shall be mechanically driven. No standby bypass pumps shall be connected to an electrical power source. Where sewer flow controls are used, precautions shall be taken to ensure that water levels do not create backups nor cause damage or flooding to any public or private properties. Any such damage, claims, or fines due to the Contractor's operations shall be repaired, cleaned, or compensated at the sole expense of the Contractor. 1.02 SAFETY Sanitary sewers convey sanitary sewage and certain substances which may be considered hazardous. These substances may include hydrogen sulfide, a natural gaseous by-product of sanitary sewage. The Contractor shall exercise extreme caution and comply with all applicable Federal, State, and County regulations and all applicable Occupational Safety and Health Administration (OSHA) requirements and the State of Hawaii's Occupational Safety and Health (HIOSH) Law requirements when performing the required sewer work or when in the vicinity of any hazardous substances. 1.03 SUBMITTALS A. Sewage Diversion and Bypass Pumping Plan At least 30 calendar days prior to the planned start of actual construction activities, the Contractor shall prepare and submit for approval to the Officer -in -Charge a proposed Sewage Diversion and Bypass Pumping Plan. The Contractor's Sewage Diversion and Bypass Pumping Plan shall be approved by the Officer -in -Charge before any diversion of sewage flows will be allowed. The Contractor's proposed Sewage Diversion and Bypass Pumping Plan shall include, but not be limited to: Proposed locations for sewer bypassing. 2. Staging areas for pumps. Sewer plugging method and types of plugs. 4. Size and location of manholes or access points for suction and discharge piping. Size of pipeline or conveyance system to be bypassed. 6. Number, size, material, location, and method of installation of suction piping. 7. Number, size, material, location, and method of installation of discharge piping. Bypass pump types, sizes, capacities, and number of each size to be provided at the Project site including all primary and standby pumping units. Lono Kona Sewer Improvements 33 05 30.85-2 SEWER FLOW CONTROL Job No. WW- 9. Level switches and controls for the operation of the bypass pumps and automatic switchover from the primary pumping unit to the standby unit. 10. Calculations of static lift, friction losses, and flow velocity (pump curves showing pump operating range shall be submitted). 11. Downstream discharge plan. 12. Method of protecting discharge manholes or structures from erosion and damage. 13. Penetrations through existing manholes for temporary bypass piping, including methods of sealing penetrations and restoration of existing manholes after bypass piping has been removed. 14. Thrust and restraint block sizes and locations. Provide the details necessary to demonstrate the integrity of all suction and discharge piping including piping and fittings associated with all primary and standby pumping units. Provide calculations for the design of the thrust and restraint blocks. The calculations and detail drawings shall be stamped by a structural engineer licensed in the State of Hawaii. 15. Sections showing suction and discharge pipe depth, embedment, select fill, and backfill. 16. Method of noise control for each pump and for any additional equipment that is included in the Sewage Diversion and Bypass Pumping Plan. 17. Any temporary pipe supports and anchoring requirements. 18. Access plans to all bypass pumping locations. 19. Calculations for selection of bypass pumping pipe size. The calculations shall be stamped by a civil or mechanical engineer licensed in the State of Hawaii. 20. Schedule for installation of and maintenance of bypass pumping lines. 21. Plan indicating location of bypass pumping pipe locations. 22. Emergency plan for adverse weather and flooding for various phases of the work. 23. Plan for providing continuous monitoring of the bypass pumping operation as well as the monitoring persons' qualifications. The monitoring person(s) shall be properly trained, experienced, and mechanically qualified such that they can quickly and effectively address any potential emergency and non -emergency situations associated with the pumps and bypass pumping system that must remain in operation for an extended period. 24. Contingency plan that outlines the actions to be taken in the event that any sewage spills should occur. The contingency plan shall include notification procedures to the County, State Department of Health, and other agencies and authorities as required or directed by the Officer -in -Charge. Lono Kona Sewer Improvements 33 05 30.85-3 SEWER FLOW CONTROL Job No. WW- 25. List of Contractor's emergency contacts in case of adverse weather, flooding, bypass system malfunction, and spills. The list shall include the names, telephone numbers, and email addresses of the Contractor's emergency contacts. B. Traffic Control Plans The Contractor shall prepare and submit for review and approval additional traffic control plans that may be required for his bypassing operation in accordance with the requirements of Section 0155 26 Traffic Control. C. Qualifications The pumping and bypassing contractor/subcontractor shall have successfully performed a minimum of two (2) projects requiring pumping and bypassing of sewer lines of 8 -inch or larger diameter and peak flows larger than 0.5 million gallons per day (MGD). The Contractor shall submit documentation of his meeting this minimum requirement within 14 calendar days of the Notice to Proceed date. The documentation shall include name of project, name and address of owner, owner contact person and phone number, description of pumping and bypass work, quantity of sewage bypassed, critical project constraints, significant environmental concerns, and letters of confirmation and project completion from owner. PART 2 — PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 BYPASS REQUIREMENTS The Contractor shall adhere to the following requirements when performing any work to plug, divert, or pump sewage flows: A. The Contractor shall coordinate the sewer flow control work with the County Department of Environmental Management (DEM) Wastewater Division (WD). The Contractor shall request that the Officer -in -Charge schedule a meeting with the DEM WD representative a minimum of 30 calendar days prior to the commencement of bypass pumping to present the Sewage Diversion and Bypass Pumping Plan. The Contractor shall notify the Officer - in -Charge a minimum of 14 calendar days prior to the commencement of bypass pumping. B. The Contractor shall continuously monitor the sewage water level elevations in cleanouts or manholes upstream and downstream of the Project area and at any discharge manhole where flow is being diverted or pumped to. The Contractor shall obtain approval from the Officer -in -Charge of all monitoring locations prior to commencing the bypassing or diversion of any sewage flows. C. In the event of an emergency, the Contractor shall be capable of immediately removing all plugs, diversion plates, bypass pumps, bypass piping, or any portions of diversion and bypass pumping equipment and materials as may be required. Lono Kona Sewer Improvements 33 05 30.85-4 SEWER FLOW CONTROL Job No. WW- D. Pumping equipment and piping shall be checked for leaks by the Contractor at all times. Leak detection shall be performed any time the bypass pumping system is disassembled, reassembled, or modified. No leaks in the diversion piping shall be permitted. Any fines resulting from sewage spills due to the Contractor's work shall be the total responsibility of the Contractor. E. Where sewer flow controls are used, precautions shall be taken to ensure that sewer water levels do not create backups, damages, or flooding of public or private properties. Damages caused by the Contractor's operations shall be repaired and cleaned by the Contractor at no cost to the County. The Contractor shall also be responsible for the settlement of all claims for damages resulting from his work or actions. F. Sewage flowing by gravity shall not be allowed to flow higher than one foot above the top of the crown of the flowing sewer pipe at any manhole as a result of construction or diversion activities. No diversion shall be implemented or left in place once the sewage level reaches aforementioned limits. G. Contractor shall be responsible for monitoring for high sewage flow conditions and for temporarily suspending his sewage flow control activities if conditions warrant it. The Contractor shall also temporarily suspend his sewage flow control activities if so directed by the Officer -in -Charge. Ongoing Project work that requires sewage flow control shall be suspended until the conditions and the Officer -in -Charge allow for the resumption of the sewage flow control activities. H. Following the completion of each section of sewer line replacement or rehabilitation work, the Contractor shall remove all diversion and bypass pumping equipment and piping and the area shall be restored to its original or better condition. The County will evaluate the restoration work in accordance with the preconstruction photographic documentation specified in Section 01 32 33 Photographic Documentation and provided by the Contractor. Specific details and schemes for sewage bypassing (including bypassing of laterals from all properties) are left to the discretion and judgment of the Contractor. Where required, the Contractor shall prepare additional required traffic control plans and obtain the necessary approvals at the Contractor's expense with no additional compensation. A trial diversion shall be performed one day before beginning the gravity sewer line work unless otherwise directed by the Officer -in -Charge. Trial diversion shall continue for two (2) consecutive hours in the presence of the Officer -in -Charge. The Contractor shall provide seven (7) calendar days notice to the Officer -in -Charge prior to the trial diversion. K. Pumping equipment and piping shall be leak tested with potable water prior to trial diversion at one and one-half (1.5) times maximum working pressure for one (1) hour. Leak testing shall be performed any time the diversion pumping system is disassembled, reassembled, or modified. L. The Contractor must exercise care to prevent damage to existing structures. Discharge piping to gravity sewer systems shall be designed in such a manner as to prevent discharge from contacting manhole walls or benching and full discharge shall go into downstream pipe with as minimal turbulence as possible. The Contractor is responsible Lono Kona Sewer Improvements 33 05 30.85-5 SEWER FLOW CONTROL Job No. WW- for repairing any damage to manholes to the satisfaction of the Officer -in -Charge. It may be necessary to remove the manhole cone to provide sufficient space for the bypass piping. If this is required, the Contractor shall be responsible for any damage to existing manhole components. 3.02 MEASUREMENT AND PAYMENT A. The cost of the work covered under this specification, including Sewage Diversion and Bypass Pumping Plan, temporary bypass piping and pumps, pipe plugs, bypassing at sewer laterals (including locating and exposing cleanouts), temporary trenches (including pavement demolition, excavation, backfill, trench covers, temporary and permanent AC pavement), electrical and standby power/pumps, monitoring, spill containment/mitigation, temporary erosion control measures, all related restoration work, in place complete, shall be paid at the lump sum price bid for Sewer Bypass in the Bid Form. **END SECTION** Lono Kona Sewer Improvements 33 05 30.85-6 SEWER FLOW CONTROL Job No. WW- SECTION 33 05 31.11 POLYVINYL CHLORIDE GRAVITY SEWER PIPE PART 1 - GENERAL 1.01 DESCRIPTION The Contractor shall provide all labor, supervision, tools, materials, equipment, and transportation for the installation of gasketed joint, polyvinyl chloride (PVC) sewer piping and fittings. 1.02 REFERENCES ASTM D3034 Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings ASTM D3212 Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals ASTM F679 Poly(Vinyl Chloride) (PVC) Large -Diameter Plastic Gravity Sewer Pipe and Fittings Departments of Public Works (DPW) for the State of Hawaii. Standard Details for Public Works Construction Departments of Public Works (DPW) for the State of Hawaii. Standard Specifications for Public Works Construction 1.03 SUBMITTALS The Contractor shall submit shop drawings, brochures, installation instructions and certifications to the County for approval within 30 calendar days after the Notice to Proceed: A Certifications Certifications shall include manufacturer's certification that all PVC pipe and fittings used for the gravity sewer lines for the Contract meet the minimumrequirements set forth in the Contract Documents and in standards nationally adopted by the industry for gasketed joint PVC sewer pipe in accordance with the referenced standards, which may include, but not be limited to, PVC cell classification, elastomeric gasketed bell and spigot joint, size, shape, strength, chemical resistance, and pressure rating. B As -Built Drawings Prior to acceptance of the work, the Contractor shall furnish lathe County two (2) sets of "As - Built" drawings of the gravity sewer line installation, accurately drawn to scale, with all items (including, but not limited to laterals) identifiedby name and symbol, all inverts indicated, and including anyotherinformation required by the County. The work shallnotbe accepted until the "As -Built" drawings have been approved by the County. The Contractor shall be responsible for all revisions to the "As -Built" drawings required by the County prior to approval. PART 2 - PRODUCTS Lono Kona Sewer Improvements 33 05 31.11-1 POLYVINYL CHLORIDE GRAVITY PIPE Job No. WW- 2.01 POLYVINYL CHLORIDE PIPE AND FITTINGS A. Gravity sewer pipes and fittings ranging from 4 inches to 15 inches in diameter shall be PVC pipe in compliance with ASTM D3034. Gravity sewer pipes and fittings ranging from 18 inches to 36 inches in diameter shall be PVC pipe in compliance with ASTM F679. B. All joints shall be of the elastomeric type to provide a watertight seal in accordance with ASTM D3212. C. PVC pipe and fittings for the gravity sewer lines for this Project shall be installed in accordance with the requirements of the pipe manufacturers and the Contract Documents including this section and as directed by the County. D. The Contractor shall visually inspect and test all pipes, fittings and appurtenances prior to the installation and shall assume full responsibility for the soundness of the pipes, fittings and appurtenances installed. E. Trench excavation and crushed rock bedding shall be as specified in Section 3123 00, Excavation and Fill. F. The Contractor shall backfill the trench as indicated on the plans and specified in Section 3123 23.33 Controlled Low Strength Material. G. The Contractor shall inspect each pipe and fitting before and after installation; replace those founddefective and remove from the Project site. H. Pipes shall be laid as specified in the Plans. Bending of PVC pipes will not be allowed. Provide batterboards not more than 15 feet apart in trenches for checking and ensuring that pipe invert elevations are as indicated. Laser beam method may be used in lieu of batterboards for the same purpose. The use of concrete blocks and woodwedges to adjust the pipe to proper line andgrade is prohibited. The pipe shall be uniformly supported along its entire length. Laying ofpipe shall commence at the lowest point, with the spigots facing in the direction of flow. Pipe shallbe fitted together and matched so that when laid, it will form a sewer with a smooth and uniform invert. The interior of the sewer pipe and fittings shall be cleared of all dirt, joint compound, and superfluous or foreign material as the work progresses. Exposed ends of sewers shallbe closed with approved temporary covers to prevent water, earth and debris from entering the pipe before leaving the work for the night. Should water, mud, and/or any other material enter any joint after a pipe has been laid in the trench, the joints thus affected shall be opened either by removal of the pipes or by pulling the joints apart, and the joint thoroughly cleaned and replaced. Pipes which become submerged in water during the night shall be carefully checked each morning, and pipes found "floated" from their proper positions shall be re-laid by the Contractor at his own expense. Wyes for laterals shall be installed where shown on the Plans. For service laterals, rotate bends as required to minimize the need for deflection at fittings and couplings. Service laterals shall have uniform slope and straight alignment between the fittings and couplings used to connect to the main sewer and private property sewer lateral. The Contractor shall provide at his expense additional fittings, special couplings, adapters, and other items of work not specified or shown to perform the lateral connection work. Lono Kona Sewer Improvements 33 05 31.11-2 POLYVINYL CHLORIDE GRAVITY PIPE Job No. WW- PART 3 - EXECUTION 3.01 INSTALLATION A. The Contractor shall be responsible for maintaining all existing sewer services and for any fines, damage, and/or cleanup costs caused by sewage spills or backups. Temporary sewer laterals or bypass pumping shall be provided as required where existing laterals must be repaired. B. Pipe bedding shall be installed in accordance with the sewer line bedding recommendations in the geotechnical report. C. Because ofthe nature ofPVC pipe, the Contractor shall exercise appropriate care in handling, loading, unloading, and storing such pipe to avoid damage. Before use, the pipe shall be properly stored per the manufacturer's recommendations. During transportation, vehicles with beds long enough to allow the lengths of pipe to lay flat shall be used. Defective pipe shall not be accepted. Allpipes shall be covered with a minimum of inches of an approved backfill material within 24 hours ofbeing placed in the trench. D. All burrs and rough edges from cutting, grinding, filing or from the manufacturing process shall be sanded smooth to provide a smooth interior pipe surface. Any protrusions, abrupt changes and rough surfaces inside the pipe must be avoided to prevent accumulation of debris that leads to sewer clogging and increased maintenance. On downstream ends of connections to fittings, the inside edges of the spigot end of the pipe that is inserted into the fitting shall be rounded (minimum 1/8 -inch radius) and sanded to minimize snagging of debris. E. Prior to the installation of a section of pipe, the circumference of the spigot end shall be marked to show the depth of the bell of the pipe. Upon proper embedding of the spigot end of the pipe against the bell, the pipe shall be jacked "home" to the preset mark on the pipe. Pipe shall not be over -inserted. The fitting or bell section connected to an over -inserted pipe shall be rejected and replaced by the Contractor at no additional cost to the County. 3.02 CONSTRUCTION SURVEYING A. All pipe installation greater than 20 feet in length will require surveying at each pipe joint to ensure pipe maintains proper slope. B. Contractor shall survey existing upstream and downstream manholes to verify pipe inverts and pipe slopes. Existing invert and pipe slope information shall be submitted to the County for review prior to any excavation. 3.03 TESTING A. Deflection limits shall be field tested by pulling a mandrel through the pipe after installation. Mandrel diameter shall be equal to 90 percent of the base inside diameter per ASTM D3034 or F679. Any pipe sections that fail the mandrel test shall be reinstalled and retested until pipe section passes the test, at no additional cost to the County. B. Leakage tests shall comply with the requirements of Section 21.31). of the Standard Specifications for Public Works Construction. Lono Kona Sewer Improvements 33 05 31.11-3 POLYVINYL CHLORIDE GRAVITY PIPE Job No. WW- C. If leakage, as shown by the testing, exceeds the allowable amount, the Contractor shall do everything necessary to locate, uncover, and repair or replace the leaking or defective pipe, fitting, or joint, all at his own expense and without extension of time for completion of the work. Additional tests and repairs shall be made until the section passes the specified test. The Contractor shall repair all visible leaks, regardless of the limits of the leakage tests. This paragraph shall not apply to the leakage test of the existing dry sewer. D. The existing dry sewer shall be tested for leaks as indicated on the Plans. The Contractor shall prepare a report of the results of the leakage test and submit the report to the County for review. The report shall include but not be limited to the following information: a list of the Contractor personnel that conducted the test; a list of all equipment, materials, and supplies used to conduct the test; a description of the test methodology; date and time of the test; weather conditions during the test; and test results. 3.04 BURIED WARNING AND IDENTIFICATION TAPE Provide polyethylene plastic and metallic core or metallic -faced, acid -and alkali- resistant, polyethylene plastic warning tape manufactured specifically for warning and identification ofburied utility lines. Provide tape on rolls, 3 -inch minimum width, green in color, for the intended utility with warning and identification imprinted in bold black letters continuously over the entire tape length. Warning and identification to read, "CAUTION, BURIED SEWER LINE BELOW" or similar wording. Color and printing shall be permanent, unaffected by moisture or soil. The polyethylene plastic tape shallhave aminimum thickness of 0.004 inch. Tape shall have a minimum strength of 1,500 psi lengthwise and 1,250 psi crosswise. Tape shall be manufactured with integral wires, foil backing, or other means of enabling detection by a metal detector when tape is buried up to 3 feet deep. Encase metallic element of the tape in a protective jacket or provide with other means of corrosion protection. Whenever a new roll of warning tape is required to be jointed to the end of an existing roll, the splice shall be made by overlapping the two ends aminimum of inches and taping the entire overlapped section with duct tape. 3.04 MEASUREMENT AND PAYMENT A. Measurement for the lengths of sanitary sewers shall be the actual number of linear feet of pipe, installed in place, as determined by horizontal measurements. Payment for the sanitary sewers, as measured above, shall be made at the respective unitprices bid per linear foot as scheduled in the Bid Form, and shall include, as applicable, pipe, fittings, waming/identification tape, leakage testing, cleaning, mandrel tests, manhole connections, annulus grouting, and all otherwork required, in place complete. B. Measurement and payment of connections to existing sewer manholes shall be made at the unit prices bid as listed in the Bid Form and shall include all pipe, fittings, warning/identification tape, channelization, manhole connections, annulus grouting, labor, materials, supplies, equipment, leakage testing, and appurtenances to complete the work in place complete. C. Measurement and payment of sewer lateral connections shall be made at the unit prices Lono Kona Sewer Improvements 33 05 31.11-4 POLYVINYL CHLORIDE GRAVITY PIPE Job No. WW- bid as listed in the Bid Form and shall include all pipe, fittings, warning/identification tape, manhole connections, annulus grouting, labor, materials, supplies, equipment, leakage testing, and appurtenances to complete the work in place complete. D. Measurement and payment of the existing dry sewer test and report shall be made at the lump sum price bid as listed in the Bid Form and shall include all pipe, fittings, labor, materials, supplies, equipment, leakage testing, and appurtenances to complete the work in place complete. **END SECTION** Lono Kona Sewer Improvements 33 05 31.11-5 POLYVINYL CHLORIDE GRAVITY PIPE Job No. WW- SECTION 33 05 61 SEWER MANHOLES PART 1 - GENERAL 1.01 DESCRIPTION: This work shall consist of furnishing all materials, labor, equipment and incidentals necessary for the construction of sewer manholes. Manholes shall conform to Section 23, SEWER MANHOLES, of the "Standard Specifications for Public Works Construction," September 1986, and as supplemented or modified in the Plans or specifications herein. 1.02 RELATED SECTIONS SECTION 0133 00 SUBMITTAL PROCEDURES SECTION 33 01 30.83 PLASTIC LINING FOR CONCRETE MANHOLES 1.03 SUBMITTAL A. The following shall be submitted in accordance with Section 0133 00. 1. Shop Drawing for Sewer Manholes 2. Manufacturers' product certification and data for Concrete Mix Design, Frame and Cover, Rungs, Pipe Connect Gasket Seal, Butyl Rubber Mastic Strip/Caulking. PART 2 - PRODUCTS 2.01 MATERIALS A. PRECAST CONCRETE MANHOLES: Precast concrete manhole sections shall conform to the requirements of ASTM C478. Cement shall be ASTM C150, Type IL Minimum wall thickness for non -reinforced sections shall be 6 inches. Minimum wall thickness for reinforced sections shall be 5 inches. Manhole sections shall be lap jointed and sealed together by an approved butyl rubber mastic strip/caulking. Shallow drop manholes shall have eccentric cone sections. Manhole cone sections shall be lap jointed and sealed to riser sections by an approved butyl rubber mastic strip/caulking. B. LINING OF MANHOLES: Lono Kona Sewer Improvements 33 05 61-1 SEWER MANHOLES Job No. WW- All drop manholes, inside drop manholes, shallow drop manholes, and manholes for sewer mains 12 inches or greater in diameter, shall be provided with PVC lining in accordance to Section 33 01 30.83 of these specifications. C. MANHOLE RUNGS: Manhole rungs shall conform to the requirements of ASTM A615 and C478. Plastic coating shall conform to the requirements of ASTM D4101. Manhole Type SA rungs shall be of 3/4 -inch diameter Type 304 stainless steel. Manhole Type SE or Type SP rungs shall be corrosion resistant "Manhole Step No. 93810" (by BOWCO Industries), "Manhole Step PSI -PF" (by M. A. Industries Inc), or approved equal. D. MANHOLE SEWER PIPE CONNECTIONS: Sewer pipe connections shall be made with a resilient water tight manhole gasket (i.e. A -Lok Gasket manufactured by A -Lok Products Inc., Econoseal manufactured by Press -Seal Gasket Corp., or approved equal). The pipe entry gasket installation shall be in accordance with the manufacturer's recommendations. PART 3 - EXECUTION 3.01 SAFETY: The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) and Hawaii Occupational Safety and Health (HIOSH) requirements and specifically those pertaining to entering and working in confined spaces and excavating at the depths required. Workers shall be experienced and suitably equipped to work in potentially hazardous environments. 3.02 MANHOLES: When pre -cast walls are used, the height adjustment shall be in the base section. Manhole frame brick and mortar final adjustments to grade shall not exceed 3 inches in height. Manholes located in unpaved areas shall be provided reinforced concrete collars installed to grade or as directed by the Engineer. The concrete collars shall be Class `B" concrete reinforced with 93 steel reinforcement as shown by detail and/or approved shop drawing. The concrete collars shall be 42" x 42" x 6" for Type SA frames, 54" x 54" x 6" for Type SB frames. The pre -cast manhole riser section shall be cast with openings whenever sewer pipes must pass through. Openings in manhole walls shall be patched with epoxy grout when required. Lono Kona Sewer Improvements 33 05 61-2 SEWER MANHOLES Job No. WW- Manhole walls of reinforced concrete shall be to a height 1 foot above normal groundwater table. 3.03 MEASUREMENT AND PAYMENT A. Measurement and payment for excavation and backfill for manholes will be made at the unit bid price for Trench Excavation and Backfill as scheduled in the Bid Form. B. Sewer manholes shall be measured and paid for at the unit prices bid as listed in the Bid Form and shall be full compensation for the manhole structure in-place complete, including reinforced concrete base and walls, drop connection(s) where required, sewer pipe connections, riser, cone, epoxy coating where required, plastic lining where required, grade adjustment ring(s), frame and cover, channelized inverts, testing, and all necessary labor, materials, and equipment. * * * END OF SECTION * * * Lono Kona Sewer Improvements 33 05 61-3 SEWER MANHOLES Job No. WW- SECTION 33 05 71 SEWER CLEANOUTS PART 1 - GENERAL 1.01 DESCRIPTION: This work shall consist of furnishing all materials, labor, equipment and incidentals necessary for the construction of sewer cleanouts as shown in the Plans. 1.02 RELATED SECTIONS SECTION 33 05 31.11 POLYVINYL CHLORIDE GRAVITY SEWER PIPE PART 2 - PRODUCTS 2.01 MATERIALS A. POLYVINYL CHLORIDE GRAVITY SEWER PIPE AND FITTINGS Sewer cleanouts shall be constructed of PVC gravity sewer pipe and fittings. Fittings shall consist of standard wye and 1/8 bends. One quarter bends shall not be used. Saddle wyes shall not be used unless authorized by the County B. Cleanouts shall be capped with a removable brass plug. Cleanouts brought to grade shall be level with pavement or provided with a concrete collar if in landscaped areas. PART 3 - EXECUTION 3.01 TESTING Sewer cleanouts shall be tested with the sewer pipe in accordance with SECTION 33 05 31.11. 3.02 MEASUREMENT AND PAYMENT All work covered under this specification shall not be measured and paid for directly but shall be considered incidental and included in the bid prices for the various items listed in the Bid Form. * * * END OF SECTION * * * Lono Kona Sewer Improvements 33 05 71-1 SEWER CLEANOUTS Job No. WW- DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII SPECIFICATIONS FOR LONG KONA SEWER IMPROVEMENTS WASTEWATER DIVISION DEPARTMENT OF ENVIRONMENTAL MANAGEMENT JOB NO. WW- TMK: 7-5-003:22, 25, 26 7-5-004:36, 47-49 7-5-022: 53, 56, 59, 60, 62-64, 69, 71, 75, 76, 78-171 KAILUA-KONA, HAWAII COUNTY OF HAWAII EXHIBIT "B" Table of Contents Bidding_Requirements Pages Advertisement for Bids.................................................................................... EJCDC C-111 1 to 3 Instructions to Bidders.............................................................................. EJCDC C-200 iii, 1 to 24 Bid Form.................................................................................................... EJCDC C-410 ii, 1 to 10 BidBond.......................................................................................................... EJCDC C-430 1 to 2 Contract Documents Noticeof Award...................................................................................................... EJCDC C-510 1 Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)........................................................................................... EJCDC C-520 1 to 11 Standard General Conditions of the C-2.1 Construction Notes - 3................................................................................................. Construction Contract.......................................................................... EJCDC C-700 i to v, 1 to 65 Supplementary Conditions.............................................................................. EJCDC 800 i, 1 to 25 Performance Bond........................................................................................... EJCDC C-610 1 to 3 Payment Bond.................................................................................................. EJCDC C-615 1 to 3 Application for Payment.................................................................................. EJCDC C-620 1 to 4 Change Order Form................................................................................................ EJCDC C-941 1 Notice to Proceed.................................................................................................... EJCDC C-550 1 Certificate of Substantial Completion..................................................................... EJCDC C-625 1 Compliance Statement................................................................................ Form RD 400-6 2 pages Certification Regarding Debarment, Suspension, Ineligibility and C-12 Plan and Profile Sewer Line B Sta 4+50 to Sta 9+00 ................................................. Voluntary Exclusion Lower Tier Covered Transactions .............................Form AD -1048 2 pages Certification for Contracts, Grants, and Loans .............Exhibit A-1 RD Instruction 1940-Q 1 Page ConstructionProject Sign.......................................................................................................1 page Certificate of Owner's Attorney........................................................ RUS Bulletin 1780-26 1 page Engineer's Certification of Final Plans and Specifications ............... RUS Bulletin 1780-26 1 page Lono Kona Sewer Improvements Plans dated 08/11/2017 (Bound Separatel T-1 Title Sheet....................................................................................................................... 1 of 43 C-1 Construction Notes - 1.................................................................................................... 2 of 43 C-2 Construction Notes - 2.................................................................................................... 3 of 43 C-2.1 Construction Notes - 3................................................................................................. 4 of 43 C-3 General Site Plan............................................................................................................. 5 of 43 C-4 Erosion Control Plan....................................................................................................... 6 of 43 C-5 Erosion Control Notes and Details................................................................................. 7 of 43 C-6 Plan and Profile Sewer Line A Sta 0+00 to Sta 4+50 ..................................................... 8 of 43 C-7 Plan and Profile Sewer Line A Sta 4+50 to Sta 9+00 ..................................................... 9 of 43 C-8 Plan and Profile Sewer Line A Sta 9+00 to Sta 13+50 ................................................. 10 of 43 C-9 Plan and Profile Sewer Line A Sta 13+50 to Sta 18+00 ............................................... 11 of 43 C-10 Plan and Profile Sewer Line A Sta 18+00 to End ....................................................... 12 of 43 C-11 Plan and Profile Sewer Line B Sta 0+00 to Sta 4+50 ................................................. 13 of 43 C-12 Plan and Profile Sewer Line B Sta 4+50 to Sta 9+00 ................................................. 14 of 43 C-13 Plan and Profile Sewer Line B Sta 9+00 to End ......................................................... 15 of 43 C-14 Plan and Profile Sewer Line C Sta 0+00 to Sta 4+00 ................................................. 16 of 43 C-15 Plan and Profile Sewer Line C Sta 4+00 to End ......................................................... 17 of 43 C-16 Plan and Profile Sewer Line C-1 Sta 0+00 to End ..................................................... 18 of 43 C-17 Plan and Profile Sewer Line D Sta 0+00 to Sta 4+50 ................................................. 19 of 43 C-18 Plan and Profile Sewer Line D Sta 4+50 to Sta 9+00 ................................................. 20 of 43 C-19 Plan and Profile Sewer Line D Sta 9+00 to Sta 13+50 ............................................... 21 of 43 C-20 Plan and Profile Sewer Line D Sta 13+50 to End ....................................................... 22 of 43 C-21 Plan and Profile Sewer Line E Sta 0+00 to Sta 4+00 ................................................. 23 of 43 C-22 Plan and Profile Sewer Line E Sta 4+00 to Sta 8+50 ................................................. 24 of 43 C-23 Plan and Profile Sewer Line E Sta 8+50 to Sta End ................................................... 25 of 43 C-24 Pavement Restoration Plan - 1.................................................................................... 26 of 43 C-25 Pavement Restoration Plan - 2.................................................................................... 27 of 43 C-26 Pavement Restoration Plan - 3.................................................................................... 28 of 43 C-27 Pavement Restoration Plan - 4.................................................................................... 29 of 43 C-28 Pavement Restoration Plan - 5.................................................................................... 30 of 43 C-29 Pavement Restoration Plan - 6.................................................................................... 31 of 43 C-30 Pavement Restoration Plan - 7.................................................................................... 32 of 43 C-31 Pavement Restoration Plan - 8.................................................................................... 33 of 43 C-32 Pavement Restoration Plan - 9.................................................................................... 34 of 43 C-33 Pavement Restoration Plan - 10.................................................................................. 35 of 43 C-34 Signing and Striping Plan........................................................................................... 36 of 43 C-35 Typical Roadway Sections.......................................................................................... 37 of 43 C-36 Traffic Control Plan - 1............................................................................................... 38 of 43 C-37 Traffic Control Plan - 2............................................................................................... 39 of 43 C-38 Traffic Control Plan - 3............................................................................................... 40 of 43 C-39 Traffic Control Plan - 4............................................................................................... 41 of 43 C-40 Traffic Control Plan - 5............................................................................................... 42 of 43 C-41 Miscellaneous Details - 1............................................................................................ 43 of 43 C-41 Miscellaneous Details-2............................................................................................. 44 of 43 C-43 Wastewater Std Dtls - 1.............................................................................................. 45 of 43 C-44 Wastewater Std Dtls - 2.............................................................................................. 46 of 43 Specifications (Bound Separately) Division 0100 00 General Requirements Section 01 11 00 Summary of Work Section 01 32 16 Construction Pt:egt:ess Schedule Section 0132 33 Photographic Documentation Section 01 33 00 Submittal Procedures Section 01 35 29 Safety and Health Section 01 41 26 Permit Requirements Section 0145 00 Quality Control Section 01 55 26 Traffic Control Section 01 55 29 Staging Areas Section 0157 00 Temporary Water Pollution, Dust, and Erosion Control Section 0166 00 Product Storage and Handling Requirements Section 01 78 39 Project Record Documents Division 02 00 00 Existing Conditions Section 02 21 13.23 Archaeological Monitoring Section 02 41 00 Demolition Division 03 00 00 Concrete Section 03 10 00 Concrete Formwork Section 03 20 00 Concrete Reinforcement Section 03 30 00 Cast -in -Place Concrete Section 03 40 00 Precast Concrete Section 03 60 00 Grouting Division 3100 00 Earthwork Section 3123 23.33 Controlled Low -Strength Material (CLSM) Division 32 00 00 Exterior Improvements Section 32 12 16 Asphalt Paving Division 33 00 00 Utilities Section 33 01 30.11 Television Inspection of Sewers Section 33 01 30.41 Cleaning of Sewers Section 33 01 30.42 Cleaning of Manholes Section 33 0130.72 Cured -in -Place Lining Section 33 0130.81 Manhole Rehabilitation Section 33 05 31.11 Polyvinyl Chloride Gravity Sewer Pipe Section 33 05 61 Sewer Manholes Section 33 05 71 Sewer Cleanouts COUNTY OF HAWAII, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT KAILUA-KONA, HAWAII LONO KONA SEWER IMPROVEMENTS ADVERTISEMENT FOR BIDS Sealed Bids for the construction of the Lono Kona Sewer Improvements will be received, by the Administration Office, Department of Public Works, at the Aupuni Center, 101 Pauahi Street, Suite 7, Hilo, Hawaii 96720-4224 until 2:00 pm local time on [insert date for receipt of Bids], at which time the Bids received will be publicly opened and read aloud. Bids received after the time fixed for opening will not be considered. The Project consists of constructing new gravity sewer lines in the Lono Kona subdivision and directly adjacent commercial, church, and daycare properties . The project has an estimated construction cost of $xxx,xxx and is funded by the U.S. Department of Agriculture. To be eligible to submit a bid, the Bidder must possess a valid State of Hawaii, General Contractor's license. See Instructions to Bidders for licensing requirements. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis, with additive alternate bid items as indicated in the Bid Form. The Issuing Office for the Bidding Documents is: Administration Office, Department of Public Works, Aupuni Center, 101 Pauahi Street, Suite 7, Hilo, Hawaii 96720-4224. For additional information on this project contact, Dora Beck at (808) 961-8338 or Dora. Beck@hawaiicounty.gov Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 8:00 a.m. to 4:00 p.m. , and may obtain copies of the Bidding Documents from the Issuing Office as described below. Bidding Documents also may be examined by Prospective Bidders at the Administration Office, Department of Public Works, Hilo, Hawaii Mondays through Fridays between the hours of 8:00 a.m. to 4:00 p.m.. One (1) compact disc containing the plans and specifications may be obtained from the Administration Office, Department of Public Works, Aupuni Center, 101 Pauahi Street, Suite 7, Hilo, Hawaii 96720-4224 at no charge to the company. Any additional compact discs will be provided upon receipt of TWENTY-FIVE DOLLARS ($25.00) per compact disc, in cash or in the form of a certified check, cashier's check, or company check, made payable to the County of Hawaii, Director of Finance, which will be non-refundable. Prospective Bidders shall use the printed proposal provided by the Department of Public Works and submit their bid proposal in a sealed envelope. Addenda, if issued for said project, will only be available on the State and County Procurement Notices website - http://hawaii.gov/spo/notices. Prospective Bidders must file with the Director of Public Works their "Intent to Bid." The Prospective Bidder's Intent to Bid must be received by the Administration Office, Department of Public Works no later than 4:30 p.m., ten (10) calendar days prior to the bid opening date. If the tenth day is on a Saturday, Sunday, or a State holiday, the notice of intention is due on the next working day following the due date. The Intent to Bid form is available at the Administration Office, Department of Public Works, Phone: (808) 961-8321 and for electronic download at the Department of Public Works' website: http://www. hawa i icou nty.gov/bids-proposa Is -contracts. The original executed and notarized Qualifications Statement (EJCDC° C-451) must be received by the Administration Office, Department of Public Works, no less than FORTY-EIGHT (48) hours prior to the 2:00 p.m. bid opening so it may be evaluated and approved by the County of Hawaii, Department of Public Works prior to bid opening. Please submit said form to allow for evaluation and approval by our EJCDC® C-111-1 office if such form had not been evaluated, approved and filed within the TWELVE (12) months, if there is any change in your previous responses as they relate to this project, or if additional information is requested. The SQQO form is available in hardcopy at the Administration Office, Department of Public Works, Phone: (808) 961-8321 and for electronic download at the Department of Public Works' website: http://www.hawaiicounty.gov/bids-proposals-contracts. A pre -Bid conference will be held at [insert time] local time on [insert date] at the West Hawaii Civic Center Building C, 15T Floor, Plan Review Conference Room, 74-5044 Ane Keohokalole Highway, Kailua- Kona, Hawaii 96740. Attendance at the pre-bid conference is highly encouraged but is not mandatory. Subcontractors and union representatives are invited, but not required to attend. The conference is to provide bidders/offerors with an opportunity to ask questions about the contractual requirements and all technical aspects of the project. A site visit will follow the pre-bid conference. Due to the nature of this project, all prospective bidders/offerors are strongly encouraged to attend the pre-bid conference and site visit. The bid opening and pre-bid meeting(s) required for this project (if any, as set forth above) are scheduled at venues that are accessible to persons with disabilities. To request an auxiliary aid or for language interpretation services, please contact the Department of Public Works at (808) 961-8321 no less than five (5) working days prior to the established meeting date(s). The Director of Public Works reserves the right to reject any or all bids to waive informalities. No Bidder may withdraw its bid after the hour set for the opening thereof or before the award of the contract, unless said award is delayed for a period exceeding ninety (90) consecutive calendar days. County of Hawaii is an Equal Opportunity Provider and Employer. Bid security shall be furnished in accordance with the Instructions to Bidders. Bids will be accepted only from Bidders prequalified by the Owner. See Specifications for prequalification requirements. Bidders shall submit proof of qualifications to perform the Work as described in the Instructions to Bidders. Owner: County of Hawaii By: [Name of individual authorized to issue notices] Title: Director of Public Works Date: [Date of initial publication of Advertisement] ++ END OF ADVERTISEMENT FOR BIDS ++ EJCDC® C-111-2 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page ARTICLE1— Defined Terms........................................................................................................................... 1 ARTICLE 2 — Copies of Bidding Documents...................................................................................................1 ARTICLE 3 — Qualifications of Bidders...........................................................................................................1 ARTICLE 4 — Site and Other Areas; Existing Site Conditions; Examination of Site; Owner's Safety Program; OtherWork at the Site.................................................................................................................................. 3 ARTICLE 5 — Bidder's Representations.......................................................................................................... 5 ARTICLE 6 — Pre -Bid Conference................................................................................................................... 6 ARTICLE 7 — Interpretations and Addenda.................................................................................................... 6 ARTICLE8 — Bid Security............................................................................................................................... 7 ARTICLE9 — Contract Times.......................................................................................................................... 7 ARTICLE 10 — Liquidated Damages................................................................................................................ 7 ARTICLE 11— Substitute and "Or -Equal" Items............................................................................................. 7 ARTICLE 12 — Subcontractors, Suppliers, and Others................................................................................... 8 ARTICLE 13 — Preparation of Bid................................................................................................................... 8 ARTICLE 14 — Basis of Bid.............................................................................................................................. 9 ARTICLE 15 — Submittal of Bid.....................................................................................................................10 ARTICLE 16 — Modification and Withdrawal of Bid.....................................................................................10 ARTICLE 17 — Opening of Bids.....................................................................................................................11 ARTICLE 18 — Bids to Remain Subject to Acceptance.................................................................................11 ARTICLE 19 — Evaluation of Bids and Award of Contract............................................................................11 ARTICLE 20 — Bonds and Insurance.............................................................................................................11 ARTICLE 21— Signing of Agreement............................................................................................................12 ARTICLE 22 — General excise and Use Taxes...............................................................................................12 ARTICLE 23 — Contracts to be Assigned......................................................................................................12 ARTICLE 24 — Federal Requirements...........................................................................................................12 EJCDC® C-2004 ARTICLE 1— DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office —The office from which the Bidding Documents are to be issued. ARTICLE 2 — COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. 2.02 Complete sets of Bidding Documents shall 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 authorize or confer a license for any other use. ARTICLE 3 — QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A. Evidence of Bidder's authority to do business in the state where the Project is located. All Bidders shall submit Qualifications Statement (EJCDC° C-451) and Contractor's Experience Form contained within EJCDC° C-451with the bid package. Failure to submit the required statement and form will result in a determination that the bid is a NON-RESPONSIVE bid and rejection of the bid proposal. B. Bidder's state or other contractor license number. C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, "Subcontractors, Suppliers, and Others." D. "A" general engineering contractors and "B" general building contractors are reminded that due to the Hawaii Supreme Court's January 28, 2002, decision in Okada Trucking Co., Ltd. v. Board of Water Supply, et al., 97 Haw. 450 (2002), they are prohibited from undertaking any work, solely or as part of a larger project, which would require the general contractor to act as a specialty contractor in any area where the general contractor has no license. Although the "A" and "B" contractor may still bid on and act as the "prime" contractor on a "A" or "B" project (See, HRS § 444-7 for the definitions of an "A" and "B" project.), respectively, the "A" and "B" contractor may only perform work in the areas in which they have the appropriate contractor's license (An "A" or "B" contractor obtains "C" specialty contractor's licenses either on its own, or automatically under HAIR § 16-77-32.). The remaining work must be performed by appropriately licensed entities. It is the sole responsibility of the contractor to review the requirements of this project and determine the appropriate licenses that are required to complete the project." E. Bidders must possess a valid "A" General Engineering license and the specialty licenses included in the paragraph 3.01F"Minimum Contractor Licensing Requirements for Project" have been determined by the County to be required. EJCDC® C-200-1 1. Contractor Licensing requirements for the project will be discussed during the mandatory pre -Bid conference for the project on the date and time established by the Advertisement for Bids. a. Anyone who disagrees with the "Minimum Contractor Licensing Requirements for Project" shall raise objections during the mandatory pre -Bid conference or submit written comments no later than ten (10) consecutive calendar days prior to bid opening. 2. Failure to list Sub -contractors having valid licenses in accordance with the "Minimum Contractor Licensing Requirements for Project" will result in automatic disqualification of the bid as a non-responsive bid. 3. The "1% Rule" as it is commonly referred to regarding work requiring specialty licenses is a discretionary waiver mechanism and is not grounds for an automatic waiver. The County has no intention of granting discretionary waivers for bids failing to list Sub- contractors in accordance with the "Minimum Contractor Licensing Requirements for Project". F. Minimum Contractor Licensing Requirements for Project License Descriptidn Comment/Remarks Asphalt paving and surfacing • Covered by "A" General Engineering C-3 Contractor Contractor License C-17 Excavating, grading, and trenching • Covered by "A" General Engineering Contractor License • Covered by "A" General Engineering C-3 la Cement Concrete Contractor Contractor License Sewer, sewage disposal, drain, and • Covered by "A" General Engineering C-43 pipe laying Contractor Contractor License 1. Reference: (a)HAR Title 16, Chapter 77, Contractors; (b) Okada Trucking Ruling 2. The above list provides the minimum Contractor licensing requirements for the project and reflects the County's current understanding of the relevant licensing requirements. As per the Special Notice to Bidders it is the sole responsibility of the contractor to review the requirements of the project and determine the appropriate licenses that are required to complete the project and to determine if additional specialty licenses will be required for performance of the work. 3. The Contractor is advised that any disagreements with the above listing regarding Contractor Licensing Reauirements reauired for Derformance of the work to comDlete this project shall be made during the pre -Bid conference or by submitting written comments no later than ten (10) consecutive calendar days prior to bid opening. G. Responsibility of Offerors - Offeror is advised that if awarded a contract under this solicitation, Offeror shall, upon award of the contract, furnish proof of compliance with the requirements of §103D -310(c), HRS: 1. Chapter 237, tax clearance; 2. Chapter 383, unemployment insurance; 3. Chapter 386, workers' compensation; EJCDC® C-200-2 4. Chapter 392, temporary disability insurance; 5. Chapter 393, prepaid health care; and 6. One of the following: a. Be registered and incorporated or organized under the laws of the State, hereinafter referred to as a "Hawaii business"; or b. Be registered to do business in the State, hereinafter referred to as a "compliant non -Hawaii business." C. Refer to the Award of Contract provision herein for instructions on how to comply with the above requirements. H. Campaign Contributions by State and County Contractors are prohibited, pursuant to Hawaii Revised Statutes (HRS) §11-355. If awarded a contract in response to this solicitation, offeror agrees to comply with HRS §11-355, which states that campaign contributions are prohibited from a State and County government contractor during the term of the contract if the contractor is paid with funds appropriated by the legislative body between the execution of the contract through the completion of the contract. Hawaii Revised Statutes, Chapter 103B - Employment of State Residents on Construction Procurement Contracts, As Amended, By Act 192 SLH 2011. HRS Chapter 103B, unless its application is in conflict with any federal law or will disqualify the County from receiving federal funds or aid, shall apply to this contract. It requires the Contractor and applicable subcontractor(s) to perform its contract with a workforce of which not less than eighty percent (80%) are Hawaii residents. Reference Supplementary Conditions SC 7.02 for specific requirements. J. Code of Ethics - If you are an officer or employee of the County of Hawaii, or a business in which an officer or employee or officer or employee's immediate family has a controlling interest, the provisions of Hawaii County Code §2-83(c) must be complied with before a contract for goods or services may be entered into with any County agency. 3.02 A Bidder's failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder's qualifications. 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 — SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER'S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of- way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions EJCDC® C-200-3 1. The Supplementary Conditions identify: a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). C. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. 4. Geotechnical Baseline Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR). The GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations ("Baseline Conditions"). The GBR is a Contract Document. The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GBR, all other Contract Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined. Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bidding strategies, and Bid prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or EJCDC® C-200-4 indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner's authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. 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. 4.04 Owner's Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 8 of the General Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 — BIDDER'S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; EJCDC® C-200-5 D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs; F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid 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 bid and within the times required, and 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. 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; determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6 — PRE-BID CONFERENCE 6.01 A pre -Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7 — INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for EJCDC® C-200-6 opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 — BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder's maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and 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 released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9 — CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement. ARTICLE 10 — LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11— SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those "or -equal" or substitute materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an "or - equal" or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids in the case of a proposed substitute and 5 days prior in the case of a proposed "or -equal". Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer's decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders EJCDC® C-200-7 shall not rely upon approvals made in any other manner. Substitutes and "or -equal" materials and equipment may be proposed by Contractor in accordance with Paragraphs 7.04 and 7.05 of the General Conditions after the Effective Date of the Contract. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post -Bid approvals of "or -equal" or substitution requests are made at Bidder's sole risk. 11.03 If an award is made, Contractor shall be allowed to submit proposed substitutes and "or -equals" in accordance with the General Conditions. ARTICLE 12 — SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If required by the bid documents, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work: A. Sewer manhole rehabilitation B. Sewer manhole polyvinyl chloride (PVC) lining C. Sewer manhole epoxy coating D. PVC sewer pipe E. Sewer pipe rehabilitation If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. 12.04 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.06A. ARTICLE 13 — PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid EJCDC® C-200-8 price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words "No Bid" or "Not Applicable." 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. 13.03 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 partnership's address for receiving notices shall be shown. 13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm's address for receiving notices shall be shown. 13.05 A Bid by an individual shall show the Bidder's name and address for receiving notices. 13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture's address for receiving notices shall be shown. 13.07 All names shall be printed in ink below the signatures. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.10 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 — BASIS OF BID 14.01 Base Bid with Alternates A. Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. 14.02 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The "Bid Price" (sometimes referred to as the extended price) for each unit price Bid item will be the product of the "Estimated Quantity" (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding "Bid Unit Price" offered by the Bidder. The total of all unit price Bid items will be the sum of these "Bid Prices"; such total EJCDC® C-200-9 will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General 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. 14.03 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.13 of the General Conditions. ARTICLE 15 — SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. Prospective Bidders shall only use the printed proposal provided by the Department of Public Works and submit their bid proposal in a sealed envelope. Addenda, if issued for said project, will only be available on the State and County Procurement Notices website - http://hawaii.gov/spo/notices. 15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package 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 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 package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Administration Office, Department of Public Works, Aupuni Center, 101 Pauahi Street, Suite 7, Hilo, Hawaii 96720- 4224. 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. EJCDC® C-200-10 ARTICLE 17 — OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 — EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 19.03 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a "Base Bid plus alternates" budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. 19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 20 — BONDS AND INSURANCE 20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the EJCDC® C-200-11 Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21— SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 22 — ARTICLE 22 — GENERAL EXCISE AND USE TAXES 22.01 Owner is not exempt from state general excise and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall be included in the Bid. ARTICLE 23 — CONTRACTS TO BE ASSIGNED 23.01 Not used. ARTICLE 24 — FEDERAL REQUIREMENTS 24.01 Federal requirements at Article 19 of the Supplementary Conditions apply to this Contract. EJCDC® C-200-12 QUALIFICATIONS STATEMENT THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS 1. SUBMITTED BY: Official Name of Firm: Address: 2. SUBMITTED TO: 3. SUBMITTED FOR: Owner: Project Name: TYPE OF WORK: 4. CONTRACTOR'S CONTACT INFORMATION Contact Person: Title: Phone: Email: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 8 5. AFFILIATED COMPANIES: 1►-T,iT- Address: 6. TYPE OF ORGANIZATION: ❑ SOLE PROPRIETORSHIP Name of Owner: Doing Business As: Date of Organization: ❑ PARTNERSHIP Date of Organization: Type of Partnership: Name of General Partner(s): ❑ CORPORATION State of Organization: Date of Organization: Executive Officers: - President: - Vice President(s): - Treasurer: -Secretary: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 8 ❑ LIMITED LIABILITY COMPANY State of Organization: Date of Organization: Members: ❑ JOINT VENTURE Sate of Organization: Date of Organization: Form of Organization: Joint Venture Managing Partner 2►E1iT�i - Address: Joint Venture Managing Partner - Name: - Address: Joint Venture Managing Partner - Name: - Address: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 8 7. LICENSING Jurisdiction: Type of License: License Number: Jurisdiction: Type of License: License Number: 8. CERTIFICATIONS CERTIFIED BY: Disadvantage Business Enterprise: Minority Business Enterprise: Woman Owned Enterprise: Small Business Enterprise: Other ( ): 9. BONDING INFORMATION Bonding Company: Address: Bonding Agent: Address: Contact Name: Phone: Aggregate Bonding Capacity: Available Bonding Capacity as of date of this submittal: EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 8 10. FINANCIAL INFORMATION Financial Institution: Address: Account Manager: Phone: INCLUDE AS AN ATTACHMENT AN AUDITED BALANCE SHEET FOR EACH OF THE LAST 3 YEARS 11. CONSTRUCTION EXPERIENCE: Current Experience: List on Schedule A all uncompleted projects currently under contract (If Joint Venture list each participant's projects separately). Previous Experience: List on Schedule B all projects completed within the last 5 Years (If Joint Venture list each participant's projects separately). Has firm listed in Section 1 ever failed to complete a construction contract awarded to it? ❑YES ❑ NO If YES, attach as an Attachment details including Project Owner's contact information. Has any Corporate Officer, Partner, Joint Venture participant or Proprietor ever failed to complete a construction contract awarded to them in their name or when acting as a principal of another entity? ❑ YES ❑ NO If YES, attach as an Attachment details including Project Owner's contact information. Are there anyjudgments, claims, disputes or litigation pending or outstanding involving the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture)? ❑YES ❑ NO If YES, attach as an Attachment details including Project Owner's contact information. EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 8 12. SAFETY PROGRAM: Name of Contractor's Safety Officer: Include the following as attachments: Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) OSHA No. 500- Log & Summary of Occupational Injuries & Illnesses for the past 5 years. Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all OSHA Citations & Notifications of Penalty (monetary or other) received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE. Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all safety citations or violations under any state all received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE. Provide the following for the firm listed in Section V (and for each proposed Subcontractor furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) the following (attach additional sheets as necessary): Workers' compensation Experience Modification Rate (EMR) for the last 5 years: YEAR EMR YEAR EMR YEAR EMR YEAR EMR YEAR EMR Total Recordable Frequency Rate (TRFR) for the last 5 years: YEAR TRFR YEAR TRFR YEAR TRFR YEAR TRFR YEAR TRFR EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 8 Total number of man-hours worked for the last 5 Years: YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS Provide Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) Days Away From Work, Days of Restricted Work Activity or Job Transfer (DART) incidence rate for the particular industry or type of Work to be performed by Contractor and each of Contractor's proposed Subcontractors and Suppliers) for the last 5 years: YEAR DART YEAR DART YEAR DART YEAR DART YEAR DART 13. EQUIPMENT: MAJOR EQUIPMENT: List on Schedule C all pieces of major equipment available for use on Owner's Project. EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 8 I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. NAME OF ORGANIZATION: BY: TITLE: ►[•]r_llIffi%l19:M5 SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20 10[•]r_l:M&alllI[a�►,IFTI 9: t•]9 MY COMMISSION EXPIRES: REQUIRED ATTACHMENTS 1. Schedule A (Current Experience). 2. Schedule B (Previous Experience). 3. Schedule C (Major Equipment). 4. Audited balance sheet for each of the last 3 years for firm named in Section 1. 5. Evidence of authority for individuals listed in Section 7 to bind organization to an agreement. 6. Resumes of officers and key individuals (including Safety Officer) of firm named in Section 1. 7. Required safety program submittals listed in Section 13. 8. Additional items as pertinent. EJCDC® C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 8 SCHEDULE A 02765-A. CONTRACTOR'S EXPERIENCE FORM Current Experience Experienced Person's Name: Proj ect: Diameter(s): inches Duration of Project Owner Name: Proj ect: Diameter(s): inches Duration of Project Owner Name: Owner Phone Number: CONTRACTOR'S EXPERIENCE TRANSMITTAL Year of Construction Completion: Owner Phone Number: Year of Construction Completion: Proj ect: Diameter(s): inches Duration of Project Year of Construction Completion: Owner Name: Owner Phone Number: SCHEDULE B 02765-A. CONTRACTOR'S EXPERIENCE FORM CONTRACTOR'S EXPERIENCE TRANSMITTAL Previous Experience (Include ALL projects completed within last 5 years.) Experienced Person's Name: Proj ect: Diameter(s): inches Duration of Project Owner Name: Proj ect: Diameter(s): inches Duration of Project Owner Name: Owner Phone Number: Year of Construction Completion: Owner Phone Number: Year of Construction Completion: Proj ect: Diameter(s): inches Duration of Project Year of Construction Completion: Owner Name: Owner Phone Number: LU J m Q J Q Q Z cW G d LU cr0 Q LL LO F N J i U LU J W U N W J Q W U Q z 0 0 z 0 U W Q D W N Q U d LU H C w E 0 m V Lnti V V V LU 71 i sao a v c C o W > OA CL 0 w V O h V w E v TABLE OF CONTENTS Page Article1— Bid Recipient................................................................................................................................1 Article 2 — Bidder's Acknowledgements.......................................................................................................1 Article 3 — Bidder's Representations.............................................................................................................1 Article 4 — Bidder's Certification................................................................................................................... 2 Article5 — Basis of Bid...................................................................................................................................3 Article6 —Time of Completion.....................................................................................................................6 Article 7 — Attachments to this Bid............................................................................................................... 6 Article8 — Defined Terms............................................................................................................................. 7 Article9 — Bid Submittal...............................................................................................................................7 EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: The Honorable Harry Kim, Mayor County of Hawai'i Hilo Hawai'i 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents, Lono Kona Sewer Improvements, Job No. WW -XXX, Kailua- Kona, Hawai'i, for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 2.02 Bidder understands and agrees that the Director reserves the right to accept or reject any and all bids and to waive any and all defects and informalities, when in the Director's opinion, such rejection or waiver will be for the best interest of the County of Hawaii. 2.03 The Bidder hereby agrees that if awarded this contract, Bidder will enter into and execute the same within ten (10) days from the date of notice to award and furnish a bond in the amount and character required within the time specified by the specifications Section 103D-324, Hawaii Revised Statutes. 2.04 The Bidder further understands and agrees that by submitting this proposal, 1) he/she is declaring his/her proposal is not in violation of Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2) he/she is certifying that the price(s) submitted was/were independently arrived at without collusion. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum. Date EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work, including the County of Hawaii Standard Specifications for Public Works Construction (September, 1986)and Department of Public Works Standard Details (September, 1984) and General Requirements and Covenants (July, 1972), made a part of these specifications. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 Item Description Unit Estimated Bid Unit Bid Price No. Quantity Price BASE BID 1 Lump Sum, Erosion Control LS LS 2 Lump Sum, Traffic Control LS LS Lump Sum, Archaeological 3 Monitoring LS LS 4 Lump Sum, Project survey LS LS Lump Sum, Mobilization 5 (Submittals, jobsite trailer, LS LS sanitary facilities) Acres, Clearing and grubbing, within the limits of grading, 6 including removal and AC 1.0 disposal of vegetation and tree stumps and roots. Lin. Ft., 8 -inch PVC SDR -26 7 sewer pipe and fittings, in LF 6,430 place complete. 8 Cu. Yds., trench excavation CY 4,000 ' and backfill. Each, Connect to existing 9 sewer manhole, in place EA 2 complete. Each, rehabilitate existing sewer manhole to provide 10 water tight seal and reset top EA 2 to finish grade, in place complete. Each, sewer manholes 5.0' to 11 9.99' deep, in place complete. EA 26 Each, sewer manholes 10.0' to 12 14.99' deep, in place EA 5 complete. Each, sewer manholes 15.0' to 13 19.99' deep, in place EA 1 complete. Each, sewer manholes 20.0' to 14 24.99' deep, in place EA 0 complete. Each, lined shallow drop sewer manholes 5.0' to 9.99' 15 deep PCV lined, in place EA 5 complete. Each, lined drop sewer manholes 10.00' to 15.00' 16 deep PVC lined, in place EA 2 complete. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Item Description Unit Estimated Bid Unit Bid Price No. Quantity Price BASE BID 17 Each, sewer lateral EA 110 connection, in place complete. Lump Sum, Cured -In -Place 18 pipe liner repair system and LS 1 installation, in place complete. Sq. Yd. 2" Asphalt concrete 19 pavement, Mix 3, in place SY 13,800 complete. 20 Sq. Yd. 6" Aggregate base SY 1,500 ' course, in place complete. Sq. Yd. Concrete driveway 21 apron replacement 6" SY 10 concrete w/ 4" base, in place complete. 22 Sq. Ft. Restore concrete SF 850 driveways, in place complete. Sq. Ft. Restore asphalt 23 concrete driveways, in place SF 6,400 complete. Lin Ft., 4 -inch wide white edge 24 stripe, in place complete. LF 3,900 ' Lin Ft., 12 -inch wide solid 25 white stripe, in place LF 165 complete. Lin Ft., 4 -inch wide double 26 yellow stripe, in place LF 2,200 complete. Adjust water valves and 27 manholes to finish grade, in EA 40 place complete. Adjust centerline monuments 28 to finish grade, in place EA 17 complete. Lump Sum. Allowance for 29 backfill of lava tubes LS LS Total of All Unit Price Bid Items (BASE BID) $ ALTERNATE BID ITEM 1 Lump Sum, CIPP of existing 30 sewer line LS LS Total of All Unit Price Bid Items (BASE BID PLUS ALTERNATE BID ITEM 1) $ Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 provided in the Contract Documents (3) The Director also reserves the right, during construction, to decrease or increase the scope of work, because of limitations of funds, with no adjustment in unit prices and (4) that if the product of the Unit Price bid by the number of units does not equal the total amount named by the Bidder for any item, it will be assumed that the error was made in computing the total amount and for the purpose of computing the lowest Bidder, the named Unit Price alone will be considered as representing the Bidder's intention and the total amount bid on such item shall be considered at the amount arrived by multiplying the Unit Price by the number of Units. . Total of Lump Sum and Unit Price Bids = Total Bid Price $ ARTICLE 6 — ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. List of Project References; E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; F. Contractor's License No.: [or] Evidence of Bidder's ability to obtain a State Contractor's License and a covenant by Bidder to obtain said license within the time for acceptance of Bids; G. Required Bidder Qualification Statement with supporting data; and H. If Bid amount exceeds $10,000, signed Compliance Statement ( RD 400-6). Refer to special equal opportunity requirements set forth in the Supplemental General Conditions; If Bid amount exceeds $25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions (AD -1048); J. If Bid amount exceeds $100,000, signed RD Instruction 1940-Q, Exhibit A-1, Certification for Contracts, Grants, and Loans. K. Hawaii Apprenticeship Preference with Schedule of Apprenticeship Trades EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 L. Hawaii Product Preference ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 — BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Telephone Number: Fax Number: Contact Name and e-mail address: Bidder's License No.: (where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Lono Kona Sewer Improvements — North Kona, Hawaii): BOND Bond Number: Date: Penal sum (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Print Name Title Attest: Attest: Signature (Attach Power of Attorney) Print Name Title Signature Signature Title Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EKDO C-430-2 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EKDO C-430-2 NOTICE OF AWARD Date of Issuance: Owner: County of Hawaii, Department of Owner's Contract No.: Environmental Management Engineer: Belt Collins Hawaii, LLC Engineer's Project No.: 2016-73-0100 Project: Lono Kona Sewer Improvements Contract Name: WW - Bidder: Bidder's Address: TO BIDDER: You are notified that Owner has accepted your Bid dated [ ] for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: [describe Work, alternates, or sections of Work awarded] The Contract Price of the awarded Contract is: $ [note if subject to unit prices, or cost-plus] [ ] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. [revise if multiple copies accompany the Notice of Award] El a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of this Notice of Award: 1. Deliver to Owner [_]counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: Authorized Signature By: Title: Copy: Engineer, Belt Collins Hawaii, LLC EJCDC® C-510 -1 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between County of Hawaii ("Owner") and ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: LONOKONA'SEWEF IMPROVEMENTS, ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by Hawaii LLC 3.02 The Owner has retained Beit ti Collins, Hawaii, LLC ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before November 5, 2019, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before 12/4/2019. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): EJCDC® C-520-1 1. Substantial Completion: Contractor shall pay Owner $ for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4. Liquidated Damages Upon Termination: If the Owner terminates the Contract on account of the Contractor's default, liquidated damages shall be assessed against the defaulting Contractor and its Surety until final completion of the work is accomplished by whatever alternate means selected or enacted by the Owner. 5. Actual Damages Recoverable if Liquidated Damages Deemed Unenforceable: In the event a court of competent jurisdiction holds that any liquidated damages assessed pursuant to this contract are unenforceable, the Owner will be entitled to recover its actual damages for the Contractor's failure to complete the work, or any designated portion thereof within the time set by the contract. B. Bonus: Contractor and Owner further recognize the Owner will realize financial and other benefits if the Work is completed prior to the time specified for Substantial Completion. Accordingly, Owner and Contractor agree that as a bonus for early completion, Owner shall pay Contractor $ for each day prior to the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract) that the Work is substantially complete. The maximum value of the bonus shall be limited to $ . 4.04 [Deleted] ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of EJCDC® C-520-2 Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage); and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion of the entire construction to be provided under the Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor to 140 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or adjacent to the Site. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. EJCDC® C-520-3 F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to _, inclusive). 2. Performance bond (pages to_, inclusive). 3. Payment bond (pages _to _, inclusive). 4. Other bonds. a. _ (pages _ to inclusive). 5. General Conditions (pages_ to_, inclusive). 6. Supplementary Conditions (pages _ to inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. The Drawings listed on the attached sheet index. 9. Addenda (numbers_ to_, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages _ to _, inclusive). b. Geotechnical Baseline Report (pages_ to____, inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). EJCDC® C-520-4 C. There are no Contract Documents other than those listed above in this Article 9 D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and EJCDC® C-520-5 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC° C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee°, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. EJCDC® C-520-6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). •C INT/►M:ii Ml - Title: Title: CONTRACTOR: M Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: License No.: (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) EJCDC® C-520-7 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 Before Starting Construction................................................................................................. 6 2.04 Preconstruction Conference; Designation of Authorized Representatives ...........................7 2.05 Initial Acceptance of Schedules............................................................................................. 7 2.06 Electronic Transmittals...........................................................................................................7 ARTICLE 3 — Documents: Intent, Requirements, Reuse.................................................................. 8 3.01 Intent...................................................................................................................................... 8 3.02 Reference Standards..............................................................................................................8 3.03 Reporting and Resolving Discrepancies................................................................................. 8 3.04 Requirements of the Contract Documents............................................................................9 3.05 Reuse of Documents............................................................................................................10 ARTICLE 4 — Commencement and Progress of the Work............................................................. 10 4.01 Commencement of Contract Times; Notice to Proceed......................................................10 4.02 Starting the Work.................................................................................................................10 4.03 Reference Points..................................................................................................................10 4.04 Progress Schedule................................................................................................................10 4.05 Delays in Contractor's Progress...........................................................................................11 ARTICLE 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions..................................................................................................................................... 12 5.01 Availability of Lands.............................................................................................................12 5.02 Use of Site and Other Areas.................................................................................................12 5.03 Subsurface and Physical Conditions.....................................................................................13 5.04 Differing Subsurface or Physical Conditions........................................................................13 5.05 Underground Facilities.........................................................................................................15 5.06 Hazardous Environmental Conditions at Site......................................................................16 ARTICLE 6 — Bonds and Insurance................................................................................................. 18 EJCDC® C-7004 6.01 Performance, Payment, and Other Bonds...........................................................................18 6.02 Insurance -General Provisions............................................................................................19 6.03 Contractor's Insurance.........................................................................................................20 6.04 Owner's Liability Insurance..................................................................................................22 6.05 Property Insurance...............................................................................................................22 6.06 Waiver of Rights................................................................................................................... 24 6.07 Receipt and Application of Property Insurance Proceeds ................................................... 25 ARTICLE 7 - Contractor's Responsibilities.................................................................................... 26 7.01 Supervision and Superintendence....................................................................................... 26 7.02 Labor; Working Hours.......................................................................................................... 26 7.03 Services, Materials, and Equipment.....................................................................................26 7.04 "Or Equals"...........................................................................................................................26 7.05 Substitutes........................................................................................................................... 27 7.06 Concerning Subcontractors, Suppliers, and Others.............................................................29 7.07 Patent Fees and Royalties....................................................................................................30 7.08 Permits.................................................................................................................................31 7.09 Taxes.................................................................................................................................... 31 7.10 Laws and Regulations...........................................................................................................31 7.11 Record Documents...............................................................................................................32 7.12 Safety and Protection........................................................................................................... 32 7.13 Safety Representative..........................................................................................................33 7.14 Hazard Communication Programs.......................................................................................33 7.15 Emergencies.........................................................................................................................33 7.16 Shop Drawings, Samples, and Other Submittals..................................................................33 7.17 Contractor's General Warranty and Guarantee...................................................................35 7.18 Indemnification.................................................................................................................... 36 7.19 Delegation of Professional Design Services.........................................................................37 ARTICLE 8 - Other Work at the Site.............................................................................................. 37 8.01 Other Work.......................................................................................................................... 37 8.02 Coordination........................................................................................................................38 8.03 Legal Relationships...............................................................................................................38 ARTICLE 9 - Owner's Responsibilities........................................................................................... 39 9.01 Communications to Contractor............................................................................................39 9.02 Replacement of Engineer.....................................................................................................39 9.03 Furnish Data.........................................................................................................................40 EJCDC® C -700 -ii 9.04 Pay When Due......................................................................................................................40 9.05 Lands and Easements; Reports, Tests, and Drawings..........................................................40 9.06 Insurance.............................................................................................................................. 40 9.07 Change Orders......................................................................................................................40 9.08 Inspections, Tests, and Approvals........................................................................................40 9.09 Limitations on Owner's Responsibilities..............................................................................40 9.10 Undisclosed Hazardous Environmental Condition...............................................................40 9.11 Evidence of Financial Arrangements....................................................................................40 43 9.12 Safety Programs...................................................................................................................40 ARTICLE 10 — Engineer's Status During Construction................................................................... 41 10.01 Owner's Representative.......................................................................................................41 10.02 Visits to Site..........................................................................................................................41 10.03 Project Representative.........................................................................................................41 10.04 Rejecting Defective Work.....................................................................................................41 10.05 Shop Drawings, Change Orders and Payments....................................................................41 10.06 Determinations for Unit Price Work....................................................................................42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work................42 10.08 Limitations on Engineer's Authority and Responsibilities....................................................42 10.09 Compliance with Safety Program.........................................................................................42 ARTICLE 11— Amending the Contract Documents; Changes in the Work .................................... 43 11.01 Amending and Supplementing Contract Documents..........................................................43 11.02 Owner -Authorized Changes in the Work.............................................................................43 11.03 Unauthorized Changes in the Work.....................................................................................44 11.04 Change of Contract Price.....................................................................................................44 11.05 Change of Contract Times....................................................................................................45 11.06 Change Proposals.................................................................................................................45 11.07 Execution of Change Orders.................................................................................................46 11.08 Notification to Surety...........................................................................................................46 ARTICLE 12 — Claims...................................................................................................................... 46 12.01 Claims...................................................................................................................................46 ARTICLE 13 — Cost of the Work; Allowances; Unit Price Work ..................................................... 48 13.01 Cost of the Work..................................................................................................................48 13.02 Allowances........................................................................................................................... 50 13.03 Unit Price Work....................................................................................................................50 ARTICLE 14—Tests and Inspections; Correction, Removal or Acceptance of Defective Work.... 51 EJCDC® C -700 -iii 14.01 Access to Work.....................................................................................................................51 14.02 Tests, Inspections, and Approvals........................................................................................51 14.03 Defective Work.....................................................................................................................52 14.04 Acceptance of Defective Work.............................................................................................53 14.05 Uncovering Work.................................................................................................................53 14.06 Owner May Stop the Work.................................................................................................. 53 14.07 Owner May Correct Defective Work....................................................................................54 ARTICLE 15 — Payments to Contractor; Set -Offs; Completion; Correction Period ....................... 54 15.01 Progress Payments...............................................................................................................54 15.02 Contractor's Warranty of Title............................................................................................. 57 15.03 Substantial Completion........................................................................................................57 15.04 Partial Use or Occupancy.....................................................................................................58 15.05 Final Inspection....................................................................................................................59 15.06 Final Payment.......................................................................................................................59 15.07 Waiver of Claims..................................................................................................................60 15.08 Correction Period.................................................................................................................60 ARTICLE 16 — Suspension of Work and Termination.................................................................... 61 16.01 Owner May Suspend Work..................................................................................................61 16.02 Owner May Terminate for Cause.........................................................................................61 16.03 Owner May Terminate For Convenience.............................................................................62 16.04 Contractor May Stop Work or Terminate............................................................................63 ARTICLE 17 — Final Resolution of Disputes................................................................................... 63 17.01 Methods and Procedures.....................................................................................................63 ARTICLE 18 — Miscellaneous......................................................................................................... 63 18.01 Giving Notice........................................................................................................................63 18.02 Computation of Times.......................................................................................................... 64 18.03 Cumulative Remedies..........................................................................................................64 18.04 Limitation of Damages.........................................................................................................64 18.05 No Waiver............................................................................................................................64 18.06 Survival of Obligations.........................................................................................................64 18.07 Controlling Law....................................................................................................................64 18.08 Headings...............................................................................................................................64 EJCDC® C -7004v ARTICLE 1– DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. 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, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 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. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document 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, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer EJCDC® C-700-1 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC® C-700-2 24. Liens—Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed—A written notice 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. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. 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. 30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. 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. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 37. 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, and such other lands furnished by Owner which are designated for the use of Contractor. EJCDC® C-700-3 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. 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. 40. 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. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. 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 a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. 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 but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. 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; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. EJCDC® C-700-4 1.02 Terminology A. The words and terms discussed in the following paragraphs 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 Article 10 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 15.03 or 15.04). 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. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four EJCDC® C-700-5 words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. 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. Bonds: 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 Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), 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; 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. EJCDC® C-700-6 2.04 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 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, 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 and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 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 2.03.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 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 the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project -related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. EJCDC® C-700-7 ARTICLE 3 — DOCUMENTS: INTENT, REQUIREMENTS, 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. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, 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, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract 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, reference standard, 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 part of the Contract Documents prepared by or for Engineer. 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 part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. EJCDC® C-700-8 2. Contractor's Review of Contract Documents: If, before or 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) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) 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 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 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 part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); 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 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C-700-9 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers 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 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; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. 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. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 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 Contract 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 Contract. 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 Contract, whichever date is earlier. 4.02 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 such date. 4.03 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. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 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 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. EJCDC® C-700-10 B. 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, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, 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 Times and Contract Price. 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. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. 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. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. EJCDC® C-700-11 ARTICLES —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 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. 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 permanent improvements are to be made 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. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, 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 any such claim, and against all 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 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste EJCDC® C-700-12 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 and adjacent areas 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 of 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 structures or land to stresses or pressures that will endanger them. 5.03 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 adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's 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. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site 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 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or EJCDC® C-700-13 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 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, C. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study EJCDC® C-700-14 of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or C. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent 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 do not warrant or guarantee 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 information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; C. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and EJCDC® C-700-15 recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; C. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against EJCDC® C-700-16 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. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) 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 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. 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, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. 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 EJCDC® C-700-17 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, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. 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 (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. 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 failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, 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. 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 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. EJCDC® C-700-18 Department of the Treasury. A bond 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 the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then 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 bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A -VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. EJCDC® C-700-19 E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, 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. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. 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. C. Commercial General Liability—Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: EJCDC® C-700-20 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry -standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; 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 (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining EJCDC® C-700-21 applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that 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. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, 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. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable 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 Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under EJCDC® C-700-22 such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 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; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; 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. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner -furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. EJCDC® C-700-23 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each otherinsured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, 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 insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the 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 Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, 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 or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. EJCDC® C-700-24 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: 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 occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.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, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, 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 builder's risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. EJCDC® C-700-25 ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 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. 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. 7.02 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, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 7.03 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, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work 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. 7.04 "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 Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item 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 is permitted, Contractor may request that Engineer authorize the use of other items of material or EJCDC® C-700-26 equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that 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, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, 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; 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; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. 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. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or -equal" request. Engineer may require Contractor to furnish additional data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or -equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or -equal", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request shall result in any change in Contract Price. The Engineer's denial of an "or -equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent EJCDC® C-700-27 possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. 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: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) 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 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. C. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. EJCDC® C-700-28 C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. 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. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the EJCDC® C-700-29 replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. 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 the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. 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. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. 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. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. O. 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 money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 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. EJCDC® C-700-30 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. 7.08 Permits A. Unless otherwise provided in the Contract Documents, 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 the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work 7.09 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. 7.10 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 or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and 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 such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. EJCDC® C-700-31 C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 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, other work in progress, 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 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 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. EJCDC® C-700-32 E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.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 at its expense (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 protection 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 15.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 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. 7.14 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. 7.15 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 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the 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; EJCDC® C-700-33 C. determined and verified the suitability of all materials and equipment 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. 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 of that submittal, and that Contractor approves the 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 set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. 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 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall 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 7.16.D. 3. 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. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. 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 EJCDC® C-700-34 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 or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample 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 7.16.A.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 will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. 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. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 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, EJCDC® C-700-35 members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on 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; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, 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. 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 EJCDC® C-700-36 indemnification obligation under Paragraph 7.18.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 7.18.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. 7.19 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 Laws and Regulations. 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, 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, 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 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner EJCDC® C-700-37 may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. 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. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, 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. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, EJCDC® C-700-38 disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. 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. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) 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 any such claims, and against all 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 damage, delay, disruption, or interference. ARTICLE 9 — OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. EJCDC® C-700-39 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements, Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 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. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 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 (including obligations under proposed changes in the Work). 9.12 Safety Programs 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. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. EJCDC® C-700-40 ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION 10.01 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. 10.02 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 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 10.08. 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. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. 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. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. 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, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. EJCDC® C-700-41 D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty 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 15.06.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 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. EJCDC® C-700-42 ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes 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. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner -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. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price, or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the EJCDC® C-700-43 Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 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, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. 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, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, 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 13.01.13.1 and 13.01.13.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.13.3, 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 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the EJCDC® C-700-44 maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; 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 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. EJCDC® C-700-45 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. 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; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off, 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 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. ARTICLE 12 —CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and EJCDC® C-700-46 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. EJCDC® C-700-47 ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus -fee, time -and -materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work 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 13.01.C, and shall include only the following items: 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, and 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 13.01. 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. EJCDC® C-700-48 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 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 6.05), 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 communication 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 that Contractor is required by the Contract Documents to purchase and maintain. C. 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 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. EJCDC® C-700-49 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 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 Paragraph 13.01.13. D. Contractor's Fee: When the Work as a whole 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, Change Proposal, Claim, set-off, or other 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 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, 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. 13.02 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: Contractor agrees that: 1. 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 2. 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: 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. 13.03 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 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. Payments to Contractor for Unit Price Work will be based on actual quantities. EJCDC® C-700-50 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. 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 the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price 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; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it 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 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction 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. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. 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. EJCDC® C-700-51 D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. 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. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the EJCDC® C-700-52 measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages 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. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then 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, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages 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 pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. 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, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 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, then 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 EJCDC® C-700-53 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. 14.07 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, 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, then 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 14.07, 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, 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 incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. 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 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 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 during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. 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 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, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. EJCDC® C-700-54 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. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, 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 13.03, 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 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; 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 EJCDC® C-700-55 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 money 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 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; C. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; C. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; EJCDC® C-700-56 f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. 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; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, 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, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 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 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 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 and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. 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 preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the EJCDC® C-700-57 preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. 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 punch list. 15.04 Partial Use or Occupancy 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. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be 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 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work 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 15.03 will apply with respect to certification of Substantial EJCDC® C-700-58 Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 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, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 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, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; C. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) 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, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. 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 documentation as required by the Contract Documents, Engineer is EJCDC® C-700-59 satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. 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 15.07. 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. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 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 Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 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 to other land or areas resulting therefrom. EJCDC® C-700-60 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. 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 repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). 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, 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 are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 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 written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and 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); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and EJCDC® C-700-61 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, 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 complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.13 if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. 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, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 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; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. EJCDC® C-700-62 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. 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 are not intended to preclude Contractor from submitting a Change Proposal 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 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 — MISCELLANEOUS 18.01 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: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or EJCDC® C-700-63 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract 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. 18.03 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. 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. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC® C-700-64 These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC° C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1– DEFINITIONS AND TERMINOLOGY SC 1.01. Add to the list of definitions in Paragraph 1.01.A by inserting the following as numbered items in their proper alphabetical positions: Construction – The process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. The term includes the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. Geotechnical Baseline Report (GBR) — The interpretive report prepared by or for Owner regarding subsurface conditions at the Site, and containing specific baseline geotechnical conditions that may be anticipated or relied upon for bidding and contract administration purposes, subject to the controlling provisions of the Contract, including the GBR's own terms. The GBR is a Contract Document. Geotechnical Data Report (GDR) — The factual report that collects and presents data regarding actual subsurface conditions at or adjacent to the Site, including Technical Data and other geotechnical data, prepared by or for Owner in support of the Geotechnical Baseline Report. The GDR's content may include logs of borings, trenches, and other site investigations, recorded measurements of subsurface water levels, the results of field and laboratory testing, and descriptions of the investigative and testing programs. The GDR does not include an interpretation of the data. If opinions, or interpretive or speculative non-factual comments or statements appear in a document that is labeled a GDR, such opinions, comments, or statements are not operative parts of the GDR and do not have contractual standing. Subject to that exception, the GDR is a Contract Document. Resident – A person who is physically present in the State of Hawaii at the time the person claims to have established the person's domicile in the State of Hawaii and shows the person's intent is to make Hawaii the person's primary residence. Shortage Trade – a construction trade in which there is a shortage of Hawaii residents qualified to work in the trade as determined by the State Department of Labor and Industrial Relations. SC 1.01.A.8 Add the following language at the end of last sentence of Paragraph 1.01.A.8: The Change Order form to be used on this Project is EJCDC C-941. Agency approval is required before Change Orders are effective. EJCDC® 800-1 SC 1.01.A.12 Add the following language at the end of Paragraph 1.01.A.12: , under HRS 103-D SC 1.01.A.28 Add the following sentence at the end of Paragraph 1.01.A.28: The Owner is Department of Environmental Management, Hawaii County. SC 1.01.A.48 Add the following language at the end of the last sentence of Paragraph 1.01.A.48: A Work Change Directive cannot change Contract Price or Contract Times without a subsequent Change Order. SC 1.01.A.49 Add the following new Paragraph after Paragraph 1.01.A.48: Abnormal Weather Conditions — Conditions of extreme or unusual weather for a given region, elevation, or season as determined by Engineer. Extreme or unusual weather that is typical for a given region, elevation, or season should not be considered Abnormal Weather Conditions. SC 1.01.A.50 Add the following new Paragraph after Paragraph 1.01.A.49: Agency — The Project is financed in whole or in part by USDA Rural Utilities Service pursuant to the Consolidated Farm and Rural Development Act Q USC Section 1921 et seq.). The Rural Utilities Service programs are administered through the USDA Rural Development offices; therefore, the Agency for these documents is USDA Rural Development. ARTICLE 2 — PRELIMINARY MATTERS SC 2.01 Delete Paragraphs 2.01 B. and C. in their entirety and insert the following in their place: B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies of insurance (including all endorsements, and identification of applicable self-insured retentions and deductibles) required to be provided by Contractor in Article 6. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. C. Evidence of Owner's Insurance: After receipt from Contractor of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner under Article 6 (if any). Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. SC 2.02.A Amend the first sentence of Paragraph 2.02.A. to read as follows: Owner shall furnish to Contractor five copies of the Contract Documents (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). SC 2.06.B Delete Paragraph 2.06.B and replace it with the term [Deleted]. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK EJCDC® 800-2 SC 4.01.A Amend the last sentence of Paragraph 4.01.A by striking out the following words: 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 Contract, whichever date is earlier. SC 4.05.C.2 Amend Paragraph 4.05.C.2 by striking out the following text: "abnormal weather conditions;" and inserting the following text: Abnormal Weather Conditions; ARTICLES— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC/GBR-5.03 and 5.04. Delete Paragraphs 5.03 and 5.04 of the General Conditions in their entireties and replace with the following provisions: SC/GBR-5.03 Subsurface and Physical Conditions A. Reports and Drawings: None. B. Reliance by Contractor on Technical Data Authorized: Not applicable. C. Geotechnical Baseline Report: 1. This Contract contains a Geotechnical Baseline Report ("GBR"), identified as follows: Geotechnical Engineering Exploration Lono Kona Subdivision Sewer Improvements District North Kona, Island of Hawaii, W.O. 7376-00, dated August 9, 2017, prepared by Geolabs, Inc., Honolulu, Hawaii. 2. The GBR is incorporated as Contract Documents. The GBR is to be used in conjunction with other Contract Documents, including the Drawings and Specifications. 3. The GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (referred to here in the Supplementary Conditions as "Baseline Conditions"). These may include ground, geological, groundwater, and other subsurface geotechnical conditions, and baselines of anticipated Underground Facilities or subsurface structures. 4. The Baseline Conditions shall be used to assist in the administration of the Contract's differing site conditions clause at locations where subsurface conditions have been baselined. If a condition is baselined in the GBR, then only the pertinent Baseline Conditions shall be used to determine whether there is a differing site condition; and no other indication of that condition in the Contract Documents or Technical Data, or of a condition that describes, quantifies, or measures a similar characteristic of the subsurface, shall be used for the differing site condition determination. S. The Baseline Conditions shall not be used to make differing site conditions determinations at locations that have not been baselined in the GBR, or at any location with respect to subsurface conditions that the Baseline Conditions do not address. If Underground Facilities or Hazardous Environmental Conditions are expressly addressed in the Baseline Conditions, then comparison to such Baseline Conditions shall be the primary means of determining (a) whether an Underground Facility was EJCDC® 800-3 shown or indicated with reasonable accuracy, as provided in Paragraph 5.05 of the General Conditions, or (b) whether a Hazardous Environmental Condition was shown or indicated in the Contract Documents as indicated in Paragraph 5.06.1-1 of the General Conditions. 6. The descriptions of subsurface conditions provided in the GBR are based on geotechnical investigations, laboratory tests, interpretation, interpolation, extrapolation, and analyses. Neither Owner, Engineer, nor any geotechnical or other consultant warrants or guarantees that actual subsurface conditions will be as described in the GBR, nor is the GBR intended to warrant or guarantee the use of specific means or methods of construction. 7. The behavior of the ground during construction depends substantially upon the Contractor's selected means, methods, techniques, sequences, and procedures of construction. If ground behavior conditions are baselined in the GBR, they are based on stated assumptions regarding construction means and methods. B. The GBR shall not reduce or relieve Contractor of its responsibility for the planning, selection, and implementation of safety precautions and programs incident to Contractor's means, methods, techniques, sequences, and procedures of construction, or to the Work. SC/GBR-5.04 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface condition that is uncovered or revealed at the Site: 1. differs materially from conditions shown or indicated in the GBR; or 2. differs materially from conditions shown or indicated in Contract Documents other than the GBR, to the extent the GBR is inapplicable; or 3. to the extent the GBR is inapplicable, is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 4. to the extent the GBR is inapplicable, is of such a nature as to require a change in the Drawings or Specifications; or S. to the extent the GBR ais inapplicable, is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within EJCDC® 800-4 any one or more of the differing site condition categories in Paragraph SC/GBR 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption or continuation of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption or continuation of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph SC/GBR 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03 of the General Conditions; and, c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph SC/GBR 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract EJCDC® 800-5 Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. SC 5.06 Delete Paragraphs 5.06.A and 5.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 6 — BONDS AND INSURANCE SC 6.02 Add the following paragraph immediately after Paragraph 6.02.13: 1. Contractor may obtain worker's compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the project is located, (b) is certified or authorized as a worker's compensation insurance provider by the appropriate state agency, and (c) has been accepted to provide worker's compensation insurance for similar projects by the state within the last 12 months. SC 6.03.A.5 Add the following new paragraph immediately after Paragraph 6.03.A.4: S. Contractor shall, in accordance with Hawaii Workers' Compensation Law, HRS 386, "Employers Liability", shall secure required workers' compensation and employers' liability insurance with minimum limits of $100,000 (bodily injury per occurrence) for all of his employees who will be engaged in work at the site of the project, and in case any part of such Contractor's contract is sublet, the Contractor will require his subcontractor to maintain such insurance for all the subcontractor's employees who will be so engaged, unless the latter's employees are protected by the principal Contractor's insurance. The policy shall remain in full force and effect for the term of this contract and which further names the Owner and its officers and employees as an additional insured. The limits required under the contract may not be adequate and any limit requirement contained in the contract shall not act as a limitation of contractor's indemnification and/or liability. SC 6.03 Add the following new paragraph immediately after Paragraph 6.03.C: D. Public Liability and Property Damage — Contractor shall secure required public liability insurance with limits not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) covering death, personal injury, and damage to property (per occurrence) which policy shall remain in full force and effect for the term of this contract and which further names the Owner and its officers and employees as an additional insured. The limits required under the contract may not be adequate and any limit requirement contained in the contract shall not act as a limitation of contractor's indemnification and/or liability. SC 6.03 Add the following new sentences to the end of Paragraph 6.03.D: EJCDC® 800-6 SC 6.03 SC 6.03 Contractor shall secure required automobile liability insurance policy, which policy shall remain in full force and effect for the term of this contract and which further names the Owner and its officers and employees as an additional insured. The limits required under the contract may not be adequate and any limit requirement contained in the contract shall not act as a limitation of contractor's indemnification and/or liability. Add the following new subparagraph after Paragraph 6.03.1.5: 6. Contractor is required to notify the Owner at least sixty (60) days prior to the Contractor seeking to modify or cancel any of the insurance policies required by this contract. The Contractor is also required to notify the Owner immediately of any modification or cancellation of any required insurance policy that is initiated by the insurance carrier. Add the following new paragraph immediately after Paragraph 6.03.J: K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: State: Statutory Federal, if applicable (e.g., Longshoreman's): Statutory Employer's Liability: $ 500,000 2. Contractor's Commercial General Liability under Paragraphs 6.03.13 and 6.03.0 of the General Conditions: General Aggregate $ 2,000,000 Products - Completed Operations Aggregate $ 1,000,000 Personal and Advertising Injury $ 1,000,000 Each Occurrence (Public Liability and Property Damage) $ 1,000,000 Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. 3. Automobile Liability under Paragraph 6.03.D. of the General Conditions: Bodily Injury: Each person $ 1,000,000 Each accident $ 1,000,000 Property Damage: EJCDC® 800-7 Each accident Combined Single Limit of 4. Excess or Umbrella Liability: Per Occurrence General Aggregate S. Contractor's Pollution Liability: $ 1,000,000 $ 1,000,000 $ 5,000,000 $ 5,000,000 Each Occurrence $ Not applicable General Aggregate $ Not applicable ® If box is checked, Contractor is not required to provide Contractor's Pollution Liability insurance under this Contract 6. Additional Insureds: In addition to Owner and Engineer, include as additional insureds the following: Resident Project Representative, Construction Manager. 7. Contractor's Professional Liability: Each Claim $ Not applicable Annual Aggregate $ Not applicable ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES SC 7.02. B. Add the following new subparagraphs immediately after Paragraph 7.02.13: 1. Regular working hours will be 8:30 a.m. to 3:30 p.m., Monday through Friday. 2. Owner's legal holidays are all holidays observed by Hawaii County. SC 7.02.C. Add the following new paragraph immediately after Paragraph 7.02.13: Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer's services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. SC 7.02 Add the following new paragraphs immediately after new Paragraph 7.02.C: D. HRS Chapter 103B as amended by Act 192, SLH 2011 — Employment of State Residents Requirements. 1. Contractor shall ensure that Hawaii residents comprise not less than 80% of the workforce employed to perform the Contract work on the project. The 80% requirement shall be determined by dividing the total number of EJCDC® 800-8 hours worked on the contact by Hawaii residents, by the total number of hours worked on the contract by all employees of the Contactor in the performance of the Contract. The hours worked by a Subcontractor of the Contractor shall count toward the calculation for this section. The hours worked by employees within shortage trades, as determined by the Hawaii Department of Labor and Industrial Relations (DLIR), shall not be included in the calculation for this section. 2. Prior to award of a contract, an Offeror/Bidder may withdraw an offer/bid without penalty if the Offeror/Bidder finds that it is unable to comply with HRS Chapter 103B as amended by Act 192, SLH 2011. 3. Prior to starting any construction work, the Contractor shall submit the subcontract dollar amount for each of its Subcontractors, in a form and manner acceptable to the Owner. 4. The requirements of this section shall apply to any subcontract of $50,000 or more in connection with the Contractor; that is, such Subcontractors must also ensure that Hawaii residents comprise not less than 80% of the Subcontractor's workforce used to perform the subcontract. S. Contractor, and any Subcontractor whose subcontract is $50,000 or more, shall comply with the requirements of HRS Chapter 103B as amended by Act 192, SLH 2011. a. Certification of compliance shall be made in writing under oath by an officer of the Contractor and applicable Subcontractors and submitted with the final payment. The Certificate shall be as provided by the Owner. b. Certification of compliance shall be made under oath by an officer of the company by completing a "Certification of Compliance for Employment of State Residents" form and execute the Certificate before a licensed notary public. c. Contactor and Subcontractors shall maintain records such as certified payrolls for laborers and mechanics who performed work at the site and time sheets for all other employees who performed work on the project. These records shall include names, addresses and number of hours worked on the project by all employees of the Contractor and Subcontractor who performed work on the project to validate compliance with HRS Chapter 103B as amended by Act 192, SLH 2011. The Contactor and Subcontractors shall retain these records and provide access to the Owner and State for a minimum period of four (4) years after the final payment, except that if any litigation, claim, negotiation, investigation, audit or other action involving the records has been started before the expiration of the four-year period, the Contractor and Subcontractors shall retain the records until completion of the action and resolution of all issues that arise from it, or until the end of the four-year period, whichever occurs later. Furthermore, it shall be the Contractor's responsibility to enforce compliance with this provision by any Subcontractor. E. Contractor or applicable Subcontractor who fails to comply with Paragraph 7.02.D shall be subject to any of the following sanctions: EJCDC® 800-9 1. Withholding of payment on the Contract until the Contractor or its Subcontractor complies with HRS Chapter 103B as amended by Act 192, SLH 2011. 2. Proceedings for debarment or suspension of the Contractor or Subcontractor under Hawaii Revised Statutes §103D-702. F. Conflict with Federal Law: Paragraphs 7.02.D. and E shall not apply if the application of these paragraphs is in conflict with any federal law, or if the application of these paragraphs will disqualify the Owner from receiving federal funds or aid. SC 7.04.A Amend the third sentence of Paragraph 7.04.A by striking out the following words: Unless the specification or description contains or is followed by words reading that no like, equivalent, or'or-equal' item is permitted. SC 7.04.A.1 Amend the last sentence of Paragraph a.3 by striking out "and;" and adding a period at the end of Paragraph a.3. SC 7.04.A.1 Delete paragraph 7.04.A.1.a.4 in its entirety and insert the following in its place: [Deleted] SC 7.06.A Amend Paragraph 7.06.A by adding the following text to the end of the Paragraph: The Contractor shall not award work valued at more than fifty percent of the Contract Price to Subcontractor(s), without prior written approval of the Owner. SC 7.06.B Delete paragraph 7.06.13 in its entirety and insert the following in its place: [Deleted] SC 7.06.E Amend the second sentence of Paragraph 7.06.E by striking out "Owner may also require Contractor to retain specific replacements; provided, however, that". ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION SC 10.03 Add the following new paragraphs immediately after Paragraph 10.03.A: B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: EJCDC® 800-10 a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. S. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor -approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. B. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start-ups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. EJCDC® 800-11 b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. c. Maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer's visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. b. Participate in Engineer's final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a EJCDC® 800-12 final punch list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work. C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work. S. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK SC 11.07.0 Add the following new Paragraph after Paragraph 11.07.13: All Contract Change Orders must be concurred in by Agency before they are effective. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC 13.01.13.2 Delete Paragraph 13.01.13.2 in its entirety and insert the following in its place: 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. For any machinery or special equipment other than small hand operated, unautomatic tools shall be paid for at the rental rates agreed upon in writing prior to any work being done. The rental rates are specified in the current edition of "Rental Rate Blue Book for Construction Equipment" published by EquipmentWatch with the following modification: item 3, paragraph six, delete "1554" in line two and replace with "20%." 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. EJCDC® 800-13 SC 13.01.B3. Add the following new subparagraphs after Paragraph 13.01.B.3: a. Any money paid to Contractor shall be disbursed to subcontractors within 10 days after receipt, in accordance with Section 3-125-23, Hawaii Administrative Rules and the subcontract if the subcontractor has met all terms and conditions of the subcontract and there are no bona fide disputes on which the procurement officer has withheld payment. b. Upon final payment to Contractor, full payment to the subcontractor, including retainage, shall be made within ten (10) days after receipt of the money if there are no bona fide disputes over the subcontractor's performance under the subcontract and subcontractor has provided evidence to Contractor of satisfactorily completing all work under their subcontract and has provided a properly documented final payment request as follows. 1) Subcontractor has provided to the contractor an acceptable performance and payment bond for the project executed by a surety company authorized to do business in the state, as provided in Hawaii Revised Statutes Section 103-32.1, or 2) Ninety (90) days has elapsed after the day on which the last of the labor was done, and the last of the material was furnished or supplied, and there has been no written notice of a claim given to contractor and surety under section 103D-324; and The subcontractor has provided the contractor an acceptable release of retainage bond, executed by a surety company authorized to do business in the state, for not more than twice the amount being retained or withheld by the contractor; or other bond acceptable to Contractor; or other form of mutually acceptable collateral. SC 13.02.0 Delete Paragraph 13.02.0 in its entirety and insert the following in its place: [Deleted] ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD SC 15.01.B Amend the second sentence of Paragraph 15.01.B.1 by striking out the following text: "a bill of sale, invoice, or other." SC 15.01.B.3 Add the following language at the end of paragraph 15.01.B.3: No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage, or invest the retainage for the benefit of the Contractor. SC 15.01.B.4 Add the following new Paragraph after Paragraph 15.01.B.3: The Application for Payment form to be used on this Project is EJCDC C-620. The Agency must approve all Applications for Payment before payment is made. SC 15.01.D.1 Delete Paragraph 15.01.D.1 in its entirety and insert the following in its place: The Application for Payment with Engineer's recommendations will be presented to the Owner and Agency for consideration. If both the Owner and Agency find the Application for Payment acceptable, the recommended amount less any EJCDC® 800-14 reduction under the provisions of Paragraph 15.01.E will become due twenty (20) days after the Application for Payment is presented to the Owner, and the Owner will make payment to the Contractor. SC 15.02.A Amend Paragraph 15.02.A by striking out the following text: "no later than seven days after the time of payment by Owner" and insert "no later than the time of payment by Owner." SC 15.03.13 Add the following new subparagraph to Paragraph 15.03.13: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re -inspection or re -testing by Engineer, the cost of such re -inspection or re -testing, including the cost of time, travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. SC 15.06.A.2.e Add the following new subparagraphs after Paragraph 15.06.A.2.e: f. a tax clearance certificate or a "compliant" Hawaii Compliance Express certificate, not more than two (2) months from the date of issuance, for final payment on the contract. The tax clearance certificate or the Hawaii Compliance Express certificate must be valid on the date it is received by the purchasing agency. g. documentation of filing the "The Notice of Completion" in accordance with the Hawaii Revised Statutes. ARTICLE 19 — FEDERAL REQUIREMENTS SC 19 Add Article 19 titled "FEDERAL REQUIREMENTS" SC 19.01 Add the following language as Paragraph 19.01.A. with the title "Agency Not a Party": A. This Contract is expected to be funded in part with funds provided by Agency. Neither Agency, nor any of its departments, entities, or employees is a party to this Contract. SC 19.02 Add the following sections after Article 19.01.A with the title "Contract Approval": A. Owner and Contractor will furnish Owner's attorney such evidence as required so that Owner's attorney can complete and execute the following "Certificate of Owner's Attorney" (Exhibit I of RUS Bulletin 1780-26) before Owner submits the executed Contract Documents to Agency for approval. B. Concurrence by Agency in the award of the Contract is required before the Contract is effective. SC 19.03 Add the following language after Article 19.02.13 with the title "Conflict of Interest & Gratuities": B. Contractor may not knowingly contract with a supplier or manufacturer if the individual or entity who prepared the plans and specifications has a corporate or financial affiliation with the supplier or manufacturer. Owner's officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or agent; (ii) any member of their immediate family; (iii) their partner or (iv) an organization that employs, or EJCDC® 800-15 is about to employ, any of the above, has a financial interest or other interest in or a tangible personal benefit from the Contractor. Owner's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractor or subcontractors. SC 19.04 Add the following language after Article 19.03.A with the title "Gratuities": A. If Owner finds after a notice and hearing that Contractor, or any of Contractor's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of Owner or Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, Owner may, by written notice to Contractor, terminate this Contract. Owner may also pursue other rights and remedies that the law or this Contract provides. However, the existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. B. In the event this Contract is terminated as provided in paragraph 19.04.A, Owner may pursue the same remedies against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in addition to any other damages to which it may be entitled by law, Owner may pursue exemplary damages in an amount (as determined by Owner) which shall not be less than three nor more than ten times the costs Contractor incurs in providing any such gratuities to any such officer or employee. SC 19.05 Add the following language after Article 19.04.13 with the title "Small, Minority and Women's Businesses": A. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. If Contractor intends to let any subcontracts for a portion of the work, Contractor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. SC 19.06 Add the following after Article 19.05.A.(5) with the title "Anti -Kickback": A. Contractor shall comply with the Copeland Anti -Kickback Act (40 U.S.0 3145) as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors EJCDC® 800-16 and Subcontractors on Public Buildings or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that Contractor or subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Owner shall report all suspected or reported violations to Agency. SC 19.07 Add the following after Article 19.06.A with the title "Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended": A. Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). SC 19.08 Add the following after Article 19.07.A with the title "Equal Employment Opportunity": A. The Contract is considered a federally assisted construction contract. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." SC 19.09 Add the following after Article 19.08.A with the title 'Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)": A. Contractors that apply or bid for an award exceeding $100,000 must file the required certification (RD Instruction 1940-Q, Exhibit A-1). The Contractor certifies to the Owner and every subcontractor certifies to the Contractor that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining the Contract if it is covered by 31 U.S.C. 1352. The Contractor and every subcontractor must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. SC 19.10 Add the following after Article 19.09.A with the title "Environmental Requirements": When constructing a Project involving trenching and/or other related earth excavations, Contractor shall comply with the following environmental conditions: A. Wetlands — When disposing of excess, spoil, or other construction materials on public or private property, Contractor shall not fill in or otherwise convert wetlands. EJCDC® 800-17 B. Floodplains — When disposing of excess, spoil, or other construction materials on public or private property, Contractor shall not fill in or otherwise convert 100 - year floodplain areas (Standard Flood Hazard Area) delineated on the latest Federal Emergency Management Agency Floodplain Maps, or other appropriate maps, e.g., alluvial soils on NRCS Soil Survey Maps. C. Historic Preservation — Any excavation by Contractor that uncovers an historical or archaeological artifact or human remains shall be immediately reported to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the State Historic Preservation Officer (SHPO). D. Historic Preservation — Any excavation by Contractor that uncovers an historical or archaeological artifact or human remains shall be immediately reported to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the State Historic Preservation Officer (SHPO). E. Endangered Species — Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of Contractor, Contractor will immediately report this evidence to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the U.S. Fish and Wildlife Service. F. Mitigation Measures — The following environmental mitigation measures are required on this Project: Not applicable. SC 19.11 Add the following after Article 19.10.F with the title "Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708)": A. Where applicable, for contracts awarded by the Owner in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. SC 19.12 Add the following after Article 19.11.A with the title "Debarment and Suspension (Executive Orders 12549 and 12689)": A. A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., EJCDC® 800-18 p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SC 19.13 Add the following after Article 19.12.A with the title "Procurement of recovered materials": A. The Contractor must comply with 2 CFR Part 200.322, "Procurement of recovered materials." EJCDC® 800-19 F J,�.� - ... ........ ENGINEERS )ojwf r d)Nl'RACI' DOCUMENTS COMMITTEE CONTRACTOR (name and address): PERFORMANCE BOND SURETY (name and address of principal place of business): OWNER (name and address): County of Hawai'i, Department of Environmental Management 345 Kekuanaoa Street, Suite 41 Hilo, Hawai'i 96720 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: ❑ None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (seal) Contractor's Name and Corporate Seal By: Signature Print Name Title SURETY Surety's Name and Corporate Seal By: Signature (attach power of attorney) Print Name Title Attest: Attest: Signature Signature Title Title (seal) Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 ENG INNERS KJINf CON]IRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): PAYMENT BOND SURETY (name and address of principal place of business): OWNER (name and address): County of Hawai'i, Department of Environmental Management 345 Kekuanaoa Street, Suite 41; Hilo, Hawai'i 96720 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: ❑ None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (seal) Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature Title Title SURETY (seal) Surety's Name and Corporate Seal By: Signature (attach power of attorney) Print Name Title Attest: Signature Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 6. If a notice of non-payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor, that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference, subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant, with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim, stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract, then the Surety disputed; and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials, or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens, or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3, and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 i. O v � � � jM4 O � O O O A 0 0 0 Z c o z_ 0 A 0 m `o C A � ro a O cam•.,: roEuu 0 p 3 � i 0 p ro [v 1i v d 4 > [v i. 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MII 1.111 .111 -T _ \\ \ \ \ §\ =y « ` / ± \ � \ \ \ 2 } RF 9 a sur ii 1,10M r r rWW t9f,°r fYh2.'4t� �.G1 MPS^ll1C y�; Change Order No. Date of Issuance: Effective Date: Owner: County of Hawaii, Dept of Environmental Management Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Belt Collins Hawaii, LLC Engineer's Project No.: 2016-73-0100 Project: Lono Kona Sewer Improvements Contract Name: WW - The Contract is modified as follows upon execution of this Change Order: Description: Attachments: [List documents supporting change] CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders No. _ to No. _ Orders No. _ to No. Substantial Completion: $ Ready for Final Payment: days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for Final Payment: days or dates RECOMMENDED: ACCEPTED: By: By: By: Engineer (if required) Owner (Authorized Signature) Title: Title Title Date: Date Date Approved by Funding Agency (if applicable) By: Date: Title: ACCEPTED: Contractor (Authorized Signature) EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 A.g ✓^'^w.,.M www a.urµPi�'u. 1�4rtrirvr rw nr.z taf,°rd]r MEWS CMVPJOIi f NOTICE TO PROCEED Owner: County of Hawai'i, Department of Environmental Management Contractor: Engineer: Belt Collins Hawaii LLC Project: Lono Kona Sewer Improvements TO CONTRACTOR: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: 2016-73-0100 Contract Name: Effective Date of Contract: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [ 1 20_]. [see Paragraph 4.01 of the General Conditions] On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, [the date of Substantial Completion is , and the date of readiness for final payment is ] or [the number of days to achieve Substantial Completion is and the number of days to achieve readiness for final payment is ]. Before starting any Work at the Site, Contractor must comply with the following: [Note any access limitations, security procedures, or other restrictions] Owner: Authorized Signature By: Title: Date Issued: Copy: Engineer, Belt Collins Hawaii LLC EJCDC C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 11JC .1 r vc,irKHRS rIA M CONIFRACT E,r(,i(;IFINf':OS COMMIICI"fib: CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: County of Hawaii, Owner's Contract No.: Department of Environmental Management Contractor: Contractor's Project No.: Engineer: Belt Collins Hawaii, LLC Engineer's Project No.: 2016-73-0100 Project: Lono Kona Sewer Improvements Contract Name: This final Certificate of Substantial Completion applies to: ❑ All Work ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: [Note: Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions.] Amendments to Owner's responsibilities: ❑ None ❑As follows Amendments to Contractor's responsibilities: ❑ None ❑As follows: The following documents are attached to and made a part of this Certificate: [punch list; others] This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract. R -A Title: Date: EXECUTED BY ENGINEER: RECEIVED: RECEIVED: (Authorized signature) 12 Title: Date: Owner (Authorized Signature) 12 Title: Date: Contractor (Authorized Signature) EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 USDA Form Approved Form RD 400-6 OMB No. 0575-0018 (Rev. 4-00) COMPLIANCE STATEMENT This statement relates to a proposed contract with (Name of borrower or grantee) who expects to finance the contract with assistance from either the Rural Housing Service (RHS), Rural Business -Cooperative Service (RBS), or the Rural Utilities Service (RUS) or their successor agencies, United States Department of Agriculture (whether by a loan, grant, loan insurance, guarantee, or other form of financial assistance). I am the undersigned bidder or prospective contractor, I represent that: 1. ❑ I have, ❑ have not, participated in a previous contract or subcontract subject to Executive 11246 (regarding equal employment opportunity) or a preceding similar Executive Order. 2. If I have participated in such a contract or subcontract, ❑ I have, ❑ have not, filed all compliance reports that have been required to file in connection with the contract or subcontract. If the proposed contract is for $50,000 or more and I have 50 or more employees, I also represent that: 3. ❑ I have, ❑ have not previously had contracts subject to the written affirmative action programs requirements of the Secretary of Labor. 4. If I have participated in such a contract or subcontract, ❑ I have, ❑ have not developed and placed on file at each establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor. I understand that if I have failed to file any compliance reports that have been required of me, I am not eligible and will not be eligible to have my bid considered or to enter into the proposed contract unless and until I make an arrangement regarding such reports that is satisfactory to either the RHS, RBS or RUS, or to the office where the reports are required to be filed. I also certify that I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I certify further that I will not maintain or provide for my employees any segregated facilities at any of my establishments, and that I will not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I agree that a breach of this certification is a violation of the Equal Opportunity clause in my contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. I further agree that (except where I have obtained identical certifications for proposed subcontractors for specific time periods) I will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that I will retain such certifications in my files; and that I will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): (See Reverse). According to the Paperwork Reduction Act of] 995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays the valid OMB control number. The valid OMB control number for this information collection is 0575-0018. The time required to complete this information collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Position 6 RD 400-6 (Rev. 4-00) NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NON -SEGREGATED FACILITIES A certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32F.R. 7439, may 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date Address (including Zip Code) (Signature of Bidder or Prospective Contractor) This form is available electronically. Form Approved — OMB No. 0505-0027 Expiration Date: 12/31/2018 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S. C. § 552(a), as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F. R. §§ 180.300, 180.355, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations maybe obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided. (Read Instructions On Page Two Before Completing Certification) A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) SIGNATURE(S) I DATE The U.S. Department of Agriculture (USDA) prohibits discrimination in all of its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Assistant Secretary for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S. W, Stop 9410, Washington, DC 20250-9410, or call toll-free at (866) 632-9992 (English) or (800) 877-8339 (TDD) or (866) 377-8642 (English Federal -relay) or (800) 845-6136 (Spanish Federal -relay). USDA is an equal opportunity provider, employer and lender. Instructions for Certification (1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions. (2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. (3) The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. (5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. (6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database. (8) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Form AD -1048 (REV 12/15) Page 2 of 2 RD Instruction 1940-Q Exhibit A-1 CERTIFICATION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (name) (title) •1• (date) (08-21-91) PN 171 s 3 i y M M y 0 0 eq GI 'C ++ NN y cu c i I.i a C1 o. c O +O+Y O Cc cu fa y cu •G! G! 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Iii Iii -0 Iii Iii0111 ill ill illi Ill Ill r 1� Iii Iii Iii u •� ull i lull lull lull lull V lull lull 0 lull lull +O' lull lull O lull ull ull N lull lull .� lull lull �r0+ lull lull lull lull lull lull lull 1A ul ul i ul ul ul O ul lull °1 lull s lull ul �' ul ul O ul ul °1 ul V ul ul °l O ul ul V ull lull fl. ul i ul ul ull O ul ul III Nlll IiiOIII III aIII III III IIIv III III III . .............m iii..............m illi..... .... .....illi illi. .... .... .....Iwl illi............... ...............ILL O m L m r�1 m M � X ` W CO I-- x W LU C R Co E E Lu W Q1 Q r � X � E Q O LU O W � Z N � X E o RUS Bulletin 1780-26 Exhibit I Page 1 CERTIFICATE OF OWNER'S ATTORNEY AND AGENCY CONCURRENCE CERTFICATE OF OWNER'S ATTORNEY PROJECT NAME: CONTRACTOR NAME: I, the undersigned, the duly authorized and acting legal representative of , do hereby certify as follows: I have examined the attached Contract(s) and performance and payment bond(s) and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements is adequate and has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. Name Date AGENCY CONCURRENCE: As lender or insurer of funds to defray the costs of this Contract, and without liability for any payments thereunder, the Agency hereby concurs in the form, content, and execution of this Agreement. Agency Representative Name Date RUS Bulletin 1780-26 Exhibit J Page 1 ENGINEER'S CERTIFICATION OF FINAL PLANS AND SPECIFICATIONS PROJECT NAME: The final Drawings and Specifications, other assembled Construction Contract Documents, bidding - related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, comply with all requirements of the U.S. Department of Agriculture, Rural Utilities Service, to the best of my knowledge and professional judgment. If the Engineers Joint Contract Documents Committee (EJCDC) documents have been used, all modifications required by RUS Bulletin 1780-26 have been made in accordance with the terms of the license agreement, which states in part that the Engineer "must plainly show all changes to the Standard EJCDC Text, using `Track Changes' (redline/strikeout), highlighting, or other means of clearly indicating additions and deletions." Such other means may include attachments indicating changes (e.g. Supplementary Conditions modifying the General Conditions). Engineer Name and Title Date